Every day, Sacramento car accidents happen due to negligence. In 2020, 3205 victims were injured and killed due to auto accidents. Following an auto wreck, you could be left with serious injuries that could lead to loss of income, medical bills, and property damage.
In such cases, you may file a claim to retrieve restitution for the damages caused by the car accident. A Sacramento car accident attorney can help you fight for fair compensation for an auto collision caused by another party’s negligence.
At Jacoby & Meyers, our car accident lawyers have successfully obtained more than one billion dollars in compensation for victims seeking justice in personal injury and wrongful death cases. Our primary goal is to prioritize your needs and empower you with knowledge about the legal system, ensuring you receive the justice you deserve.
What To Do After a Car Accident in Sacramento
If you are involved in a motor vehicle accident in Sacramento, it is best to follow these steps to help you ensure your safety and take the appropriate legal actions when pursuing a car accident claim:
- Stay calm.
- Call 911 or the Sacramento Police Department to respond to the accident location.
- Check if you sustained injuries in the car crash.
- Seek medical attention immediately by contacting the nearest hospital in Sacramento.
- If you can move, gather evidence at the accident scene, such as the other driver’s contact information, photos of the auto collision, and witness testimonies.
- Cooperate with the Sacramento police officers.
- Seek legal representation from a personal injury lawyer who can help build your car accident claim.
What Is Negligence in a Sacramento Car Accident?
If a negligent driver hits you in Sacramento, the best legal course is to contact a car accident lawyer who can prove the other party’s fault in the auto collision. However, there must be sufficient evidence to establish the other driver’s negligence.
By California law, every driver has a duty of care to drive safely. Breaching this duty of care is known as negligence. Essentially, negligence is determined by these four elements:
- Was there a duty of care? — The person you’re suing must have had a duty of care to protect you and other road users.
- Was there negligence? — Did the driver act in a way that endangered the public? Any violation of the road rules can be seen as proof of negligence.
- Did the driver’s negligence cause the crash? — Even if the driver was negligent, there could be other factors that caused the crash instead. You need to rule out those other possibilities and establish the driver’s wrongdoings that caused the auto accident.
- Were you injured, or were there any damages from the car accident? — Proving you were injured is easy. Proving how badly you were injured and how it will affect your life is the key to getting more compensation.
A serious car accident may also be due to other parties. If a faulty car part or repair causes a car wreck, the manufacturer of that part may have been negligent in their care to provide a safe product. Additionally, a poorly-maintained road that causes a crash could hold the local government responsible for maintaining the road liable for the accident damages.
Proving negligence is one of the main jobs of any Sacramento car accident attorney. However, there are other things you’ll need to justify to get the maximum compensation for your injuries and other damages.
What Can Prove a Car Accident Claim?
You can prove your car accident claim if you have the necessary evidence to establish the other driver’s negligence which caused the crash. In most car accident cases, you may rely on the following proof to justify your claim:
Medical Records
If you incurred minor to serious injuries from the car accident, you may use your medical records to prove your physical damages. However, it is essential to note that these documents should indicate the cause of your injury and the severity of it.
Essentially, you may include the following health records to prove your injuries:
- doctor’s diagnosis,
- medications and health prescriptions,
- medical tests and assessments,
- hospital bills,
- Treatments and rehabilitation, and
- other medical documents related to your injury.
Police Report
In most auto crashes, the responding police officers from Sacramento Police Department will create an accident report noting the essential details about the accident, such as:
- names and other contact information of the individuals involved in the collision,
- the vehicle types and plate numbers of the vehicles involved,
- witness statements,
- description of the auto accident,
- time, date, and location of the collision,
- road and weather conditions during the accident,
- Traffic violations committed by either or both of the drivers, and
- the police officer’s opinion about what caused the accident and how it happened.
Witness Testimony
Testimonies from witnesses are crucial in providing essential evidence in establishing the validity of car accident cases. Such evidence can be spoken or written statements provided by individuals who observed a collision.
Witness statements can provide a narrative of the accident, including:
- the sequence of events leading up to the crash,
- actions and events that transpired before the collision,
- results of the crash,
- detailed information about the motor vehicle accident, such as the involved vehicles’ types and license plate numbers, and
- descriptions of the driver’s physical appearance, especially if the responsible party attempts to flee the scene.
Photos of the Sacramento Car Accident
Accident photos capturing a crash can be advantageous in establishing the cause of an auto collision. Additionally, insurance companies often require accident scene photos to authenticate the extent of the damages incurred.
