Visalia Car Accident Lawyer

Car accidents are unpredictable and potentially life-changing. While some may lead to minor damage, others can create far more serious outcomes, like significant injuries, emotional trauma, and financial hardship. Accident victims are entitled to file a claim against the at-fault party to secure fair compensation.

At West Coast Trial Lawyers, our skilled Visalia personal injury lawyers will support you every step of the way. With more than 20 years of experience handling motor vehicle accidents and a proven history of meeting client needs, we are prepared to take on your case, ensuring that your best interests remain as our top priority.

We work under a contingency-fee basis, meaning you do not owe us anything unless we settle your case. To book a FREE consultation, you can get in touch with our 24/7 legal team by calling (213) 927-3700 or completing our convenient online contact form.

Common Causes of Car Accidents

Car accidents happen when you least expect it to, and are often triggered by preventable factors. Let’s explore each common cause in the sections below.

Distracted Driving

Drivers are required to keep their eyes on the road at all times. If they allow certain factors, like phones, eating, or daydreaming to divert their attention, it will increase the risk of a crash. Even just a few seconds can cause a driver to miss a red light or fail to brake in time to avoid an accident.

Under California law, the following sections have been established to prevent distracted driving:

• CVC 23123: This restricts drivers from using a wireless telephone unless it is designed to allow hands-free listening and talking, and is used in that matter while operating a motor vehicle.
• CVC 23123.5: An individual cannot drive while holding and using a handheld wireless telephone or electronic wireless communications device unless it comes with voice-operated and hands-free features, and is used in that manner while on the road.
• CVC23124: Drivers under 18 are prohibited from using a wireless telephone or electronic wireless communications device regardless of whether it is equipped with hands-free operation.

Speeding

Speeding is a major cause of car accidents as it can reduce a driver’s ability to react to sudden hazards on the road, making crashes more severe. When someone goes past the posted limit or does not consider road or weather conditions when traveling, it can put them and others at serious risk. Doing this can contribute to multiple types of car crashes, like rollover and rear-end collisions.

To regulate speeding, the state has enforced the following regulations:

• CVC 22349: Drivers cannot exceed 65 mph on most California highways. The only exception is traveling on specific highways with a posted speed limit of 70 mph. In addition, when occupying two-lane, undivided highways, the maximum limit is 55 mph unless a higher speed is posted.
• CVC 22350: This law requires drivers to maintain safe speeds based on the conditions presented.
• CVC 22352: Vehicle operators can drive up to 15 mph in higher-risk situations, like railroad crossings, blind intersections, and alleys. They can go up to 25 mph in more populated or vulnerable areas, like business or residential districts, school zones, and senior centers.

Impaired Driving

Drivers who are under the influence are putting themselves at a significant risk of car accidents. This is primarily due to their:

• Lack of judgement
• Poor reaction time
• Loss of coordination

To prevent such reckless behavior on the road, the following rules have been enforced:

• CVC 23152: A person who is under the influence of any alcoholic beverage cannot operate a vehicle. This also applies to any drug, or a mix of alcohol and drugs. It is also unlawful to drive a vehicle with a blood alcohol concentration (BAC) of or above 0.08 percent.
• CVC 23153: This law makes it illegal to drive while on drugs and/or alcohol and cause bodily injury to another individual in a crash. It is directed towards regular, commercial, and rideshare drivers.

Fatigue

Drivers with fatigue may experience a slow reaction time to their surroundings, making it more difficult for them to make the right decisions when encountering potential hazards. It can also cause them to fall asleep behind the wheel, increasing the likelihood of serious motor vehicle accidents. Driving while fatigued is just as dangerous as being under the influence.

Poor Road Conditions

Poor road conditions can trigger car accidents by making it more difficult for drivers to maintain control of their vehicles. Rain and snow can cause skidding, while other obstacles, like potholes or debris, can result in sudden swerves, tire blowouts, or loss of control. 

Inadequate lighting can also create complex situations for drivers, reducing their ability to detect other vehicles, pedestrians, or hazards. This can increase their likelihood of a crash, especially if they are driving at night or dealing with adverse weather conditions.

Manufacturing Error

A manufacturing error can cause a car accident if the vehicle design or part does not perform properly during operation. For instance, a faulty brake or defective airbag can cause the vehicle to behave unpredictably, raising the chances of a collision. These defects will create challenges for the driver as they try to control the vehicle, making it unsafe to use. While these errors are rare, they can still happen and should not be taken lightly. 

Common Car Accident Injuries

Car accidents can result in a wide range of minor to serious injuries. Each will vary depending on the severity of the impact. Some common forms of bodily harm that may arise after a crash include the following:

• Broken bones
• Traumatic brain injuries
• Soft tissue injuries
• Permanent disability

Not only are physical injuries a possibility, but emotional injuries may also occur, such as:

• Anxiety
• Depression
• Post-traumatic stress disorder (PTSD)

Who Can Be Held Liable in a Car Accident?

 

In a car accident, liability can apply to various parties depending on the factors involved. You will need to gather evidence to demonstrate the elements of negligence. This includes the following:

• The defendant had a legal obligation to act in a responsible manner 
• The defendant failed to meet their duty of care
• The defendant’s reckless behavior was the direct cause of your injury
• You suffered actual harm or loss as a result of the car accident

Under California’s pure comparative negligence law, each party’s degree of fault will be evaluated, and damages will be distributed accordingly. For instance, if the defendant was 70 percent liable and you were 30 percent liable, your compensation will be adjusted based on your percentage of fault. So, in this case, you would still be able to recover 70 percent of the total damages.

