Maison Law Accident and Injury Lawyers can help you if you’re in a car accident in Fremont. A car accident raises a lot of questions, especially if you’re the one that’s being blamed for it. This is far from ideal, but you have legal protections and options that our team can help you with. Contact us today for a free consultation.
What Happens If You Are Blamed for a Fremont Car Accident?
In any car accident, someone is going to be blamed for it. But fault in a car accident is rarely straightforward, and when an insurance company gets involved, they’re going to do whatever they can to reduce fault on the part of their insured by blaming you and your actions for the accident. Usually, they do this by claiming that you:
- Were speeding
- Were distracted (on your phone, adjusting the radio, etc.)
- Followed too closely or drove aggressively
- Didn’t signal or ignored traffic signs
- Were tired or impaired
Their goal is to reduce your payout, even if the accident wasn’t your fault. This isn’t just standard practice, either. In California, the law follows a rule called “comparative negligence,” which means that, even if you’re partially responsible for the accident,the amount you can recover when you file a claim will be reduced by this percentage of fault–so if you’re 20% at fault, your payout is reduced by 20%.
Insurance companies know this and try to use this against you. That’s why it’s important to gather evidence and know your rights–so you can fight back and get the damages you rightfully need.
What Can I Do to Reduce My Level of Fault in a Car Accident?
No one wants to be in a car accident, but if it happens, it’s important to do what you can to either show that it wasn’t your fault or–more likely–take steps to reduce your level of fault as much as possible. The less blame assigned to you, the more you can recover in damages. So when you’re in a car accident, here’s how you can protect yourself and reduce your fault:
- Call 911 – Call 911 so you can get medical care immediately. This not only protects your health but also connects your injuries to the accident, which will make it harder for the insurance company to argue against. This will also alert local police to respond and manage the scene.
- Gather evidence of the scene – Take pictures and videos of the accident scene, vehicle damage, and road conditions. Get witness statements and keep all relevant documents from the accident.
- Follow traffic laws – Show that you were driving responsibly by obeying speed limits, using turn signals, and following all traffic signs.
- Keep records – Save medical reports, repair estimates, and any other expenses related to the accident to prove the financial impact.
- Be cautious with statements – Provide accurate and factual information to the police and insurance reps without admitting fault for what happened. Even saying “I’m sorry” can hurt your claim, so just stick to the facts of what happened.
Every detail matters when determining fault. Taking these steps can protect your claim, but an insurance company is still going to try to reduce your payout as much as they can. But this brings up another important question: how do you actually get financial support after a car accident?
How Do You Get Financial Support After a Car Accident?
No one ever expects to be in a car accident in Fremont, but it can happen when you least expect it. If it does, you may find yourself dealing with injuries, medical bills, lost income, and emotional distress. These losses are known as “damages”, and California law allows you to recover some of the costs associated with these things.
However, the first step in any claim is figuring out who exactly is at-fault. In legal terms, fault is known as “liability” and it depends on who was negligent and caused the accident itself. So, the details are very important when it comes to establishing liability. Still, the four elements that you need to prove are that:
- Someone had a legal duty to drive or act in a way that keeps you and others safe.
- They failed to do that.
- This failure caused the accident in question.
- The accident directly resulted in your injuries and losses.
With this set, you have liability–and with liability comes the legal responsibility of paying for your damages. But in order to get these damages, you have to either file:
- An insurance claim out of court
- A personal injury lawsuit in civil court
The damages you can claim depend on your specific situation, but they often include:
- Medical expenses and ongoing care needs, like physical therapy and medical devices.
- Lost income or loss of earning potential if you can’t work anymore or have to take a lower paying job.
- Repair/replacement costs for your car and other damaged property.
- Costs for your physical pain, mental suffering, and emotional distress.
- Costs associated with any reduced quality of life you experience, like missing out on quality time with your family or friends.
California law gives you two years from the date of the accident to file a claim. If you miss this deadline, you lose your right to get damages or even file a claim. So, it’s vital to act quickly to make the claims process work for you. If you’ve been in a Fremont car accident, don’t wait–contact Maison Law Accident and Injury Lawyers today for a free consultation and let us help you get the financial support you need to get better.