When capturing the accident scene, make sure to include the following details:
- property damages,
- physical injuries sustained from the crash,
- other evidence, such as skid marks and road debris,
- the same photos from different angles, and
- measurements of the damages by placing an object as a reference.
Suppose you couldn’t gather evidence at the accident scene due to your injuries. In that case, you may reach out to Sacramento accident attorneys who have the resources to work with investigators in collecting proof for your claim.
How Much Is the Compensation for a Car Accident?
Compensation from car accident claims typically depends on the extent of the damages and their impact on the car crash victims’ lives. There are three main types of damages in personal injury cases, namely:
Economic damages are financial losses you can prove through bills, receipts, or pay stubs. Examples of economic damages are the following:
- medical bills,
- vehicle repair or replacement costs,
- lost wages,
- future loss of income, and
- out-of-pocket expenses.
Moreover, a serious car accident may result in catastrophic injuries, including emotional distress. This can be categorized as non-economic damages or non-monetary losses from a collision.
For instance, you incurred a permanent leg disability in a car accident. Because of this, you can’t enjoy playing sports the same way you did before the crash. In this case, the loss of life enjoyment may count as non-economic damage.
Other non-monetary losses from car accidents include the following:
- pain and suffering,
- loss of consortium,
- emotional distress,
- Post-Traumatic Stress Disorder, and
- loss of love and companionship.
Moreover, there are particular circumstances where the court may add punitive damages to the car accident claim. If the court agrees that the other party was especially negligent or malicious, they may grant you more money to punish your opponent.
While it is possible to consider all types of damages in your case, how will you calculate non-monetary losses? Sacramento car accident attorneys will examine the facts of the case, determine the possible damages to include in your compensation, and defend a maximum settlement for your car accident claim.
What is the Statute of Limitations for a Car Accident in Sacramento?
In Sacramento, car accident victims have two years after the crash to pursue a personal injury case Under the California Code of Civil Procedure (CCP) §335.1. The clock on this deadline starts when your injuries occurred or at the time of your family member’s death.
Furthermore, there are specific cases where the deadline may be shortened, extended, or paused depending on the following circumstances:
- Property Damage
If you sustain property damage from the car accident without injuries, the statute of limitations extends to three years.
- Wrongful Death
The statute of limitations begins on the date of the victim’s fatality if they lose their life days, weeks, or months after the crash.
- Against a Local Agency
You only have six months to pursue a personal injury claim if you file against the local government.
- Minor Victims
If the car crash victim is a minor, the deadline starts when they reach the legal age of 18.
- Out-of-Reach At-Fault Parties
The statute of limitations may pause or extend if the at-fault party is out of the state, in prison, or mentally challenged.
- Mentally Incapacitated or Injured Parties
When a person filing a case is mentally incapacitated, the statute of limitations is prolonged. This means that the statute of limitations is suspended if the victim’s injuries are too catastrophic, making them unconscious or incapable of pursuing legal action.
- Bankruptcy
If the person responsible for your car accident declares bankruptcy, the court will impose an automatic postponement on your personal injury case. Your claim against them will not be dismissed until the bankruptcy proceedings are finalized.
With the strict time frame you have to prove your case, it is best to reach out to a Sacramento car accident lawyer who understands the legalities of a personal injury case and knows the appropriate legal steps to avoid having your claim dismissed.
Do I Need to Report My Car Accident to the Sacramento Police Department?
In Sacramento, you must report your car accident to the authorities if the collision falls under the following circumstances:
- One or more of the accident victims has incurred injuries from the crash.
- A driver involved is under the influence of drugs or alcohol.
- A driver involved in the accident flees the scene without notifying other victims or authorities of their contact information.
- The crash causes damage to city property, such as light posts or city vehicles.
Apart from submitting a police report to the Sacramento Police Department, you may be required to complete a Traffic Accident Report Form SR-1 to be forwarded to the California Department of Motor Vehicles. You will need the following information when filing the report:
- time, date, and location of the car accident,
- if known, the license plate numbers of the vehicles involved,
- driver license numbers of the persons involved in the auto accident,
- their insurance information,
- names, addresses, and phone numbers of vehicle passengers.
A police report may be beneficial when filing a car accident claim. In most cases, the at-fault driver’s car insurance company will request a copy of the police report to verify the cause and results of the auto accident.
Frequently Asked Questions About Sacramento Car Accident Claims
If you need further information about car accident claims, the following are frequently asked questions of car crash victims that may help answer your queries about your case.
How Much Does it Cost to Hire a Car Accident Lawyer?
