Getting into a car accident can have a profoundly negative impact on one’s life. In an instant, everything can change, leaving a person with crushing debt, emotional distress, and physical injuries. Navigating the legal complications of insurance claims and court challenges can be frightening, especially when your primary focus is on recovering. A Rialto car accident lawyer can help you with your struggles.
Why Choose Us?
After a car accident, choosing skilled legal representation can significantly affect the outcome of your case. The laws governing auto accidents in Rialto and the surrounding areas are well-understood by our team, and we leverage this to build compelling cases for our clients.
We provide the peace and confidence that comes with having a successful and dependable legal team on your side. Our reputation and accomplished record testify to our legal skills and knowledge. Choosing Duque & Price means having a partner who can assist you all the way, from the initial consultation to the final resolution of the matter.
California Laws Regarding Auto Accidents
For auto accidents, California is a fault-based state, which means that whichever motorist is judged to be at fault must pay for the damages. This can be accomplished by way of their insurance coverage as well as, if required, out-of-pocket payments or legal action. It’s essential to comprehend the main points of California’s auto accident regulations if you want to safeguard your rights and obtain just compensation:
Comparative negligence. California adheres to the concept of “pure comparative negligence,” which permits you to obtain damages, even in situations when you bear some of the blame for the collision. However, the amount of your compensation will be reduced by the portion of your fault. For instance, you are still entitled to 70% of the damages, even if it is determined that you are 30% to blame.
Limitation period. Following a car accident, you only have a short window of time in California to bring a personal injury claim. For these claims, the statute of limitations is normally two years from the date of the accident; for property damage claims, it is three years. You may forfeit your right to seek compensation if you don’t file within this period.
Insurance requirements. By law, all drivers in California must carry a minimum quantity of liability insurance. These sums, though, might not be enough to pay for all losses in a catastrophic collision, so it’s crucial to look into additional compensation options, like underinsured motorist coverage or filing a claim.
Hit-and-run accidents. In California, it is against the law to leave the scene of an accident without exchanging information or providing assistance. Violators risk serious consequences, such as fines, jail time, and a permanent criminal record. It’s critical to notify the authorities of any hit-and-run accident that you are involved in right away.
Evidence to Collect in a Car Accident
Building a solid case following an automobile accident requires gathering the appropriate evidence. The information you compile can be used to establish responsibility, show the intensity of your injuries, and bolster your demand for payment. When building a case, strong evidence and information are crucial. Some things to collect include:
Images and videos. Record the accident scene with clear, detailed pictures and videos, making sure to capture all the vehicles involved, any obvious damage, skid marks, road conditions, traffic signs, injuries, and any other contributing factors to the accident.
Testimony statements. If anyone saw the accident, get their contact information and a brief account of what they saw. Witness testimony can support your version of events and offer an objective description of what transpired.
Police record. No matter how small the collision appears, you should always call the police. Crucial information, including the officer’s determination of blame, witness and driver comments, and any tickets issued, are all included in the police report. This formal document may be one of the most important pieces of evidence.
Health information. After the accident, get medical help right away, even if you don’t feel like you’re gravely hurt. It’s important to have medical documents that detail your injuries from the beginning because some injuries might not be noticeable right away. Since these records will be used to support your injury claims, they should contain the diagnosis, treatment plan, and any long-term prognosis.
Information on insurance. Share insurance details with the other driver or drivers. This contains their name, policy number, insurance firm, and contact details. Making a note of their car’s make, model, and license plate number is also recommended.
How to File a Claim
Following an automobile accident, there are various processes involved in filing a claim in California. By being aware of these procedures, you can make sure that your claim is processed quickly and steer clear of frequent problems.
Inform your insurance company about the accident. Tell your insurance provider about the accident as soon as you can. Give them all the information they require, such as the date, time, and place of the incident, along with a succinct account of what transpired. Speak with a lawyer before making any recorded statements or taking any settlement offers.
Make a claim against the at-fault party. You can make a claim for compensation for your damages from the other driver’s insurance carrier if they are at fault. You will have to present proof of the other driver’s liability as well as documentation of your losses, including estimates for repairs and medical expenses.
