Maison Law represents people who are hurt in Visalia car accidents due to another driver’s mistake. Our personal injury lawyers aggressively seek compensation for our clients from car insurance companies. Please contact us for a free, no-obligation consultation for all local injury victims. It’s a no-risk opportunity to find out what your injury may be worth and how to hold insurance companies fully responsible for recovery costs.
Do I Need a Lawyer After a Visalia Traffic Accident?
If your injuries end up being serious or if you are being blamed for an accident you didn’t cause, you should talk over your options with a skilled Visalia Car Accident Lawyer.
When medical costs will run high, car insurance adjusters fight hard to avoid having to provide full compensation. They’ll try to shift blame in an accident or on their own doctors to say that your injuries aren’t all that bad. Your lawyer is your shield against these ridiculous tactics. Your Maison Law attorney gathers powerful evidence to force insurance companies to provide the maximum in compensation for you and your family.
What Our Clients Say
Compensation for Car Accident Victims in Visalia:
We focus our practice on car accidents, mostly in and around Visalia, Tulare County and the Central Valley. When a person causes a motor vehicle accident, California laws allow its victims to be compensated for the personal injuries that they suffered. Holding careless and negligent drivers liable for the damages that they cause operates to discourage other drivers from the same behavior when they get behind the wheel. What comes to issue though is the compensation for injuries or deaths resulting from motor vehicle crashes. That’s when the advice, counsel and experience of an effective Visalia car accident lawyer is of critical importance. During an initial consultation and case review, a seasoned Visalia car accident attorney will be able to accurately evaluate the likelihood of obtaining compensation and select the best legal option for an accident victim to pursue.
We focus our practice on car accidents, mostly in and around Visalia, Tulare County and the Valley. When a person causes a motor vehicle accident, California laws allow its victims to be compensated for the personal injuries that they suffered. Holding careless and negligent drivers liable for the damages that they cause operates to discourage other drivers from the same behavior when they get behind the wheel. What comes to issue though is the compensation for injuries or deaths resulting from motor vehicle crashes. That’s when the advice, counsel and experience of an effective Visalia car accident lawyer is of critical importance. During an initial consultation and case review, a seasoned Visalia car accident attorney will be able to accurately evaluate the likelihood of obtaining compensation and select the best legal option for an accident victim to pursue.
Our Central Valley car accident lawyers can help you get compensation for a variety of damages. Many car accident claims involve compensation for the following, and more:
- Ambulance fees
- Medical expenses
- Hospitalization
- Permanent disability (if applicable)
- Lost wages / missed wages
- Wrongful Death
Common Causes of Car Accidents
There are a wide variety of causes of car accidents. As per the National Highway Transportation Safety Administration, the overwhelming majority of them are caused by driver error. Here are some common examples of driver error:
- Distracted Driving: This can include talking on a cell phone, texting, inputting information on a navigational device talking to passengers or even personal grooming while driving.
- Speeding: Speed limits are set to give drivers sufficient time to slow down or stop for other vehicles or hazards on the roadway. Traveling at 50 mph in a 35 mph zone drastically decreases the ability to avoid an accident.
- Disobeying Traffic Lights and Stop Signs: When a crash results from ignoring a red light or stop sign, it’s usually going to be a broadside impact. These types of impacts can push a vehicle into another lane of traffic. Then, it can be hit again by another vehicle. Broadside impacts also cause rollovers.
- Following Too Closely: Failing to maintain a proper interval from the car ahead of a driver is the cause of about 98 percent of all rear-end collisions. Drivers must leave a proper distance from the vehicle ahead of them in order to slow down or stop to avoid an accident.
- Drowsy or Fatigued Driving: Driving when a person is too tired to drive safely is like driving drunk. Because of drowsiness and fatigue, truck drivers have hours of service regulations that they must comply with.
- Driving Too Fast for Traffic or Weather Conditions: We’re required to maintain control of our vehicles at all times when driving. Although a speed limit might be 45 mph, that might be entirely too fast in poor visibility, wet or icy roads or heavy traffic.
