Glendale, CA Car Accident Lawyer

The Los Angeles area and much of Southern California are infamous for bad traffic. As you probably know, accidents are common. Even so, you must never disregard them, and those responsible must be held accountable. An attorney can help you take action to get financial compensation for your accident.

Evidence may include, but is not limited to, crash photos, video footage, witnesses, and more. Your evidence will depend on your unique circumstances, and certain forms of evidence may or may not be available. Your lawyer should be able to use whatever evidence is available to build the strongest case possible. If necessary, you may include multiple drivers in the case, and you should account for all damages.

Call our car accident attorneys at the Law Office of John J. Perlstein at (213) 252-1070 to request a private, free case evaluation.

Proving Fault in a Car Accident Case

Proof of fault may be different in each case, but certain kinds of evidence tend to be common and often come up in many cases. Consider the following evidence with your lawyer as you prepare your lawsuit.

Photos of the Accident Scene

Drivers often take pictures to send to insurance companies or to show their lawyers after the accident. If your photos contain crucial details that we can use to support your claim, they may be entered into evidence in a lawsuit.

Dashcam Videos

Dashcams, which are video cameras usually mounted to a vehicle’s dashboard, are becoming increasingly common. If you or another driver involved in the accident had a dashcam, our car accident lawyers should obtain the footage quickly before it is inadvertently deleted.

Witness Testimony

Other drivers who were in front of or behind the accident, passengers, and pedestrians may have seen something important. We should find as many witnesses as possible and talk to them about what they know.

Accident Reconstruction

Accident reconstruction experts may scientifically recreate how the accident occurred based on evidence and information gathered from police reports and the parties involved. An expert witness may even offer their opinion about how the accident happened and who is likely responsible.

Can You Sue for a Car Accident in Glendale, CA if You Are Partially Responsible?

Yes. California follows a pure comparative negligence law. According to this law, plaintiffs who are determined by a jury to be partially responsible for a car accident may still sue and recover damages, but their damages may be reduced in proportion to their share of fault, usually expressed as a percentage. For example, if you are deemed 15% responsible for the car accident, you may recover 85% of your total damages.

There is no limit to how far this rule goes. In theory, a plaintiff may be 99% responsible and still recover 1% of their damages.

What Factors Influence the Value of Your Car Accident Claims?

The value of your potential compensation may depend on numerous factors that you should discuss with your lawyer.

Severity of Injuries

More serious injuries require more extensive and costly medical care, which inevitably leads to bigger medical bills. More severe injuries also tend to result in larger claims for pain and suffering.

Extent of Property Damage

Some people incur significant vehicle damage, while others may have only a few dents and dings. Whatever happens, we must make sure your damages account for all vehicle repair costs.

Your Ability to Work

It is understandable to need time away from work to recover. Unfortunately, this likely means you will lose income as you recover. The longer you cannot work, the more income you may lose, and the more compensation you should claim.

Defendant’s Behavior

If we can prove by “clear and convincing evidence” that the defendant caused the car accident by acting in a way that amounts to fraud, oppression, or malice, you may be awarded significant punitive damages.

Courts award these damages in addition to compensatory damages for things like medical bills, property damage, and pain and suffering. These damages are meant to punish defendants for especially bad actions and, hopefully, deter similar future actions.

Notifying the Defendant of the Car Accident Lawsuit

We must first complete a formal summons for the defendant and have the court clerk approve it. Then, we must serve the summons and a copy of the complaint on the defendant.

What Should You Do if the At-Fault Driver is Uninsured?

You can sue an uninsured driver, but they may not be able to pay your damages. This is where uninsured and underinsured motorist coverage can help. While these policies are optional, insurance companies in California are required to offer them.

Can You Sue for a Car Accident if You Are Uninsured?

California law prohibits uninsured drivers from suing for non-economic damages, including pain and suffering, if they are uninsured at the time of the car accident, even if the other driver is completely at fault. However, you may circumvent this rule if the at-fault driver was under the influence of drugs or alcohol and is convicted of the offense.

How Much Time Do You Have to Sue for a Car Accident?

In California, plaintiffs must file personal injury lawsuits, such as those related to car accidents, no later than 2 years after the accident date. If you try to file your lawsuit late, the court will likely reject your pleadings, and you may be time-barred from ever bringing your claims to court.

Should You Accept a Settlement or Take Your Car Accident Case to Court?

Whether to accept or reject a settlement is completely up to you. You might be offered an insurance settlement, or the defendant may offer a settlement out of their own pocket. Always talk to a lawyer about settlement offers. Your attorney can help you understand the true value of your claims and whether a settlement is good enough or a low-ball offer.

Review Your Case with Our Car Accident Attorneys in Glendale, CA

Call our car accident attorneys at the Law Office of John J. Perlstein at (213) 252-1070 to request a private, free case evaluation.