Driver’s Rights | Salinas Car Accident Lawyer

Car Accident Dangers In Salinas

Salinas is a small place that makes a big impression on the rest of the country with its agricultural output each year. Sending out flowers and vegetables to every corner of the nation and different parts of the world is something to be proud of.

When you travel local roads, it’s important to be wary of the big trucks that leave Monterey County every day carrying out this bounty of local goods. These trucks can be traveling at surprisingly high speeds and they can sometimes barely fit in one lane. An accident with such a big vehicle can be devastating to cars and SUVs. Your injury may leave you in pain and wondering if truck drivers depend on their own auto insurance or if the company they work for will help you. An attorney can sort out this complex issue for you when you’re left with an injury.

For a small city, Salinas can also see its share of big city traffic headaches. The consequences of those accidents are reported by the police department each year. KSBW-TV collected the police accident data for 2018 to pinpoint the worst intersections around Salinas. These spots prove dangerous every year:

• East Laurel Drive & Natividad Road — 32 collisions in 2018
• Boronda Road & Natividad Road — 22 collisions
• Boronda Road & McKinnon Street — 15 collisions
• East Alisal Street & Sanborn Road — 14 collisions

How Maison Law Helps Salinas Car Accident Victims

Located less than an hour south of San Jose and the Bay Area, and nestled in the heart of Monterey County, Salinas’s highways are an essential pathway for commuters and residents in Central California. Unfortunately, as traffic builds on Salinas’s roadways, the likelihood of an accident increases.

Car accidents in Salinas are typically seen on the local news station KSBW, but what you don’t see is the expensive medical bills, missed time at work, and pain and suffering that car accident victims have to suffer after an accident. But that’s where Maison Law comes in.

We detail the damage done to your life after a car accident and take the legal steps necessary to recover the maximum amount of compensation for the following:

• Emergency room treatment
• Hospital bills
• Medications and medical equipment
• Ongoing treatment for current and future medical needs
• In-home care
• Lost income
• Loss of consortium
• Vehicle repair
• Property damage

One of the first steps we’ll take is investigating the accident and filing a lawsuit against all parties responsible for your injuries. Car accident injuries are usually life-altering, so we exercise every avenue of legal recourse against those responsible to make sure you are fairly compensated for the amount of pain, suffering, and financial loss you’ve been forced to endure.

How California’s Fault Law Impacts Car Accidents

Under Code 1714, California is a fault state. This means that even if you’re found 60% at fault for an accident, you will have to pay the other party 60% of their damages. The statute details shared fault in the following statement:

“Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself. The design, distribution, or marketing of firearms and ammunition is not exempt from the duty to use ordinary care and skill that is required by this section. The extent of liability in these cases is defined by the Title on Compensatory Relief.” 

According to this law, if you violate your “duty of care” and injure another driver in an accident, you can be held liable for paying “Compensatory Relief” to the injured party.

City Code of Ordinances for Salinas Drivers

In Salinas, drivers must follow California State Traffic laws, which include speeding, yielding, and using cell phones while driving. Salinas has specific ordinances regarding driving on city property, which include:

• Ordinance Section 20-29: The driver of a vehicle emerging from an alley driveway or building shall stop their vehicle immediately prior to driving onto a sidewalk or into the sidewalk alley extending across any alleyway.
  
  
• Ordinance Section 20-30: No vehicle operator shall enter an intersection or a marked crosswalk unless there is sufficient space and the vehicle will not obstruct passage of other vehicles or pedestrians.
  
  
• Ordinance Section 20-31: Drivers are required to stop within fifty fee of the nearest side of every school pedestrian lane where any signal device, flagman, or other person is stationed giving warning that children are about to cross the street.
  
  
• Ordinance Section 20-32: A funeral composed of a procession of vehicle shall be identified by the display on the outside of each vehicle or other identifying insignia, or by other methods determined by the traffic and patrol division.

How to Prove Fault in a Car Accident in California

To establish that a driver was careless and caused your accident, you would need to prove the following:

• Duty of care: the other driver has a legal obligation to drive with caution and prevent any hazardous incidents that could injure someone
  
  
• Breach: the driver failed to uphold their duty of care toward other drivers
  
  
• Cause: the driver’s carelessness was a direct cause of the accident
  
  
• Damages: You suffered verifiable damages and incurred heavy losses due to the injuries sustained from the accident

These elements of carelessness appear relatively straightforward. However, proving these careless acts to an insurance company takes legal experience and the expertise of a car accident lawyer.

How Police Assign Fault for an Accident in California

When an Officer of the Salinas Police Department is called to an accident, they will attempt to capture as much information as they can about the accident. At first glance, they’ll look to see what happened leading up to it, how it started, and who was the likely at-fault party. While determining fault at the scene of the accident, police officers will look at the following:

• Evidence at the scene:
  • Tire marks
  • Road damage
  • Vehicle damage
• Eyewitness statements
• Appearance and behavior of both drivers
• Whether a citation has been issued to either driver in the past (speeding, tailgating, DUI, or other concerning violations)
• Any other available evidence such as street cameras, dash cams, or photos

After an investigation, police will issue citations for any violations committed by either driver. Citations can be harmful to both drivers in an accident case. However, guilt of a traffic violation is only settled after a ruling, conviction, or the payment of the fine without pleading “nolo contendre.” So, if you are given a citation, but feel it was unwarranted, you do not have to admit fault. Contact an accident attorney to help you build your case and protect your rights.

