Driver’s Rights | Fremont Car Accident Lawyer

Maison Law represents injured car accident victims in Fremont. If you’ve been injured in a car accident in Fremont, Maison Law will get you compensation for present/future medical costs, lost wages, and emotional trauma experienced from the accident.

In this article, we’ll detail when you need to contact a lawyer, how the law protects you, and the amount of compensation you can expect after a Fremont car accident. If you need questions answered now, contact Maison Law today for a no-cost, no-obligation consultation.

How Maison Law Helps Fremont Car Accident Victims

Car accidents can be devastating. In a single second, a car accident can alter the course of your life, subjecting you to extensive medical treatment, loss of income, or even permanent disability. These are costly life changes that most people are not prepared to face.

Fortunately, at Maison Law, we will aggressively pursue compensation on your behalf to recover all your current damages and the potential damages you may face in the future. We offer the following services to injured car accident victims in Fremont in order to maximize your compensation and achieve a successful outcome:

• Investigate and determine 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. Maison Law can help manage this quickly and efficiently.
• Collect and preserve key evidence: Street cameras, dash cams, and witness statements are all key points of evidence for your case. Our car accident attorneys will take the proper legal steps to obtain this information and strengthen your claim.
• Communicate with insurance companies and other attorneys: 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. Our attorneys can protect your liability and right to fair compensation.
• Prove liability: With several parties potentially being involved in a car accident, any number of them could have caused or contributed to the incident. This makes determining and proving liability challenging. The attorneys at Maison Law will assign a team of investigators and accident reconstruction specialists to determine the cause of the accident, identify all liable parties, and hold those responsible for compensating you for your damages.

How Do I Know if I Need a Lawyer After a Fremont Car Accident

Determining whether you need a lawyer after filing a car accident claim with your insurance will depend on a number of factors. For example, if your insurance does not fully cover your damages, it is recommended to consult with a Car Accident Attorney at Maison Law.

If your injuries are minor, such as scrapes and bruises, then you will most likely not need a lawyer. However, if you suffered injuries that caused you to need medical treatment or miss time at work, then we can help. An insurance company does not place much value on missed time at work, having to change careers, or the emotional trauma involved in an accident.

That’s where one of our attorneys can help. At Maison Law, we make sure Fremont car accident victims receive full compensation for the following damages:

• Special Damages: medical bills, ongoing treatment, costs that accumulate when you’re unable to work, like rent or mortgage payments
• General Damages: these are non-economic hardships like pain and suffering, anxiety, depression, mental trauma
• Wrongful Death Damages: these damages may be sought by a spouse or close relative for funeral arrangements, burial expenses, and medical treatment before a loved one’s death
• Punitive Damages: these damages are rare, but if the driver engaged in reckless driving with the intention of hurting you, then you could sue for punitive damages

What if I’m Partially at Fault for a Fremont Car Accident

If you were injured in a car accident, but believe you were partially at fault, do not worry. California is an at-fault state when it comes to car accidents. This means that even if you are partially at fault for causing the accident, you are still entitled to receive compensation through an insurance claim or by filing a lawsuit. This is a legal action covered by the Comparative Negligence Law, which states:

“Under the pure comparative negligence rule, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault.” 

At Maison Law, we have years of experience managing car accident claims and can minimize your percentage of fault in a car accident, or eliminate it entirely. If you’re unsure about your liability or right to compensation, call, text, or stop by our offices today for a free consultation.

Do You File a Claim After a Fremont Car Accident if it’s Not Your Fault?

According to California Vehicle Code 20008, drivers are required to report the incident to police within 24 hours of being in an accident. Even if you were not at fault, you were required to report the accident to the police.

Failure to report an accident can result in fines and license suspension. A common mistake most drivers make is thinking they can avoid having their rates raised by not informing their insurance about a minor accident. However, this can easily backfire.

If the other driver involved in the minor accident files a lawsuit against you for the accident, then your insurance does not have to uphold their policy agreement with you since you failed to report an accident after it happened. This will cause you to have to pay for damages without the help of your insurance.

