At Maison Law, our dedicated and highly experienced Stockton personal injury lawyers have helped numerous clients who have faced situations similar to yours. We understand the emotional and financial challenges that you and your family are faced with when there’s a car accident that results in injuries.
After these unfortunate incidents, you don’t have to navigate the recovery process on your own. We’re here to provide you with effective legal guidance and support. Contact us today to set up a free, no-obligation consultation.
How Do I Know If I Need a Lawyer After a Traffic Accident?
If a car collision only leaves you with some minor bumps and bruises, or just car damage, you may not need the help of a lawyer. But if your injuries end up being serious and another motorist caused the crash, it’s wise to talk to a lawyer about your options.
When medical costs are high, car insurance adjusters fight hard to avoid having to pay out full compensation. They’ll try to shift blame in an accident or question the seriousness of your injuries. Your Stockton Car Accident Lawyer is your shield against these bad-faith tactics. Your Maison Law attorney fully investigates your accident and uses strong evidence to back up your case. Then your lawyer demands the most in compensation possible for your suffering.
Stockton Car Accident Claims Process
Car Accident Dangers in Stockton
You can practice safe driving, but unfortunately, the chances that you’ll one day be forced into a collision is pretty high. Statistics from the California Highway Patrol’s Transportation Injury Mapping System (TIMS) show that there has been an average of 1,492 car accidents per year across Stockton over the last five years.
A speeding driver on I-5 can lose control and slam into the back of your SUV. A distracted driver on Pacific Avenue looking at a cell phone screen might accidentally jump a median and meet your vehicle head-on.
A traumatic car accident injury might have a lasting impact on your life, spanning weeks, months, or even years. Whether it be dealing with significant injuries, facing a temporary or possibly permanent inability to work due to those injuries, or facing unexpected medical bills and other expenses, the challenges that come out of a car accident can quickly become overwhelming.
Your Maison Law representative goes over your medical charts and speaks to healthcare professionals. Your lawyer determines how much you’ll need in support now and in the years ahead and then demands that amount for you and accepts no less.
How Maison Law Helps Stockton Car Accident Victims
Stockton may be inland from the more populated city of San Francisco, but it is still considered one of the most populated cities in California’s Central Valley. With Interstate 5 and State Route 99, drawing drivers into Stockton from all over California, the city’s popular roadways present a high risk of car accidents for local Stockton drivers.
If you find yourself involved in a car accident in Stockton, you may face life-altering injuries, impacting your health and financial security for the foreseeable future. This is, unfortunately, the frightening reality most car accident victims face.
But that’s where Maison Law comes in. We help injured car accident victims in Stockton get their lives back on track after a horrific accident. We do this by connecting you to immediate medical resources, protecting you from liability, and recovering 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
Who is Responsible For a Car Crash?
One of the most important aspects of any car accident in Stockton is figuring out who is responsible for:
- Causing the accident
- Covering your injuries and other damages
In legal terms, this is known as “liability”, and the key to establishing liability is proving negligence. In essence, negligence hinges on four elements:
- The other driver or party had a duty of care for others on the road
- The other driver or party breached this duty
- Their breach directly led to the accident
- The accident, in turn, caused your injuries and other incurred damages
With these elements established, you can gain a clearer understanding of who bears responsibility for your injuries and losses. It’s worth noting that liability can be distributed among various parties depending on the accident’s circumstances, and in some instances, a portion of the responsibility may even rest with you. In a broad sense, the following parties can potentially be held liable in a car accident claim in Stockton:
- Other drivers
- Vehicle owners, which isn’t the driver in some cases
- Manufacturers of vehicles or their parts
- Government agencies
- Employers
- Repair shops or mechanics
Common Causes for Car Accidents
Stockton is not unlike many other places in California in that there are a number of people on the road driving from place to place. What this means, at least in practical terms, is that there’s a higher chance that you’ll be involved in a car accident. However, there’s another–often more telling–facet of car accidents in Stockton: similar underlying causes. Simply put, these causes are present throughout Stockton, and frequently lead to these accidents. They include:
- Driving under the influence (DUI) – Driving under the influence of alcohol or drugs is a grave concern as it impairs one’s ability to operate a vehicle safely. It not only endangers the driver but also poses a significant risk to other road users.
