Rocklin Car Accident Attorneys

As a victim harmed by another’s negligence, you have the right to take legal action against the at-fault party. Whether it be a careless driver who violated traffic laws, a commercial trucking company that failed to adhere by safety regulations, or a product manufacturer that released defective and unsafe auto products onto the market, your rights ensure you have the opportunity to hold the at-fault party accountable. Because cases can vary in terms of the unique circumstances involved, there are a few general elements that must be established in any auto accident case. These include:

• A Legal Duty – As a victim, any claim or lawsuit you file in your car accident case must establish that the defendant owed you a duty of care. For most car accident cases, this duty exists when any driver gets behind the wheel, as the law requires them to take reasonable steps in safely operating their motor vehicle. Commercial trucking operators, as well as product manufacturers, also have legal obligations to abide by applicable safety laws and regulations, and take steps that reduce risks of innocent victims suffering preventable harm.
• Breach of Duty – Proving a defendant’s failure to uphold their legal duty is vital to a car accident case. As this failure typically arises from negligence, it is critical to provide evidence and arguments that clearly show how a breach of duty occurred. This can range from a motorist who fails to uphold their obligation of safely operating a vehicle by driving drunk or distracted, or a commercial carrier that overloads its truck in violation of federal laws.
• Causation – You must prove how a breach of duty more likely than not resulted in your accident and injuries, a point that requires meticulous investigation and clear and convincing arguments. For example, a drunk driver would more than likely cause an accident due to the effect intoxication has on their ability to safely drive, as would a cargo violation when fallen cargo or overloaded trucks cause preventable crashes. Proving causation is a case-by-case matter, which is why our car accident lawyers in Rocklin focus on personal attention and tailored representation.
• Damages – You must demonstrate how a preventable accident caused you to suffer losses that could and should have been prevented. These can include economic damages associated with your injuries, such as lost income caused by time away from work and medical expenses. Damages can also include non-economic injuries such as pain and suffering, emotional or mental anguish, and loss of quality or enjoyment of life. Damages are different in every case, but a full recovery is always essential to ensuring victims have the means to cover their past and future losses.

California's law (known as the "statute of limitations") requires car accident victims to file their personal injury claim within 2 years of the date of your accident. If you are only filing a claim for property damage, you have up to 3 years following the date of your accident. If you fail to file your lawsuit in time, your case will most likely be dismissed by the court.

The exact amount of your settlement will depend primarily on how severe your injuries were. The more severe an injury (especially injuries that never fully heal) the higher your settlement amount will mostly likely be. In general, most car accident settlements will attempt to provide compensation for the following:

• Medical expenses
• Pain and suffering
• Loss of income
• Damaged property

In most cases, you want to wait until you have reached maximum medical improvement before giving a settlement amount, this way you can ensure that your settlement will cover all damages, even injuries that may take a little longer to present themselves.