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Trial

Black’s Law Dictionary estimates that only four to five percent of personal injury cases ever make it to trial. Very few cases ever do make it into a courtroom. Most reach an out-of-court settlement. This is due to two things. First, according to the Bureau of Justice Statistics (BJS), about half of all civil cases lead to a positive outcome for the plaintiff. Second, it’s time-consuming. It can take months or even years to battle a personal injury case in the courts.

Even if you do go to court, it’s uncommon to win a large amount of money. The BJS estimates that about 4 out of 100 trials actually result in compensation of more than $1 million. The median award is around $28,000. Personal injury cases involving products tend to have better outcomes.

Does this mean you shouldn’t bother filing a personal injury lawsuit? Not at all. If you’ve been injured or harmed and it’s clearly someone else’s fault, you should never have to suffer financially. It’s important to talk to an experienced attorney about your situation and see what the attorney has to say.

Continue reading “Will My Personal Injury Case Go to Trial?”

Bike Accident

When you’re in an accident on your bicycle, call the police. Of course, if you’re badly injured, you’ll have to rely on a witness to do this for you. If you feel fine, you still must call the police. You might find more damage to your bicycle than you first thought. You don’t want the driver to leave without having a way to get hold of that driver down the road.

That said, the very second thing that should be done is to be checked by paramedics. Remember that you’re going to be filled with adrenaline following an accident. You could have serious injuries and not realize it because the adrenaline is masking the pain.

Bicycle and vehicle collisions are not uncommon. In just Los Angeles County, 4,139 bicyclists were injured or killed in traffic collisions in 2016. That’s just one county. If you look at a few other counties and cities, Orange County had 1,156 injuries and deaths, Sacramento County had 665, and San Francisco had 597. If it happens to you, there are steps you should follow immediately after the accident.

Continue reading “What Should I Do After a Bicycle Accident?”

Motorcycle Accident

In 2015, approximately 8.6 million motorcycles were registered in the U.S. That same year, motorcycle riders suffered 88,000 reported injuries, and 5,029 fatalities were reported. When you’re on a motorcycle, there is very little protecting you from serious injury during a crash. Cars have a harder time seeing you. If there’s a crash, the clothing and helmet you wear are the only protection you have between the ground and other solid surfaces. Here are five shocking statistics about motorcycles and motorcycle accidents.

#5 – 35% of Riders Don’t Use a Helmet

Since 2000, protective helmet use has declined. In that year 7 out of 10 riders wore a motorcycle helmet. In 2016 and 2017, 65% of motorcycle drivers have worn a helmet. The year with the lowest usage was 2005 when only 48% wore one. This is shocking as the NHTSA and General Accounting Office report that riders wearing a helmet decrease the chances of dying in a crash by more than 70 percent.

Helmet usage is essential to your safety when riding a motorcycle. That helmet has to meet safety criteria and needs to be certified for safety. Many riders purchase novelty helmets thinking it will protect them from traumatic brain injury in a crash. That’s not the case.

If possible, look for helmets that have been certified by the Snell Memorial Foundation. While it’s not required of a helmet company, Snell Memorial Foundation tests look at:

  • How well a helmet performs when it hits different types of surfaces at varying speeds.
  • How much force is needed to damage the helmet’s outer shell?
  • If the helmet stays in place when it hits the ground or another surface.
  • If the helmet’s jaw piece stays in place when it’s impacted.
  • If the visor/face shield remains intact when an air pellet is fired at the visor from different distances.

Department of Transportation (D.O.T.) helmets must pass similar tests in order to gain the FMVSS218 certification. The difference is the levels at which pass/fail criteria are met. Snell requires helmets to withstand more force than the D.O.T. does. If your helmet doesn’t have certification from either of these agencies, your helmet is not safe enough.

After dropping your helmet or being in a crash, you need a new helmet. It’s recommended that you replace your motorcycle helmet at least every five years. This is to avoid normal wear and tear that can reduce a helmet’s ability to protect you. It’s also ideal as helmets continue to improve thanks to new safety features and technological advancements.

#4 – The Majority of Accidents Happen Between 3 and 9 p.m.

Just under 22% of fatal motorcycle accidents take place between 6 and 9 p.m. It’s dusk or dark at those hours, which can make motorcycles harder to see. Alcohol usage is also a reason for more crashes and fatalities at night.

