Car Accident Lawyer

Knowing what to do after a car accident can make all the difference when it comes to collecting compensation for your injuries and other losses. Attorneys Richard C. Bennett, William Johnson, and Andrew Johnson with Bennett Johnson, LLP in Oakland, CA, explain exactly what to do - and what not to do - in order to ensure the best outcome. If you have been in a car accident, please call us at (530) 413-0245 so we can begin investigating your accident and resulting injuries right away.

In the days following your accident:

• Keep track of the medical bills and reports, so you can assemble a clear picture of how you were injured and what was required to recover.
• Keep a diary of how you feel every day, and how your injuries prevent you from performing your daily tasks. You can also keep notes regarding your emotional state and how your family is impacted by your injuries.
• If any insurance adjustor or other person representing another motorist contacts you, do not speak to them. Simply tell them to reach out to your lawyer.

It is important to take these steps even if you believe your injuries are minor. A judge and jury will be interested to know every piece of the puzzle. When your attorney deals with the insurance adjuster, having a complete picture of your injuries and expenses helps foster negotiations or determine when the time is right to file a lawsuit.

A personal injury lawyer can ensure that nothing is overlooked in your case. 

How a Lawyer Helps Can Help Immediately After an Accident

A personal injury lawyer can ensure that nothing is overlooked in your case. Your attorney can preserve evidence so that it can be used in your case. Keep in mind that insurance adjusters do not work for you, and will try to resolve the case with as little effort and compensation as possible. On the other hand, we can be your advocate and pursue an amount of compensation that meets your needs. We routinely work with medical experts and accident reconstructionists to find out exactly how the accident happened, and use that information to your benefit.

Tragically, approximately 32,000 lives are lost as a result of car accidents every year. 

*According to the Centers for Disease Control and Prevention 

The cause of your accident will directly determine how we pursue your case. For example, if a negligent driver caused your accident, we can pursue a lawsuit against their insurance company. However, if your accident was caused by a defective auto part, we may have to file a claim against a large corporation or manufacturer. 

Large corporations, such as auto manufacturers and government agencies, will have their own lawyer on their side to protect their own interests, but our lawyers are committed to helping you protect your best interests and receive full financial compensation. 

Our firm works with in-house investigators, reconstruction experts, and local authorities to establish causation and determine liability. Because of the impact that the cause of your accident can have on your case, you need a legal team with a proven track record of success on your side. 

Most car accident cases start with an insurance claim. If the other party's insurance provider is acting in bad faith and not compensating you for the full extent of your damages, our attorneys may file a lawsuit against them. 

If you are the victim of a car accident, you can afford an advocate.

At Bennett Johnson, LLP, offer a free consultation and take your case on a contingency fee basis, meaning you owe us nothing unless we collect compensation for you. 

Car accident injuries can range from minor to fatal. They may be immediately apparent, or they may take time to present. Attorneys Richard C. Bennett, William Johnson, and Andrew Johnson in Oakland, CA, invite you to learn more about the injuries that can result from car accidents, and why a thorough and accurate assessment of these injuries is essential to collecting the compensation you deserve. 

Examples of Personal Injuries Caused by Car Accidents

Some car accident injuries can be catastrophic, costly and life-changing for victims. There are many different types of injuries caused by car accidents, including:

• Traumatic brain injury: Many car accidents involve forceful hits to the vehicle, causing those inside to be thrown into windows or against the side walls of the car. When a driver or passenger hits their head suddenly against the inside of the car during an accident, the result can be severe damage to the brain. This may be a concussion or a more serious and lifelong injury.
• Spinal cord and paralysis: When the spinal column is damaged in an accident, it can result in partial or full paralysis.
• Neck and chest injuries: The sudden jerking back and forth experienced by many car accident victims can cause whiplash, internal organ damage, and internal bleeding. 
• Broken bones and loss of limbs
• Burns, vision loss or impairment, deep cuts and lacerations, hearing loss
• Death
• Neck injuries
• Bone fractures
• Knee injuries
• Lacerations or cuts
• Deep bruising

If you have been in an accident, you could have injuries that are not immediately apparent. The best course of action is to seek immediate medical care, and allow a personal injury attorney to pursue the compensation you need.

