* Answer any questions you have regarding your case
* Determine your maximum compensation
* Take charge of communication with insurance companies
* Locate witnesses
* Investigate the scene
* Conduct research on your accident
* Protect your best interests and rights
If we work on your case I can promise 2 things. We are really really good attorneys & we will work hard for you.
If your vehicle, or the other party’s vehicle, had a defect contributed to the accident, the injured party may have a claim against the manufacturer of the vehicle or one of its parts. If the car had a faulty design, or a manufacturing and labeling issue, the manufacturer can be held responsible regardless of who was actually at fault for the accident.
To prevail, your attorney must prove that you were not at fault for the accident as the defect that caused the accident occurred during the manufacturing process. Oftentimes expert testimony and analysis is used as evidence to prove that the defect contributed in some party to the accident. Successful lawsuits will require the plaintiff to show:
The defective car or part was “unreasonably dangerous”
The vehicle was being operated as intended
The vehicle’s performance had not changed since its initial purchase
Claims are usually filed against manufacturers in the case of defective parts such as seatbelts, airbags, accelerators, brakes, and engines.
In some cases, faulty construction, design, or maintenance of roads can contribute to accidents. Some common causes include:
Embankments: When a road curves, the outer edge is set at an incline as a safety precaution. These raised areas serve the purpose of managing traffic so that vehicles can approach the outer edge of the road without driving off it. If the embankment is too steep or not elevated properly, motorists may be in danger.
Barriers and Guard Rails: Barriers, guard rails, speed bumps, medians, and curbs help to influence safe driving. If any of these structures are poorly designed or placed, driver safety may be compromised.
Surfaces: Various alterations in road surface alert drivers of approaching hazards or that they are leaving their lane unexpectedly.
Signage: Signs give drivers prior notice of approaching intersections, sharp turns, animal crossings, etc. They should be positioned in obvious locations and brightly illuminated for maximum visibility.
Traffic Control: Traffic lights, stop and yield signs, lights to warn drivers of intersections and crosswalks, and other devices are utilized to dictate traffic flow. Proper placement and operation of these devices is imperative.
If you have lost a loved one in a car crash, you may have legal recourse through a wrongful death lawsuit. In these cases, the family or survivors of the victim must prove that their loved one was killed as a result of another’s negligence. Economic, non-economic, and punitive damages may be available.
Car Accident Injuries and Compensation Injuries
Because each accident is different, the extent of injuries suffered will vary between cases. In many cases, the costs for treatment of the injuries sustained will not be covered by PIP insurance and will require additional litigation or negotiations. Some injuries that we may attempt to collect compensation for include:
Burns and scars
Loss of limbs
Spinal cord injuries
Joint, muscle, back, neck, and bone injuries
Economic auto accident damages
also known as compensatory damages, attempt to compensate the injured car crash victim for his or her monetary losses. Common economic damages awarded in car accident lawsuits include:
Medical Expenses: This could include expenses for emergency room visits, hospitalization, emergency surgery, any assistive devices and future appointments with a medical professional.
Future Medical Expenses: If the car accident victim can prove that they will need continued medical care as a result of the crash, they may be able to recover the cost of future medical expenses.
Lost Wages: Car accident victims who have been injured can seek compensation for lost wages from the time of injury to the conclusion of the lawsuit. Even if the victim was unemployed, he or she could receive compensation for lost wages if the attorney can prove that the accident limited his or her earning potential.
Loss of Earning Capacity: If you sustained injuries that prevent you from working, you may be able to receive compensation by proving that your earning capacity was negatively impacted by the incident. In this case, the jury will typically determine the amount the victim could have earned if the car accident had not occurred.
Non-economic car accident damages
award the plaintiff for non-financial losses. Car accident damages for non-monetary losses are typically harder to quantify and may include compensation for the following:
Pain and Suffering: This includes compensation for the pain and suffering you faced after the accident. In awarding damages for pain and suffering, the jury will examine the extent of your injuries, including how long you are expected to suffer, the nature of the injury, and what financial burdens the incident places on you and your family.
Mental Anguish: You may also be able to attain compensation for the emotional pain you faced after the incident. Mental anguish, for example, can include feelings of fright, nervousness, worry, grief, and any other type of emotional trauma a victim can face after a devastating accident.
Loss of Consortium: If you were the spouse of the car accident victim, you may be able to procure compensation for the unique losses you face such as loss of marital benefits, including companionship, sexual relations, affection, and comfort.
Punitive Damages: If the actions of the defendant were so malicious or egregious, the jury may impose punitive damages, which are intended to punish the defendant and discourage similar behavior in the future.