How to Strengthen Your Claim Immediately After a Salinas Car Accident

The steps you take after a car accident will be important to ensuring you and your passenger’s safety, as well as protecting your right to compensation if you decide to take legal action. At Maison Law, we recommend taking the following steps after a car accident in Salinas:

• Ensure the safety of you and your passengers: Depending on the situation, this could mean moving your car to the side of the road, or if you are severely injured, it could mean remaining where you are until help arrives. Check yourself for burns, lacerations, or broken bones. Oftentimes, the adrenaline from an accident can mask the pain from major injuries.
  
  
• Call the Salinas Police: The police will file an accident report and take down the names of everyone involved, as well as assign fault based on the evidence in front of them. A police report will serve as evidence if you need to back up your claims later.
  
  
• Document the incident: Take photos or film the aftermath of the bus accident. Film yourself recounting the details of the incident and describe the pain you’re in. It is best to capture how the accident played out while the memory is still fresh in your mind.
  
  
• Gather witness statements and driver information: Film or record witnesses willing to give a statement about the accident. Take down their names and phone numbers. Take a picture of the other driver’s license and license plate number. Take down the contact information..
  
  
• Do NOT admit fault: Don’t admit fault even if you feel you may have caused the accident. Allow the police to conduct their investigation and determine fault.
  
  
• Get Medical Attention: Even if you feel fine, it is important to get checked out by a doctor or go to a hospital. Certain injuries can lie dormant and manifest themselves hours, or even days later.
  
  
• Notify your insurance of the accident: Notifying your insurance of the accident is typically a part of any auto insurance policy. Failing to report accident can result in a dismissal of your policy agreement, depending on the contract you signed with your insurance company.
  
  
• Contact Maison Law: after an accident it is important to speak to one of our attorneys as soon as possible. We will make you aware of your rights, connect your to immediate medical resources, and manages your claim, so you can focus on more important matter like your health and family.

Types of Salinas Car Accident Settlements

While there is no typical settlement amount for car accident claims, there are three settlement amounts accident victims can expect after winning their claim. These settlements include:

• Low settlement: low settlements usually consist of minor accidents with little to no injuries. Medical bills and property damage costs are usually low in minor accidents, so the settlement amount will reflect the cost of damages.
  
  
• Moderate settlements: moderate settlements apply to accidents with moderate injuries such as whiplash, fractures, and bruises. These injuries will require some medical treatment, as well as some missed work. The recovery period can be somewhat long, but victims typically make a full recovery.
  
  
• High settlements: high settlements involve severe injuries, resulting in long-term medical treatment, permanent disability, or fatalities. These cases usually receive substantial compensation due to the extent of medical expenses, lost wages, pain and suffering, as well as the extent of negligence which caused the accident.

What Factors Could Decrease My Settlement?

Understanding the factors that can potentially harm your case is essential to knowing the value of your lawsuit. At Maison Law, we can highlight the reasons you deserve to be compensated while also protecting you from the factors that could reduce your compensation. Factors that may decrease your settlement after a car accident in Salinas include:

1. Comparative negligence: if you are found partially at fault, your settlement can be reduced by your percentage of liability.
   
   
2. Pre-existing conditions: pre-existing medical conditions unrelated to the accident could complicate and potentially decrease the settlement.
   
   
3. Lack of strong evidence: the inability to prove the liable party’s fault or carelessness in the accident can undermine your case and reduce your settlement.
   
   
4. Delayed medical treatment: delays in seeking medical treatment after the accident may count against you as it implies your injuries were not that severe
   
   
5. Inconsistent statements: inconsistencies in your statement or re-telling of the incident can hurt your credibility and diminish settlement prospects

How Maison Law Builds a Strong Case for Salinas Car Accident Victims

The financial and physical toll car accidents can have on your life is why it is advisable to speak to a skilled Car Accident Attorney at Maison Law. Our comprehensive car accident experience has helped numerous injured drivers recover maximum compensation for their medical bills, lost wages, and future financial losses.

We will build a strong case on your behalf by:

• Investigating and determining wrongdoing or recklessness: Car accidents are complicated due to the number of victims and liable parties involved. There will be several people to get statements from, and some parties may only be discussing their involvement through their attorneys.
  
  
• Collecting and preserving key evidence: Car instrument data, street cameras, dash cams, and witness statements are all key points of evidence for your case. A lawyer can take the proper legal steps to obtain this information and strengthen your claim.
  
  
• Communicating with insurance companies and other attorneys: With some drivers driving for companies, as well as having personal insurance, it is recommended to have an attorney speak to the insurance adjusters on your behalf. Oftentimes, insurance companies will attempt to trick you into taking part of the blame or get you to say something that hurts your claim. An attorney can protect you from blame and ensure your right to fair compensation.
  
  
• Proving liability: with several parties being involved, any number of them could have caused or contributed to the incident. This makes determining and proving liability challenging. An attorney will assign a team of investigators to determine the cause of the accident, identify all liable parties, and hold those responsible for compensating you for your damages.

Compensation Available After a Car Accident

After a car accident on a busy route like Highway 101, you’ll have up to two years to file an insurance claim. It’s the statute of limitations in California for injury claims. It’s important to allow your lawyer to examine your case as soon as possible though. You don’t want evidence to disappear or witnesses to become hard to locate after waiting months or a year.

When you and your personal injury lawyer feel your claim is ready to submit, you’ll be listing every personal damage you have endured.

These are just a few of the factors that will go into determining the amount you see on a car accident settlement check:

• All hospital and doctor expenses.
• Estimates on future costs associated with a long-term injury or permanent physical disability.
• The physical pain and suffering you endure.
• The emotional trauma you face in the accident and in recovery.
• Damage or destruction of property.
• Income you’ve lost from missing work and income you might have to forfeit in the future.
• Wrongful death benefits. Families left behind after a fatal accident seek support for burial costs and remaining medical bills. They should also expect help in the future when they’ll be without the guidance and income support a loved one can no longer provide.