Car accidents can be life-altering, leading to physical injuries, emotional distress, and financial burdens. If you or a loved one has been involved in a car accident in Stockton, it’s crucial to understand your rights and the steps you should take to protect them.
At Omega Law Group Accident & Injury Attorneys, our Stockton personal injury lawyers help victims of car accidents get the compensation they deserve. We live by our motto, “Putting our clients first. Always!”
Our results speak for themselves. We’ve recovered millions of dollars for accident victims across California. When you need to speak with a Stockton car accident lawyer, contact Omega Law Group for compassionate and effective legal representation.
Important Actions After a Car Accident in Stockton
Making the right choices after a car accident can help you get the care you need, preserve your case, and comply with the law. Here are some of the most important actions in the aftermath of a car crash.
Get to Safety
Your immediate priority following a car accident should be safety. If possible, move to a secure area away from traffic and check for injuries.
Report the Accident
In Stockton, you must report any accident involving injuries, fatalities, or significant property damage to the local police or California Highway Patrol. A police report provides an official account of the incident, which can be critical for your insurance claim and any potential legal action.
Get Medical Help
Call 911 to report the accident and request medical assistance, even if your injuries appear minor. If paramedics arrive and want to take you to the hospital, it is important to comply. Prompt medical attention is vital for your health and your claim.
Exchange Insurance Information
Exchange contact and insurance information with the other driver(s) involved in the crash. If there are witnesses, collect their contact details as well. This evidence can be vital when building your case.
Document the Crash
Documenting the accident scene is crucial for any future claims. Take photos of the damage, the vehicles involved, and any visible injuries. This can help later when trying to establish liability and damages.
Contact an Attorney
A Stockton car accident attorney can guide you through every step of the legal process, from filing your claim to negotiating with insurance companies and representing you in court if necessary.
How Our Car Accident Lawyers in Stockton Can Help
At Omega Law Group, we bring decades of experience handling personal injury cases, including car accidents in Stockton. Our attorneys are dedicated to providing personalized, modern, and compassionate legal representation.
Affordable Legal Services
We offer a free consultation so you can tell us your story, and we can evaluate your case. If we believe you have a case and you choose to hire our services, we will deduct our fees from your award or settlement.
That means almost anyone can afford legal representation by a skilled Stockton car accident attorney who can help them stand up for their rights and get the compensation they deserve. You only pay if we win.
Accident Investigation
We will investigate your accident to determine liability. We may review police reports, speak to witnesses, visit the accident scene, take photographs, or view security footage to determine who was responsible for the crash.
There may be one liable party or several. Under California’s pure comparative negligence standards, you may recover partial compensation even if you share some responsibility for the accident.
Compensation Assessment
Once we know who is liable for the accident, we’ll file a claim with their insurance company. We can assess your damages and come up with a fair amount that will allow you to pay your bills and get your life back on track.
Settlement Negotiation
We’ll help file your claims, manage paperwork, and ensure you meet important deadlines. When the time comes, we will negotiate with insurance companies to receive fair compensation for your damages.
Our goal is to get you the money you need at the negotiating table. This is usually the best outcome for all parties involved. However, sometimes, insurance companies aren’t willing to do the right thing.
Representation in Court
If insurance companies still refuse to play fair after negotiations, we can take things a step further and file a civil lawsuit on your behalf. While we’d rather not put you through the stress of a trial, it is sometimes the only way you get the award you need.
Your Legal Rights and Compensation
As a victim of a car accident in California, you have the right to seek compensation for your injuries and losses. You may be entitled to receive:
- Medical Expenses: Covers current and future medical costs related to your injuries
- Lost Wages: Compensation for income lost due to the inability to work following the accident
- Pain and Suffering: Non-economic damages for physical pain and emotional distress caused by the accident
- Property Damage: Reimbursement for repairs or replacement of your vehicle and other personal property damaged in the accident
You can prove you’re owed these damages by working with our Stockton car accident lawyers. As the plaintiff, the burden of proof is on you to show how much you’re owed. Don’t let an insurance company decide how much you should receive. Let our firm help you.
Understanding California’s Insurance Rules
California is an at-fault state regarding car insurance. That means the insurance company for the driver who is liable for the accident must pay the costs for any injured parties. This is different from no-fault states, where each driver must file a claim with their own insurance company, no matter who was at fault.
California also operates under a system of pure comparative negligence. Under this doctrine, you may receive compensation after an accident, even if you were partially at fault. However, your award will be reduced based on your percentage of responsibility.
A lawyer can explain how at-fault insurance and pure comparative negligence may impact your case and how you can prevent an insurance company from falsely assigning you blame to deny or reduce your compensation.
