Stockton Car Accident Lawyers
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Experienced Stockton Car Accident Lawyers Dedicated To Advocating For Your Rights
Car crashes and collisions can cause serious injuries, including those that may result in death. A wide range of catastrophic injuries may occur, many of which can cause costly long-term consequences. If you were involved in a car crash in California, the Stockton car accident lawyers at Arash Law can help you seek compensation in accordance with California law. Call (888) 488-1391 or contact us online to schedule a free initial consultation and discuss your case. Our firm has decades of combined experience handling a wide range of personal injury cases, including those involving traffic accidents.
Stockton is the largest city in San Joaquin County in the Central Valley of California, and it is also the 11th largest city in the state. According to Data USA, Stockton had a population of 320,470 in 2023, with 18.3% of residents identifying as Hispanic or Latino, 17.5% as White, 20.5% as Asian, 10.2% as two or more races, and 11% as Black or African American.
Stockton has several major roads running through the city, including California State Route 99 (CA 99 or SR 99), Interstate 5 (I-5), and California State Route 4 (CA 4 or SR 4). In addition to accidents on some of the major highways, many other smaller roads in Stockton can also be common locations for car accidents.
Our law firm understands the many ways in which a car accident can significantly impact a person’s life and make daily living challenging. Our attorneys will work to help address your concerns, provide clear guidance, and handle the legal aspects of your case, allowing you to focus on getting better.
In many car accident cases, individuals who are injured work with insurance companies to pursue a claim. Some insurers pay close attention to the details of your case and may identify issues that could affect the outcome of your claim. The Stockton car accident lawyers at Arash Law can negotiate on your behalf and work to help you pursue fair compensation for your losses.
A farm worker, suffered multiple broken bones and other orthopedic injuries resulting from an auto accident where the defendant driver attempted to make a left turn in front of our client in heavy fog.– ARASH KHORSANDI
Common Intersections In Stockton With A High Number Of Collision Rates
Intersections can be hazardous, with cars coming from various directions and pedestrians or bicyclists crossing. Mistakes by drivers, such as going too fast or stopping abruptly, also contribute to the risk. Furthermore, buildings and parked cars may obstruct a clear view, so it’s crucial to be extra cautious when crossing intersections.
Our Stockton car accident lawyers have handled cases where crashes occurred in these intersections in the area:
- Da Vinci Drive & March Lane
- Hammer Lane & West Lane
- Hammer Lane & Lower Sacramento Road
- El Dorado Street & March Lane
- Airport Way & Park Street
Car Accidents Statistics In Stockton
The California Office of Traffic Safety (OTS) reported 1,611 fatal and injury crashes in Stockton in 2020, which included 53 motorcycles, 110 pedestrians, and 62 bicyclists. There were 153 alcohol-involved accidents, as well as 443 driving under the influence (DUI) arrests.
Two crashes involved drinking drivers less than 21 years of age, and 35 involved drinking drivers 21 to 34 years of age. There were 256 hit-and-run accidents as well as 131 nighttime (9 p.m.-2:59 a.m.) crashes.
Liability Insurance Requirements In California
The California Department of Motor Vehicles (DMV) notes that insurance (also known as financial responsibility) is required for all vehicles operated or parked on California roads. A person must carry evidence of their insurance in their vehicle at all times and provide it when requested by law enforcement, renewing vehicle registration, or when their vehicle is involved in a traffic collision.
Acceptable insurance in California includes a motor vehicle liability insurance policy, a cash deposit of $75,000 with the DMV, a DMV-issued self-insurance certificate, or a surety bond for $75,000 from a company licensed to do business in California. Minimum liability insurance requirements under California Insurance Code § 11580.1b are $30,000 for injury or death to one person, $60,000 for injury or death to more than one person, and $15,000 for damage to property. Navigating insurance policies and coverage amounts can be confusing during the claims process, especially if you’re recovering from an accident. Our Stockton car accident lawyers can help explain these details and assist you in pursuing financial compensation for your losses.
