Maison Law’s Oakdale personal injury lawyers can help you if you’ve been injured in a car accident. No matter what type of accident you’re in or what your injuries are, we can explain the legal process to you and what your options are. Don’t hesitate–contact us today for a free, no-obligation consultation.
When Do You Need a Lawyer?
When you’re driving along Route 108 or South Yosemite Avenue in Oakdale, you can find yourself involved in many different types of car accidents. But you might not always need a lawyer. In fact, there’s no legal requirement that says you need one. At the same time, you can get seriously injured in any car accident. And the more hurt you are, the more help you’ll need.
That’s where our team comes in. With our experience and skill, we can make the process easier on you and your family. Here’s how:
- Explaining your options – As a car accident victim, you have certain legal rights and options. We understand how the law works and how it applies to your specific situation. We’ll explain this to you during your free initial consultation with us.
- Investigation – If you decide you want to go forward, we’ll conduct a thorough investigation to determine the exact cause of the accident.
- Gathering evidence and information – We’ll gather all crucial evidence to bolster your case.
- Interviewing witnesses and experts – We’ll speak to anyone who witnessed the accident and seek insights from experts.
- Handling communication with insurance – We’ll manage all correspondence with the insurance company and the other party’s lawyers on your behalf.
- Negotiating a fair settlement – We’ll strive to secure the most favorable settlement possible for your case.
Our priority is meeting your needs. We focus on what you want and require from the legal process. Additionally, we work on a contingency-fee basis. This means you don’t pay anything upfront, allowing you to focus on your health and family without worrying about paying us. Rather, we take our fee from whatever result we get for you. The recovery process can be long, but with our team on your side, it won’t be quite as challenging.
Liability in Oakdale Car Accidents
The first step in the claims process after a car accident in Oakdale is to figure out who’s responsible. This, obviously, depends on the type of accident. And while the law is straightforward, the real world application of it can be tricky.
There’s a number of different types of car accidents that happen every day in Oakdale, including:
- Head-on collisions
- Rear-end accidents
- Sideswipes
- T-bone collisions
- Multi-vehicle accidents
- Reckless driving accidents
- Impaired driving accidents
- Distracted driving accidents
- Hit and run accidents
- Pedestrian accidents
Fundamentally, a car accident is a personal injury claim, which means there’s already a legal framework in place for determining liability–or legal responsibility for covering your losses. In a car accident scenario, liability hinges on the concept of “negligence,” meaning:
- The other driver or party had a duty to drive safely and avoid endangering others.
- They failed to fulfill this duty.
- Their failure directly caused the accident.
- Consequently, you suffered injuries and other losses.
Understanding these aspects helps identify who has the legal responsibility for covering your injuries and other losses. It’s crucial to be aware that fault can be shared among various parties, including yourself. Typically, potential parties responsible for a car accident are:
- Other drivers involved in the accident.
- Car owners, if the driver isn’t the owner.
- Car manufacturers, if a defect or part failure triggered the crash.
- The city or state government, if poor road conditions or maintenance issues played a role.
- Employers, if the driver was on the job or using a company car.
- Auto repair shops if faulty repairs led to the accident.
Determining liability is a pivotal point in the claims process, ultimately setting the trajectory of how it’s going to play out. But in real terms, it tells you who your claim is against–and who will have to pay for your damages.
Your Damages in a Car Accident
Obviously, your particular car accident is going to cause you some form of damage, whether it be injuries or damage to your car. But often, these incidents and their damage goes deeper. You may have to deal with emotional and psychological damage from the accident, on top of having to miss work to keep up with doctor’s appointments and your health needs. Then, there’s the impact the accident can have on your family, making you unable to enjoy things the way you did prior to the accident.
All of this is taken into account when determining your “damages.” California law gives you the opportunity to recover these damages in the claims process, usually by filing either an insurance claim or personal injury lawsuit against the responsible party. While every case plays out differently, you can generally recover the following with a successful claim:
- Lost wages or future earnings due to missed work or being unable to work
- Car repair or replacement costs
- Medical bills and treatment expenses
- Wrongful death expenses in the event the accident or injuries are fatal
- Costs relating to any loss of companionship or quality of life
- Financial considerations for physical pain and mental suffering caused by the accident
When it comes to recovering damages, there’s a hugely important thing to remember. In California, you have two years from the date of the accident to file your claim. This is the statute of limitations for injury claims, and missing it means you won’t be able to file a claim at all.
How Can I Make My Claim Stronger?
The more solid evidence you’re able to provide, the better your chances of recouping these damages. Your final recovery hinges on how effective you present your case. But it also has a lot to do with how you respond right after the accident. Here’s what you can do to make your claim stronger:
- Gather evidence – If the scene is safe, take pictures or videos of it to document things. Make sure to take pictures of any damage to your car and any injuries you see. If there’s other issues, like skid marks, road defects, or malfunctioning street lights, take pictures of them too.
- Get medical care – Your health should always take the top priority. So, after the initial impact, check yourself for any injuries and call 911 so the police and an ambulance can respond. When they get to the scene, get medical care from them. Then, get further care at a hospital or urgent care. Some injuries won’t show up right away because of the adrenaline.
- Cooperate with investigations – Whether the police or an insurance company talk to you, make sure to work with them and stick to the facts. Obviously, trying to lie or intensify what happened won’t be looked at favorably.
- Exchange information – After your safety is secured, exchange contact and insurance information with anyone else involved and any witnesses you see. If you’re uncomfortable doing so, the police can help you.
Again, it’s important to stay calm and approach this accident with a clear head. This, obviously, is easier said than done when you’re hurt. But the fact remains, it’s vital to the strength of your claim. And remember, our team can be there to support you throughout the entire process, so get in touch with us as soon as you can.
Frequently Asked Questions
Where do car accidents happen the most in Oakdale?
According to the California Highway Patrol’s Transportation Injury Mapping System (TIMS), of the 48 car accidents citywide in 2023, the most happened on F Street.
Can I still file a claim if I’m not hurt in a car accident?
Yes. Your damages aren’t limited to your physical injuries. You can also file a claim for repair/replacement costs for your vehicle.
How long do I have to file a car accident claim?
You have up to two years from the date of the accident. You can file at any point in that timeframe, but once it’s passed, you likely won’t be able to file a claim at all.
Dedicated Oakdale Car Accident Lawyers
When you’re in a car accident in Oakdale, it can be tough to know what to do next. You may not know what your options are, but our dedicated team of Oakdale car accident lawyers at Maison Law can help. We’ll explain the legal process and what you need to do to recover. Contact us today to set up a free, no-obligation consultation to get the process started.
