Car accidents are devastating, both physically and emotionally. Fortunately, each of the Oakland car accident lawyers that work here at Cutter Law P.C. fully understands how overwhelming car accidents can be. That’s why we’ve committed ourselves to provide top-of-the-line legal representation for victims of car accidents and auto accident injuries.
Our attorneys handle everything from the initial filing of your claim to receiving the compensation you deserve. So, if you’ve suffered a car accident injury and need legal assistance, then don’t hesitate. Contact the Oakland car accident attorneys at Cutter Law P.C. to begin your no-obligation consultation today.
Should You File an Oakland Auto Accident Lawsuit?
In short, you should file an Oakland auto accident lawsuit if you and our attorneys feel you have a strong claim. But that begs the question: Do you have an Oakland car accident injury claim? Well, you likely have a claim if your accident involved one or more of the following factors:
- One or more injuries
- You’re unclear on who caused the accident
- Negligent actions, by either party, likely caused the accident
- The accident happened in a school, construction, or protected speed zone
- Pedestrians, motorcyclists, or bicyclists were involved
- One or both insurance companies involved aren’t cooperating with you
- The accident involved busses or other forms of public transportation
If your accident involved any of the factors mentioned above, then you likely have an Oakland car accident injury claim. However, even if you’re unsure whether or not your accident qualifies, we’d be more than happy to help you through this challenging process. Contact our attorneys for a no-obligation consultation.
What Qualifies as Reason to Contact an Auto Accident Lawyer in Oakland Under Car Accident Law?
From reckless driving to driving under the influence, there are several different reasons people hire an auto accident lawyer in Oakland. However, you can usually boil them down to two specific reasons:
- Negligent Actions Caused The Accident: If the negligent actions of another driver caused your car accident, then you likely have a claim. Contact our Oakland car accident attorneys for a no-obligation consultation as soon as you can!
- A Car Accident Caused Injuries: When a car accident causes injuries, then the person who suffered injuries may have a claim. If you suffered injuries due to a car accident at the fault of another driver, then contact our Oakland car accident lawyers for a no-obligation consultation immediately.
What are Negligent Actions in an Oakland Car Accident Injury Claim?
We mentioned negligent actions a few times earlier in this article, but most people are unaware of what they mean in a court of law. In short, negligent actions are any actions performed by a driver failing to exhibit “reasonable care” behind the wheel. To help clear things up a little further, we figured that examples of negligent actions would suffice. Negligent actions in an Oakland car accident injury claim include things like:
- Driving under the influence of drugs or alcohol
- Reckless driving
- Distracted driving
- Exceeding posted speed limits
- Running red lights or stop signs
How Does a Car Crash Attorney in Oakland Prove Negligent Action?
For an auto accident lawyer in Oakland to prove negligent actions in a car accident lawsuit, the plaintiff must show, beyond a shadow of a doubt, the following four things:
- 1: The Defendant Owed The Plaintiff A Duty Of Care – When you get behind the wheel, you automatically assume a “duty of care” towards every other driver, pedestrian, passenger, or another vehicle on the road. For example, if a pothole or roadway defect caused your accident, then the party in charge of pothole maintenance owed you a duty of care. The very first thing that a car crash attorney in Oakland must prove in car accident cases is that the defendant owed the plaintiff a “duty of care.”
- 2: The Defendant Breached (Failed) Their Duty Of Care – The cornerstone of personal injury and car accident law is the breach of duty of care. In an Oakland car accident injury claim, the plaintiff’s lawyer must prove that the defendant breached their duty of care to the plaintiff.
- 3: The Defendant’s Breach Of Care Caused The Accident – Once the plaintiff’s attorney establishes the defendant’s duty and breach of care, they must prove that the breach of care caused the accident.
- 4: Damages Caused By The Accident Are Eligible For Compensation – The last thing that your car crash attorney in Oakland must prove in a court of law is that the damages caused by the accident are eligible for compensation. After all, if your damages don’t require compensation, then there is little to no point in filing a claim in the first place.
