If someone else’s negligence injured you in a car accident and you’re facing medical bills, lost income, or other damages, consult our Stockton car accident lawyers. At Roberts Personal Injury & Car Accident Lawyers, we can explain your rights and whether pursuing a legal claim is in your best interest.
No matter how minor it may seem, every accident can lead to costly car repairs, medical expenses, and lingering injuries. The stress and financial burdens associated with auto accidents can quickly become overwhelming.
You don’t have to face it alone.
Our team of Stockton car accident attorneys is here to offer you and your family the support you need during this unsettling and challenging time. Car accidents can frighten and confuse anyone. If you or a loved one was in a significant car accident, please contact Roberts Personal Injury & Car Accident Lawyers as soon as possible. It’s what we do. It’s in our name.
Your Guide to Car Accident Attorney in Stockton
Why Choose Roberts Personal Injury & Car Accident Lawyers?
Car accident claims can be complex and emotionally taxing, especially when dealing with injuries or property damage. Understanding the legal process steps can help you feel more prepared and confident as you navigate the aftermath of an accident.
The Stockton car accident lawyers at Roberts Personal Injury & Car Accident Lawyers can assess your situation to determine if you have a claim. Our legal team will help determine if someone else’s negligence is responsible for your injuries.
Consulting a legal professional is crucial to understanding the strength of your car accident injury claim. We can guide you through the process and help you seek compensation if you have a valid case.
Our personal injury lawyers will thoroughly prepare your case by gathering evidence, talking to everyone involved in the crash, looking at the automobile manufacturer, contacting all treating doctors, and ordering all medical information necessary. We then get the best experts available to prove your case to the jury.
How Can a Stockton Car Accident Lawyer Help Me?
Insurance companies aim to limit their financial liability in the event of an accident. Their legal and claims departments often strive to reach settlements that minimize payouts.
Your most reliable course of action for safeguarding your legal rights following a car accident is to consult with a local attorney. A personal injury lawyer who handles auto accidents will diligently protect your rights and interests.
While you concentrate on your recovery from injuries, your attorney will manage all the essential paperwork. By enlisting legal representation, you can rest assured that you won’t need to expend too much time or energy on these matters.
How Can a Lawyer Help Establish Liability for a Car Accident Claim?
Investigating a car accident thoroughly is essential to determine liability and build a strong case. There are many factors involved in investigating a car accident. Our experienced team of car accident lawyers knows what to look for and can gather the information needed to evaluate your claim.
Here are some of the things we look at:
- Accident scene evaluation: We will gather any photographs taken at the accident scene, which can provide information about vehicle positions, damage, road conditions, traffic signs and signals, and any visible injuries. We will also look into weather conditions, time of day, and any other relevant details that might have contributed to the crash.
- Police report: We can request a copy of the police report, and we will work with the police officers who handled the accident scene.
- Medical records: You must keep detailed records of all medical treatments, including doctor’s notes, bills, and prescriptions.
- Witness statements: We will obtain statements from witnesses who saw the accident and document their contact information and what they observed. We can also interview the other drivers and passengers involved in the accident to gather their perspectives.
- Vehicle inspection: You should have your vehicle inspected by a qualified mechanic to assess damage and potential defects. Preserve any vehicle parts that may be crucial as evidence.
- Insurance information: We will work with your insurance company and the other insurance companies for any other drivers involved in the car accident.
- Expert witnesses: If necessary, we will consult with accident reconstruction experts who can analyze the scene and provide expert opinions on the accident’s cause.
- Surveillance and dashcam footage: We will check for any nearby surveillance cameras that may have recorded the accident or from dashcams or other recording devices in the vehicles involved.
If you’re pursuing a legal claim, a personal injury attorney can guide you through the process, help gather evidence, and represent your interests. You will work with your attorney to negotiate a settlement with the at-fault party’s insurance company. If the insurance company refuses to settle, you can file a lawsuit and go to court.
Thoroughly investigating a car accident can establish liability and protect your rights. A legal professional experienced in Stockton car accident cases can navigate the complex process of gathering evidence and pursuing your claim.
Car Accidents in California
The California Office of Traffic Safety collects car accident data for the state from the California Highway Patrol (CHP). Its Statewide Integrated Traffic Records System (SWITRS) collects and processes data from collision scenes.
In the Annual Report of Fatal and Injury Motor Vehicle Traffic Collisions, CHP reports 3,737 people killed in vehicle crashes, 269,031 injured, and 3,438 fatal crashes. CHP counted 187,211 injury crashes. An earlier report lists 28 fatal crashes and 1,574 injury crashes in Stockton.
What Types of Damages Will My Car Accident Claim Cover?
A car accident claim may cover two main groups of damages:
- Medical expenses: This includes the costs of medical treatment, hospitalization, surgery, medication, rehabilitation, and any future medical expenses related to the accident.
- Property damage: This covers repairing or replacing your vehicle and any personal property the accident damaged.
- Lost income: If you cannot work due to injuries sustained in the accident, you may deserve compensation for lost earnings, including past and future income.
- Loss of earning capacity: In cases of severe injuries that result in a long-term or permanent reduction in your ability to earn income, you may recover compensation for your loss of earning capacity.
- Funeral and burial expenses: If the accident resulted in a fatality, the family may seek compensation for funeral and burial costs.
