A car crash is disorienting for anyone, but the confusion can run far deeper when sirens, shouted instructions, and rapid-fire questions are hard to hear. Deaf and hard-of-hearing accident victims in California have the same right to seek compensation as every other driver, and federal law requires many of the people you deal with after a crash to communicate with you effectively.
Setareh Law helps accident victims across California pursue full and just compensation, and we meet one-on-one with every client who walks through our doors. Our car accident attorneys fight for the rights and interests of each person we serve.
Deaf and Hard-of-Hearing Drivers Have the Same Right to Fair Compensation
Hearing loss does not shrink your claim. Under California law, anyone injured by another driver’s negligence may seek payment for medical bills, lost income, vehicle repairs, and pain and suffering through a personal injury claim. Your hearing status is not a valid reason for an insurance company to assign you more blame or offer you less.
Fault in a California crash is based on what each driver did, such as speeding, running a red light, or following too closely. A deaf or hard-of-hearing driver who follows the rules of the road is held to the same standard as every other driver. If the crash caused a serious or catastrophic injury, your claim may also include future medical care and long-term needs.
Your Communication Rights at the Scene and in the Hospital
Under the Americans with Disabilities Act (ADA), police and other law enforcement agencies must offer people who are deaf or hard of hearing the same services they provide to everyone else. According to the U.S. Department of Justice, agencies generally must supply the communication aids and services needed for effective communication, and they cannot charge you for those services. Agencies must also give primary consideration to the aid you request, whether that is a sign language interpreter, written notes, or another option.
Interpreters are not always required for quick exchanges, but they may be needed for lengthy or complex conversations, such as a police interview with a crash victim. The same guidance notes that only about one third of spoken words can be picked up through lip reading, so you may ask for a more reliable option. Medical providers also have duties under the ADA, which means you may request effective communication during treatment as well.
Steps That May Protect Your Claim
The following simple steps after a crash may make communication easier and help preserve the evidence your claim relies on:
- Request your preferred communication method: Tell officers, paramedics, and hospital staff how you communicate best, whether through an interpreter, written notes, or text.
- Record the report number: Ask the officer for the police report number so you can request a copy of the written report later.
- Keep insurance communication in writing: Email creates a record of every request, offer, and promise, and it avoids phone calls that may be hard to follow.
- Save damaged devices: Hearing aids, cochlear processors, and phones may be damaged in a crash, so keep them and your receipts because replacement costs may be part of your claim.
These steps may protect your options while you focus on healing, and we can help with everything else.
Handling Insurance Adjusters and Filing Deadlines
You do not have to face insurance adjusters on your own. Once you hire an attorney, adjusters can be directed to speak with us instead of with you, which may spare you phone calls and recorded statements. If the at-fault driver has no coverage, your policy may cover an uninsured motorist claim, and if the driver fled the scene, a hit-and-run claim may still be possible.
Deadlines matter in every California injury claim. The general time limit to file a personal injury lawsuit is two years from the date of injury, and claims involving a government vehicle or agency may require notice in as little as six months. Reaching out early gives us time to gather evidence, review medical records, and protect your rights before those windows close.
Contact Setareh Law for Help With Your California Car Accident Claim
Setareh Law has recovered over $400 million for injured clients, and our attorneys bring 60 years of combined experience to every case. With more than 900 five-star reviews, we work hard to earn the trust of everyone who contacts us, and we handle every case on a contingency fee basis, so you pay only if we get you results.
We have seven office locations and offer home visits, so you can reach us in the way that works best for you. If a crash has changed your life, tell us how you prefer to communicate, and we can talk through your options together. Contact Setareh Law to schedule your free consultation today.