YOU NEED TO KNOW:
* The insurance company is NOT in the business of
giving out money.
* They will do everything in their power to minimize your injury.
* Your posts on social media will be used against you.
WHO WE ARE?
* We are NOT a personal injury mill that settles for pennies
on the dollar.
* IF we take your case we will fight for you.
* Many personal injury attorneys shy away from trial. Not us, we look forward to the courtroom battle.
Why Should You Hire a Car Accident Lawyer?
Every year more than 75,000 folk sustain catastrophic injuries resulting from truck accidents. Our law firm is dedicated to helping people who have been injured in truck accidents receive just compensation for their injuries. Contact us today to consult with us for free, with absolutely no obligation.You will need a San Bernardino car accident attorney to represent you in your lawsuit because insurance companies are unlikely to just hand you the amount you deserve. Their main goal is to maximize their profits. This means they have an incentive to pay you as little as possible and get you to sign a liability release form, which will bar you from further recovery. However, the little amounts that these companies offer are rarely enough to cover your medical bills, let alone other monetary damages such as lost wages and pain & suffering. Hiring an experienced trial attorney who specializes in traffic accidents is your best option. We are experienced in litigating all kinds of traffic accidents, including car, truck, and motorcycle accidents. Motorcycle collisions result in a higher degree of severe injuries and fatalities than any other type of motor vehicle collision. Similar to car wrecks, victims of motorcycle accidents are entitled to monetary compensation for the losses they have incurred including medical costs, lost wages, pain and suffering and emotional distress. Our team of dedicated accident attorneys will guide you through the legal process every step of the way. Similarly, truck accidents usually have more clear liabilities due to the negligence of the truck driver.
There is no doubt that injury to the brain can change your life forever. Serious brain injury can lead to loss of memory, emotion, and can have effects such as seizures, amongst other things. The victim’s entire identity and personality can change, leading to difficulties on the job, in interpersonal relationships, and performing basic life activities such as running errands or playing with one’s children. The impact of a traumatic brain injury on the victim can be debilitating.
Brain injury – also called traumatic brain injury, or TBI – is an unfortunately common phenomenon in America that often goes undiagnosed or untreated. The most common cause is impact injuries, typically occurring in car accidents. This can involve a direct blow to the head, or can also result from jarring the putty-like matter in the brain in a whiplash injury.
A brain injury can be subtle or unclear, and the science of brain injuries continues to develop. Brain injuries often are not diagnosed in the emergency room or in the early stages of treatment, and sometimes symptoms do not appear immediately. Because of the often-delayed diagnosis, and because the victim often is in the same physical condition before and after the accident, doctors, peers, family, and the victim himself may have difficulty understanding how the accident created the symptoms. Sometimes the victim is painted as a liar or faker, or is portrayed as having other past injuries that created the problems the victim now experiences.
Brain injury cases are very difficult cases requiring extensive medical knowledge on the part of the injured party’s attorney. Substantial medical testimony is generally required. Because there may not be other signs of injury or of the severity of the impact, the consequences of the impact on the brain must be explained in painstaking detail. The victim often has difficulty communicating the effects of the injury because the victim may not entirely understand what those effects are. Typically the testimony of family members and other close associates is necessary to fully explain the ways in which victim changed since the injury. Largely because of the substantial expert testimony, the costs of pursuing a brain injury case can be very high.
The plaintiff’s lawyer must be able to compassionately portray the life-altering effects of this injury to the jury – a significant and complex injury that many jurors may never have heard of. When seeking an attorney, you should look for an attorney with significant experience in trying complex, high-stakes personal injury cases to a jury
San Bernardino Car Crashes
According to California Highway Patrol's Statewide Integrated Traffic Records System (SWITRS), 203 people were killed and 7,915 were injured in San Bernardino County car accidents in the year 2010. In the City of San Bernardino, there were 15 traffic deaths and 1,011 injuries during that same year. Seven fatalities and 109 injuries were reported as a result of San Bernardino DUI crashes.
The city of San Bernardino is the county seat of San Bernardino County. With more than 200,000 residents as of 2010, it is an Inland Empire anchor city. Attractions including the Coussoulis Arena, the Fox Performing Arts Center, the Robert V. Fullerton Museum of Art, the Heritage House and the San Bernardino Railroad and History Museum, are some of the many reasons to travel to this beautiful city.
There are, unfortunately, many car accidents that occur in San Bernardino each year, with tragic results. According to the California Highway Patrol's 2010 Statewide Integrated Traffic Records System (SWITRS), 15 fatalities and 1,011 injuries were reported as a result of car accidents in the city of San Bernardino. During that same year, seven people were killed and 109 were injured in San Bernardino drunk driving collisions. Countywide, 203 fatalities and 7,915 injuries were reported due to car crashes during that same year.
