Car Accident Lawyer » Defendant

Do You Need An Accident Lawyer?

admin — Fri, 01 Jan 2010 17:21:40 +0000

If you get into an accident, the first question that might come to your mind is if you need an accident lawyer? If you are injured, this is not a do it yourself situation. A common mistaken belief is that you must have an attorney for any lawsuit. It simply isn’t true. You can file a lawsuit or defend one “in pro per”, which is a Latin phrase essentially meaning you are representing yourself.

The question, of course, is whether you should represent yourself. The answer in most situations is that you should not. There are simply far too many downsides to doing so and very few upsides. Consider the following.

Let’s assume you are hurt in an accident and the defendant has insurance. Why, you can just deal with his insurance company directly regarding your injuries, right? The insurance company certainly hopes so! In such a situation, the insurance company is going to roll over you like Godzilla versus Bambi. You’ll be luck to get anywhere near what you should. With a lawyer, the insurance company will be more realistic regarding its settlement options.

Ah, but what about taking the case to trial. I would really encourage you not to do this on your own. There are a wide variety of procedures and rules that must be followed in court and you don’t know them even if you do watch a lot of law and order. For instance, what are the rules of evidence? What is hearsay and what are the 27 exceptions to the rule of hearsay including the subsections of each exception? Unless you have spent a year learning the rules of evidence in law school, you are making a mistake walking into court without an attorney representing you.

By: Aazdak Alisimo

Car Accident Attorney Details the Danger of Cell Phone Use While Driving

admin — Sun, 06 Dec 2009 22:40:00 +0000

The truth of car accidents is that they often painful, sometimes deadly, and always costly. In addition, car crashes occur numerous time each day. Approximately 40,000 people are killed every year in car accidents in the United States. Millions more are injured in automobile related traffic accidents. Missouri has its fair share to serious truck accident and car accidents due to the lengthy stretches of highway that run from one end of the state to the other.

What are some things you should do if you are involved in a Missouri car accident?
1. Collect the other driver’s name, address, and phone number;
2. Collect the other driver’s insurance information;
3. Get the names and phone numbers of all known witnesses;
4. Photographs of the vehicles involved and the scene of the accident; and
5. Call an experienced Missouri car accident lawyer immediately.

You will need the information collected at the scene to move forward with a claim for your personal injuries and property damage. You want to get witness information so you can find out what they saw in relation to the car accident or truck accident. An experienced Missouri personal injury attorney will be able to use the collected information to begin a thorough investigation.

The attorney will want to know what each witness is going to say. Many attorneys will take recorded statements of the witnesses to secure their thoughts on the crash. Many cases turn on what the eye witnesses say. It is therefore crucial to get their side of the story immediately, before time passes and memories fade.

Most car accidents occur because one or more of the parties involved were negligent. To bring forth a claim for a car accident, the Plaintiff must prove the defendant (at fault party) failed to use ordinary care while operating a motor vehicle. This means the plaintiff must prove the defendant failed to exercise the amount of care that a reasonable person would or should have in the same situation. Additionally, it will have to be proven that the lack of due care was the proximate cause of the accident and resulting injury.

Personal injury attorneys often try to prove negligence through actions such as speeding, failing to yield, failing to obey traffic signals, following too closely, and other unsafe driving practices. When a driver does not follow traffic laws, they subject themselves and others to increased risks of harm. Thus, they are liable for the harm they cause that results from their failure to exercise due care.

In recent cases, negligence has also been proven through activities such as cell phone use. When a driver pays attention to personal activities, causing them to neglect traffic signals and road conditions, they will likely be found liable for resulting damages. Cell phone use while driving reportedly causes 2,600 deaths and over 330,000 injuries per year. It has even been alleged that drivers using a cell phone experience similar impairment to drivers with a blood alcohol content over .08.

Because of these devastating statistics, laws are being passed across the United States limiting or completely prohibiting cell phone use while driving. Where such a law exists, car accident lawsuits claiming negligence based on cell phone use will certainly allege negligence for the cell phone use. Where specific cell phone laws do not exist, said use will still be addressed and proof of such cell phone use will still be used in determining liability. And yes, cell phone use includes texting as well as talking and dialing.