Why Hire Our Oakland Car Accident Law Firm?
Our Oakland car accident law firm knows what it takes to win cases for our clients. Each of our attorneys is well-educated, trained, and experienced in car accident law. Moreover, they’re always here to represent you in a court of law.
Our Oakland car accident lawyers fight aggressively for you. We understand how stressful your Oakland car accident injury claim can be. That’s why we do everything in our power to make the process as easy as possible for you.
We’ve won hundreds of millions of dollars for our clients across our areas of practice. Some of our successful cases include:
- $1.895 Million – Jury Verdict – Cyclist – Attorneys Celine Cutter and Todd Walburg
- $678,000 – Verdict – Pedestrian Injured By A Car – Attorney John Roussas
- $596,000 – Jury Verdict – Injured Motorist – Attorney John R. Parker
Is There a Statute of Limitations on Oakland Car Accident Injury Claims?
As with other areas of law, there is a statute of limitations on Oakland car accident injury claims. California Code of Civil Procedures Section 3351 states that the statute of limitations for car accident claims is two years from the date of the accident. That means that you have no more than two years to file an Oakland car accident injury claim after the date of your accident. So, if you’ve suffered injuries due to a car accident, then don’t hesitate. Contact us for a no-obligation consultation right away.
There is a Different Statute of Limitations for an Oakland Auto Accident Lawsuit Against a Public Entity
Unfortunately, the statute of limitations mentioned above only applies to accidents with other private citizens and corporations. If your accident was with a public entity, then the statute of limitations for filing your Oakland auto accident lawsuit is six months after the date of the accident.
So, it’s clear that you only get six months to file a claim against a public entity. But, that begs the question: what is a public entity in an Oakland auto accident lawsuit? Well, a public entity is any government agency, including:
- Local and state government
- Public schools and hospitals
- Government agencies and employees
- Departments and organizations of the government (park rangers and others)
What are the Most Common Causes of Car Accidents in Oakland?
Car accidents are inordinately common in the Oakland area. But, that begs the question: what causes all these accidents? Well, generally, the most common causes of car accidents throughout the Oakland area include:
- Reckless driving
- Excessive speeding
- Driving under the influence of drugs or alcohol
- Distracted driving (cell phone calls, texting, radio adjustments, eating, etc.)
- Road hazards
- Night driving
- Driving in adverse weather conditions like rain or fog
Oakland Car Accident Statistics
In Oakland in 2017, there were 25 fatal motor vehicle accidents. In those car accidents:
- 28 people died
- 44 vehicles were involved
- 67 people were involved
- 8 accidents involved at least one drunk person
- 8 pedestrians were involved
It is in the insurance company’s best interests to offer you only a fraction of the amount you are entitled to following a car accident. You may feel pressure to accept their first offer, but you do not have to.
Before you sign any documents with an insurance company, it is vital that you fully understand your rights, or you may not receive the full amount you are entitled to for your auto accident injuries and you will not be able to file a lawsuit or request additional compensation later.
In 2016, there were more than 33,000 motor vehicle accidents in the Bay Area that resulted in fatalities or injuries.
Oakland Area Collisions, Injuries, and Fatalities
Contact The Go-To Oakland Car Accident Law Firm – Cutter Law P.C.
Cutter Law P.C. would like to be your go-to Oakland car accident law firm. Each of the Oakland car accident lawyers at our firm has the experience and education to handle your case. Our firm has won millions for our clients, and we aggressively fight for your rights in a court of law. Our firm has an Avvo Rating of 10.0, we’re members of the American Association for Justice Leaders Forum, we’re Better Business Bureau accredited, and we’ve even received the 2019 Super Lawyers Award. So, if you would like to file an Oakland auto accident lawsuit, then you’ve come to the right firm. Contact Cutter Law P.C. for a no-obligation consultation today!