Car Accident Lawyer in Oxnard, Ventura County

Written by: Jessica L. Phillips

After a catastrophic injury, auto accident victims might struggle with medical expenses, income loss, and property damage. Insurance companies help by providing coverage for medical bills property damage to the wrecked vehicle. However, the expenses often go beyond the maximum coverage amount in a severe auto accident. The other party can be held responsible for your damages using evidence from the scene of the crash. 

Once you’ve reported your car accident to the California Department of Motor Vehicles, you may want to consider working with a car accident attorney. An Oxnard car accident lawyer can help you obtain proper compensation through professional legal representation. To learn more, get legal counsel and contact an Oxnard office in Southern California today. Call Maho Prentice LLC law office for a free consultation. 

The Major Causes Of Car Crashes

Drivers often make errors due to negligence, resulting in injuries to other drivers. The most common causes of car accidents include the following: 

Distracted Driving

It is important to pay attention to what is going on around you when on the road. Auto accidents caused by distracted driving often involve texting, GPS consultation, phone calls, and other interferences. Around 6% of drivers involved in a fatal accident were distracted while driving. 

Improper Lane Changes

Improper lane changes occur when a passenger vehicle merges into a different lane unsafely. Drivers must signal before lane switching and avoid cutting in front of cars to prevent an accident. Improper lane changes are considered a non-criminal moving violation that can result in a citation. 

Alcohol And Drug Abuse

Driving under the influence puts everyone on the road in danger because drugs or alcohol can impair motor skills and critical thinking. It is illegal to operate a vehicle with a blood-alcohol level of 0.08% or above or while under the influence of illicit drugs. 

Speeding

Speeding cars can cause high-impact crashes that result in life-threatening injuries. About 26% of all traffic fatalities were caused by speeding in 2019. 

Ignoring Traffic Devices And Signs

When drivers ignore yield signs, run red lights, and fail to pause at stop signs, this can increase the risk of causing a serious crash. 

Bad Weather

Heavy rain, blizzards, black ice, and fog can cause accidents by creating hazards on the road. Rainwater and ice make roads slippery, reducing the traction of car tires. Other obstacles, such as fog or heavy snowfall, make it difficult for drivers to see the road. Poor weather conditions are a known cause of car crashes. 

How Can My Attorney Prove I’m Not At Fault

With the help of car accident attorneys, it is possible to prove that you are not at fault for the accident. These are some of the approaches your Oxnard car accident lawyer might take to help prove that you deserve compensation. 

Pictures

The pictures you take of the car crash can be used as physical evidence to show the severity of the crash. Taking pictures of any dents, cracked glass, twisted metal, and debris can show the damage caused by the crash. Pictures of your injuries right after the accident and once you’ve been treated can also be used in your personal injury case. 

Subpoenas

Sometimes, your car accident may have been caused by distracted driving, such as cell phone usage. Your lawyer can request a subpoena of the other party’s cell phone records to find out if they were texting at the time of the crash. 

If there were any witnesses at the scene of the crash, they could be used as a helpful resource of information. Witness testimonies can support personal injury cases by providing first-hand accounts of what happened in the accident. 

Police Report

Any car crash that results in more than $1,000 of property damage, bodily injury, or death has to be reported and recorded by the police. Your attorney can use the police report to help prove your case because it contains official information on details of the car accident. The police report will mention if any citations were given. 

Driver History

If the other party has a record of poor driving habits, it might be useful to show this to their insurance company. This can help prove your case by showing that there is a higher chance that the car crash isn’t your fault. 

Traffic Cameras

If the car accident was caught on camera, this could help show how the accident happened and who caused the crash. Your attorney can examine the footage to find out how the accident happened. 

Drug Tests

In some cases, a breathalyzer or drug test may have been administered if the police officer noticed that the other party had been acting strangely. Your attorney can obtain the drug test results and use this for your settlement claim. 

