Oakland Rear-End Accident Lawyer

Rear-end accidents are not uncommon, but they do present challenges that most people fail to anticipate. Contrary to popular belief, fault is not automatically assigned to the rear driver, and even if fault is clear, insurance carriers are not going to make the payout process easy. If you or a loved one have been harmed in a rear-end accident, we encourage you to speak with an experienced car accident lawyer in Oakland as soon as possible. You may be able to recover compensation, but you need to act quickly.

What Should You Do Immediately After Being Involved in a Rear-End Car Accident in Oakland?

The moments immediately following a rear-end car accident can be chaotic and stressful, but taking the right steps can protect your health and your legal rights. Here is what you should do:

  • Ensure safety. First, check if you or any passengers are injured. Move to a safe location if possible, but do not leave the scene of the accident.
  • Call 911. Report the accident to the police and request medical assistance if anyone is injured. The police report will be important for processing your insurance claim and any potential legal action.
  • Exchange information. Get the contact and insurance information of the other driver involved. Also, collect contact details of any witnesses.
  • Document the scene. Take photos (using your phone or another camera available) of the accident scene, vehicle damage, and any visible injuries. This evidence will be important for your claim.
  • Seek medical attention. Even if you do not feel injured, it is essential to see a doctor as soon as possible. Some injuries may not be immediately apparent.
  • Notify your insurance company. Report the accident to your personal insurance provider on the day of the incident if you can, but be cautious about what you say. Stick to the facts and avoid admitting fault.
  • Contact an Oakland car accident attorney. An experienced Oakland rear-end accident lawyer can guide you through the process, protect your rights, and help you pursue compensation.

How is Fault Determined in a Rear-End Car Accident in Oakland?

In rear-end collisions, fault is often presumed to lie with the rear driver. However, this is not always the case. Various factors are considered to determine fault:

  • Traffic laws. California Vehicle Code Section 21703 requires drivers to follow other vehicles at a safe distance. Violating this law can indicate fault.
  • Driving behavior. If the front driver suddenly stops without reason, fails to signal, or has non-functioning brake lights, they may share the fault.
  • Weather and road conditions. Adverse weather or poor road conditions can also play a role in determining fault.
  • Vehicle maintenance. Fault may be attributed if either vehicle involved had maintenance issues, like faulty brakes or worn tires.

Determining fault requires a thorough investigation, which can include reviewing traffic camera footage, police reports, and witness statements. An Oakland rear-end accident lawyer can help gather and analyze this evidence.

What is Comparative Negligence?

California follows a pure comparative negligence system, which means that more than one party can be at fault for an accident. Under this rule, each party’s degree of fault is assessed, and compensation is adjusted accordingly. In this state, individuals can receive compensation even if they are up to 99% at-fault.

For example, if you are found to be 20% at fault for a rear-end accident because you suddenly stopped without signaling, your compensation would be reduced by 20%. If your total damages amount to $10,000, you would receive $8,000 after the reduction.

Comparative negligence ensures that each party pays their fair share of the damages based on their level of fault. This rule can certainly alter the outcome of your claim, making it essential to have a knowledgeable lawyer to advocate for you.

How Can You Prevent Rear-End Car Accidents While Driving in Oakland?

Preventing rear-end collisions requires vigilance and adherence to safe driving practices. Here are some tips to help you stay safe on the road:

  • Maintain a safe following distance. Always keep a safe distance from the vehicle in front of you. The general rule is to follow the “three-second rule,” but increase this distance in adverse weather or heavy traffic.
  • Stay alert. Avoid distractions like texting, eating, or adjusting the radio while driving. Stay focused on the road and be aware of your surroundings.
  • Use turn signals. Signal well in advance before making a turn or changing lanes to give other drivers ample notice of your intentions.
  • Adjust to road conditions. Slow down and drive cautiously in poor weather, heavy traffic, or construction zones.
  • Keep your vehicle maintained. Regularly check and maintain your brakes, tires, lights, and other critical systems to ensure your vehicle is in good working order.

Why You Should Contact a Lawyer

Rear-end accident claims can be complex, involving multiple factors and parties. An experienced Oakland rear-end accident lawyer can advocate for your best interests.

Why You Need a Lawyer

  • Investigation. A lawyer can conduct a thorough investigation to gather evidence, determine fault, and build a strong case.
  • Negotiation. Lawyers can negotiate with every insurance carrier involved on your behalf to seek a fair settlement.
  • Representation. If your case goes to court, having a lawyer ensures you have professional representation to fight for your rights.

Tragedies Happen Too Often in Oakland

In just eight days, five people tragically died in traffic accidents on Oakland’s roads, highlighting the city’s severe road safety issues. Most victims were pedestrians hit by speeding drivers in areas known for long-standing infrastructure problems, such as high-injury corridors. Notably, several incidents involved stolen vehicles and reckless driving. The Oakland Police Department has identified speeding as a common factor in these fatalities and has increased traffic enforcement in high-risk areas. Residents and safety advocates are calling for urgent measures to address these dangerous conditions and prevent further loss of life.

Seeking Compensation

A lawyer can help you pursue compensation for:

  • Medical expenses. Covering hospital costs, doctor’s office visits, ongoing treatment, and rehabilitation.
  • Lost wages. Compensating for time missed from work due to injuries.
  • Pain and suffering. Addressing the physical and emotional impact of the accident.

Contacting an Oakland rear-end accident lawyer as soon as possible after an accident is crucial. They can help protect your rights, navigate the legal process, and work towards securing the compensation you deserve.