Heather Lorraine Poole A knowledgeable and experienced personal injury lawyer will know how to build your case, negotiate your case with an insurance company, and if necessary, take your case to trial. While you can negotiate your claim with an insurance company yourself, insurance companies usually will do everything they can to take advantage of you and pay lowest possible settlement, while trying to get statements from you that will damage your position if you do decide to sue.
Insurance Claims. California follows an “at fault” system for insurance claims – meaning that the other party’s insurance may provide compensation only if the other party had some fault in the incident.California is a “pure comparative negligence” jurisdiction, where compensation via a settlement or a lawsuit can be affected by the percentage of fault the other party had in the incident. For example, if it was determined that the other party was 70% at fault, he is liable for 70% of the damages.Statute of Limitations. If you’re seeking damages through a lawsuit, it’s important to note that there are strict statutes of limitations depending on the type of suit. You have 2 years for personal injury lawsuit and 3 years for property damage lawsuits from the date of the accident. If a government agency was involved, such as a postal service driver, you have 6 months.Compensation Limits. Generally, there are no limits to recovery to most drivers. Limits only come into play if you are an uninsured driver or were driving under the influence at the time. In these cases, the injured person may not seek recovery of non-economic damages – any damages that are not quantifiable by a set worth. This includes pain, suffering, inconvenience, and permanent disfigurement.
Distracted Driving. One of the biggest concerns in driver safety is the rising prevalence of distracted driving. In 2016, distracted driving caused more than 390,000 injuries according to the National Safety Council. Any action you take that otherwise diverts focus from the road counts as distracted driving, and includes actions such as eating, drinking, reading, talking to strangers, or messing around with the radio.Phone Use. Data shows that in the U.S., there are more than 660,000 drivers using cell phones while driving at any given moment. Texting while driving is the biggest concern of late, especially in San Diego County. According to the San Diego and Chula Vista police departments, nearly 3,000 citations were issued in 2016 for smartphone use while driving.Driving Under the Influence. As much publicity as driving under the influence receives, you would think the numbers would subside. Sadly, though, people continue to operate their vehicles while under the influence of drugs or alcohol. In San Diego County alone, driving or bicycling under the influence injured 9,535 people and killed 305 victims between 2010 and 2016. Driving under the influence contributed to more motor vehicle fatalities in the county than any other moving violation.Improper Turning. Drivers making unsafe or improper turns contributed to 32,321 collisions during the same time frame and led to 293 fatalities.Unsafe Lane Changes. Unsafe or negligent lane changes led to 10,102 collisions in San Diego County.Other Causes. Other leading causes include driver fatigue, reckless driving, rubber-necking or gawking, defective car parts, bad weather conditions, and unsafe roadways.
Should I release my medical records to the insurance company? Killackey Law Offices, APC Drivers often report mild or severe injuries to the face as the result of impact with another vehicle. Examples include broken or bruised cheekbones, broken noses, burns from airbag impact, and concussions.
Failure to observe the speed limit is another example of a traffic violation, but it so commonly plays a role in car accidents that it merits its own discussion. According to the National Highway Traffic Safety Administration, speeding is a factor in nearly a third of all serious auto accidents.
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