Wrongful Death in a Car Accident

In the event of a fatality in a car accident, the surviving family members can file a wrongful death claim on the behalf of the deceased as per California Code of Civil Procedure § 377.60. To be more specific, a wrongful death in a car accident happens when a person dies as a result of someone else’s negligence or intentional acts.

Eligible individuals who can file a wrongful death claim include the following:

• Spouse
• Children
• Parents or legal guardians
• Other dependents who financially relied on the deceased person

To successfully undergo the legal process, there must be a proven act of negligence that ultimately leads to the victim’s passing. The surviving family members must also show the financial and emotional losses they endured due to their loved one’s death. This may include:

• Medical bills
• Funeral and burial costs
• Loss of financial support
• Loss of companionship

Steps to Take After a Car Accident

Car accidents, even minor ones, can be stressful. But, your actions in such critical moments can make all the difference. Incorporating the following steps can help ensure a smooth legal process in terms of recovery and resolutions. 

Contact Local Law Enforcement

If any injuries or damages are presented shortly after the car crash, you should contact local law enforcement for immediate assistance. Police officers will arrive at the accident scene shortly after and document the situation. Paramedics will also be present to provide medical care to the injured parties.

Collect Evidence

If possible, try to:

• Take photos of your injury, vehicle damage, and the accident scene
• Acquire CCTV footage
• Get witness information
• Request a copy of the police report and your medical records

Exchange Information

You should communicate with all of the parties involved in the car accident and ask for their vehicle, insurance, and contact details.

Seek Medical Attention

If you suffered harm as a result of the car accident, you should still seek medical care immediately after the event. It is important to get yourself evaluated to protect your well-being and properly document any potential injuries.

Speak with a Visalia Car Accident Attorney

If you were in a personal injury accident as a driver, obtaining legal assistance from a Visalia car accident attorney can benefit you in several ways. They understand specific laws and regulations enforced in the city and the state, and can navigate you through complex tasks, ensuring no mistakes are made and all necessary documents are submitted in a timely manner.

Furthermore, they can help you determine the full extent of damages you incurred and negotiate with the other party’s insurance company to get you fair compensation. Ultimately, they will handle all legal aspects of your personal injury claim, allowing you to focus on your recovery with a peace of mind.

What Compensation Is Available After a Car Accident?

After a car accident, several types of compensation may be available. But, it will be distributed based on the specifics of the event, along with the damages you endured. Some factors that will be considered when calculating your settlement value include the following:

• The severity of your injury
• Percentage of fault
• Current and future medical bills
• Lost wages and earning capacity

To get an idea of what you could be granted in such a case, you can use our personal injury settlement calculator by inputting the losses you sustained due to the defendant’s negligence.

Below are some common forms of compensation that are provided in personal injury cases:

• Medical bills
• Lost wages
• Property damage
• Emotional distress
• Pain and suffering

Rarely, punitive damages will be awarded. This can be included in legal cases, like car accidents, pedestrian accidents, truck accidents, and so on. The intent is to punish the wrongdoer for exhibiting egregious behavior, and to deter similar conduct in the future. To prove punitive damages, you will need to show how the defendant acted with gross negligence or intentional misconduct.

How a Visalia Car Accident Lawyer Can Help You

A Visalia car accident lawyer can offer you the guidance and support you need to recover compensation. They will communicate with the insurance company and convince them to give you a fair offer that will help cover the losses you incurred due to the auto accident. With extensive knowledge and expertise in personal injury law, car accident lawyers are equipped to  hold the at fault party accountable for the injuries and damages they caused.

Book a FREE Consultation with West Coast Trial Lawyers Today

Personal injury victims are entitled to file a car accident claim against the responsible party to secure financial compensation. At West Coast Trial Lawyers, our Visalia legal team will advocate on your behalf. We will effectively navigate your lawsuit, challenge opposing arguments, negotiate for maximum compensation, and work diligently to make sure justice is served.

To set up a FREE, no obligation consultation with one of our experienced personal injury attorneys, you can reach out to us by calling (213) 927-3700 or filling out our quick online contact form.

Visalia Car Accident FAQ

How Long Do Most Car Accident Settlements Take?

Car accident settlements can take anywhere from a couple of months to a few years. The duration will vary depending on the complexity of the insurance claim and the case itself. Other factors that will affect the timeline include:

• The extent of bodily harm
• Length of medical treatment
• Degree of fault
• Whether the case will head to trial

Simple claims will settle fairly quickly. Serious personal injuries may take longer due to the need for extensive negotiations and evidence collection along with potential litigation. 

What Are Most Lawyer Fees for a Car Accident?

Visalia personal injury attorneys all work with different fee structures. Some will charge you by the hour. Others will function under a contingency-fee basis, meaning you do not owe anything unless your legal representative wins your case or successfully secures a settlement on your behalf. 

What Are the Common Mistakes to Avoid When Hiring an Accident Attorney?

When hiring an accident attorney, there are many common mistakes you should avoid to prevent it from harming your personal injury case. This includes the following:

• Choosing a legal representative solely based on advertisements
• Not asking about their experience handling similar cases
• Overlooking poor communication
• Not understand their fee structure
• Failing to look into their reputation
• Hiring one too late into the legal process

Being aware of these mistakes can help you select a qualified personal injury attorney to represent you, and better your chances at receiving reasonable compensation.