Oxnard Car Accident Lawyers

Common Types of Car Accidents in Oxnard

In Oxnard, the variety of car accidents reflects the dynamic traffic conditions of the area. Among the most common types of accidents encountered are:

Hit and Run Accidents: Under California Vehicle Code 20002, hit-and-run incidents are criminal offenses where a driver leaves the scene without providing their details after causing property damage or injuries. Conviction of this offense can lead to penalties including jail time and/or fines, depending on the severity of the accident and injuries. Key elements for conviction include:

• The involvement of the defendant in an accident.
• The accident resulting in property damage or injury.
• Knowledge of the defendant about the accident and the resulting damage.
• Failure of the defendant to stop and provide their information.

Rear-End Collisions: Read end fender benders account for about 30% of traffic accidents each year according to the National Highway Traffic Safety Administration (NHTSA). The driver who collides with the vehicle in front is typically found at fault due to reasons like:

• Following too closely (tailgating)
• Distracted driving
• Exceeding speed limits
• Driving in hazardous conditions

Side Impact Crashes: Also known as T-bone accidents, these occur when one vehicle hits the side of another, creating a ‘T’ shape at the point of impact. These accidents often result in a range of mild to severe injuries, including:

• Head and neck injuries
• Back trauma
• Pelvic and abdominal area injuries
• Chest injuries

Common Causes of Car Accidents in Oxnard

Oxnard’s bustling streets and traffic congestion contribute to a high frequency of car accidents. The primary causes of these incidents include:

• Reckless Driving: This behavior typically includes speeding and disregarding traffic laws which creates dangerous situations for all road users.
• Mobile Device Usage: Using phones for texting, calling, or other applications while driving leads to significant distractions from the road.
• Distracted Driving: Other activities that divert attention from driving like eating, drinking, or interacting with passengers.
• Driver Fatigue: Extended periods behind the wheel can lead to exhaustion which reduces the driver’s alertness and reaction time.
• DUI (Driving Under the Influence): Operating a vehicle under the influence of alcohol or drugs, especially with a blood alcohol concentration (BAC) of 0.08% or higher, is illegal and highly dangerous.
• Rubbernecking: Drivers focusing on external distractions like accidents or unusual occurrences on the side of the road can lead to collisions.
• Vehicle Malfunctions: Issues due to faulty car parts, wear and tear, or manufacturing defects including problems with tires, airbags, seatbelts, and engines.
• Poor Road Conditions: Accidents can occur due to inadequately maintained or constructed roads that present hidden hazards.
• Adverse Weather: Conditions such as ice, snow, or fog can significantly impair a driver’s ability to control their vehicle and maintain visibility.
• Construction Zones: These areas can be hazardous if not well-marked or if safety precautions are lacking.

Common Types of Car Accident Injuries

Car accidents, regardless of severity, can lead to a variety of injuries. These injuries are typically categorized as:

• Impact Injuries: These occur when the victim’s body hits parts of the vehicle during the crash.
• Penetrating Injuries: These happen when objects pierce the body like broken glass or metal fragments.

While some injuries from car accidents may heal with medical treatment, others might require extensive care and could lead to permanent disabilities. Common types of injuries include:

• Head Injuries: Includes injuries from the head striking the steering wheel, windshield, or windows which can lead to facial injuries, brain trauma, or internal bleeding.
• Traumatic Brain Injury (TBI): Involves damage to brain tissue and blood vessels from severe concussions or sharp debris in high-speed collisions.
• Chest Injuries: Can occur when the chest or upper body impacts the steering wheel or dashboard which can potentially cause bruised or fractured ribs, muscle strains, and internal injuries.
• Injuries to Lower Extremities and Limbs: Common injuries such as cuts, bruises, fractures, and dislocations to the legs, ankles, and feet due to the confined space in a vehicle during a collision.
• Soft Tissue Injuries: Includes whiplash, which involves stretching of neck and upper back muscles and ligaments as well as other injuries like contusions, sprains, and tendonitis.
• Spinal Cord Injury: Severe injuries that result in trauma to the spinal cord, which can potentially lead to varying degrees of paralysis.
• Broken Bones: Fractures can range from simple breaks needing casts to more complex compound fractures requiring surgical intervention.
• Burns: Result from exposure to fire, heat, chemicals, or electricity in vehicle fires and can range from minor to severe, often necessitating extensive recovery and treatments like skin grafting.
• Wrongful Death: Fatal injuries resulting from car accidents due to DUI, distracted driving, speeding, or failing to obey traffic signals, among other negligent behaviors.

Understanding California Car Accident Laws

For anyone involved in a vehicular incident in California, understanding the state’s car accident laws is essential for ensuring proper compensation and navigating the legal system effectively. Here are key aspects of these laws:

Statute of Limitations

• In California, victims of car accidents have two years from the date of the accident to file personal injury claims and three years to file for property damage.

Fault-Based Car Insurance System

• California operates under a fault-based system where drivers are required to have adequate insurance coverage. This includes:
  • Bodily injury liability: Minimum coverage of $15,000 per person and $30,000 per accident.
  • Property damage liability: Minimum coverage of $5,000.

Liability Laws

• Comparative Fault: In cases where both the plaintiff and the defendant share fault for an accident, each can be held proportionately liable.
• Apportionment of Fault: When multiple parties contribute to an accident, each party is financially responsible for their share of fault.

These laws are critical for anyone navigating the aftermath of a car accident in California, from filing claims to understanding insurance coverage and liability issues.

What to Do After a Car Accident?

