Fresno Car Accident Attorney 

The most common causes of car accidents are reckless driving behaviors such as committing traffic violations, driving under the influence of alcohol or drugs, or using a cell phone behind the wheel.

However, car accidents can also be caused by third-party negligence. For example, a collision can result because a road is not well-maintained or because a part of the vehicle is defective. In these cases, it’s possible for someone other than a driver to be held liable for collision damages.

Car accidents can be caused by:

• Distracted Driving: This is a leading cause of accidents and involves activities such as texting, talking on the phone, eating, or using in-car entertainment systems while driving.
• Speeding: Driving at speeds higher than the posted speed limits or too fast for road conditions increases the likelihood of accidents and makes the impact more severe.
• Drunk Driving: Driving under the influence of alcohol or drugs impairs a driver's abilities, leading to poor judgment, slower reaction times, and a higher risk of accidents.
• Reckless Driving: Aggressive driving behaviors, such as tailgating, weaving in and out of traffic, and disregarding traffic signals, can lead to accidents.
• Weather Conditions: Adverse weather conditions such as rain, snow, ice, fog, or strong winds can reduce visibility and road traction, increasing the risk of accidents.
• Running Red Lights or Stop Signs: Ignoring traffic signals and signs can lead to intersection collisions, which are often severe.
• Fatigue: Drowsy or tired drivers are more likely to make mistakes, have slower reaction times, and may even fall asleep at the wheel.
• Poor Road Conditions: Potholes, uneven surfaces, lack of proper signage, and poorly designed intersections contribute to accidents.
• Vehicle Defects: Mechanical failures, such as brake failure or tire blowouts, can lead to accidents. Regular maintenance and timely repairs are crucial to prevent such issues.
• Inexperienced Drivers: Novice drivers may lack the skills and experience needed to navigate complex traffic situations, increasing the likelihood of accidents.
• Tailgating: Following another vehicle too closely reduces the reaction time and increases the risk of rear-end collisions.
• Failure to Yield Right of Way: Ignoring the right-of-way rules at intersections or during merging can lead to collisions between vehicles.
• Failure to Signal: Failing to use turn signals or indicating lane changes can result in confusion among other drivers and increase the likelihood of accidents.
• Road Rage: Aggressive behaviors, such as tailgating and confrontations between drivers, can escalate into dangerous situations and accidents.

What to Do After a Car Accident

The time following the impact of a collision is frightening, confusing, and overwhelming. In these moments, it is important to remember to stay calm and focus on what will most help your eventual recovery. 

After a car accident, you should take these steps:

• Call first responders and get medical attention as soon as possible. Everyone should check for injuries and signs of shock. If there are apparent injuries, these individuals should be taken to the emergency room as soon as possible. If injuries are minor or not apparent at the moment, make sure you see a doctor as soon as possible. Regardless of whether there are injuries, call the police to the scene.
• Take pictures of the accident scene and make a note of contact information from the other driver and any witnesses. You can use your smartphone to document the scene of the accident, all injuries, and the vehicles. This will help protect evidence to build your case. These pictures should be from different distances and angles.
• File a police report. You will want to file a police report, even if the accident appears minor. This will prove essential for your case.
• Contact our Fresno car accident attorneys. You are likely wondering whether you even need an attorney. Work with an experienced car accident attorney to determine what damages you may be eligible to collect. Compensation can include medical bills, lost wages, loss of earning capacity, and a diminished quality of life.

Common Mistakes You Can Make After a Car Accident

Car accidents are sudden and often traumatic events that can leave you feeling shaken and disoriented. Amid the chaos and stress, it's easy to make mistakes that can have significant consequences for your health, finances, and legal standing. Here are a few you need to watch out for:

• Failing to Seek Medical Attention: One of the most critical mistakes you can make after a car accident is not seeking immediate medical attention. Even if you believe your injuries are minor or nonexistent, it's essential to get checked by a healthcare professional. Some injuries, such as internal bleeding or whiplash, may not manifest symptoms immediately but can worsen over time. Additionally, a medical record of your injuries is crucial for insurance claims and legal proceedings.
• Not Reporting the Accident: In some cases, individuals may decide not to report a car accident, especially if the damage appears to be minimal. However, failing to report the accident to the police can be a costly mistake. A police report provides an official record of the incident, which can be invaluable for insurance claims and establishing liability in case of legal disputes. Always contact law enforcement to document the accident, regardless of its severity.
• Neglecting to Gather Evidence: After a car accident, it's essential to gather as much evidence as possible. This includes taking photographs of the accident scene, vehicle damage, license plates, and the surrounding environment. Additionally, collect the contact information of all parties involved and any witnesses. This evidence can be crucial when dealing with insurance companies or pursuing a personal injury claim.
• Admitting Fault: Avoid admitting fault or apologizing at the scene of the accident, even if you believe you may have contributed to the collision. Determining fault is a complex process that should be left to the insurance companies and, if necessary, the courts. Making statements like “I'm sorry” or “It was my fault” can be used against you later when assessing liability.
• Not Exchanging Insurance Information: Failing to exchange insurance information with the other parties involved is a common mistake. Make sure to obtain the names, phone numbers, addresses, and insurance details of all drivers. This information is essential for processing insurance claims and resolving disputes.
• Neglecting to Notify Your Insurance Company: Promptly notify your insurance company about the accident, even if you believe the other party is at fault and will be responsible for covering the damages. Timely reporting is crucial, as many insurance policies have specific deadlines for filing claims. Failure to report the accident promptly may result in a denial of coverage.
• Settling Too Quickly: Insurance companies often try to settle claims quickly, offering a sum of money shortly after an accident. While this may seem tempting, it's crucial not to rush into a settlement. Some injuries may not fully manifest until weeks or months after the accident, and accepting a quick settlement may leave you with inadequate compensation for your medical bills and other damages. Consult with an attorney before accepting any offers from insurance companies to ensure you receive fair compensation.
• Not Consulting with an Attorney: Speaking of attorneys, not consulting with a personal injury attorney is another common mistake after a car accident. An experienced attorney can help you navigate the complex legal process, negotiate with insurance companies, and ensure you receive the compensation you deserve. They can also provide valuable advice on preserving evidence and protecting your rights.
• Overlooking Emotional Well-being: Car accidents can be emotionally traumatic events, and many people focus solely on their physical injuries and financial losses. However, it's essential to address your emotional well-being as well. Consider seeking counseling or therapy to cope with the psychological impact of the accident, such as anxiety, depression, or post-traumatic stress disorder (PTSD).
• Not Documenting Your Expenses: Keep thorough records of all expenses related to the accident, including medical bills, repair costs, rental car expenses, and lost wages. These records are essential for calculating your total damages and ensuring you are adequately compensated.
• Signing Documents Without Understanding Them: Insurance companies often ask accident victims to sign various documents, such as medical release forms and settlement agreements. Before signing anything, make sure you fully understand the terms and implications. It's advisable to have an attorney review any documents before you sign them to protect your rights and interests.
• Sharing Too Much on Social Media: In today's digital age, many people instinctively share their experiences on social media. However, posting about your car accident on platforms like Facebook or Instagram can be a mistake. Insurance companies and opposing legal teams may use your social media posts against you, so it's wise to refrain from discussing the accident online until your case is resolved.

How to Build a Car Accident Case

Following the immediate aftermath of a car accident, you will need to begin taking steps to build your case. Recovering compensation for collision damages involves negotiating with the at-fault driver’s insurance company.

You should have pictures of the accident scene, the other driver’s contact and insurance information, and a police report available to you. Beyond this initial evidence collection, you will need to continue gathering information about the collision and your injuries. This diligence on your part is essential to begin establishing your claim.

Saved medical records and bills will demonstrate how the collision impacted you physically and financially. Taking pictures of the progression of your injuries can also be helpful.

To recover additional evidence, our car accident lawyers in Fresno can assist you. This may include acquiring traffic camera footage, witness accounts, input from experts, and other items you may not be able to get on your own. We can also help compile these pieces of evidence into a strong case and recover the compensation you deserve.

Car Accident Laws in California

Car accidents are an unfortunate reality of modern life, and they can happen to anyone at any time. Whether you're a long-time California resident or just passing through, it's essential to understand the car accident laws in California to protect your rights and ensure a smooth resolution if you find yourself involved in a collision.

Fault-Based System

California follows a fault-based system when it comes to car accidents. This means that the party responsible for causing the accident is also responsible for covering the damages. Establishing fault is crucial in determining liability and compensation. To do this, evidence such as witness statements, police reports, and accident reconstruction may be used.