The team at Bennett Johnson, LLP prides itself on helping victims recover from injuries and other losses resulting from third-party negligence.

Determining the Extent of Injuries

A determination of the full extent of your injuries after a car accident is essential. The purposes of having a full report documenting every injury include:

• Showing that the injuries are directly related to and caused by the accident.
• Establishing the injuries are new, and do not pre-date the accident.
• Establishing a monetary figure that represents your total loss, so you can pursue the amount of compensation necessary to help you recover
• Proving whether full recovery is possible, or if the injury will have lifelong repercussions. Lifelong injuries require additional compensation to cover the ongoing cost of therapy and lost capacity to earn a living, as well as diminished quality of life.

Being involved in a motor vehicle accident can result in broken bones, internal injuries, head trauma, and many other minor to severe injuries. Victims of car accidents are entitled, by law, to be fully compensated for injuries caused by another.

Establishing liability for the accident is essential if maximum recovery is to be obtained. When calculating the amount to which you are entitled, our lawyers will consider factors such as: 

• Obtaining damages for time off work or lost wages.
• Making sure all injuries are fully treated, or providing ongoing care if the injury cannot be fully treated.
• Determining whether there are any psychological effects that require treatment through therapy or counseling.
• Differentiating between bodily injuries and property damage injury.
• Making sure medication and rehabilitative services are part of the compensation.

Types of Liability For California Car Accidents

Liability for a car wreck in California depends on the circumstances of the incident. This could mean that liability can be limited, depending on the degree to which the liable party was actually at fault. This is seen when the driver being charged with liability for the accident claims the other driver was partially at fault. If any comparative negligence is found, the drivers will each bear liability for their percentage of fault.

In order to get to the bottom of the case, it is important to enlist the help of an experienced personal injury attorney who knows what types of interviews to conduct and what pieces of evidence will shed light on how the accident occurred.

Liability can also be limited if the owner of the car was not driving at the time of the accident. It is not unusual for people to allow others to drive their vehicle. When that happens and an accident takes place, the owner of the car may only be liable for some of the damages.

Ways to Establish Liability for A Car Accident

Establishing liability for a car accident allows the victim to seek compensation for injuries sustained during the wreck. An experienced car accident attorney can establish liability by:

• Interviewing witnesses and documenting the witness’ account of how the accident happened.
• Reviewing the police report and asking the officer on the scene to corroborate the details of the report, or give additional data not contained in the report.
• Taking the deposition of all parties involved, or sending written discovery to get a clear picture of what transpired before, during, and after the accident.
• Determining whether extenuating circumstances, such as road construction or distracted driving, played a part in the accident.
• Analyzing the laws regarding the rules of the road and making a finding as to whether those rules were followed. Disregard of traffic laws is a good indicator of liability in a car accident.

Victims can seek damages in car accidents including medical expenses, lost wages, pain and suffering, and property damage. Car accidents can result in a wide range of personal injury and also cause damage to personal property. Depending on the severity of the accident, personal injuries may be immediately treatable or may require long-term care. The damage done to personal property may be a total loss, or could involve extensive repair work. 

The lawyers at Bennett Johnson, LLP have over 40 years’ experience seeking complete compensation for all damage inflicted during a car accident for clients in the Oakland, CA, area. 

Injuries From Car Accidents Can be Far Reaching and Extensive

An injury from a motor vehicle accident can be more than just what is visible to the naked eye, or immediately noticed on scene. In many cases, the injuries from a car accident are not known right away, and could have an impact on the victim for years to come:

• In the most severe of cases, such as a traumatic brain injury or spinal cord injury, the victim may be unable to return to work. In those cases, it is appropriate to seek damages for lost wages and opportunity for the duration of the victim's life.
• Physical injuries like broken bones or road rash are easy to identify, but many times a car accident can also cause an emotional injury. Victims are entitled to compensation for any emotional and psychological injuries resulting from a car accident.
• When an accident involves the family breadwinner, the entire family suffers along with the victim. The financial strain a family can feel from a car accident involving a high wage earner is very real, and in such cases, compensation is available.
• Relationships between parents and children and between spouses also suffer when someone is hurt in a car accident. These types of injuries are not commonly thought of the instant an accident takes place, but they do occur and should be given consideration when computing total damages.