Common Mistakes After a Car Accident
To improve your chances of compensation, avoid making these mistakes after your accident:
Not Seeking Immediate Medical Attention
Most importantly, proper medical care puts you on a path to recovery. However, failure to see a doctor can also weaken your claim, as it suggests you aren’t concerned about the severity of your injuries.
Providing Statements Without Legal Counsel
Insurance companies may use your statements to minimize your compensation. Always consult with your attorney first. In many cases, it is best to refer insurance representatives to your lawyer and avoid speaking with them altogether.
Accepting Early Settlement Offers
These offers are often lower than what you may be entitled to. The insurance company knows this, but they are hoping you don’t realize what your claim is really worth. Our car accident attorneys in Stockton will help you assess offers and fight for the compensation you deserve.
Missing California’s Statute of Limitations for Personal Injury Claims
In California, the statute of limitations plays a critical role in personal injury cases, including car accidents. This legal concept sets a time limit on how long you have to file a lawsuit after an injury occurs.
If you miss this deadline, you may lose your right to pursue compensation for your injuries. It’s essential to be aware of these time constraints and act promptly to protect your legal rights.
What Is the Statute of Limitations for Car Accidents in CA?
The statute of limitations is a law that prescribes the maximum period within which you can initiate legal proceedings from the date of the alleged offense. For personal injury cases in California, this period is generally two years from the date of the injury.
This means you have two years to file a lawsuit against the party responsible for your injuries, but there are several important exceptions and nuances to consider:
- Discovery Rule: In some cases, the injury or its cause may not be immediately apparent. If you discover your injury later, the statute of limitations may start from the date you realized (or should have realized) that you were injured due to someone else’s negligence. This is known as the discovery rule.
- Minors: If the injured party is a minor (under 18), the statute of limitations does not begin until they turn 18. They then have two years from their 18th birthday to file a personal injury lawsuit.
- Claims Against Government Entities: Special rules apply if you are filing a claim against a government entity in California. In these cases, you must file a government claim within six months of the injury. If the claim is denied, you have six months from the denial to file a lawsuit.
Given these constraints, it is vital to act quickly following a car accident. Consulting with a knowledgeable Stockton car accident lawyer soon after your accident can help you understand the timelines that apply to your case and ensure that you do not miss any critical deadlines.
Car Accident Causes and Liability in Stockton
Car accidents can happen in an endless variety of ways, and the person responsible will depend on the specific circumstance of the incident. Here are some of the most common causes of car crashes we see:
Distracted Driving
Distracted driving occurs when drivers focus on activities such as texting, eating, talking on the phone, or adjusting the radio and failing to concentrate on the road. They are liable for the damages they cause and can face harsh criminal and civil penalties.
Speeding
Driving faster than the posted speed limit can mean reduced reaction times and more severe accidents. Speed is often a factor in crashes, and drivers who ignore the speed limit are usually at fault in such accidents.
Drunk Driving
Alcohol and drugs can impair judgment, reduce reaction times, and negatively impact coordination, leading to accidents and injuries. Intoxicated drivers are liable criminally and civilly when they cause accidents.
Reckless Driving
Aggressive and reckless behaviors, such as tailgating, changing lanes without signaling, or running stop lights, can cause accidents. Drivers who engage in such behaviors are usually liable for them.
Weather Conditions
Bad weather in the form of rain, snow, and fog can make it harder to see the road and make a vehicle harder to control. This circumstance alone can cause an accident with no one at fault. However, drivers who drive too fast for weather conditions may be liable for accidents.
Fatigue
Tired drivers risk reduced reaction times and impaired judgment. Commercial drivers log long hours and sometimes drive without enough rest. In those cases, liability could rest with the driver or with the company imposing unsafe employment requirements.
Inexperience
Young and inexperienced drivers may lack the skills to handle adverse conditions or may make poor decisions on the road. They can be at fault for mistakes that cause crashes and injuries.
Failure to Yield
Drivers who miss or ignore road signs can cause accidents when they refuse to give other motorists the right of way. These drivers are often liable for accidents unless the road is improperly marked.
Poor Road Conditions
The local county and city governments, which are responsible for maintaining the roads, may be liable for accidents caused by potholes, gravel, uneven road surfaces, and inadequate signage.
Vehicle Defects
Mechanical issues such as brake failures and tire blowouts can cause a driver to lose control and crash. In some situations, the mechanic who maintained the vehicle or the company who manufactured the part may be liable.
Contact a Stockton Car Accident Attorney
If you’ve been injured in a car accident in Stockton, don’t navigate the aftermath alone. Bills can add up, and you may not be able to work. When you and your family are suffering, you need help.
Omega Law Group will fight for the money you need to get your life back on track. Our experienced Stockton car accident attorneys are here to help you understand your legal options and get the justice and compensation you deserve.
Call today for a free consultation and find out what we can do for you.