Rear-end car accidents happen all the time in a bustling town like Bakersfield. These wrecks are often caused by things such as distracted driving, following too closely, speeding, and mechanical failure. Their seriousness can vary, from harmless fender benders to more significant scenarios that result in injury and property damage.
Anyone who has been the victim of a rear-end car accident in Bakersfield should call an experienced car accident attorney from our firm for a free consultation. Our team can help to investigate your case to prove liability as well as argue your case in court or negotiate for a payout with the insurance companies. Valero Law Group’s experience and knowledge can help you receive the best possible outcome in your situation. Reach out today to learn more about how we can help.
California Laws Relating to Rear-End Accidents
Being familiar with the law is an important aspect of a successful claim for compensation. Often, with rear-end accidents in Bakersfield and throughout the state, proving liability for the wreck may not be as simple or straightforward as a motorist may think. One of the most effective routes of establishing liability is proving the at-fault motorist was in violation of a traffic law at the time of the collision.
An important law related to rear-end car accidents is California Vehicle Code Section 21703, which prohibits following too closely, or tailgating. A driver who is ticketed for tailgating will likely be held liable for any resulting accident. Another potentially applicable law is C.V.C. Section 22350, which forbids driving faster than what is reasonable or prudent based on road and traffic conditions. Driving too fast is a frequent cause of rear-end car accidents.
Additionally, C.V.C. prohibits making a U-turn unless it is safe to do so. An unsafe U-turn can easily lead to a rear-end car accident, typically by not providing enough time to recover speed, thus causing an oncoming car to collide with the turning car’s rear. Our seasoned attorneys can advise as to the full range of applicable laws.
Pure Comparative Negligence
California is a pure comparative negligence state, meaning that an injured person is allowed to recover damages even if they are partially or mostly at fault for an accident. Still, opposing counsel and defense representatives will want to shift blame onto the injured party to reduce their client’s or company’s overall liability. A trusted Bakersfield rear-end car accident lawyer knows how to manage these tactics to refute allegations of shared fault and maximize potential compensation.
Our team can also investigate the accident to prove liability, which is necessary for seeking a damages award. An investigation could be a laborious and complex process, involving reviewing video and photo evidence, scrutinizing the police report and witness statements, consulting with experts, recreating the accident, poring over medical records, and the like.
Damages Available After a Rear-End Wreck
In California, compensatory damages for car accident victims include economic as well as non-economic damages. Economic damages cover financial losses incurred as the result of an accident, such as medical expenses, rehabilitation costs, lost wages, and property damage. Non-economic damages include things such as pain and suffering, emotional distress, and loss of enjoyment of life. Non-economic damages are currently capped at $250,000.
There is no second chance once a judgment is rendered or a settlement is reached, so it is important to get the damages figure right. Our Bakersfield attorneys can help to provide an accurate valuation of a rear-end accident claim and argue for the appropriate damages in court, or in settlement negotiations with the involved insurers.
Call a Bakersfield Rear-End Car Accident Attorney Today
Being involved in any kind of motor vehicle accident can be incredibly frightening and stressful. When you sustain injuries and property damage, the last thing on your mind is dealing with complicated legal issues. Let our team take the lead in handling these things so you can focus on recovering. Reach out to Valero Law Group for guidance when you or a loved one is hurt in a rear-end car accident in Bakersfield. We are here to help.