Types of Injuries Sustained in Car Accidents and How They Affect Victims

Every car accident is different, and victims may sustain any number of injuries. Some of the most common injuries include:

• Neck and Back Pain: This type of injury may not develop until a few days following the accident, but can leave the victim stiff and immobile. Back pain can be one of the most difficult types of pain to treat, and it can also lead to depression or anxiety because some physicians are hesitant to prescribe medication to ease the pain.
• Broken Bones: In order to properly heal, a broken bone has to be reset and given time to mend. In some cases, a complicated surgery may be necessary to fix a broken bone, which can be a traumatic event itself.

Victims can seek damages in car accidents including medical expenses, lost wages, pain and suffering, and property damage. 

• Soft Tissue Injuries: When muscles, tendons, and ligaments are stretched beyond their limit, a soft tissue injury can result. These types of injuries can mean long-lasting pain for the victim and typically requires daily medication to treat the pain.
• Burn Injuries: Burns that occur from a fire during a car wreck might require a skin graft to fix, a painful procedure that could still leave permanent scarring. Unsightly scars can cause victims to withdraw from friends and family, leading to social isolation and depression. 
• Brain Injuries: Fractures to the skull, concussions, or having a brain bleed are all forms of brain injuries. These types of injuries typically require surgery and involve a lengthy recovery time, which could include extensive and costly rehabilitative therapy.
• Internal Injuries: Internal organ injuries are common in a car accident, and generally require surgery. 

The type of car accident you are involved in can directly affect the type of compensation you can collect and the best way to pursue damages. Our team at Bennett Johnson, LLP, in Oakland, CA, can investigate your accident and determine the optimal legal action to take on your behalf. Richard C. Bennett, William Johnson, and Andrew Johnson are hands-on attorneys who handle cases involving a variety of car accidents. We have been representing Californians in personal injury suits for over 40 years and have a record of success. Schedule a free case evaluation with our team by contacting us online or calling (510) 444-5020 today.

Common Types of Car Accidents

An accident can happen anywhere. The nature of the accident can impact many aspects of your case, including:

• How the insurance company handles your claim
• The amount of compensation you can collect
• Whether you can file a lawsuit
• Who you can sue

At Bennett Johnson, we represent clients affected by all types of car accidents. We can help you understand how the type of accident you were in affects your case and ensure that you are treated fairly. 

Rear-End Collisions

Rear-end accidents occur when one car collides with the bumper of the car in front of it. This type of accident is usually caused by inattention, distracted driving, or tailgating. In most cases, the driver of the vehicle that rear-ends the other car is considered to be at fault, unless the impacted vehicle was in reverse gear at the time. 

A common injury in rear-end collisions is whiplash, even if the crash occurs at lower speeds. In general, injuries are more severe for occupants of the impacted car.

Side-Impacts

Also called a t-bone collision, side-impact accidents take place when the front or back of one car impacts the side of another. These types of accidents often cause severe damage to vehicles and serious occupant injuries. Typically, the occupants on the side where the car was impacted suffer the worst injuries. Left-turn accidents, for example, can often result in side-impact collisions.

Whatever type of car accident you were involved in, hiring an attorney can help ensure that you are treated fairly by your insurance company and that you receive the compensation you deserve.

Rollovers

When a car flips over and lands on its side or roof, it is considered a vehicle rollover. While any vehicle can flip, sport utility vehicles (SUVs) are more likely to flip due to a higher center of gravity. The most common cause of a rollover is a sharp turn at high speeds. However, other factors, such as road and weather conditions, can also increase the risk of a rollover.

Head-on Collisions

A head-on collision occurs when the front ends of two vehicles hit each other. This type of accident is one of the most dangerous and can often lead to fatalities.

Single vs. Multi-Vehicle Accidents

A single-car accident is handled differently than one involving multiple vehicles. In single car accidents, a vehicle strikes an object or pedestrian. The cause of these types of collisions is often more apparent. Multi-vehicle accidents tend to take place on highways and freeways and are more difficult to investigate. 

Whatever type of car accident you were involved in, hiring an attorney can help ensure that you are treated fairly by your insurance company and that you receive the compensation you deserve. Our attorneys can investigate your accident and determine the best course of action.

