Experienced Car Accident Attorney
What To Do Immediately After a Car Accident?
Hoybjerg’s Law Firm Process
Overview of the Car Accident Settlement Process
Hoybjerg Law is an experienced car accident attorney representing car accident claims with common injuries, severe injuries, or wrongful death.
While each car accident lawsuit is different, our car accident lawyers follow a proven legal process to achieve results.
Free Initial Consultation
The aftermath of a car crash can be disorienting, with insurance companies rushing you to settle, especially if you or a loved one suffered a severe injury. Our free consultation will allow you to get to know our law firm, and we’ll listen to your concerns and answer your questions. Our philosophy is that if we don’t win, you don’t pay, and that’s reflected in our free consultation.
Investigate The Accident
We obtain the police report about your accident, examine photos and videos from the crash scene where the accident happened, and speak to relevant witnesses. When we have established liability, we begin to build your personal injury claim.
Build Your Claim
We want you to receive the care you need to live your life as close to how you did before the car accident. When there is nothing more doctors can do, we help you gather your medical records, medical bills, and other medical expenses incurred. It’s important to seek us out as early as possible so that you receive treatment and build your claim before the two-year statute of limitations to file a personal injury lawsuit.
Negotiate A Settlement
We will send out a demand package – a collection of all the medical bills and documents that illustrate your injuries, wage loss, etc., since the car accident – to the at-fault party’s insurance company. Paul Hoybjerg and his team will negotiate in your best interest to ensure you receive a fair offer.
Litigate Your Case
While we hope to settle, there are times when your auto accident claim must go to court. Our team will aggressively represent you and pursue an outcome in your best interest.
Testimonials
Frequently Asked Questions About Car Accident Claims
To recover damages in a personal injury case in California, you need to prove negligence:
The defendant owed the plaintiff a duty of care. Duty of care is the legal obligation for people to use reasonable care to avoid injuring others.
The defendant breached such duty through negligence.
The defendant’s negligence was a substantial factor in the harm caused. The substantial factor test is a legal principle used to determine if someone else’s conduct was the proximate cause of the injury.
A person is negligent when they fail to act the way a reasonably careful person would in the same situation.
Call 9-1-1 immediately to report the collision to the police or the California Highway Patrol (CHP). Talk to everyone in your vehicle to assess any injuries and inform the 9-1-1 operator while you report the accident.
According to California state law, you must move your vehicle off the street or highway if no one is injured or killed. If you do not move your vehicle or have it removed, police may have your vehicle removed or impounded.
If a drunk driver has hit you, it is essential that you call 9-1-1 immediately and alert the operator to your suspicion, as the evidence collected by officers at the scene will be necessary for your car accident case.
Do not admit fault. While apologizing to the other driver or accepting blame, entirely or partially, may seem polite or instinctual, admitting fault will seriously impact your ability to file a claim.
Many factors can contribute to car accidents, but some common causes include the following:
Distracted driving: Using a cell phone, eating, drinking, or engaging in other activities while driving can take a driver’s attention away from the road and increase the risk of a crash.
Speeding: Driving at high speeds increases the likelihood of a crash and makes it more difficult to control the vehicle.
Impaired driving: Driving under the influence of alcohol or drugs slows reaction times and impairs judgment, making it more likely that a crash will occur.
Fatigue: Driving while tired can slow reaction times and impair judgment, making it more likely that a crash will occur.
Weather: Poor weather conditions such as rain, fog, or snow can make it more difficult to see and make it harder to control the vehicle.
Poor road conditions: Poorly maintained roads, construction, and debris on the road can also contribute to car accidents.
Reckless or aggressive driving: This includes tailgating, cutting off other drivers, and running red lights, which can lead to accidents.
Lack of proper maintenance: Not properly maintained cars can have mechanical failures, which can lead to accidents.
It’s important to be aware of these common causes of car accidents and take steps to avoid them, such as avoiding distractions, driving at safe speeds, and avoiding impairment, to reduce the risk of accidents and injuries.
Most personal injury attorneys work for big law firms based in Los Angeles or the Bay Area. Paul Hoybjerg and his team live in the area they represent, ensuring Hoybjerg Law clients have a local advocate to negotiate with their own insurance company and the other party’s insurance company to reach a fair settlement.
Even in minor car accidents, it’s wise to consult a car accident lawyer. They help you navigate through the insurance claims process and protect you and your rights, ensuring you get fair compensation. Even a minor collision can lead to significant costs, including medical bills, property damage, and lost wages.
California follows a “pure comparative negligence” system, allowing you to recover damages even if you were partially at fault for a car accident. However, your compensation will be reduced by your percentage of fault. Consulting a California car accident lawyer can help you understand your rights and navigate this process.
Consult with an attorney before agreeing to give a recorded statement. Insurance companies may try to reduce your compensation, and anything you say could be used against you. Politely let them know you’ll be seeking legal guidance before proceeding.
In California, you have two years from the date of the accident to file a personal injury claim. If the claim is against a government entity, the deadline is shortened to six months.
A car accident lawyer can still assist you if you don’t have car insurance. However, under California law, being uninsured at the time of the accident may prevent you from recovering certain damages, like pain and suffering, even if you weren’t at fault.
A car accident lawyer can guide you through your options, which may involve suing the at-fault driver directly or filing a claim under your own uninsured or underinsured motorist coverage, if applicable.
In broad terms, an injured person can file a claim against the party who allegedly caused the injury through negligence. The lawsuit allows you to seek compensation, such as lost wages, medical bills/medical costs from medical treatment, and other pain and suffering costs.
If you believe your auto accident case is worth more than the insurance company offers, and the company’s representative indicates it’s unlikely the offer will increase during injury settlement negotiations, then you must take advantage of Hoybjerg Law’s free initial consultation.