Common Kinds Of Car Accidents In Stockton
No two accidents are the same, and there are often significant differences between crashes in terms of underlying causes, injuries, and many other factors. Car crashes take many forms. Our car accident lawyers in Stockton handle some of the common types of collisions, such as:
- Head-on Collisions — Two cars colliding head-on are often more likely to result in a fatal accident, and these collisions are frequently the result of one vehicle traveling in the wrong direction.
- Multi-Car Collisions — In California, crashes involving three or more vehicles are not uncommon. These cases often involve multiple parties and can make determining liability and resolving claims more complex.
- Rear-End Collisions — Rear-end accidents are a common type of collision and often occur when a driver does not stop in time to avoid crashing with another vehicle.
- T-Bone Collisions — The T-bone accident is the same as a side-impact collision because one car strikes the side of another vehicle in a T shape.
Our Stockton car accident lawyers will conduct a thorough investigation and gather important evidence to determine the cause of the accident and help hold the at-fault party accountable.
Causes Of Stockton Car Accidents
The National Highway Traffic Safety Administration (NHTSA) states that the critical reason, or the last event in a crash causal chain, was assigned to the driver in 94% of crashes. Only 2% of crashes were attributed to a vehicle component’s failure or degradation, and another 2% were attributed to the environment, but among the estimated 2,046,000 drivers who were assigned critical reasons, recognition errors made up about 41%, decision errors accounted for 33%, and performance errors were 11%.
Arash Law has handled a wide range of car accident cases. Some of the cases our Stockton car accident attorneys have handled involve the following common causes of accidents:
- Distracted Driving
- Drowsy Driving or Driver Fatigue
- Driving Under the Influence of Alcohol or Drugs
- Speeding
- Poor Road Conditions
- Aggressive Driving
- Reckless Driving.
- Vehicle Malfunctions
- Inclement Weather
- Road Defects
Common Stockton Car Accident Injuries
Generally, car accidents can cause severe injuries to a person that may require extensive medical treatment and rehabilitation. People can be out of work for several months and face many different challenges in their daily lives.
Our Stockton car accident lawyers have handled cases involving injuries, including but not limited to the following:
- Fractures or Broken Bones
- Lacerations
- Concussions
- Crush Injuries
- Closed Head Injuries
- Back Injuries
- Knee Injuries
- Leg Injuries
- Neck Injuries
- Arm Injuries
- Internal Organ Injuries
- Skull Fractures
- Traumatic Brain Injuries (TBIs)
- Spinal Cord Injuries
- Permanent Nerve Injuries
- Amputations
- Paralysis
- Severe Burn Injuries
- Whiplash
- Wrongful Death
There can also be damaging psychological or mental aspects to a car crash, as the National Library of Medicine reports that the presence of posttraumatic stress disorder (PTSD) at least 30 days post-accident is approximately 25-33%. The study claims that accident-related PTSD can affect 2.5 to 7 million people in the United States.
Impact Of California Being A Fault-Based State
When it comes to car accidents, 12 states in the country follow “no-fault” insurance laws. In these states, each driver’s own insurance company pays for their medical expenses through personal injury protection (PIP) coverage, regardless of who caused the collision. However, the at-fault driver may still be held responsible for property damage and could face liability if injuries exceed the no-fault threshold or result in significant losses.
California is among the 38 other states that follow a fault-based system, which means that injured individuals can file claims against the at-fault driver’s insurance company for damages. In fault states, third-party claims are more common than in no-fault states, where such claims are generally restricted unless injuries exceed certain thresholds.
A Stockton car accident lawyer can help address the complexities that may arise during the claims process. It may also be helpful for you to understand your legal options when another driver’s insurance is not enough to cover the costs of an accident.
It’s important to remember that the costs resulting from an accident may exceed California’s minimum liability coverage. Depending on the specifics of the case, individuals may seek additional compensation through uninsured or underinsured driver policies, which all insurers in California are required to offer. This coverage, which may be available if the victim opted in, can help pay damages that exceed the limits of the at-fault driver’s insurance.
