Car Accidents

We know that a car crash can turn your life upside down in an instant. The physical pain, emotional trauma, and financial stress that follow can feel overwhelming. The Schenk Law Firm is here to help you navigate this challenging time. Our attorneys provide experienced, personalized, and compassionate legal representation with a focus on getting you the justice and compensation to which you are entitled. Every case is unique, and we approach yours with the care and attention it demands.

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Why Choose The Schenk Law Firm?

We wrote the book on motor vehicle collisions in California: Partner Fred Schenk’s treatise on California motor vehicle collisions, “California Automobile Litigation Handbook” published by LexisNexis, is used by attorneys across the state to secure the most favorable outcomes for their clients.
Extensive Experience: Our attorneys have successfully represented countless car accident victims, securing favorable outcomes both in trial and through settlements, ensuring that justice is served. We have the experience needed to handle even the most complex cases.
Personalized Attention: Each of our clients has a unique story to tell. Our job is to understand and tell it. At Schenk Law, you’re not just another case. We take the time to understand your story and craft a legal strategy tailored to your specific needs. We stand with you every step of the way, providing the advocacy and support you need during this difficult time.
Comprehensive Investigations: When we take on your case, we begin by conducting thorough investigations to aggressively gather critical, relevant evidence including accident reports, witness statements, and analyses. This allows us to build a strong case and identify all liable parties, which can be used in negotiating a just settlement or while representing you in trial.
Relentless Advocacy: We relentlessly pursue justice for our clients. We will not rest until we have explored every reasonable avenue to maximize your compensation. Your recovery is our top priority, and we fight tirelessly to ensure your rights are protected and that you receive the maximum compensation available under the law. Our goal is to hold negligent parties accountable and secure the resources you need to recover for your losses.
No Upfront Fees: We believe that financial concerns should never prevent you from getting the legal help you need. That is why we work on a contingency fee basis. We take on all the upfront financial risks of litigation. You do not pay, and we are not compensated, until we recover for your losses, through either settlement or trial. This ensures that you can focus on your recovery without the burden of paying legal fees before your case is resolved.

Common Causes of Car Accidents

Car accidents can occur for various reasons, often involving negligence. Common causes include:

Distracted Driving: Activities like texting, eating, or using a GPS while driving.
Speeding: Driving above the speed limit or too fast for road conditions.
Drunk Driving: Operating a vehicle under the influence of alcohol or drugs.
Reckless Driving: Aggressive driving behaviors such as tailgating, weaving through traffic, and ignoring traffic signals.
Weather Conditions: Adverse weather conditions like rain, fog, or ice that make driving hazardous.
Roadway Design Defects: A roadway’s design may cause unreasonable hazards.

Steps to Take After a Car Accident

Taking the right steps after a car accident can significantly impact the outcome of your case:

Ensure Safety: Move to a safe location if possible and check for injuries.
Call 911: Report the accident and seek medical assistance if needed.
Collect Information: Exchange contact and insurance information with the other driver(s). Take photos of the scene, vehicle damage, and any visible injuries. Speak to eye witnesses and obtain their contact information.
Seek Medical Attention: Even if you feel fine, get a medical evaluation to document any injuries.
Avoid Speaking with the Responsible Party’s Insurance Companies: Consult with a lawyer before discussing the incident with the responsible party’s insurance representatives. Anything you say could be misrepresented by the insurance carrier.
Contact The Schenk Law Firm: Promptly reach out to our experienced car collision attorneys to discuss your case and all of your legal options. Depending on your individual circumstances, California law may limit the amount of time you have to file a claim or lawsuit.

Proving Your Car Accident Claim

To secure compensation in a car accident claim, it’s crucial to prove that the other party’s negligence caused the accident. This involves establishing four key elements:

Duty of Care: The defendant had a legal obligation to operate their vehicle safely. All drivers are required to exercise reasonable care to prevent harm to others on the road.
Breach of Duty: The defendant failed to uphold this duty of care. This breach can be demonstrated through evidence such as witness statements, photographs, video footage, and police reports.
Injury: You must show that you sustained injuries as a direct result of the accident. This can be substantiated with medical records, bills, family, and testimony.
Causation: It must be shown that the defendant’s breach of duty was a substantial factor in causing your injuries. In other words, the accident and your resulting injuries would not have occurred if not for the defendant’s negligence.