California’s personal injury statute of limitations is two years, meaning if you or your loved one continues to suffer from injuries sustained during a car accident, you can file a lawsuit.
Do not cash a check or sign paperwork related to the injuries sustained in your car crash without legal guidance. Doing so may limit your ability to seek legal recourse.
Our personal injury attorney team can help you determine your lawsuit’s scope and options when you meet with him.
Types of Car Accidents
Rear-end Collisions
Occur when one vehicle crashes into the back of another, often due to sudden stops, distracted driving, or tailgating.
Side-impact Collisions
Also known as “T-bone” accidents, these happen when the side of a vehicle is struck, frequently at intersections or during improper lane changes.
Vehicle Rollovers
Typically involve high-impact or high-speed collisions, causing a vehicle to tip onto its side or roof, often seen in SUVs and trucks due to their higher center of gravity.
Head-on Collisions
Occur when two vehicles strike each other front-first, often resulting in severe injuries due to the high impact and combined speed.
Single-car Accidents
Involve only one vehicle, often due to losing control, swerving to avoid an obstacle, or hitting a stationary object, like a tree or guardrail.
Wrong-way Accidents
These happen when a driver travels in the opposite direction of traffic, leading to dangerous collisions, often head-on, with oncoming vehicles.
Self-Driving Car Accidents
Involve autonomous vehicles that may encounter malfunctions, software errors, or difficulties in detecting hazards, potentially leading to accidents.
Hit-and-run Accidents
Occur when a driver involved in an accident flees the scene, leaving the injured party without immediate help or contact information.
Uber/Lyft Accidents
Involve rideshare vehicles, where either the driver or passengers may be injured due to another driver’s negligence or rideshare company policies.
Taxi Accidents
Involve taxi drivers or passengers who may be injured in accidents resulting from taxi driver behavior, traffic conditions, or other motorists’ actions.
Common Causes of Auto Accidents
Occurs when drivers take their attention off the road due to phone use, eating, talking to passengers, or adjusting controls, significantly increasing accident risks.
Driving above the posted speed limit reduces reaction time and increases the force of impact in a crash, leading to more severe injuries and fatalities.
Alcohol, drugs, and certain medications impair judgment, coordination, and reaction time, making driving dangerous and often deadly.
Involves aggressive behaviors like tailgating, excessive lane-changing, and ignoring traffic laws, putting both the driver and others on the road at risk.
Disregarding traffic signals often leads to side-impact (T-bone) collisions, especially in intersections, where crossing traffic may be at high speeds.
Rain, fog, ice, and snow reduce visibility and make roads slippery, increasing the likelihood of losing control, skidding, or rear-ending other vehicles.
Fatigued drivers have slower reaction times, reduced awareness, and impaired judgment, often leading to accidents, particularly on highways and at night.
Following another vehicle too closely doesn’t allow sufficient braking distance, leading to rear-end collisions, especially in stop-and-go traffic.
Changing lanes without signaling, checking blind spots, or using mirrors can result in side-swipe accidents or force other vehicles off the road.
New drivers, particularly teens, may lack the experience and skills to handle complex driving situations, increasing accident risks.
Malfunctions like brake failure, tire blowouts, or steering issues can cause loss of control and result in serious crashes.
Potholes, uneven surfaces, and lack of signage make driving hazardous, especially for smaller vehicles and motorcycles.
Reduced visibility and increased fatigue during nighttime driving can lead to accidents, particularly in poorly lit or unfamiliar areas.
Driving against the flow of traffic, often due to confusion or impairment, poses a severe danger, leading to high-speed head-on collisions.
Common Auto Accident Injuries
Car accidents often result in head injuries, such as concussions, traumatic brain injuries (TBIs), and skull fractures. These can occur when the head strikes a hard surface, like the steering wheel or window, or from sudden deceleration. Symptoms can range from mild headaches to severe cognitive impairments, memory loss, and even permanent brain damage.
Fractures are common in high-impact collisions, particularly in the arms, legs, ribs, and pelvis. Broken bones can vary from simple fractures to complex breaks that require surgery, pins, or plates for recovery, and can cause long-term complications, including chronic pain or limited mobility.
Internal bleeding occurs when trauma from a collision damages organs or blood vessels, particularly in the abdomen. Symptoms may not appear immediately, making it a dangerous injury that can quickly become life-threatening if untreated. Commonly affected organs include the liver, spleen, and lungs.
The spinal cord is highly vulnerable in car accidents, and injuries can result in partial or complete paralysis, chronic pain, and nerve damage. Spinal cord injuries often require extensive rehabilitation and can have permanent effects on mobility, sensation, and independence.
Neck injuries like whiplash occur when the neck snaps back and forth, causing muscle strains, ligament sprains, and limited motion. Chest injuries, often from the impact with a steering wheel or seatbelt, can cause broken ribs, lung bruising, or even heart damage.
Car accidents can lead to psychological trauma, with victims experiencing PTSD, anxiety, or depression. Symptoms may include flashbacks, nightmares, and an increased fear of driving, requiring therapy to help victims manage their mental health.
Burns can result from fires or hot metal, plastic, or chemicals in the aftermath of an accident. Airbags can also cause friction burns. Burn injuries may range from minor to severe and may require skin grafts and extensive recovery, often leaving scars.
Sharp glass and metal fragments can cause deep cuts, or lacerations, which may result in scarring, infection, or damage to nerves and blood vessels. Severe lacerations may require stitches, surgery, and ongoing care.
Soft tissue injuries affect muscles, tendons, and ligaments, often leading to strains, sprains, and bruising. These injuries can cause pain, swelling, and stiffness, limiting mobility and requiring physical therapy for recovery.
