An auto accident, regardless of its severity, can be a very traumatic experience. After the Emergency Room visit, the victim has many questions.  Who will pay form my mounting medical bills? Do I file a claim? When should I file a complaint? Against whom should I file my personal injury claim? Should I trust the insurance adjuster who keeps calling me with questions about an accident I did not cause? 

The process of a motor vehicle accident claim can be very daunting. While you undergo medical treatment for your injuries, the mounting medical bills, often combined with a loss of earnings, puts a lot of stress on you and on your family.

Consulting with an experienced Personal Injury attorney as soon as possible is crucial for understanding your rights in connection with your personal injury claim. Waiting too long on seeking legal advice may lead to loss of evidence and ultimately jeopardize your claim.  

What is The Law on Auto Accidents?

Under California law, the “rules” of the road are very simple: a driver of a motor vehicle is bound to use reasonable care to anticipate the presence on the streets of other persons having equal rights with himself to be there. Put another way, motorists must use reasonable care in driving a vehicle. They need to keep a lookout for pedestrians, obstacles, and other vehicles. They must also control the speed and movement of their vehicles. The failure to use reasonable care in driving a vehicle is negligence.

I Was Hit by a Car. Now What?

The investigation of a motor vehicle accident starts with a thorough inspection of the site where the accident occurred. No matter how complete and detailed the traffic accident report appears to be, inspecting the location where the accident occurred by a personal injury attorney is crucial in the investigation of an accident-related personal injury claim. Only a trained legal eye can check for camera that could have captured the accident, identify potential eyewitnesses or check for traffic signage that may be relevant in evaluating liability. The investigation must commence as soon as possible to avoid loss of evidence. For example, if a security camera system, mounted outside a nearby business, has captured the accident, securing a copy of that video footage should be attempted immediately. The passing of time will cause a crucial video footage of the accident to be overwritten by new surveillance video and therefore lost. 

Traffic on the bay bridge

What Type of Injury Claim Can I File? 

A car accident is a traumatic event that inevitably causes injuries. The mere fact that a person was involved in an accident, due to no fault of his own, causes infliction of emotional distress at the hand of the at-fault driver. This, in and of itself, is a viable personal injury claim which entitles the victim to compensation. When the injuries suffered are more severe, e.g., concussion, traumatic brain injury, fractures, loss of limb, spinal injuries, etc., it is crucial that the victim hires an experienced personal injury attorney for legal guidance and representation. 

Can I Handle My Personal Injury Claim on My Own?

Attempting to handle a personal injury claim, without having at least some insurance claim handling experience, is a losing proposition. Insurance adjusters are trained in resolving personal injury claims for cheap. Their primary goal is to “close the claim file” as fast as possible and by paying the lowest settlement amount possible. Insurance companies are corporations and work for profit, their profit – not yours. Without the assistance of an experienced personal injury attorney you cannot determine whether the “top” settlement offer the insurance adjuster is extending to you, represents a fair and just compensation you are entitled to.

How Can a Personal Injury Attorney Help Me? 

Having an attorney represent you in your personal injury claim against an insurance company will maximize your recovery. The attorney will counsel and guide you through the personal injury claim process and will make sure that you receive the fair and just compensation you are entitled to. 

In a motor vehicle accident case, I personally inspect the location of the accident, identify all responsible parties, explore all potential theories of legal liability, and uncover all sources of financial responsibility.  My goal is to have all the facts as early as possible, weave them with the applicable legal theories and pursue my client’s personal injury claim in the most expeditious and efficient way. In the process, I keep my client informed every step of the way. 

As a plaintiff’s attorney, I handled and resolved hundreds of motor vehicle accidents. My past experience as a defense attorney on numerous and diverse personal injury cases  allows me to objectively evaluate a car accident case and effectively pursue the relative personal injury claim against the at-fault insurance company, with the goal of making sure my client receive the just and fair compensation he or she is entitled to. I also understand the mind-set of defense attorneys, their defense arguments, their discovery tactics, and I know when they are ready to entertain good faith settlement negotiation, or to try the case in a court of law. 

If you have been injured in a motor vehicle accident and have questions regarding your personal injury claim, contact me for a free consultation, call my office at (510) 933-8335 or email me at

Disclaimer: THIS ARTICLE IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE LEGAL ADVICE OR CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN THE AUTHOR AND ANY PERSON. Your rights and experiences may vary. Never use an online article (including this one) to evaluate your legal claims. Speak with an experienced lawyer promptly to obtain a personalized evaluation of your claims, possible damages, and options. You may lose or compromise your rights if you delay in consulting with or retain legal counsel.