Fontana Car Accident Lawyers
Car accidents in Fontana, CA can be traumatic experiences. If you’ve suffered an accident, the consequences may leave you unable to comfortably recover and overwhelmed with medical bills, repair expenses, or having to deal with uncooperative insurance companies.
But an experienced lawyer can change that. With legal representation, you can focus on recovering and returning to your life.
Meanwhile, your lawyers will work tirelessly to ensure that you get compensated for the injuries, damages, and suffering that the accident has caused. Whether by negotiating with insurance companies or suing the responsible parties, having a car accident lawyer will significantly improve your case in Fontana.
What To Do If You’ve Been Involved In A Car Accident In Fontana
But first, your actions immediately after a car accident in Fontana are vital, so here’s what you must do:
Ensure Safety
To do this, stop your car and check whether you, your passengers, or any other person has sustained injuries from the accident. If there are no injuries and you can still move your car, drive it to the nearest and safest place to park to avoid blocking traffic.
But if someone has died or been injured, you must remain on the scene and turn on your hazard lights to alert others and prevent further accidents. Then you must call 9-1-1, no matter how minor the injury may appear.
Document the accident and Gather Eyewitness accounts
Document as much evidence as you can from the accident scene by taking pictures of the damage to your car, the other car, and the scene. If you have sustained injuries that are immediately visible after the accident, you should also take pictures of them.
Talk to eye witnesses to see who will be willing to give a signed statement detailing what they saw and get their contact information. If they are willing to give a recorded or signed statement on the spot, get it.
File a Police Report
If the police did not investigate your accident, and it resulted in injury or death, you must file a report with the Fontana Police Department within 24 hours according to California’s Cal. Veh. Code § 20008.
You can file a police report by visiting the Department or following the instructions on this page if you’d prefer to make your report online. This step is very important because police reports provide essential evidence that courts and claim adjusters will eventually consider.
After the police have investigated your accident, you can obtain their official report in person, by mail, or online after paying an $18 fee. Steps on how to get a copy of police reports through any of the methods can be found here.
Note that you will also have to file a report with the DMV if the accident results in death, injury, or property damage exceeding $1,000.
Notify your insurer
Promptly inform your insurer about the accident. Be factual and provide them with the details of the accident, but also be cautious to avoid saying anything that may be used against you later.
Get a lawyer
To ensure the insurance company doesn’t pay less than your claim is worth, you should seek legal representation as soon as possible.
What To Do If You’re Hit By a Drunk Driver in Fontana?
If a drunk driver hits you in Fontana, you should immediately call 9-1-1. Driving under the influence of alcohol or drugs is an offense according to Cal Veh. Code § 23152, and the drunk driver will likely be arrested.
If you’ve been injured or suffered property damage because of the accident, you may be able to recover compensation from the drunk driver’s insurer.
Where insurance compensation is proving difficult to obtain, you can institute a civil action against the driver whether there is a criminal charge against them or not.
In a lawsuit, it may be possible to recover punitive damages against a drunk driver. This is more likely when the injuries sustained are severe.
To recover punitive damages, Cal. Civ. Code § 3294 states that you must prove that the at-fault driver was guilty of oppression, fraud or malice. In this context, malice will be any action intended to cause injury or done with disregard for the safety and rights of others.
It therefore suffices that the other party, knowing fully well that they must operate a motor vehicle thereafter, voluntarily consumes alcoholic beverages and/or drugs to the point of intoxication as established in Taylor v. Superior Court (1979) 24 Cal.3d 890.
How Can A Car Accident Lawyer in Fontana Help?
Here are some of the reasons you should consider hiring a qualified Fofana car accident attorney:
Legal Expertise
A local car accident lawyer well-versed in California’s laws and regulations can employ those laws to secure your compensation.
These lawyers also understand how local procedural technicalities may affect your case. To illustrate, under Cal. Civ. Pro. Code § 335.1, you must bring any personal injury lawsuit within two years from the date of the occurrence.
Without their expertise, you may lose your claim or be unfairly compensated due to technicalities.
Negotiating maximum compensation
Insurance companies rarely pay out the full worth of accident claims immediately. They are more likely to attempt to settle your claim for an amount that causes them the least financial loss.
Since most car accident victims do not understand how much they should get as compensation, insurance companies take advantage of that to devalue claims.
When an experienced Fontana car accident attorney negotiates on your behalf, they are already familiar with all the tricks of these companies, and can counter them. They are also not personally attached to the case, and that allows them to maintain objectivity when considering offers.
Evidence collection
Accident cases are often determined by the quality of evidence you can produce to support your claim. And while brief online research may inform you of the basic documents you’ll need, a skilled lawyer will critically analyse your case to determine what unique evidence will best support your claim.
Litigation
Litigation is rare, and is only the last resort after insurance negotiations are unsuccessful. In court, your Fontana car accident attorney will represent you and make logical legal arguments for why you deserve the maximum compensation, relying on the evidence gathered during the investigation.
How Much Is My Fontana Car Accident Claim Worth?
It might be difficult to estimate the worth of your Fontana car accident claim. This is because each accident is unique and determining the monetary value of a claim could be a complex process that involves several factors including
Liability and Negligence: Your claim will be reduced in proportion to your responsibility for the accident. Therefore, the possibly unique facts of your accident must first be evaluated to determine fault and negligence.
Medical expenses: Another major factor in determining the worth of your claim is the amount spent to treat injuries. This will include expenses already incurred, ongoing ones and future treatments or procedures.
Lost income and earning abilities: If while recovering from the injuries suffered in the accident, you lost the ability to go to work and make a living, it will be considered. if you also lose, say a limb, that affects your ability to earn going forward, it will also be factored into your claim.
Pain and Suffering: These are non-economic damages that you may also be entitled to. Although calculating these types of damages pose significant challenges due to their subjective nature, they often include compensation for the physical pain, emotional trauma, loss of enjoyment of life, scarring, etc.
Property Damage: Another factor to be considered is the cost of repairing or replacing your car and any personal property damaged in the accident.
To speak to a Fontana car accident lawyer who will be able to tell you exactly what your claim is worth, tell us about your accident and we’ll connect you to a lawyer that’s right for you.
Contact the Accident Helpers Today
If you or someone you know has recently been in a car accident, don’t battle the aftermath alone - reach out to us today.
At The Accident Helpers, we provide you with unfettered access to the best Fontana car accident lawyers who have won remarkable settlements for their clients in the past and will be willing to do the same for you.