For non-fatal motorcycle accidents, the hours of 3 to 6 p.m. are the riskiest with 23.1% of all accidents taking place. Busier roadways during rush hour and glare from the setting sun can impact driving in the late afternoon.

#3 – Most Crashes Occur in Intersections or on Curves

The Motorcycle Safety Foundation asked 100 motorcycle riders to record their mileage driven and accidents that occurred over a period of 2 months to 2 years. Of those 100 riders, 30 of the motorcycle accidents occurred on a curve. In multi-vehicle crashes, 37 of them involved being rear-ended.

Intersections and curves are the most common site for a motorcycle accident. A car coming around a curve that’s over the line is one issue. Motorcycles are better off avoiding being near the center of the lane when approaching and going around a curve.

Intersections are also problematic. Drivers may not notice you and start to make a turn in front of you. Make sure you’re visible to the car ahead of you by being in a visible location and not in a blind spot. Bright colors and reflective clothing will improve your visibility.

#2 – Older Riders Are More Likely to Be in a Fatal Motorcycle Accident

You might think of motorcycle accidents as being most common in younger riders. That’s not the case. Of the 4,976 fatalities in 2016, 36% of them were 50 or older. Riders 29 or younger were the second highest group and accounted for 29% of fatal accidents.

One belief is that older riders are more likely to have other health issues that increase the risk of complications following a motorcycle crash. Older riders are more likely to have high blood pressure, thinner bones related to aging, and less muscle mass.

#1 – Lower Extremities Are the Most Common Body Injury After a Motorcycle Crash

Whether a crash involving a motorcycle involves another vehicle or not, injuries to the lower extremities (legs, knees, feet, and ankles) are the most common area of injury. The upper extremities and neck take second and third place.

We hope you’re never in a motorcycle crash, but if you are, hire an experienced personal injury attorney. If the accident was the result of another driver’s error or poor road conditions that should have been repaired, KJT Law Group can help you get compensation for your motorcycle repairs or replacement and medical bills. Contact us for a free case evaluation today!

Pedestrian Accident

Did you know that most pedestrian accidents occur between the hours of 6 and 9 p.m.? About 3 out of 4 accidents where a car hits a pedestrian take place in the dark. This is why it’s so important to wear bright, reflective clothing. If possible, wear flashing lights that can be seen from different angles.

Children only account for 21 percent of fatalities and 9 percent of pedestrian injuries. People in the age range of 20 to 24 have the highest rate of pedestrian injuries. Fatalities happen the most in pedestrians between the ages of 50 to 54.

These are all statistics, but it’s become personal. You or someone you care about has been hit by a car while crossing the street. You need advice on what to do next.

Continue reading “Hit By A Car Crossing The Street? Here’s What To Do Next”

Personal Injury California

If you’ve been injured in an accident, or on someone else’s property, you may be entitled to compensation. But US personal injury law is not consistent across all states. In fact, there’s nothing whatsoever in federal law about personal injury. Personal injury cases are decided on the basis of tort law, which varies by state.

So, what if you’ve been injured in the state of California? Or what if you’re being sued for personal injury? Here’s a quick guide to what you should expect.

California Tort Law is Based on Comparative Fault

In most states, tort law falls into two different categories: fault, and no fault. In a fault state, the person who is directly responsible for the accident is responsible for paying all related bills. For example, if someone is injured on your property in a fault state, you have to pay all their medical bills. Conversely, in a no-fault estate, a person’s insurance company is responsible for paying the bills.

California is a bit of an oddball. It’s a comparative fault state, which means that a judge or jury must decide what percentage of fault each person is responsible for. So, for example, if you’re in an accident, and the judge finds you 25 percent at fault, you will pay 25 percent of your medical bills, and the balance will be paid by the other driver’s insurance company.

California Insurance Companies Have Generous Deadlines

When you’re injured in an accident, you need to notify the other person’s insurance company. In the most common case, an auto accident, this would be an auto insurance company. The company will then have 15 days to acknowledge your claim. Within this period, expect to get a call from an actuary who will ask you questions about your claim. They will ask to record your answers, but California is a two-party consent state. You don’t have to let them record if you don’t want to.

