Car crashes happen every day in California, and come in many forms, including rear end, t-bone, sideswipe, and head-on collisions. No matter how you are hit, one thing is true: even at low speeds, a car crash can cause serious injuries throughout your body. Common injuries in a car crash include neck and back disc herniations, knee and shoulder tears, and concussions.
In California, you may have a case against the driver of the other vehicle, if you can prove (1) the other driver was negligent, or at fault for, the crash, (2) that your injuries were caused by the collision, and (3) the extent of your damages.
LIABILITY: In some cases, liability might be simple- for example, if you were rear ended, it is typically the fault of the back vehicle for failing to stop before hitting your vehicle. In others, such as left turn cases, liability is a little more intricate, and involves understanding whether the vehicle proceeding straight was trying to rush a yellow light, or whether the left turning vehicle failed to yield.
KTL takes an aggressive approach to proving liability, by working up the case from the start. Our team interviews witnesses, gathers photo and video evidence, and reviews traffic collision reports early on while the memory of the crash is fresh. This allows us to capture as much evidence as possible and commandeer the evidence to understand how the collision occurred.
CAUSATION: Establishing causation of injuries from the crash can also be simple, where it is clear that the injuries were caused by the collision. For example, if you have bruising from your seatbelt, these injuries are clearly visible and obviously resulted from the crash when your seatbelt tightened across your abdomen. Other injuries, such as spinal injuries, are not visible to the naked eye immediately after a crash, and in order to prove they were caused by the collision, a thorough understanding of the spinal mechanics and medical records is needed. Proving causation can be even more complex where you have pre-existing injuries to the same body part, making you an “eggshell”. In other words, your pre-existing conditions make you more susceptible to further harm.
At KTL, our team understands the medicine behind injury causation. We have had significant success on cases where our clients have pre-existing injuries to the same body parts, by establishing through the medical records how their symptoms changed after the crash. By gathering all medical records early on, we are able to stay ahead of the defense and anticipate their every argument against injury causation.
DAMAGES: After proving liability and causation, it is time to turn to damages. In a civil case, damages can encompass not only the medical bills incurred through treating your injuries, but also the wages you lost from not working, anticipated future medical bills and lost wages, as well as damages for pain and suffering based on having gone through the crash and enduring your injuries. While medical bills and lost wages are easily proven through records showing the amounts, pain and suffering damages are personal and vary from case to case.
KTL works closely with clients in order to fully understand what the client has gone through since the crash. By learning our clients’ stories, we are able to act as their advocates when discussing the case with insurance adjusters and defense attorneys, as well as when presenting to jurors in trial.
If you have been injured in an automobile accident, the attorneys and staff at KTL are ready to help. With our expansive knowledge on car crash cases, our team is able to work on your case from all angles.