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Accident Lawyer in Burbank

Many of us have experienced minor car accidents, often involving nothing more than an exchange of insurance information and minor repairs. However, some car accidents can be much more severe, requiring immediate medical attention for potentially life-threatening injuries.

Accidents happen for various reasons, and sometimes, no one is entirely at fault. However, if the accident was caused by a driver’s negligence, the victims have the right to seek legal compensation. A skilled Burbank car accident lawyer can review the details of your accident and inform you of your rights. At the Heidari Law Group, P.C., we are dedicated to representing accident victims and their families in claims against negligent drivers and insurance companies.

What You Need to Know About Filing a Personal Injury Claim After a Car Accident

California operates as an at-fault state for auto accidents. This means that if a driver’s negligence caused an accident, that driver—and their insurance company—are responsible for compensating the victims for their damages.

Negligence occurs when a driver violates the legal duty of care they owe to others on the road. For example, if a driver causes an accident by breaking a traffic law, such as speeding or running a red light, it is considered negligence per se. Other forms of negligence include distracted driving or driving under the influence of alcohol or drugs. Importantly, negligence doesn’t require intentional misconduct; an accident victim only needs to prove that the negligent driver acted recklessly or carelessly.

Damages are the compensation an accident victim can recover as a result of the negligent driver’s actions. Even if the driver’s fault is proven, victims must still show that they suffered measurable losses.

California law divides damages into two categories:

  • Economic Damages: These cover tangible losses, such as medical bills, vehicle repairs, and lost wages due to missed work following the accident.
  • Non-Economic Damages: These refer to more subjective losses, including pain and suffering, emotional distress, and loss of enjoyment of life due to injuries from the accident.

In rare circumstances, a California court may award punitive damages if the defendant’s actions were especially reckless or demonstrated a “willful and conscious disregard” for the safety of others. These damages are intended to punish the wrongdoer and deter similar behavior in the future.

If you’ve been involved in a car accident in Burbank, having an experienced attorney on your side is essential to ensure you receive the compensation you deserve.

Common Causes of Car Accidents in Burbank

Car accidents in Burbank can happen for various reasons, with some of the most common causes including:

  • Distracted Driving: This involves activities like texting, eating, or anything that diverts attention from the road.
  • Speeding: Driving over the speed limit or too fast for current road conditions increases the risk of accidents.
  • Driving Under the Influence: Operating a vehicle while impaired by alcohol or drugs is a leading cause of accidents.
  • Reckless Driving: Aggressive behaviors such as tailgating, weaving in and out of traffic, or ignoring traffic signals can lead to dangerous situations.
  • Weather Conditions: Adverse conditions like rain, fog, or slippery roads can make driving more hazardous.
  • Running Red Lights and Stop Signs: Failing to obey traffic signals often results in severe accidents.
  • Fatigue: Driving while drowsy can reduce reaction times and increase the likelihood of a crash.
  • Mechanical Failures: Problems with brakes, tires, or other vehicle parts can cause a driver to lose control.
  • Road Conditions: Potholes, uneven surfaces, and poorly maintained roads can also contribute to accidents.
  • Inexperienced Drivers: Drivers with less experience may make errors or misjudgments that lead to accidents.

Who Are the Defendants in a Burbank Car Accident?

In a Burbank car accident, several parties could potentially be held liable, depending on the circumstances:

  • Other Drivers: The most common defendants are other drivers involved in the crash.
  • Vehicle Owners: If the driver isn’t the owner, the vehicle’s owner could be liable if they allowed the driver to use the car.
  • Employers: If the at-fault driver was working at the time of the accident, their employer might be liable.
  • Vehicle Manufacturers: If a defective vehicle part caused or contributed to the accident, the manufacturer could be held responsible.
  • Government Entities: Poor road conditions, lack of proper signage, or maintenance failures could lead to liability for city or state agencies.
  • Repair Shops: Faulty repairs or maintenance work that contributed to the accident could make the repair shop liable.
  • Pedestrians or Cyclists: In some cases, pedestrians or cyclists who act negligently may be named as defendants if their actions contributed to the accident.

What Compensation Can You Receive After a Burbank Car Accident?

If you’re involved in a car accident in Burbank, you may be entitled to several types of compensation, including:

  • Medical Expenses: This covers hospital bills, surgeries, rehabilitation, and any ongoing medical care required as a result of the accident.
  • Lost Wages: If you’re unable to work due to your injuries, you may be reimbursed for lost income.
  • Loss of Earning Capacity: If the accident causes a long-term or permanent disability, you may be compensated for reduced future earning potential.
  • Property Damage: Compensation for vehicle repairs or the replacement of personal items damaged in the accident.
  • Pain and Suffering: Monetary compensation for the physical pain and emotional distress caused by the accident.
  • Loss of Consortium: Compensation for family members who have lost companionship or care due to your injuries.
  • Punitive Damages: If the at-fault party’s actions were especially reckless, punitive damages might be awarded to punish them and deter future misconduct.

