Bakersfield Car Accident Lawyer

No one can predict a car accident, but you can still prepare. The moments after an accident can be disorienting and terrifying, but staying calm is important. Remaining calm can protect your safety and your legal rights. After an accident, you should:

• Get to a safe location 
• Call 911
• Exchange information 
• Do not admit fault (don’t apologize for any reason)
• Seek medical attention
• Report the accident to your insurance company
• Avoid speaking with insurance adjusters or given recorded statements
• Call a Bakersfield car accident lawyer

The actions you take immediately after an accident may greatly influence the success of your personal injury claim, if you decide to file one. It’s important to be aware of what you say to the responding officer and ensure that you avoid apologizing for anything, even if it’s just because you feel bad for the other person. Additionally, if you are able to, it’s beneficial to take videos and photos of the accident to support your claim. 

Once your safety is ensured, and you’ve reported the accident to your insurance, it’s recommended to contact a Bakersfield car accident lawyer. Before speaking with an insurance adjuster, speaking with an attorney can protect your legal rights to compensation. The other driver’s insurance is looking out for their best interest, not yours. They will try to minimize or dismiss your claim so that they don’t have to pay you the full value of your claim. A car accident lawyer can help ensure that you aren’t accepting any fault or low settlement offers and that your claim isn’t denied. 

Determining who is liable or at fault after a car accident in California can be complex, mainly because of the state’s comparative negligence laws. Car accident claims prove liability on the legal theory of negligence. The four key elements to prove negligence are:

• Duty of care: Legally, everyone on the road owes each other a standard of reasonable care.
• Breach of duty of care: A driver failed to meet that legal standard of care.
• Causation: The must be a connection between the accident and any harm someone suffered with a driver’s breach of their duty of care. 
• Damages: This is the legal term used to describe the monetary compensation the person filing the claim could receive depending on their injury and other subsequent losses.   

Proving that the other driver is liable is not always as simple as it may appear. While it could appear simple on the surface, California’s comparative negligence law can complicate things. For instance, a drunk driver caused the accident, so they’re obviously responsible. However, if the other driver was on the phone, they may be partially responsible. Under California comparative negligence law, if the plaintiff (the person filing the claim) is partially responsible for their accident, the damages they receive could be reduced by the percentage of blame assigned to them.

Insurance adjusters and the other driver will likely try to place fault on you even if you aren’t even slightly at fault to avoid paying the full amount you are owed. Tackling insurance adjusters whose interest is to protect themselves can be taxing. Working with a trusted and skilled Bakersfield car accident attorney ensures that you have someone in your corner to protect you from false blame and helps to ensure you get the maximum value of your claim.

You can recover the following damages in a personal injury claim for a car accident.

Economic Damages

Economic damages are determined by physical proof of expenses that victims have incurred because of the accident, including:

• Medical treatment
• Prescription medication
• Medical or assistive devices
• Rehabilitation or therapy
• Property repair or replacement
• Lost wages or future earnings

Evidence of these damages can be made with actual receipts, medical reports, past pay stubs, and other kinds of physical documents that detail the expenses the person has incurred. 

Non-economic damages

Non-economic damages are the harm that cannot be proven through physical evidence such as receipts. These damages are difficult to determine because it’s challenging to place a monetary value on them. Non-economic damages include:

• Pain and suffering
• Limb loss or disfigurement 
• Loss of enjoyment of life or activities 
• Loss of consortium
• Anxiety, grief, or shock
• Insomnia
• Inconvenience 
• Emotional distress 

Proving the extent of your non-economic damages is challenging, but a skilled attorney can help compile all the evidence and support to prove the existence of your damages. 

The car accident lawyers at Karns & Karns have the experience and skills to handle every aspect of your case. We understand that car accident claims can be a lot to handle emotionally and physically, which is why we are here to help guide you through every step of the process. Our experienced attorneys will make sure the negligent driver who causes the accident is held accountable for your injuries and damages. We are prepared to go to trial if necessary. Karns & Karns is prepared to take on your case and help you pursue the justice you deserve. You can schedule a consultation with us at (888) 381-8044 or fill out our contact form.