Bay Area Car Accident Attorney

Understanding Car Crashes and Your Legal Rights in the Bay Area

With over 450,000 vehicles navigating the streets of San Francisco daily, car wrecks are a significant concern for residents and visitors alike. The dangers posed by the city’s dense traffic and challenging road conditions are clear: each year, more than 3,000 collisions result in injuries or fatalities in San Francisco. Thousands more happen throughout the Bay Area.

Under California law, those injured in car accidents — or the families of those who have lost their lives — may pursue legal action against the responsible parties. Whether you’re a driver, a passenger, or a pedestrian, knowing your legal options can make a substantial difference in the aftermath of a car accident.

Types of Auto Accidents

Each motor vehicle collision has distinct contributing factors and outcomes. While environmental conditions, vehicle defects, and road design can increase risks, human error remains the primary cause of most collisions in the Bay Area.

Drive carefully and remember these common types of auto accidents:

• Rear-end collisions often result from distracted driving, following too closely, or abrupt stops.
• T-bone or side-impact crashes typically happen at intersections when a vehicle fails to yield or runs a red light.
• Head-on collisions, which happen when a driver enters an oncoming traffic lane, are less common but are more likely to cause critical injuries or fatalities.
• Multivehicle pileups are frequent on highways, especially during peak hours or bad weather.
• Pedestrian and cyclist injuries are common in urban areas like San Francisco and often result in severe injuries due to the vulnerability of these road users.
• Commercial vehicle accidents involving trucks, delivery vans, or rideshares present unique challenges due to vehicle size and multiple potentially liable parties.
• Left-turn accidents occur when drivers misjudge oncoming traffic or fail to notice other road users.
• Collisions with uninsured or underinsured motorists complicate victim compensation.
• Single-vehicle accidents involve a lone vehicle striking an object, sometimes due to poor road conditions or vehicle defects.

Medical Terms for Common Car Accident Injuries

After a car accident, a doctor might diagnose you with an injury. These are some of the most common.

Cervical Strain and Hyperextension

This injury is more commonly called “whiplash.” The abrupt movements in a rear-impact collision can harm muscles, bones, and other tissues in the neck. Affected individuals may experience discomfort, reduced flexibility, migraines, and restricted range of motion.

While some cases of whiplash resolve quickly, others may lead to ongoing pain and long-lasting mobility challenges.

Intracranial and Neurological Trauma

These traumatic brain injuries (TBIs) are common in collisions. During impact, the brain's movement within the skull can result in contusions or bleeding. Some TBIs are mild concussions with symptoms that resolve within a few days. However, a severe TBI can result in memory loss, long-term mood changes, or a coma.

Vertebral Column and Spinal Cord Damage

The spine is vulnerable to damage in collisions. Injuries to the spinal cord may result in partial or complete paralysis. The bones and other tissues that protect the spinal cord can also be damaged. Vertebral fractures or herniated discs, for example, can cause chronic pain and restrict movement.

Spinal injuries may not always present immediate symptoms, which makes medical care after an accident particularly important.

Skeletal Fractures

The force of a crash can fracture bones throughout the body, including the pelvis, limbs, and ribs. A fracture could be a simple break that heals after the bone is immobilized by a cast. However, complex or compound fractures could require surgery. Recovery periods can be extensive, and severe cases may have permanent effects.

Connective Tissue Injuries

Muscles, ligaments, and tendons are called “connective tissues” since they support and protect other body organs. Injuries to these tissues are often underestimated and can be hard to diagnose. However, they may cause chronic pain and limit the victim’s mobility.

Connective tissue injuries include sprains, strains, and contusions. These injuries may require weeks or months to heal fully, depending on severity.

Thoracic Injuries

Thoracic injuries affect the chest. They often occur when occupants in a vehicle collide with the steering wheel or dashboard. Chest injuries range from bruising and rib fractures to more severe conditions like collapsed lungs. These injuries can happen even when occupants are protected by airbags and seat belts.

Maxillofacial Injuries

Damage to the jaw or face is called a “maxillofacial injury.” Car crashes can easily inflict facial trauma, including cuts, bruises, fractures, and broken teeth. A serious accident could cause disfiguring scars, and the victim might need surgery in order to restore function to their facial organs.

Cognitive and Emotional Sequelae

Medical providers use the term “sequelae” to refer to the results of an event, especially a traumatic event.

The psychological and emotional sequelae of vehicular accidents can be profound. Survivors may develop post-traumatic stress disorder (PTSD), heightened anxiety, clinical depression, or other forms of psychological distress. These mental health impacts can be as incapacitating as physical injuries.

Visceral Trauma

Injuries to the viscera, or internal organs, are particularly dangerous because it may take some time for symptoms to appear. Damage to organs such as the spleen, kidneys, or liver can be life-threatening if not promptly identified and treated. The initial signs of internal injuries may include abdominal discomfort, lightheadedness, or unconsciousness.

Thermal and Laceration Injuries

Car fires and explosions after collisions can cause thermal burns. Broken glass can cause deep cuts and severe bleeding. These painful injuries have a high risk of infection and can lead to lifelong scars. Extensive burns may require skin grafts and extensive hospital stays.

Legal Accountability in Bay Area Car Accident Claims

California has a fault-based insurance system that dictates how compensation is handled for traffic accidents. Under this system, the driver who is at fault for a collision must pay for the harm the other parties have suffered. Typically, the at-fault driver’s insurance provider covers these costs.

Sometimes, the parties or their insurance companies disagree about who was at fault in the crash. When that happens, the legal principle of negligence becomes relevant.