The company will then have 40 days to either accept your claim or deny it. Most likely, they will offer you a settlement for less than your actual damages. To get a more fair payment, you should contact an attorney. The attorney can negotiate on your half to get a better deal. Either way, once a settlement has been reached, the company will have 30 days to pay you. In the event that you can’t reach an acceptable settlement, you’ll need to proceed with a lawsuit.

The California Statute of Limitations is Three Years

Not all injuries are immediately apparent. For example, a back injury such as a slipped disk can take months or even years to fully manifest. In California, you have up to three years to file a personal injury claim. A court can waive this requirement under certain circumstances, but you’ll need a qualified attorney to get that done.

Your Odds are Better With an Attorney

Regardless of whether you’re filing a claim or being sued, it’s a good idea to hire an attorney. The fact is that insurance companies have staffs of high-powered corporate lawyers who know insurance law like the back of their hands.

Odds are, you don’t have the legal expertise to take on this challenge by yourself. You need a professional attorney, someone who knows tort law just as well as the insurance company’s team. By hiring the right law firm, like the KJT Law Group, you’ll be well-equipped to handle any challenge the big corporate teams can throw at you.

If you’re in need of assistance, contact us online for a free consultation. Alternatively, you can email us at info@KJTLawGroup.com, or call us at (818)-507-8525. Our team is ready and willing to help you can get the justice you deserve.

Personal Injury in California

Being injured, even relatively mild injuries can cause serious disruption to your life and overall wellbeing. Personal injury laws exist to help people make a claim against the costs and disruption caused by an injury when that injury was caused by someone else’s carelessness, negligence, or recklessness.

In some cases, omitting critical information that causes someone to be injured, or even come kinds of intentional acts that cause someone to be injured, can both fall under personal injury law.

Personal Injury cases aren’t criminal cases in California. Instead, Personal Injury laws provide a way for victims to press civil liability to recoup financial, physical, and emotional losses.

While a personal injury suit can’t help you heal faster or undo the damage, successfully pressing a personal injury case can help you get the resources you need for medical bills, and may also cover lost income and assign a monetary compensation for pain and suffering.

What Falls Under Personal Injury Law in California?

One of the most important things you need to know about personal injury law is what kinds of situations qualify for personal injury cases. There are many situations that might justify a personal injury case, and it’s likely that many people don’t receive adequate compensation because they don’t know that they have a good case.

Of course, every case depends on the details, which can be best evaluated by a lawyer. But if you find yourself in one of these situations, or a similar situation, it’s a good idea to contact us for a consultation to see if you have a good case.

Common Personal Injury Claims:

  • Auto Accidents
  • Bike Accidents
  • Dog bite cases
  • Medical Malpractice (may also fall under other legal categories, depending on the case)
    • Medical malpractice suits also have strict reporting requirements. If you suspect you might have been a victim of medical malpractice, you must contact a lawyer as quickly as possible.
  • Manufacturing defects that caused injury to the consumer
  • Negligence directly resulting in injury
  • Slip and Fall accidents (in public and private spaces)
  • Construction accidents
  • Etc…

These kinds of claims aren’t cut and dry. While you might have a situation that looks like a personal injury case, there might be mitigating circumstances that change the situation.

For instance, dog bite cases might be harder to pursue if the victim was actively antagonizing the dog immediately before being bitten. If you’re bitten by a dog on a property with guard dog signs or other warnings of a potentially aggressive or anti-intruder trained animal, that may also affect your case.

Here’s another example. Your friend is renovating their house and knows that one area of the floor is weak and can’t be walked across yet. You come over to visit, walk across the damaged section of floor, and it gives way. You fall and are injured in the process. Your friend might be liable if they didn’t tell you the floor was weak.

But if your friend told you, and you walked across the floor anyway, they probably aren’t liable for the injury.

That’s because your friend might be considered negligent if they didn’t tell you, but if they did, it’s likely that they would be considered to have taken reasonable precautions to prevent the injury from happening.

Understanding Negligence:

California uses a pure comparative system of negligence. That’s because there are different levels of fault in different personal injury cases. Sometimes the defendant may be deemed 100% liable for the injury.

But if multiple parties were negligent, liability is spread between them according to how responsible each individual was for the injury.

