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             Car accidents and truck accidents are probably the most frequent type of accidents that involve serious injury which warrant hiring a car accident lawyer. Typical injuries are whiplash injuries which result in neck pain, headaches, and low back pain. These types of injuries cannot be identified with any type of diagnostic exams like broken bones through x-rays. Sometimes the injuries are very severe even though there is nothing visible, and even if there is no evidence of broken bones. Often injury victims suffer from herniated discs from the neck or low back. Many health insurance companies do not permit the victim to undergo an exam such as an MRI to determine what is causing the pain and the injury victim is left without recourse and left to suffer without knowing what is causing the pain. X-rays are commonly done, but not sufficient to determine if the victim is suffering from a herniated disc. MRI’s are very expensive and because of that cost medical insurance companies discourage such types of exams. Other types of injuries that are often not visible are closed head injuries, which could cause all types of problems such as lack of balance and dizziness. These types of injuries also require special diagnostic exams and a neurologist or other type of medical specialist.

             The vast majority of accidents including car accidents and truck accidents are caused by people that failed to exercise good judgment while driving. Generally it involves two cars or a commercial truck and an auto. Depending on the specific facts of your case and the evidence available, it may or may not be worth your while to hire an attorney.

             Some cases are caused by commercial vehicles such as bus accidents and truck accidents, and generally these types of accidents cause more serious injuries. The reason is that a truck or bus is simply bigger and heavier and the forces applied to the human body are much greater and much more likely to cause injury. In most of these cases it is worth your while to hire an attorney. A semi truck generally causes significant damage, regardless of how small the collision is.   In a commercial truck accident the semi can just tap the car and it will cause great damage to the vehicle and person.  Semi’s are more likely to cause death and serious injury and do not require the vehicle travel at great speeds to cause serious injury. 

              A less common type of accident is collisions between a car and a pedestrian. These car accidents are generally caused by the pedestrian. Usually a child darting out between two cars and jay walkers. In my opinion these types of car accidents lead to cases that are generally without merit. Most firms do not represent cases involving children darting out, or pedestrians’ jay walking. There are rare occasions when a jaywalker may have a good case, but there has to be a logical explanation for why the individual was jaywalking and there has to be a showing as to why the driver involved in the car accident was at fault, but these situations are rare. A case is warranted on occasions when the pedestrian has done nothing wrong such as when walking at a cross walk where there is no stop sign or light. These types of car accidents result in very serious injury and occur when individuals are trying to get across the cross walk in very busy streets and the driver is inattentive or in a rush. Cross walks without a light often lead to serious injury car accidents.  The rule is that if there is a marked cross walk, the pedestrian has the right.  Drivers commonly disregard this traffic rule and fail to yield to pedestrians crossing. Common injuries from these car accidents are a herniated disc, fractured ribs, broken bones, closed head injury, collapsed lungs, internal organ damage, and other serious bodily injuries. Sometimes death results from these types of car accidents.

ESTABLISHING FAULT IN A CAR OR TRUCK ACCIDENT

               In car accidents, the party that violates the rules of the road is generally the party at fault. Running a stop sign, following too closely, running a red light, failing to yield to through traffic, unlawful u-turns, speeding, driving too fast for road conditions are very common reasons for why a car accident occurs. There is really nothing out of the extraordinary in determining fault in car accidents. The typical car accident involves someone driving too fast for road conditions and following too closely. The tailgaters we all hate often lead to a rear end car accident, because they are driving too fast for road conditions and not giving themselves enough space to prevent the car accident.

                The few times when there is a problem in determining fault in a car accident is when both parties claim the other ran a red light. If there are no independent witnesses in the car accident to support one side or the other, it is virtually impossible to determine which party caused the car accident.  When these cases are litigated, it is almost certain the party filing the lawsuit is not at fault for causing the car accident. 

INSURANCE CONCERNS AND AUTO ACCIDENTS

              Under California law you are required to have auto insurance and failure to do so can result in suspension of your license and in the event of a car accident you may cause your rights to be reduced. If you are at fault in a car accident your insurance rates may be increased, if you are not at fault in the car accident, the insurance code prohibits insurance companies from increasing your rates. If the other party has no insurance, and you make an uninsured motorist claim against your own company your rates may not be raised if it is not your fault. The same is true if you make a claim following a car accident, on someone else’s insurance, such as a friend’s insurance policy.

WHEN DO YOU HAVE A CLAIM

              Not all injuries are compensable and not all car accidents lead to a claim, but generally when someone’s carelessness results in a car or truck accident and in injury to you, a claim arises. In California two other exceptions to the rule are work related injuries and dog bites. Work related injuries are treated differently from personal injuries and do not require fault for you to be entitled to compensation. Dog bites also do not require for someone to be careless, they only require you to have the right to be where the dog attack occurs. A bite resulting from breaking into someone’s home is not likely to be compensable.

