Burbank Collision Lawyer & Attorney

Vehicle collisions can be life-altering, leading to physical injuries, emotional distress, and significant financial burdens. In a busy city like Burbank, where traffic is often heavy and congestion is common, the risk of accidents increases. Whether it’s a minor fender-bender or a major multi-vehicle crash, the aftermath of a collision can be overwhelming. Having an experienced collision lawyer by your side is crucial for navigating the legal process and securing the compensation you need to recover.

Collision Law in California

Under California law, a vehicle collision occurs when one or more motor vehicles come into contact with each other, or with other objects or pedestrians, leading to property damage, injury, or death. These collisions can range from minor fender-benders to serious crashes involving multiple vehicles and significant injuries. Regardless of the severity, California law mandates that drivers involved in a collision stop, exchange information, and report the incident if there are injuries, fatalities, or significant property damage.

The legal definition also includes various types of collisions:

• Rear-End Collisions: Typically happen when one vehicle follows another too closely and crashes into its rear.
• Side-Impact (T-Bone) Collisions: Occur when the front of one vehicle strikes the side of another, often at intersections.
• Head-On Collisions: Involve two vehicles crashing into each other front-to-front, usually resulting in severe injuries.
• Multi-Vehicle Collisions: These accidents involve several vehicles and can be more complex in terms of determining liability.

Fault vs. No-Fault System

California operates under a fault-based system for car accidents, meaning that the party who caused the collision is held legally responsible for damages. This is in contrast to no-fault states, where each driver’s insurance covers their own damages, regardless of who caused the accident. In California’s fault system, determining liability is crucial to the success of your claim.

California’s Fault-Based System for Car Accidents

In a fault-based system, the driver who is found responsible for the collision must pay for the damages caused by the accident. This is typically done through their insurance provider. The following options are available for injured parties to recover compensation:

1. File a Claim with the At-Fault Driver’s Insurance: The most common route is to file a third-party claim with the at-fault driver’s insurance company. This claim seeks compensation for medical bills, property damage, lost wages, and other accident-related expenses.
2. File a Claim with Your Own Insurance: In some cases, you may choose to file a claim with your own insurance company, especially if the at-fault driver is uninsured or underinsured. Your insurance company may then seek reimbursement from the at-fault driver’s insurer.
3. File a Lawsuit: If insurance negotiations don’t result in a fair settlement, you may file a personal injury lawsuit against the at-fault driver, pursuing compensation through the court system.

Importance of Determining Fault in Collision Claims

Establishing fault is critical in a collision claim because it determines who is responsible for covering the damages. To prove fault, evidence is collected from various sources, including:

• Police Reports: After a collision, law enforcement typically arrives at the scene to document the incident and may assign fault based on their findings. A police report can provide an objective account of the collision, helping to establish who was at fault.
• Witness Statements: Eyewitnesses who saw the accident can provide valuable testimony that may clarify how the collision occurred and which driver was responsible.
• Accident Reconstruction Experts: In more complex cases, expert witnesses may be called upon to reconstruct the events leading up to the collision, using evidence like skid marks, vehicle damage, and road conditions.
• Video Evidence: Traffic cameras, dashcams, or surveillance footage from nearby businesses may capture the accident and serve as compelling evidence in determining fault.

In California, fault can also be comparative, meaning more than one driver can share responsibility for the accident. Under the comparative negligence rule, each party involved in the accident is assigned a percentage of fault, and the compensation they receive is reduced accordingly. For example, if you are found to be 20% at fault for the accident, and your total damages are $100,000, you would be entitled to 80% of that amount, or $80,000. This system ensures that even if you are partially at fault, you can still recover compensation for your injuries.

Steps to Take After a Collision

Seek Medical Attention

The first and most important step after any collision is to seek medical attention, even if you believe your injuries are minor. Some injuries, such as whiplash, internal bleeding, or concussions, may not present symptoms immediately but can worsen over time.