The person who is injured in a personal injury suit can also be considered partially liable if they didn’t listen to warnings or posted signage or ignored obvious indicators of risk.

The Statute of Limitations:

California has a 2-year statute of limitations for most personal injury claims. Some, like medical malpractice claims, have much shorter periods, and you’ll need to move faster in those cases.

Also, if the defendant is a government entity, under California state law you only have six months to file an injury claim and may have to follow additional procedures to press your claim.

California also protects you if you don’t immediately realize that you’re injured. If you discover an injury later, and that delay makes it difficult to file your injury claim within the statute of limitations, you may qualify for an extended statute of limitations. In that situation, you have up to 1 year after discovering the injury to file your claim.

Getting a Trusted Opinion:

Personal injury cases are many and varied, and if you don’t have the help of an experienced personal injury lawyer it can be almost impossible to know if you have a good claim. KTJ Law Group offers free case evaluations specifically to help you decide if you want to move forward with a case.

Having an experienced and professional team will help ensure you get the compensation you deserve and help clear the roadblocks along the way. Call us at (818) 507-8525, or email info@KJTLawGroup.com to get started with a case evaluation.

The sooner you reach out, the sooner we can help.

Wrongful Death

The wrongful death of a family member can feel debilitating, scary, and stressful. The comfort of your loved one is gone and so is their financial and emotional support.

However, in your case fits the criteria for wrongful death under California law, you may be entitled to compensation.

The California wrongful death law, (under Civil Code of Procedure 377.60,) allows particular family members of the deceased to collect damages in the case that the deceased passed due to someone else’s wrongful actions.

This law is similar to that of action taken due to “loss of consortium,” which is an action taken when a spouse or legal domestic partner is left without the intimacy, companionship, and livelihood of a partner who is still living, but unable to provide those features due to someone else’s wrongful act.

In case of a wrongful death action, the surviving family can request to have damages recovered. These damages can include funeral expenses, income the deceased would have provided the surviving, and compensation for loss of companionship to the surviving.

Who Can Sue For Wrongful Death Under California Law?

Continue reading “California Wrongful Death Law”

Personal Injury Attorney

What is a Personal Injury Case?

In a nutshell, a personal injury case can be claimed whenever one person is harmed from an accident or injury because of the actions of another person. The accident doesn’t have to be intentional, of course. But someone could still be on the hook for personal injury medical expenses and more under many circumstances.

Personal injuries can be devastating to those who suffer them. These types of claims cover a wide variety of injuries and ills, including:

  • broken bones
  • slip and fall injuries
  • burn injuries
  • automobile accidents and associated injuries
  • traumatic brain injuries
  • and much more

As a result, those who suffer personal injuries may need to press a claim against another individual in order to receive damages to help them recover from the incident.

Continue reading “California Personal Injury Attorneys”

Rideshare UBER LYFT ACCIDENT KJT LAW GROUP

When you’re driving yourself and get in an accident, your insurance will typically cover you for any personal injuries. Similarly, if you’re taking a taxi, you’ll be covered by the taxi company’s insurance. But what if you’re taking an Uber, a Lyft, or another rideshare vehicle? These are new, uncharted waters. Thankfully, there are already laws in place to keep you protected. Here’s what you need to know about insurance coverage in a rideshare vehicle.

What California Requires

In the state of California, rideshare companies are required to provide certain protections to their riders. In fact, the rideshare company itself is required to carry a $1 million liability insurance policy. This is in addition to any liability coverage your rideshare driver may be carrying. But even if the driver isn’t following the rules, the rideshare company itself is still going to have you covered.

For rideshare drivers, your insurance coverage is going to vary depending on which company you’re driving for. Uber offers $1 million of coverage, with a $1,000 deductible. So you’ll need to pay $1,000 out of pocket if one of your passengers is injured. Lyft’s coverage comes with a $2,500 deductible, so you’ll have to pay more out of pocket if you’re driving for them.

Continue reading “What to Do if You’re Involved in an Auto Accident While in a Rideshare (UBER/LYFT)”

Self Driving Car

You may have heard the news: An Uber Technologies Inc. autonomous vehicle was involved in an accident in Arizona. A human driver in a Honda CRV turning left at a yellow light hit the self-driving Volvo as it was crossing the intersection. Though the Volvo flipped onto its side after hitting a pole, no serious injuries were reported.