- Driving Under the Influence: This might involve alcohol, drugs or both. Consumption of both alcohol and marijuana are legal in California. These impair judgment, coordination and depth perception. After a night out, Uber, Lyft and taxi services are an excellent alternative.
Some Common Car Accident Injuries
If you experience any symptoms of being injured at all after a car wreck, it’s important that you seek immediate medical attention. If you fail to do so, the injuries that you claim will become highly disputed by the insurer of the person who caused your accident. When you call 911 to report the accident, advise the dispatcher that you are injured and want paramedics at the scene. They’ll document your complaints of pain and transport you to the nearest emergency room. Here are some common injuries that victims suffer from car crashes:
- Traumatic brain injuries including concussions, brain bleeding, and skull fractures.
- Neck injuries that can include spinal cord and disc damage, sprains and strains.
- Lower back injuries that affect the hips and legs.
- Multiple types of fractures that require one or more surgeries.
- Soft tissue injuries involving muscles, tendons and ligaments and significant pain with limited range of motion.
Maison Law Legal Services for Visalia Car Accident Victims
Victims injured in car accidents in Visalia often suffer severe injuries, which require extensive medical treatment and time off work to recover. In certain cases, car accident victims can be left with permanent disabilities, leaving them and their families with astronomically high medical bills.
The financial and physical toll these accidents can have on a person’s life is why it is advisable to speak to one of the Car Accident Attorneys at Maison Law. Our comprehensive legal vehicle accident experience has helped numerous injured drivers recover maximum compensation for their medical bills, lost wages, and future financial losses.
Our firm helps car accident victims with the following legal services:
- Investigating and determining 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.
- Collecting and preserving key evidence: Vehicle instrument data, street cameras, dash cams, and witness statements are all key points of evidence for your case. Our lawyers will take the proper legal steps to obtain this information and strengthen your claim.
- Communicating with insurance companies and other attorneys: Driver may be driving through an employer, or they have their own liability insurance, so 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.
- Proving liability: with several parties being involved, any number of them could have caused or contributed to the incident. This makes determining and proving liability challenging. An attorney will assign a team of investigators to determine the cause of the accident, identify all liable parties, and hold those responsible for compensating you for your damages through interrogatories, depositions, and expert testimony.
Who is Typically Liable for Car Accidents?
With the amount of cars on the highways like State Route 193 and 63 in Visalia, it should come as no surprise that car accidents occur frequently. Common parties responsible for these car accidents typically include:
- The vehicle driver: all drivers on the road are responsible for their actions on the road, and if they violate their “duty of care” toward you, then you may be able to bring a claim against the individual driver.
- Car company: A delivery service like Amazon, UPS, or Uber may be liable for the actions of their employees when they commit a careless or wrong act within the scope of employment, as stated in the Respondeat Superior. This is not always the case as some of these drivers may be considered independent contractors.
- A third party: Another driver, a government body, a road construction crew, or a vehicle maintenance company could also be liable if their actions resulted in an accident.
Proving Liability in a Visalia 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 strong 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 a car, 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 the 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 due to the loss of their loved one.
How to Strengthen Your Visalia Car Accident Claim
Car accidents can be stressful and overwhelming experiences, especially if you need to take legal action to recover damages. In addition to physical and emotional trauma, you may also find yourself suddenly burdened with mounting medical expenses and property damages.
However, you can enhance your chances of achieving a successful car accident claim if you take the following steps:
- 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 Visalia 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..
- 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 an accident can result in a dismissal of your policy agreement, depending on the contract you signed with your insurance company.
- Contact Maison Law: after an accident it is important to speak to one of our attorneys as soon as possible. We will make you aware of your rights, connect your to immediate medical resources, and manages your claim, so you can focus on more important matters like your health and family.
Driver’s Rights After a Visalia Car Accident
As you are probably aware, California has numerous laws governing almost every aspect of how you are supposed to drive your vehicle. But which laws are meant to protect car accident victims’ right to recover damages after an accident?