What Kind Of Compensation Can I Receive For My Personal Injuries?

When you suffer from serious injuries, you will require medical treatment and may have to take time off from work. Because of this, expenses can accumulate with time and create a financial burden. When this is the case, you can seek a settlement with the help of a reliable law firm that can guide you. Here are some of the most common damages you can receive on your settlement claim:

Economic Damages

Economic damages have a tangible monetary value, such as bills, fees, and invoices. 

Medical Expenses 

Once you’ve received any kind of medical treatment after you’ve suffered injuries, you can include this in your compensation as long as they were caused by the car crash. For example, if you suffered broken bones because of the car accident, your medical bills will be covered. If you received treatment for another reason, such as a skin rash, this wouldn’t be included. You may receive a wide variety of treatments to help you recover, such as surgery, physical therapy, massage therapy, and more. 

Additionally, you might be required to undergo imaging scans and lab tests. Regardless of what type of treatment you have to pay for, these fees will be part of your compensation. Wrongful death claims could include medical bills if the affected accident victims were treated before they passed away. This means any medical expenses that were accrued because of their car accident wounds will be compensated. 

Lost Income

After you’ve been in a car crash, you will likely have to stay home for a few days or even weeks while you heal from your wounds. Unless you have paid time off, you will be missing much of your income while at home recovering. Any lost wages that happened because of your Oxnard car accident can be included in your settlement total. This way, if you are temporarily disabled, you don’t have to worry about falling behind on bills. You can also include future wage loss in your settlement. Suppose you were disabled permanently and can no longer return to your normal line of work. In that case, you can work with your lawyer to consider including job replacement service fees in your compensation. 

Damaged Property 

While most insurance company policies cover a certain amount of property damage, sometimes car accidents can result in disasters that can’t be covered. According to the California DMV, the minimal liability insurance includes $5,000 for damage to property, $30,000 for injury or death per person, and $15,000 for injury or death to one person. Sometimes, cars have to be completely replaced after an accident, where the amount far exceeds the insurance coverage. In a case of severe car damage, you can seek damages from the other party to cover your expenses. 

Expenses Caused By Wrongful Death

When a family member passes away because of a fatal motor vehicle accident, it can leave families devastated. When this happens, there are additional fees and expenses to worry about. For example, the burial costs and funeral bills can cost thousands of dollars. Embalming, the funeral service, and additional details such as flowers all add up. Surviving family members can recover this amount with their settlement. 

General (Non-Economic) Damages

In addition to medical bills, lost income, and other costs, you can also claim general damages. These are damages that are estimated based on the intensity of your car crash and don’t have a fixed dollar amount. How much you suffered psychologically and emotionally is just as serious as your physical injuries. If you are struggling with grief, embarrassment, anxiety, depression, and other difficult emotions because of your car crash injuries, you should let your attorney know. 

Who Is Paying For My Damages?

Even though you are seeking damages from the driver responsible for your injuries, you are compensated by their insurance company. Insurance companies must negotiate with your attorney based on the evidence provided. Even though the other party is the one liable for your damages and will be briefed on the results of your settlement case, the settlement comes from their insurer. 

This is also the case if you were to go to court for a lawsuit; the judge will expect the insurance company to pay a settlement amount. If the other driver doesn’t have insurance, the driver would have to pay out of pocket if they can afford it. Your insurer may help cover your fees if you have uninsured motorist coverage.

How Do I Know If I’m Eligible For A Settlement?

After you’ve been injured, you’re probably wondering if you are owed compensation. If you believe that you’re not at fault, you should speak to an experienced attorney to help you find out if the other party is responsible. They understand traffic laws and can analyze whether the other driver broke the law or exhibited negligence. With their experience, you can learn about the settlement process and find out how to collect evidence to support your case. Your lawyer will do their best to represent you and, if necessary, file a lawsuit. To get additional information about what compensation you may be owed, call Maho Prentice LLC for a free consultation.