Car Accident Lawyer

Ensure Your Rights in a Motorcycle Accident

admin — Mon, 08 Feb 2010 02:26:49 +0000

Have you been in a motorcycle accident in Los Angeles? Regardless of whether it was a minor accident or a serious crash, a motorcycle accident lawyer is your best resource to ensure your rights. A good attorney can help sort out all the details in a motorcycle accident claim.

There are various causes for motorcycle accidents. When a car or truck pulls out in front of you at the last minute, your bike and the car can collide. Many times the driver just does not see you coming. That is no excuse though, He or she can still be held liable. You may have had to swerve to miss the car and then crashed into an oncoming car or hit a tree or stop sign or even a telephone pole. The driver of the car is still liable even if their car was not damaged.

There are rear end collisions also where the driver stops for some unknown reason and you crash into the back of their vehicle. Who is responsible for that one? Is it you because you were not paying attention? The experienced motorcycle accident lawyers in Los Angeles will know the answers to these questions. They are experts in California motorcycle riding laws.

U-Turn accidents happen frequently. Usually the car will do a u-turn in front of you and will not have even seen you. Again, who is responsible? The motorcyclist or the automobile driver? Debris on the road, trash thrown out the window or lose pavement can cause your bike to skid out from under you. Are you at fault for that? Is the city or the county? What if you are splitting lanes and a car door opens and knocks you off your bike.

The causes of motorcycle accidents are endless. The injuries caused by them can be endless too. The injuries can be a simple but painful road rash up to the end result, being death. If there is a passenger involved there are many questions that need to be answered for them too. Los Angeles and the Orange County in general suffer many motorcycle accidents.

Personal injury Lawyers and Motorcycle Accident lawyers are ready and able to help you receive just compensation for any accident you may have been involved in. Don’t hesitate to call if you need help understanding the law regarding motorcycle accidents.

By: Michael Ehline

Failure to Wear Seatbelts Prevents Car Accident Recoveries

admin — Sat, 06 Feb 2010 10:28:10 +0000

The Vehicle Code in the State of California requires all the drivers including their passengers to wear their respective seatbelts every time they travel. No one is exempted from such rule that aims to prevent or at least lessen the occurrence of serious and fatal injuries in case a car collision happens. All of those who will be caught violating this law will be subjected to an offense.

The California government believes that seatbelts indeed, save lives. This is the main reason why sufficient signs and billboards have been situated on our roads and highways, allowing the motorists to understand the value of seatbelts. Their slogan “Click it or Ticket” makes a lot of sense and creates a slight decrease in the number of injuries and fatalities caused by vehicular accidents.

In spite of this, traffic accident occurrences seem to be unstoppable. Thousands of people are still involved in various car mishaps everyday. Due to this, the victims in order to seek justice and recover suitable damages for their injuries or loss of a loved one are filing numerous car accident claims in courts.

Under the law, the failure to wear seatbelts in traveling may jeopardize or limit a victim’s right to recover damages from the liable party after a road collision. This is because the law believes that the victims might not have incurred much damage if only they were able to buckle-up.

The law maintains that whosoever individual who has been neglectful in exercising due prudence, which can brought about risks to other people, should be accountable for the harm that resulted. A person’s failure to wear seatbelt constitutes negligence on his part. Thus, this carelessness may be considered as a ground that forbids him to recover damages from the other party, no matter the degree of his fault in the accident.

Many defense lawyers utilize the same rationale especially if their clients accepted their fault in the accident. They thoroughly determine whether the plaintiff has committed any violation in order to nullify the case. If they were able to prove the comparative fault of the victims, the courts would most likely repeal the case filed against their clients.

Nonetheless, any personal injury action will have better probability of gaining a positive result if the plaintiff are assured that he has not been neglectful in exercising due care in his dealings – that he has not committed any offense.

By: Rainier Policarpio

Things to Remember Concerning Car Accident Claims

admin — Sat, 06 Feb 2010 03:32:33 +0000

Have you ever been involved in a car accident? It is important to keep in mind that 90% of car accident cases happen with a human factor. It means that in many cases, one or several of the parties involved in the accident have made a mistake that led to the occurrence of the accident.

Most type of accidents involving cars are collisions.

1. Rear end collisions – the driver who is in the car behind you is usually the one to blame

2. Side collision – typically, this kind of collision happens once another driver ignores traffic rules in crossroads and hits a car on the side.

