You can file a claim in case of a car accident without help from a lawyer, but is it advisable? The short answer is NO! Research shows that people who hire lawyers receive better compensation – to be precise, around 3.5 times more than those who don’t.

This difference isn’t a coincidence. Experienced lawyers are familiar with all the ins and outs of the law, skilled in negotiating with insurers, and knowledgeable about determining the appropriate settlement amount, which leads to securing larger settlements.

That’s why legal experts universally recommend hiring a lawyer for accident cases. To help you make the decisions, we’ll discuss what a car accident lawyer does. So, let’s get into the details without further ado!

What Is The Role of A Car Accident Lawyer? Brief Overview

The main role of a car accident lawyer is to provide legal assistance from the beginning (right after the accident) to the end of the case. You can consult with a lawyer about your case, and they’ll advise you on the best course of action, including what type of claim is valid in your case.

Besides guiding the claim, car accident lawyers provide insights into what evidence you need to strengthen your claim. They’ll skillfully negotiate with insurers about the compensation amount with strong evidence.

Thanks to their negotiation and case-handling skills, the insurer must provide rightful compensation for the claim, which usually doesn’t happen. When there’s no lawyer, insurers usually try to blame you to reduce the settlement amount.

6 Ways A Car Accident Lawyer Helps Accident Victim

Below are the six ways a car accident lawyer helps accident victims.

1. Legal Guidance & Expertise

The most important job of a car accident lawyer is providing legal guidance. Not everyone is well-versed in the intricacies of the law or knows which claims to pursue following an accident, and that’s where a lawyer can help.

A lawyer would assess your case and assist with what claims are valid for your accident case. Their expertise ensures you’re on the right path to acquiring compensation for the loss.

If you’re wondering what the main cause of a rear-end car crash is, you’ve come to the right place! A rear-end car accident can be quite dangerous to both the driver of the rear car and the front car. The passenger of the front car also faces serious injuries. 

These injuries include whiplash (neck injury), fractures, back injuries, or, in worse cases, brain injuries. In this type of situation, finding the reason behind the accident and who was at fault becomes a daunting task.

Without knowing the reason behind the rear-end car crash, you wouldn’t be able to file lawsuits. This is why it’s important to know the main cause of the accident, which driver was responsible for, and what the right action to take after an accident is. 

6 Main Causes of Rear-End Car Crash

Below are the six main causes of rear-end car crashes. With these causes, you can easily get an overall understanding of why the accident occurs.

1. Drunk Driving

Drunk driving is one of the most common reasons behind accidents. There are about 37 people who die every day in the United States due to drunk driving. It’s because alcohol affects decision-making abilities, blurs the vision, and reduces reaction time.

All of the side effects of alcohol increase the chances of an accident. The reduction in reaction time means the brain doesn’t process activities faster, affecting decision-making abilities and leading to accidents.

2. Distracted Driving 

Distracted driving is a term used for driving while involved in other activities. For example, using the mobile phone, talking to someone in the car, thinking about your office day, eating while driving, and so forth.

Any activity that can divert your attention from the road and the car to other things will be considered the reason for distracted driving. The lack of situational awareness prevents drivers from noticing the front car, resulting in dangerous rear-end car crashes

3. Overspeeding

Overspeeding is a significant factor behind car crashes. In 2022, about 29% of traffic fatalities happened because of overspeeding. High speed reduces reaction time, making it harder for the driver to respond to unexpected situations.

Besides that, a faster car requires more time and distance to come to a complete stop, increasing the likelihood of rear-end car crashes. This type of accident also results in severe injuries because of the great impact force of the car.

4. Driver Fatigue

Driving requires a healthy and mentally alert individual. Otherwise, the situation can be a lot worse. In the driving profession, an unfortunate situation not only puts the driver at risk but also the passengers and all the other cars on the road.

This is why recognizing driver fatigue is crucial. Fatigued drivers experience a loss of control over their bodies and cars; they can’t focus on the road and make decisions immediately like in case a car suddenly appears in front of them.

The cost of repairing a damaged car can easily break the bank, especially if it’s a rental car. Drivers usually buy insurance for their car but not always for the rental car. So, who is responsible for paying for a rental car in North California after an accident?

Rest assured! We have answers for you. In simple words, whoever is at fault for the accident, whether you or the other driver, will pay for the damages. If both parties share the blame, then the cost of damage will be divided among both parties.

