Injured in a Car Accident? We Help You Recover What It Cost You
If you were hurt in a car accident caused by someone else’s carelessness, California law lets you seek compensation from the at-fault driver and, in many cases, from your own insurance. Cohen, Cohen & Cohen, PC represents people injured in auto accidents from offices in Calabasas and Westlake Village, handling the insurance claim and, when it is needed, the lawsuit.
A serious crash can upend your life in seconds: weeks or months of treatment, time away from work, a car you can no longer drive, and calls from insurance adjusters who want a recorded statement before you have even seen a specialist. We step in so you can focus on recovering, and we build the claim around what the injury has actually cost you, now and in the years ahead.
Common causes of car accidents
Every collision is different, and identifying exactly why it happened tells us who can be held responsible. Common causes we see include:
- Distracted driving: texting, navigation screens, or anything else that takes a driver’s eyes or attention off the road.
- Speeding and aggressive driving: tailgating, unsafe lane changes, and driving too fast for traffic or weather.
- Drunk or drugged driving: impairment from alcohol, cannabis, or prescription medication.
- Running red lights and stop signs, and failing to yield on left turns.
- Fatigued driving, including commercial drivers who exceed their hours.
- Vehicle defects: failed brakes, tires, airbags, or other parts that may make a manufacturer responsible.
- Dangerous roads: poor design, missing signs, or hazards that a city, county, or the State knew about and left unrepaired.
Who can be held responsible?
The driver who caused the crash is usually the starting point, but often not the only one. Depending on the facts, a claim may also involve:
- The vehicle’s owner or the driver’s employer, when the driver was working or using a company vehicle.
- Rideshare and delivery companies, whose commercial insurance can apply when a driver is logged in or on a trip.
- Trucking companies and the businesses that load or maintain their trucks.
- Manufacturers, when a defective part caused the crash or made the injuries worse.
- Government agencies, when a dangerous road condition contributed. These claims have much shorter deadlines (see below).
- Your own insurer, through uninsured and underinsured motorist coverage when the at-fault driver has no insurance or not enough.
We handle crashes involving passenger cars, SUVs, motorcycles, trucks, and rideshare vehicles, as well as pedestrians and bicyclists struck by a vehicle.
Compensation available after a car accident
California law allows an injured person to recover both economic and non-economic losses. Depending on your case, that can include:
- Medical expenses: emergency care, surgery, therapy, and the estimated cost of future treatment.
- Lost income: wages already lost and any reduction in your ability to earn in the future.
- Pain and suffering: physical pain, emotional distress, and the loss of activities you used to enjoy.
- Permanent injury: lasting impairment, scarring, or disfigurement.
- Property damage: repair or replacement of your vehicle and belongings.
- Wrongful death: when a crash takes a life, certain family members can bring a claim for their loss.
California rules that affect your claim
- Two-year deadline. Most personal injury lawsuits must be filed within two years of the crash (Code of Civil Procedure §335.1). Property damage claims generally have three years.
- Six months for government claims. If a city, county, the State, or a public employee was involved, a written claim usually must be filed within six months (Government Code §911.2) before any lawsuit is allowed.
- Shared fault does not bar recovery. California follows pure comparative fault: if you were partly to blame, your compensation is reduced by your share of fault, not eliminated.
- Insure your own car. Under Proposition 213 (Civil Code §3333.4), a driver who was uninsured at the time of the crash generally cannot recover pain-and-suffering damages, even when the other driver was at fault.
- Report the crash to the DMV. If anyone was injured or property damage exceeds $1,000, each driver must file an SR-1 report with the DMV within 10 days, whether or not police came to the scene.
- Minimum coverage is often not enough. California’s minimum liability limits are $30,000 per person and $60,000 per accident for injuries. Serious injuries can exceed that quickly, which is why your own uninsured/underinsured motorist coverage matters.
What to do after a car accident
- Get medical care right away, even if you feel fine. Some injuries, including concussions and spinal injuries, take days to show symptoms.
- Call the police and make sure a report is made. Get the report number.
- Photograph the vehicles, the scene, traffic signals, skid marks, and your injuries.
- Collect the other driver’s name, license, insurance, and plate number, and the names and phone numbers of witnesses.
- Notify your own insurer, but do not give a recorded statement to the other driver’s insurer or sign anything before you speak with a lawyer.
- Keep every bill, receipt, and record of missed work, and keep a short journal of your symptoms.
More detail: What to Do After a Car Accident: Protecting Your Rights.
Questions people ask us after a crash
How long do I have to file a car accident claim in California?
For most injury claims, two years from the date of the crash. If a government agency or public employee is involved, the deadline to file a written claim is usually six months. Insurance policies have their own notice requirements as well, so it is best to talk to a lawyer as soon as you can.
What if I was partly at fault for the accident?
You can still recover compensation. Under California’s comparative fault rule, your award is reduced by your percentage of fault. For example, if you were found 20% at fault, you would recover 80% of your damages.
Should I accept the insurance company's first offer?
Not before you understand the full extent of your injuries. Early offers often come before the cost of future treatment and lost income is known, and accepting one usually means signing a release that ends your claim for good.
What if the driver who hit me had no insurance, or drove away?
Your own uninsured motorist coverage may pay for your injuries, and it can also apply to many hit-and-run crashes. These claims have strict notice and reporting requirements, so report the crash to police right away and contact us promptly.
What does it cost to hire you?
We handle car accident cases on a contingency fee basis: there is no upfront fee and no hourly billing, and our fee is a percentage of any recovery. Before you hire us, we explain in writing how fees and case costs are handled.
Talk to a Car Accident Lawyer
Evidence from a crash disappears quickly: vehicles get repaired, video is recorded over, and witnesses become hard to find. The sooner we are involved, the more of it we can preserve. Speaking with us does not commit you to anything.
Schedule your free case evaluation with Cohen, Cohen & Cohen, PC. Call our Calabasas office at 818.347.2121 or our Westlake Village office at 805.590.8789, or contact us online. ¡Hablamos español!