3. Head on collision – the gravity and severity of damage is calculated by the overall speed of both cars involved. This kind of accidents occurs following bad take-over that is made riskily.

Embarking upon a car accident claim or any type of personal injury claim, for that matter is not all that easy or spontaneous. Before filing a claim, you have to make sure that all necessary and obvious factors are covered in your claim, as well as the hidden factors that could make or break your case.

Here are several of the most important things to have in mind if you are planning to file a car accident claim.

1. Requesting for a car accident claim can only be done if you have nothing, which could pinpoint the blame for the accident to you.

2. When you are sure that you are blameless in the course of the events that led to the accident, next thing to do is to find an expert car accident lawyer to assist you with the procedures of filing your claim.

Even as you have read instructions and several laws about it, do not even consider doing your claim by yourself. If the knowledge you have gained is still lacking, and you attempted to do your claim on your own, then it may be detrimental for your case.

It is even more advisable to find car accident specialists in a car accident law firm, wherein they would have various expertises in claiming for certain car accident scenarios.

3. It may be serious mistake to lay out all of your money and take it with the insurance company. If you fail to get assistance from a lawyer, chances are the other party’s insurance company would extend all its efforts to reduce the amount that you rightfully deserve, up to minimum.

Your lawyer would clear up issues like this, for you. He/she can tell you the specific amount of money that you could receive, what to do to achieve this, what are the things to and the proper way of saying it.

One major advice in dealing with car collision lawyers where you would be satisfied with the outcome is to retain a lawyer on a contingent fee basis. In this case, the no win no fee rule will be implemented and you would not be burdened with costs and expenses without being sure of the outcome.

This is important since if you were injured, your priority must be recuperating and not being bothered with more financial problems of supporting your case.

By: Carla C. Ballatan

Car Accident Injury Claims – What You Need to Know

admin — Fri, 05 Feb 2010 10:51:26 +0000

While you are on the road, you can never be sure everything will go as planned. Road accidents come when they are least expected. The effects of road accidents can also range from mild to disastrous. In the UK alone, car and road accidents claim many lives and affect thousands of people each year. What most people do not know is that they can make personal injury claims for car accidents. There have been many instances of road accidents that go unreported or unclaimed. Many simply let it pass without knowing of the possible claims that they could have made.

Personal injury can be classified under any kind of mental and physical injury caused by an accident. One of the common personal injuries usually sustained during road accidents is whiplash. Whiplash is the neck pain acquired following an injury. It usually damages the soft tissues of the neck including the ligaments, tendons and muscles. During a car accident, the neck is very prone to damage thus causing whiplash and other more serious medical conditions. Sustaining any kind of personal injury such as whiplash can really be painful. In most cases, such conditions also adversely affect one’s work, personal routine and lifestyle. In extreme cases, some even suffer from permanent disability.

When whiplash or other serious injury is sustained from road accidents, accident compensation claims can be made. The first thing to be done is to report it to local authorities. Reports and claims can be made stronger if details and supporting documents can be provided. If the road accident occurred in the past, the law allows the filing of car accident claims up to three years after the incident.

In filing a car accident claim, professional handling from a solicitor can be of great advantage. Personal injury claims solicitors can expertly present the claims and negotiate demands. In filing such personal injury or accident claim cases, information about the persons involved such as names, car registration, medical reports, medical and hospital bills, and even photographs, can help win the case and the demanded compensation. In looking for a personal injury solicitor, one must consider to look for those with in-depth experience in handling and winning such cases. These information and documents are needed to provide support for these claims. The reputation of the solicitor and his company also matter especially in making the negotiations.
In handling car accident claims, there are claims companies who operate using the “no win, no fee” service. This concept simply means that the claimant need not pay if the case is not won. This kind of deal between the solicitor and the claimant ensures protection and maximum advantage for the claimant.

A road accident injury claim can be compensated between 1000 to 25,000 pounds. The exact amount, however, depends on the extent of the injury, the duration of pain or disability, recovery period and the expenses incurred. The general effects of an injury to the claimant’s life are also considered.

Claiming for compensation in any personal injury case is seen as a civil right of all citizens. Car accident claims are fully recognized by law. Many solicitors are willing to handle such cases and assist claimants to get the rightful compensation for their injuries.

By: David Halbert

Bicycle Accidents In New York- Bicycle Vs Car, Who Wins?

admin — Fri, 05 Feb 2010 04:23:26 +0000

You think you know the answer, right? Bicycle versus car. Who wins? The car will win every single time. Why?

