Drivers not only owe it to themselves to be careful when they are on the road, but they must also uphold the duty of care they owe everyone else in their vicinity. A driver you may never meet has a legal relationship with you just by virtue of being around you on the road.
Unfortunately, drivers do not always uphold their duty of care. Whether they are being careless or reckless, their actions can injure you at any moment. When that happens, your life can change forever. At the very minimum, you may face severe challenges in the short term because of your car accident injuries.
If someone else’s wrongful actions caused your car accident injuries, they must compensate you. To get the money you deserve, you will likely need to go through their insurance company (assuming they followed state law and had car insurance coverage). The legal process will be challenging because that is how insurance companies win.
If you have suffered an injury in a motor vehicle crash in Bakersfield, it is in your best interests to contact a Bakersfield car accident lawyer as soon as possible. Their mission is to establish your right to a settlement and maximize the amount of money you get. You should get paid for all the injuries that you have suffered, whether they are economic losses or non-economic damages, such as the physical pain that is associated with your injuries. Unfortunately, the insurance company is not going to willingly write you a check for the total amount of your damages. An experienced car accident attorney will fight the insurance company and get you every dollar you deserve.
Here are some common causes of car accidents.
Speeding
Speeding may be the most common cause of accidents in the United States, where roughly one-third of fatal car accidents involve speeding as a factor. Speeding is dangerous because drivers cannot respond in time to challenges around them to avoid an accident and can lose control of their vehicles. In addition, they often cannot brake in time when a car stops in front of them, or there is a red light or stop sign.
Distracted Driving
For decades, drivers have tried to multitask behind the wheel, doing things like eating or conversing with passengers in the car. Things have gotten far worse since the invention of the cell phone, and the advent of the smartphone has made things even more dangerous. Now, drivers are often looking down to send or read a text. They may be on social media or surfing the internet when they should have their eyes on the road.
Distracted driving can also involve using the car’s controls. Now that all new vehicles come with an infotainment screen, drivers may be adjusting it while they should focus on the road. Distracted driving is often associated with the following types of car accidents:
- Rear-end crashes: Drivers may not see that a car is in front of them and cannot stop in time to avoid slamming into the back of the vehicle. These accidents often result in serious whiplash injuries for the driver whose car got hit.
- Blindspot accidents: A motorist may not look into their blind spot before they change lanes because their focus is elsewhere.
- T-bone crashes: Distracted driving can cause a driver not to see a stop sign or red light. This situation can cause the driver to strike another vehicle in their path or get hit by another driver with the right of way.
- Head-on accidents: A driver may end up in the wrong lane, either because they veered out of their own lane or they did not see a road sign that pointed them in a particular direction
Driver Inexperience
Drivers must have experience in responding to and dealing with challenges on the road. Younger drivers, in particular, pose a higher risk of an accident because they do not understand the dangers of their own decisions and exercise poor judgment. The more experience a driver has, the more likely they will make sounder decisions behind the wheel.
Teenage drivers are responsible for a disproportionate amount of accidents compared to the percentage of drivers they comprise. They often make unsafe choices behind the wheel, including texting while driving. Teenage drivers also have their friends in the car, which is another poor judgment choice that comes with inexperience.
Drunk Driving
Despite each state having strict laws and enforcement programs to prevent drunk driving, motorists may still get behind the wheel after they have consumed alcohol or taken controlled substances. Drivers have much slower reflexes, and they exercise poor judgment when they are under the influence of alcohol. They are also more likely to drive recklessly.
Drunk driving is a factor in roughly one-third of motor vehicle accident fatalities. Families end up with ruined lives because a drunk driver killed or seriously injured their loved one. Criminal punishment is only part of the sanctions that the responsible driver will face, and you can still receive financial compensation for a drunk driving accident. Since your injuries are likely severe, you may have the right to a substantial settlement check.
Reckless Driving
Reckless driving has become an epidemic, especially since the beginning of the pandemic. Drivers still have unsafe habits and show no sign of changing them anytime soon. Reckless driving puts everyone else on the road at risk.
Examples of reckless driving can include:
- Excessive speeding (by more than 20 miles per hour over the speed limit)
- Weaving in and out of lanes
- Aggressively tailgating too closely behind other drivers
- Road rage incidents
- Racing with other drivers
- Intentionally running red lights or stop signs
Reckless driving has caused a large proportion of motor vehicle accident fatalities. However, you should never assume that a reckless driving car accident proves itself. You will still need evidence that shows what the other driver did to cause the crash.
Weather Conditions
Drivers must exercise caution and reconsider going out when inclement weather is in the forecast. When driving in the rain or snow, they must travel at a speed that is safe for the circumstances, which is often below the posted speed limit.
