LOS ANGELES, CALIFORNIA – A 3-year-old girl whose skull was fractured by a line drive during batting practice at Dodger Stadium was scheduled for surgery on Tuesday. The accident that caused the surgery occurred Monday when Dodgers catcher Russell Martin hit a line drive in the stands near third base. It hit the girl and knocked her unconscious according to Dodgers spokesman Joe Jareck. The girl was sitting with her father at the time and he rushed he to the first aid station. The Fire Department subsequently transported the girl to ...
ENCINITAS, CALIFORNIA – A bus rider called the Sheriff’s Department Tuesday when he thought the driver was under the influence of alcohol. Deputies stopped the bus, route 309 from Oceanside to Encinitas, at around 4:30 p.m. The bus was heading east on Encinitas Boulevard near Calle Magdalena at the time. According to the Sheriff’s Department, the deputies determined the driver showed signs of being under the influence of alcohol. They subsequently conducted field sobriety tests. Based on the results of those tests, the 40-year-old driver was booked on suspicion of driving ...
An accident in Riverside can happen anytime, anyplace, resulting in major and occasionally fatal injuries. If an accident has happened to you or maybe a family member, an accident attorney can describe your rights and any prospective liability for those involved. Numerous questions may be working through your mind, such as: Who is at fault? What if it was a family member in the car accident? What about accident insurance?
Should I contact a Riverside accident lawyer?
If you or a loved one was in an accident, one of the major items one will need to establish is who was responsible for the accident. The degree of fault regarding each party involved in the accident is THE most vital component in any automobile accident lawsuit. This determination will differ depending upon the condition you are in and that state’s laws on disregard.
The level of negligence of each element in an crash will decide who was to blame and who will be accountable for any accident injuries or wrongful death claims. Commonly, a state will follow one of the following negligence theories, which an accident attorney can explain further: comparative disregard, genuine comparative fault, or proportional comparative fault.
Why Should I Hire a Riverside Accident Attorney?
An accident lawyer will be able to help you through your hard time, giving help by dealing with insurance companies and other automobile accident parties or companies, so you can take the time to focus on recovery. After an accident you will probably have numerous questions and concerns. Occasionally the accident laws of your state can be complicated.
An accident lawyer will help explain the accident laws and regulations and incident reports to you so you know and comprehend your legal rights.
An accident attorney will be part of an incident law firm that will be able to offer you valuable viewpoints concerning your situation and details on how to cope with your injuries. The accident law firm will gather details with regards to your accident necessary to develop a highly effective case and obtain payment for your injuries. In addition, a big aspect of incident situations will involve interaction with insurance companies, other attorneys, and other parties.
Often, when an accident lawyer is the one speaking with the company or other lawyer, they will obtain more critical and complete responses compared to if you were getting in touch with them. Working with a Riverside Accident lawyer can help resolve your incident situation quicker, with less pressure and worry.
Car Accidents Overview – Lawyers and Law
Almost everybody will be involved with a automotive automobile accident at some point in their lives. While hopefully your automobile accident won’t bring about critical accident injuries, motor vehicle collisions can have potentially serious and even deadly consequences. An vehicle accident can also give rise to liability – you may be able to take legal action against the driver who brought about the incident. As such, it is beneficial to learn more about motor vehicle accidents, car accident lawsuits and how an incident lawyer can assist.
How Common Are Car Accidents?
The statistics overseeing automobile accidents are somewhat worrying:
Types of Collision Injuries
There are numerous various causes for automobile accidents, each of which are likely to lead to a wide range of injuries. Many of the most frequent auto accidents that arise include:
How an Auto Accident Attorney Can Help
If you have been injured in a Riverside Accident, please give us a call today for a no cost, private consultation with a knowledgeable Riverside Accident lawyer. (CALL TO ACTION, H2)
No matter the particular cause of your motor vehicle accident injuries, a truck accident lawyer can assist you to show wrong doing and collect the damages or injuries you deserve.
