Santa Rosa Car Accident Lawyer

Getting into a car accident can lead to serious injuries for victims. This can cause temporary or permanent disabilities as well as major medical bills. At Walkup, Melodia, Kelly & Schoenberger, we are ready to help if you need a Santa Rosa car accident attorney. Our team will investigate your case and work to secure maximum compensation on your behalf.

Choose Walkup, Melodia, Kelly & Schoenberger for your case

In the aftermath of sustaining a car accident injury, you need an attorney with extensive experience standing up to aggressive insurance carriers. Walkup, Melodia, Kelly & Schoenberger is ready to help.

Because we understand that victims in these incidents are often in a precarious financial situation, we take Santa Rosa car accident cases on a contingency fee basis. This means that we do not charge any legal fees until after we secured the compensation you deserve.

Why is a Santa Rosa car accident attorney necessary?

In the aftermath of a Santa Rosa car accident, some people do not think about the fact that they are at a significant disadvantage. Insurance carriers have no interest in being fair. Their goal is to ensure a low payout. Unfortunately, most car accident victims will not have the resources necessary to thoroughly investigate the incident and prove liability. However, a Santa Rosa car accident lawyer will have the legal experience and resources necessary to:

  • Recover all evidence related to the car accident, including any photographs taken at the scene, available video surveillance, statements from eyewitnesses, accident reports, and more.
  • Ensure their client is evaluated by a trusted medical professional who will care for their injuries and help calculate total expected losses.
  • Handle all communications with other parties involved in an effort to negotiate a fair settlement.
  • Prepare the case for trial if that is what it takes to obtain maximum compensation.

How do Santa Rosa car accident cases arise?

Car accidents happen in many different ways but are regularly caused by the negligence of other drivers on the roadway. Our attorneys regularly help clients who have been harmed because another driver:

  • Operated while distracted by their cell phone or by somebody else in the vehicle
  • Operated while impaired by alcohol or drugs
  • Failed to follow traffic laws (failure to yield, failure to stop, speeding, etc.)
  • Otherwise operated their vehicle recklessly

Santa Rosa car accident injuries

When we look at the latest year of data available from the California Office of Traffic Safety (OTS), we can see that there were more than 272,000 total traffic crash injuries across the state. That is an astounding number, and many of those injuries happen right here in Santa Rosa. At Walkup, Melodia, Kelly & Schoenberger, our car accident lawyers regularly help clients who have sustained severe injuries, including:

  • Broken and dislocated bones
  • Traumatic brain injuries
  • Internal organ damage or bleeding
  • Paralysis due to spinal cord trauma
  • Whiplash injuries
  • Concussions
  • Amputations and severe lacerations
  • Emotional and psychological trauma

Can you file a lawsuit in this case?

While most car accident cases will be handled in a settlement with an insurance carrier, there are times when filing a lawsuit may be necessary. Under the California Code of Civil Procedure section 335.1, we can see that there is a two-year statute of limitations in place for these cases. This means that injury victims have a two-year window with which to file lawsuits against an alleged negligent driver.

In a Santa Rosa car accident case, filing a car insurance claim is not the same thing as filing a personal injury lawsuit. In general, the car accident victim will only file a lawsuit if the insurance carrier of the at-fault party denies a claim or if they do not offer enough compensation to cover the victim’s losses. In California, the car insurance minimum requirements are:

  • Bodily injury liability coverage: $15,000 per person / $30,000 per accident minimum
  • Property damage liability coverage: $5,000 minimum

How much compensation is available?

If you or a loved one have been injured due to the negligent actions of another driver, you may be entitled to various types of compensation. While the total amount awarded in these cases varies, the team at Walkup, Melodia, Kelly & Schoenberger has a history of success in these situations. In one instance, we recovered a $4.5 million settlement for a child who sustained a brain injury and an $8.8 million jury verdict for a child who suffered a severe head injury, both in car accidents.

Can you be held partially at fault for a Santa Rosa car accident?

Car accident liability is rarely cut and dry. In some cases, multiple parties involved can share liability. However, under California’s “pure comparative negligence” system, a car accident injury victim can recover compensation even if they are partially at fault for the incident (up to 99% at fault). Under the system, Santa Rosa car accident victims will receive the compensation awarded by a jury minus an amount commensurate with their responsibility for the incident.

For example, suppose a car accident victim was injured when an intoxicated driver ran a four-way stop sign while traveling 60 mph. While the impaired driver will potentially be liable for the incident, what if the car accident victim also ran a stop sign because they were distracted by their cell phone?

A jury will look at all the facts of this situation to determine liability and compensation. In this incident, a jury may determine that the impaired driver was 60% at fault for the incident because of their intoxication, for speeding, and for running the stop sign. The jury may find the other party 40% at fault for being distracted by their phone and running the stop sign. In this case, if a jury awards $100,000 and damages to the non-impaired driver, that person will only receive $60,000 in total compensation.

Our team is going to investigate your claim so we can obtain compensation for your medical expenses, lost income, pain and suffering damages, property damage, and more. If you need a Santa Rosa car accident attorney, you can contact us for a free consultation of your case by clicking here or calling (415) 889-2919.