Front-End Car Accidents in Bakersfield

Donald Colvin, Esq

Front-end crashes, sometimes referred to as head-on collisions, are very dangerous due to the amount of force generated by motor vehicles. If you were injured in front-end car accidents in Bakersfield, you could potentially have legal recourse.

Reach out to the trusted auto accident attorneys at Colvin Accident Lawyers to learn more about your options for moving forward. Our team is ready to help.

Front-End Crashes Caused by Negligence

An injured person’s ability to win a personal injury lawsuit from a front-end crash will depend on whether they can prove the necessary elements of a negligence claim. The injured motorist must establish that the allegedly at-fault party owed them a duty of care. Additionally, the defendant must have breached this duty.

A Bakersfield attorney could review an injured party’s front-end car wreck case to identify factors that can prove a driver breached their duty of care. For example, evidence that a driver violated state traffic laws, such as driving at an excessive speed, can help show a breach. The breach must also have also caused damages, which can take the form of economic or noneconomic damages.

An injured motorist can recover damages for their economic losses such as medical bills, lost salary or wages, lost capability of future earnings, and property damage. A person can also recover noneconomic damages for factors such as emotional anguish, disfigurement, lost consortium with a partner, and other negative effects of a long-term or permanent disability.

Injured people must also file their lawsuits within the applicable statute of limitations. For personal injuries, Cal. Code Civ. Proc. § 335.1 stipulates that the plaintiff must file their claim within two years from the date of the injury. The statute does not begin to toll for children until they reach the age of 18.

Injured Motorist’s Negligence Can Limit Monetary Recovery

Since many car accidents are caused by more than one person’s negligence, determining fault is not always a straightforward analysis. In situations where more than one party is at fault, the state follows the rule of pure comparative negligence.

The state’s adoption of the pure comparative negligence doctrine means an injured party can still recover damages even when they contributed to the accident. However, the plaintiff’s recovery is limited under the doctrine in proportion with their percentage of responsibility. For example, a person who is 60 percent at fault can recover up to 40 percent of the damages sought. The state does not prohibit someone from recovering damages even when they are 99 percent responsible for the incident.

A Front-End Collision Lawsuit Survives a Victim’s Death

Given the danger involved in front-end collisions, it is important to highlight that a person does not lose their negligence claim upon their death. The state’s wrongful death statute under Cal. Civ. Code § 377.60 permits their surviving relatives to file the negligence claim on their behalf.

The statute allows a deceased victim’s surviving spouse, children, domestic partner, grandchildren, or parents to bring the claim. Additionally, the administrator of the decedent’s estate can file the action on behalf of their heirs.

Connect With a Bakersfield Attorney to Discuss Front-End Collisions

Considering the increased danger presented by head-on collisions, you should contact a lawyer immediately if you were involved in a front-end car accident in Bakersfield. Let us give you the personal attention you and your case deserve.

Our team could discuss the specific facts of your situation and the best evidence to prove your claim. Call Colvin Accident Lawyers today.