In Oakland, where freeways and interstates weave through urban landscapes, the unfortunate reality of car accidents is an ever-present concern. Navigating the intricate web of roads, including the notorious I-580, I-880, and the often congested I-980, can be a daunting task. As residents and commuters deal with the complexities of Bay Area traffic, they can become victims of car crashes. These accidents can have life-altering consequences. Having an experienced Oakland car accident lawyer is not just advisable — it’s a necessity.
If you or a loved one suffered injuries in an Oakland car accident, a trusted Oakland car accident lawyer from Wilshire Law Firm can help you seek justice against the driver who harmed you and recover the compensation you need and deserve.
Why Choose Wilshire Law Firm for Your Car Accident Claim?
Wilshire Law Firm is an award-winning personal injury law firm providing specialized legal assistance to clients in Oakland and across California. Our primary goal is to recover the maximum compensation for each and every one of our deserving clients. Through the years, our team of personal injury lawyers has successfully recovered over $1 billion in verdicts and settlements for our clients. Contact us today for a free consultation to discuss your car accident case, and see why our team of over 500 legal professionals sets a new standard in legal services.How Common are Car Accidents in Oakland?
Car accidents happen every day here in Oakland and throughout the rest of the country. On average, there are 6 million car accidents in the U.S. every year, and more than 90 people die in auto accidents daily. California Department of Motor Vehicles statistics show that almost 27 million people have driver’s licenses. There are over 1 million cars on the roads in Alameda County, and Oakland, the largest city in the county, has over 2,000 miles of roadways. Oakland is a bustling city, but unfortunately, it’s also a city where car accidents are quite common. Some accidents are minor fender benders or other less serious collisions. But in the city of Oakland alone, on average, 29 people are killed in car accidents, and 105 more are severely injured every year. Car accidents appear to be on the rise throughout the state of California, increasing roughly 13 percent year over year.What are the Common Types of Car Accidents in Oakland?
In California, among the top causes of car accidents are reckless or negligent driving. Alcohol use also contributes significantly to car accidents. Nationally, 29 percent of the overall auto accident fatalities in the United States involve alcohol-impaired driving. One in three traffic deaths includes a drunk driver, and in California, between 2003 and 2012, over 10,000 people lost their lives in accidents involving a drunk driver, according to the Centers for Disease Control. Let’s take a closer look at the most common types of motor vehicle accidents in Oakland, California:- Rear-end collisions
- Side-impact crashes
- Rollovers
- Head-on collisions
- Single vs. multi-vehicle car crashes
- T-bone crashes
- Low-speed contact car collisions
- Large truck accidents
- Collisions at intersections
Do I Have a Car Accident Claim?
Negligence is a legal concept that forms the basis for many personal injury claims, including those related to car accidents. To establish a successful car accident claim based on negligence, the following four elements generally need to be proven:- Duty of Care: The plaintiff (injured party) must demonstrate that the defendant (the other driver) owed them a duty of care. In the context of driving, this duty of care is usually established by demonstrating that all drivers have a responsibility to operate their vehicles in a reasonably safe manner.
- Breach of Duty: The plaintiff must show that the defendant breached the duty of care owed to them. This involves proving that the defendant’s actions or omissions fell below the standard of care expected in the circumstances. For example, a breach could occur if the defendant was speeding, ran a red light, or engaged in other reckless behavior.
- Causation: There must be a direct link between the defendant’s breach of duty and the injuries suffered by the plaintiff. The plaintiff needs to show that the defendant’s actions were the proximate cause of the accident and resulting harm. This includes establishing that the injuries would not have occurred “but for” the defendant’s negligent conduct.
- Damages: The plaintiff must have suffered actual harm or damages as a result of the defendant’s breach of duty. This can include physical injuries, property damage, medical expenses, lost wages, pain and suffering, and other measurable losses. Without demonstrable damages, it is challenging to pursue a negligence claim.
What Damages May a Car Accident Victim Be Eligible For?
If you were involved in an automobile accident because another driver was inexperienced, negligent, or just plain reckless, you might be entitled to compensation for injuries, damage to your property, loss of income, and/or pain and suffering. Financial compensation — known as “damages” — depends on the circumstances related to your accident. Our Oakland car accident lawyers have the experience and resources to help your car accident claim and work with an insurance company, whether you suffered a brain injury, spinal cord injury, or any other personal injury or were involved in a fatal accident. You may be able to file a wrongful death claim, or otherwise hold those responsible for your injuries accountable. It’s important to note that there are different types of damages that may be available to car accident victims. These include:- Medical Expenses: Compensation for the cost of medical treatment, including hospital bills, surgeries, medications, rehabilitation, and other necessary medical services.
- Property Damage: Reimbursement for the repair or replacement of the damaged vehicle and any other property that was damaged in the accident.
- Lost Income Earnings: Compensation for income lost due to the inability to work during recovery. This may include past and future lost wages.
- Pain and Suffering: Damages awarded for the physical and emotional distress experienced as a result of the accident and injuries. This category is less tangible and can encompass a variety of non-economic losses.
- Emotional Distress: Compensation for psychological harm, such as anxiety, depression, and trauma, resulting from the accident.
- Permanent Disability or Disfigurement: Damages for long-term or permanent injuries that result in a disability or disfigurement, affecting the victim’s quality of life and earning capacity.
- Loss of Consortium: Damages awarded to compensate the spouse or family for the loss of companionship, support, and services of the injured party.
- Wrongful Death Damages: As the name suggests, these damages provide compensation for the expenses associated with the sudden wrongful death of a loved one due to an accident. These include funeral expenses, any medical bills the deceased incurred as a direct result of the accident, and the loss of the deceased’s financial contributions to their household.
Who May be Held Liable in a Car Accident Case?
Liability is one of the most complex aspects of any Oakland automobile accident injury claim. Proving fault in these types of personal injury cases can be hard, depending on the details of your car accident claim. Often, it is not clear who was at fault for an automobile accident, truck accident, or Uber accident. California is considered an at-fault state and has a series of laws to help determine how to handle these claims, which means that car accident injury victims must prove that another party was liable in order to recover compensation. The following parties may be held liable for an Oakland car accident:- The driver of the vehicle that caused the accident
- The registered owner of the vehicle
- The car manufacturer
What Should I Do After a Car Accident to Help Support My Claim?
Car accidents happen; it’s what you do afterward that counts. Life comes at you fast. Sometimes, faster than you ever imagined. The decisions you make in the immediate aftermath of your auto accident and months after will have an everlasting effect on your daily life. You need to:- Seek medical attention
- Call the police and file a report
- Exchange information with the other driver(s)
- Insurance policy
- Name, address, phone number
- Information about the vehicle they were driving
- Talk to any witnesses
- Contact an Oakland car accident lawyer from Wilshire Law Firm