- Distracted driving – Distracted driving encompasses a wide range of behaviors, including texting and driving, using a phone, eating, or engaging in any activity that diverts attention from the road. These distractions can lead to accidents and serious injuries.
- Speeding – Driving at speeds above the posted speed limits is a common cause of accidents. Excessive speed reduces reaction time and increases the severity of collisions, making it a hazardous practice.
- Reckless driving – Reckless driving involves a disregard for safety, such as aggressive weaving between lanes, tailgating, and other risky maneuvers that put other motorists at great risk.
- Fatigued driving – Driving a vehicle when extremely tired or drowsy can be as dangerous as driving under the influence. Fatigue impairs cognitive function and reaction time, making accidents more likely.
- Disregarding traffic laws – Failing to obey traffic laws and rules can lead to chaos on the roads. This includes running red lights, not yielding the right of way, and ignoring stop signs, all of which can result in accidents and harm to others.
- Tailgating – Tailgating, or following too closely behind another vehicle, is a dangerous behavior that reduces the space for reaction in case of sudden stops. It often leads to rear-end collisions.
- Running stop signs and lights – Ignoring stop signs and traffic signals poses a significant threat to safety. These signs and signals are in place to control the flow of traffic and protect all road users.
- Aggressive driving – Aggressive driving includes behaviors like aggressive overtaking, road rage, and confrontational interactions with other drivers. Such actions can escalate into dangerous situations.
- Driving without seatbelts – Failing to wear seatbelts is a risky choice that significantly increases the chances of injury or fatality in the event of an accident.
Types of Car Accidents in Stockton
Not only are there several different causes of accidents in Stockton, there’s an equal number of types of car accidents you could find yourself in:
- Single-vehicle accidents – These occur when a car crashes without hitting another vehicle.
- Multi-vehicle accidents – These involve multiple vehicles and often lead to complex liability issues.
- Sideswipes – This happens when one vehicle’s side collides with another vehicle’s side while both are moving in the same direction.
- Head-on collisions – These are common in Stockton, and happen when a car drifts into another lane and collides with you or someone else head-on.
- Rear-end accidents – This occurs when a car crashes into the back of another car.
- Commercial truck accidents – These involve large trucks or commercial vehicles.
- Bus accidents – These involve buses and typically have many passengers, leading to unique liability considerations.
- Pedestrian accidents – These happen when a vehicle strikes a pedestrian, most often on a sidewalk or intersection.
- Rental Car Accidents
- Support for Families After a Fatal Accident
Car accidents in Stockton can be concerning because they happen often and can result from various factors. When driving, you must make quick decisions that affect your safety, passengers, and other road users. That said, when there’s a car accident, you could also experience a variety of different injuries.
Common Injuries in Stockton Car Accidents
Often, the most consequential result of a Stockton car accident is injuries. Much like there’s a variety of causes and types of accidents, these incidents can end up with multiple of the following:
- Whiplash – One of the most common injuries across car accidents in Stockton, whiplash happens when the head is suddenly jerked forward and then backward, causing strain to the neck muscles and ligaments.
- Fractures and broken bones – Fractures are common in car accidents, particularly in the arms, legs, and ribs. The force of impact can cause bones to break on impact or due to the pressure exerted during the collision.
- Head injuries – Head trauma in car accidents can range from mild concussions to severe traumatic brain injuries (TBI). Even with airbags and seatbelts, the head can still be at risk of injury upon impact.
- Back injuries – The spine is vulnerable in car accidents. Herniated discs and other spinal injuries can result from the force of the collision.
- Cuts and bruises – Glass and debris from the accident can cause cuts and bruises. While these may seem minor, they can lead to infections if not properly treated.
- Internal injuries – In some cases, the impact can cause damage to internal organs like the liver, spleen, or kidneys, which might not be immediately apparent but can be life-threatening.
