San Francisco Car Accident Attorneys

Auto Accident Lawyers Serving Santa Rosa and Vacaville

Were you recently injured in a car accident that wasn’t your fault? You may be able to take legal action against the negligent driver and recover damages. To protect and enforce your rights, you shouldn’t wait to consult with a seasoned legal professional.

From straightforward car accidents to boating accidents and plane crashes, our team at The Cartwright Law Firm provides comprehensive legal services to people with auto accident injuries in Northern California. We represent personal injury victims as well as families who have lost loved ones to wrongful death in an accident. Our firm has a full-time, in-house investigator who can determine who was at fault for your accident, and, in many cases, he can visit the scene of the collision to collect important evidence before it disappears. 

We are prepared to go the distance to get you what you deserve, even if that means going to court. Our attorneys prepare every case for trial and have recovered millions for our clients. We also take these cases on a contingency fee basis, so you don’t pay any attorney’s fees unless we help you recover compensation.

Don’t wait to get legal advice after a crash. Schedule a free consultation with our San Francisco car accident lawyers today by calling (415) 851-6486 or contacting us online.

What Are a Driver’s Rights and Responsibilities in California?

Every driver on the road has a responsibility to himself or herself, as well as the others around him or her, to drive attentively. Each driver also has legal rights they can and should exercise when they are involved in an accident.

These rights and responsibilities include: 

• Right to access insurance information. Drivers involved in an accident have the right to request and obtain insurance information from the other party. California law requires all drivers to carry a minimum level of liability insurance, and exchanging this information allows proper handling of claims.
• Right to seek legal representation after an accident. Drivers reserve the right to hire a legal professional if disputes arise about fault, insurance claims, or compensation.
• Responsibility to carry liability insurance. Every California driver must maintain adequate liability insurance to cover property damage and bodily injuries they may cause. Failure to meet this requirement can result in fines, license suspension, and difficulties obtaining proper coverage in the future.
• Responsibility to stop at the scene of an accident. Drivers must stop immediately after an accident, no matter how minor, to exchange information and offer assistance if necessary. Leaving the scene could result in serious penalties, including criminal charges.
• Responsibility to not use handheld devices while driving. California law prohibits the use of handheld devices, such as cell phones, while driving. Drivers must use hands-free options or entirely avoid phone use to prevent distractions.
• Responsibility to not drive while intoxicated. Driving under the influence of alcohol or drugs severely impairs judgment, reaction time, and motor skills. Drivers must stay sober and avoid operating a vehicle when intoxicated to protect themselves and others on the road.
• Responsibility to obey traffic laws. California drivers are obligated to follow all traffic laws, including speed limits, signaling, and yielding the right of way.

When Is a Driver Negligent for a Crash?

A driver is considered negligent in a collision when their actions breach the duty of care owed to others on the road and directly cause harm. To establish negligence, you must be able to prove four key elements. 

First, the driver owed a duty of care, such as following traffic laws and driving responsibly. Second, the driver breached this duty through reckless or unlawful behavior, like speeding or running a red light. Third, the driver’s breach directly caused the crash. Finally, you must show that actual damages, such as physical injury, property damage, or financial loss, occurred due to the crash. These elements are essential in determining fault and pursuing legal action in a California court.

What Types of Compensation Can I Recover in a California Car Accident Case?

Our San Francisco car accident attorneys understand the damage that vehicle accidents can cause. We have represented people with every type of catastrophic injury, including injuries that resulted in permanent disability. Our goal is to obtain the compensation you and your family need to move forward after an accident. To maximize your compensation, we strive to resolve claims without the need for a trial. However, our skilled trial attorneys will be prepared to take your case to court when that is in your best interest.

We can fight to secure compensation for many types of damages, including:

• Medical bills. You can be reimbursed for all medical expenses linked to the accident. This includes your hospital stays, medication, and physical therapy. You can request compensation to cover your future medical bills if your injuries warrant ongoing medical care.
• Lost income. You can receive compensation for the time you are unable to work while you’re recovering from the accident. You can also be compensated for lost earning potential if your injuries prevent you from returning to your job or doing the type of work you did before the crash.  
• Property damage. This includes the financial costs associated with repairing or replacing belongings damaged in the crash. Most commonly, this includes damage to your vehicle, but it can also cover personal items like electronics, clothing, or other valuables that were impacted during the collision.
• Pain and suffering. “Pain and suffering” refers to the physical pain and emotional distress you experience after an accident. This can include chronic pain, mental anguish, anxiety, depression, and reduced quality of life. The court will consider the severity of your injuries, the long-term impact on your daily life, and any evidence presented when calculating appropriate compensation for these non-economic damages. We can clearly demonstrate how your injuries have affected your physical and emotional well-being so that you can be appropriately compensated.

In some circumstances, such as injuries or deaths involving drunk drivers, we may also seek punitive damages. Though they are rarely awarded, punitive damages may be ordered by a court when a driver’s conduct was especially irresponsible. Punitive damages are meant to punish the driver and deter bad behavior. 

How Much Car Insurance Do I Need in California?

Every state has minimum requirements for car insurance, and California is no exception. However, if you are in a serious crash, the state’s minimum insurance requirements may not fully cover your medical bills and repair expenses. 

California requires all drivers to maintain the following minimum liability coverage:

• $15,000 for bodily injury or death per person
• $30,000 for total bodily injury or death per accident
• $5,000 for damage to property

$30,000 is the total bodily injury coverage for the entire accident. If two people are injured, they will need to share the $30,000 insurance payout.

