Stockton Car Accident Attorneys

California’s “At-Fault” Rule

California is what’s called an “at-fault” state with regard to car accidents. This means the driver who caused the accident is responsible for the financial losses (“damages”) suffered by the victim (the other driver). As the victim, you are not required to depend on your insurance to cover your damages.

Compare this to a “no-fault” state, like New York. In a no-fault state, the victim must first pursue reimbursement through his insurance company. Consequently, victims are rarely allowed to file a personal injury lawsuit after a car accident.

Proving Fault in a Car Accident

To prove fault, the victim must show these three things are true:

• The at-fault driver owed the victim a duty of care.
• The at-fault driver failed to uphold the duty of care.
• The breach of duty of care was a substantial factor leading to the plaintiff’s injuries.

In a car accident, the “duty of care” often depends on whether a driver fails to obey traffic laws or other road rules. It does not necessarily mean the driver was purposely tried to cause harm. Example: A distracted driver who is texting and fails to stop at a stop sign breaches their duty of care to the other people on the road. If that violation causes an accident, the distracted driver would be at-fault and liable for the injuries sustained by the victims.

Categories of Damages Awarded to Car Accident Victims

• Economic Damages: These cover out-of-pocket financial losses caused by the accident. Examples include medical bills, lost income (from missed work or reduced future earning ability), and property damage (like car repairs). They aim to reimburse you for the direct monetary costs of the accident.
• Non-Economic Damages: These address intangible losses such as “pain and suffering.” This type of compensation is for ongoing physical pain or emotional distress that doesn’t have a clear dollar value. A jury decides on a reasonable amount based on the evidence.
• Punitive Damages: These are meant to punish the defendant for extreme misconduct and only apply if the defendant acted intentionally or with severe recklessness. Everyday accidents typically don’t qualify for punitive damages.

What to Do After a Car Accident

In addition to making sure you and your passengers are physically safe and receive necessary medical care, it is critical to follow these steps after an accident:

• Call the police and file a police report.
• Collect other party(s) information: name, address, phone number, and driver’s license numbers
• Collect witness names and contact information
• Collect license plate(s) numbers of all vehicles involved
• Collect photographs of the property/vehicle damage and the collision scene

If you can’t get some or all of the information above, don’t worry; one of our legal team members will secure everything needed.

Do I have to report a car accident to the DMV?

If damage exceeds $750, which is expected, or anyone is injured, you must report the mishap to the Department of Motor Vehicles (DMV) within ten days. If you don’t, you may have your license suspended.

The Importance of Hiring an Attorney Who Knows Stockton

Our trusted and experienced lawyers have a long and personal connection to the city. Four of our lawyers are graduates of McGeorge School of Law, part of Stockton’s University of Pacific. Our legal team cares deeply for this city and believes the residents of the area deserve the best legal care, especially after enduring a life-changing auto accident.

Car Accidents in Stockton

Stockton is crossed by several significant highways, including Interstate 5, Highway 99, and the Crosstown Freeway (a segment of State Route 4). Hundreds of miles of rural, two-lane roads outside city limits regularly see devastating collisions.

Our Stockton personal injury lawyers understand the dangers of the roads in and around the area. They know what questions to ask and where to conduct investigations to uncover all necessary facts.

What To Expect After a Car Accident

As you can imagine, the aftermath of a car accident can be complicated and overwhelming. In addition to injuries, you may face time off work to heal from your injuries or even long-term physical rehabilitation. Our lawyers will begin uncovering the necessary details by contacting the other party’s representatives as soon as we are hired. However, even if we agree to take your case, you are not obligated to hire us. There is no charge for the initial consultation, regardless of whether we move forward together.

FAQ: How much does hiring a Stockton car accident attorney cost?

Hiring one of our car accident attorneys costs no money up front; our attorneys will get paid when you win your case. If you don’t win, you don’t pay; it’s that simple. However, not all lawyers have the same level of expertise and skill when it comes to pursuing a case. Remember: Since no fees are charged unless we win your case, our legal team only takes cases we intend to win. When you hire Eason & Tambornini, you secure a confident, capable, and strategic legal partner to help you.

Car Accident Claims vs. Lawsuits

Our lawyer may suggest filing a lawsuit if an insurance settlement offer is inadequate to cover losses. Here are the fundamental differences between claims and lawsuits:

Claim (most common): This is a formal process where interested parties file paperwork (“make a claim”) with insurance companies to recover damages such as vehicle repair costs, medical expenses, and other related losses that a victim suffers.

Lawsuit (less common): A formal legal action against the party responsible for the accident, usually when a settlement offer does not adequately cover damages. In an automobile collision lawsuit, your lawyer files a formal complaint on behalf of the injured party (plaintiff) against the at-fault party (defendant) in civil court.

Remember, since no two automobile collision claims cases are the same, resolutions of claims can vary widely. That’s why it is critical to call an attorney to discuss your case for free.

FAQ: Is settling a car accident claim out of court or going to trial better?

There is no correct or incorrect answer. As one of our Stockton car accident lawyers will explain during your free consultation, it just depends on the facts of the case.

Lawsuits are generally more complicated than insurance claims and, therefore, more time-consuming. However, our legal team still does not charge up-front fees to represent you, even if your case goes to trial. If you don’t win, you don’t pay.

Why You Should Immediately Call a Stockton Car Accident Lawyer

Collisions can be a shocking and disturbing experience, even if your injuries are not catastrophic. It’s not a great time to be trying to make decisions about what to do first, second, or third. Call one of our Stockton car accident attorneys and let them do the work for you so you can begin healing.

The seasoned legal team at Eason & Tambornini is standing by and ready to help.  Call us at (209) 323-5126 to schedule your free, no-risk consultation.