Below, we’ll discuss this topic in more detail and provide answers about how much rental reimbursement coverage costs and whether you need to add it to your insurance. So, let’s find out the answers!

What Happens If You’re At Fault In The Rental Car Accident?

The short answer is that you’ll be responsible for paying for the rental car damage caused by the accident. Since it was your fault, the other driver isn’t bound to share any of the car repair costs and you’ll have to pay for the damage.

But how you’ll pay entirely depends on your situation. If you have insurance coverage, your insurance company will pay for the repair, including rental reimbursement. However, you’ll have to pay out of pocket if this isn’t the case.

What If Other Driver Is At Fault In The Rental Car Accident?

If the other driver is at fault in the rental car accident, they’ll have to bear the expenses of car damage. In most cases, they can involve their insurance company, which will provide them with the compensation amount.

If they do not have an insurance policy, they must pay the cost themselves. If someone fails to cover the damage they’ve caused, the no-fault driver can sue the at-fault driver and take the case to court.

Did you know? Car crashes are one of the most important issues in America. More than 19,000 crashes happen daily, meaning more than 6.7 million accidents yearly. The statistics are undoubtedly saddening.

What’s more worrying is that sometimes victims don’t receive the rightful compensation for the damage. Most of the time, this happens due to a misconception that a claim isn’t possible if you’re also at fault in the accident. Thankfully, that’s not the reality!

Today, we’ll explain that you can still file a claim if you share some fault in the accident. How is it possible, and what do you need to consider when filing the claim? Let’s find out the answers to all these questions!

Can You File A Claim If You Share Some Fault In An Accident?

Yes, it’s possible to file a claim if you share some fault in an accident. Just remember, the compensation won’t be high, and in some states, your eligibility to file a claim depends on the percentage of responsibility you bear for the accident.

Another crucial consideration is whether your state follows no-fault or at-fault laws. In an at-fault state, you can seek compensation from the driver at fault in the accident. The situation will be completely different in a no-fault state.

In a no-fault state, all drivers involved in an accident must turn to their insurance providers for financial assistance instead of filing a claim. So, if you live in a no-fault state, you can’t file a claim, whether you’re the victim or partially at fault.

In contrast, residents of at-fault states can file a claim if they share some fault in an accident and get the rightful compensation. To understand the eligibility for a claim, you must know the types of shared accident faults.

Types of Shared Faults In Car Accidents

There are different types of shared faults in a car accident. In some cases, you’ll be eligible to ask for compensation, while in some cases, your involvement in causing injury can hinder your ability to file a claim.

Will my car insurance go up if I’m not at fault for an accident? Yes, it’s a possibility. How much it will go up depends on many factors, such as the model of your car, the accident that happened, its overall damage cost, etc.

Insurance companies do this to save money and minimize risk. Regardless of fault, what matters to them is how likely you are to end up in another accident. The worse your driving history, the higher the chances of accidents; thus, the price will increase.

Below, we’ll explain the factors that affect insurance prices and how much, on average, the price can go up. We’ll also answer how you can prevent insurance prices from going up. So, let’s get started!

Does Insurance Go Up If It’s Not Your Fault?

Yes, insurance goes up even if it’s not your fault in many cases. It’s a higher possibility, especially in cases where the accident was serious and you also have a bad driving history, such as many other minor accidents, traffic violations, etc.

The scenario mentioned above can label an individual as a “risky” driver who is more likely to cause another accident in the future. The insurer’s increased risk perception often results in higher premiums.

How Much Does Insurance Go Up After An Accident?

How much insurance premiums go up after an accident depends on the accident, the driver’s overall driving history, and the insurance company. Some companies have higher premiums after an at-fault accident than others.

For instance, some insurers may raise premiums by up to 20% or even 40%, depending on their risk analysis. The greater the perceived risk associated with insuring a driver, the more the insurance company will charge.

However, it’s important to remember the insurance premium won’t be high for the rest of your life. If you maintain a claim-free record and avoid traffic violations for a few years following the accident, your insurance premium will return to normal.

5 Factors That Affect The Insurance Premium

Let’s find out how the insurance company does the “risk analysis,” what factors it considers, and how they affect the insurance premium.

1. The Vehicle

Your vehicle’s model number and age are important factors for risk analysis. If you own a luxury vehicle with the latest technology, the insurance company would have to pay more to compensate for damages in case of an accident.

Due to the higher compensation required, insurance companies usually charge more to insure such vehicles. At the same time, a not-so-expensive model car without the latest technology can be insured for a lesser amount.