Car accident attorneys don’t typically charge an upfront fee. They instead work on a contingency basis, which means that their pay hinges on the outcome of your case. You won’t owe your lawyer any fee if you lose your claim.
The particular percentage can vary depending on factors such as the complexity of your auto accident case and the amount of work they have to put in to win your claim. Generally, personal injury lawyers in California often charge 33% or more of the car accident settlement.
Should I Report the Accident to My Car Insurance Company?
Depending on your insurance contract, you may be required to report the accident to your car insurance company, regardless of whether it is your fault or not.
However, you should know that insurance providers don’t have your best interests at heart. Instead, they will try to negotiate a reduced settlement amount or avoid paying the damage expenses altogether.
This is why contacting Sacramento car accident lawyers before reporting your accident to the insurance company is essential. They will communicate with the other driver’s insurance provider and defend your case to the best of their abilities.
What Happens if I’m Partially At-Fault for an Auto Accident?
California follows pure comparative negligence, meaning you may file a car accident claim regardless of how much you are liable for the collision’s damages.
For instance, if you were 20% responsible for the car accident, you may receive 80% restitution. Likewise, the other driver can also pursue a case against you, claiming 20% of the accident damages.
It is best to contact Sacramento car accident attorneys immediately after the collision to take the appropriate actions and follow the legal process to avoid losing your case.
Can I Receive Financial Compensation if the At-Fault Driver is Uninsured?
You may still receive financial compensation for your injuries or other damages even if the at-fault driver is uninsured. This is especially true if you have Uninsured Motorist Coverage or Collision Insurance.
Another option is to sue the at-fault driver for restitution for the accident damages. However, this may not be the best legal choice to receive financial compensation, provided that the liable party wasn’t able to afford insurance coverage. In such a sense, they may be unable to afford the settlement.
Do I Have to Go to Trial?
Most cases end in a settlement with the insurance company through out-of-court proceedings. However, certain circumstances may trigger the need to proceed to trial, such as when the insurance provider dismisses your case.
Pursuing a personal injury lawsuit is expensive and time consuming for both sides, but it opens up opportunities for greater awards in court if you win. In a settlement situation, you may only get what’s allowed in the policy.
The decision to go to trial or not rests solely on you. We will advise you on the pros and cons of a trial for your case, but we will not force you to go to trial or settle. The power is always in your hands.
Do I Need a Car Accident Lawyer to Defend My Case?
Legally, you don’t need to hire a personal injury lawyer to file a claim against someone’s insurance, especially if it is a minor auto collision. However, you will get far less than you would like, or even need, for what you’ve suffered without the help of a personal injury attorney.
A competent and ethical Sacramento car accident lawyer will use their knowledge, experience, and resources to get you more than you would have received without their help, even after they take their fee out. Additionally, they will defend your case if you face specific obstacles along the way, such as insufficient evidence or a limited timeframe.
Our Sacramento Office
Why Hire Sacramento Car Accident Lawyers from Jacoby & Meyers?
Countless Sacramento law firms may offer their services to you if you want to pursue a car accident claim. However, we assure you that we provide better, more efficient legal processes to protect your rights. This is why we are called the best.
Our law firm established a streamlined legal procedure that ensures you comprehend your rights and obtain the rightful justice you deserve. Our legal team are committed to delivering the best service possible by:
- Keeping you informed: We will properly communicate every legal step in your case, ensuring you understand the process from beginning to end.
- Handling property damage: We will handle negotiations with insurance providers to cover any property damage and injuries resulting from the motor vehicle accident.
- Assisting with medical needs: We will continuously offer suitable medical treatments based on your doctor’s recommendations, ensuring you receive the care you need to recover.
- Providing additional support: We understand the stress that accidents may induce, so we assist with other needs, such as car-related issues, to reduce your worries.
- Protecting your legal rights: We will establish liability, determine the entire extent of damages, and fiercely defend your claim, guaranteeing your legal rights are protected at all times.
We at Jacoby & Meyers have been protecting the legal rights of auto accident victims by pursuing high settlements since 1976. We have recovered over $1,000,000,000 for our clients. Our track record speaks for itself:
- $19.0 MILLION from a rideshare passenger vs. auto or a quadriplegic accident case
- $17.5 MILLION from a bike vs. truck or a paraplegic accident case
- $13.0 MILLION from a wrongful death vs. city case
- $11.9 MILLION from a wrongful Death vs. truck accident case
To learn more about your legal options in a free consultation and case evaluation with a team member, contact us at 800-992-2222. Tell us your story and learn if you’re getting a fair deal on your settlement before you sign.
Call or text 888-522-6291 or complete a Free Case Evaluation form
