Car Accidents
Practice Areas > Car Accidents
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Santa Cruz Car Accident Lawyer
Every day, car accidents are caused by the negligent and careless acts of others. Over 200,000 injuries occur annually as the result of car accidents in California alone. Consequently, our state leads all other states in terms of automobile accidents and their resulting injuries, fatalities, and property damage.
The firm’s principal, attorney Paymon Khatibi, brings knowledge and professionalism to every client’s car accident injury claim. Paymon will work towards recovering fair and just compensation (including recovery for your medical bills) for costs associated with injuries and damages so you can have peace of mind going forward.
If you have been injured in a car accident, even if you are partially to blame, you may be entitled to financial compensation for your injuries and other damages. This can help offset both the economic and non-economic damages caused by your accident and allow you the resources to heal and get your life back on track.
Wave Law Firm also represents individuals involved in car accidents involving Uber and Lyft.
How Can a Santa Cruz Car Accident Lawyer Help After an Injury?
If you or a family member has been injured in a car accident, getting the representation of a Santa Cruz car crash lawyer may be one of the most important decisions you make.
A Santa Cruz accident lawyer will ensure that your legal and financial rights are being protected while you are healing from your injuries. Your personal injury lawyer will gather evidence and investigate the details of the accident, manage insurance claims, manage medical treatment, and negotiate a fair financial settlement from the insurance company.
Injured parties can suffer immeasurable emotional and financial hardships after an accident and often find it difficult to get the compensation they deserve. Having the advice and skill of a legal professional ensures that you are being protected while you are healing from your injuries.
Wave Law Firm ensures that clients’ rights are being attended to each step of the way with personalized attention. From negotiating a fair insurance settlement to litigating a case in a court of law (if necessary to get you compensation), Wave Law Firm helps clients avoid legal pitfalls and ensure that they get fair compensation for their injuries and not just what the insurance company feels their injuries are worth.
Who is Responsible in a Car Accident?
Most accidents are caused by another's' carelessness or recklessness. In the majority of car accidents, the concept of negligence comes into play in determining who is responsible for the accident and the costs associated with it.
California is an at-fault state. This means that the party who is at fault, or negligent, is liable for the injuries that have been suffered by others in the accident. When a negligent party causes an accident that results in injuries, that party will be liable for medical costs and other damages associated with those injuries.
How is Negligence Proven?
Negligence is determined in four steps:
Duty of Care - The defendant owed the injured party a duty of care. All drivers owe this to other parties sharing the road.
Breach of Duty - The defendant breached that duty of care. When a driver does not use reasonable care while navigating the roadways, he or she is “in breach.”
Causation - The defendant’s unreasonable behavior caused the accident.
Damages - The accident resulted in the injured party’s injuries.
Each of these steps must be proven in a matter of negligence. The negligent driver will then be liable for any costs associated with the other party’s injuries including medical bills, ongoing rehabilitative costs, lost wages, vehicle damages, and other costs.
What if I am Partially at Fault?
In some cases, accidents may be the fault of more than one driver. This would fall under comparative fault. In the case of comparative fault, compensation for any damages is distributed according to the percentage of fault of the drivers involved. Even if you are partially at fault for an accident, you may still collect compensation for injuries in direct proportion to the percentage of fault of the other driver. A California personal injury attorney will be able to assist in the determination of comparative fault in a car accident, ensuring you the best possible compensation.
What is Negligence Per Se?
There are times when proving the negligence of a driver can be complicated, even for an accident attorney. But under negligence per se, if a driver is violating laws when the accident takes place, he or she is immediately presumed negligent. It then becomes necessary for that driver to prove that he or she was not violating the law.
What Are the Most Common Types of Accidents in Santa Cruz and the Bay Area That Result in Injuries?
