Fremont Car Accident Lawyer

Maison Law’s team of Fremont personal injury lawyers represents injury victims in one of the city’s most pressing issues: car accidents. If you spend any amount of time on the road, which you probably do commuting to work or taking your children to school, you know how impactful these accidents are. To learn more about your options, contact us today for a free consultation.

Do You Need a Lawyer?

Even though car accidents are incredibly frequent in Fremont, the question as to whether or not you need a lawyer really depends on your needs and the circumstances. There’s a possibility that your accident and injuries will be simply minor. If that’s the case, you probably don’t need to worry about taking legal action. However, the more complicated the circumstances and the more serious your injuries are, the more help you’ll need. Our experienced Fremont car accident lawyers can be a huge help to you in these situations. Here’s how we approach a car accident claim:

  • Free initial consultation – The process starts with a free meeting with our team. We’ll explain your options, look at the facts of what happened, and evaluate your case and what the path forward looks like.
  • Collecting important evidence – This means getting and checking things like medical records and any reports about the accident that are really important in showing what happened and how it harmed you.
  • Negotiating with insurance companies – This involves having discussions with the insurance company of the person or people who caused the accident, to try and come to an agreement that you’re happy with.
  • Court representation – This involves putting together a formal Complaint in a lawsuit against the parties responsible for the accident, and if things go to court, being there to support you.
  • Making the process easier – Overall, we want to make this difficult time easier for you. Particularly when you’re injured, it can be overwhelming trying to deal with this all on your own. Our team takes the lead in managing your case, allowing you to focus on your health and well-being.
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What You Need to Do

With our extensive experience in car accident cases, our firm is here to help anyone hurt in an accident, whether you were driving, riding, or walking. We carefully collect evidence, team up with experts, and work hard to build a strong case to make sure you get the results you deserve. But a bigger part of this starts right after the accident happens, and is on you:

  • Stay safe – Make sure you’re safe first. If you or a passenger is injured, call an ambulance right away.
  • Move your car – If you can, move your vehicle to the side to avoid more accidents.
  • Get insurance details – Share your contact info and insurance details with everyone involved in the accident.
  • Take pictures – Take photos and videos of the crash site, including any damage to cars and important road signs.
  • Report the accident – Let the police know what happened, especially if someone is hurt, there’s a lot of damage, or someone isn’t cooperating. They can help you get important information at the scene.
  • See a doctor – Go to the doctor even if you don’t feel hurt right away. Some injuries might not show up right after the crash. Moreover, this will create a medical link between the accident and your injuries
  • Tell your insurance company – Call your insurance company to start the process of getting their help.
  • Keep track of your losses – Save all the documentation you get, like bills from the doctor, estimates for fixing your car, and emails from your insurance company.

What Does the Legal Process Like?

In terms of what you can expect from the claims process, this differs with every case because every accident is different. That said, once you’ve been injured because of someone else’s “negligence”, it gives you the legal right to file an injury claim.

There are two main paths to compensation: through an insurance claim or by filing a personal injury lawsuit.

  • Insurance claim – Typically, after an accident, either your insurance company or the other party’s insurance company gets involved. From there, the process unfolds as follows:
    • You’ll submit your claim, and an adjuster will assess its value by performing their own investigation and questioning.
    • Settling out of court can be quicker and cheaper, with less hassle and a better understanding of your case’s value.
    • However, negotiating with insurance companies can have downsides, like delays or low settlement offers.
  • Lawsuit – If the insurance settlement isn’t enough, you can escalate to a lawsuit, which involves going to court.
    • This process takes more time and effort but offers the potential for greater damages.
    • You’ll play a more active role in the legal proceedings, but our team will handle most of the legal tasks.
    • It’s important to note that there are no guarantees of success in court, but it’s an essential option for getting the support you deserve under California law.
    • Additionally, there’s a deadline for filing a claim in California, which is two years from the date of the accident. Missing this deadline means you can’t file a claim.

Liability and Damages in a Car Accident Claim

The overall goal of any car accident claim is to recover “damages,” which is simply the legal term for your injuries and losses. Before you can do that and file a claim, though, you have to figure out who is responsible–or liable.

In simple terms, who you can sue after a car accident depends on who was at fault, which is determined by negligence. To prove negligence, you must show that the other person acted carelessly and caused the accident, resulting in your injuries and losses.

Here’s what’s typically involved in proving negligence:

  • The other person had a duty to drive safely and avoid harming others.
  • They failed to meet this duty by being careless.
  • Their carelessness directly caused the accident, leading to your injuries.

Once we establish these points, we can figure out who’s responsible for covering  your damages. While it most often falls on the other driver involved, liability can be shared among different parties, including:

  • Other drivers involved in the accident
  • Vehicle owners if the driver wasn’t the owner
  • Manufacturers if a defect in the car contributed to the accident
  • Government agencies if poor road conditions played a part
  • Employers if the driver was working at the time or in a company vehicle
  • Mechanics or repair shops if faulty repairs caused the accident

Damages

Just like your injuries and options can vary, so too will your damages. At the same time, the law recognizes that there’s a similar pattern of injuries and losses in a car accident, and as such, allows victims to recover a general set of potential damages in a claim. Usually, this includes:

  • Medical bills and expenses from treatment
  • Car repair or replacement costs
  • Lost wages or future earnings from missing work or the inability to work
  • Financial support for the physical pain and mental suffering caused by the accident.
  • Financial considerations for the mental suffering caused by the accident.
  • Support for the negative impact on your lifestyle or relationships.
  • Costs associated with a fatal accident, including funeral expenses and loss of financial support.

Again, these damages are general. What you’re ultimately able to get back depends on how effectively you present your case through evidence. Also, the circumstances of the accident itself will play a role.

Common Causes of Car Accidents

Car accidents in Fremont aren’t just common, but the underlying causes are also similar across the many different types of accidents that happen. While every accident is unique, it’s these underlying causes that really tell the story of how they happen. Typically, common causes are:

  • Driving under the influence
  • Distracted driving
  • Reckless driving/speeding
  • Driving while drowsy
  • Overall failure to follow road laws

When these factors are in play, it can lead to all manner of different types of accidents, including:

  • Single-vehicle accidents
  • Multi-vehicle accidents
  • Sideswipes
  • Rear-end collisions
  • Head-on collisions
  • Big rig accidents
  • Motorcycle accidents
  • Bus accidents
  • Rideshare accidents
  • Pedestrian accidents
  • Bicycle accidents
  • Uber accidents
  • Lyft accidents

Regardless of the accident type, injuries are likely, with some accidents resulting in more severe injuries than others. Understanding these scenarios helps prepare for such unfortunate events–and allows you to respond more effectively.

FAQs

Two years from the date of the accident. This is California’s statute of limitations for any injury claim. Missing it means you won’t be able to recover damages.

Yes. Liability can be shared among multiple parties, and you can file a claim against all the responsible parties, who will be liable for your damages.

This varies from year to year, but according to the California Highway Patrol’s Statewide Integrated Traffic Records System (SWITRS), there were 808 car accidents in 2022.

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