Because the car weighs thousands of pounds, is made of metal, steel, glass, and is surrounded by material to absorb an impact. A bicycle on the other hand weighs anywhere from 16 pounds for a superlight road-racing bike to 30-40 pounds for a mountain bike. The bicycle has no crash protection, no bumpers, no ability to absorb any impact. Just you and your thin bike to get you from one place to the other.

What safety devices do bicycles have?

(1) Reflectors

(2) Rear tail lights

(3) Sometimes a front headlight

(4) An experienced rider will often wear high-visibility clothing with reflective strips to give him or her better chances of visibility to cars and trucks. Many riders also wear blinking battery-operated bike lights- again to improve their chances of being seen by motorists.

What safety devices do cars have?

(1) Headlights

(2) Tail lights

(3) Anti-lock brakes

(4) Front and rear proximity sensors

(5) Airbags- head/ front/ side

(6) Thousands of pounds of metal, glass and an engine to encompass you

Often, motorists do not see bicyclists even with all the “safety devices” designed to improve their visibility.

Recently, I represented a man who was biking home from work at his job at a computer company. He was travelling on a busy roadway at rush hour, using the “bicycle lane” on the shoulder of the roadway. It was about 5:30 p.m. He was wearing a helmet, reflective bike shoes, and a highly visible biking jersey. The traffic going in his direction was in stop & go traffic, but on the shoulder lane he had clear sailing.

He was biking on a slight uphill doing about 10 miles per hour. A car travelling in the opposite direction decided it need to turn into a strip mall just about where my client was riding. Unfortunately for my client, the car made a very swift left turn, and because of the stopped car traffic adjacent to my client, never saw him as he accelerated toward the driveway to the strip mall. Who won? The car- as always.

Who lost? My client. His fancy road bike, the least of his problems, was totally destroyed. He suffered fractures, bruises, cuts and lacerations. An ambulance deposited him to the closest emergency room, where he underwent a battery of tests, including x-rays, CT scans, blood tests and an overnight stay at the hospital. The impact put him out of work for over a month, and he needed repeat visits to the orthopedist to follow his fractures and make sure they were healing properly. After the orthopedist gave the ok, he was told to start physical therapy to begin to use his arm and leg properly again.

My client lost his dignity that day. He lost the ability to continue his bike-ride home without interference from a car. His family was thrown into turmoil, rallying around dad in the emergency room. He had to explain to his boss why he couldn’t return to work for weeks. He had to explain to his friends why he couldn’t join them in their activities. He sat at home, useless to his wife, on the couch watching mindless television.

On the day I met my client for the first time, he had returned to work in a limited capacity, and at reduced hours. The most important thing he wanted to show me was not his scars and his cast. Rather, he wanted to show me his broken and destroyed bicycle that sat in a crumpled heap inside his car. As any bicyclist knows, a good bike is a trustworthy friend that gets you from point A to point B effortlessly. When that has been destroyed, it is devastating. However, as all things material, it can and will eventually be replaced. My client’s life was miraculously spared that day, and he will learn once again to walk, to run, to write, and yes, to bike.

The driver of the car, unfortunately, had a limited insurance policy, which nevertheless was quickly offered to settle the case.

Remember to always wear your helmet when you ride, and make yourself as visible as possible to the motorists around you. Never wear earphones to listen to your Ipod or MP3 player, as you will not be able to hear the traffic around you. Be smart, and enjoy your bike ride.

By: Gerry Oginski

A Glimpse on Car Accidents in California II

admin — Wed, 03 Feb 2010 08:04:21 +0000

Determining who is at Fault

The big issue to consider in any car accidents is the determination of who really is at fault in the incident. Predominantly, it is obvious that no person would directly accept his mistake particularly if both parties suffered an injury. In various occurrences, people give their judgment but fail to pinpoint the real violation made. This matter is very much complex for an individual without any legal background. Thus, both parties are eligible to consult their car accident lawyer to properly examine the case and clarify who is at fault.