Car accident statistics tell the story of how dangerous it is on roads and highways, and how the slightest degree of negligence can have catastrophic outcomes. Bennett Johnson, LLP encourages all motorists to take the utmost care when driving, but our firm understands that you cannot control the actions of other drivers. Attorneys Richard C. Bennett, William Johnson, and Andrew Johnson in Oakland, CA, are here to help you if third-party negligence results in injury. We invite you to learn more about car accident statistics in order to better understand the importance of taking every possible safety measure on the road.

The Most Common Types of Car Accidents

The most common types of car accidents are:

• Rear-end collisions. In some instances, the force of impact is so great that a third car is also involved.
• Single-car crashes account for a large number of accidents, which may be caused by something other than driver error. Road conditions, weather, and defective auto parts can all play a part in a single-car accident. Rather than dismiss this type of accident as the fault of the driver, it is best to fully examine the facts so the responsible party can be held accountable.
• T-bones and sideswipes occur frequently and can cause catastrophic injuries. The side of a vehicle is less protected than other areas. Not all makes and models include side airbags.
• Speeding accidents, from driving either too fast or even too slow. 
• Head-on collisions, which are usually fatal.
• Accidents caused by debris on the roadway, which may be the fault of a trucking company, construction enterprise, or another third party.

The injuries suffered in any type of accident can be life-changing. The party or entity responsible for causing the accident is responsible for paying the costs and expenses associated with the accident.

The National Traffic Safety Institute has found that texting and driving is equally hazardous as driving under the influence.

Fatalities on California Roadways

The National Highway Traffic Safety Administration reports that in California in 2016, there were more than 3,600 traffic fatalities. More than 1,000 of those fatalities were attributed to driving under the influence of alcohol, and more than 1,000 fatal accidents were attributed to speeding.

Distracted Driving

Today, cell phone use is practically second nature. Unfortunately, the impulse to text, check email, or look up information on a smartphone is one that many motorists entertain while driving. The National Highway Transit Safety Authority found that in 2016, texting while driving resulted in nearly 400,000 injuries. In 2015, texting and driving was found to have caused 3,450 deaths. In fact, the National Traffic Safety Institute has found that texting and driving is equally hazardous as driving under the influence.

Driving Safely

Though the key to safe driving may seem obvious, statistics indicate that you can significantly reduce your risk of causing an accident by:

• Never using your cell phone while driving
• Taking care to never exceed the speed limit
• Using alcohol responsibly by making certain never to drive while under the influence

Of course, there is no guarantee that all drivers will operate their vehicles with responsibility and care. When the negligence of another motorist causes injury and other losses, our attorneys can help you hold the responsible party accountable and collect the restitution you deserve.

In 2016, there were 3, 357 fatal car accidents in California, leaving thousands of family members wondering where to turn for help and what to do next. A fatal car accident lawyer with Bennett Johnson, LLP in Oakland, CA, can help recover compensation for your many losses. Attorneys Richard C. Bennett, William Johnson, and Andrew Johnson are prepared to file a wrongful death suit on your behalf. They can illustrate who was at fault and the extent of the losses you now face. With our help, you can collect a settlement or jury award that helps you and your family to cope with an immense loss. To book your free case review, contact us online or call us at (530) 413-0245.

What is Required in Wrongful Death Action?

In order to file a wrongful death suit, certain criteria must be met. In California, you must file suit within two years of the incident.

The claim can be made by a:

• Surviving spouse
• Parent
• Domestic partner
• Child
• Person legally entitled to receive property or assets of the deceased
• Putative spouse or children

In some instances, it may be necessary to set up an estate for the deceased, which is a separate legal undertaking. We can accept this task on behalf of your family. 

Our firm has collected over $500 million for our clients.

What Types of Damages Can I Collect?

The death of a loved one is costly in many ways. Some of the many losses your attorney will assess include:

• Funeral expenses
• Medical expenses before the death
• Loss of income
• Loss of financial support
• Loss of companionship and affection
• Pain and suffering

Some of these losses can be assessed simply by checking paperwork. Others are not as simple. An attorney can provide an apt assessment of exactly how this loss will impact your life.

Hit By a Distracted Driver? You Deserve Compensation!

