Spending any amount of the time on the road in Visalia exposes you to all different types of car accidents, and scenarios where they can crop up. One of the most serious in terms of injuries and damage is a wrong-way accident, where a car goes in the opposite direction as other traffic on a given road or street. These, obviously, lead to serious collisions, often head-on and can leave you with medical bills and significant life changes.
At Maison Law, we know how any car accident can impact your life. That’s why our team can take such pride in our approach and ability to make things easier. We’ll explain your legal options and what you need to do to make a recovery after your Visalia wrong-way car accident. Contact us today to set up a free consultation to learn more.
Understanding a Visalia Wrong-Way Car Accident
A Visalia wrong-way car accident claim revolves around two key aspects: liability and damages. These elements are intertwined and profoundly influence how your claim and injuries will unfold in the aftermath of the accident. In broad terms, the person responsible for causing the accident is accountable for the resulting damages.
In legal terms, this accountability is called liability, which is established through the concept of “negligence.” Negligence comprises four essential elements:
- Duty of Care – The driver at fault for the accident is expected to prevent injuries.
- Breach of Duty – The driver failed to fulfill their duty of care, leading to the accident.
- Causation – The accident occurred because the driver didn’t meet their duty of care.
- Damages – The injuries and losses you sustained directly resulted from the driver’s actions.
Once liability is determined, you can proceed with filing a claim for damages. “Damages” is another legal term referring to the compensation available to you under California law. While each case is unique, the following damages are typically accessible in a San Pablo car accident claim:
- Medical expenses related to the accident
- Lost wages due to time off work
- Loss of future income if your injuries have a long-term impact on your earning capacity
- Costs associated with vehicle or property damage
- Pain and suffering endured
- Psychological trauma resulting from the accident
- Reduced quality of life
- Scarring or disfigurement
The specific amount of damages you can recover hinges on the particulars of your case and the losses you’ve endured. In California, car accident law adheres to the concept of “comparative negligence,” which implies that your potential recovery may be reduced based on the percentage of fault you shared in the accident.
A wrong-way accident is somewhat unique in terms of the circumstances–as long as you were driving in the right direction, you probably won’t share much fault–but it can still be challenging, especially if you’re injured. That’s why it’s important to know how working with our team can help you.
Do You Need a Lawyer For a Visalia Wrong-Way Accident?
One way or the other, an insurance company is going to get involved after a Visalia wrong-way car accident. Dealing with an insurance company is challenging in itself, and when you’re already dealing with injuries from a bicycle accident that wasn’t your fault, the added stress can quickly become overwhelming.
Our team of experienced and dedicated car accident lawyers can significantly improve your prospects of obtaining a fair settlement from the insurance company. We have extensive experience in negotiating with insurance companies and other legal representatives, and we offer assistance in various ways, especially when the insurance company is unresponsive:
- Case evaluation – We can assess the strength of your claim and determine if you have a valid case against the responsible party.
- Negotiation – Our lawyers can negotiate with the insurance company on your behalf to secure a fair settlement. Our experience in handling such matters can be a substantial advantage.
- Legal guidance – If negotiations break down, our team can file a lawsuit and guide you through the legal process, ensuring that all necessary paperwork is filed correctly and on time.
- Maximizing your results – Through our expertise, we can help you pursue the maximum financial support for your injuries and damages.
- Familiarity – We not only have experience but also a deep understanding of California laws and regulations, which can be particularly beneficial in navigating the legal landscape.
It’s important to note that insurance companies may attempt to minimize payouts, making it crucial to have our team on your side to level the playing field and increase your chances of a favorable outcome. If the insurance company isn’t responding, it’s a clear indication that you should consider reaching out to us to protect your rights and interests in your case.
What Causes Wrong-Way Accidents in Visalia?
While they’re pretty unique, a wrong-way car accident in Visalia can actually happen for a variety of different reasons. As such, there’s certain causes that can lead to these accidents:
- Driving under the influence – Driving under the influence of alcohol or drugs is a significant contributor to wrong-way accidents. Impaired drivers may not realize they are traveling the wrong way on a one-way street or a highway exit ramp.
- Confusing road design – Poorly marked or poorly designed roadways can lead to drivers inadvertently entering a road in the wrong direction. Inadequate signage or unclear lane markings can be problematic.
- Drowsy or fatigued driving – Sleep-deprived or fatigued drivers may become disoriented and unintentionally enter the wrong lane or direction.
- Elderly drivers – Older drivers may face challenges in navigating complex intersections and may inadvertently turn onto one-way streets in the wrong direction.
- Inattention – Distracted driving, such as texting or using a cell phone while driving, can cause a driver to overlook traffic signs or road markings indicating the correct direction.
- Medical conditions – Certain medical conditions, such as cognitive impairment, seizures, or sudden loss of consciousness, can cause drivers to lose control of their vehicles and travel in the wrong direction.
- Inexperience – Visitors unfamiliar with local traffic rules and inexperienced drivers may make errors, leading to wrong-way accidents.
How To Respond
Obviously, it’s extremely difficult to prepare for or react to a vehicle barreling toward you in the wrong direction. By definition, these types of accidents are unexpected. Still, it’s important to know how to respond should you be involved in one:
- First things first, make sure to check yourself and any passengers for injuries. If you can, move to a safe spot away from traffic, and turn on your hazard lights to warn other drivers.
- It’s crucial to call 911 immediately to report the accident. Provide your location and any details about what happened.
- Try to stay composed and avoid getting into arguments with the other driver. It won’t help resolve the situation.
- If it’s safe, check on the other driver involved in the accident, especially if it was their fault. Offer assistance if needed, but be cautious and keep your distance if they seem hostile or aggressive.
- Exchange contact and insurance information with the other driver, just like you would in any accident. Get their name, phone number, insurance company, and policy number.
- Ask for their contact information from witnesses if there are any. Their statements can be valuable for insurance claims and investigations.
- When the police arrive, give them an accurate account of what happened leading up to the accident. The police report is important for insurance claims and any potential legal matters.
- Take pictures of the accident scene, including the vehicles involved, their positions, and any relevant road signs or signals.
- Tell your insurance company about the accident as soon as possible. Provide them with all the necessary information and follow their guidance on the claims process.
- Even if you don’t feel injured right away, it’s a good idea to seek a medical evaluation. Some injuries may not show up immediately, and having a medical record can be helpful for insurance claims.
How you respond to the accident is an extremely important part of the overall recovery process. Not only does it ensure your health and well-being are taken care of, responding quickly and correctly can enhance your case.
Dedicated Support After a Visalia Wrong-Way Accident
At Maison Law, we understand the ramifications of a wrong-way car accident on your physical and emotional well-being. Our team of car accident lawyers in Visalia is dedicated to evaluating your case, handling negotiations with insurance companies, and fighting for your legal rights in court.
If you or a loved one was hurt in a wrong-way car accident, contact us for a free consultation. We’re here to make sure you get the help you deserve.
