Stockton Car Accident Lawyers
- Common Intersections in Stockton with the Highest Collision Rates
- Car Accidents Statistics in Stockton
- Liability Insurance Requirements in California
- Common Kinds of Car Accidents in Stockton
- Causes of Stockton Car Accidents
- Common Stockton Car Accident Injuries
- Impact of California Being a Fault-Based State
- Understanding California Negligence Laws
- Kinds of Damages for Car Accidents
- How Can a Stockton Car Accident Lawyer Help Me?
- What People Can Do to Strengthen Car Accident Cases
- Statute of Limitations for Stockton Car Accident Lawsuits
Experienced Stockton Car Accident Lawyers dedicated toFinding a Solution for You and Your Family
Car crashes and collisions can cause a lot of serious injuries, which can lead to death. There is a wide range of catastrophic injuries that can occur to people, many of which can result in costly long-term consequences. If you were involved in a car crash in California, the Stockton car accident lawyers at Arash Law under Arash Khorsandi, Esq. can help you recover all of the financial compensation to which you are entitled. You can call (888) 488-1391 or contact us online to schedule a free consultation to discuss your case. Our firm has decades of combined experience handling all kinds of car accident cases.
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 the 2020 United States Census, Stockton had a population of 322,120, and 44.9%percent of residents were Hispanic or Latino, 35.0%percent were white alone, 20.9%percent were Asian alone, 17.7%percent were two or more races, and 11.3%percent were Black or African-American alone.
The median household income in Stockton was $63,916, and 16.3% of people were living in poverty. The Census also reports that 12.2% of Stockton is people 65 years of age and older, 27.7% is people 18 years of age or younger, and 7.1% is people under 5 years of age.
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.
If you were involved in a car crash in California, the Stockton car accident lawyers at Arash Law under Arash Khorsandi, Esq. can help you recover all of the financial compensation to which you are entitled. You can call (888) 488-1391 or contact us online to schedule a free consultation to discuss your case, and you should know our firm has decades of combined experience handling all kinds of car accident cases.
Our law firm fully understands the many ways in which a car accident can completely transform a person’s life and make daily living a real challenge. Our attorneys will take the time to listen to your problems, offer legal advice, and do what we can to help you with any issues with which you are dealing.
You are going to need to understand that a significant majority of car accident cases are going to require people to work with insurance companies, and all insurers are going to try to take advantage of people and pay them less than what they need and deserve. Do not take any chances of obtaining a lackluster settlement from an insurance company when you can let Arash Khorsandi, Esq. and his team of Stockton car accident lawyers at Arash Law negotiate a fair and full settlement for your case.
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 the Highest Collision Rates
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 $35,000 with the DMV, a DMV-issued self-insurance certificate, or a surety bond for $35,000 from a company licensed to do business in California. Minimum liability insurance requirements under California Insurance Code § 11580.1b are $15,000 for injury or death to one person, $30,000 for injury or death to more than one person, and $5,000 for damage to property. Talks of insurance policies and amounts can be confusing when your claim process is underway as you’re recovering from the wreck. Let our Stockton car accident lawyers explain the intricacies involved in the process and help you with securing financial recovery for your losses.
Common Kinds of Car Accidents in Stockton
No two accidents are ever the same, and there are often significant differences between crashes in terms of underlying causes, injuries, and many other assorted factors. Car crashes take many forms. Our car accident lawyers in Stockton handle some of the most frequent types of collisions involving:
- Head-on collisions – Two cars colliding head-to-head is always more likely to be a fatal accident, and these collisions are often the result of one vehicle going the wrong way.
- Multi-car collisions – While many collisions in California will only involve two vehicles, it is far from uncommon for an accident to involve three or more cars, and claims can become far more complicated when there are multiple liability claims.
- Rear-end collisions – The rear-end accident is definitely one of the most common kinds of collisions because it simply involves one driver not stopping in time to avoid striking 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.
The bottom line for all people involved in car collisions is that legal representation will be incredibly important after a crash because qualified Stockton car accident lawyers are going to know how to investigate the accident and help people prove another party was at fault. You do not want to risk handling a claim on your own because insurance companies are only working for their own benefit.
Causes of Stockton Car Accidents
- distracted driving
- drowsy driving or driver fatigue
- DUI of alcohol or drugs
- poor road conditions
- aggressive driving
- reckless driving
- vehicle malfunctions
- inclement weather
- road defects
Common Stockton Car Accident Injuries
Any car accident has the potential to cause severe injuries to a person that can require extensive medical treatment and rehabilitation. People can be out of work for several months and face many different challenges in their daily lives.
Some of the most common kinds of injuries our Stockton car accident lawyers see in victims are:
- fractures or broken bones
- crush injuries
- closed head injuries
- back injuries
- knee injuries
- leg injuries
- neck injuries
- arm injuries
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, there are 12 states in the country that are “no-fault” states, meaning both drivers’ insurance companies pay for their respective party’s medical expenses using their personal injury protection (PIP) coverage, regardless of which driver caused the collision. An at-fault driver is still responsible for compensating the other driver.
California is among the 38 other states that are fault states, which means that people are allowed to file claims with insurance companies for other drivers. Unlike no-fault states that prohibit third-party claims, the third-party claim will be much more common in a fault state.
Most people are going to have to deal with insurance companies when they hope to recover any compensation for their losses, and you are going to need Stockton car accidents any time you have to deal with an insurer. People will especially want to know their legal options when another driver’s insurance will not be enough to cover the costs of an accident.
Keeping in mind that California’s minimums are $15,000, $30,000, and $5,000, it is possible that the costs of the damage caused can dramatically exceed these amounts. Some people can pursue additional compensation through an uninsured or underinsured driver policy, which all insurers in California are required to offer, as this insurance can cover costs that other drivers cannot handle.
