Car accidents can cause severe injuries and major damage to your vehicle. You could be left with astronomical medical bills to pay. Without your car, you could risk losing your job. All of this is made even worse when someone else is to blame for the crash.
At the Law Office of Joshua Moody, we understand that you are hurting and overwhelmed as you try to decide what to do next. Our team stands ready to provide expert legal guidance from a top-notch Hesperia car accident lawyer. We take the burden off your shoulders, so you do not have to face the insurance companies alone. You can learn more about your options with a free initial consultation when you contact us today.
Our Team Can Strengthen Your Car Accident Claim
When you are in a wreck, there are many factors to consider. California is an at-fault state, so you will need to file a claim with the insurance policy of the person who hit you. If you were the only vehicle involved, but the accident is not your fault, you will need to determine who else is to blame and how to proceed. Doing all this on top of recovering from your injuries is challenging and can be confusing.
The Hesperia car accident lawyers from our team will listen to your story with compassion and competence. We will assess your claim, explain your choices, and develop a strategy to help you obtain the maximum compensation available. All of our legal professionals are dedicated to making the process as painless for you as possible.
Determining Who Is at Fault
If you rear-end another driver, you will usually be considered at fault. However, if that driver did not have working taillights or cut you off in traffic, you likely can argue that they are to blame for the crash. If you fail to see a stop sign because a homeowner had not kept their landscaping trimmed away from the area, you could file against their insurance since they contributed to your crash.
Our car accident attorneys will examine every aspect of the situation to determine every party who could be responsible. Simply filing an insurance claim may not be enough when you suffer extensive injury or damage.
Our office has connections in Hesperia, CA, with a variety of experts in different fields. We can put you in contact with medical specialists to accurately diagnose and treat your injuries. We will provide you with a list of reputable auto repair shops that will fix your car quickly and give a fair estimate for the damages. We can even obtain a prognosis of future treatment you will require if you suffer a permanent disability.
This information is part of how we create your list of demands for the losses you have experienced. You deserve to be reimbursed for every penny the accident has cost you. Our Hesperia car accident lawyers will not rest until we know the full amount of compensation you deserve.
Negotiating With Insurance Companies
When your accident occurs, you must notify your insurance provider with the details, including the contact and insurance information of anyone else involved. You will file a claim against the at-fault driver’s policy for your settlement. However, insurance providers do not like paying claims and will use many sneaky tactics to lower what you receive.
They may claim you are at fault or that your injuries are not as severe as you say. They will make a low initial offer, hoping you will take it and close the claim. However, once you accept a settlement, you cannot ask for more later on. A car accident lawyer from Joshua Moody will push back against these attempts until we get the settlement you deserve.
Preparing Your Car Accident Claim for Court
Although our Hesperia car accident attorneys have a strong reputation for negotiating excellent insurance settlements, sometimes the insurance company will not cooperate. If they will not pay what is fair for you or if the policy does not provide enough coverage for your damages, it is time to go to court.
Our team will customize a solid strategy for your unique circumstances. We are skilled at arranging out-of-court settlements with the defendant’s attorneys to avoid the time and expense of a trial. Your car accident lawyer will ensure that your lawsuit is filed on time and everything is completed correctly.
California’s statute of limitations allows only two years after the date of the accident to file a claim in court. If you wait too long, you could lose the chance to seek compensation. The Law Office of Joshua Moody will not let you miss out on the opportunity to receive the justice you deserve.
How We Prove Negligence and Liability to Win Compensation
In California, whoever caused a crash is responsible for paying damages to the other parties involved. Even when the fault seems very clear, the burden is on you and your Hesperia car accident attorney to demonstrate that the other person is guilty of negligence. When you prove this, they can be found liable and made to compensate your losses.
There are four elements of negligence that your attorney must demonstrate in court:
- The defendant owed you a duty of care.
- The defendant failed to uphold that duty.
- You were injured and your property was damaged as a direct result of their failure.
- You incurred losses from the accident that must be repaid.
To demonstrate the liability of the defendant, our team will collect crucial evidence to support your claim of negligence and your damages. We will investigate all sources of documentation, including:
- Police reports
- Medical records and receipts
- Automotive repair estimates
- Photographs of:
- The accident scene
- Your injuries
- Your damage
- The weather
- The road conditions
- Video footage from dashcams, traffic cameras, and parking lot security cameras
- Statements from witnesses
- Expert testimony
- Cell phone records to show whether the driver was using their phone at the time
Our office will hire an independent accident reconstruction expert to analyze and report what happened and how. This can give a very strong foundation to your claim and force the defendant to settle out of court.
