Best Car Accident Lawyers in Milpitas

FAQs

• What is the non-emergency contact number for the local police station in Milpitas, California?

  The non-emergency number for the Milpitas Police Department is (408) 586-2400.

• Where can I get a copy of police reports for incidents related to my case in Milpitas, California?

  Milpitas accident police reports can be obtained by visiting the Police Records Division of the Milpitas Police Department at 1275 N. Milpitas Boulevard. You can contact them via (408) 586-2400.

• What are the common causes of car accidents in Milpitas?

  The majority of car accidents in Milpitas are caused by drivers who fail to obey traffic laws. Some driver behaviors that lead to car accidents in the metro include:

  • Speeding
  • Running red lights or stop signs
  • Sudden lane changes
  • Following too close
  • Distracted driving
  • Inattentive driving
  • Impaired driving
  • Aggressive driving

• Should an injured victim hire a Milpitas car accident lawyer?

  Yes, those involved in car accidents in Milpitas should speak to an attorney as soon as possible to build a case and maximize the compensation they could receive. Their lawyers can help investigate their case and collect evidence for settlements and/or trials.

• What should you do after a car accident in Milpitas?

  If you are involved in a car accident in Milpitas, check for injuries and contact a car accident lawyer to handle your claim. Make sure to seek medical care immediately and take pictures of the involved vehicles and their damage. Take note of the entire accident scene, including details on the tire marks on the road, traffic control devices, the weather, and nearby speed limit signs.

• Can a person partially at fault for a Milpitas car accident still pursue compensation for their sustained injuries?

  Milpitas follows the laws of California, which observes the comparative fault rule. If a party in a car accident has been found to be liable—even if their part in the collision is significant—they are still entitled to compensation. In fact, even if they are 99% at fault for the accident, they can still recover damages.

• What should you do if you were hit by an uninsured driver in a car accident in Milpitas?

  If you have figured in a car accident in Milpitas and the at-fault party is an uninsured driver, you may still be able to pursue claims from your insurance provider to cover your actual damages that can be measured in dollars.

• How do I choose a car accident lawyer?

  To select a car accident lawyer, consider the lawyer's experience, focus, and reputation. While nearly any attorney can negotiate with insurers for a settlement, not all attorneys have amassed experience litigating a claim in a court of law. Choose an attorney with a background that includes car accident claimants; it's helpful if the attorney is focused on personal injury law. Lastly, read reviews from previous clients to get a feel for the attorney's helpfulness and responsiveness to clients. The best lawyer for your case is one that you feel comfortable and confident working with.

• What steps should I take after a car accident?

  Immediately following a car accident, get out of traffic as soon as possible and dial 9-1-1. Exchange car insurance information with any other involved drivers and get a police report as soon as possible. Be truthful about what happened, even if you are at fault, but stick to reporting the facts of the accident without offering an opinion on who is to blame. If possible, take photos of your car, other cars at the scene, and the scene itself.

• (When) Do I need a lawyer after a car accident?

  Start working with a car accident lawyer as soon as possible following your car accident (some attorneys even make hospital visits). By reaching out for legal help early on, you avoid some of the pitfalls of trying to handle your claim on your own. Your attorney can also get the ball rolling on reimbursement for your medical bills and lost wages while awaiting the outcome of your claim.

• How long after a car accident can you claim an injury?

  The length of time you can file a claim for an injury following a car accident is governed by the statute of limitations in your state. Although it varies, most states set the statute of limitations for injured parties to seek compensatory damages at three years following the accident or three years after you discover your injuries. In cases where children are injured, the statute of limitations may be longer.

• What do I do after a car accident that I'm not responsible for?

  After an accident that's not your fault, seek immediate medical help if you are injured. Once it's safe to do so, obtain the other driver's contact and insurance information, any statements from witnesses, and photos of the scene. Obtain a police report and contact your insurer and the at-fault party's insurer. If you are injured, schedule a consultation with a car accident attorney to discuss your legal options.

• What happens if someone sues you after a car accident?

  If you have car insurance in force at the time of the accident, your insurance is contractually bound to represent you on any claims that arise, indemnifying you against loss up to the limits of your policy. You can help your insurance company by cooperating fully. If the plaintiff in any lawsuit obtains a judgment above your policy limits, then you can be held personally responsible for any damages awarded.

• What/how much can I expect from a car accident settlement?

  According to the Insurance Information Institute, the average bodily injury claim in 2018 was $15,785. The amount of any particular car accident settlement hinges primarily on the severity of the injuries sustained as a result and whether or not any partial or total permanent disability was caused by the accident. Claims that involve broken bones or nerve damage likely settle for more than claims where soft tissue injuries are present.

• How do I arrange a rental car after an accident?

  To arrange a rental car after an accident, first consider whether your insurance or the other party's insurance will be paying for the rental. If another driver is found to be at-fault for the accident, that driver's insurance may pay the costs. If you are responsible, your insurance may pay if your policy covers such expenses. Speak with your insurance adjuster to determine if you have benefits available.

• How long does it take for car insurance to go back down after an accident?

  Post-accident rate spikes can last anywhere from three to five years, depending on your insurer. However, if damages incurred during the accident are less than $2,000, your rate may not go up at all. Three years is typical for collision and property damage claims. Five years is not uncommon in accidents involving bodily injury claims, DUI or DWI, reckless driving, or serious violations at the time of the accident.

• How to settle a car accident claim without a lawyer?

  To negotiate a car accident settlement without a lawyer, you'll have to prove that the other party was to blame for your damages. Gather evidence at the scene to support your claim, including witness statements and photos. Seek medical treatment for your injuries immediately. Notify the other driver's insurer of your intent to file a claim. If you reside in a no-fault state, you will need to use your personal injury protection (PIP) benefits first before filing a claim against the other party for medical expenses and bodily injury. Be prepared with medical records, police reports, receipts for out-of-pocket accident-related costs, and proof of lost income due to the accident before beginning negotiations.