Maison Law helps people that have been injured in California car accidents by answering their questions. A huge part of any car accident claim–and how your case moves forward–is figuring out who’s at fault for the accident itself. We can guide you through this process and protect your rights. Contact us today for a free consultation to get started.
How Do You Figure Out Who’s At Fault For a Car Accident on a Freeway?
Once there’s a car accident on a California freeway, it sets the legal process in motion. Basically, every car accident has somebody that’s going to be at-fault for the resulting injuries and damage. Whether it’s you, another driver, someone else, or even the local government, you need to figure out who’s responsible. In legal terms, this is called “liability.”
No matter where the accident happens, fault is based on the concept of negligence. To prove negligence, you’ll need to show that the other party acted irresponsibly and caused the crash, resulting in your injuries.
Here’s what’s typically involved in proving negligence:
- The other person had a responsibility to drive safely and avoid causing harm.
- They failed to meet this responsibility by driving or acting carelessly.
- This carelessness directly caused the accident, leading to your injuries.
Once we establish these points, we can determine who is responsible for covering your damages. Usually, this is the other driver involved, but sometimes responsibility is shared with other parties, such as:
- Other drivers involved in the accident
- The car’s owner, if it’s not the driver
- Car manufacturers, if a vehicle defect contributed to the crash
- Government agencies, if poor road conditions were a factor
- Employers, if the driver was on the job or driving a company vehicle
Obviously, it’s going to come down to what actually happened. So, when you look at the common underlying causes of accidents–like driving under the influence, distracted driving, reckless speeding, drowsy driving, and failure to follow road laws-is crucial for figuring out fault and moving forward with your options.
What Do You Do Once You Determine Fault?
With fault established, you can move forward with actually filing a claim to recover “damages.” A car accident on a freeway in California is likely to cause some immediate damage, like injuries or damage to your car, but it often affects you in deeper ways, too. You may face emotional stress and mental strain, along with missed work and time spent on doctor’s visits. The accident can also impact your family life, leaving you unable to enjoy things like before.
All of this is factored into your damages, and the reason that establishing fault is so important is because whoever’s at fault for the accident is the one that has to pay for these damages. At that point, you file either:
- An insurance claim
- A lawsuit
Every accident is different, so your damages are going to be based on your losses. Generally though, you can recover:
- Medical expenses
- Lost income or future earnings if you’re unable to work
- Car repair or replacement costs–called “property damage”
- Pain and suffering
- Emotional distress
- Loss of companionship or reduced quality of life
- Funeral and burial costs if the accident was fatal
So, establishing fault is only the first part of the process. Moving onto actually filing your claim is how you recover damages. That said, you do have to file within two years of the date of the accident. Miss this deadline, and you can’t recover damages–even if you’re not at-fault.
What Else Do You Need to Do After the Accident?
The stronger your evidence, the better your chances of getting compensated. How you respond immediately after the accident also affects your claim. Here are some steps to help strengthen your case:
- Call 911 for an ambulance – Your health is the top priority. After the accident, check for injuries and call 911 for help. Make sure to get medical attention from the EMTs and follow up at a hospital if necessary, as some injuries might not be obvious right away.
- Call the police – Either have the 911 dispatcher send the local police or call them yourself. This could be the California Highway Patrol (CHP), city police, or county sheriff’s department. Officers will come to the scene and gather information you can use.
- Gather evidence – If it’s safe, take photos or videos of the accident scene. Capture images of any damage to your vehicle, visible injuries, and other important details like skid marks or broken signs.
- Exchange information – If it’s safe, share contact and insurance details with others involved and any witnesses. If you feel uncomfortable, the police can help with this.
- Be honest – Be honest and factual when speaking with the police or insurance companies. Avoid exaggerating or lying about the events, as this can harm your case.
Staying calm and focused after an accident is important, even though it can be challenging when you’re injured. Still, it needs to be done to make sure your claim is protected and you get the damages you need to get better.
Contact Maison Law After a Car Accident on a California Freeway
If you find yourself in a car accident on a freeway in California, you might not always need a lawyer. But, the more serious your injuries are or the more complicated your accident is, having our team can be very beneficial. Here’s how our team at Maison Law can help:
- Explaining your legal rights and choices during a free consultation.
- Investigating the cause of the accident if you decide to move forward.
- Gathering key evidence and information to support your case.
- Interviewing witnesses and experts for additional insights.
- Managing all communication with the insurance company and the other party’s lawyers.
We prioritize your needs and focus on what you want from the legal process. Plus, we work on a contingency-fee basis, meaning you don’t pay anything upfront. Instead, our fee comes from the settlement we get for you. The recovery process can be tough, but with our team by your side, it’ll be much easier. Contact us today for a free consultation.