When a car accident occurs, it is important to contact an experienced personal injury lawyer. The lawyer will be able to obtain the phone records of the at fault party. In addition to obtaining and securing crucial evidence, an experienced lawyer will be in a much better position to negotiate with the insurance company on your behalf.

By: John J Page

The Importance of Having a Dynamic Car Accident Lawyer

admin — Mon, 23 Nov 2009 14:44:54 +0000

The increasing number of cars along the roadways of California serves an indication of continuous progress in the state. However, it is a sad story that along with this increase, the car accident statistics also show an alarming rise happening in the past few years. As a further consequence, many people have been terribly injured by these untoward incidents.

On the average, over six million car accidents happen in the U.S. every year causing injuries to more than three million people and death to 40,000 individuals. A large portion of such accidents transpires in California. Hence, it created deep concerns not only to the authorities but also to the people as a whole.

Because of these events, many victims have relied on the capability of car accident lawyers in pursuing their respective lawsuits against the parties responsible for their sufferings. This is to recover damages for their incurred physical pain and other losses as brought about by the accident involvement.

On the other hand, some of the victims still have their second thoughts in getting the aid of legal counsels on their belief that hiring the services of these legal professionals would only cost them huge amount of money. Not at all, in many occasions, car accident lawyers perform a vital role in increasing the claimant’s possible compensatory damages. This is mainly due to their expertise in dealing with these particular cases.

More so, because a dynamic car accident lawyer fully understands the law that covers car accidents and well-acquainted regarding the procedures of filing such claims, they may be able to look for some other legal means in order to acquire more from the defendant’s insurance company.

Aside from the victim’s pain and suffering, these things may be utilized a lawyer to increase the recoveries of his client:

- emotional distress

- loss of enjoyment

- loss of past and future earnings

- medical treatment and rehabilitation cost

- damage to property

- other expenses of the victim that resulted from the accident or the injury sustained

- loss of association and funeral expenses in case of a wrongful death

A car accident claim can be very hard to handle without an experienced legal professional to provide his advice and assistance. The complicated process of filing a claim necessitates some basic understanding of the law that many people do not have. This may also explain the importance of lawyers; without them, any legal undertaking may not have a positive outcome.

Our California law firm’s qualified and highly experienced Car Accident Lawyers California can be depended upon for dedicated and compassionate legal services after a serious injury auto accident

By: Rainier Policarpio

Car Accident Cases Necessitates a Competent Lawyer

admin — Wed, 11 Nov 2009 13:43:22 +0000

There is no doubt that most people in the United States love cars. This is also true in Los Angeles County in California where cars have been great necessity in every household. However, the increase in population of car users has also created a tremendous growth in the figures of injuries due to road catastrophes not only in California but also across the country.

In 2005, approximately 6,420,000 automobile accidents have occurred that caused a total of above $230 billion of losses. More importantly, 42,636 individuals died while at least 2.9 million victims suffered from various types of injuries because of these untoward incidents. This would mean one fatality in every thirteen minutes.

These accidents may also happen to you and your loved ones regardless of how much care you put in driving your cars. Yet, in case of an accident, you can always rely on the capability of a car accident lawyer to help you in filing the necessary charges against the liable party. This is aside from what you can acquire from your insurance company.

The law entitles anyone who was injured due other party’s neglect or wrongful act to file their lawsuits and to recover suitable damages. These includes payments for pain and suffering, emotional distress, hospital bills, lost wages, damage to property and other expenses brought about by the injury. Still, the victims should prove these factors:

the defendant has been neglectful or careless in driving such neglect was the cause of your injury you have indeed sustained an injury

In defending your rights, it is vital for you to hire a car accident lawyer who is known for his competence and effectiveness. This will ensure that you will be properly guided and represented in the whole process of your legal undertaking. Thus, you should be more cautious in choosing the right advocate if you want to have a successful case result.

Searching for the best legal counsel should not be that hard as you imagine. All you need to do is to have an extensive look on his background in resolving his handled cases. It would also be better if you know how he treats his past client’s cases. Being aware of these things before formally appointing his services may definitely increase your chances of winning.

Our Car Accidents Lawyer Los Angeles County is highly experienced in dealing with insurance companies regarding car accident claims.

By: Rainier Policarpio