Attorneys can be especially helpful when injuries like whiplash or injuries concerning hospitalization are involved. Car insurance companies will attempt to shell out as little as possible, and a lawyer can assist you to accumulate evidence and defend your legal rights by interacting directly with your insurer or by helping you to file a motor vehicle accident lawsuit.
Car Accidents – Who is at Fault?
Fault is one of the largest, if not THE most critical element, in any accident claim. The individual at fault is the individual whose carelessness triggered the automobile accident, and that is the individual who usually must pay for the harm caused by his or her neglect. If the conditions surrounding your car accident make it obvious that one individual was obviously at fault, then read no further! One of the associated articles detailed below should be your upcoming step.
If, however, liability is not entirely obvious or if there is shared fault, then fault is apportioned among the individuals established by the specifics of the legislation in your state (see below) on relative or contributory negligence. When liability is mutual in an automobile accident, it is the insurer’s turn to establish the comparative percentages of fault of the people involved.
What is Comparative or Contributory Negligence?
Historically, if two persons were associated in a car accident and the harmed party was even the slightest bit at fault, the person would not be permitted to regain anything for his/her injuries or deficits. This approach of figuring out damages is known in legal circles as pure contributory negligence.
For example, say Luke and Martin were involved in an car crash. Luke hit Martin’s vehicle while making a left turn onto a 2-lane street at night. Luke didn’t notice Martin’s vehicle because it was night time (and a dark one at that), Martin was not driving with his front lights on. Under a pure contributory negligence theory, Martin cannot recover damages for his injuries because he was partially at fault for the accident. Sound pretty harsh? Actually, a few states still adhere to this particular law (Alabama, District of Columbia, Maryland, North Carolina and Virginia).
But most states now use some proportional type of comparative negligence that allows a hurt party to get back some damages for his or her injuries, even if he or she was partly at fault. There are presently three variations: Pure comparative fault; proportional comparative fault at 51%; proportional comparative fault at 50%.
Pure Comparative Fault
In states that have adopted pure comparative fault as a measure of damages or injuries, if an hurt person is somewhat at fault for causing his own injuries, his damages are reduced by the percentage of his fault.
For example, say Michelle was injured in a accident for which she was 80% at fault. Damages for her injury amount to $10,000. Michelle will be eligible to recover $2,000 for her injuries, that is, $10,000 less 80% or $8,000 for her percentage of fault.
States: Alaska, Arizona, California, Florida, Kentucky, Louisiana, Mississippi, Missouri, New Mexico, New York, Rhode Island, South Dakota and Washington.
Proportional Comparative Fault at 51%
The states that have adopted proportional comparative fault bar recovery if you are more than 51% at fault for the incident. In other words, you are unable to file a liability claim and lawsuit towards the other driver’s carelessness if you were more than 51% at fault.
For example, Dennis hit Teri’s car while traveling in excess of 25 miles per hour over the speed limit while Teri was making an attempt to cross the road. Even though Teri was somewhat at fault for not looking until the road was totally clear before crossing, the insurance company allotted fault to Dennis at 60% due to his increased speed. Even though Dennis sustained a broken arm from the accident, he is not entitled to recover for his injury due to the fact that he was more than 51% at fault for the accident.
States: Connecticut, Delaware, Hawaii, Illinois, Indiana, Iowa, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, Ohio, Oregon, Pennsylvania, South Carolina, Texas, Vermont, Wisconsin and Wyoming.
Proportional Comparative Fault at 50%
In states that have implemented the 50% bar standard in attending to car crash claims, a hurt person that is less than 50% at fault for the accident is entitled to compensation. If the injured party is 50% or more at fault, he or she is not entitled to recovery for the injury.
For example, Richard and Susan unintentionally hit each other’s cars while backing out of their parking spaces at exactly the same time. Both were not looking meticulously enough when they backed up, and so both were considered just as at fault for the accident. Neither one will be entitled to damages since both were 50% at fault for the accident.
States: Arkansas, Colorado, Georgia, Idaho, Kansas, Maine, Nebraska, North Dakota, Oklahoma, Tennessee, Utah and West Virginia.
