Automobile Accidents
The Law Offices of Mark A. Doughty represents plaintiffs in personal injury and wrongful death lawsuits arising out of automobile accidents on the roads and highways in Northern California.
Navigating the I-5, the I-80, and US-50 in and around Sacramento requires diligence, vigilance, and a great deal of patience. Travelling on the 99 and the 70 north from Yuba City presents a different set of challenges, as does travelling south on Highway 65 toward Lincoln, Rocklin, and Roseville. This area of California near the Tahoe National Forest is beautiful country, and the many 2-lane roads offer scenic drives, and hidden dangers. Speeding, reckless driving, and inattentive driving on narrow roads increases the likelihood of a head-on collision from an oncoming vehicle. Head-on collisions generate extremely powerful forces that create a high likelihood of death to the occupants of both vehicles. Survivors of head-on crashes often suffer severe and catastrophic injuries, ranging from multiple fractures to lifelong paralysis from a spinal cord injury (paraplegia, quadriplegia) or traumatic brain injury (TBI).
Was the Vehicle Defectively Designed or Made?
Any automobile accident should be thoroughly investigated to determine the cause of the crash. Not only should the negligence of the other driver be considered, but it is important to analyze whether a tire failure, brake failure, or other product defect caused or contributed to the crash. If one of the automobiles was defectively designed or defectively manufactured, then a products liability claim should be asserted against the automobile manufacturer. Some cars are designed in such a way that they roll-over too easily. Compounding the injuries from a rollover is the fact that many car designers skimp on materials in the roof of the car and do not provide sufficient structural reinforcement. Rollovers combined with roof crushes are highly likely to cause death, head injury, or quadriplegic paralysis from a broken neck.
Types of Damages Recoverable
Whether the crash was caused by a negligent driver or a product failure, the injured person is entitled to recover for economic and noneconomic damages resulting from the accident. Economic damages include present and future medical expenses and lost wages; in addition, we can help you recover for the property damages you have suffered. Noneconomic damages are items that do not have a specific price tag attached to them, yet are real injuries nonetheless. Examples include pain and suffering, mental anguish, and emotional distress. If the defendant's negligent conduct was particularly reckless or malicious, punitive damages may be awarded as well. Punitive or exemplary damages are designed to punish a defendant for particularly wrongful behavior and serve as an example to others of the consequences of such misconduct.
The Effect of Contributory Negligence
It is not a complete defense to say that the injured driver was also negligent in causing the accident or in exacerbating the seriousness of the injuries, by not wearing a seat belt, for example. Such proof will only serve to reduce the amount an injured plaintiff can recover from a negligent defendant. Even if the plaintiff is more than 50% at fault, the plaintiff can still sue to recover from a defendant according to the portion of that defendant's negligence. This is the doctrine of pure comparative negligence, which is the law in the state of California.
If you have been injured in an automobile accident, see our page on Accident Victim Tips. To speak with an attorney regarding a potential claim or lawsuit, contact the Law Offices of Mark A. Doughty for a free consultation.
