Maison Law Accident and Injury Lawyers of Fremont helps anyone that’s been injured in a car accident. With many different types of accidents on the city’s streets and roads, you and your passengers are unfortunately always at risk of an injury. But a rear-end accident is one of the most common and dangerous types of accidents for everyone involved. If you or someone you care about has been hurt in one of these accidents, contact us today for a free consultation.
Why Would You Need a Lawyer After a Rear-end Car Accident in Fremont?
If you’ve been involved in a rear-end accident in Fremont, our firm can play a crucial role in your recovery process. With our extensive experience in handling rear-end accident claims, we have a proven track record of securing favorable outcomes for our clients with the following approach:
- Thoroughly investigating the accident and what caused it
- Putting evidence together after helping you collect it
- Consulting with witnesses and experts
- Preparing a strong claim, either with the insurance company or a jury
Obviously, every case is different. That’s why we tailor our approach to what you need. Part of that is making things easier, allowing you to focus on your health and family. But remember, a big part of the legal process is understanding who’s at-fault.
Who’s Responsible For Injuries After a Rear-End Car Accident?
It might not seem like it, but there’s actually a lot that goes into responsibility for a rear-end car accident in Fremont. But at least legally, the starting point of your claim is figuring out who is responsible–or liable. Liability is extremely important, because it tells you exactly who is responsible for covering your injuries and damages from the accident. In order to figure this out, you need to show negligence, which involves:
- A duty of care to drive in a way that prevents accidents
- A breach of that duty
- The breach causing the accident
- The accident directly leading to your injuries or other damage
Once these are established and shown, it really narrows down the responsible party for your injuries and resulting damages. It’s important to remember that liability may be shared among different people, and even in a rear-end accident, you might also bear some responsibility. Usually, though, the following are found to be responsible for a rear-end accident:
- Other drivers – In most rear-end accidents, the other driver is going to carry a large amount of fault, especially if they were negligent or reckless.
- Pedestrians or passengers – They could influence the accident if, for example, a pedestrian suddenly crosses the street, causing the driver to brake hard, or if a passenger distracts the driver.
- Vehicle owners – They might be liable if poor maintenance, like broken brake lights, leads to the accident. Also, if the vehicle owner lets another person use their car, they could share responsibility.
- Car or parts makers – If a defect in the car or its parts causes the accident, like faulty brakes or malfunctioning lights, the maker or seller could be held responsible.
- Government agencies – They could be liable if poor road conditions or faulty traffic signals contribute to the accident. For instance, if potholes or broken traffic signals lead to a rear-end collision, the relevant Fremont government agency might be at fault.
The way the law works in California, you have the ability to file a claim against every liable party. While this can make the claims process slightly more complicated, it also allows you to recover more extensive damages.
What Damages Can You Get in a Rear-End Car Accident Claim?
When dealing with a rear-end accident in Fremont, you have two main options for getting damages: filing an insurance claim or a lawsuit. An insurance claim is generally quicker but depends on the insurance company’s willingness to offer a fair settlement–which they rarely do since they often aim to minimize their payout. A lawsuit involves presenting your case to a judge and jury, which can be more time-consuming but may result in a more comprehensive settlement for your losses.
Filing a claim aims to recover “damages” for your losses, which can vary depending on your situation. With a successful claim, you might be able to recover:
- Medical expenses and ongoing care needs
- Lost income or loss of earning potential if you can’t work anymore
- Repair/replacement costs for your car and any other damaged property
- Pain and suffering from injuries
- Emotional distress from the accident
- Loss of quality of life or companionship
- Wrongful death expenses
- Punitive damages, in certain cases
In Fremont, it’s crucial to file your claim within the legal time limit, known as the “statute of limitations,” which is typically two years from the date of the accident. Missing this deadline can keep you from filing a claim or recovering damages at all. Additionally, any fault you contribute to the accident will reduce your recovery amount (known as “comparative negligence”). This means that you need to do what you can to protect your claim.
How Do You Protect Your Rear-End Accident Claim?
A rear-end accident in Fremont might be common, but it’s not exactly easy to deal with. In a lot of cases, you might not even see it coming. Regardless of how bad the accident is, though, certain steps need to be taken to protect an eventual claim. Usually, this will involve the following:
- Getting to safety – First and foremost, getting to a safe location away from traffic and calling 911 for an ambulance is very important. Even if you feel okay, have EMTs check you at the scene or take you to the hospital. Don’t refuse their care, even if you feel ok. They can find injuries that might not be apparent.
- Calling the police – At the same time, have the 911 dispatcher tell local law enforcement so they can respond to the scene. This could be the Fremont Police Department (FPD), CHP, or the county sheriff’s office.
- Collecting evidence – If you can, take photos of the accident scene, your vehicle’s damage, other vehicles involved, and any visible injuries to show what happened. Also, gather contact information from witnesses in case we need their statements later.
- Keep records – Keep detailed records of all medical visits, insurance communications, and expenses. These will all be vital for your claim and proving your damages.
- Watch what you say – Whenever you talk about the accident, be careful. Insurance reps will try to twist your words and devalue your claim, so just stick to the facts. Also, don’t post about the accident on social media.
By following these steps, you’ll strengthen your claim and demonstrate that you’ve properly managed the aftermath of the accident. Once you’re ready to take legal action, our team will be there to support you.
Work With Our Fremont Rear-End Car Accident Lawyers
Rear-end accidents can be overwhelming, often leaving you and your family dealing with both physical injuries and financial burdens. If you’ve been injured in a rear-end car accident in Fremont, our dedicated team is here to help. We’ll fight for your rights and provide the legal support you need. Contact us today for a free consultation.