With phones, navigational maps, and other technologies at nearly every person’s fingertips, many people have become extremely distracted while driving. When drivers use their devices or engage in other forms of distraction, they create hazardous road conditions for themselves and other drivers sharing the road.

Unfortunately, this can cause serious injuries. If a distracted driver caused an accident that left you injured, our distracted driver accident attorneys can help you recover maximum compensation for the following:

• Lost wages
• Medical expenses
• Mental & physical pain
• Physical therapy
• Chiropractor visits

Contact our distracted driver accident attorneys at Bennett & Johnson, LLP today.

Common Examples of Driver Distractions

According to the National Highway Traffic Safety Administration (NHTSA), more than 3,150 people suffered fatal injuries in car accidents that were caused by distracted drivers in a single year.

Below is a list of ways people engage in distracted driving:

• Sending or reading a text
• Talking on the phone
• Talking to a passengers
• Changing the radio station
• Watching a video online
• Drinking or eating

The Different Forms of Distracted Driving

Cognitive Distracted Driving

This occurs when a person’s mind is focused on other matters, taking their attention away from the road. A person who is having a conversation via Bluetooth is cognitively distracted. While they may have both hands on the wheel and both eyes on the road, they are not focused on driving.

Physical Distracted Driving

This occurs when a person is occupied by a physical distraction that leaves them unable to make necessary maneuvers. A person drinking coffee is considered physically distracted because they don't have both hands on the wheel. This makes it difficult for the driver to maneuver the vehicle.

Visual Distracted Driving

This occurs when a driver participates in any sort of action that removes their eyes from the road. For example, a person who is looking at a map, sending a text message, or adjusting the radio while driving is visually distracted because their eyes are focused on something other than the road.

If you have been injured in an accident due to a texting driver, the Bennett Johnson, LLP team can establish how texting directly contributed to the accident in order to help you collect the maximum compensation possible. Texting and driving accident lawyers Richard C. Bennett, William Johnson, and Andrew Johnson in Oakland, CA, can examine the facts of your case and assesses your losses. To schedule your free case review, please send us a message online or call us at (530) 413-0245.

Texting and Driving Statistics

The dangers of texting and driving are well documented, and statistics show just how devastating an accident where texting played a role can be. The National Highway Transit Safety Authority reports that in 2016, texting and driving caused 391,000 injuries. In 2015, texting and driving resulted in 3,450 deaths. In fact, the National Traffic Safety Institute considers texting and driving as dangerous as driving under the influence of drugs and alcohol.

When you are driving 55 miles per hour, taking your eyes off the road for five minutes is the same as driving the length of a football field.

How Texting and Driving Can Cause an Accident

It takes focus to text, as does driving. Texting involves visual, manual, and cognitive attention. Driving a car also involves these same competencies, and the two tasks cannot be performed at once. When a driver diverts their attention from the task of safely operating a car to text, the chance of being in an accident becomes 23 times higher. Consider that when you are driving 55 miles per hour, taking your eyes off the road for five minutes is the same as driving the length of a football field. That is a considerable distance for a driver to spend without paying attention to the road.

How a Lawyer Can Help

The first step to financial recovery in personal injury cases is to establish liability. The team at Bennett Johnson, LLP can determine the cause of an accident in order to help you collect the restitution you are owed. The liable party is responsible for repayment of expenses such as medical bills, lost wages, lost future earnings, and expenses associated with rehabilitation or therapy. Meanwhile, you can be certain that the responsible party will have legal counsel taking every opportunity to prove that their client was only partially responsible for your losses, or not responsible at all. Our attorneys are here to make certain that justice has been served.

A diminished value claim lawyer with Bennett Johnson, LLP in Oakland, CA, can help you file a successful claim if you feel that an insurance company has undervalued your car following an accident. Attorneys Richard C. Bennett, William Johnson, and Andrew Johnson understand how important it is for you to collect maximum compensation for every loss after an accident. When the damage is caused by the negligent act of another, you are entitled to the difference in the value of your car prior to the wreck and the value after repairs. To schedule your free case review, send us an online message or call us at (530) 413-0245.

What is Diminished Value?