WHAT CAN YOU CLAIM

               You are entitled to reimbursement of medical expenses that are reasonable and necessary, lost wages resulting from your injury or disability, and compensation for the pain, the suffering, the inconvenience and loss of consortium.   This is true regardless of whether you were involved in a car accident, truck accident, a dog attack, a dog bite, an animal attack or any other type of injury causing event that was caused by someone else’s fault. After speaking with an attorney you will find that determining who is at fault is not the big issue, the issue is generally one of fair compensation. This is what attorneys fight for, fair and just compensation for injuries you suffered as a result of a truck accident, car accident, dog bite, or other event that caused your injuries. As a rule the greater your injuries the greater your need for an attorney.

                 Presently you are entitled to get reimbursed for medical expenses, even when you have medical insurance. Sometimes your auto insurance covers your medical expenses for a car accident to some extent as well, but even so, you still have the right to claim these expenses. Depending on your policy and your employer, you may or may not have to reimburse your medical insurance for what they paid out and when it is a car accident and you have hired an attorney you never have to reimburse fully under California law. Lost wages have to be proved regardless of whether it is a truck accident, a car accident, a dog attack, a bus accident or some other type of accident. Clients with long stable work histories are in a much better position to make a wage claim than someone with an erratic work history. Compensation for your injuries depends on the severity and type of injury. Time off work has to be justified by a doctor and it should be a medical doctor especially if the injury was caused by something other than a car accident or truck accident.  No attorney can give you a good estimate of the value of the case until after the severity of your injuries is determined.  Even early ball park figures for car accidents and truck accidents can be erroneous, what appears to be a minor whiplash injury could actually be more serious such as a herniated disc.

WHEN MUST YOU MAKE A CLAIM

                 Following a car accident, truck accident, dog attack, or dog bite, you usually have two years, but children and persons with certain disabilities may have longer. In some situations such as a car accident or even a truck accident with the postal service you may only have six months. If you have a car accident the best thing to do is to speak with an attorney as soon as possible. Wrongful death cases are especially difficult for the surviving family members.  The last thing you want to do is file a claim for the truck accident that killed a loved one, but in some situations your rights may be for ever lost if you fail to make a claim within six months. 

WHO CAN MAKE A CLAIM

            Anyone injured by the carelessness of another in a car accident or truck accident may make a claim, and the same is true of other accidents. In wrongful death cases the rules area little more tricky, almost the same inheritance rules apply, it is generally the surviving spouse or children if any, and if none the surviving parents of the victim. Truck accidents, as well as car accidents resulting in  a wrongful death case, especially when more than one person dies results in unique questions, but a quick answer in determining which parties have an interest can be obtained by consulting with an attorney.

HOW MUCH IS YOUR CASE WORTH

             Car accidents, truck accidents, bus accidents, boating accidents, dog attacks and dog bites all have different values.  The reason is that society places a different value depending on the type of accident or injury causing event.  It really depends, an attorney cannot promise or guarantee any type of outcome, and an attorney cannot estimate the value of a case until he has had a chance to review the type of injuries and the severity of the injuries regardless of whether it is a car accident, a truck accident, a dog bite or any other injury causing event. The severity of your injuries will be unknown until you have reached a stable condition.   Sometimes the injuries are soft tissue injuries, sometimes they are not.  The best an attorney can do immediately following your accident is determine if you have a case and help you do all the right things to insure your rights are protected. Avoid attorneys that estimate the value of your case without evaluating and analyzing your evidence first.  If you wish to have your case evaluated call our office and set up an appointment to have your case reviewed, there is no obligation.

HOW DO YOU CHOOSE A LAWYER

            One of the best ways to choose a car accident lawyer, a truck accident lawyer, or any personal injury lawyer is to get recommendations from your friends or family. The alternative is to rely on advertisements such as this one and interview the attorneys over the phone.   When you call the lawyer, did you get to talk to him?  Did you tell the lawyer enough information about your car accident, or truck accident?  When you call and the lawyer does not talk to you or return your call, it is unlikely things will get better.  Personal injury lawyers are not in short supply and it does not matter whether it is a car accident, a truck accident, a wrongful death claim, a dog bite or something else. There are plenty to choose from and if you are unhappy you may be able to find another accident lawyer to take your case. As a rule the smaller your case, such as a whiplash injury, the fewer attorneys that will be interested in your case. So if your case is smaller then make sure you choose right the first time as it will get harder or impossible to change an attorney at a later time.