Accident investigators found the human driver to be at fault. The artificially intelligent (AI) vehicle was traveling just under the speed limit, and the employee “behind the wheel” stated he saw the Honda driver but did not have time to react.

Continue reading “Yes, Fully Self-Driving Cars Are Coming To California”

Pedestrian Walkway

Regardless of the established rules and regulations for a pedestrian’s right of way, negligent and inattentive drivers are still hitting people walking or crossing our Southern California streets, causing serious and sometimes catastrophic injury. We have all experienced drivers that fail to acknowledge basic rules of the road when they encounter someone walking across a street.

Why Pedestrian Accidents Occur

In California, pedestrians have certain rights, such as; drivers are required to stop for pedestrians at all crosswalks (whether unmarked or marked). Here are the most common factors involved in pedestrian accidents:

Continue reading “What YOU Need to Know about Pedestrian Accidents”

Truck Accident

Despite what you may have heard or read, all motor vehicle accidents are not treated equally by the law. A truck accident is defined as vehicle crashes involving 18-wheelers, tractor trailers, semi-trucks and other commercial motor vehicles that cause personal injury and/or property damage.

It was reported by the Federal Motor Carrier Safety Administration, “accidents that involved large commercial trucks accounted for 287,000 property damage claims, 77,000 injuries and 4,321 deaths over the course of a single year.” Comparably, medium to large trucks are responsible for a very small segment of the accidents that take place on highways; but their large size causes more serious damage and the accidents are more likely to be catastrophic. Motor vehicles that collide with large trucks see much more damage to their vehicle. Another big difference is in terms of settlements after an accident. The amount of effort and costs associated with investigating and pursuing the remedies in a trucking accident are more complex and more expensive.

Continue reading “Truck Accidents Versus Auto Accidents What You Need to Know”

Motorcycle Accident

Simply- what you do after a motorcycle accident can have a significant impact on your ability to maximize the compensation you receive for your injuries.

What you should do to protect your interests after a Motorcycle Accident

The most important thing to do when you sustain a motorcycle accident injury is to seek medical attention. There is nothing more important than your health and well-being.  Brain injuries, spinal cord injuries, burns, road rash, and disfigurement and amputations are common injuries in motorcycle accidents. It is important to have any injuries documented by the emergency room or hospital staff. If possible, have them document that the injuries were caused by a motorcycle accident.

Continue reading “What Do I Do After a Motorcycle Accident?”

A stopwatch

If you have been injured due to a negligent act of another person, you can file a personal injury claim to recover compensation for any medical expenses, lost wages, plus pain and suffering. In California you have two years to file a personal injury lawsuit in the state of California. The two years begins on the day that you sustained the injuries. So act quickly, don’t wait!

Two years to file applies to almost every type of personal injury case from: including product liability cases, car accidents, slip and falls, truck accidents and dog bites. If you are injured and do not know it, most courts will usually allow you to file a personal injury lawsuit within two years from the date that you first discovered your injury. Plus, the court requires proof in the form of medical records that clearly shows why you did not discover the injury right after the accident. Without proof, it is possible you will not be permitted to move ahead with your lawsuit.

Continue reading “What you need to know about the Personal Injury Statute Of Limitation In California”

Have you been in a car accident?  Do you have to deal with an insurance company? Here are 4 benefits you will receive and gain by working with a personal liability attorney after your accident-

  1. More Compensation

According to various studies, personal injury victims that allow an attorney to handle the negotiations with the insurance company tend to receive more compensation, than if they were handling it themselves. One study found that plaintiffs working with an attorney were able to recover 3.5 times more in compensation.

Continue reading “4 Benefits to Hiring a Personal Injury Attorney after a Car Accident”

If you are a car accident victim in California, you are legally entitled to compensation for your injuries. To obtain compensation, you must file a personal injury claim against the at-fault driver. But don’t wait forever. The length of time victims have to take is called a statute of limitations, and it varies from state-to-state. So, if you are in California and have an accident, here’s what you need to know-

Statute of Limitations- Car Accident Cases involving Injuries

If a negligent driver injures you, you can recover compensation for lost wages, medical expenses, and pain and suffering. The statute of limitations for filing a personal injury lawsuit is two years from the date of the car accident. But don’t wait too long… 2 years may seem like a long time… but it comes quicker than you think.

