Maison Law’s Gilroy personal injury lawyers can represent you if you’ve been injured in a car accident. These accidents happen virtually every day throughout the city, and while they’re frustrating, being in one does give you certain options. To learn more about what the legal process can do for you, contact our team today for a free consultation.
Why Would You Need a Lawyer?
There’s no legal requirement in California that says you need a lawyer after a car accident. In fact, in the event that your car accident is minor, you probably don’t need to worry about the legal process at all. However, any car accident can result in more significant injuries or damage to your car. When that happens, you could need the guidance and experience of our car accident lawyers at Maison Law.
With extensive experience in car accident claims, our team supports drivers, passengers, and pedestrians. We gather evidence, negotiate with insurance companies, and represent you in court if necessary, even taking your case to trial if needed. Our goal is to make things easier for you, and we work on a contingency-fee basis, so there’s no upfront cost.
How Can You Make Your Claim Stronger?
Once you’re in a car accident, it becomes your duty to do what you can to make your claim stronger. This is going to be very important to how your claim plays out, and can even impact what you’re able to recover in your claim. At the same time, the aftermath of a car accident is usually confusing and scary, particularly if you’re more seriously injured. So, if you find yourself in this situation, here’s what you need to do to make your claim stronger:
- Get medical attention – Your health is the top priority. Check yourself for injuries and call 911 for police and ambulance response. Accept medical care at the scene and follow up at a hospital or urgent care.
- Gather evidence at the scene – If it’s safe, document the scene with photos or videos. Capture any damage to your car and visible injuries. Also, photograph other relevant details like skid marks, road defects, or malfunctioning streetlights.
- Work with investigators – Work with the police and insurance companies, sticking to the facts. Avoid lying or exaggerating the situation, as this can harm your case.
- Swap information – Once safe, exchange contact and insurance details with other involved parties and witnesses. If you’re uncomfortable, the police can assist you.
Staying calm and clear-headed after an accident is crucial, though it can be challenging when injured. Remember, our team is here to support you throughout the process.
Who Pays For Your Damages When You’re in a Car Accident?
There’s a huge benchmark for any car accident case–figuring out liability. This tells you who your claim will be against, as well as who is legally responsible for paying for your damages from the accident.
Obviously, it’s not always straightforward in a car accident, given the many different causes and types of accidents there are. But the legal standard for liability is “negligence.” Proving negligence involves showing that the other party acted carelessly, leading to the accident and your injuries. This requires showing that:
- The other person had a duty to drive safely and avoid harming others.
- They breached this duty by being careless.
- Their carelessness directly caused the accident and your injuries.
Once negligence is established, it becomes clearer who your claim should be against. Typically, it’s the other driver (specifically their car insurance company), but responsibility could be shared among others, such as:
- Other drivers
- Vehicle owners not driving
- Car manufacturers (if a defect caused the accident)
- Government agencies (if poor road conditions were a factor)
- Employers (if the driver was on the job)
- Mechanics or repair shops (if faulty repairs contributed)
Liability and negligence will guide your claim, but understanding the specific circumstances and types of car accidents can help clarify what lies ahead. With many drivers on Gilroy’s roads, whether driving on Route 101 or Route 152, car accidents are common. Key causes usually involve negligent acts like:
- Distracted driving
- Reckless driving or speeding
- Not yielding the right of way
- Unsafe lane changes
- Driving under the influence
- Driving while drowsy
These actions can lead to various types of accidents, from head-on collisions to sideswipes. What these accidents result in, though, are injuries and other damage that you’ll have to deal with.
What Are Your Damages in a Car Accident?
There’s two ways to look at the damages that come from a car accident. First, there’s the physical injuries and other impacts on your life. Then, there’s the “damages” that are available to you under the law. Both of these things are closely related, but it’s important to understand the process and how connected they are.
Injuries in a Car Accident
Every car accident is going to result in some type of damage. Most of the time, this is a physical injury or damage to your car. But there’s also the mental and psychological impact that comes with a car accident. No matter what type of accident you’re in, you could experience any of the following:
- Whiplash
- Injuries to the head, neck, and shoulders
- Cuts and bruises
- Broken bones and fractures
- Traumatic Brain Injuries (TBI)
- Strains in the back
- Burn injuries
- Psychological and emotional trauma
- Fatalities, in severe accidents
Damages in an Injury Claim
The other side of the coin regarding your damages in a car accident is what you can actually recover in an injury claim. In legal terms, your “damages” refer to your losses that you go through because of the accident. And the way you get these damages is by filing an injury claim, either through insurance or with a lawsuit.
- Insurance claim – This is the first step, involving filing with the at-fault party’s insurance company. It’s less formal and quicker, but insurers may offer less than you deserve.
- Lawsuit – If you decide to file a lawsuit, it means taking your case to court, which takes more time but offers potential for higher damages. Our team handles legal tasks, but litigation can be lengthy.
Regardless of your choice, our team guides you through. California law has a two-year statute of limitations for filing, so timing is crucial. Your damages, or losses from the accident, can include things like:
- Medical costs
- Vehicle expenses
- Lost wages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Wrongful death expenses
No matter what kind of accident you’ve been in, California law offers ways to get financial help. But before you do anything, it’s smart to talk to our team to get a better idea of your options and what you can expect.
Frequently Asked Questions
How many car accidents happen in Gilroy per year?
According to the California Highway Patrol’s Transportation Injury Mapping System (TIMS), there have been an average of 180 car accidents per year over the last three years.
Can I still file a claim if I’m partially at-fault?
Yes. California has a “comparative negligence” rule that says any percentage of fault you contribute to the accident will reduce your recovery of damages by that same percentage, but you can still file a claim after a car accident.
If my child is hurt in a car accident, how long do I have to file a claim?
You still have two years to file your injury claim, but it doesn’t kick in until your child turns 18 years old. That said, the sooner you file, the easier it is to tie injuries to the accident.
Experienced Gilroy Car Accident Lawyers
If you or a loved one has suffered injuries in a car accident caused by someone else’s negligence, Maison Law’s team of experienced Gilroy car accident lawyers is ready to support you. We use our experience to hold responsible parties accountable and make sure our clients get results. Contact us for a free consultation if you’ve been in a car accident in Gilroy.