Understanding California Negligence Laws
There are many car accidents in California where fault can be clearly determined at the scene, but in other cases, the cause of the crash may be disputed. There may be competing accounts from the drivers involved, and the situation can become even more complex when additional parties are involved in the accident.
Establishing negligence in California requires demonstrating four key elements:
- Another party owes you a duty of care.
- That other party breached their duty of care through negligence.
- The breach caused your injuries.
- You have suffered actual harm, resulting in damages.
All drivers have a duty to obey local traffic laws and avoid creating an unreasonable risk of car accidents. A duty of care does not involve intentionally trying to injure a person. Under California Civil Code § 1714, every person is responsible, not only for the result of their willful acts but also for injuries caused to others by their lack of ordinary care or skill in the management of their property or person, except when the injured party has, through their own willful actions or lack of ordinary care, contributed to their own injury.
It is also important to remember that California is a comparative fault state, which differs from contributory negligence states that prohibit claims by people who were primarily at fault for their crashes. People in California are allowed to file claims regardless of their degree of fault or liability.
The catch to this system is that compensation may be reduced by the percentage of negligence assigned to each person. For example, if someone is awarded $100,000 but is found to be 75% at fault, their compensation will be reduced by $75,000, and they may be able to receive $25,000. Keep in mind that these amounts may vary depending on the specifics of your case.
If you suffered from injuries due to a negligent driver, reach out to car accident lawyers in Stockton. We will work to build a well-supported case and help you pursue the compensation available for your pain and suffering.
Kinds Of Damages For Car Accidents
In car accident cases, a monetary award is known as damages, which can be categorized into compensatory and punitive. Compensatory damages fall into two categories, namely, economic and non-economic, and are intended to reimburse the plaintiff for their losses. Punitive damages, on the other hand, are awarded in rare cases to punish a wrongdoer for gross negligence or malicious conduct and may serve as a deterrent to similar behavior by others.
Economic Damages
Economic damages following a car accident refer to tangible costs that can be documented and calculated for the court. Common examples of economic damages in car accident cases include past, present, and future medical expenses, lost income, and property damage.
Non-Economic Damages
There are several kinds of intangible losses that may be considered in a claim. Common examples of non-economic damages include pain & suffering, emotional distress, and disfigurement.
Punitive Damages
California Civil Code § 3294 establishes that, in rare cases in which there is clear and convincing evidence that a person committed oppression, fraud, or malice, punitive damages can be awarded as a way of punishing that person. Punitive damages are not awarded in cases of simple negligence, as there often needs to be an aggravating factor.
State law is defined as despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of that person’s rights. Fraud can be either intentional misrepresentation, deceit, or concealment of a material fact known to a party with the intention on the part of the party to thereby depriving a person of property or legal rights or otherwise causing injury. Malice refers to conduct intended to cause injury to another, or despicable conduct carried out with a willful and conscious disregard of the rights or safety of others.
Wrongful Death Damages
Under California Code of Civil Procedure § 377.60, a cause of action for the death of a person caused by the wrongful act or neglect of another party can be asserted by any of the following persons or by a decedent’s personal representative on their behalf:
- Surviving spouse or domestic partner.
- Children
- Grandchildren (if the children are also deceased).
- Minors who were dependent upon descendants for one-half or more of a minor’s support.
- Any other party entitled to a share of the decedent’s property under California’s intestate succession laws.
Wrongful death damages can include compensation for burial and funeral expenses, any amount the deceased would have earned as income, and the loss of their companionship and support.
How Can Stockton Car Accident Lawyers Help Me?
The first thing an attorney can do for you is conduct an independent investigation into your crash. A Stockton personal injury lawyer works to preserve key evidence and determine the cause of an accident.
Insurance companies may contact you and offer you a lump-sum settlement to resolve your case. This initial offer may seem enticing, but it may fail to account for your ongoing and future medical expenses as well as your non-monetary damages. Consulting with an attorney can help you determine whether the settlement offer is fair before deciding to accept it.
