Roseville Car Accident Lawyers
Car accidents can take a significant toll on your financial and mental well-being. After a crash, you may not know that you can pursue a claim for compensation to cover your financial and other losses that result from the accident. Depending on the specific facts of your case, you may be able to seek compensation from the driver responsible for the crash.
At Cutter Law, our Roseville personal injury lawyers can help you better understand the possible legal options available in your case. We can also work with you to determine an adequate value to reflect what you need to recover from your injuries.
Roseville Car Accident Statistics
According to the most recent data available, there were 447 car accidents reported in Placer County during 2019. Of these accidents, there were:
- 6 fatalities
- 26 with severe injuries
- 157 with other injuries
- 258 with property damage only
Four of the six fatalities in Placer County occurred within Roseville. These fatal accidents involved ten people, including one pedestrian.
The Placer County report also explains the economic impact of accidents. The analysis includes wage and productivity losses, medical expenses, legal costs, and damages to motor vehicles. However, it fails to account for hidden costs such as increased insurance premiums, taxes, travel delays, excess fuel consumption, and the emotional impact of injuries and fatalities.
The cost for a single collision in 2019 was, on average:
- Fatal: $6,665,420
- Disabling Injury: $358,500
- Possible Injury: $74,500
- Property Damage Only: $12,200
The total cost for all car accidents in Placer County during 2019 was nearly $70 million.
Visibility and other problems at intersections were a significant area of concern in the report. Additionally, the report recommends increased law enforcement presence to target speeding at specific intersections, including:
- Douglas Blvd. & Barton Rd.
- Douglas Blvd. & Auburn Folsom Rd.
- Auburn Folsom Rd. & Eureka Rd.
- Bell Rd.
- Granite Bay & Dry Creek Neighborhoods.
Is California an at-fault state?
Yes. In California, you can recover compensation for your injuries directly from the person responsible for the accident or their insurance company. When another driver doesn’t use the caution required by California law, they are liable for any damage they cause.
Additionally, California is a “pure comparative negligence” state, allowing car accident victims to recover, even if they were more than half responsible for causing the crash. The difference between comparative negligence and contributory negligence is important:
- Under contributory negligence, an individual who bears partial responsibility for an accident cannot seek damages.
- Comparative negligence relaxes the restriction, allowing a partially at-fault driver to seek damages from the driver who is primarily at fault. The amount awarded is based on the percentage of fault.
The 1975 California Supreme Court ruling in Li v. Yellow Cab Co. led to the current comparative negligence policy. In California, if more than one person is responsible for an accident, they are only financially responsible for the percentage of their own fault for the crash, according to Cal. Civ. Code § 1431.2.
When should I file a car accident claim in Roseville?
There are specific time limits, known as the statute of limitations, to bringing a claim for compensation after a car accident in Roseville. Once the statute of limitations expires, you may be unable to seek compensation. You can find information on the time limits in two relevant pieces of the California Civil Code:
- Cal. Civ. Code § 338 gives car accident victims three years to file a claim in cases with property damage.
- Cal. Civ. Code § 335.1 gives car accident victims two years to file a claim in cases with bodily injury.
While there may be exceptions to the time limit that allow you to file a claim after the statute of limitations expires, you shouldn’t rely on this possibility. Your car accident attorney will be able to help you determine if you qualify.
Reasons to File a Roseville Car Accident Lawsuit
Regardless of the circumstances of your accident, if you suffered an injury, then you should contact us for help filing a car accident lawsuit. Even if you’re not sure whether you have a case, still give us a call. It’s often surprising how many people miss out on filing their case, forgoing the compensation they deserve.
That said, there are factors that contribute to the success rate of your Roseville car accident injury claim. For example, if your accident involved any of the following, then you have a higher-than-average chance of succeeding in a court of law (if you hire our attorneys, that is):
- Someone died (fatalities)
- Either party performed negligent actions which caused the accident
- Pedestrians, motorcyclists, or bicyclists were involved in the accident in any way
- More than one injury happened due to the accident
- Either party suffered one or more injuries
- Your accident involved public transportation of any kind
California Car Insurance Requirements
California has several laws regulating requirements for insurance coverage, both in terms of coverage that must be held by drivers and coverage that insurance providers must offer.