Importance of Prompt Medical Evaluation and Treatment

• Protecting Your Health: Immediate medical evaluation ensures that any injuries are properly diagnosed and treated, preventing further complications. A medical professional can assess both visible injuries and underlying conditions that may not be apparent right away.
• Documenting Your Injuries: Medical records are crucial pieces of evidence in a collision case. They provide an official account of your injuries and link them directly to the accident. Without medical documentation, it may be difficult to prove the extent of your injuries and the impact they have had on your life.
• Supporting Your Legal Claim: Delaying medical treatment can not only jeopardize your health but also weaken your legal claim. Insurance companies may argue that your injuries are unrelated to the accident or not as severe as you claim if there is a gap between the time of the accident and your medical treatment.

Report the Accident

After addressing any immediate medical concerns, you should report the collision to the appropriate authorities and your insurance company.

How to Report the Accident to Authorities and Insurance Companies

• Contact Law Enforcement: In California, you are required to report a collision to the police if the accident results in injuries, death, or significant property damage. The police will investigate the scene and file an official report, which is a valuable piece of evidence in determining fault and documenting the details of the crash.
  • Obtain a copy of the police report for your records and ensure it accurately reflects the events of the accident.
• Notify Your Insurance Company: Regardless of fault, you should inform your insurance company about the collision as soon as possible. Most insurance policies require prompt notification after an accident, and failing to report it in a timely manner could affect your coverage.
  • Be honest and factual when discussing the accident with your insurance company, but avoid making statements about fault until all facts have been reviewed.

Document the Scene

Collecting evidence at the scene of the accident is vital for supporting your claim and establishing liability.

Collecting Evidence and Information at the Accident Site

• Take Photographs and Videos: Use your phone to capture images of the accident scene, including damage to all vehicles, skid marks, road conditions, weather conditions, traffic signs, and any other relevant details. Photographic evidence can provide an objective account of the conditions that led to the collision.
• Exchange Information with the Other Driver(s): Collect the other driver’s name, contact information, driver’s license number, insurance details, and vehicle registration. Make sure to also note the make, model, and license plate number of the vehicles involved.
• Talk to Witnesses: If there were any witnesses to the accident, ask for their contact information and request that they provide a statement about what they saw. Witnesses can offer valuable third-party perspectives that may help clarify how the accident occurred.
• Document Your Own Experience: As soon as you are able, write down your recollection of the events leading up to and following the collision. Include details such as the time, date, location, and what you were doing immediately before the accident. This information will be helpful when filing your claim or discussing your case with a lawyer.

Contact a Collision Lawyer

Once you have taken the immediate steps to ensure your health and document the accident, it’s important to contact an experienced collision lawyer. The earlier you involve a lawyer in the process, the better your chances of receiving fair compensation.

Importance of Reaching Out to a Lawyer Promptly for Legal Guidance

• Legal Advice: A collision lawyer will provide you with essential legal advice regarding your rights and options. They will help you understand the complexities of the law and guide you through each step of the legal process, from dealing with insurance companies to filing a lawsuit if necessary.
• Preservation of Evidence: Lawyers can take steps to preserve key evidence that may be lost or destroyed over time, such as surveillance footage or data from vehicle event data recorders (EDRs). They will also ensure that all evidence collected at the scene is properly documented and used to build a strong case.
• Dealing with Insurance Companies: Insurance adjusters often seek to minimize payouts by offering low settlements or questioning the extent of your injuries. A collision lawyer will negotiate on your behalf, ensuring that the settlement reflects the true costs of your medical bills, lost wages, and other damages.
• Protecting Your Interests: The insurance companies representing the other driver may attempt to shift the blame or dispute the details of the collision. An experienced lawyer will defend your rights and fight to hold the responsible parties accountable.

Compensation in Collision Cases

Economic Damages

Economic damages are intended to compensate victims for the tangible, quantifiable financial losses resulting from the collision. These damages are based on actual expenses and are typically easier to calculate than non-economic damages.

Medical Expenses (Current and Future)

Medical expenses are often the largest component of economic damages in a collision case. These damages cover all costs associated with treating the injuries caused by the accident:

• Current Medical Expenses: This includes emergency room visits, surgeries, hospital stays, doctor consultations, physical therapy, prescription medications, and any other immediate medical care required after the collision.
• Future Medical Expenses: In cases where the injuries are long-lasting or permanent, victims may also be entitled to compensation for future medical treatment. This could include ongoing physical therapy, future surgeries, home healthcare, or medical devices like wheelchairs or prosthetics.

