Fighting for Victims of Negligence
In 2018 alone, the National Highway Traffic Safety Administration (NHTSA) reports that more than 36,000 people were killed in car accidents across the country, with thousands more sustaining serious injuries. Because California is one of the most populous – and densely-populated – states, there are more car accident injuries and fatalities here than in any other state in the country.
If you or your loved ones have been hurt because another driver was negligent or distracted, our car accident attorneys in Campbell can help you pursue justice.
While you may be able to file an insurance claim, insurer settlements are rarely enough to account for the most catastrophic and life-altering injuries – and insurance companies are also reluctant to pay what a case is truly worth.
With over 85 years of experience, our legal team at Caputo & Van Der Walde will fight for the true value of your claim. Our auto accident lawyers have recovered millions for crash victims in Campbell, San Jose, and throughout the Bay Area.
Some of our most notable cases include:
What Causes Car Accidents?
From texting behind the wheel to driving while intoxicated, there are many ways that drivers can fail to consider your health and safety on the road. When another driver has violated their “duty of care” to obey traffic laws and protect other drivers, you may be entitled to bring a personal injury lawsuit against that individual and any other parties involved. In some rare cases, you may also have a product liability case against the auto manufacturer for vehicle defects, or against a government or municipal entity for failing to maintain the roads.
Common causes of auto accidents include:
- Failing to signal a merge in time
- Lack of visibility for road signs
- Driving under the influence of drugs and alcohol
- Driver fatigue
- Texting and other distractions
- Defective auto parts, including tires and brakes
- Poorly-maintained roads and highways
When Do I Have a Car Accident Claim?
Because California is a “fault” or “tort” state when it comes to car accidents, you will need evidence that the other driver was at-fault for the accident before you can file a claim. Under the rule of comparative negligence, however, California drivers can still recover damages even if they were partially responsible for their accident: The final award will just be reduced based on their percentage of fault.
For example, if you are ruled 10% responsible for a crash with a drunk driver, you could still receive up to 90% of the requested compensation.
California also requires all drivers to carry car insurance, so your first step after an accident will usually be to file with the insurance provider of the at-fault driver. From there, an attorney can help you investigate the accident, negotiate with the insurance company, and file a lawsuit if you are unable to obtain a fair settlement.
Possible damages you may recover include:
- Past medical expenses
- Ongoing medical treatment and care
- Past and future lost income, as well as bonuses and benefits
- Lost earning capacity
- Home modifications and long-term care assistance for disabilities
- Physical and emotional pain and suffering (non-economic damages)
- Property damage
For a more customized case strategy, it’s important to speak with a Campbell car accident lawyer who is familiar with the laws in your state. When you work with Caputo & Van Der Walde, we’ll help you explore all possible avenues for legal recovery after a serious car crash.
Ready to get started with a free consultation? Just call us at (800) 900-0863 today.