How is Percentage of Fault Determined?
Following an accident, it is the job of the insurance company claims adjuster to assign the relative degrees of fault based mostly on the conditions encompassing the accident. There is no top secret mathematical method for figuring out percentages of fault in accident injuries. You and the claims adjuster will negotiate and arrive at some agreement as to what, if any, your allocated fault is.
Here is where a highly skilled personal injury attorney can be useful. He or she will know how to evaluate the accident and advocate for the lowest percentage of wrong doing on your account. If you and the insurance adjuster reach an impasse, a court of law is ultimately your next step to take care of the issue of fault.
Fault and Car Insurance
Insurance companies often provide extra coverage/protection (for extra money) to aid pay for property damage and/or personal injury and medical expenses regardless of fault. So if you are seriously injured in an accident that was mainly your fault and you are not entitled by law to compensation from the other person’s insurance, but you have extra coverage under your own plan, your own insurance company will pay for your injuries.
This extra insurance policy coverage is called PIP (personal injury protection) or No Fault coverage. Under this situation, you would file a liability claim with your own insurance carrier for medical costs and lost income, up to a specified maximum, without any discussion or difference about the circumstances of the accident and who was at fault.
Whether you can file for further costs against the other individual who was at fault in the automobile accident is dependent on your state’s laws. In many states, Uninsured/Underinsured coverage is required. This provides coverage for damages ensuing from an accident with someone who either has no insurance or does not currently have enough insurance to cover your expenses. It also helps to protect you if the other person flees the scene following the accident or is a driver of a stolen automobile.
Beyond the injuries suffered, the degree of fault is probably the most vital point in figuring out exactly how much you may ultimately regain for your accident injury. In most instances, both you and the insurance company will know (by the conditions surrounding the accident) the degree of fault for both parties. Was the other party entirely at fault? Mostly at fault? Or only a little at fault?
If you are in a comparative fault state, an insurance adjuster will decrease your recovery amount by your percentage of comparative fault. If you were only 10% at fault, your damages total will be lowered by 10%. Your recuperation will not be reduced by any amount if the accident was clearly someone else’s fault.
Why a Riverside Accident Attorney Is So Important
If you have gotten this far in your life without getting into some sort of accident, then you should consider yourself lucky. By the time most Americans are in their thirties, they have been in at least one auto accident or other type of accident that has caused them moderate to severe injuries. Perhaps you are living a sheltered life, or maybe you are just lucky, but if you haven?t been injured then you are actually in the minority.
An accident attorney will work on your behalf to make sure that whoever is responsible for the accident is required to pay for the damage that has been done thus far and into the future. For instance, if you are injured to the point where you can no longer walk, you will be dealing with your current medical bills and probably bills for many more years? worth of doctor?s appointments and surgeries, but you will also be losing out on your earning power. A qualified accident attorney will help to make sure that you and your family are not left stranded without a bread winner and with medical bills that go unpaid.
An accident attorney will work to negotiate on your behalf to make sure that you get the best settlement possible. Remember, you are not just asking to be paid for the medical bills that you have incurred so far. Even with some of the most minor injuries, you may have years? worth of doctor?s appointments that need to be paid for. In addition, the loss of wages and loss of future earnings can really add up if you are laid up in the hospital or at home for a significant amount of time.
Some people who are involved in accidents tend to think that they brought it on themselves, and so they do not seek out the assistance of an accident attorney. Before you make that decision for yourself, talk to an accident lawyer who can help you look at the entire accident from an unbiased point of view. If they believe there is reason for another party to compensate you, accident attorneys will be able to tell you. When you have a case, there will be no shortage of accident attorneys wanting to speak to you.
When you are injured, your first move may be to take the first settlement that is offered to you by an insurance company. Before you do this, make sure you talk to a Riverside accident attorney. They will more than likely tell you not to take that settlement and help you get one that is more appropriate for the level of injuries that you have received. They will also have a better idea as to what the long-term financial needs of you and your family will be.