Carry a set of cones, warning triangles, or emergency flares in your trunk to help alert traffic.
It also helps to have a pen and a card with any relevant medical information for you and your family.
Immediately After a Car Accident
Take a deep breath and stay calm.
Check for injuries; call an ambulance when in doubt.
If accident is minor, move cars to a safe place, out of traffic.
Turn on your vehicle's hazard lights and use cones, warning triangles or flares for safety.
Call the police, even if the accident is minor.
Notify your insurance agent immediately.
Other Important Tips
Do not sign any document unless it's for the police or your insurance agent.
Make immediate notes about the accident, including specific damages to all vehicles involved, witness information, etc.
If the name on an auto registration is different than the driver, jot down the relationship.
Be polite, but don't tell anyone the accident was your fault, even if you think it was.
State only the facts, and limit your discussion of the accident to the police and your insurance agent.
If possible, don't leave the accident scene before the police and other drivers do.
Aggressive driving has become a serious problem on our roadways. What is aggressive driving? Most of us know it when we see it, but NHTSA, after discussions with law enforcement and the judiciary, defines aggressive driving as occurring when "an individual commits a combination of moving traffic offenses so as to endanger other persons or property." We provide guides, planners and information to law enforcement professionals and prosecutors to assist in the reduction of aggressive driving.
Motivations for Speeding, Volume I: Summary Report
This is Volume I of a three-volume report. It contains the results of a study that examined the speeding behavior of drivers in their own vehicles over the course of three to four weeks of naturalistic driving in urban (Seattle, Washington) and rural (College Station, Texas) settings. http://www.caraccidentlawyersanbernardinocounty.com/verdicts.html
Aggressive Driving Enforcement Best Practices
The purpose of this guide is to provide step-by-step assistance to law enforcement personnel to develop an aggressive driving enforcement program. A number of suggestions are provided that will help law enforcement agencies design and implement an effective aggressive driving program.
Stop Aggressive Driving Toolkit
Plan ahead. Allow yourself extra time. What to do when confronted with an aggressive driver.
Aggressive driver are not usually the ones who get in an accident but more likely the ones who will cause another driver to be startled and end up being involved in an accident.
NHTSA encourages bicycling as an alternative mode of transportation to motor vehicle travel and encourages the adoption of mutual respect between motorists and bicyclists to enhance safety for all road users, including bicyclists. Bicycles on the roadway are, by law, vehicles with the same rights, and responsibilities as motorized vehicles. Our bicycle safety programs focus on the behaviors of bicyclists and motorists towards bicyclists to reduce bicycle injuries and fatalities on our nation’s roadways.
Being a "Roll Model" means actively decreasing the risks of traffic crashes, preventable injuries and deaths. 743 bicyclists died and 48,000 were injured in crashes in 2013, an increase from the past several years. Whether a person rides or drives, they should know about bicycle safety, now more than ever. http://www.caraccidentlawyersanbernardinocounty.com/verdicts.html
U.S. DOT Safer People, Safer Streets Initiative
U.S. Transportation Secretary Anthony Foxx has declared pedestrian and bicyclist safety as a top priority for the department. Under his leadership and the Safer People, Safer Streets initiative, road safety assessments were conducted in every State and more than 230 cities have joined the Mayors' Challenge to improve walking and biking.
Focused Approach to Pedestrian and Bicycle Safety
The Federal Highway Administration’s strategic approach provides technical assistance to States and cities on the most critical pedestrian and bicycle safety issues and helps them address these issues at the city level. Focus cities have been determined based on the 20 cities with the largest number of pedestrian/bicyclist fatalities, and any city having a population higher than the average of the top 50 cities. NHTSA follows FHWA’s lead in this focused approach to pedestrian and bicycle safety.
Tips for Preteens & Teens: Prevent Bicycle Crashes
This resource is for those of you in your pre-driving or early driving years. Biking builds on the same critical skills as walking around traffic, and shares many of the same skills as driving a car! This resource will prepare you for some of the risks of riding in traffic and how to reduce them.
Safety In Numbers - Tips for Safer Summer Bicycling
NHTSA's July edition of Safety in Numbers points out the danger of riding bicycles at night, while drunk, and common mistakes that bicyclists and drivers make that contribute to crashes.
2013 'Bicyclists and Other Cyclists' Traffic Safety Facts -
In 2013, there were 743 pedalcyclists killed and an estimated 48,000 injured in motor vehicle traffic crashes.
Highway Safety Program Guideline No. 14
Each State should develop and implement a comprehensive bicycle safety program that promotes safe practices, and educates drivers to share the road with others.