How Do I Establish Carelessness in a Fremont Car Accident?

All drivers owe a “duty of care” when it comes to other drivers on the road. Duty of care isn’t just a suggestion, it is a law that applies to everyone on the road. According to Civil Code 1714, people are responsible for their actions and for preventing their property from harming others. The statute states:

“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.”

Let’s say another driver isn’t paying attention and merges into your car while you’re driving down Fremont Blvd. They cause you to go off the road to avoid them and you suffer a horrific crash, injuring your lower back. Using this law, you can establish that the other driver caused your accident by proving:

• Lack of duty of care: The driver had a legal obligation to prevent the accident by safely changing lanes
• Breach: The driver failed to uphold their duty of care
• Cause: The driver’s carelessness was a direct cause of the accident
• Damages: You suffered verifiable damages and incurred heavy losses due to the car accident, which could have been reasonably prevented

How Long After a Car Accident Can You File a Claim in California?

A car accident falls under personal injury law. So, much like all personal injury cases, the victim of the injury has two years from the date of the incident to file a personal injury claim. The two-year statute of limitation is covered in California Civil Code 335.1, which states:

“Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.”

Exceptions to the Statute of Limitations in California

In most cases, the statute of limitations for car accidents begins on the date the injury took place. However, the time can vary based on the following facts:

• Injuries: An injury can take time to form or for the injured victim to become aware of their injury. The discovery of an injury can postpone the start date for the statute of limitations on a claim.
• Wrongful death: a person may lose their life at a much later date due to health complications from the accident. In this case, the victim’s family will be given two years from the day they lost their loved one to file a claim.
• The victim was a minor: if the victim was a minor at the time of the accident, the statute of limitations will be withheld until the minor turns 18. Once the driver is 18, the two-year statute of limitations will start.

What to Do After a Fremont Car Accident

The steps you take after a car accident will be important to ensuring you and your passengers’ safety, as well as protecting your right to compensation if you decide to take legal action. After a car accident, you should:

• 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 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. All of this information will help support your claim and assist your attorney in building your case if you end up taking legal action.
• 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: If you consult with one of our attorneys after a car accident in Fremont, we can manage your claim and ensure you are taking the proper legal actions to receive compensation and protect yourself from liability.

Am I Required to Exchange Information After a Car Accident?

Yes, according to California Vehicle Code 16025, motorists are legally required to provide information to other drivers. That information includes:

• Driver’s full name and current address
• Driver’s license number
• Vehicle identification number
• Driver’s address
• Driver auto insurance name and policy number

California Law states this information as follows:

(a) Every driver involved in the accident shall, unless rendered incapable, exchange with any other driver or property owner involved in the accident and present at the scene, all of the following information:

(1) Driver’s name and current residence address, driver’s license number, vehicle identification number, and current residence address of registered owner.

(2) Evidence of financial responsibility, as specified in Section 16020. If the financial responsibility of a person is a form of insurance, then that person shall supply the name and address of the insurance company and the number of the insurance policy.

(b) Any person failing to comply with all of the requirements of this section is guilty of an infraction punishable by a fine not to exceed two hundred fifty dollars ($250).

Reporting a Fremont Car Accident to the DMV

If you’re involved in a car accident in Fremont, it is important to report the accident. One way to report your accident is by letting the Fremont DMV know by using an SR-1 report. California requires that you or your insurance agent, broker, or legal representative complete an SR-1 report and send it to the DMV within 10 days of the accident no matter how minor the accident or injuries suffered in the incident.

The only time drivers are not required to report an accident to the DMV is If no one was injured and property damage was below $1000. A police report does not negate the requirement for a SR-1 report, and one will still be needed. If you fail to submit an SR-1 report within the time allowed, your driving privilege could be suspended as a result.

How Does Car Insurance Work in a Fremont Car Accident When It’s Not Your Fault?