Continue reading “Is there a Statute Of Limitations On Car Accident Cases in California”

Money Moves

Per a CDC report, the full cost of vehicle accidents in 2015 came to more than $63 billion. This included the cost of medical bills, lost productivity with workers, and expenses related to deaths. The financial impact of a car accident is tremendous. When you’ve been in a crash, there’s more to it than medical expenses and lost productivity.

A Claim Takes Time

California regulations require insurance companies to respond to you within 15 days of receiving the claim. They have up to 40 days to investigate the claim and accept it or deny it. Once the claim is approved, the insurance company is supposed to issue payment immediately, but it legally has up to 30 days from the date the settlement offer was accepted.

What this means is that close to three months could pass before you get the money to replace your car or pay for the repairs. In that time, if you didn’t have rental coverage, you could be without any transportation. Getting to and from work, even if you’re healthy, may be challenging. The loss of income could lead you to skip buying groceries and other expenses that have to be paid immediately.

That’s if the settlement offer is even fair. It could sound reasonable until you buy a replacement car and end up struggling to find a car in the same mechanical shape as yours. A car with the same value may not have new fuel and brake lines as your car did. It may not have new winter tires on separate rims that cost you hundreds of dollars.

Another issue people run into is having to deal with the interest on credit cards they’ve used to cover expenses until the settlement arrives. That interest may build quickly and not be factored into the settlement figure.

After an accident, you should see a doctor and make sure you’re okay. The medical expenses are just one factor. You may have to take time off work while you heal. You’ll have no car while it’s being repaired or replaced, so you could need a rental.

Your choice may be to take time off work without pay, which can drive you into debt. You also have the cost of a new car or repairs. These are covered by insurance, but it may be weeks or even months before you receive a settlement check. Can you go that long without buying groceries, paying rent, or paying your bills?

How Do You Maximize Your Settlement?

Knowing the possibilities when it comes to the financial impact, how do you maximize a car accident settlement? You need to start at the beginning. From the moment the accident happens, document everything.

If you have a dashboard camera, save copies of the video before and during the accident. This video footage will help determine exactly what happened. It can show the speed the other driver was doing, the signage in the area, and potential witnesses in the area. Take photos after the crash, if possible. Get close-ups of the damage to your car.

Don’t ignore your health. Even if you feel fine right now, you may not feel great hours after the adrenaline wears off. See a doctor and get checked. You could have fractures or sprains that don’t feel too painful right after the crash. As time passes, you may start to feel it. You should also be checked for internal injuries. Plus, you want to have a record of symptoms to watch for. If you develop neck pain in a day or two, you could have whiplash. Keep track of all of your bills and medical notes.

An insurance adjuster will look at your car and decide on the cost to repair the damage. If the damages are too high, the adjuster will look at the current value of that make/model in your area. Provide copies of all repairs you’ve made.

Most insurance companies will not reimburse you for aftermarket additions, but it’s worth fighting to get that extra money. If you installed a remote ignition system for cold winter days, you should say so and provide the cost and cost of installation. If you just had the brake pads and rotors replaced with professional-grade parts, say so.

Get names and contact information for anyone who witnessed the accident. Share this information when you call the insurance company. The more evidence you have to prove you were not the responsible party, the higher the odds of getting a great settlement.

Once you’ve gathered this paperwork and information, seek an expert’s opinion. Visit a lawyer who specializes in car accidents and can help you get the settlement you deserve. At KJT Law Group, every case evaluation is free. You’ll know if the first settlement offered by an insurance company is reasonable. If it’s not, we’ll explain why and let you know how we can help you. It never hurts to ask. Call us today at (818) 507-8525.

Sources:

https://www.cdc.gov/motorvehiclesafety/costs/index.html

https://www.insurance.ca.gov/01-consumers/105-type/95-guides/01-auto/hadaccident.cfm

 

what-do-i-do-after-ive-been-in-a-truck-accident

Looking at the National Highway Traffic Safety Administration’s statistics, light and large trucks accounted for a high number of crashes in 2016.