Establishing the other driver’s negligence is not always easy, but an experienced car accident attorney can take this task on for you. Your attorney will review your case to see whether the four critical elements of negligence apply:

• The driver owed a duty of care to other road users.
• They breached this duty through their actions.
• This breach directly caused or contributed to the accident.
• The crash resulted in actual damages or injuries.

The first element is simple: Drivers are assumed to have a duty to operate their vehicles with a reasonable level of care to protect others on the road.

The other elements may be more complicated. However, some examples of clearly negligent behavior include speeding, driving under the influence, ignoring traffic signals or road signs, and driving while distracted.

California's Legal Deadlines for Auto Accident Claims

At Susan Kang Gordon, a Professional Law Corporation, we want to stress how important it is to act quickly in order to safeguard your rights and strengthen your claim.

Each state establishes specific time frames, which are known as “statutes of limitations,” that determine how long people have to file lawsuits. Missing such a deadline could mean the end of your claim.

These are some important statutes of limitations in California:

• Personal injury lawsuits: You must file within two years after the date of injury or the date you discovered it.
• Property damage lawsuits: You have three years after your vehicle or other property was damaged to seek compensation through the courts.
• Claims against government entities: As an exception to the general rule, you must file an administrative claim against a government agency within six months.

While these time frames may appear ample, it’s not a good idea to wait until the deadline is nearing before contacting us. Here’s why:

• Evidence preservation: Witnesses’ recollections can fade and surveillance footage may be erased; we can gather this evidence before it’s too late.
• Accurate assessment: We can get to work right away, collecting financial records and documenting the impact of the injury on your life.
• Avoiding procedural setbacks: Small, unforeseen issues could jeopardize your claim as the deadline draws ever nearer.
• Negotiation advantages: With ample time to prepare, we come to the negotiating table from a stronger position.

If you’ve been injured in a Bay Area car accident, it’s never too early to contact us for a free consultation.

Compensation in Auto Collision Claims

At Susan Kang Gordon, a Professional Law Corporation, we tailor our approach to each client’s needs. We’ll account for every loss you have suffered and relentlessly pursue the full value of your claim.

Comprehensive Medical Coverage

Beyond immediate treatment costs, we consider the long-term medical care you might need. We’ll start by calculating your hospital bills and other medical expenses. Then, we’ll consider potential costs like rehabilitative therapy, modifications to your home, and wheelchairs or other adaptive equipment.

Income and Career Impact

You may have lost weeks of income during your recovery, but the impact on your professional life could be even larger. We’ll explore whether the injury could affect your future earning potential. For example, it may limit your ability to move forward in your career or require you to work at a less demanding job.

Property Restoration and Replacement

While vehicle damage is often the most visible loss, we make sure that all affected personal property is accounted for. This could range from electronic devices to specialized equipment that was in the vehicle at the time of the collision.

Psychological and Emotional Recovery

The invisible scars of an accident can be just as debilitating as physical injuries. We advocate for compensation that acknowledges the impact of the collision on your mental health. This might include the costs of therapy along with the recognition of trauma-induced conditions like anxiety or PTSD.

Quality of Life Adjustments

If you’re coping with severe or permanent injuries, we’ll factor in the long-term changes to your lifestyle. For example, you might be unable to engage in a hobby you once enjoyed, such as cycling. Or you may be unable to provide support to your children and spouse like you did before your injury.

Incidental Expenses

The ripple effects of an accident extend far beyond obvious costs. Transportation to medical appointments, childcare, home health care, and other unforeseen expenses can be included in a claim.

Key Financial Aspects of Your Car Accident Settlement

We want you to know what to expect when you turn to us after your car accident. Here’s a short overview.

Assessing Claim Value

We’ll estimate the worth of your claim by reviewing these factors:

• Concrete losses: Documented financial impacts like healthcare costs, income reduction, and vehicle repairs.
• Subjective damages: Affected by factors like the severity of the injury, the potential for full recovery, and the psychological impact of the collision.
• Long-term projections: Forecasts for future expected losses such as medical care and diminished earning potential.

Compensation Timeline

The path to fair compensation often involves several stages:

• Preliminary offers: Insurers may present early settlement proposals, but these proposals often fall short of what our clients deserve.
• Dialogue and negotiation: This phase may extend over weeks or months as we present evidence and counter any inadequate offers.
• Court proceedings: If negotiations don’t succeed, we're prepared to advocate for you in court, which may lengthen the process but could yield better results.
• Finalization and disbursement: Upon reaching an agreement or receiving a verdict, you can expect your payment within several weeks.

Tax Considerations

Most personal injury settlements in California are not taxed. Remember these key points:

• Standard compensation: Reimbursements for medical expenses, lost earnings, and the emotional effects of a physical injury are typically exempt.
• Accrued interest: Any interest accumulated on your settlement could be taxable.
• Previously deducted items: If you've deducted any accident-related medical costs, you might have to repay the money you saved with the deduction.

Why Trust Us for Your Car Accident Case?

Susan Kang Gordon stands out as an authority on personal injury law in the San Francisco Bay Area. She has won respect among her peers through years of dedicated practice and steadfast commitment to client advocacy. Her impressive history of securing substantial verdicts and settlements is another testament to her legal acumen and tenacity.

At our personal injury law firm, we place your interests at the forefront. Blending a professional focus with empathetic support, we stand up for you through each step of your legal journey. When you choose Susan Kang Gordon as your legal representative, you're enlisting a determined advocate who will treat your situation with the utmost sensitivity and respect.