(California Civil Jury Instructions No. 400)

California’s Comparative Negligence Law

California’s comparative negligence law allows you to recover compensation even if you were held partially at fault for the accident. Under our system, your compensation is reduced by the percentage of fault assigned to you. For instance, if you are found to be 30% at fault and your total damages amount to $100,000, you would receive $70,000. This system ensures that you may still seek justice even when fault is shared.

Types of Car Accident Cases We Handle

The Schenk Law Firm has over 45 years of experience handling a wide range of car accident cases, including:

DUI Accidents: Drunk drivers pose a serious threat on our roads. Our attorneys help victims of DUI accidents pursue the compensation they need for medical expenses, lost wages, and more.
Rideshare Accidents: Accidents involving rideshare services like Uber and Lyft can be complex. We navigate these complexities and fight to hold the responsible parties accountable.
Truck, Bus, and Commercial Vehicle Accidents: Accidents involving large commercial vehicles often result in severe injuries. Schenk Law has more than four decades of experience to take on powerful trucking companies and ensure you receive the compensation to which you are entitled.
Pedestrian, Bicyclist and Scooter Accidents: Pedestrians, cyclists, and scooter riders are particularly vulnerable on our roads. We advocate for these victims, ensuring they receive the compensation necessary for their recovery.
Single-Vehicle Accidents: Not all single-vehicle accidents are the driver’s fault. We investigate factors such as road conditions and vehicle defects to identify the responsible parties and pursue compensation on your behalf.
Distracted Driving Accidents: Distracted driving is a leading cause of accidents. We hold negligent drivers accountable, ensuring that victims receive the compensation they need to move forward.
Teenage Driver Accidents: Teenage drivers are more prone to accidents due to inexperience. We represent victims of these accidents, ensuring their rights are protected and that they receive fair compensation.

Injuries Associated with Car Accidents

Car accidents can lead to a wide range of injuries, some of which may have long-lasting or permanent effects. Understanding the nature of these injuries is essential for building a strong case and ensuring you receive the compensation you deserve. Common injuries include:

Soft Tissue Injuries: In rear-end collisions, soft-tissue injuries commonly occur when the neck violently whips back and forth. It can cause significant pain, stiffness, and reduced mobility, with symptoms that may persist for months or longer.
Severe Bone Fractures: Car accidents often result in broken bones, ranging from minor fractures to severe breaks requiring surgery. Recovery can be lengthy, involving immobilization, physical therapy, and sometimes permanent disability.
Head Injuries (TBIs): Traumatic brain injuries are among the most serious outcomes of car accidents. Even a mild concussion can create lasting cognitive effects, while more severe TBIs can lead to permanent brain damage and lifelong disabilities, affecting both victims and their families. Schenk Law has decades of experience representing brain-injured victims, from former NFL players to those injured in car accidents and on the job injuries.
Spinal Cord Injuries: Damage to the spinal cord can result in partial or complete paralysis, loss of sensation, and other serious complications. These injuries often require lifelong care and can dramatically alter a person’s life.
Back Injuries: Herniated discs, fractures, and muscle strains are common back injuries resulting from car accidents. These injuries can cause chronic pain and may require extensive treatment, including surgery.
Disfigurement: Severe lacerations, burns, and road rash can lead to permanent scarring or disfigurement. The physical and emotional impact of these injuries can be profound, often requiring cosmetic surgery and psychological support.
Burn Injuries: Burns from car accidents, often due to fires or explosions, can cause severe pain, permanent scarring, and long-term medical treatment. The emotional trauma associated with burn injuries can also be significant.
Internal Injuries: Damage to internal organs such as the liver, spleen, and lungs may not be immediately apparent but can be life-threatening if not treated promptly. These injuries often require emergency medical intervention.
Emotional Distress: The psychological impact of a car accident can be just as debilitating as physical injuries. Victims may suffer from PTSD, anxiety, depression, and insomnia, requiring professional mental health treatment.

Who is Liable in a Car Accident?

Determining liability in a car accident can be complex and may involve multiple parties. Schenk Law conducts thorough investigations to identify all responsible parties and ensures they are held accountable. Potentially liable parties include:

The Other Driver: Often, the driver who caused the accident is held responsible. This can include cases involving distracted driving, speeding, or driving under the influence. If the other driver was employed and driving while on the job, their employer may be held liable for damages.
Third Parties: In some cases, another party not directly involved in the accident may share liability. This could include a company responsible for road maintenance, a vehicle manufacturer in cases of defective parts, or another entity whose actions contributed to the accident.
Government Entities: If your accident involved a government vehicle or occurred due to poorly maintained roads, a government entity might be liable. Claims against government entities have specific rules and deadlines, making it crucial to have experienced legal representation.
Your Insurance Company: In situations where the at-fault driver is uninsured or underinsured, you may need to file a claim with your own insurance company under your uninsured/underinsured motorist coverage. Having legal representation is essential to navigate your insurer’s claims process and ensure they do not minimize your payout.