- Emotional trauma – It’s important not to overlook the psychological impact of a car accident. Many individuals experience anxiety, depression, or post-traumatic stress disorder (PTSD) following a traumatic accident.
- Sprains and strains – Muscles and ligaments can be stretched or torn in an accident, resulting in sprains and strains, which can be painful and limit mobility.
- Airbag injuries – While airbags are designed to save lives, they can also cause injuries, particularly to the face and upper body. These injuries are generally less severe than not having an airbag deploy.
- Burns – In the case of fires or explosions, burns can occur. These are particularly dangerous and may require extensive medical treatment.
The extent of your injuries can greatly affect your claim. But another thing that can affect your claim is the actions you take in the immediate aftermath of the accident.
How Police Assign Fault for a Stockton Car Accident
When a police officer is called to an accident, they will attempt to capture as much information as they can about the accident. At first glance, they’ll look to see what happened leading up to it, how it started, and who was likely the at-fault party. While determining fault at the scene of the accident, police officers will look at the following: 
- Evidence at the scene:
- Tire marks
- Road damage
- Vehicle damage
- Eyewitness statements
- Appearance and behavior of both drivers
- Whether a citation has been issued to either driver in the past (speeding, tailgating, DUI, or other concerning violations)
- Any other available evidence such as street cameras, dash cams, or photos
After an investigation, police will issue citations for any violations committed by either driver. Citations can be harmful to both drivers in an accident case. However, guilt of a traffic violation is only settled after a ruling, conviction, or the payment of the fine without pleading “nolo contendre.” So, if you are given a citation, but feel it was unwarranted, you do not have to admit fault. Contact an accident attorney to help you build your case and protect your rights.
Proving Fault in a Stockton Car Accident
When dealing with car accidents, it is not always easy to prove fault. In some instances, there are multiple parties involved, as well as comparative negligence. Comparative negligence is when blame is divided amongst multiple “at-fault” parties, as stated within California’s Comparative Negligence Law:
“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.”
Regardless of how many parties are involved, if you can prove that someone else’s negligence caused your injuries, you will most likely have a case. The following are four elements of evidence necessary to prove fault in a wrongful death case:
- Had an obligation to act with reasonable care: If a person is driving on the road, they are expected to follow traffic laws, as well as be aware of other drivers on the road.
- Breached their “duty of care:” The injured party (plaintiff) must demonstrate they were owed a duty of care by the person at fault (defendant). For example, in a car accident, the duty of care would have been ignored if a driver broke a traffic law and was driving dangerously before the collision.
- Acted careless or reckless: If the driver failed to follow the law or safety protocols and caused another’s death, the plaintiff must prove the other’s careless or reckless actions resulted in the loss of their loved one.
- Damages: The plaintiff must be able to prove they suffered damages such as medical bills, lost wages, loss of enjoyment of life, or mental trauma.
Proving Your Stockton Car Accident Claim: Negligence Per Se
If you can establish that a driver’s careless actions caused your accident, you may be able to establish “Negligence Per Se” and recover damages. Negligence Per Se means the driver broke the law, which directly caused your injuries. Illegal U-turns, distracted driving, speeding, or running a red light typically come with citations, which will make proving “Negligence Per Se” fairly easy in court if your lawsuit goes to trial. Proving Negligence Per Se is much easier than proving negligence.
Proving negligence usually involves an investigation to obtain video footage or witness statements. Sometimes, there is no available evidence, and your case becomes one person’s word over another’s. For this reason, it is important to report your accident to law enforcement the moment it happens and speak with Maison Law to understand your legal options.
Stockton Driving Laws
In Stockton, drivers must follow California State Traffic laws, which include speeding, yielding, and using cell phones while driving. Stockton has specific ordinances regarding driving on city property, which include:
- Pedestrians and drivers shall yield the right-of-way to any vehicle that is part of an organized funeral procession.
- Drivers in Stockton may not follow any emergency vehicle traveling in response to an emergency call closer than (500) feet or drive into or park such vehicle within the block where fire apparatus has stopped in answer to a fire alarm.
- No vehicles shall be driven over any unprotected hose of a Fire Department when laid down on any street or private driveway to be used at any fire or alarm of fire, without consent of the Fire Department official in command.