The following laws are the framework for protecting injured drivers and determining fault after a car accident:
- Comparative Negligence Law: This law allows an injured party who shares fault for their injuries to receive compensation. Comparative negligence determines liability, assigning a percentage of fault to all parties involved.
- California Law mandates that all drivers carry minimum liability insurance to cover damages in the event of an accident.
- California Civil Code 335.1: This law gives car accident victims two years from the day of their accident to file a personal injury claim to pursue compensation for damages.
- California Vehicle Code 20008: Drivers are required to report a car accident to police within 24 hours of being in an accident. Even if you were not at fault, you are required to report the accident to the police.
- Distracted Driving Law: Using your cell phone or similar electronic communication device while driving in California is illegal. Only hands-free communication is permitted while driving. If your accident was caused by a distracted driver, then you’ll have a strong case to recover necessary damages.
City Code of Ordinances for Visalia Drivers
In Visalia, drivers must follow California State Traffic laws, which include speeding, yielding, and using cell phones while driving. The city of Visalia, however, has specific ordinances regarding driving on city property, which include:
- Ordinance 10.20.040: No person shall ride, drive, propel, or cause to be propelled any vehicle or animal across or upon any sidewalk except over constructed driveways or when it is necessary for temporary purposes.
- Ordinance 10.20.050: No person shall drive a vehicle over or across newly made pavement or freshly painted marking in any street when a barrier sign, cone marker or other warning device is in place.
- Ordinance 10.20.060: No person, public utility, or department in the city shall erect or place any barrier or sign on any street unless of a type approved by the city manager, or disobey the instructions, remove, tamper with or destroy any barrier or sign lawfully placed on any street.
- Ordinance 10.20.070: No operator of any vehicle shall enter any intersection or marked crosswalk unless there is sufficient space on the other side of the intersection to accommodate the vehicle being operated without obstructing the passage of another vehicle or pedestrian.
Don’t Make These Mistakes
As soon as the opposing insurance company learns that it’s insured person caused and accident with injuries, it will start setting up its defense. That insurer’s objective will be to pay you as little as possible as compensation for your injuries. Don’t make the following mistakes:
- Delay treatment more than 48 hours. If you’re injured, you must seek medical care right away.
- Fail to follow you’re doctor’s recommendations. If your doctor wants you to see an orthopedist or neurologist, make that appointment right away. Don’t fail to attend medical and therapy appointments.
- Fail to let your lawyer know that you had a prior injury that you treated for at the same part of your body.
- Post information about your accident, injuries or physical media on social media. Stay off of social media on this topic. Inconsistent statements and photographs can be used against you.
- Speak with the opposing insurance company. Never give a statement of any kind to an opposing insurance company. It will only try to use your own words against you in the future.
- Retain an inexperienced lawyer. Only an experienced and respected personal injury lawyers should be consulted with and hired.
Making one or more of these mistakes can severely damage a perfectly valid personal injury claim. You should be focusing your efforts on your recovery and reaching maximum medical improvement. We can attend to the legally complicated tasks of the investigation of your case, assembling the evidence, proving liability, presenting your damages and negotiating your case or trying it in front of a judge and jury.
How to Maximize Your Settlement
After suffering injuries in a car accident in Visalia, the insurance company will most likely try to get you to settle for a much lower amount than your damages are worth. Insurance adjusters do not consider the long-term effects of major injuries, nor the impact they will have on nearly every aspect of your life. To maximize the settlement for your accident, it is recommended to do the following after suffering a slip-and-fall injury:
- Get examined by a medical professional. Suffering major injuries is not a time to act tough and attempt to “walk it off.” If you are injured, get examined by a doctor. Without a professional diagnosis, the insurance company will have just cause to assume you were never injured.
- Follow your doctor’s orders. By sticking to a treatment plan, you give yourself the best shot at a full medical recovery and show the insurance company how serious your injuries are.
