Oakland Car Accident Attorneys
Fighting on Behalf of Injured Bay Area Motorists
Being involved in any car accident—whether a minor fender-bender or a serious highway collision—is a frightening experience. In the aftermath of the accident, you may find yourself facing a number of new challenges as you cope with your injuries, medical bills, lost wages, and significant pain and suffering.
At Pacific Workers', The Lawyers for Injured Workers, we understand just how devastating a car accident can be, as well as the lasting effects it can have on nearly every aspect of your life. However, if someone else was at fault for the accident, you don’t have to simply deal with these consequences on your own. The law allows you to bring a personal injury and/or property damage claim and seek compensation for your damages—and our Oakland car accident lawyers can help. With multiple offices, we serve victims of serious automobile collisions throughout the Bay Area. We are deeply committed to our community, and we truly care about helping injured individuals and families seek the fair compensation they are owed so that they can get back on their feet.
Contact us online or call (888) 740-6434 today to request a free initial consultation with a member of our team. We can help you understand your rights and determine the best course of action for your case.
Who Is Eligible to File a Car Accident Claim in California?
Like most other types of personal injury cases, car accident claims are dependent on the issue of liability. In order to be eligible to bring a car accident claim in California, you must show that another person (or entity) was at least partially at fault for the accident that caused your injuries and other damages. Note that under California’s rule of pure comparative negligence, you do not need to prove that someone else was entirely at fault for the accident—or even mostly at fault. In fact, you are able to file a claim for damages even if you were mostly at fault for the accident. However, your total recovery will be reduced by whatever percentage of fault you are deemed to have. So, for example, if a jury decides that you are 30% at fault for an accident because you were speeding when you were hit by another driver, and your total damages amount to $10,000, you will only be able to recover up to 70% of that total amount, or $7,000.
In order to file a car accident claim, you must demonstrate all of the following elements:
- Another Person/Party Owed You a Duty of Care: Generally speaking, all motorists are presumed to owe others a duty of reasonable care, meaning they must take reasonable actions while driving to not cause harm to other people. In other words, this is one of the easier elements of a car accident claim to prove.
- The Duty of Care Was Breached: Typically, you can prove that another person/party breached the duty of care by proving that they acted negligently or wrongfully. For example, a distracted driver is being negligent (and is possibly breaking the law, depending on the distraction). Therefore, that distracted driver has breached the duty of care by failing to take reasonable action to ensure your safety.
- As a Result of This Breach, You Were Injured: In other words, you need to prove causation, meaning that the breach of the duty of care was the direct cause of your damages. If the breach was not the cause of the accident, you do not have a case. Similarly, if you did not suffer any damages (injuries, medical bills, lost income, pain and suffering, etc.), you do not have grounds for a personal injury claim.
Do I Need a Car Accident Lawyer?
Our Oakland car accident attorneys understand the ins and outs of California’s personal injury and motor vehicle laws. While you may have the right to seek compensation, actually obtaining the full compensation you are owed is not always easy. Remember: Insurance companies are businesses and, like any other for-profit entity, their primary motive is to make money. In order to do this, they will often employ deceitful or deceptive practices to limit how much they have to pay out in accident claims. The insurance adjuster from the liable party’s insurance company is NOT your friend!
We strongly advise you to avoid speaking to any insurance adjusters who attempt to contact you after the accident. Instead, reach out to our car accident lawyers for assistance. We provide free consultations and do not charge any attorneys’ fees unless/until we successfully recover compensation for you.
Types of Car Accident Cases We Handle
At Pacific Workers', The Lawyers for Injured Workers we have extensive experience in all types of complex car accident claims and have taken on some of the nation’s largest insurance providers. We are known for being incredibly tenacious when it comes to representing our clients; we won’t stop until we have exhausted every possible avenue of compensation. With over 130 years of combined experience and a 98% success rate in the cases we’ve handled, we are ready to fight for you and your recovery.
Get in touch with our team today at (888) 740-6434 to schedule your no-cost, no-obligation consultation.
Frequently Asked Questions
Q:I was injured in a car accident. Can I file a claim against the other driver?
A:Yes, California is a “fault state,” meaning you may file a claim against an at-fault driver’s insurance company after an accident. Under California’s rule of pure comparative negligence, you do not need to prove that the other driver was entirely at fault or even that they were mostly at fault for the accident; you simply need to show that they contributed to the accident that caused your injuries/damages through negligence or intentional conduct in some way. However, if you are found to be partially at fault for the accident, your total recoverable award will be reduced by your at-fault percentage.
Q:How much compensation will I receive?
A:It is impossible to calculate exactly how much compensation you will receive without looking into your situation. Your final award amount will depend on the severity of your injuries. Discussing your case with us can give you a better idea of what to expect on your road to recovery.
Thank you for being so kind and completely sympathetic to my case!- Jazzie D.
They took care of me!- Gabi O.
Pacific Workers' Comp is one of the best places to get help from when you need help with an injury from work!- Lamar B.
Bilal is very professional, caring and committed to his clients!- Guy H.
The most down to earth team I have ever met!- Nekealla C.
PWC has provided me with exceptional care!- Jaaziel B.