Understanding California Negligence Laws
- Another party owed a person a duty of care.
- The other party breached their duty of care through negligence.
- The other party’s negligence caused a person’s injuries.
- The injuries have resulted in damages.
All drivers have a duty to obey local traffic laws and not create an unreasonable risk of car accidents. A duty of care does not relate to a person intentionally trying to injure another party, and California Civil Code § 1714 establishes that every person is responsible, not only for the result of their willful acts but also for an injury occasioned to another by their want of ordinary care or skill in the management of their property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon themselves.
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 blame.
The catch to this system is that people can see their awards reduced by the percentage of negligence in their cases, meaning that a person who is awarded $100,000 but is found to have been 75 percent at fault will see their award reduced by $75,000 and they will ultimately receive $25,000. If you suffered from injuries due to a negligent driver, reach out to car accident lawyers Stockton trusts to build a solid case for you. They’ll work hard to ensure you get the maximum settlement or award for your pain and suffering.
Kinds of Damages for Car Accidents
When it comes to money in a car accident case, any award is known as damages, and damages take many forms. There are three kinds of compensatory damages as well as punitive damages, which are not intended to be compensatory because such judgments are to punish negligent parties.
Damages often break down as follows:
Economic damages following a car accident relate to tangible costs that can be proven and calculated for court. The most common kinds of economic damages in car accident cases often include past, present, and future medical expenses, lost income, and property damage.
There are several kinds of more intangible losses for which people can also be compensated. Common kinds of non-economic damages may include pain and suffering, emotional distress, or disfigurement.
California Civil Code § 3294 establishes that in 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.
When it comes to how California defines the terms relating to punitive damages, state law dictates that oppression is 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 of thereby depriving a person of property or legal rights or otherwise causing injury, while malice is conduct that is intended by a person to cause injury to another party, or despicable conduct carried on by a person with a willful and conscious disregard of the rights or safety of others.
Wrongful Death Damages
- a decedent’s surviving spouse or domestic partner
- a decedent’s children
- a decedent’s grandchildren
- minors who were dependent upon descendants for one-half or more of a minor’s support
- any other party entitled to a deceased person’s property under California’s intestate succession laws
How Can Stockton Car Accident Lawyers Help Me?
The first thing an attorney can do for you is conduct their own independent investigation into your crash. A Stockton personal injury lawyer will know how to preserve key evidence and determine the cause of an accident.
You need to be aware that an insurance company can make active efforts to reach out to you and may offer you a lump-sum settlement to resolve your case. Nobody should ever accept an insurance company’s first offer because it is almost assuredly a lowball figure that is nowhere near what people are actually entitled to.
Similarly, you also should not provide any recorded statement to an insurance company because these opportunities are often utilized by insurers to get people to make damaging admissions that ultimately hurt their cases unknowingly. When you hire an attorney for your case, they can step in and take the lead in dealing with an insurance company, so you do not have to worry about saying anything to them.
After a lawyer has investigated a case, they can usually calculate the damages a person will be entitled to and then draft a demand letter to send to an insurance company. Most insurers ignore demand letters, although some may counter with their own settlement offers.
An attorney can spend several months negotiating a settlement with an insurance company. When an insurer is unwilling to provide appropriate compensation, then your Stockton car accident lawyers may have to file a lawsuit to take the case to court.
Insurance companies are generally opposed to the idea of paying to take a case to trial, so most moves to take cases to court only lead to more aggressive settlement negotiations. You should know that a settlement is the most likely outcome of your car accident case, but there are still some cases that do actually end up making it all the way to trial.
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 People Can Do to Strengthen Car Accident Cases
- Follow the doctor’s orders. You need to know that an insurance company is going to find a way to access your medical records, and an insurer is very likely to hold it against you if you violate your treating physician’s orders.
- Never speak to an insurer. When an insurance company contacts you, you will always be better off refusing to speak to them and instead deferring to your Stockton car accident lawyers.
- Stay off social media. Although many regularly use various social media websites, you need to understand that social media will also be one of the first things that insurance companies look at because people who make statements about their accidents can have their words held against them. People can see their compensation dramatically reduced while seeking damages for injuries when their posts to social media websites indicate that their injuries are not affecting their lives.
- Track your damages. It is always important for a person to keep track of all costs they are facing relating to their accident.
- Keep a journal. People are strongly encouraged to take time every day to write down their thoughts about their accidents because many of our memories fade, so writing down important details can prove invaluable later on.
Statute of Limitations for Stockton Car Accident Lawsuits
People do not have unlimited time to take legal action following a car accident. The time limit for legal claims is known as the statute of limitations, and 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 will dismiss cases filed after the deadline has passed, and people will be powerless to recover anything 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, then they will have two years to file from the date they turn 18 years of age. When 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 involving a statute of limitations issue is when a person dies within six months of the end of the statute of limitations, as another party can continue with an action. When a person is in prison, the statute of limitations will toll until their release or for two years, whichever is sooner.
People performing military services can also have their statutes of limitations tolled. Another important exception to the traditional statute of limitations involves claims against governmental entities, as these claims often need to be filed within six months, and some agencies in California can have even shorter timeframes.
Call Us Today to Speak with Dedicated Stockton Car Accident Lawyers
Arash Khorsandi, Esq. and his team of car accident lawyers at Arash Law have recovered more than $500 Million for our clients. You should know that you will not have to pay us anything to handle your case because we represent every single person on a contingency fee basis. A contingency fee basis means that we only take a predetermined percentage of your settlement or jury award, and we do not get paid if you do not recover anything.