  • Fatal Crashes – 24,282
  • Injury Crashes – 1,639,000
  • Property Damage Only – 3,849,000

The cause of a truck crash varies. For smaller passenger trucks it could be just about anything from an impaired driver to speed. For large trucks (tractor-trailers), these five reasons were most common:

  • Brake issues
  • Not driving for the road/weather conditions
  • Not knowing the roadway
  • Problems with the roads
  • Over-the-counter medications

This covers any crash with a tractor-trailer. When it comes to crashes between a passenger car and tractor-trailer, the most common causes are:

  • Sudden traffic flow changes
  • Not knowing the roadway
  • Not seeing vehicles in blind spots
  • Speed
  • Illegal maneuvers

What do you do if you’re in a crash with a truck? There are three important steps to take straight off. Get the other driver’s information, take plenty of photos, and seek medical treatments. Those are just three of the things you need to do. Here are others.

File an Accident Report

Damage in a truck crash can be extensive. You probably need to call the police, but if you didn’t, make sure you file an accident report. You can do this at a local police station or some states allow online reports. You’re required to by law if the damage if over a certain amount. Repair costs can add up fast. According to Insurance.com, these are the five most common auto body repairs and their costs:

  • Bumper repair – $350 to $450 on a small sedan
  • Deep scratches – $1,000 to $3,500
  • Rear bumper replacement – Up to $10,000 if the frame is also bent
  • Suspension repairs – Up to $5,000 depending on what is damaged
  • Windshield replacement – $300 to $400 for most cars, upwards of $4,000 for some luxury vehicles

Even what seems like a minor repair can quickly put you up to the monetary limit that makes an accident report required. If your state’s laws require you to file an accident report if the damage is $1,500 or more, the cost of a new tire, rim, and bodywork to the side fender could easily put you up over that amount.

Talk to Your Insurance Company

Start the claims process by calling your insurance company. They often handle the preliminary negotiations with the other driver’s insurance. Expect a call from that insurance company who will ask for your side of the story.

During the call, you’ll be asked to share the details of the accident, the accident report number if you have it, the name of the officer and any injuries. You’ll give out the other driver’s name, contact information for any witnesses, and the other driver’s insurance information. You also need to know where your car is now. A claims adjuster will want to look at your car and determine the damages.

Keep Track of Everything

When possible, try to interact with claims agents via the email. You’ll have written documentation to help you know exactly what’s been said. Plus, it makes it easy to send photocopies of bills that get added to the claim.

Hopefully, you managed to get photos of the accident scene. If you have dash cam footage, that’s also helpful. Store that on a separate thumb drive and in a cloud-based storage option like Dropbox or Google Drive. If you have the files stored in a couple of places, you’re less likely to lose anything. It also makes it easier to share with agents and attorneys if you decide to sue.

Keep a journal of who you’ve talked to over the phone and take notes during the call. The more information you have, the more helpful it is if you need to file a personal injury claim.

Should You Sue?

Court trials take time. You shouldn’t let this keep you from getting a fair settlement. Insurance companies base their settlement offer on the value of your vehicle, your medical bills, lost wages or time from school, and sometimes pain and suffering. That offer may not look into the anxiety you feel weeks or months later that prevents you from driving. It may not consider the amount of time you have to take off work for therapy to deal with PTSD following a crash.

What you should do is talk to an attorney with expertise in truck crashes. KJT Law Group offers free case evaluations. We’ll give you an honest assessment and tell you if the insurance company’s settlement offer is fair or if you have a valid personal injury case. Call us today (818) 507-8525.

Sources:

https://cdan.nhtsa.gov/SASStoredProcess/guest

https://www.fmcsa.dot.gov/safety/research-and-analysis/large-truck-crash-causation-study-analysis-brief

https://www.insurance.com/auto-insurance/coverage/insurance-for-auto-body-repairs.html

Semi Truck Accident

Looking at the National Highway Traffic Safety Administration’s statistics, light and large trucks accounted for a high number of crashes in 2016.