Drivers must have liability insurance to cover an injured party’s expenses in the case of an accident. California Vehicle Code, CVC § 16056 (a), regulates the minimum amount of insurance that an individual driver must carry:
- $15,000 for injury/death to one person
- $30,000 for injury/death to more than one person
- $5,000 for damage to property
California Insurance Code § 11580.1b sets forth the minimum coverage amounts and conditions that insurance companies operating in the state must provide when offering liability insurance. The policies must provide at least the minimum amount required of drivers. They must also explicitly state which categories of vehicles they cover and the conditions under which coverage is excluded.
What damages can I recover after a car accident in California?
California’s civil laws allow car accident victims to recover a range of damages if they are hurt in a crash, including:
These are compensation for your direct, out-of-pocket losses, such as:
- Medical bills
- Lost wages
- Loss of employment
- Loss of use of property
- Any other objectively verifiable monetary losses
These are compensation for less tangible, harder-to-quantify losses, such as:
- Pain and suffering
- Mental suffering
- Emotional distress
- Any other subjective, non-monetary losses
It’s important to note that Cal. Civ. Code § 3333.4 places limitations on damages in the following situations:
- The injured driver was operating a vehicle in violation of specific vehicle codes at the time of the accident and was then convicted of that offense.
- The injured driver did not have an insurance policy as required by the state’s financial responsibility laws.
- The injured driver cannot prove that they have financial responsibility as required by the state’s financial responsibility laws.
What if the at-fault driver doesn't have insurance?
At-fault drivers not having insurance is, unfortunately, not uncommon. The good news is that insurance companies must offer some coverage for uninsured or underinsured drivers under CIC § 11580.2. However, your specific policy might not include it unless you specifically select it.
Check with your insurance provider, and if you don’t have this type of coverage, the best thing to do is speak with an injury lawyer. They can review the facts of your case and help you determine what options you may have for recovery.
How to Prove Negligent Actions in a Court of Law
To prove negligent actions in a court of law, our car accident attorneys have to prove the following four things (in order):
- 1 – The Defendant Owed A Duty Of Care To The Plaintiff: Whenever you sit behind the wheel, you automatically take on a duty of care towards everyone else on the road. A duty of care is the legal term for a responsibility to uphold the laws and rules of the road to help ensure the safety of other people on the road.
- 2 – The Defendant Breached Their Duty Of Care: The second thing our attorneys must prove in car accident cases is that the defendant breached their duty of care. A few examples of actions that constitute a broken duty of care include drunk driving, speeding, and texting while driving.
- 3 – The Breach Of Care Caused The Accident: After our Roseville car accident lawyers prove that the defendant breached their duty of care, they must prove that the breached duty caused the accident or injury in question.
- 4 – The Damages Caused By The Accident Are Eligible For Compensation: Finally, our attorneys have to prove that the accident caused damages eligible for compensation.
How can Cutter Law P.C. help with my claim?
Many people are unaware that they’re eligible for compensation and miss out because they let the statute of limitation expire. Our attorneys can help Roseville car accident victims determine the best option for seeking compensation and working quickly to preserve the ability to file a claim.
We have helped several injury victims receive favorable outcomes on their cases, including:
- $1.895 million for an injured cyclist
- $678,000 for a pedestrian injured by a car
- $596,000 for an injured motorcyclist
To ensure you receive the maximum compensation possible, contact us today.
Reasons to hire our Roseville car accident law firm
Each attorney at Cutter Law P.C. has the education, experience, and courtroom reputation necessary to win in a court of law. We’ve won millions for our clients across our many areas of practice, and we’ve also received several awards for our courtroom prowess. In short, when you choose our firm, you choose the best chance you have at winning your case in court.
Besides our winning reputation, our attorneys also care deeply about each of our clients. We take the time to communicate every step of the process as clearly and simply as possible and make sure that our clients feel like they can trust us. Everyone at our Roseville car accident law firm understands that recovering from an injury while also facing difficult legal troubles is extremely difficult, and we do what we can to ease the situation. With our attorneys and staff, you’ll always feel welcome and well taken care of throughout the entire process.