Poor weather can affect a driver in many ways. The first is that rain can reduce a driver’s visibility, and they may only see a limited distance in front and around them. Second, adverse weather can cause slippery road conditions. The road is often the slickest right when rain begins to fall. Drivers may be unable to see slippery patches on the road until it is too late, and they can lose control of their car. However, bad weather is not an excuse that is sufficient to allow a driver to escape liability for a car accident.
You Must Prove Negligence to Win Your Case
It is up to you to learn and prove the cause of a car accident, and you must show that the other driver was at fault to receive a settlement check for your injuries. Along the way, you will need to overcome possible objections from insurance companies with financial self-interests, and they may put every barrier they can in your way to keep you from getting the money you deserve.
In a car accident case, the legal standard that you must meet to prove your case is demonstrating that the other driver was negligent. Drivers owe others a duty of care to act as a reasonable motorist would under the circumstances. A reasonable motorist will follow all of the traffic rules, and they will act prudently behind the wheel. The driver may assume legal responsibility for paying you if they fail to uphold the duty of care they owe you and cause your injuries.
It may be difficult for you to persuade the other driver’s insurance company that they must pay you for your injuries. Even if you can, it will be even harder to know how much you are due in compensation and to fight to receive it. Insurance companies rarely do anything without a fight, and you will have to force them to pay you every dollar you deserve. If you approach them without the help of a car insurance lawyer, you have long odds of success in your case. Even if you get a settlement check, it will likely be for far less than you are due. You may only know that the insurance company has shortchanged you once you run out of money.
A Car Accident Lawyer Fights for You to Get Compensation
You do not have any of these worries when you hire a car accident attorney who can work to put you in the best possible legal position. Your car accident lawyer’s work begins right after you retain them as your attorney. The first thing that a car accident attorney does is to listen to you and answer any questions that you may have about the legal process. The lawyer will explain your legal rights and path to potentially receiving compensation.
A Bakersfield car accident lawyer has limited time to investigate your accident and compile the necessary evidence to show that the other driver was negligent. If you waste any time hiring a car accident attorney or you are attempting to investigate your own accident, you may find that you have lost the evidence you need to prove your case. A car accident lawyer can immediately roll up their sleeves and begin their investigation of your accident to show that the other driver was to blame for the accident.
Along the way, your car accident attorney may need to deal with allegations that you were somehow to blame for part of the accident. Insurance companies blame claimants because they know they will have to pay less money if they successfully manage to make the allegations stick. They can claim that you were speeding or doing something unsafe yourself. Your car accident lawyer will present evidence to clear your name when the insurance company wrongly accuses you.
Once your car accident lawyer has proven your case, they will proceed to battle for you to get top dollar for your car accident injuries. The other driver’s insurance company must pay up to the maximum amount of the policy when their driver is at fault. You will have the right to receive the following damages:
- Medical expenses
- Property damages
- Lost income
- Pain and suffering
- Loss of enjoyment of life
- Scarring and disfigurement
- Embarrassment and humiliation
- Emotional distress
Your car accident compensation can be considerable, depending on the scope of your injuries and the responsible driver’s insurance coverage. If the other driver did not have enough insurance coverage, you may even file a claim against your own policy. Then, your insurance company will need to pay up to the amount of your underinsured motorist coverage.
Your car accident lawyer is vital in securing adequate compensation for your injuries. They will deal directly with the insurance company, regardless of whether you have filed an informal claim or a more formal lawsuit. At some point along the way, you will likely engage in settlement negotiations with the insurance company. You will have to say no to multiple settlement offers that do not even come close to fully paying you for your injuries. Eventually, chances are that you will reach a settlement agreement with the insurance company after your car accident lawyer has engaged in a vigorous fight on your behalf.
It Costs You Nothing Upfront to Hire a Car Accident Lawyer
Car Accident Lawyer, Mickey Fine
Many people hesitate to seek legal help because they worry about the cost. However, most car accident attorneys work on a contingency fee basis, which means they only get paid if they win your case. This fee is typically a percentage of your compensation, so you do not have to worry about upfront costs or hidden fees.
By hiring a car accident lawyer, you will have a legal professional who understands personal injury law’s complexities. They will handle all the legal aspects of your case, including negotiating with insurance companies, gathering evidence, and representing your interests in court if necessary. In the meantime, you can focus on your recovery and return to your feet while knowing that a skilled attorney is fighting for your rights.
Do not let the fear of expensive legal fees prevent you from seeking the justice and compensation you deserve after a car accident. Contact a Bakersfield personal injury lawyer today to discuss your case and learn how they can help you navigate the legal process. It costs you nothing out of pocket to hire a car accident lawyer, but the peace of mind and representation they provide are invaluable.