Lost Wages and Loss of Earning Capacity

A collision may prevent a victim from working, either temporarily or permanently, leading to significant financial hardship. Economic damages in this category include:

• Lost Wages: Compensation for the income lost during the recovery period, including missed paychecks, sick leave, vacation time, and bonuses.
• Loss of Earning Capacity: If the victim’s injuries result in a long-term or permanent disability that prevents them from returning to their previous occupation or significantly reduces their ability to earn income, they may be entitled to compensation for the loss of earning capacity. This calculation typically involves expert testimony to estimate the financial impact over time.

Vehicle Repair or Replacement Costs

Vehicle collisions often result in substantial damage to the vehicles involved. Economic damages may cover:

• Repair Costs: The cost to repair the damage done to the victim’s vehicle. This may include parts, labor, and any associated costs.
• Replacement Costs: If the vehicle is totaled and cannot be repaired, the victim may be compensated for the fair market value of the vehicle at the time of the accident, allowing them to purchase a replacement.

Non-Economic Damages

Non-economic damages compensate victims for the intangible losses they suffer as a result of the collision. These losses do not have a direct financial cost but can have a significant impact on a victim’s quality of life.

Pain and Suffering

Pain and suffering refer to the physical pain and emotional distress experienced by the victim due to the injuries sustained in the collision. Compensation for pain and suffering covers:

• Physical Pain: The actual physical discomfort and pain resulting from the injuries, both during recovery and potentially for the rest of the victim’s life.
• Chronic Pain: In cases where injuries lead to long-term or permanent pain, victims may receive additional compensation for the ongoing discomfort they endure.

Emotional Distress

Emotional distress addresses the psychological impact of the collision, which can be just as debilitating as physical injuries. Victims may experience anxiety, depression, or post-traumatic stress disorder (PTSD) following the accident. Compensation for emotional distress is intended to address the mental health challenges caused by the trauma of the accident.

Loss of Enjoyment of Life

Severe injuries can prevent victims from engaging in activities they once enjoyed, such as hobbies, sports, or spending time with family and friends. Loss of enjoyment of life compensates victims for the diminished quality of life they experience as a result of their injuries.

Punitive Damages

In certain cases, victims may be entitled to punitive damages. Unlike economic and non-economic damages, which are intended to compensate the victim, punitive damages are designed to punish the at-fault party for particularly egregious behavior and to deter similar conduct in the future.

Punitive damages are only awarded in cases where the at-fault party’s actions are deemed grossly negligent, reckless, or intentionally harmful. Examples of situations where punitive damages might apply include:

• Drunk Driving: If the at-fault driver was under the influence of alcohol or drugs at the time of the collision, their reckless behavior could warrant punitive damages.
• Intentional Misconduct: If the at-fault party’s actions were intentional or malicious, such as deliberately causing an accident or engaging in road rage, punitive damages may be awarded.
• Gross Negligence: In cases where the at-fault party showed a blatant disregard for the safety of others, such as speeding excessively or ignoring traffic signals, punitive damages may be considered.

Contact Drake Law Firm Today

Dealing with the aftermath of a vehicle collision can be overwhelming, especially when you're facing medical bills, lost wages, and the stress of recovery. At Drake Law Firm, we understand the challenges collision victims face and are dedicated to providing the legal support you need to secure the compensation you deserve. Our experienced team of collision lawyers is ready to guide you through the complexities of your case, from investigating the accident to negotiating with insurance companies and, if necessary, representing you in court.

If you or a loved one has been involved in a vehicle collision in Burbank, don’t hesitate to reach out to Drake Law Firm for a free consultation. We are committed to fighting for your rights and ensuring that you receive the maximum compensation for your injuries, damages, and losses. Let us handle the legal aspects of your case so you can focus on your recovery.

Contact Information

• Los Angeles Office: 19935 Ventura Blvd, 3rd Floor, Woodland Hills, CA 91364
• Phone: 1-844-513-7253
• Website: www.drakelawgroup.com