Similarly, consider seeking legal counsel before giving any recorded statement to an insurance company, as these statements may be used in evaluating a claim, which can potentially affect the outcome. An attorney can handle communications with them and help you address the challenges that often arise during the negotiation process.
After a lawyer has investigated a case, they estimate the damages you may be able to pursue and draft a demand letter to send to the insurance company. Some insurers may not respond to demand letters, while others may provide a counteroffer for settlement.
An attorney can spend several months negotiating with an insurance company. If an agreement isn’t reached, then your Stockton car accident lawyers may have to file a lawsuit to take the case to court.
Insurance companies often strive to resolve claims without resorting to court proceedings. While settlements are common in car accident cases, some cases do proceed to trial if an agreement cannot be reached.
Settlement in a brake failure case involving a commercial defendant – case dropped by prominent local law firm; client suffered foot injury– JUDD ROSS ALLEN
What To Do After A Car Accident
Stockton car accident lawyers can do many things for many people, but there are still actions that individuals must take themselves. There are certain steps you can take to support your claim, including:
- Follow the Doctor’s Orders — It is important to be aware that insurance companies may request access to your medical records during the claims process. If you do not follow your treating physician’s recommendations, this information could affect how your claim is evaluated.
- Let Your Attorney Handle Correspondence — If an insurance company contacts you, consider referring their calls to your Stockton car accident lawyers rather than speaking to them directly.
- Stay Off Social Media — While it is common to use social media, be aware that insurance companies may review your posts during the claims process. Statements or photos about your accident or recovery can be used as evidence and may affect your claim. In some cases, social media activity has impacted the outcome of compensation for injuries.
- Track Your Damages — It is essential to keep track of all costs related to your accident.
- Keep a Journal — It can be helpful to keep a daily record of your thoughts and experiences following an accident, as important details may fade from memory over time. Documenting this information can assist with your claim later on.
Statute Of Limitations For Stockton Car Accident Lawsuits
The deadline for legal claims is known as the statute of limitations. California Code of Civil Procedure § 335.1 establishes that an action must be commenced no later than two years from the date of an accident.
Courts may dismiss cases filed after the deadline has passed, and people may be hindered from pursuing compensation in their cases. It is important to note that the California statute of limitations does have certain exceptions.
When a car crash victim is a minor, they have two years to file a claim from the date they turn 18. If a person is declared mentally incompetent (such as a person in a coma), then the limitations period will be tolled (delayed) until the person recovers.
Another scenario that may affect the statute of limitations is if a person dies within six months of the statute of limitations expiring, another party may be able to continue the action on their behalf. When a person is in prison, the statute of limitations is paused until their release or for two years, whichever is sooner.
Another important exception involves claims against government entities, which typically must be filed within six months; in some cases, even shorter deadlines may apply.
Speak With Dedicated Stockton Car Accident Lawyers
Car crashes often occur in California, and many accidents have the potential to cause lifelong problems for the people involved. Anyone involved in a car accident should consider consulting a lawyer without delay.
Our car accident lawyers at Arash Law have supported clients throughout California. When you hire us, you don’t have to pay lawyers’ fees up front. That is because we represent clients on a contingency fee basis. This means that we only take a predetermined percentage of your settlement or jury award, and we do not get paid attorney’s fees unless your case results in a settlement or a verdict. While clients are still responsible for certain case-related costs regardless of the outcome, this gives you access to legal representation regardless of your current financial situation. These fees and costs will be clearly outlined in a written agreement and discussed during your consultation.
Arash Law is dedicated to helping clients in a wide range of accident cases and can be your advocate in the courtroom. Call (888) 488-1391 or contact us online to schedule a free case review.
If your injuries prevent you from visiting our office, our Stockton car accident lawyers can arrange a meeting at a time and location of your choosing. We serve the Stockton area and its surrounding communities. We also cater to locations all over California, including San Bernardino, San Diego, Sonoma, Los Angeles, San Joaquin, and more.