Steps to Take After a Stockton Car Accident
One of the most difficult things about a car accident, especially if you’re hurt, is the immediate aftermath. When the adrenaline is flowing, you might not be able to think clearly. However, your actions immediately after the car accident happens are extremely important to your potential claim. Here are some steps you should try to take after a car accident:
- Check to see if you or anyone else is hurt.
- Move to a safe place on the road and move your car.
- Exchange contact and insurance information with others involved.
- Take pictures and videos of what happened.
- Call your insurance company.
- See a doctor, even if you don’t feel injured.
Doing these things helps keep you safe, protects your rights, and makes dealing with the accident easier. Once you’re able to take these steps, the next thing you should think about doing is contacting our team of Stockton personal injury lawyers. We’ll help you assess your claim and then provide you with an overview of the next steps.
What Our Clients Say
What is the Claims Process For a Traffic Accident?
Once you’ve determined who is at fault in an incident, the next step involves initiating an insurance claim with their provider. Once this is done, an assigned insurance adjuster will review your claim and might take one of several actions:
- Accept it as is
- Propose a counteroffer and settlement
- Reject it altogether
When the claim is in the hands of an adjuster, they have access to the full resources of their company, including launching their own investigation. While each claim varies in complexity, there are distinct advantages to engaging in negotiations with the insurance company before considering legal action:
- Cost savings – You can avoid incurring court-related expenses and reduce lawyers’ fees.
- Timely compensation – You’re more likely to receive a settlement offer–thus money in your pocket–quicker.
- Simplified process – Dealing with less paperwork and time-consuming procedures.
- Clearer valuation – You’ll gain a better understanding of the value of your claim.
However, there are also drawbacks to settling your case outside of court:
- Stall tactics – Insurance companies usually try to prolong the claims process, potentially leaving you in a challenging financial situation.
- Value determination – The insurance company unilaterally determines the worth of your claim.
- Incomplete coverage – The settlement offer might not cover all your damages adequately.
When you’re focused on recovery, managing communications with the insurance company can be an added burden. Our team of car accident lawyers in Stockton is dedicated to ensuring that you don’t have to navigate your recovery and claim for damages on your own.
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 passenger is 18, the two-year statute of limitations will start.
Stockton Car Accident Injury Settlements
Car accident injuries are usually devastating, resulting in long-term medical care or permanent disability for some victims. However, some accidents may be minor and result in far less serious injuries. It is important to remember that the final settlement amount will largely be based on the severity of your injury.
Average injury settlements are as follows:
- Low settlements: Low settlements usually consist of minor accidents with little to no injuries. These could include back sprains and strains. Medical bills and property damage costs are usually low in minor accidents, so the settlement amount will reflect the cost of damages. These tend to fall around $5,000 to $10,000.
- Moderate settlements: Moderate settlements apply to accidents with moderate injuries such as broken bones or soft tissue damage. These injuries will require some medical treatment, as well as some missed work. The recovery period can be somewhat long, but victims typically make a full recovery. These tend to fall anywhere from $10,000 to $100,000.
- High settlements: High settlements involve severe injuries, resulting in long-term medical treatment or permanent disability. These cases usually receive substantial compensation due to the extent of medical expenses, lost wages, pain and suffering, as well as the extent of negligence which caused the accident. These tend to fall anywhere from $100,000 to millions of dollars.
Contact a Stockton Car Accident Lawyer
If you are seriously hurt in a car accident, or if you’ve tragically lost a loved one, contact a Stockton car accident attorney to find out about the rights in place in California to protect you and your family.
Take advantage of a free consultation session with a Maison Law attorney to learn more about how vulnerable you may be when trying to secure help for yourself and your family from an insurance company.
Insurance companies aren’t required to inform you of everything available to you after an accident. In fact, they would rather you stay uninformed in the hopes you’ll sign off on a settlement that’s worth far less than what you’ll need in recovery.
If you feel Maison Law can help you maximize your injury settlement money, you won’t need any upfront money to hire us. We don’t get paid unless we win your case for you.
