Maison Law Accident & Injury Lawyers of Modesto can help you through the legal process after a car accident. Our team of dedicated personal injury lawyers know how difficult these accidents can be, and how they can happen when you can least afford them. Don’t face the situation alone, contact us today to set up a free, no-obligation consultation to talk about your options.

When Do You Need a Lawyer?

Even though car accidents are common in Modesto, you probably don’t think about what would happen if you’re in one. But it can happen, and when it does, you have legal options. In California, though, you don’t technically need a lawyer because there’s no legal requirement that says so. Further, if your accident is minor, it probably won’t require legal action.

At the same time, you can really get hurt in these accidents, and the more hurt you are, the more help you’ll probably need. Our team can help in this situation. Here’s how:

  • Investigation – We’ll thoroughly investigate to find out exactly why the accident happened.
  • Getting evidence and information – We’ll collect all the important evidence to support your case.
  • Talking to witnesses and experts – We’ll speak with anyone who saw the accident and consult with experts for valuable insights.
  • Managing correspondence with insurance – We’ll handle all communication with the insurance company and the other party’s lawyers on your behalf.
  • Discussing a fair settlement – We’ll work hard to make sure you receive the best possible settlement for your case.

Our focus is on meeting your needs. We prioritize what you want and require from the legal process. Plus, we offer free initial consultations and work on a contingency-fee basis. This means you don’t pay anything upfront, allowing you to concentrate on your health and family.

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Who’s Responsible For Your Injuries?

The main aim of any car accident claim is to recover damages, which simply means financial support for your injuries and other losses. However, before filing a claim, you need to determine who is responsible, or liable.

In simpler terms, who you can sue after a car accident depends on who caused the accident due to negligence. To prove negligence, you must show that the other person acted carelessly and caused the accident, resulting in your injuries.

Here’s what’s typically involved in proving negligence:

  • The other person had a duty to drive safely and avoid harming others.
  • They failed to meet this duty by being careless.
  • Their carelessness directly caused the accident, leading to your injuries.

Once we establish these points, we can determine who’s responsible for covering your damages. While it usually falls on the other driver involved, liability can be shared among different parties, including:

  • Other drivers involved in the accident
  • Vehicle owners if the driver wasn’t the owner
  • Manufacturers if a defect in the car contributed to the accident
  • Government agencies if poor road conditions played a part
  • Employers if the driver was working at the time or in a company vehicle
  • Mechanics or repair shops if faulty repairs caused the accident

What are your damages?

Similarly, your damages can vary, but the law allows victims to recover a general set of potential damages in a claim, including:

  • Medical bills and treatment expenses
  • Car repair or replacement costs
  • Lost wages or future earnings due to missed work or being unable to work
  • Financial considerations for physical pain and mental suffering caused by the accident
  • Costs relating to any loss of companionship or quality of life
  • Wrongful death expenses in the event the accident or injuries are fatal

Facing a car accident is always tough, but getting these damages can be extremely important to not just your physical recovery, but how well your life progresses in the future.

What’s the Legal Process After a Car Accident?

In terms of the actual legal process, the main goal is to get financial support for your losses caused by the accident. But before we get into what your damages are, it’s important to look at the actual claims process. Basically, you file an injury claim by either:

  • Filing an insurance claim outside of court
  • Filing a personal injury lawsuit in the court system

There’s benefits and drawbacks to each approach. With an insurance claim, you’ll:

  • Submit your claim, and an adjuster will assess its value by conducting their own investigation. Once that concludes, they usually offer you a settlement.

Settling out of court can be faster and cheaper, with less hassle and a clearer understanding of your case’s value. However, negotiating with insurance companies can have drawbacks, such as stall tactics or low settlement offers.

If the insurance settlement isn’t enough (which it usually isn’t), you can proceed to a lawsuit, which means going to court. Here’s what’s involved in that process:

  • It takes more time and effort but offers the potential for greater recovery.
  • You’ll have a more active role in the legal proceedings, though our team will handle most of the legal tasks, like attending hearings and making filings.

It’s important to understand that success in court isn’t guaranteed, but it’s an important option for receiving the support you deserve under California law. Remember, there’s a deadline for filing a claim in California, which is two years from the date of the accident. Missing this deadline means you can’t file a claim, so it’s crucial to act promptly to make sure you get the damages you need.

Strengthening Your Car Accident Claim

The moments following a car accident can be distressing, especially if there are injuries involved. However, these moments are crucial for the outcome of any potential claim. Therefore, it’s important to take certain steps to strengthen your claim:

  • Get to safety – If it’s safe, move your vehicle to the side of the road to avoid traffic. Check yourself and passengers for injuries and call 911 for assistance.
  • Swap insurance information – Exchange your contact and insurance details with others involved in the accident.
  • Report the accident – Contact the police, especially if there are injuries, significant damage, or if others are uncooperative.
  • Get medical attention – When an ambulance arrives, get medical care from them for any immediate injuries. Then, get further care with your doctor or at an emergency room for more extensive treatment.
  • Gather evidence – Use your phone to take photos and videos of the accident scene, including any vehicle damage, injuries, and important road signs.
  • Tell your car insurance – Inform your insurance company about the accident to initiate the claims process.
  • Keep records of damages – Save all relevant documents, such as medical bills, repair estimates, and communications with insurance companies.

Every car accident is unique, so not all of these steps may be necessary in every situation. However, following these guidelines is the best way to protect your health and your potential claim.

What Types of Car Accidents Are Most Common in Modesto?

In Modesto, a variety of car accidents can occur, potentially involving you. Based on our experience assisting car accident victims, here are some common types we usually deal with:

  • Single-vehicle accidents – These involve a car crashing or encountering trouble without hitting another vehicle, such as hitting a tree or guardrail.
  • Multi-vehicle accidents – These happen when two or more cars collide. Determining fault can be complex.
  • Sideswipes – These are when the side of a car hits another while moving in the same direction, also known as a t-bone.
  • Rear-end collisions – One car crashes into the back of another, often due to sudden stops.
  • Commercial truck accidents – These involve large trucks, and they can cause significant damage due to their size and weight.
  • Motorcycle accidents – Result from collisions with other vehicles or objects, often causing severe injuries due to lack of protection.
  • Rideshare accidents – These happen when the car is driven by someone working with a rideshare service, like Uber or Lyft.
  • Pedestrian accidents – These happen when a vehicle hits a pedestrian, posing significant danger to the pedestrian.
  • Bicycle accidents – These involve collisions between vehicles and bicycles, posing risks to cyclists due to a lack of protection.

Despite car accidents being so common in Modesto, it’s impossible to predict where and when they’ll happen. That said, one thing you can expect is to suffer a wide range of injuries, from cuts to broken bones and even traumatic brain injuries (TBIs).

Frequently Asked Questions

Yes, you can share some liability. California has a comparative negligence rule, which says any percentage of fault you share in the accident will reduce your overall recovery of damages by the same percentage.

The more cars that are involved, the more complicated the accident is. That said, you can get damages from everyone responsible for the accident. So, the more people that are involved, the more potential avenues you have to file a claim.

How quickly your car accident injury claim settles in California varies based on the accident’s specifics. Negotiating with insurance companies plays a big role. Once you submit an official demand, our lawyers can help. Just keep in mind, California law says you must file a lawsuit within two years of the accident.

Experienced Modesto Car Accident Lawyers

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