When a driver was negligent and caused you or your loved one injuries, call (209) 430-5480 to contact our office and speak to a personal injury attorney specializing in getting car accident victims the compensation they deserve.
Rear-end collisions are one of the most common types of car accidents. Causes are preventable and usually related to distracted driving and a failure to be aware of your surroundings, such as slowing traffic. Rear-end collisions can cause significant injuries, such as whiplash. The collision can snap the victim’s neck back violently and throw their head forward, pulling muscles and causing internal injuries to the spine. Severe rear-end collisions can cause traumatic brain injuries (TBI).
Left Turn Collisions
Also known as T-bone accidents, these occur when one vehicle impacts the side of another car, creating a T-shape. These are usually the result of one car turning left at an intersection and another, traveling from the perpendicular direction, crashing into them. These types of accidents can require investigation into the cause to ensure that the responsible party is held accountable. Often the failure to obey traffic signals or signs is the cause of such collisions.
According to the Insurance Institute of Highway Safety (IIHS), there are 242,000 sideswipe crashes in the U.S. every year. When one car isn’t paying attention and swerves into another lane or doesn’t see another vehicle before changing lanes,it can result in a sideswipe accident. Some of the most common accident injuries from sideswipe accidents are fractures, lacerations, strained muscles and even traumatic brain injuries.
Head-on collisions are the deadliest types of car accidents, for obvious reasons. California law states: “On a two-lane highway, no vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless the left side is clearly visible and free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction.” There are also restrictions on passing when you are close to a bridge, viaduct, tunnel, railroad crossing or intersection. When someone violates this law, catastrophic accidents occur. Even with airbags and seatbelts, this type of violent collision can and often does result in severe injuries and even death.
Car accidents are one of the most common causes of wrongful death because of the amount of people who use the roads. Losing a loved one in a car accident is devastating. Even when you are grieving, it is important to be properly represented to relieve you of the distractions that occur in holding the responsible parties accountable. The Law Offices of Brown & Gessell is here to represent you and your family so that you can focus on healing and still obtain the needed compensation that you deserve, including financial compensation to cover the funeral, burial costs, medical costs and lost wages.
Damages From Car Accidents
Damages can be separated into harms and losses, or non-economic and economic damages. Your economic damages can include medical expenses, from the ambulance bill to prescription medications, hospital and doctors’ bills and rehabilitation. Another economic damage is the loss of income for the time you missed, your future loss of work and the loss of wages of a loved one who has died due to negligence. The cost to replace or repair your vehicle is included in your economic damages as well as out-of-pocket expenses that include but are not limited to:
- Lost use of your vehicle
- Child care
- Outfitting your home to make it more accessible while you are injured or for the future for permanent injuries
Non-economic damages or harms can include pain and suffering and the loss of a loved one, which is called loss of consortium or the loss of the relationship. These damages are harder to value or calculate because of all the subjective elements. Your attorney will have to argue for you to receive what you deserve from the negligent party. Brown & Gessell will gather and present the evidence showing that you have suffered from physical pain, mental anguish, loss of consortium and emotional distress. You can also receive non-economic damages if you have suffered:
- Loss of enjoyment of life
- Post-traumatic stress disorder (PTSD)
- Loss of Consortium
Another category of damages that is rare but is intended to punish the severest of behavior is punitive damages. Punitive damages may be awarded if the conduct was so reckless and so flagrant that it caused harm to human life. These are meant to punish the defendant and, hopefully, deter such behavior in the future.
Do I have a claim?
One of the first things that people want to know is the value of their claim. A common misconception is that the value of a personal injury claim is the same for all similar accidents. It is extremely difficult to determine the value of a personal injury claim accurately. Some juries will award a lot of money in pain and suffering damages, while others might not. How much you receive will depend heavily on who is representing your case. You should choose an aggressive attorney who will fight hard to get you the most out of your claim.
Comparative Fault vs. Contributory Negligence
Under the legal doctrine of comparative fault, each party in a personal injury lawsuit is held responsible for the portion of damages that is equal to their percentage of fault. In contrast, contributory negligence holds that if the plaintiff is even partially responsible for their own injuries, they cannot recover any compensation from the defendant. When a personal injury claimant is partially at fault for causing the accident and their injuries, their settlement is reduced in proportion to their percentage of fault. California is a comparative fault state.
Choose Brown & Gessell
Based in Stockton, we serve clients in San Joaquin Valley and throughout northern California. We are professional and aggressive advocates for the injured and are proud of the results we get for our clients.