California is one of those states where car accidents happen frequently. According to research, approximately 250,000 car accidents occur in California every year, and in 2022, about 4099 people died due to motor vehicle accidents.

These accidents happen for various reasons, sometimes due to high speeding, aggressive driving, alcohol or drug-impaired driving, and so forth. Whatever the reason is, these accidents can result in the loss of innocent lives.

Today, we’ll discuss the leading causes of car accidents in Northern California. This will help you understand the primary reasons behind the increase in fatalities. Stick with us until the end to gain a comprehensive understanding of this critical issue.

Top 7 Causes of Car Accidents In Northern California

After our in-depth research, we’ve found seven main reasons for car accidents in Northern California. These are the most common causes, but there could be other reasons depending on the driver, the car, and the road conditions.

1. Overspeeding, Primary! 

Overspeeding is the biggest cause of accidents in California. It simply means the situation when the driver drives way too fast on a road. Accident happen because when a driver overspeeds, the ability to drive safely around a curve or object becomes compromised. 

That’s the reason behind the high rate of accidents involving speeding. As per the govt report of Speeding-Related Fatality Trends, California, about 29.1% of accidents in California were related to overspending in 2016. 

2. Alcohol Or Drug Impaired-Driving 

The second main reason for accidents is alcohol or drug-impaired driving. Both of these things can reduce the ability to concentrate on the road and sometimes even cause serious drowsiness, which is why an accident happens. 

Due to the serious consequences, the Govt has made laws against driving under the influence of alcohol or drugs. Unfortunately, the results aren’t very reassuring. According to the California government, 52.9% of drivers involved in car crashes tested positive for drugs in 2021. 

3. Neglecting Traffic Rules 

Traffic rules aren’t only made to control or manage the traffic on the road but also for the safety of drivers. However, it’s commonly seen that drivers ignore rules whenever they think they can get away with it, leading to serious car accidents. 

Some people don’t even wear helmets or use car safety belts, which also increases the number of fatalities. In 2021, the deaths of motorbike riders increased by about 9% from the previous year because they didn’t wear helmets while riding. 

4. Poor Conditions of Road 

The next reason that causes car accidents is the poor conditions of the road. Although the local government has strict criteria for the safety standards of the road, sometimes a lack of road signs, narrow lanes, weak lane markings, and potholes cause accidents. 

If it happens to you or any of your family members, you can take legal action against the responsible party. For more information, you can get help from our MCCRARY law firm with free consultation. 

The question of should you move your car after an accident often comes to mind. There’s a common belief that you shouldn’t touch anything in accident cases until the police arrive, and that’s true to some extent. 

However, if your car is blocking traffic or causing a roadblock, moving it to a safer spot is okay, but there are some exceptions. In some cases, you shouldn’t move your car or even a small object from the accident scene even if the road is blocked. 

To help you, we’ll answer the exceptions in which moving your car from the accident scene creates a legal issue and what exactly you should do after a car accident. So, let’s get into the details below! 

Is It Illegal To Move Your Car After an Accident?

Fortunately, there’s no obligation from the law for you to move your car to a safe place after an accident; it’s also a recommended step. By doing this, you’ll make sure traffic remains in flow, preventing road congestion. 

According to California Vehicle Code Section 20002: 

“The driver of any vehicle involved in an accident resulting only in damage to any property, including vehicles, shall immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists.” 

The police and ambulance for medical help can also reach you on the spot easily if there’s no traffic jam on the accident road. Moreover, this step reduces the risk of another accident due to the roadblock.

The best places to move your car after an accident are parking spots or the shoulder of a highway. But remember, it’s not necessary; your safety and health always come first. If you cannot move or feel pain, it’s advisable to wait for medical help.

Once medical help comes, explain your situation to them, ensure you’re in good health, and then proceed to move your car. The law doesn’t force an injured person to move their vehicle until they are physically able to do so.

When To Not Move Your Car After An Accident?

Besides your health, there are many other situations in which you shouldn’t move your car after an accident. Otherwise, you may face legal consequences because moving a car in particular situations can risk your or others’ lives. 