- Keep and organize your receipts. Keep all documentation associated with your injury, especially documentation of your medical treatment.
- Don’t wait to file your lawsuit. Time is limited when making a personal injury claim. Delaying your claim only stands to hurt your case. Contact Maison Law to see what legal options are available.
What can you do if you don’t agree with your doctor’s diagnosis after a car accident?
It is the right of every personal injury victim to seek a second opinion on their pain when they aren’t happy with the medical care they receive. The cost of a second, or third doctor’s exam could be sought in an insurance claim against the at-fault party.
Your California Personal Injury Lawyer may also ask you to see a different doctor or specialist. Skilled lawyers will know which doctors are accustomed to testifying in court and who will make powerful witnesses for your case. They will also be aware of what doctors are willing to work for a medical lien. This means they are willing to wait on payment for care until you receive an expected insurance settlement.
It’s important to go to every doctor’s appointment you have and follow every prescribed treatment you can. You may not like the doctor’s personality or recommendations, but you’ll need proof that you had an injury. You also want to demonstrate that you are working towards recovery when you negotiate with insurance companies.
It’s also key to avoid getting into an argument with a doctor you don’t care for. You don’t want a doctor placing a label of “argumentative” or “uncooperative” in your medical file. This can hurt your case. Listen to what the doctor has to say. If you want to see another doctor later, then do that without confronting your previous doctor.
Compensation for Visalia Car Accident Victims
Compensatory damages are awarded to accident victims in the form of economic, non-economic, and punitive damages. While punitive damages are rare, they can be claimed if the accident was done with extreme recklessness or malice toward the victim. Economic damages are actual financial losses that can be assigned value, such as:
- Emergency room treatment
- Hospital bills
- Medications and medical equipment
- Ongoing treatment for current and future medical needs
- In-home care
- Lost income
- Loss of consortium
- Vehicle repair
Non-economic damages include:
- Emotional pain
- Pain and suffering
- Loss of enjoyment of life
- Loss of consortium
While there is no average amount of compensation, these factors can ultimately decide the compensation you may receive. It is important to note, however, that the more severe your injuries and damages are, the more compensation you will most likely be awarded. To better understand the value of your case, it is recommended to consult with a Reputable Attorney about the details of your incident.
FAQ
Q: What is the statute of limitations for a Visalia car accident?
A: Two years. In California, an accident victim has two years from the date of the accident to file a claim.
Q: When is it recommended to contact a car accident attorney?
A: If you’ve sustained major, verifiable injuries from a car accident and you’re unsure who is at fault, you should contact an accident attorney at Maison Law today to understand your legal options.
Q: What if I can’t afford a car accident attorney?
A: At Maison Law, there is no upfront charge for putting our accident attorneys on your case. We don’t charge you a cent until we win your case for you.
Visalia Car Accident Lawyer
Contact Maison Law to schedule a free, no-obligation consultation with an actual Visalia car accident lawyer. We want to hear what happened to you. We’re going to answer your questions and make sure you are fully aware of the insurance tactics you’ll face. These shady practices are meant to limit the money you receive. Avoiding these pitfalls will be key to earning what you’ll need to rebuild your life.
Maison Law serves all victims in Tulare County and makes sure they aren’t taken advantage of by insurance adjusters. We seek to get the maximum in compensation available for victims and their families.
If you feel we can help you earn more for your injury, you won’t need any upfront money to hire Maison Law. We don’t get paid unless we win your case for you. Then our fee comes out of the insurance settlement check you receive.
Additional Resources:
- Accident Reports
- Truck Accidents
- Uber Accidents
- Lyft Accidents
- Farm Vehicle Accidents
- Drunk Driving Accidents
- Hit and Run Accidents
- Pedestrian Accidents
- Rear-End Car Accidents
- Car Accident Common Injuries
- Wrong Way Accidents
- Accidents Involving Rental Cars
- Fatal Car Accidents
- Walmart Spark Accidents
- Traumatic Brain Injuries in Visalia Car Accidents
- Frequently Asked Questions