After The Crash: How a Car Accident Lawyer Can Protect Your Rights
How an Attorney Can Help
Types of Car Accident Claims
Car Accident Injuries and Compensation
Cases We Handle
Attorneys in our offices understand the difficulties that can arise after a car accident. We have witnessed the injuries and damage that can result from a crash and understand the struggle some victims may face in trying to recover compensation for their losses. http://www.caraccidentlawyersanbernardinocounty.com/verdicts.html
There are specific rules and regulations that can complicate insurance claims and the recovery of additional damages, such as for pain and suffering, in cases of severe injury or death. In order to have a chance at receiving full compensation for your losses, contact an attorney who is well-versed in laws regarding auto accident claims.
Our car accident attorneys have handled automobile accident cases in several states and can help ensure that your rights are protected. http://www.caraccidentlawyersanbernardinocounty.com/verdicts.html
If you’ve been in a car accident and are unsure of your next step, please fill out our free case review form. Our firm will review your claim for free and determine if our car accident lawyers may be able to help.
How Can a Car Accident Attorney Help Me?
[Car Accident Attorney]
An attorney can help ensure you receive full benefits from the insurance company and determine whether you can file a claim for additional damages against the party at fault for the crash. If you have suffered a serious injury, we can help you file a lawsuit to claim compensation beyond that which is provided through insurance claims.
To be eligible for a personal injury lawsuit, the victim of the crash must have died or sustained a significant injury such as:
A significant head injury
Permanent scarring or disfigurement
Once you’ve exhausted your personal injury protection (PIP) benefits and decide you want to take legal action against the driver at fault for the crash, our attorneys can begin preparing your claim by: http://www.caraccidentlawyersanbernardinocounty.com/verdicts.html
Collecting police and accident scene reports
Reconstructing the accident scene
Taking photographs of the scene, damage, and injuries
Analyzing medical reports
Contacting expert witnesses to review evidence
Speaking with the insurance providers on your behalf
The insurance company or negligent party from which you are attempting to collect compensation will work to categorize your injury as temporary, rather than permanent. Your attorney can collect and organize evidence on your behalf to rebut the defendant’s claims.
Seeking Additional Damages
The strength and success of your claim will likely hinge on the ability of your attorney to collect, analyze, and present evidence.
If you are seeking additional damages, your attorney will approach the negligent party’s insurance company in an attempt to recover compensation to cover your remaining costs. Your claim will be submitted for approval to the insurance company, which will have conducted an investigation of its own. The strength and success of your claim will likely hinge on the ability of your attorney to collect, analyze, and present evidence. The opposing insurance company will want to minimize their payout. Providing your attorney with as much information as possible can help strengthen your claim. If your attorney and the insurance company cannot agree on a settlement, the case may proceed to trial.
Uninsured and Underinsured Motorist
[Uninsured Motorist Accidents]
After exhausting PIP coverage, if the other driver has no other insurance or an amount of coverage that is insufficient to cover the costs related to your injury, your uninsured or underinsured motorist coverage may cover the damage caused by the negligent party. If the negligent party was underinsured, your insurance will cover the difference between your losses and the amount you received from the other party’s insurance company. If you do not have this coverage, you should contact an attorney to obtain compensation for injuries resulting from the accident. An attorney may be able to seek damages from the negligent party’s homeowners’ insurance, your own insurance carrier or your health insurance provider.
Attempting to collect compensation through your uninsured motorist coverage can be complicated and will likely require the assistance of an experienced attorney. Your insurance company will likely try to limit your payout amount, based on their own investigation of the accident and how much they believe your claim is worth. If you receive an amount that you believe does not properly cover your losses, your attorney may be able to file a lawsuit against your insurance company in an attempt to recover additional compensation.
Lawsuits for Additional Personal Injury Compensation
“No-fault” insurance law attempts to limit the number of lawsuits filed over minor car accidents. Civil suits to recover additional compensation for personal injury damages are only permitted under certain circumstances.
Types of Car Accident Claims Negligence
Most car accidents rely on the concept of negligence, or the party’s failure to exercise a certain level of caution while operating a vehicle or using common roads. The attorney, and your insurance company, will conduct a preliminary investigation to identify whether you were, in fact, not responsible for the accident.
To have the best chances of receiving compensation, the attorney must prove that the defendant failed to meet a reasonable standard of care and that his or her negligence caused the accident. Some examples of defendants are negligent drivers, reckless drivers, intoxicated drivers, passengers, pedestrians, or bicyclists.
Meagan Silva & Patrick Silva
The Silva Law Firm
Attorneys at Law
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