Experiencing a car accident can be both traumatic and disorienting. Taking specific steps immediately afterward is crucial for protecting your legal rights and ensuring appropriate compensation. Here’s what you should do following a car accident:

1. Seek Medical Assistance: Prioritize health and safety first. If possible, get to safety or pull your vehicle over. Then address any injuries you or your passengers may have sustained. Call for medical help if necessary and provide a detailed account of the crash and your symptoms to medical personnel.
2. Report to Law Enforcement: Contact the police to report the accident. Their documentation in an official police report is a critical piece of evidence. Ensure you obtain a copy of this report for your records.
3. Collect Evidence: Gather as much information as possible at the accident scene. Take photos and videos of the crash, note contact details of those involved and any witnesses, and collect statements that could support your claim.
4. Avoid Admitting Fault: Be cautious about your statements at the scene. Avoid making any comments that could be interpreted as an admission of fault.
5. Consult a Car Accident Attorney: Seek advice from a seasoned car accident attorney. Experienced legal representation can guide you through the claims process and help maximize the compensation you deserve for your losses and injuries.

Common Mistakes Made After a Car Accident

It’s crucial to avoid certain errors that could negatively impact your legal case after a car accident. Common mistakes include:

• Failing to Provide Complete Information to Your Attorney: Withholding details can limit your lawyer’s ability to effectively represent you.
• Delaying Medical Attention: Immediate medical care is vital to properly document your injuries.
• Ignoring Medical Advice: Failing to follow your doctor’s prescribed treatment plan can negatively affect both your recovery and your claim.
• Choosing a Lawyer with Limited Experience: Selecting an attorney who lacks experience in car accident cases could hurt your claim.
• Not Being Fully Transparent About Previous Injuries: Concealing past injuries or legal issues from your lawyer can undermine your case.
• Underestimating the Severity of Your Injuries: Fully recognizing and communicating the extent of your injuries is essential for adequate compensation.
• Discussing Your Case Publicly: Sharing information about your case on social media or with others can compromise confidentiality.
• Communicating Directly with the Other Party’s Insurance: Engaging with the opposing insurance company without legal advice can lead to misstatements that could impact your compensation.

Understanding Your Car Accident Police Report

Obtaining your car accident police report is an essential step in advancing your claim. This report is a pivotal piece of evidence in any car accident lawsuit and is often viewed as one of the most crucial documents in such cases. It typically includes details such as:

• Exact location and time of the accident
• A detailed account of the accident, documenting any injuries sustained and property damage
• Contact details like names, addresses, birthdates, and driver’s license numbers of all involved drivers
• Insurance information for all parties involved, including names of insurance companies and policy holders with their associated policy numbers

To acquire a copy of the collision report, you can visit a California Highway Patrol (CHP) office or submit a CHP 190 form, the Application for Release of Information, along with your driver’s license. The cost of obtaining a CHP report can vary from $10 to $40, depending on the report’s length. This document is crucial for a comprehensive understanding of your accident and is invaluable for legal proceedings.

How Do You Prove Negligence & Liability in a Car Accident Claim?

In car accident claims, proving negligence and liability is essential. The injured party (plaintiff) must demonstrate that the other party (defendant) was negligent, thus causing the accident. This involves establishing four critical elements:

• Duty of Care: The plaintiff must show that the defendant had a duty to operate their vehicle responsibly and with regard to the safety of others.
• Breach of Duty: It is necessary to present evidence that the defendant failed to fulfill this duty of care. This breach could be an action or a failure to act that a reasonably prudent person would not have undertaken, knowing it could cause harm.
• Causation: There must be a direct link between the defendant’s breach of duty and the accident. The plaintiff needs to prove that their injuries and damages were a direct result of the defendant’s negligence.
• Proof of Damages: The plaintiff must detail and substantiate the losses incurred due to the accident including medical expenses, loss of income, and other related costs.

Compensation for Car Accident Victims in California

When preparing to file a claim for a car accident in California, it’s crucial to identify the appropriate types and amounts of compensation to include in your demand letter to the defendant. With the assistance of a car accident attorney, you can accurately outline the various damages and losses incurred. Common components of compensation in such claims include:

• Medical Expenses: Covers both current and anticipated future medical costs related to the accident.
• Disability Accommodations: Costs for temporary or permanent disability modifications may be claimed.
• Lost Wages: Compensation for income lost due to the accident including potential future earnings if your capacity to earn is affected.
• Vehicle Repair or Replacement: Costs for repairing or replacing your damaged vehicle.
• Pain and Suffering: Compensation for physical discomfort, mental anguish, and emotional distress resulting from the accident.
• Wrongful Death: Claims in cases where the accident results in a fatality.
• Substantial Life-Altering Damages: Compensation for significant changes to your lifestyle or capacity due to the accident.

No Win No Fee Contingency Policy

Mesriani Law Group has over two decades of experience in protecting victims of car accidents as well as employment and labor law violations in California.

In order to resolve this matter and help more people get the best compensation they deserve from the people who caused their injuries, pain and suffering, and losses, we decided to offer a “No Win No Fee” guarantee to all our clients. This means that you don’t have to pay us anything for our top legal services, regardless of the complexities of your claims, if we are not able to provide you with the justice you deserve.

We offer this because we are confident that our experience, expertise, and dedication will always translate to getting the maximum compensation you deserve. Call our top attorneys right away for any car accident-related concerns and we will provide you with the best legal service and personalized client care you deserve.

Free Consultation with a Mesriani Car Accident Lawyer

Mesriani Law Group is committed to assisting victims and their families who have suffered injuries, damage, or lost loved ones in car accidents in Oxnard. We handle the majority of auto accident cases on a No Win, No Fee basis. We only charge a fee if we successfully win your case and secure the maximum compensation you deserve. Call us now for a free consultation.