Liability in Car Collisions
California operates under an at-fault system, meaning the driver who is found responsible for causing the accident is liable for damages. Even if you are partially at fault for the accident, you can still recover compensation, but it will be reduced by the percentage of fault attributed to you.
In a car accident case, liability hinges on demonstrating that the driver had a duty of care, breached that duty, and the breach caused the accident and resulted in damages. A Bakersfield attorney could gather information from the accident scene, review police reports, collect witness statements, and obtain other relevant evidence to build a strong case.
Settlements Versus Trials
Coming to a favorable settlement means an injured person gets their funds more quickly and with less stress. However, insurance companies may take advantage by offering lowball settlements. Our attorneys are not scared to go to trial, which means insurers know we will never advise our clients to take an unfavorable settlement offer.
Still, many cases will be settled out of court. Through tough negotiation and proving damages, our Bakersfield lawyers are usually able to negotiate a favorable settlement after a vehicle crash. The faster we can get a successful resolution, the less stress and worry for our clients.
Complications of Car Accident Claims
While defensive driving and other careful practices can help people reduce the risk, anytime someone gets on the road, they are at risk from other drivers. In many car accidents, both drivers share responsibility for the accident, making a determination of fault more complicated. Our car wreck attorneys in Bakersfield can tackle these complexities by finding the evidence to prove fault. They will look for photos or videos of the scene, witnesses, the police report, and more to help determine the cause. They may also employ experts to help recreate the scene, which can help prove fault.
California is a comparative fault state. Under this doctrine, an injured person can recover from the other parties as long as the other party has any share of the negligence. While the ability to recover is substantial, it is crucial to understand that the court will reduce damages proportionate to fault.
Overview of the Car Accident Claim Process
You may not have experience seeking compensation for car accident injuries and, therefore, be unsure of what to expect. You might expect to receive a check in a matter of days or assume you will end up in court at a lengthy trial. In reality, these are two extreme scenarios, and your case will likely follow a more moderate process.
While each case is different, the following is a general overview of what you might expect from the process of filing a car accident lawsuit.
Investigation
We begin by investigating everything about your accident and injuries. Our law firm has extensive resources to conduct thorough investigations to determine the cause of the crash and who should be held accountable. We have access to professionals who could bolster and help with investigations, especially when liability is unclear or disputed. Expert opinions could be a highly persuasive addition to your car accident claim.
We also investigate your injuries, reviewing medical records and your overall prognosis. We work diligently to understand the full effect of your injuries on your life. This ensures our attorneys seek the appropriate compensation to help you feel “whole” again, in spite of your injuries.
Building a Case
Next, we take the evidence we gathered during the investigation and build a strong claim to prove both liability and losses. Evidence must be presented in a persuasive manner to keep the process progressing smoothly and to avoid any unnecessary challenges or issues.
We use a variety of evidence to build a strong case, including:
- Police reports
- Citations, arrests, and criminal convictions
- Witness statements
- Photos and video footage
- Accident reconstruction expert reports
We aim to construct a solid case that clearly proves another party was negligent or liable under other legal principles, such as an employer sharing liability for an employee’s conduct.
We also put together evidence of your losses, including medical bills, treatment plans, and employment and wage records if you missed work. Proper evidence of your damages is just as important as evidence of liability, and our car accident team always takes your losses seriously.
Insurance Negotiations
Even with extensive evidence, insurance companies will still try to minimize your compensation to protect the company’s bottom line. This means the first settlement offer will usually be quite low and insufficient in covering your losses.
However, our attorneys know the first offer will not be the final one. We are also highly confident in our negotiation skills and the leverage we bring to your case with insurance companies. You want a legal team that positions you favorably, and that is exactly what you could expect from our car accident attorneys.
We negotiate and provide additional arguments and evidence, when necessary, to support maximum compensation. Often, we are able to reach a favorable settlement that reflects your losses and is fair under the law. If this is the case, you could resolve your claim at this stage, allowing you to focus on enjoying your life again.
However, if insurers are being particularly difficult or refuse to accept liability, our team could then escalate the matter to civil court.
Filing a Lawsuit
When needed, our highly experienced trial lawyers are ready to initiate a personal injury lawsuit in civil court. This requires drafting and filing an official complaint with the court within the statute of limitations. The statute of limitations for car accident claims in California is two years from the date of your injuries.
Once we file the complaint and the defendant responds, we understand how to skillfully oversee the litigation process in line with all civil procedures and deadlines. We conduct discovery, which can involve depositions, requests for documents, interrogatories, and other important legal tools. These allow us to obtain the evidence the defense plans to use to challenge your claims. We also provide our evidence in support of your case to the other side as needed.
Throughout litigation, we engage in settlement negotiations, hoping the defense will finally make a fair offer. Many cases settle during the pretrial process. If we still do not receive a favorable settlement offer, we never hesitate to present your case in front of a judge and jury to seek an outcome in your favor.
You could rely on the guidance and representation of our motor vehicle accident attorneys in Bakersfield throughout the entire claim process.
Talk to a Bakersfield Car Accident Attorney
The aftermath of a car crash can be complicated, painful, and traumatic. You need to concentrate on healing, but you also have a ticking clock in terms of filing a claim. Additionally, you need damages in order to pay for continuing medical treatment and lost wages.
A Bakersfield car accident lawyer can help. They can assess your claim and help you understand all your potential remedies. Schedule a consultation with our team to learn more.
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