Car Accident FAQ

Answers from Our San Jose Car Accident Attorneys

Among the negligence of other motorists, defective vehicle parts, roadway hazards, and inclement weather, the average driver is faced with constant danger on the road. In fact, the Fatality Analysis Reporting System (FARS) calculates nearly 40,000 fatal car accidents in the United States each year. In order to help avoid dangerous traffic collisions, it helps to know more about them, their causes, and what to do if you get caught in one.

Our San Jose personal injury lawyers from Caputo & Van Der Walde LLC have compiled a helpful list of car accident FAQs. Please feel free to review this list to gain some useful knowledge. If you have more questions or want to file a car accident claim with the guidance and representation of a highly-experienced legal team, call 800.900.0863 or fill out an online contact form today.

Frequently Asked Questions About Car Accidents

After a car crash, what information should I get from the scene?
You should try to collect as much information and evidence as possible without jeopardizing your health. Get the names and addresses of pedestrians, passengers, and drivers of all vehicles involved in the collision. If the driver or a passenger appears to be on drugs or intoxicated, tell the emergency responders and law enforcement. If witnesses offer statements, write down their comments and contact information. Also, take plenty of photographs – not just of the accident scene, but also of the damage to your vehicle and of any injuries.

Should I listen for any particular statements from other parties in the crash?
Yes, you should keep an ear open for the other driver saying anything that could be an admission of guilt. Apologies are usually taken by insurance companies as them admitting that they caused the crash. Record what you hear. On the same vein, do not apologize, say you are sorry, or mention that you were not paying attention.

Do I need to call law enforcement after a car accident?
California requires that at least one person call the police after a serious car accident. Even in minor "fender benders," it can be helpful to have law enforcement show up to write out a report, check to see if anyone is intoxicated, and redirect traffic away from the crash site. Sometimes the best evidence you have for your claim is the word of a police officer.

Who is liable for my damages and injuries?
While it is easy to blame the other driver for all of your damages, the reality is that multiple parties, many of whom were not even there for the crash, could be held liable. For instance, imagine a case in which a driver’s brakes fail and he plows into another vehicle in an intersection. The driver in this example would probably be partially liable for not steering his vehicle away from others, but the auto part manufacturer that made the brakes could be mostly liable. You need to know all liable parties if you want your claim to be successful and your recovery to be maximized.

Should I see my doctor soon after a crash?
You need to know the true extent of your injuries after being in a car accident if you want to seek compensation for the correct amount. Schedule an appointment with a trusted physician as soon as possible to make certain there are no underlying issues you do not feel yet. Not only will this help you heal and stay healthy but it also reduces your liability for any injuries that become noticeable later.

If an insurance company contacts me, what should I say?
After a car accident, the insurance company of the other party will want to talk to you. They might seem friendly but they are really trying to get you to admit guilt. Rather than talking to them yourself, you can retain a personal injury lawyer and direct all calls to them. This will greatly reduce your chances of inadvertently saying the wrong thing to the insurance caller.

How can I get quality legal help with my car accident case?
Connect with our skilled and experienced San Jose car accident attorneys at Caputo & Van Der Walde LLP for help with your car accident case. Call us at (800) 900-0863 now to schedule your free case evaluation today!

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