Sharing the road can result in many types of accidents on our California roadways including:
Rear-end collisions
T-bone collisions
Head-on collisions
Road rage and aggressive driving
Speeding accidents
Accidents resulting from failure to abide by traffic signals and signs
Accidents resulting from failure to yield the right-of-way
Recklessness
Distracted driving and texting while driving accidents
Hit and run accidents
Drunk and impaired driving accidents
Unsafe left turn accidents
Crashes due to dangerous road conditions
Bus and public transportation accidents
Rideshare accidents
Trucking accidents
Motorcycle collisions
Bicycle accidents
Pedestrian accidents
Malfunctioning equipment accidents
When drivers, bicyclists, and pedestrians share the roadways, negligent parties who fail to abide by the rules of the road put others in danger. From failing to yield the right-of-way to failing to pay attention, these drivers cause countless accidents that can impact others’ lives. If you have been injured because of someone else’s negligence or carelessness, you should get the advice of a Santa Cruz personal injury attorney to understand your legal rights to compensation.
What Are Damages?
Damages, as they pertain to car accidents, are any injuries or losses that have been suffered by a party due to an accident. Personal injury claims seek compensation for damages from the negligent and liable party. These can be both quantifiable economic damages that have finite dollar values or non-economic damages that are less easily quantifiable, including:
Medical costs, including emergency medical treatment, hospitalization, medications, surgeries, physical therapy, and medical supplies
Future medical costs, care, and treatments
Lost wages
Loss of any future earning capacity
Vehicle repairs or replacement
Pain and suffering
Wrongful death
Common Injuries That Are the Result of a Santa Cruz Car Accident
Each day in Santa Cruz, car accidents cause tremendous physical, emotional, and financial damage to others. Because of the negligence of some drivers, injured parties must endure the painful, costly, and sometimes life-altering consequences of their injuries. These can include:
Traumatic brain injuries
Neck injuries and whiplash
Spinal cord injuries
Orthopedic injuries
Catastrophic injuries
Facial injuries
Injuries to internal organs
Psychological injuries and PTSD
Wrongful death
These injuries can affect an injury victim and their family for a lifetime.
Who Will Pay My Bills After a Car Accident in Santa Cruz?
If another party is found fully or partially liable in an accident that has caused your injuries, their insurance will be responsible for your medical costs and other associated damages. The insurance company will assign an adjuster who will determine the value of the claim and offer a settlement in accordance with their findings.
Insurance companies are very profitable businesses and seldom offer initial settlements that fully take into account the various nuances of your injuries and your potential financial needs. Having the representation of a Santa Cruz accident attorney ensures that you have someone on your side who can evaluate your claim and negotiate on your behalf when the insurance settlement falls short of your needs.
Even though most claims are negotiated successfully outside the courtroom, in cases where an insurance company has offered a settlement that is not fair or sufficient to pay your damages, a Santa Cruz car accident lawyer will file a personal injury lawsuit and take your case to court.
How Does a Santa Cruz Accident Lawyer Get Paid?
Most professional personal injury attorneys in California work on contingency. This means that they only charge if they have successfully resolved your claim. This charge will be a percentage of your compensation and should be clearly defined for you in an agreement drafted at the beginning of your case. At Wave Law Firm, you pay nothing unless we recover compensation on your behalf.
Why Hire a Car Accident Lawyer in Santa Cruz?
Dealing with the aftermath of a car accident can be both overwhelming and, often, devastating. Most individuals have little experience negotiating claims with a large insurance company, especially when they are trying to heal from an injury.
Retaining a Santa Cruz accident attorney allows a legal professional to take over, guide your claim, and ensure that you are getting a fair and equitable settlement. If a fair settlement can’t be negotiated, your injury lawyer will litigate your case in court. Having a legal representative on your side greatly increases your chances of recovering the compensation you will need for your injuries and post-accident life.
If you or a family member has been injured in a car accident in Santa Cruz or surrounding counties, your best resource is the skill and legal representation of a Santa Cruz car accident attorney. At Wave Law Firm, we offer a no-cost case evaluation to help you understand your legal rights to compensation after an accident injury. Let us help you get the compensation you deserve and offer you peace of mind during a vulnerable time.