In no-fault states, each party's insurance covers their medical expenses and damages, regardless of who is at fault.

Mandatory Insurance Requirements

California law mandates that all drivers carry a minimum amount of auto insurance. This is intended to ensure that financial responsibility is in place to cover damages in the event of an accident. The minimum liability coverage requirements in California are:

• $15,000 for injury or death of one person
• $30,000 for injury or death of more than one person
• $5,000 for property damage

Driving without insurance can result in fines, license suspension, and other penalties. Additionally, uninsured and underinsured motorist coverage is strongly recommended to protect yourself in case you are involved in an accident with an uninsured or underinsured driver.

Comparative Negligence in California

California employs a comparative negligence system when determining compensation for car accidents. In cases where both parties share some level of fault, the compensation is adjusted accordingly. For instance, if you are found to be 20% at fault for an accident, your compensation will be reduced by 20%. However, if you are found to be 50% or more at fault, you may not be eligible for any compensation.

CA Statute of Limitations for Accidents

In California, there is a statute of limitations for filing a personal injury claim after a car accident. You generally have two years from the date of the accident to file a lawsuit. Failing to do so within this time frame may result in your claim being barred. However, it's essential to consult with an attorney to understand the specific deadlines that apply to your case, as some exceptions may extend or shorten the statute of limitations.

Reporting Requirements

After a car accident in California, it's crucial to report the incident to the appropriate authorities promptly. You are required to report an accident to the California Department of Motor Vehicles (DMV) within ten days if:

• There were injuries or fatalities.
• Property damage exceeded $1,000.

Failure to report an accident can lead to a suspension of your driver's license.

Compensation for Damages

If you are injured in a car accident due to someone else's negligence, you may be entitled to various types of compensation, including:

• Medical expenses
• Lost wages
• Property damage
• Pain and suffering
• Emotional distress
• Loss of consortium (loss of companionship or support)

To pursue compensation for these damages, it's advisable to consult with an experienced personal injury attorney who can help you navigate the legal process and maximize your recovery.

Hit and Run Accidents

In cases of hit-and-run accidents where the responsible party flees the scene, California law requires that you report the accident to law enforcement within 24 hours. If the at-fault driver is not identified or apprehended, you can still seek compensation through your insurance policy if you have uninsured motorist coverage.

Why You Should Hire an Auto Accident Lawyer After a Crash

The aftermath of a serious car accident can be extremely painful, emotionally overwhelming, and traumatic. If you have suffered a significant injury, it can be difficult to focus on the recovery process when you must deal with insurance companies or file a personal injury lawsuit against the at-fault driver. That is why it is important to hire an experienced auto accident lawyer to protect your rights and best interests throughout the legal process, while you make the best possible recovery from injury.

Though the thought of seeking legal assistance might be intimidating, the following are several benefits of hiring a car accident attorney immediately after a collision:

• Experience – A knowledgeable and skilled attorney understands the laws and procedures associated with car accidents and personal injury cases. Your lawyer can guide you through the complexities of the legal system, handle all the necessary paperwork, and ensure you meet all the deadlines.
• Crash investigation – On your behalf, your lawyer can thoroughly investigate the accident, gather and analyze evidence, hire accident reconstruction experts, and prove the other driver’s negligence.
• Negotiation with insurance companies – Although insurers appear to act in your best interests, they do not. Insurance adjusters are committed to saving their company money, which means getting you to agree to a low settlement claim. Your attorney can determine the exact value of your claim and protect you against “bad faith tactics” to help you recover your entitled settlement.
• Contingency fee basis – Auto accident lawyers often work on a “contingency fee basis,” which means you do not pay anything upfront until you win your case. So, you do not have to worry about having enough money to pay for an attorney. 