  • Fatal Crashes – 24,282
  • Injury Crashes – 1,639,000
  • Property Damage Only – 3,849,000

The cause of a truck crash varies. For smaller passenger trucks it could be just about anything from an impaired driver to speed. For large trucks (tractor-trailers), these five reasons were most common:

  • Brake issues
  • Not driving for the road/weather conditions
  • Not knowing the roadway
  • Problems with the roads
  • Over-the-counter medications

This covers any crash with a tractor-trailer. When it comes to crashes between a passenger car and tractor-trailer, the most common causes are:

  • Sudden traffic flow changes
  • Not knowing the roadway
  • Not seeing vehicles in blind spots
  • Speed
  • Illegal maneuvers

What do you do if you’re in a crash with a truck? There are three important steps to take straight off. Get the other driver’s information, take plenty of photos, and seek medical treatments. Those are just three of the things you need to do. Here are others.

Continue reading “What Should I Do After A Truck Accident?”

Auto Accident Attorney Los Angeles

You may think you have a valid complaint against a business or person. Yet, you’ve called a personal injury attorney and they didn’t seem interested in your personal injury case and recommended someone else. You’re surprised. Don’t be. It’s not as uncommon as you’d think. There are several reasons why law firms refer out personal injury cases.

There’s a Conflict of Interest

One of the common reasons for a lawyer to refer out personal injury claims is due to a conflict of interest. It can be as simple as the person you want to sue for damages is a regular client of the attorney you’re trying to hire.

The Restitution Isn’t Enough to Justify the Time They’ll Spend

The legal fees for many personal injury cases are paid only if the lawyer you hire wins the case. In the U.S., American Tort Reform says the average contingency fee is 33.3%.

Say your lawyer wins the case, but you only end up receiving $1,000. The lawyer would get around $333 of that. If it’s taken days of preparation and hours in the courtroom, $333 isn’t really enough money to justify taking the case.

The Complexity of the Case is Too Much for Their Lawyers

Continue reading “Top Reasons Why Law Firms Refer Out Personal Injury Cases”

Auto Accident Checklist

Under California’s Fair Claims Settlement Regulations, you should hear from an insurance company within 15 days of filing a claim. The company must accept or deny the claim within 40 days after fathering the proof. If you’re waiting on a settlement payment, this can seem like an unbelievably long period of time.

In order to understand why it can take so long, it’s important to look at the things that go into a settlement. Here’s a step-by-step look at what happens after a car crash.

Immediate Steps to Take

Continue reading “How Do Car Accident Settlements Work?”

Doctor Cheeck Up after car accident

Every day in the U.S., approximately 6,438 drivers and passengers are injured in car crashes. Another 102 or so are killed in car crashes. Car accidents occur all the time, but when you’re in one, panic takes over and often keeps you from rationally thinking about what you need to do.

 

One thing that people overlook is the importance of a trip to the hospital after a car accident. Some worry about the cost. Remember that auto insurance pays for medical care after a car accident. Don’t let that keep you from seeking medical care. You may feel okay and think it’s a waste of time and money. It’s always best to go to a hospital, and here’s why.

 

There May Be Hidden Injuries

Continue reading “The Importance Of Going To The Hospital After A Car Accident”

Auto Accident Checklist

You’ve collided with another vehicle. No matter who is at fault, there are several steps you should take immediately after the crash. They are:

 

  1. Do not admit fault. Let an experienced accident investigator look at the conditions and impact and determine if you, the other driver, the conditions, or a mix of issues led to the crash.
  2. Take photos of your vehicle, other vehicles that were involved, the road conditions, and the area around you. If there is a busy intersection, take photos of the design, lights, and signage.
  3. Call police to have them complete an accident report.
  4. Ask to be seen by paramedics.
  5. Get the other driver’s insurance information.

Continue reading “When To Call An Attorney After A Car Accident”

Emergency Room after an Auto Accident

Every hour, there are around four fatal vehicle crashes in this nation. That’s just crashes involving fatalities. Of the almost 7.3 million crashes in 2016, only 34,439 of them were fatal. More than 2.1 million of these crashes caused injuries that range from mild to severe.

When the crash is not your fault, the stress, time away from work, medical expenses, and cost to replace your car add up. Crash prevention is key, but some crashes are hard to avoid. Whether it’s a single-vehicle crash or a multi-vehicle crash, people can sustain serious injuries. If you’re in a car accident and don’t feel any discomfort, you may wonder if you should really go to the hospital. Yes, you should!

While there are many reasons you should seek medical care, four main reasons stand out.

Four Reasons Why You Immediately Need to Go to the Hospital

Continue reading “Should I Always Go To The Hospital After A Car Accident?”

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