- Pain and suffering: This includes compensation for physical pain, emotional distress, and the overall suffering caused by the accident and injuries.
- Mental anguish: Damages may pay for psychological trauma, anxiety, depression, or other emotional distress resulting from the accident.
- Loss of consortium: This pertains to damages awarded to a spouse for the loss of companionship, affection, and intimacy due to the injuries sustained by the injured party.
- Loss of enjoyment of life: Compensation for losing the ability to enjoy activities and hobbies as you did before the accident.
- Punitive damages (in some cases): Punitive damages do not compensate the injured party but punish the at-fault party for particularly reckless or egregious behavior. They are relatively rare and typically require a higher burden of proof.
The specific damages you may recover will depend on the severity of your injuries, the extent of property damage, liability factors, and the applicable laws in your state.
Consult a personal injury attorney who can assess your situation, explain which damages apply, and pursue the compensation you deserve through negotiations with insurance companies or a lawsuit if necessary.
Is There a Time Limit to File Car Accident Claims in California?
In California, the statute of limitations for a car accident claim typically gives you two years from the accident date to file a lawsuit against the at-fault party if you wish to pursue a legal claim for damages related to the accident.
This deadline is subject to certain exceptions and can vary depending on the circumstances of your case. For example, different rules may apply if a car accident results in wrongful death. Additionally, shorter notice requirements may apply if you pursue a claim against a government entity, such as a city or county.
To meet all legal deadlines and understand how the statute of limitations applies to your situation, consult an experienced Stockton car accident lawyer. We can provide you with guidance tailored to your case and take the appropriate legal actions within the required time frame.
What Is Third-Party Liability in a Car Accident Claim?
Third-party liability in a car accident claim refers to the legal responsibility of a person or entity, other than the injured party or their insurance company, for the damages and injuries resulting from a car accident. In a car accident context, the parties involved can typically be categorized as follows:
First party: This is the individual or party directly affected by the accident, often the injured driver or their passengers. Their own insurance policy may cover some of their damages, depending on their coverage.
Second party: This refers to the insurance company of the person or entity at fault for the accident. The injured party may file a claim against the at-fault party’s insurance to seek compensation for their losses.
Third party: In this context, the third party is someone other than the injured party or the at-fault party who may bear some responsibility for the accident.
This could include:
- Other drivers: If multiple vehicles were involved in the accident, each driver’s insurance company may be considered a third party for the others involved.
- Entities or businesses: If the accident occurred due to a defective vehicle part, poor road maintenance, or inadequate signage, the manufacturer, maintenance company, or government entity responsible for the road could constitute liable third parties.
- Other potential third parties: Depending on the circumstances, other individuals or entities like witnesses, contractors, or employers of the at-fault driver, if they were on the job at the time of the accident, may bear liability.
Establishing Third-Party Liability
Establishing third-party liability involves demonstrating that the actions or negligence of the third party contributed to or directly caused the accident and resulting injuries. If successfully proven, the injured party may seek compensation from these third parties in addition to any claims against the at-fault driver’s insurance.
To establish third-party negligence in a car accident claim, you typically need to demonstrate the following elements:
- Duty of care: Show that the third party owed you a duty of care. All drivers must operate their vehicles safely and follow traffic laws.
- Breach of duty: Prove that the third party breached their duty of care. This means showing that they acted in a way that deviated from what a reasonably prudent person would do in similar circumstances. For example, if they were speeding or ran a red light, it could constitute a breach of duty.
- Causation: Establish a direct link between the third party’s breach of duty and the accident. You need to show that their actions caused the accident and your injuries.
- Damages: Provide evidence of the damages you suffered because of the accident. This can include medical bills, property damage, lost income, pain and suffering, and other related losses.
- Negligence of the third party: Lastly, you must demonstrate that the third party’s negligence primarily caused the accident, not your actions.
Product Liability Claims in Car Accident Cases
A third-party liability claim may involve product liability. Product liability in a car accident claim relates to holding manufacturers, distributors, or sellers of defective automobile components or products responsible for accidents and injuries caused by those defects. It involves pursuing legal action against these parties to seek compensation for damages resulting from the defective product.
Three primary defects can lead to product liability claims in car accidents:
- Design defects occur when the product’s initial design is inherently unsafe. Even when manufactured as intended, the product poses a danger to users.
- Manufacturing defects result from errors or flaws in the manufacturing process, making individual products different from the intended design.
- Failure to warn: You may hold the manufacturer liable if they fail to provide adequate warnings or instructions about a product’s inherent risks.
To succeed in a product liability claim, you must establish a direct link between the defective product and the accident or injuries. You must demonstrate that the product defect caused the accident or worsened injuries.
An experienced Stockton car accident lawyer can help assess whether third-party liability applies in your situation and can help you navigate the legal process for seeking compensation from all responsible parties.
Contact a Stockton Car Accident Lawyer at Roberts Personal Injury & Car Accident Lawyers Today
Did you suffer injuries from a car accident in Stockton? You don’t have to navigate the legal complexities alone. The experienced Stockton personal injury lawyers from Roberts Personal Injury & Car Accident Lawyers are here to advocate for your rights, assess your case, and seek the compensation you deserve.
Our Office in Stockton, California
Roberts Personal Injury & Car Accident Lawyers
11 S San Joaquin St, Ste 610,
Stockton, CA, 95202