1. Totalled Car: The first situation in which you shouldn’t try to move the car is when it’s totalled completely or running improperly. In these situations, the car isn’t safe to move, and it might lead to another dangerous accident. 
2. Unstable Road: In some cases, the debris of the car crash comes in the way while parking the car in a safe place. If this is the situation, you shouldn’t move the car because while doing this, you might get injured. 
3. Explosion Hazard: A strong gasoline smell inside or near the car means the fuel tank is leaking. It’s dangerous as a leaking fuel tank could lead to an explosion or fire. Hence, you should better stay away from the car. 
4. Death or Serious Injury: If you or the driver in the other car is seriously injured or someone died due to the accident, don’t move the car. Doing so can mess up the evidence and make injuries worse.

Leaving the scene of an accident in Northern California is common. Although it’s problematic for drivers and victims, the side that suffers most is the victim. They get to deal with injuries, mental trauma, medical bills and the legal process of settlement with the driver. 

Although, in many cases, the driver gets to deal with legal repercussions. However, it only happens if the person who got hit takes them to court, and there’s enough proof to show who did it, so whether you get justice or not depends on various factors. 

To help you out, we’ll explain what can happen to the driver in a hit and run accident case according to California law. We’ll also share a detailed guide about what you should do if someone leaves you after causing a car accident.

What Will Happen To The Driver In Hit & Run Case?

As the name suggests, hit-and-run accident cases mean when a driver hits a car and leaves without informing police or the owner of the other car. Any driver who does that will have to face consequences. According to the California law vehicle code 20002: 

 The driver of any vehicle involved in an accident resulting only in damage to any property, including vehicles, shall immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists. Moving the vehicle in accordance with this subdivision does not affect the question of fault.

Drivers who don’t stop hitting someone’s car and leave immediately will face charges of misdemeanor crime. In case no one is in the car, you should leave a note with your contact details and inform the police on the spot. 

Failing to comply with the laws will get you into legal and financial trouble. A driver might end up in jail for up to six months, be fined up to $1000, or even face both consequences. If the case involved death, the driver will have to face the felony hit-and-run charges. 

Felony hit-and-run charges are more serious than misdemeanor charges because they involve death. In these types of cases, the driver might get imprisoned for up to 4 years and fined between $1000 to $10,000.

Some people think reporting a car accident isn’t important, which is nothing but a misconception. No matter what the seriousness of the accident, whether it’s minor or a big accident, you must report it within 24 hours. 

It’s important that law enforcement agencies record the details of the accident and catch the culprit. By reporting the accident, you’ll also be able to continue the insurance claim process, as it’s required to submit the police report copy for claims in some states. 

To help you, we’ll explore whether you need to report a car accident in northern California and what California law says about accident cases. We’ll also address what would happen if you don’t report the accident. So, let’s get into the details! 

Do You Need To Report A Car Accident In Northern California?

Yes, you need to report a car accident in Northern California. According to California law section 20008, a person should submit a written report about a car accident within 24 hours. If you’re unavailable or injured, someone else can also submit this report on your behalf. 

Remember, the written report differs from calling the police at the time of the accident. After the written report, you also have to submit the SR-1 report to the DMV (Department of Motor Vehicles). 

The SR-1 report should be submitted within 10 days if someone is injured, died, or any of the drivers has a financial loss over $1000. Your lawyer, insurance agent, or broker can also file the report to the DMV. 

Should I File A Police Report For A Minor Car Accident?

Minor car accidents are basically one that doesn’t pose any threat of death to anyone or lead to a big financial loss. Most individuals think it’s not necessary to report these accidents as no one is injured. 

However, the truth is you must report the accident to the police department, even if it’s minor. Failure to report can have adverse consequences. Without an official report, you may find yourself vulnerable in case of a claim. Since there’s no proof, your case will be weak. 

What Happens If You Don’t Report A Car Accident In California?

There are three possible consequences that can happen if you don’t report a car accident. All of these are serious, as they can lead to a big insurance claim, financial loss, or prolonged legal proceedings if things go to court. 

1. Insurance Claim: If you don’t report the car accident, it means there’s no valid proof about what exactly happened. As a result, the driver of the other car can make a big insurance claim that the mistake was yours. 
2. Financial loss: Sometimes, we don’t realize the actual financial loss at the scene of the accident. But after a day or two, we noticed the damage to the car. So, if you delay reporting and later realize the car damage, you’ll not only face a financial hit but also encounter challenges when trying to file a claim. 
3. Legal Proceedings: The third consequence will be you might have to deal with long legal proceedings. Even if you’re innocent, the lack of a report could work against you, especially if the other party decides to make an insurance claim or go to court.