The amount and types of compensation you can receive will depend on the severity of your injuries, the extent of property damage, and the impact on your life.

California Is a Pure Comparative Fault State

Many people wonder if they can still recover compensation after a car accident if they were partly at fault. In California, the answer is yes. The state follows a pure comparative fault system, meaning that even if you’re found to be 99% at fault for the accident, you can still recover 1% of your damages from the other negligent party. Your compensation will be reduced by the percentage of fault assigned to you. For example, if you’re awarded $100,000 but found to be 30% responsible, you would receive $70,000.

Impact of Legal Representation on Compensation

Having skilled legal representation can significantly influence the outcome of your car accident claim. Attorneys are experts at negotiating with insurance companies, gathering evidence, and presenting a strong case. They often secure higher settlements because they understand how to argue for non-economic damages, such as pain and suffering, and are well-versed in the complexities of accident law. In cases involving severe injuries or wrongful death, experienced legal guidance is critical to ensure that you receive the maximum compensation available.

Comparative Fault in Multi-Vehicle Accidents in Burbank

In multi-vehicle accidents, California’s pure comparative fault rule plays a critical role. When multiple parties are involved, determining fault requires an in-depth investigation, often with input from experts. The degree of fault for each party is assessed, and their compensation is adjusted accordingly. This ensures that all responsible parties pay their fair share of the damages based on their level of fault. Even if a plaintiff is partly responsible for the accident, they can still recover a portion of their damages. This approach ensures a fair and balanced resolution in complex, multi-vehicle accidents in Burbank.

Frequently Asked Questions

What types of damages can vehicle accident victims in Burbank claim?

In California, accident victims can seek compensation for several types of damages, including:

  • Economic Damages: These cover concrete expenses such as medical bills, vehicle repairs, and lost wages.
  • Non-Economic Damages: This includes compensation for pain, suffering, emotional distress, and loss of quality of life.
  • Punitive Damages: In cases where the defendant’s behavior was particularly reckless or harmful, punitive damages may be awarded to punish the wrongdoer and prevent similar actions in the future.

How does California’s pure comparative fault rule affect damage recovery in auto accidents?

Under California’s pure comparative fault rule, an injured party can still recover compensation even if they are largely responsible for the accident, up to 99%. However, their compensation is reduced by their percentage of fault. For example, if you are awarded $100,000 in damages but found 30% at fault, you would receive $70,000 (70% of the total damages).

What is considered negligence in a car accident case in California?

In Burbank, negligence in a car accident occurs when a driver fails to exercise reasonable care on the road, causing harm. This may include actions such as speeding, running traffic signals, driving while distracted, or under the influence. Proving negligence requires demonstrating that this breach of duty directly led to the accident and resulting damages.

What should you do after a car accident in Burbank to pursue a personal injury claim?

After a car accident in Burbank, you should:

  1. Seek immediate medical care for any injuries.
  2. Collect evidence at the scene, such as photos and witness statements.
  3. Contact a skilled car accident attorney in Burbank to guide you through the claims process.
  4. Keep track of all accident-related expenses and impacts on your daily life, which can support your claim.

Can a plaintiff recover damages for minor car accidents in Burbank?

Yes, even if the injuries or damages seem minor, you can still recover compensation if you can prove another party’s negligence caused the accident. This may include vehicle repairs, medical bills, or emotional distress.

What are typical settlement amounts for motorcycle accident personal injury cases in Burbank?

Settlement amounts for motorcycle accidents can vary significantly depending on the severity of the injuries. In cases involving serious injuries, such as brain trauma, settlements can reach millions of dollars. For example, some cases handled by experienced attorneys have resulted in settlements of up to $2 million.

How does a car accident attorney in Burbank help in dealing with insurance companies?

A car accident attorney can be an essential ally when negotiating with insurance companies. They can ensure that your rights are protected, negotiate for a fair settlement, and take your case to court if necessary to maximize compensation.

What factors impact compensation in a ride-share accident?

Compensation in a ride-share accident depends on:

  • The severity of the injuries.
  • The degree of fault.
  • Medical costs and lost wages.
  • The insurance coverage of the ride-share company and involved drivers.

How do truck accidents differ from typical car accidents in terms of legal claims?

Truck accidents tend to result in more severe injuries, often involving multiple parties such as the driver, the trucking company, and contractors. These factors make truck accident claims more complex, especially when determining liability and insurance coverage.

How does evidence of distracted driving influence a car accident lawsuit in Burbank?

If there is evidence that a driver was distracted, such as texting or using their phone, this can strongly support a negligence claim in a car accident lawsuit. It establishes a clear breach of the duty of care, often leading to a more favorable outcome for the plaintiff.

Contact a Burbank Car Accident Lawyer Today

After a car accident, it can be tempting to rely on the other driver’s insurance to cover your losses. However, the process can become complicated, and you may not receive the full compensation you deserve. A skilled Burbank car accident attorney can help protect your rights and guide you through the legal process. For legal advice or representation, reach out to the Heidari Law Group, P.C., today to schedule a consultation in English or Spanish.