Hurt in a Car Accident? Here's Who Handles What

Accident lawyers and personal injury lawyers handle car accident claims

Lawyers who handle car accident claims are usually called accident lawyers or personal injury lawyers. Both terms describe lawyers who represent people hurt because someone else acted carelessly.

So, what type of lawyers deal with car accidents? Accident and personal injury lawyers do. The title matters less than whether the lawyer handles the kind of crash and injury you’re dealing with.

These claims are usually about compensation, not criminal charges. The injured person, or certain family members after a death (such as a surviving spouse, domestic partner, or children), seeks money for losses caused by the crash. A criminal case against a driver is a separate matter.

The core idea is simple.

A car accident lawyer is one type within a wider group. Colvin Accident Lawyers, based in Bakersfield, California, handles car, truck, motorcycle, bicycle, pedestrian, bus, dog bite, premises liability, wrongful death and catastrophic injury claims.

Matching the lawyer to the vehicle involved

A car accident lawyer handles crashes between passenger vehicles. Other accident lawyers focus on trucks, motorcycles, bicycles, pedestrians and buses.

Car crashes often involve rear-end, intersection or lane-change collisions. California law says a driver shall not follow another vehicle more closely than is reasonable and prudent. Speed rules work the same way, under Vehicle Code § 22350. Rear-end cases often turn on following distance. Fault still depends on the facts of each crash.

Truck crashes involve commercial vehicles. More than one company or driver may be involved, so the claim can be more complex. The lawyer may need to look past the driver to the other parties.

Motorcycle riders have less protection than people in a car. Their injuries are often more serious, so these claims call for careful medical documentation.

Bicycle and pedestrian claims follow specific rules. But Vehicle Code § 21954 says drivers still owe due care to pedestrians.

Bus accidents can hurt passengers and other road users. The claim may involve the bus operator, the company that runs the bus, or other drivers.

When the injuries are catastrophic or a death occurred

Catastrophic injury lawyers handle severe, long-term injuries. Examples include brain injury, spinal cord injury and amputation. These cases often need detailed medical records and plans for future care.

Wrongful death lawyers handle claims after a crash causes a death. Code of Civil Procedure § 377.60 says the claim may be brought by certain family members. These include a surviving spouse, registered domestic partner, children and children of deceased children. If there are no surviving children or descendants, the people who would inherit under intestate succession may bring the claim. Some dependent relatives may also bring it. The decedent’s personal representative can file on their behalf.

Families often face hard decisions sooner than they expect. Funeral plans, medical bills and insurance calls can arrive at the same time. A lawyer can help you sort out which claims exist and who may bring them.

Catastrophic and death cases also raise time limits. Acting early helps protect the claim.

What a car accident lawyer does with a claim

A car accident lawyer investigates the crash and gathers the records. The lawyer also handles the insurance side, so the injured person can focus on recovery.

In most cases, the work includes these steps:

• Reviewing the police report, photos, vehicle damage and witness information
• Collecting medical records and bills
• Communicating with insurance companies
• Preparing a written demand letter
• Negotiating with the insurer
• Filing a lawsuit when a settlement is not reached

Timing is a major factor. California generally gives two years to file a personal injury lawsuit. Code of Civil Procedure § 335.1 covers actions for injury caused by another’s wrongful act or neglect.

Medical bills can also affect a claim.

Insurance limits matter too. The California Department of Insurance lists the state’s minimum auto liability limits as $30,000/$60,000 for bodily injury and $15,000 for property damage. Those minimums can fall short of serious medical costs.

Evidence, insurance calls and how fault is decided

Early evidence helps show what happened. Photos of the scene and vehicles are useful. So are the names of witnesses and dates of medical visits. Keep receipts and written notes too.

Insurance adjusters often ask for a recorded statement. Anything you say can be used later in the claim. Keep your answers short and factual. Don’t guess about speed, distance or injuries.

Fault is also divided among defendants. Civil Code § 1431.2 limits each defendant’s share of non-economic damages to its percentage of fault in personal injury, property damage, or wrongful death actions based upon principles of comparative fault. Non-economic damages cover losses like pain and emotional distress.

Talking with a lawyer about your own crash

You may be hurt. You may be caring for someone who is. You may be facing a loved one’s death. That is a hard place to be, and you don’t need every answer before you call.

A first conversation usually covers the crash, the injuries, the vehicles involved and key dates. Bring what you have, such as photos, the police report number and medical visit dates.

Colvin Accident Lawyers offers a free first consultation. It is confidential and carries no obligation to continue.

If you want to talk through what happened, contact Colvin Accident Lawyers.