The $5,000 for property damage covers the damage you cause to another person’s car or by hitting any objects or structures in the accident. This could include light fixtures, telephone poles, mailboxes, or trees.

Some states are known as “no-fault” states, meaning that each driver’s insurance pay out for each respective driver’s injuries and vehicle damage. However, California is an “at-fault” or “tort” state, meaning that the driver who caused the accident must pay from their insurance policy. 

If you are at fault in a serious collision but you only have the minimum liability coverage, the other driver can take you to court. Depending on the situation, you could lose your savings and even have a lien put against your home.

If you are in an accident and do not have the required liability coverage, the state is permitted to suspend your license for one year and issue a fine of up to $200. If the other driver was responsible for the accident, you will be barred from recovering general damages.

Should I Increase the Limits of My Current Coverage?

At The Cartwright Law Firm, we feel that the state minimum liability coverage does not adequately cover you if you are in a major crash or if you are sued by the other driver. Consequently, it may be in your best interest to purchase 100/300/100 coverage. 

This would consist of:

• $100,000 for bodily injury or death per person
• $300,000 for total bodily injury or death per accident
• $100,000 for damage to property

A policy with higher coverage limits will inevitably mean higher premiums. Rates will vary between insurers, so you should contact different providers and get several quotes before settling on a policy.

What If There Isn’t Enough Insurance?

Uninsured motorist coverage (UMC) can protect you if you are in an accident with another driver who is at fault but does not have insurance coverage. Uninsured motorist bodily injury (UMBI) can cover the costs of your injuries or if your passengers sustained any injuries. The limits will match your current liability coverage limits.

Another valuable type of coverage, uninsured motorist property damage (UMPD), can cover the cost to repair your vehicle – but only up to $3,500. This coverage may not apply if you already have collision coverage.

In the same vein, underinsured motorist coverage (UIM) will cover limited costs for any bodily injury. UIM applies if you were in an accident with a driver who was at fault for the accident but did not purchase enough insurance to cover the costs.

California insurance companies are required to offer drivers both UMC and UIM options. If a driver elects not to buy these options, he or she must sign a waiver. Sadly, many drivers do decline these coverage options, not realizing that the additional protection could save them a lot of money if they are in a crash.

If the at-fault driver does have insurance but your damages exceed their policy limits, our San Francisco car accident lawyers can explore filing a lawsuit directly against the at-fault driver to pursue their personal assets. Depending on the driver’s financial situation, this might allow you to recover the remaining amount for your losses.

Frequently Asked Questions About Car Accidents in California

Is It Important to Identify Witnesses If I Am Involved in a Car Accident?

Yes! Eyewitnesses can provide the most important accounts of what happened leading up to and during an accident, while police and other first responders nearly always arrive after the fact. The police do not always get statements from every available witness and seldom take any statements when they believe the accident caused no or very minor injuries. However, the police are not medical professionals, and just because they see no injury doesn’t mean you don’t have an injury. Witnesses could be critical to the outcome of your case. Try to get the names and contact information of all witnesses for your own records.

Should I Assume That Police Will Document My Car Accident?

No, you should not expect the police to take photographs or videos of the accident scene. Unless an accident is considered major and involves serious injuries and/or death, the police seldom do any kind of crash scene investigation. They may get only a few statements, if any at all. Photographic evidence can make a real difference in how an insurance company responds to your claim, so you should absolutely take your own photos and videos or have someone else do so. Be sure to get both close-ups of vehicle damage and wider photos from as many angles as possible. If the accident happened at night, try to take photos of the lighting conditions, as this may have been a factor in the accident. Be sure you or your friend has the time and date stamp feature enabled on your camera.

Should I Refuse an Accident If I Don’t Think I Was Seriously Injured?

This depends on whether you are actually injured. Take some time before exiting your vehicle after the collision unless there is a danger of fire. Some soft-tissue injuries may not be immediately obvious, so spend a few minutes to see how you feel. Did your neck snap back and forth during the collision? Were you thrown to the side? Did your airbag deploy with such force that you feel winded or dizzy? Many injuries begin from the kinds of violent jerks and twists that a hard impact can cause, and they may not make themselves apparent for days or weeks. You also need to know that in many locales, the police will not even write a report of the accident if they feel no one was injured. This can have a negative effect on how your or the other driver’s insurance company responds to any claims.

Do I Have to Report the Car Accident to Anyone Other than My Insurance Company?

Yes. Anyone involved in an auto accident that causes injury, death, or more than $750 in property damage is required to file an SR-1 form with the California Department of Motor Vehicles within 10 days of the collision. It does not matter whether you were at fault, and submitting this form is not an admission of fault. Untimely reporting could result in the DMV suspending your driver’s license.

What Information Should I Get from the Other Driver at the Scene of an Auto Accident?

Do not leave the scene of a car crash until you get the other driver’s name, driver’s license number, address, phone number, and insurance policy information. You should also write down any statements they make about the accident, regardless of whether they take responsibility for the collision or not.

Should I Contact an Attorney Immediately After a Car Accident, or Should I “Wait and See?”

It is always in your best interest to consult with an attorney as soon as you can after an accident. Our San Francisco car accident attorneys can help investigate what happened, gather evidence, and communicate with your and the other driver’s insurance companies on your behalf. Trying to handle a car accident claim yourself or waiting too long to involve legal professionals can result in your getting significantly less than what you may be entitled to under the law. 

The extent of your injuries after a car accident may not be immediately obvious, so don’t agree to a settlement before you talk to a lawyer or medical professional! Call (415) 851-6486 or contact us online to schedule your free consultation today.