The roadways in and around Modesto can be crowded, and car accidents are not uncommon. Unfortunately, this can lead to significant injuries for those involved. At Walkup, Melodia, Kelly & Schoenberger, we are here to help when you need a Modesto car accident attorney. If another driver caused your accident, we will seek maximum compensation on your behalf.
Why choose Walkup, Melodia, Kelly & Schoenberger?
After sustaining a serious injury in a car accident, you need help from an attorney with extensive experience handling aggressive insurance carriers.
- We have been helping Modesto car accident victims for more than 60 years and have secured a record number of multi-million dollar settlements on behalf of injured clients.
- We understand how insurance carriers operate in these situations, and we are not afraid to take a case to trial if necessary.
- We have the resources necessary to conduct a full investigation into your case to determine liability.
We know that injury victims in these cases may lack the resources to pay for an attorney up front, which is why we take Modesto car accident cases on a contingency fee basis. This means that our clients pay no legal fees until after we secure the compensation they deserve.
Why do you need an attorney for a Modesto car accident case?
A Modesto personal injury attorney is going to be an invaluable resource in the aftermath of a Modesto car accident. Most car accident victims will not have the resources or legal experience necessary to conduct a complete investigation into the incident that caused them harm. However, an attorney is going to be able to:
- Conduct a complete investigation to obtain the evidence needed to prove liability. This includes gathering any video or photo surveillance from the accident scene, speaking with eyewitnesses, analyzing accident reports, and more.
- Ensure their client is evaluated by a medical professional who will ensure their well-being while also helping to calculate total expected expenses.
- Negotiate with every party involved to obtain a fair settlement for the client or prepare the case to go to a full trial if necessary.
Modesto car accidents can cause severe injuries
While many car accident injuries are relatively minor, that does not mean that they do not cause significant medical expenses. According to the California Office of Traffic Safety, statistics show that there were over 272,000 total traffic collision injuries during the latest reporting year across the state. In Modesto, the car accident attorneys at Walkup, Melodia, Kelly & Schoenberger regularly help clients who have sustained the following:
- Whiplash injuries
- Broken and dislocated bones
- Severe lacerations or puncture wounds
- Amputation injuries
- Traumatic brain injuries and open head wounds
- Spinal cord trauma
- Emotional and psychological injuries
Causes of Modesto car accidents
While there are numerous causes of car accidents in the Modesto area, these incidents often occur due to the negligence of other drivers. Our attorneys regularly help clients who have been injured due to another driver’s:
- Distracted driving
- Impaired driving
- Failure to follow traffic laws (speeding, failure to yield, failure to stop, etc.)
- Other reckless or negligent driving activities
Can you file a lawsuit in these cases?
If the insurance carrier fails to offer a fair settlement or denies a claim, it may be necessary to file a lawsuit to recover compensation. Per the California Office of Traffic Safety, victims in these cases have two years from the date the incident occurs to file a claim against an alleged negligent party.
At Walkup, Melodia, Kelly & Schoenberger, our Modesto car accident attorneys want to mention that a car accident insurance claim is not the same thing as a car accident lawsuit. The first step in these cases will generally be a claim against the at-fault driver’s insurance carrier. If the insurance carrier refuses to offer a fair settlement or denies a claim, then a personal injury lawsuit may be necessary. The California car insurance minimums are as follows:
- Bodily injury liability coverage: $15,000 per person / $30,000 per accident minimum
- Property damage liability coverage: $5,000 minimum
An accident does not have to be particularly severe for these minimums to be reached, and a Modesto car accident lawyer will help determine whether or not a lawsuit should be filed to recover fair compensation.
Types of compensation available
If you or a loved one have been injured due to the careless or negligent actions of another driver, you may be entitled to various types of compensation for your case. At Walkup, Melodia, Kelly & Schoenberger, we have a track record of success securing millions in compensation for clients in these cases, including a $3 million settlement for a crash caused by highway defects and a $4.5 million settlement for a child who sustained a brain injury in a car accident.
What if you are partially at fault for the car accident?
At Walkup, Melodia, Kelly & Schoenberger, our clients often believe that they cannot recover any compensation if they were at fault for the incident in any way. Fortunately, California operates under a “pure comparative negligence” system. This means that an accident victim can recover compensation even if they are partially at fault for the incident (up to 99% at fault). However, the total amount of compensation awarded will be reduced based on the percentage of responsibility the victim has in the incident. The following scenario may help you understand how this works.
Suppose a car accident victim is injured when somebody rear-ends them. In general, any driver who rear-ends somebody is going to be liable for the damages and injuries they cause. However, what if the brake lights of the driver who was rear-ended were not functioning properly? The alleged at-fault party could argue that the malfunctioning brake lights contributed to their slamming into the back of the vehicle.
In the end, a jury will weigh all of the evidence presented to them. In this case, a jury may decide that the driver that rear-ended the other vehicle is 80% at fault for the incident. The jury may assign 20% of the blame on the other driver because of the malfunctioning brake lights. If a jury awards $100,000 in damages to the victim who was rear-ended, they would receive $80,000 after their portion of the responsibility subtracted from the total.
We will investigate your case and work to obtain coverage of your medical bills, lost income and benefits, property damage, pain and suffering damages, and more. When you need a Modesto car accident attorney, you can contact us for a free consultation of your case by clicking here or calling (415) 981-7210.