Gather and submit medical records. Make sure that all your medical procedures have thorough records. Maintain a record of every doctor’s appointment, medication, and any ongoing therapies. These records will be crucial in demonstrating the severity of your wounds and their related expenses.
Calculate the property damage. Obtain an estimate for the repairs of your car and any other items that were harmed in the collision. An adjuster from your insurance provider may also be dispatched to evaluate the damage.
Discuss a settlement. To settle the claim, the insurance provider could make a settlement offer. First offers are frequently less than what you would be eligible for. Having legal representation can be quite helpful in this situation, as they can negotiate on your behalf to make sure you get a fair compensation offer.
Bring legal action if needed. You might have to launch a claim to get the money you are entitled to if a fair settlement cannot be reached. Your attorney can represent you in court and assist you throughout the litigation process.
How Attorneys Can Assist
After a car accident, navigating the aftermath can be difficult, particularly when dealing with insurance companies and court cases. A knowledgeable automobile accident attorney can be of great help.
California’s rules pertaining to auto accidents can be complicated, particularly when establishing culpability and comprehending comparative negligence. To protect your rights, a lawyer has the knowledge and experience to interpret these laws and apply them to your situation.
To put together a compelling case, your attorney can assist in collecting and organizing all relevant evidence. This entails getting hold of witness accounts, police reports, medical records, and, if required, expert testimony.
Insurance firms are known for offering low settlement offers. An experienced Rialto personal injury attorney is skilled in negotiating with these businesses to get you a just compensation that pays for all your losses, including missed income, medical costs, and pain and suffering. An attorney can also present your case and defend you in court if it goes to trial.
FAQs
How Much Do Car Accident Lawyers Charge in California?
Most car accident lawyers in California work on a contingency fee basis, which means they solely get paid if you win your case. For instance, if your lawyer’s contingency fee is 33%, they will charge 33% of whatever earnings you are awarded. This percentage could be different based on how complicated the case is, what stage it is in, and what you and your lawyer agree on.
Do I Need a Lawyer for a Car Accident in California?
Even though it’s not required by law, it’s a good idea to hire a lawyer after a car accident in California, especially if there are serious injuries, disagreements over who was at fault, or complicated insurance problems. A lawyer can help you get through the court system, talk to insurance companies, and make sure you get fair compensation for your injuries, medical bills, lost wages, and pain and suffering.
Is California a No-Fault Car Accident State?
California is not a “no-fault” state for car accidents. The state’s auto accident claims system is built on fault, which means that the driver who caused the accident is responsible for the damages. People who have been hurt can get money from the insurance of the driver who caused the accident, or they can file a personal injury claim if the insurance isn’t enough.
What’s the Most That a Lawyer Can Take From a Settlement?
The maximum that a lawyer can typically take from a settlement in California can vary. This is based on the complexity of the case, whether the case goes to trial, and other factors. If the case settles before trial, the contingency fee is usually lower. However, the exact percentage can be negotiated and should be outlined in your agreement with the lawyer.
Contact Duque & Price Today
If you have been injured in a car accident, an attorney at Duque & Price can help. Contact us today to get started.
Law offices of Brent Duque got me more than they had originally quoted me near the end of my lawsuit for a rear ending. Totally happy with the services and the teams communications. Thank you…
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Duque Law Office was recommended to me for my car accident late last year. From my initial consultation throughout my case, every team member I worked with was communicative, informative, and thorough. I highly recommend…
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I used this law office after I had a car accident last year. Due to the situation of the accident it was a lengthy process. I appreciate the help and patience that Les provided, she…
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I was rear-ended 2 years ago. And this law office was great on helping me with the settlement. They were also great at communicating with me and keeping me updated through the whole process!
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The law office of Brent A Duque was great, I highly recommend them to anybody needing lawyer services . Les was great I was always updated throughout the process 100/100
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Im very grateful to have a team like this to help and support me throughout my case. There was always communication, updates, and certainly went above and beyond. I would definitely recommend to any friends…