Whenever there’s a car accident in Modesto, certain outcomes are virtually guaranteed. Damage to your vehicle, injuries, and maybe even emotional trauma are some of the most common results of a collision, especially if it happens in a wrong-way style accident.
At Maison Law, our Modesto car accident lawyers understand how difficult and impactful any car accident is on you and your family. We’ll help explain your legal options and what you need to do to make sure you get the rightful compensation you deserve. If you or someone you care about has been injured in a Modesto car accident, contact us today for a free consultation.
Who is At-Fault in Modesto Wrong Way Accidents?
It might seem straightforward when there’s a wrong way accident in Modesto in figuring out who is at-fault. After all, if a driver hits you while they’re going the wrong way on a street, that fits the legal definition of negligence. This violation of duty when it comes to keeping you and others on the road safe usually puts liability squarely on the other driver.
However, there are a number of reasons that a wrong-way accident can happen. And fault is often depending on the circumstances of the accident itself. Still, fault, and by extension, legal responsibility for the accident, can potentially involve several different parties:
- The driver who was traveling in the wrong direction and caused the accident is typically the primary liable party.
- If other drivers on the road could have taken actions to prevent the accident, they may share some liability. For example, if a driver had the opportunity to avoid a collision but failed to do so.
- If the wrong-way driver was driving a vehicle owned by someone else, the owner of the vehicle may share liability, especially if they allowed an unfit or inexperienced driver to use their vehicle.
- Poorly designed or inadequately marked roads and highways could contribute to wrong-way accidents. In such cases, the responsible government agency may share liability for not maintaining safe road conditions.
- In some cases, if the wrong-way driver was over-served at a bar or restaurant, and it can be proven that their intoxication led to the accident, the place that served them alcohol may be liable under the law.
- If a vehicle defect, such as faulty brakes or steering, contributed to the accident, the vehicle manufacturer may share liability.
How Can You Determine Liability?
Liability is an extremely important part of any injury claim, but particularly in a wrong way accident. This is because these accidents are typically severe in terms of the injuries and damage they cause. This means you’ll probably need extensive medical care and other options to aid in your recovery. So, it’s equally as important to make sure that you’re able to find all the liable parties. It’s here that our experienced team can help. Usually, we do this by:
- Investigation – We will thoroughly investigate the accident, gathering evidence such as police reports, witness statements, and any available surveillance footage.
- Consulting with experts – Our team may consult with accident reconstruction experts to determine the sequence of events and who was at fault.
- Reviewing traffic maps and laws – We’ll assess whether any traffic laws were violated and how this contributed to the accident. We’ll also review traffic maps to show that the driver was going the wrong way.
- Establishing negligence – We’ll consider whether one or both drivers involved were negligent, which is a key factor in determining liability.
- Checking driver impairment – If alcohol or drugs were involved, we’ll investigate whether impaired driving played a role.
- Reviewing vehicle records – We can also check for any issues with the vehicles involved, such as faulty brakes or other mechanical problems that might have contributed to the accident.
- Talking to witnesses – Our team will interview witnesses to establish a clear picture of what happened.
With our experience and dedication, we’ll make sure to narrow down all the liable parties so you can get the compensation you need to recover from any injuries. However, in order to actually recover these damages, you’ll need to file a claim.
What’s the Process for Filing a Claim Following a Modesto Wrong Way Accident?
In California, the law is clear regarding the accountability of those responsible for accidents resulting in injuries. According to the law, you, as an injury victim, have the legal right to file a claim for damages against every party that’s at fault..
While dealing with wrong way accidents can be demanding, our team of seasoned car accident lawyers is well-equipped to guide you through the entire process. In general terms, filing a claim can be done through either the standard insurance claim procedure or by filing a lawsuit in civil court. Both of these options give you the opportunity to seek compensation for various damages caused by the liable parties, which may cover things like:
- Medical expenses, including ongoing healthcare costs.
- Property damage.
- Emotional distress.
- Pain and suffering.
- Punitive damages, particularly in cases where the conduct of the responsible party is deemed exceptionally reckless.
Filing a claim not only protects your rights but also aims to secure full and equitable compensation for the multitude of damages you’ve suffered as a result of the accident. At the same time, the extent of your recovery ultimately hinges on the specific circumstances of your accident and the effectiveness of your claim. Through working with our experienced legal team, we handle this responsibility and guide you so you can receive the compensation you deserve.
What Challenges Come From Modesto Wrong Way Accidents?
Any car accident in Modesto is going to create challenges, but a wrong way accident is typically more challenging than others. While it depends on the circumstances, several challenges usually come out of these accidents, such as:
- Serious injuries and fatalities – Wrong way accidents can result in severe injuries and even fatalities due to the head-on nature of the collision.
- Emotional and psychological trauma – Victims of wrong-way accidents may experience emotional and psychological trauma, which can impact their quality of life.
- Legal challenges – Dealing with legal procedures, insurance claims, and potential lawsuits can be overwhelming for those involved, especially if they’re also trying to balance medical care.
- Long-term medical care – Injuries from wrong-way accidents may require ongoing medical care and rehabilitation, leading to significant medical expenses.
- Property damage – Besides personal injuries, wrong-way accidents often result in substantial property damage, particularly to your vehicle.
- Insurance challenges – Insurance companies may dispute claims, leading to disputes over compensation.
- Impact on your daily life – Wrong-way accidents can disrupt victims’ daily routines, including work and family life.
- Recovery process – Accident victims may face a long and challenging road to recovery, impacting their ability to work and enjoy life. Sometimes, injuries are such that they can no longer work or are totally disabled.
Every accident is different, and so is your particular path to recovery. That said, one way to make sure you have the support and guidance you need is to work with our experienced Modesto car accident lawyers. We have a wealth of experience in dealing with these claims and provide each client with a personalized approach to their case. This way, all you have to do is focus on your health and well-being. We’ll handle the legal responsibilities.
Free Consultations For Modesto Wrong Way Accident Victims
A wrong way car accident can happen when you least expect it in Modesto, but the impact can last well after the initial collision. When you’ve been injured in one of these accidents, Maison Law can help. Our team of Modesto car accident lawyers will make sure your legal needs are taken care of, allowing you to focus on your physical and mental recovery. Don’t hesitate–contact us today to set up a free consultation to get started.
