Northern California Car Accident

Motor vehicle accidents are the leading cause of injury and death in the United States. Americans collectively drive almost 3 TRILLION miles per year and 3 million people were injured or killed on our roads last year alone. NHTSA (National Highway Transportation Safety Administration) compiles statistics regarding motor vehicle accidents and some of results are alarming. For example, in 2001:


  1. 3,000,000 people were injured in motor vehicle accidents.
  2. 41,300 died in motor vehicle accidents.
  3. 40% of the fatalities were alcohol related.
  4. 2,600 children under the age of 15 were killed in motor vehicle accidents.
  5. 7,500 young drivers (16-20) were involved in fatal crashes.
  6. 3,000 motorcyclists were killed.
  7. 4,700 pedestrians were killed.
  8. Improper use of seat belts accounted for 63% of the fatalities.

Considering the above, it is quite possible that you may be involved in a motor vehicle accident. Do not even consider driving without insurance. Not only is it irresponsible, it is illegal in the State of California. Always assume that the other driver does not have adequate insurance and purchase a policy that includes "uninsured motorist: and "underinsured motorist" coverage. If you have been involved in an accident caused by another driver's negligence, you may be able to file a claim against them for property damage, personal damage (medical expenses, pain and suffering, future losses, etc), and, in some cases, punitive damages. However, you must support your claim by proving 3 things:


  1. Negligence - The driver failed to use due care.
  2. Causation - The negligence of the driver caused the accident.
  3. Damages - You suffered damages as a result of the accident.

Never proceed with a negligence claim without first obtaining legal advice. An attorney experienced in the practice of personal injury law knows the court system, can cut through insurance company red tape, and will make sure you are justly compensated for all current and future damages.

Always anticipate the possibility of becoming a motor vehicle accident "statistic" and make sure you protect yourself by following these procedures:

  1. Call the police immediately.
  2. Secure the accident scene. Put up flares, redirect traffic, etc.
  3. Record the other driver's name, address, phone number, license number, registration, and proof of insurance.
  4. Gather the names, addresses and phone numbers of any witnesses who can be contacted by your attorney at a later date; and try to convince them to remain at the scene until the police arrive. Beg if you have to!
  5. Always carry a camera and take pictures of the vehicle, the scene, and so on.
  6. Seek medical attention as soon as possible even if you "don't feel that bad". (Even the most serious injuries, such as traumatic brain injury, may not be immediately apparent.)
  7. Report the accident to your insurance company and, if required, to the Department of Motor Vehicles.
  8. Cooperate with your insurance company but do not volunteer any theories about the circumstances leading up to the accident.
  9. Never, never, never discuss the accident with the other driver's insurance company.
  10. Always consult with an attorney experienced in the practice of personal injury law before you attempt to recover your losses.
  11. Once you have hired your attorney, redirect anyone who contacts you for information about the accident to your attorney.

Remember...you need to focus on getting well...let your attorney focus on the best way to get you there!

IF YOU OR A LOVED ONE HAS BEEN INJURED IN AN ACCIDENT, YOU NEED THE ADVICE OF AN EXPERIENCED PERSONAL INJURY LAWYER. CALL DEMAS & ROSENTHAL TODAY FOR YOUR FREE CONSULTATION OR CLICK HERE TO FILL OUT OUR ON-LINE FORM.
1-800-717-1111
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