Insurance Company Negotiations

Dealing with insurance companies can be one of the most challenging aspects of a car accident claim. Insurance adjusters often aim to minimize payouts, offering settlements that are far below what you deserve. The Schenk Law Firm takes on the burden of negotiating with insurance companies on your behalf. Our decades of experience allow our attorneys to calculate the full value of your claim, ensuring that you only accept a settlement that fairly compensates you for your injuries and losses.

The Role of Uninsured & Underinsured Motorist Coverage

If you have been injured in a car accident in California, there is a 1 in 6 chance that the other driver was uninsured. And even if they had insurance, there is a high likelihood it was only the minimum coverage — often too low to cover serious injuries or extensive property damage. This is where Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage step in to protect you.

Length of Time to Resolve Your Car Accident Case

The time it takes to resolve a car accident case can vary based on several factors, including the complexity of the case, the extent of your injuries, and the willingness of the insurance company to settle. Schenk Law prioritizes giving each case the attention it deserves, ensuring that we pursue the maximum compensation for you, whether through settlement, arbitration, or trial.

Compensation for Car Accident Victims

Victims of car accidents may be entitled to various types of compensation, which aim to cover the full spectrum of losses and damages incurred as a result of the accident. These compensations include:

Medical Expenses: This encompasses all medical costs related to the accident, both immediate and long term. It includes emergency room visits, hospital stays, surgeries, doctor visits, prescription medications, physical therapy, and any necessary rehabilitation. Additionally, compensation may cover costs for future medical care and ongoing treatments.
Lost Wages: If the injuries from the accident prevent you from working, you may be entitled to compensation for the income lost during your recovery period. This includes not only the wages you’ve missed but also potential future earnings if your injuries result in long-term or permanent disability that affects your ability to work.
Pain and Suffering: Beyond the tangible financial losses, car accidents often lead to significant physical pain and emotional distress. Compensation for pain and suffering takes into account the physical discomfort, chronic pain, and limitations on your daily activities.
Property Damage: This covers the costs associated with repairing or replacing your vehicle and any other personal property that was damaged in the accident, such as electronics, clothing, and valuable items within the vehicle.
Loss of Consortium: If the accident has impacted your relationship with your spouse or family, you may be entitled to compensation for loss of consortium, recognizing the loss of companionship, affection, and support.
Diminished Quality of Life: If the injuries have led to a permanent reduction in quality of life, you may be entitled to compensation for the inability to participate in activities you once enjoyed.
Disability and Disfigurement: For cases resulting in permanent disability or disfigurement, additional compensation may address the long-term impacts on your personal and professional life.
Future Financial Losses: Includes anticipated financial losses such as reduced earning capacity, long-term care costs, and expenses for adapting your home or vehicle to accommodate a disability.
Punitive Damages: In cases of reckless or egregious conduct, the court may award punitive damages to punish the wrongdoer and deter similar behavior in the future.

FAQS

1. What should I do immediately after a car accident?

Ensure safety, call 911, collect information, and seek medical attention. Avoid speaking to the responsible party’s insurance company before consulting an attorney. Contact The Schenk Law Firm for guidance.

2. How long do I have to file a car accident claim in California?

California law generally allows two years from the date of the accident to file a personal injury claim. Claims against government entities may have shorter deadlines. Consult an attorney promptly.

3. What compensation can I recover after a car accident?

You may be entitled to compensation for medical expenses, lost wages, pain and suffering, property damage, and other losses.

4. How does California’s comparative negligence law affect my claim?

Even if you are partially at fault, you can still recover damages. Your compensation will be reduced by your percentage of fault. For example, if you are 30% at fault, you can recover 70% of your damages.

5. Why should I choose The Schenk Law Firm for my case?

We offer:
Decades of Experience: Successfully representing car accident victims for over 45 years.
Personalized Attention: Tailored legal strategies for every client.
No Upfront Fees: You only pay if we recover compensation for you.

6. What if the at-fault driver doesn’t have insurance?

You may recover compensation through your uninsured/underinsured motorist coverage. We help navigate this process to secure a fair payout.

7. How do I contact The Schenk Law Firm?

Contact us for a free consultation to discuss your case and explore your legal options. We are ready to fight for your rights and the compensation you deserve.