If you get into a car accident, you are required by law, according to California Vehicle Code 16025, to exchange information with the other driver. This information includes your name, contacts, and your insurance information. If you fail to give the proper information, your accident could be considered a hit-and-run.

Even if it is not your fault, you must file an accident claim with your insurance. Most people are hesitant to file an accident claim, fearing their insurance rate will go up. However, if you are not at fault for a car accident in the state of California, insurance providers are prohibited from raising your rates for accidents where you are not considered “principally” at fault.

What Happens if the At-Fault Driver Doesn’t Have Car Insurance in a Fremont Car Accident?

If the at-fault driver in your auto accident doesn’t have car insurance, you file a claim with your insurance company or file a lawsuit against the at-fault party as an individual to collect damages. Most people would like to think every driver is insured, but unfortunately, that is not the case. According to the Insurance Information Institute, over 20% of drivers are either underinsured or not insured at all. So, it is always a good idea to consult with an experienced Car Accident Lawyer when you have to deal with underinsured/uninsured motorists.

How to Handle a Car Accident with an Uninsured Driver

If you find yourself involved in an accident with an uninsured/underinsured driver, you should still follow the same steps as in any other car accident whether the driver is fully insured or not. It is recommended to contact the police and have them file a report. The report will contain important details that will serve as evidence against the at-fault driver. Be wary of other drivers trying to avoid contacting the police. An uninsured driver may try to keep law enforcement from getting involved out of fear of the consequences of being uninsured.

Next, take pictures of the scene, your vehicle, the license plates of all vehicles involved, and your injuries. Documenting these things at the scene of the accident will help you build a strong case. This evidence will also help you in case the other driver tries to deny fault or your insurance tries to deny your claim for any reason. And be sure to exchange contact information with the other driver. Your insurance company will need to contact the at-fault driver, especially if they’re uninsured.

What is the Average Settlement for a Fremont Car Accident?

If you are not found at fault for the accident, then you are entitled to whatever settlement amount you and the insurance company agree upon. It is important to note that insurance companies are looking out for their business, not your well-being. So, the best way to maximize your settlement amount is to partner with a personal injury attorney.

It is important to know that there is no average car accident settlement, as the details of each incident vary on a case-by-case basis. However, the following factors will play a large part in determining the total value of your vehicle accident:

• Severity of injuries: These can be broken down into 3 tiers, with Tier 3 being the most severe.
  • Tier 1: Minor, non-surgical injuries such as strains, sprains, and contusions.
  • Tier 2: Deep lacerations, broken or fractured bones that require surgical intervention
  • Tier 3: Traumatic brain or spinal cord injuries, resulting in temporary or permanent function loss

• Insurance coverage: the extent of the at-fault party’s insurance policy
• Lost income: Total amount of lost wages, which were a direct result of the injuries sustained from the accident.
• Medical Expenses: Medical expenses incurred from your injuries and any future medical treatments you may expect to have.
• Pain and Suffering: Emotional stress, trauma, and anxiety caused by how much your life has changed since the accident.

What Factors Could Decrease My Car Accident Settlement?

Understanding the factors that can potentially harm your case is essential to knowing the value of your lawsuit. While a highly experienced accident attorney will be able to highlight the reasons you deserve to be compensated, they will also work aggressively to protect you from the factors that could reduce your compensation. These include:

1. Comparative negligence: if you are found partially at fault, your settlement can be reduced by your percentage of liability. This is made clear in California’s Comparative Negligence Law which states:
   1. “Under the pure comparative negligence rule, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault.”
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

It is important to work with your attorney to plan ahead to prevent potential setbacks in your case and attempt to turn them into positives for your settlement.

Contact Maison Law | Fremont Car Accident Lawyer

If you or a loved one has been involved in a car accident in Fremont, Maison Law can help. Our team of experienced accident attorneys will aggressively pursue liable parties for the full extent of your damages. Even though we’ve helped thousands of injured victims receive a fair settlement after a car accident, we treat each client with a custom legal plan that best fits their situation. Get started today by contacting us for a free consultation and case evaluation.