How Much Your Hesperia Car Accident Claim Could Be Worth
Even in a minor crash, you can suffer injuries that become more painful as time goes by. Whiplash and similar conditions may not appear right away, so it is vital that you seek medical attention for a full diagnosis. You should also keep every doctor’s appointment and follow their orders so you can heal as quickly as possible. This also supports your compensation claims for your settlement or trial.
If you are severely injured and even permanently disabled, your claim could be worth hundreds of thousands or millions of dollars. Loss of a limb, blindness, traumatic brain injury, or paralysis will dramatically affect your life going forward. The costs to treat these conditions and other catastrophic injuries can quickly pile up over the years. Each case is unique, and your attorney will help you understand the value of your claim.
California allows you to pursue economic damages (those with a fixed cost) and non-economic damages (more subjective items). Some specific examples include:
- Lost income while you cannot work
- Hospital costs, including ICU, ER, and surgery
- Ambulance or helicopter fees
- Prescription medications
- Travel expenses for your medical appointments
- Repair or replacement for personal property (clothing, luggage, computers, or cell phones)
- Automobile repair or replacement
- Renovations to your home if you are permanently disabled
- Loss of consortium with your partner or spouse
- Loss of enjoyment of life
- Pain and suffering
- Mental anguish
- Anxiety or depression
Our experienced Hesperia car accident attorneys are experts in creating a complete estimate of your losses to include past, present, and future costs. We know that you would not be suffering these damages if the accident had not happened. We are determined to seek the compensation you need to avoid financial distress from someone else’s negligence.
Common Types and Causes of Hesperia Car Accidents
You can be involved in a number of different kinds of crashes with many causes. A wreck can occur when a single car runs off the road because of debris on the highway, or it may happen when traffic conditions cause multiple vehicles to collide with one another. In all situations, it is likely that you will need help from a reputable car accident attorney to sort out the details of who is to blame.
Some common kinds of accidents around Hesperia include:
- Rear-end collisions: The most common type, these accidents occur when one vehicle strikes another from behind. Some can be “fender-benders,” but others can be fatal.
- T-bone collisions: The second most frequent accident after rear-end crashes, these commonly happen in intersections where the front of one car rams into the side of another.
- Head-on collisions: The rarest but most dangerous, these accidents involve the front of two vehicles hitting each other. This can be especially dangerous with large trucks.
- Rollover accidents: When a vehicle tips over onto its side or continues rolling onto its roof, passengers are subject to severe injuries. Top-heavy SUVs may be prone to this kind of crash.
All of these incidents can be made more catastrophic by other factors that often cause car accidents, such as:
- Driving while distracted by a cell phone or passengers
- Reckless driving
- Medical issues, including a stroke or heart attack while driving
- Disobeying traffic laws and signs
- Aggressive or emotional driving (“road rage”)
- Driving while fatigued or sleepy
- Driving under the influence of drugs or alcohol
- Rain, snow, ice, or other weather conditions
- Debris on the roadway
- Tire blowouts
- Faulty vehicle components or systems
Your Joshua Moody car accident attorneys will examine all the factors that contributed to your crash and how it happened. Our team will untangle the full story to present the facts to insurance companies and in court. We will protect your rights and fight for every opportunity to secure compensation from those at fault.
How Insurance Works in California
All drivers who are residents of California are required to carry liability insurance that will pay for damages when they cause an accident. Your first action is to file a claim against the insurance policy of the driver who hit you or contributed to the crash.
The minimum liability requirements in California are:
- $15,000 for the injury or death of a single person
- $30,000 for injury or death to more than one person
- $5,000 for property damage
In January 2025, the state will increase these minimums to $30,000/$60,000/$15,000. There will be another increase in 2035.
In some cases, the at-fault driver’s policy coverage may be too little to cover your damages. They may also be driving without any insurance coverage at all. In these situations, you may have few options. You can elect to carry Uninsured/Underinsured Motorist (UM/UIM) insurance to help in these cases, but you may still be left with large bills you cannot pay. This is when you may consider filing a personal injury lawsuit.
Speak With a Hesperia Car Accident Lawyer Now
A car accident can throw your world into turmoil. You are hurt, you may need a new car, and your livelihood can be threatened if you cannot work. You need guidance to ensure you and your family are protected during this difficult time. To avoid costly mistakes, you must speak with a Hesperia car accident lawyer as soon as possible.
The Law Office of Joshua Moody is standing by to take the burden off your shoulders while you recover from your injuries. We will help you every step of the way and protect your financial future. Our team will negotiate on your behalf for a fair and complete settlement or jury award so you can have the justice you deserve.
We will not rest until those at fault are held accountable for the harm they caused you and your family. Contact our office to schedule a free consultation to learn more about how we can help you today.