There are three types of diminished value to understand when making a claim:

• Immediate diminished value: This figure is the difference in value immediately before the accident and immediately after, prior to any repairs being made.
• Repair-related value: The loss in value resulting from an inability to perform perfect repairs.
• Inherent diminished value: This value is the amount your car is now worth after having been repaired. The best way to think about this diminished value is to consider how much less you can make at resale due to the damage.

When you suffer a loss due to the negligence of another, you are entitled to be made whole again. Legally speaking, this means you should be placed in the same position you were in prior to the accident. In many cases, that requires payment of a diminished value for your property.

These claims can be brought against the negligent party's insurance company, or your own insurance company if you have uninsured motorist insurance.

What is Required for a Diminished Value Claim?

In order to make a diminished value claim, you must:

• Make your claim within three years of the accident date.
• Prove that the damage occurred due to a specific car accident.
• Prove that the damage was not your fault.
• Be able to demonstrate the value of the vehicle prior to the accident.

These claims can be brought against the negligent party's insurance company, or your own insurance company if you have uninsured motorist insurance. It is also important to keep in mind that you can recover both the repair costs and the diminished value figure, which can help to maximize the allowable recovery. 

The size and frame of sports utility vehicles (SUVs) and trucks can make them especially susceptible to rollover accidents. Because rollover accidents can eject passengers or cause the roof of the vehicle to collapse, they are dangerous for all drivers, passengers, and pedestrian bystanders and can result in devastating catastrophic injuries. If you or a loved one are involved in a rollover accident, a lawyer can help you determine: 

• What caused your accident 
• The extent of your injuries 
• How much you should be compensated 
• Who is liable for paying your compensation

Attorneys Richard C. Bennett, Willam Johnson, and their associates have been representing personal injury victims for over 40 years. Because our firm has earned some of the highest verdicts and settlements in Napa, Santa Maria, Oakland, CA, and surrounding areas, we can help you build a strong case and secure the highest compensation possible. Schedule your free consultation by contacting us online or calling us at (805) 438-2952. 

Determining the Cause of a Rollover 

There are many scenarios or driver actions that can lead to a rollover accident. These include: 

• Sharp or sudden turns 
• Inclement weather 
• Aggressive driving 
• Speeding 
• Driving under the influence 
• Distracted driving 

However, our firm also represents victims of Ford Explorer rollover accidents. These cases are unique because the rollovers were caused by a defective design and are considered product liability cases. 

The National Highway Traffic Safety Administration released data that showed that rollover accidents accounted for almost 35 percent of all crash-related deaths in 2010 alone. 

Potential Injuries following Your Accident 

As with other car accidents, rollover accidents can lead to superficial lacerations, broken bones, and burn injuries. Because the roof of the vehicle can collapse during the accident and passengers may be ejected from the vehicle following a rollover, these accidents can also lead to devastating, life-threatening injuries including spinal cord injury, traumatic brain injury, and even the death of a loved one. 

Rollover accidents are the most fatal types of motor vehicle accidents. The National Highway Traffic Safety Administration released data that showed that rollover accidents accounted for almost 35 percent of all crash-related deaths in 2010 alone. 

The Role of an Attorney 

In addition to finding out what led to your accident and helping you get the medical care you need, an attorney can help you build your case and determine who is at fault for the accident. The cause of the accident will generally point to the driver or party who is at fault. Attorneys at our firm also provide additional services for clients to help build a stronger case. An attorney can: 

• Determine whether a car defect, defective roadway, or improper truck loading or other cause led to your rollover 
• Consult with experts to recreate the accident 
• Work with life care planners to determine how your injury will affect you for the rest of your life

From the start of your case to the final resolution, our attorneys handle your case firsthand.

Case Evaluation Free of Charge

If you are committed to protecting your rights after a serious auto accident, your first step should be to pick up the phone and seek the help of our car accident attorneys. You can entrust your case to Bennett Johnson, LLP, with confidence because we have a reputation for excellence and success. We are prepared to help you collect the restitution you are owed for injuries, property damage, and more.

Our car accident attorneys can help you get back on your feet and help with the stress of these challenging legal matters. 

Our team is entrenched in the California East Bay lifestyle and culture. Bennett Johnson, LLP was founded in 1981, and we've been serving clients with a high standard of professionalism and effective advocacy ever since. As a team, we have recovered well over $500 million in verdicts, arbitrations, and settlements for our clients.