Meanwhile, the following factors serve as the bases of courts in resolving a case of negligence pertaining to car accidents:

disregarding traffic warnings failure to use the appropriate signaling devices especially when making a turn driving beyond the speed limits ignoring the weather and traffic situation driving under the influence of drugs and other illegal substances driving after excessive drinking of liquor

Seeking Help

It is normal for any person who got into a road accident to seek the advice of his lawyer. The reasons for this are:

Car accident lawyers can make sure that you will fully understand your rights under the prevailing laws. Your legal counsel has the responsibility to explain all the aspects of your case. He should therefore guarantee that all your legal privileges are being protected and considered. In some occasions, car accident victims just settle for compensations that only cover their medical bills and vehicle repairs. This is clearly an indication that they do not know what the law entitles them to recover. Aside from the aforementioned reimbursements, the victims may also demand payment for their lost past and future wages, emotional distress, pain and suffering and many others that a credible lawyer may collect on your behalf. Car accident lawyers can guide you in entering into a negotiation. Litigation should not always be the way to resolve a case. There are other methods to obtain justice. It is a common practice for courts to oblige the opposing parties to engage in an “out of court” settlement process. The litigation process is extremely complicated and sometimes very costly. This is why it should be the last option in your case. “Alternative Dispute Resolution” procedures are, most of the time, better methods to resolve a case. Car accident lawyers can speed up your case. Commonly, many things should be considered in filing a car accident claim – preparing documents, gathering evidences, obtaining witness’ statements, among others. These tiring procedures may just waste your precious time and efforts. The expertise of an advocate may somehow lessen your burden of thinking about your case and focus more on your other important dealings. To add, you may have more time to rest with your family rather than to go to various offices to acquire the necessary documents. Besides, doing the filing alone will certainly make you prone to committing mistakes that will hider you from obtaining justice.

We have credible information regarding retaining a qualified California Car Accident Lawyer for your personal injury case in California focused in car accident issue

By: Rainier Policarpio

Four Helpful Tips to File an Accident Compensation Claim

admin — Tue, 02 Feb 2010 14:52:57 +0000

If you are injured in a road accident, you can claim compensation as damages for the suffering caused to you. The amount of accident compensation is determined by the extent of the injuries you suffered. However, failure to comply with the required procedures, or to submit the required evidence to prove your loss, may cause your claim to fail.

Here are four tips to help you file your accident compensation claim:

Ensure that your injury is documented.

An important reason why your accident claim could get rejected is because you have not submitted the required medical records to substantiate your injury. It is important that you visit a doctor immediately to get your injury examined. Adequate medical documentation is important to establish the exact nature of your injury for the claim.

Classify your claim correctly.

You are entitled to claim accident compensation under various heads such as ‘general damages’, ‘pain and suffering’, ‘loss of amenity’, ’special damages’ and others. You can make your claim more effective by filing it under the most relevant category or categories, as the case maybe.

Contact the Motor Insurers’ Bureau (MIB).

If you are injured in a hit-and-run accident, where the driver has driven away after causing the accident, you need to file for accident compensation with the MIB. This is also true if you have been injured by an uninsured driver.

Seek professional legal help.

If you have opted for legal insurance option as part of your car’s insurance coverage, you will probably already have a lawyer to help you file your claim. If you didn’t opt for this option, don’t worry. You can hire a lawyer experienced in accident compensation to file your claim. Remember to insist on a no win, no fee contract. According to this, your lawyer gets paid his fees only if you win – what’s more, he can recover the fees from the insurance company. This ensures that you will not have to pay anything.

By: Diana Joseph

If You Are Injured in an Auto Accident, Call an Auto Accident Lawyer

admin — Sun, 31 Jan 2010 01:27:44 +0000

There are more and more auto accidents occurring on highways all over the world everyday, and the numbers keep rising. Many lives have been stolen thanks to auto accidents, and even more people seriously injured, oftentimes, due to something that could have easily been avoided.

Insurance companies are paying out money faster than ever before, and all of our premiums are rising due to that fact. Of course, where our wallets are the only thing affected, victims of auto accidents often have to deal with long-term pain, debilitating injuries, loss of work, or job loss altogether, and extreme mental anguish due to their physical and financial situations, often caused by meeting a reckless driver on the road.

If you or someone you love is injured by the fault of another driver, then you have the legal right to sue both the person who owns the automobile, and that person’s insurance company as well. To get the best chances of winning and getting the most from your claim, you should seek the advice of a professional accident lawyer, who can tell you exactly how winnable your case is, and how you need to proceed. If nothing else, you will likely have your medical costs paid for, so that you aren’t faced with overwhelming medical debt through no fault of your own. Your accident lawyer may even be able to force the insurance company to reimburse you for your loss of income.

