Automobile Accidents


Accidents don’t “just happen.” They are caused by careless and inattentive individuals. Texting while driving. Running red lights. Following too closely.

You get the picture…and are probably feeling the trauma and pain of a motor vehicle collision if you are reading this. In order for Newby Law to take your case, we first need two important facts to be established: #1 Clear Liability and #2 Serious Bodily Injury.

Burden of Proof

Automobile collisions are deemed a “civil action” and enjoy a less challenging burden of proof than a criminal case. For example, in a criminal case, the prosecutor must prove that the person charged is “guilty beyond a reasonable doubt.” In a civil action, the person suing (the plaintiff) must prove by a “preponderance of the evidence” or “more likely than not” that the plaintiff’s allegations are true and the defendant is responsible.

Statute of Limitations

If you are injured in a motor vehicle collision in California, you must either settle your personal injury claim or file a lawsuit within two years of the collision. If the at-fault party is a government entity, you may have to file a claim within six months of the incident.

Soon after your collision, the insurance company of the at-fault party will likely try to call you to get a sense of your injures. They are not “on your side.” Although you should report the collision to your insurance company, do not talk to the insurance adjustor for the at-fault party without first consulting with an experienced personal injury attorney like Debra A. Newby.

What is My Case Worth?

Honestly, I have no idea. I would caution you to not rely on another attorney’s “puffing” or guestimates of value. Each case is unique. I do know that if we can prove that the other person was at fault, and that your injuries were directly caused by that person’s negligence, then California law provides that you can generally recover the following damages:

  • Medical Expenses—both past and future
  • Lost Earnings
  • Loss of Ability to Provide Household Services
  • Loss of Consortium
  • Pain, Suffering, and Inconvenience

Debra A. Newby personally manages your case from the beginning to the end. She will fight for the fairest settlement or jury award.

Check out this article “Car Insurance Explained” written by Debra Newby and published in The Sonoma County Gazette.

Client Review
“I would advise getting to the phone immediately to call Ms. Newby for a consultation. You will find her trustworthy, competent, smart, fast, organized, one step ahead of the action, and a brilliant legal strategist. When you are meeting with her, you’ve got her full attention. You know that she’s going to do her best for you.” — Elaine K.

Contact Us

If you or a loved one was injured in an automobile accident, contact Attorney Debra A. Newby, an experienced lawyer who will seek justice for you. Call (707) 526-7200 today for a complimentary consultation.