New Year’s Eve and New Year’s Day are among the most dangerous times to be on the road in the Golden State. Festivities often lead to late-night celebrations, heavy traffic, and drunk driving, increasing the likelihood of collisions.
If you’ve been injured in a motor vehicle accident during the New Year period, you should know how to file a New Year accident injury claim to recover damages and hold the at-fault persons accountable.
This article outlines the steps to take after New Year car accidents and offers guidance to file a personal injury claim in California.
If you or a loved one has been involved in a car accident during the holiday season, understanding your holiday insurance coverage and knowing your legal rights can make a significant difference. This guide will explain the common causes of Christmas car accidents, how insurance coverage works, and what steps you can take to recover compensation if you are injured.
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The Risks of New Year Car Accidents
Auto accidents in the holiday season are often caused by a combination of factors unique to this holiday:
- Drunk Driving: New Year’s celebrations frequently involve alcohol, leading to a sharp increase in DUI-related accidents.
- Night Driving: Many celebrations happen after dark, and low visibility can contribute to collisions.
- Distracted Driving: Drivers may be distracted by holiday plans, phone calls, or text messages.
- Weather Conditions: Rain or fog, common during California’s winter, can make roads slippery and hazardous.
These risks highlight why the New Year is one of the most dangerous times for drivers. If you’ve been hurt in New Year car accidents, the first step for injured victims is understanding how to protect your rights.
New Year Auto Accident: What to Do After
If you’ve been seriously hurt in a car accident, your actions immediately following the incident can significantly affect your ability to file a new year accident injury claim. Here’s what you should do:
- Ensure Safety and Call 911
Move to a safe location if possible and call emergency services to report the accident. See that medical help is on the way if anyone is hurt. - Document the Accident
Use your phone to take photos of the accident scene, including damage to vehicles, skid marks, road conditions, and any visible injuries. - Exchange Information
Collect contact and insurance details from all parties involved in the accident. If there are witnesses, ask for their names and contact information. - Seek Medical Attention
Even if you feel fine, get checked by a healthcare professional. Some injuries, such as concussions or internal damage, may not be immediately obvious. - File a Police Report
Ensure that law enforcement files an official report. This document will be critical for your claim. - Consult a Personal Injury Lawyer
Before speaking to insurance companies, reach out to a car accident lawyer to understand what your options are and get professional advice on your next steps.
Filing a New Year Accident Injury Claim
Filing a personal injury claim in California involves several critical steps. Here’s what you need to know:
1. Establish Fault
California operates under a comparative negligence system. This means that even if you share some responsibility for the collision, you can still recover damages. However, your compensation may be reduced by your percentage of fault.
2. Document Your Damages
You’ll need to provide evidence of the damages you’ve incurred, including:
- Medical bills and treatment records
- Lost wages or reduced earning capacity
- Property damage (e.g., vehicle repairs)
- Pain and suffering
Keep detailed records of all expenses and impacts related to what happened.
3. Negotiating With Insurance Companies
Insurance companies often aim to minimize payouts, and adjusters may attempt to undervalue your claim. Having an attorney handle settlement negotiations ensures that your rights are protected and that you’re not pressured into accepting a low offer.
4. File a Lawsuit If Necessary
If negotiations fail to result in a fair settlement, you may need to file a lawsuit. While most personal injury claims settle out of court, being prepared to litigate can strengthen your bargaining position.
Types of Injuries Common in New Year Car Accidents
New Year crashes can result in various injuries, ranging from mild to severe. Common examples include:
- Head Injuries: Concussions and traumatic brain injuries can occur during collisions, especially in high-speed or rear-end crashes.
- Spinal Injuries: Damage to the spinal cord or back can lead to chronic pain or paralysis.
- Fractures and Broken Bones: Impact from a crash can cause broken arms, legs, ribs, or other bones.
- Soft Tissue Injuries: Whiplash and muscle tears are common in rear-end accidents.
- Lacerations and Bruising: Shattered glass or loose objects inside the car can cause cuts and bruises.
Deadlines for Filing an Injury Claim in California
In California, the statute of limitations for personal injury claims is two years from the date of the accident.
However, certain situations — such as accidents involving government vehicles — have much shorter deadlines. Failing to act within the required timeframe can result in losing your right to compensation. Contacting an attorney early ensures you meet all filing requirements.
How to Strengthen Your New Year Accident Injury Claim
To build a strong case, take the following steps:
- Preserve Evidence: Keep all documents, photographs, and witness contact information related to the accident.
- Avoid Speaking to Insurance Adjusters Alone: Statements made to insurers can be used to devalue your claim. Let your attorney handle communications.
- Follow Medical Advice: Attend all appointments and follow your doctor’s recommendations to show you’re taking your recovery seriously.
- Stay Off Social Media: Posts about the accident or your injuries can be used against you. Avoid discussing the case online.
Why Hire a Personal Injury Attorney for Your Claim?
Filing a claim for New Year car accidents can feel overwhelming, especially when dealing with injuries and financial stress. An experienced California personal injury attorney can:
- Investigate the circumstances of the accident
- Handle all communication with insurance companies
- Calculate the full extent of your damages
- Represent you in court if necessary
Having professional legal support ensures you can focus on healing while pursuing monetary compensation.
Get Help With Your New Year Accident Injury Claim
If you’ve been seriously injured in an auto accident, there’s no need to worry. RTM Law Firm is here to help victims throughout California seek justice and fair financial compensation. Our attorneys are experienced in personal injury law and have a proven track record of advocating for clients hurt by negligent drivers.We offer confidential and free consultations with no obligation to pay. Contact us today to discuss your case. We’re available 24/7. Hablamos Español.
Do you need compassionate support and effective representation?
No fees unless we win. Available 24/7.