Some auto accidents are caused by malfunctioning vehicles, such as faulty brakes, bad tires, etc, while far too many are caused by other drivers, due to either being under the influence of drugs and alcohol, fatigue, error, or reckless driving. If the auto accident is proven to be caused by a faulty vehicle part, then the car owner can sue the producer of that particular vehicle for poor workmanship. The auto accident lawyer is dedicated to getting you the financial compensation you deserve for being injured by someone else’s hand, whether due to vehicle issues, or just poor judgment.

Many insurance companies try to offer victims settlement payments to try and avoid going to court, especially if they feel they have little chance of winning. Many victims unfortunately fall for this, and end up with very little money, when it is all said and done. Some even go so far as to talk victims out of seeking compensation, making them feel as though they are wrong for doing so. Professional, caring lawyers know how to deal with these companies, and will handle everything on your behalf, so that you don’t have to deal with these scheming, often rude insurance agents and adjustors.

By: Miodrag Trajkovic

An Accident at Work & A Failed Urine Test (A Virginia Lawyer’s Perspective)

admin — Fri, 29 Jan 2010 20:09:34 +0000

You have had an accident at work. The Employer immediately sends you for a urine test. The urine test registers positive for a drug such as cocaine or marijuana. Does flunking this test mean you “lose” your claim for any compensation?

First, the Employer may well try to deny your claim based on the failed urine test. The Employer will probably back this denial by hiring a physician who will claim the drug found in your urine caused or contributed to your accident.

Second, if the accident occurred as a result of a fall from a height, it may be easy for the Employer to suggest the illegal drug caused a loss of balance or dizziness (that contributed to the fall from the ladder, scaffold, or roof). Even if it is not the sole factor causing the fall, the worker still may lose his/her claim if the illegal drug is merely contributes to the fall.

Third, an illegal drug can remain in one’s system for a long time. This is true even if has been days or even weeks since the drug was used. The unfortunate fact is that the residual drug in one’s system could result in a failed urine test.

Fourth, many Employers also have a policy stating a failed urine test will mean a termination for misconduct. Thus, even if the accident does not result in disability, it could result in termination of employment for misconduct. It does not matter the illegal drug was never used in the work place.

Fifth, the best course of conduct for Workers is never to use illegal drugs; therefore, one would never fail a urine test.

Sixth, but if a failed urine test does occur after an accident, the Injured Worker, must realize he/she is in big trouble. He/she must immediately talk to an experienced Workers’ Compensation Attorney. He/she must not give a recorded statement to the Insurance Company. The Attorney may be able to have your urine test examined by another doctor. Hopefully, the doctor can dispute the Employer’s or Insurer’s doctor giving the Injured Worker a chance at winning his/her claim.

In summary, a failed urine test is no laughing matter and can result in a denied accident claim. The best policy is to refrain from the use of illegal drugs. However, if a failed urine test does occur, then all is not lost if the Injured Worker seeks help right away.

Copyright© 2006, Gerald G. Lutkenhaus. ALL RIGHTS RESERVED

This may be considered AN ADVERTISEMENT or Advertising Material under the Rules of Professional Conduct governing lawyers in Virginia. This note is designed for general information only. The information presented in this note should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

By: Jerry Lutkenhaus

Acts of God – Accident Lawyers Can Still Help

admin — Thu, 28 Jan 2010 14:11:19 +0000

“An Act of God”, in legal terms, usually refers to a force of nature, such as a storm, tornado or hurricane, or floods or winds. There seems to be a misconception about acts of God when it comes to personal injury and property damage. Many people assume that an injury or damage that occurs due to an act of God automatically carries no liability. This is just not the case.

In some incidences, while the damages are directly created by an act of God, the underlying cause is negligence. For example, let’s say a house is built with such substandard workmanship that a typical storm causes it to fall apart. Even though the storm is an act of God, the builder may still be held liable if it can be proven that his inferior building practices were also responsible for the damages.

Another tragic example involves an incident at a summer camp on Long Island, New York in 2004. While waiting for a bus to take him home, a 4 year old boy was killed when a branch from a nearby tree fell and struck him on the head. Questions were raised about whether the property owners had properly maintained the grounds, as the branch had fallen from a tree that was decimated and rotted by carpenter ants. Similarly, the recent tragedy where 4 boy scouts were killed in an Iowa tornado raised questions of liability of the adult leaders in charge of the campout, as severe weather alerts had been issued for the area but the adults in charge did not evacuate or leave the camp grounds.

In cases of injury or damage involving acts of God where negligence may be underlying, it’s always a good idea to consult with an accident lawyer who will help you sort through the questions and will explain your rights.

By: Terri Polk