Fowler | Helsel | Vogt has significant experience handling claims arising from:

• Rear-End Collisions: Occurs when one vehicle hits the back of the vehicle in front of it. Common causes include tailgating, sudden stops, or distracted driving.
• Head-On Collisions: Involves the front ends of two vehicles colliding with each other. Often result in severe injuries or fatalities due to the force of impact.
• Side-Impact Collisions (T-Bone Accidents): Occurs when the front of one vehicle crashes into the side of another vehicle. Common at intersections when one driver fails to yield or runs a red light.
• Single Vehicle Accidents: Involves only one vehicle and can include collisions with objects like trees, poles, or barriers. Often caused by factors such as weather conditions, road hazards, or driver error.
• Multi-Vehicle Pileups: Involve multiple vehicles colliding in a chain reaction. Common on highways, especially during adverse weather conditions.
• Side-Swipe Accidents: Occurs when the sides of two parallel vehicles come into contact. Can happen during lane changes or when one vehicle drifts into another lane.
• Intersection Accidents: Occurs at intersections when two or more vehicles collide. Often due to failure to yield, running red lights, or misjudging the other driver's actions.
• Collisions with Pedestrians or Cyclists: Involves a vehicle striking a pedestrian or cyclist. Common in urban areas or areas with heavy foot or bike traffic.
• Backing-Up Accidents: Occurs when a vehicle in reverse collides with another vehicle, object, or pedestrian. Lack of visibility and failure to check blind spots are common causes.
• Rollover Accidents: Involves a vehicle overturning onto its side or roof. High-profile vehicles are more susceptible, and factors like speed and sharp turns contribute.
• Hit-and-Run Accidents: Occurs when a driver involved in an accident leaves the scene without providing identification or assistance. Can involve various types of collisions, and the fleeing driver may face legal consequences.
• Underinsured/Uninsured Motorist Accidents: Involves accidents where the at-fault driver either doesn't have insurance or has insufficient coverage. Victims may face challenges in recovering damages for medical expenses and property damage.

Our team is prepared to fight for your rights and work to maximize your financial recovery while maintaining a delicate understanding of your emotions. Our Fresno car accident attorneys have substantial experience in managing all aspects of personal injury cases, from the negotiation and analysis of insurance issues to the eventual litigation in court. We are also equipped to handle the complicated insurance matters that arise in Uber and Lyft accident cases.

Recovering Compensation for Your Injuries & Losses

We can help you recover damages for losses suffered as a result of the accident, such as:

• Property damage, including damage to your vehicle
• Pain and suffering
• Out-of-pocket expenses you have paid
• Emotional pain and distress
• Healthcare costs
• Disability and disfigurement
• Loss of income / ability to earn income
• Loss of consortium

When you need a lawyer who is dedicated to your case, choose our car accident attorney in Fresno, CA.

What are the car accident laws in California?

California follows a fault-based system for determining liability in car accidents. The party at fault for the accident is generally responsible for covering the damages. This can be determined through evidence, witness statements, and police reports.

The state is also a comparative negligence state, and fault and liability can be divided among multiple parties in a car accident. This means that if you were partially at fault for your injuries because you were not wearing a seat belt, the compensation you receive may be reduced by the percentage of fault assigned to you. For example, if your damages were $100,000 but you were found to be 25% at fault for not wearing a seat belt, your compensation may be reduced to $75,000.

In California, you are required to report an accident to the California Department of Motor Vehicles (DMV) if there is property damage exceeding $1,000 or if there are injuries or fatalities.

How long does it take to settle a car accident lawsuit?

The length of time it takes to settle a car accident lawsuit can vary widely depending on the specific circumstances of the case. Factors that can affect the timeline include the complexity of the case, the severity of the injuries, the amount of damages being sought, and the willingness of the parties to negotiate.

In some cases, a car accident lawsuit may be settled within a few months through negotiation or mediation. However, if the case goes to trial, it could take several years to reach a resolution. Insurance companies may also prolong the settlement process by disputing liability, questioning the extent of the injuries, or offering low settlement amounts. While the timeline for settling a car accident lawsuit can be unpredictable, it's usually in your best interest to be patient and allow your attorney to negotiate for the best possible outcome. Your attorney can advise you on the expected timeline based on the specifics of your case and keep you informed of any updates as they arise.

What if the other driver fled the scene of the accident?

Yes, you can receive compensation after a hit and run accident in California. California law requires all drivers to carry uninsured motorist coverage, which can provide compensation in the event of a hit and run accident. You should report the accident to the police, seek medical attention, contact your insurance company, and consult with a personal injury attorney who can help you navigate the claims process. The amount of compensation you receive will depend on the specifics of your case, and working with an experienced attorney can help ensure that you receive the maximum compensation available.