Santa Rosa Car Accident Lawyers

Injured by a Negligent Driver in Santa Rosa, CA? We Can Help!

Car accidents account for a significant percentage of personal injury claims in the United States. They are the most common claim cause, reflecting the high frequency of accidents on the country's roadways. According to the National Highway Traffic Safety Administration (NHTSA), over 2.7 million people were injured in motor vehicle traffic crashes in 2018, illustrating the high risk of injury in car accidents.

In the aftermath of a car accident, you may be overwhelmed with the pain of your injuries, the stress of medical bills, and the confusion of dealing with insurance companies. This is why turning to an experienced personal injury lawyer can be crucial. At Smith Dollar, our car accident attorneys in Santa Rosa can help protect your rights, handle negotiations with insurers, and fight to ensure you receive the compensation you deserve.

Request a free evaluation with a Santa Rosa car accident attorney by calling us at (707) 405-7391 or you can contact us online. 

Auto Accident Laws in California

California is an at-fault state, meaning the person who is legally responsible for causing a car accident is also liable for the damages. After an accident, the injured party can file a claim with their own insurance, file a third-party claim with the at-fault driver’s insurance, or file a personal injury lawsuit in civil court. Determining fault involves analyzing evidence like police reports, witness statements, traffic camera footage, and other documentation.

One of the most important legal principles in California car accident cases is comparative negligence. Under California’s pure comparative fault rule, each party involved in an accident can be assigned a percentage of the blame, and any compensation awarded will be reduced by that percentage. For example, if a driver is found to be 20% at fault for an accident and is awarded $100,000 in damages, they would ultimately receive $80,000. This system allows accident victims to recover damages even if they were partially responsible for the incident.

State law also mandates drivers carry minimum liability insurance to cover bodily injury and property damage. The minimum limits are $15,000 per person and $30,000 per accident for bodily injury, and $5,000 for property damage. However, these minimums are often insufficient in serious accidents, which is why many drivers opt for higher coverage limits or uninsured/underinsured motorist coverage.

There are time limits for filing legal claims after a car accident, known as the statute of limitations. In California, the general time limit for filing a personal injury lawsuit is two years from the date of the accident. For property damage claims, the deadline is three years. If the accident involved a government vehicle or entity, special rules apply, and a claim must be filed with the appropriate agency within six months.

California also requires that any accident involving injury, death, or property damage exceeding $1,000 be reported to the California Department of Motor Vehicles (DMV) within 10 days using Form SR-1. Failure to do so can lead to suspension of driving privileges.

Types of Car Accidents

Auto accidents can occur through many causes; the majority of these are based on human error. 

These can include:

• Distracted driving: This includes texting, eating, or other activities that divert the driver's attention from the road.
• Speeding: Driving above the speed limit is a common cause of accidents, as it reduces the driver's ability to steer safely around curves or objects in the roadway.
• Drunk driving: Alcohol impairs the ability to drive safely, affecting the driver's ability to focus on the road and make good driving decisions.
• Running red lights or stop signs: These failures put other drivers in harm’s way on roadways and can lead to severe collisions.
• Violating other traffic laws: These can range from failure to yield to tailgating, unsafe lane changes, or reckless driving.

The results of such behaviors can leave you with injuries ranging from minor cuts and bruises to severe whiplash, broken bones, internal injuries, concussions, traumatic brain injuries, burns, spinal cord damage, or death. You may be facing weeks, months, or years of disability in which you will need long-term medical care and may be unable to return to your former job or career. 

This can wreak havoc on your body, mind, emotional stability, and financial scene. Getting the compensation you need and deserve in such situations is crucial. 

Steps to Take After a Car Accident

After a traffic crash, what you do can be critical to your personal injury claim. 

You should:

• Seek immediate medical attention, even if no injuries are apparent, as some may manifest later. You will need medical reports as vital evidence to support the extent of your injuries and the medical care they require.
• Report the accident to the police; this adds further law enforcement verification of the event and its details.
• Document the scene with photos, if possible, and gather contact information from witnesses.
• Notify your insurance company about the accident.
• Consult with a lawyer before making any statements or signing any documents from insurance companies.

FAQs About Car Accident Claims in Santa Rosa

What if the at-fault driver is uninsured or underinsured?

If you're involved in an accident with an uninsured or underinsured driver, you can file a claim under your own uninsured/underinsured motorist (UM/UIM) coverage, if you have it. This coverage can compensate for medical expenses, lost wages, and other damages. If you lack UM/UIM coverage, you may consider filing a lawsuit against the at-fault driver, but collecting damages can be challenging if they lack sufficient assets. ​

Should I accept a settlement offer from the insurance company?

Insurance companies may offer quick settlements to minimize their payouts. However, accepting an early offer without fully understanding the extent of your injuries and damages can be detrimental. Once you accept a settlement, you typically forfeit the right to pursue additional compensation. It's prudent to consult with a personal injury attorney before accepting any offers to ensure you're adequately compensated. ​

Do I need to go to court to resolve a car accident claim?

Most car accident claims are settled out of court through negotiations with the insurance companies. However, if the insurer refuses to offer a fair settlement or denies liability, filing a lawsuit may be necessary. In Santa Rosa, these cases would go through the Sonoma County Superior Court. An attorney can help you determine if court is the right route for your situation. Additionally, having legal representation can benefit you during the court process by ensuring your rights are protected and that you receive fair compensation.

What if the other driver fled the scene of the accident?

If the at-fault driver committed a hit-and-run, you should report the incident to the Santa Rosa Police Department immediately. If they can’t locate the driver, you may be able to recover compensation through your uninsured motorist coverage. Hit-and-run cases can be more complicated, so involving a lawyer early can help preserve evidence and explore all compensation options.

Do I need a lawyer for a car accident claim in Santa Rosa?

While not mandatory, hiring a personal injury attorney can be beneficial, especially if you've sustained significant injuries or if liability is disputed. An attorney can navigate the complexities of the legal system, negotiate with insurance companies, and advocate for your best interests to secure fair compensation.

Maximizing Compensation in California Car Accident Claims

You may secure compensation for past and future medical expenses, lost wages, property damage to your vehicle or personal items, and pain and suffering. Compensation will depend on the extent of your injuries and losses. 

Insurers often attempt to limit or deny these compensations to protect their bottom line. Putting a seasoned law firm like Smith Dollar in your corner can dramatically impact your case. Our injury lawyers are proven negotiators in fighting for optimum results; we are dedicated to securing the compensation you deserve in claims and lawsuits. 

Use our convenient online contact form or call us at (707) 405-7391 for a free consultation today.