            Do not shop for car accident lawyers, or truck accident lawyers or any personal injury lawyer on price. They are cheap for a reason. If he is going to represent you and a couple of friends a discount may be appropriate, but if the only client is you, then it makes no sense.  Do you really want to choose the cheapest attorney for you whiplash injury? Car accident, truck accident, and dog bite lawyers that advertise heavily on television are generally too busy to give your case much attention, but you can confirm for yourself by calling if you feel inclined to do so.

            Attorney experience may be a factor, but don’t assume the attorney with 25 years experience is better than the one with 2 years. Some attorneys get lazy as they get older and some don’t keep up with the law. Some with many years of experience are too busy to keep up with the law or to give you good personal attention.  Also don’t assume the attorney with 25 years experience is one with 25 years handling car accidents, truck accidents, dog bites, or other personal injury claims.  Some have been practicing criminal prosecution for many years and know very little about truck accidents or other civil matters.  Talk to them over the phone, if they are not available over the phone during your first call they are less likely to be available to you once you become a client. Ask questions over the phone and listen to their answers, if they promise or guarantee the outcome of the case, or tell you what the outcome will be, avoid them. In California it is illegal to make promises or guarantees as to the outcome of the case.

ATTORNEY FEES

              Most personal injury attorneys work on a contingency fee basis, especially if it is a car accident or a truck accident or even a dog bite case. They will not charge you until the attorney settles your case or wins it for you at trial. By working on a contingency basis personal injury attorneys bear the risk of receiving little or no compensation.  Sometimes personal injury attorneys lose money out of their own pocket. On rare occasions some personal injury attorneys put so much of their time and money into a case that is later lost and they go bankrupt. All cases do involve costs as well as fees, and probably all attorneys separate costs from fees. Costs include such things as process server fees, copies, court filing fees, court reporter fees, long distance phone calls on your behalf, and postage for things sent out on your behalf.  Defense attorneys are paid by insurance companies or big companies and often charge as much as $350 an hour in 2007 money.  Defense attorneys receive a regular salary every month, plaintiffs’ attorneys don’t and often do other kinds of work to off-set the months of no pay.

TORT REFORM

             You may have heard the phrase “tort reform.” This is basically a movement intended to take away the rights of injured victims in the interest of protecting big business and insurance companies. What has fueled the movement is probably the big verdicts often shown on television and other media. The public generally believes big verdicts are always being awarded and often even injury victim expectations are raised because of this. The reality is that most verdicts are modest. While tort reform may seem like a good idea, it is without any real logical backing. Insurance companies are doing well and only have hard times when they mismanage the millions in premiums they collect from people like you and me. Juries are made up of normal everyday intelligent people like you and me, and juries tend to do the right thing. Minor injuries result in minor verdicts and sometimes no money is awarded to the plaintiff. We have seen cases where victims are awarded nothing and sometimes as little as $50. Cases are also very expensive to litigate and experts called by plaintiffs costs thousands. Sometimes a $10,000 award is not enough to cover all the expenses the plaintiff has incurred. There is also a provision in the Civil Code that provides for an offer to compromise. Either party may make an offer to compromise.  If it is rejected, and the case goes to trial, the party who rejected the offer in compromise must do better at trial or risk having to pay the other party for all the costs associated with the trial. In small verdicts, after off-set for the costs, the injured party often has to pay the insurance company! It happens all the time.

              Even though the courts are generally swamped, it is not because of personal injury claims. The majority of cases and motions are in other areas of law such as family law. Divorces and child custody fights account for a very large portion of the courts time. Personal injury claims have actually been declining over the years. As cars and products are made safer fewer and fewer personal injury claims are filed. In the years 2003-2004 in California for example, only 57,846 personal injury cases filed in Superior Court compared to over 466,000 family law cases. You can double check the actual statistical data by going to the California Courts website at:
http://www.courtinfo.ca.gov/reference/3_stats.htm

TRAFFIC ACCIDENTS Q&A

Q: I have medical insurance that paid for everything, do I have rights?
A: Yes

Q: I didn’t break any bones, but I have a lot of pain, would a lawyer even be interested in talking to me?
A: Yes, an attorney will be able to tell you if it’s worth your while to hire an attorney.

Q: My friend is not a legal resident and we got rear ended really hard, does he have any rights?
A: Yes

Q: My friend is from Japan and broke his leg, but has to go back in two weeks, will he lose his rights because he can’t stay to make a claim?
A: No. He can still make a claim and arrangements can be made by the attorney.

Q: I had an accident in Mexicali with another California resident can I sue him in California?

A: Yes