In October, a head-on collision in San Bernardino County left one of the vehicles dangling over a canal. Both of the occupants were transported to a local trauma center for medical treatment. Car accidents like these happen every day, and when they result in serious injuries, those who are hurt due to the negligence of another person or party are entitled to compensation.
Recovering compensation from a San Bernardino car accident is not always easy. It is very rare that the responsible party will admit fault and write a check to fully cover your damages. Most often, you will need to file an injury claim with their insurance company, and you will need to show the insurance company that you deserve to be compensated for your losses.
Building a successful car accident claim requires you to prove four basic elements:
- Duty of care owed. The first thing you need to show is that the party that caused your injury owed you a duty of care. When it comes to auto accidents, establishing a duty is pretty clear. All motorists have a duty to operate their vehicles safely and carefully, follow all traffic laws, and take reasonable steps to avoid injuring others.
- Breach of duty of care. The second element that needs to be proven is that the at-fault party breached their duty of care. A number of different actions may constitute a breach, such as speeding, running a stop sign or red light, driving while intoxicated, texting while driving, and other forms of careless or reckless driving. This is based on the standard of reasonableness. In other words, the liable party knew (or should have known) that their negligent actions posed a hazard to themselves and others on the road.
- A causal link between the breach of duty and your injuries. Third, you need to show that the defendant’s breach was the direct cause of your injuries. With a car accident, this link exists if the defendant is at fault for the accident and the accident caused your injuries, both of which you will need to prove.
- Proof that your injuries resulted in compensable losses. Once you have shown that the defendant owed you a duty of care, breached that duty, and caused your injuries (as a result of their breach), the final step is to demonstrate the extent of your injuries and the losses that you have sustained. These may include direct economic losses such as medical bills, lost wages, and lost earning capacity, as well as noneconomic losses such as pain and suffering, emotional trauma, and diminished quality of life.
It is important to understand that the insurance company for the responsible party is not going to be of much assistance in helping you build a strong car accident claim. Quite the contrary. Their goal is to mitigate their losses by paying you as little as possible for your injuries. As such, their interests are not aligned with yours.
A situation like this requires you to take proactive steps to protect your legal rights and build a solid case. Here are some useful tips to help you accomplish this:
1. Preserve as Much Evidence as Possible
While you are at the accident scene and shortly thereafter, it is important to gather as much evidence as you can to help prove your case. Examples include:
- Photos of the accident scene. Take photos from as many angles as possible to show how the crash occurred and the injuries you suffered. Don’t forget to capture any video camera footage that may be available as well.
- Statements from witnesses who saw what happened. Try to secure the witness statements while they are at the scene and everything is fresh in their minds.
- The police report. Do not rely solely on the report prepared by law enforcement, create your own supplemental report about what happened as well. After the police report is available, review their report and try to correct any inaccuracies that may appear in it.
2. Follow-Through On and Document All of Your Medical Treatment
The most important evidence that shows the losses you suffered will be your medical documentation. So, to build a strong car accident claim, you need to start by getting prompt medical attention. Next, be sure to keep all of your appointments, follow through on all of the recommended treatments from health professionals, and document everything.
3. Follow Your Doctor’s Orders
Related to the last point, be sure to follow all of your doctor’s recommendations. In particular, avoid the temptation to go back to work before you are medically cleared to do so, and do not engage in other physically strenuous activities until your doctor says it is okay. Doing these things could cause a setback in your recovery, and it might also give the insurance company a rationale to deny your claim or pay you less based on their belief that you are not doing your part toward successfully recovering from your injuries.
4. Keep an Accident Injury Journal
This may seem like unneeded extra work, but it is well worth the effort. It is highly recommended that you keep a daily journal following your accident and throughout your recovery. Note each day how you are feeling and how your injury is impacting your life. Documenting these details will be very helpful in showing the pain you are experiencing and other intangible losses that you have suffered.
5. Document Your Lost Earnings
Do not forget to document your lost wages for the days that you have missed from work. If you have an employer, they should be able to provide you with this information. If you are self-employed, you may need to estimate these numbers based on bank statements, statements from your accountant, and similar info.
6. Work With a Seasoned Car Accidents Attorney Near You
If you have been involved in a San Bernardino County car accident, you are not required to retain an attorney, but it is a good idea to do so. As we talked about earlier, the defendant’s insurance company will be trying to undermine your claim at every step, and if you are not experienced with this process, there is a good chance that you will not end up with the amount of compensation you deserve.
Working with an attorney gives you a skilled advocate in your corner who is committed to recovering full damages on your behalf. Your attorney will thoroughly investigate the circumstances of your accident and gather the evidence necessary to build your claim. They will also deal directly with the insurance company and negotiate for the highest possible settlement from a position of strength.
Having a reputable attorney also gives you considerably more leverage with the insurance company, because it shows that you are serious about holding the liable party accountable and that you are able to litigate your case if they do not give you a fair offer. These factors alone are often enough to bring the insurer to the negotiating table.
For strong legal guidance with car accidents in Rancho Cucamonga or any other San Bernadino County community, contact Muhareb Law Group today. We have successfully represented numerous auto accident victims in Southern California, and we are ready to help get you the compensation you deserve, so you can move forward with your life. Call us today at (909) 519-5832 or send us an online message to set up a free, no-obligation consultation.