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, anywhere, causing critical and possibly lethal injuries. If an accident has occurred to you or a loved one, an accident lawyer can describe your legal rights and any prospective liability for people involved.
Numerous questions may be running through your mind, such as: Who is at fault? What if it was a loved one in the crash? What about incident insurance?
Should I contact a Riverside accident lawyer?
If you or a loved one was in an automobile accident, one of the primary points one will need to establish is who was at fault for the accident. The degree of fault regarding every person/persons involved in the accident is THE most vital component in any automobile accident lawsuit. This dedication will fluctuate based on the state you are in and that state’s laws and regulations on carelessness.
The degree of carelessness of each part in an crash will determine who was at fault and who will be responsible for any accident injuries or wrongful death claims. Generally, a state will keep an eye on one of the following carelessness theories, which an accident lawyer can explain further: comparative neglect, genuine comparative wrong doing, or proportional comparative wrong doing.
Why Should I Hire a Riverside Accident Attorney?
An accident lawyer can help you through your difficult period, supplying assistance by working with insurance companies and other accident groups or individuals or companies, so you can take the time to concentrate on recovery. After an accident you will most likely have numerous questions and concerns. Occasionally the incident laws of your state can be complicated.
An accident lawyer will help clarify the incident regulations and accident reports to you so you know and comprehend your rights. An accident lawyer will be part of an incident law firm that is able to give you beneficial points of views concerning your case and details on how to cope with your injuries.
The accident law firm will obtain facts regarding your incident essential to develop a successful case and attain compensation for your injuries.
In addition, a significant part of incident cases will include communication with insurance companies, other attorneys, and other individuals. Often, when an accident lawyer is the one communicating with the company or other attorney, they will obtain more critical and in depth answers than if you were contacting them.
Working with a Riverside Accident lawyer can help solve your accident circumstance more quickly, with much less stress and worry.
Car Accidents Overview – Attorneys and Law
Nearly everyone will be part of a automotive automobile accident at some time in their lives. While hopefully your car accident won’t bring about severe auto accident injuries, motor vehicle collisions can certainly have potentially severe and even deadly outcomes. An auto accident can also produce liability – you may be able to take legal action against the driver who induced the incident. As such, it is helpful to learn more about automobile incidents, motor vehicle accident lawsuits and how an accident lawyer can assist.
How Widespread Are Car Mishaps?
The statistics overseeing motor vehicle incidents are fairly worrying:
Kinds of Car Accident Injuries
There are numerous distinct causes for motor vehicle collisions, each of which are likely to lead to a range of injuries. Many of the most frequent automobile accidents that arise consist of:
How an Auto Accident Attorney Can Help
No matter the specific cause of your car crash injuries, a automotive incident lawyer can assist you to show wrong doing and collect the damages you deserve.
Attorneys can be especially valuable when injuries like whiplash or injuries concerning a hospital stay are included.
Car insurance companies will try to pay out as little as possible, and an attorney can enable you to gather data and protect your rights by working directly with your insurance company or by assisting you to file a accident lawsuit.
Car Accidents – Who is at Fault?
Fault is one of the largest, if not THE most crucial element, in any auto accident claim. The individual at fault is the particular person whose negligence brought on the automobile accident, and that is the individual who normally must pay for the injury triggered by his or her disregard.
If the conditions around your incident make it clear that one individual was clearly at fault, then read no further! One of the associated articles outlined below should be your upcoming step.
If, however, liability is not entirely clear or if there is shared fault, then fault is apportioned among the people decided by the specifics of the law in your state (see below) on relative or contributory neglect. When liability is communal in an vehicle accident, it is the insurer’s turn to figure out the relative percentages of fault of the individuals included.
What is Comparative or Contributory Negligence?
Historically, if two people were involved in an incident and the wounded individual was even the tiniest bit at fault, he or she would not be permitted to get back anything for his/her injuries or deficits. This way of identifying damages is identified in legal circles as pure contributory negligence. For example, say Luke and Martin had been involved in an auto accident.
Luke hit Martin’s vehicle while making a left turn onto a 2-lane street at night. Luke didn’t see Martin’s automobile because it was night time (and a dark one at that), Martin was not driving with his headlights 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 follow this particular law (Alabama, District of Columbia, Maryland, North Carolina and Virginia). But most states now use some proportional type of comparative negligence that will allow an injured person/persons to regain some damages for his or her injuries, even if he or she was somewhat at fault.
There are presently three versions: 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, if an seriously injured human being is somewhat at fault for triggering his individual injuries, his damages are reduced by the percentage of his fault. For example, say Michelle was injured in a car crash for which she was 80% at fault. Damages for her injuries 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 car accident. In other words, you are not able 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 attempting to cross the road.
Even though Teri was somewhat at fault for not waiting until the road was completely clear before crossing, the insurance company allotted fault to Dennis at 60% due to his excessive speed. Even though Dennis endured 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 vehicle accident claims, an injured person that is less than 50% at fault for the incident is entitled to compensation. If the injured party is 50% or more at fault, he or she is not permitted recovery for the injury. For example, Richard and Susan accidentally hit each other’s cars while backing out of their parking spaces at exactly the same time.
Both were not looking thoroughly enough when they backed up, and so both were deemed equally at fault for the accident. Neither one will be eligible 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?
After an accident, it is the job of the insurance company claims adjuster to assign the relative degrees of fault primarily based on the conditions encompassing the accident. There is no secret mathematical method for figuring out percentages of fault in accident injuries.
You and the claims adjuster will work out and come to some understanding as to what, if any, your allocated fault is. Here is where an experienced personal injury lawyer can prove useful. He or she will know how to assess the accident and advocate for the lowest percentage of fault on your part.
If you and the insurance adjuster reach an impasse, a court of law is eventually your next step to take care of the issue of fault.
Fault and Car Insurance
Insurance companies often provide additional coverage/protection (for extra money) to aid pay for property damage and/or personal injury and medical costs in spite of fault.
So if you are wounded in an accident that was mainly your mistake and you are not allowed by law to compensation from the other person’s insurance, but you have additional coverage under your own insurance plan, your own insurance company will pay for your injuries. This extra protection is called PIP (personal injury protection) or No Fault coverage.
Under this scenario, you would file a liability claim with your own insurance provider for medical expenses and lost revenue, up to a specified maximum, without any debate or difference about the circumstances of the accident and who was at fault.
Whether you can file for additional expenses against the other person who was at fault in the incident depends on your state’s laws. In many states, Uninsured/Underinsured protection is required.
This provides insurance policy coverage for damages ensuing from an accident with somebody who either has no insurance or does not possess enough insurance to cover your costs. It also protects you if the other individual flees the scene immediately after the accident or is a driver of a stolen van.
Beyond the injuries suffered, the degree of fault is probably the most imperative aspect in determining how much you may finally regain for your accident injury. In most instances, both you and the insurance company will know (by the instances encompassing the accident) the level of fault for both individuals.
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 reduce your recuperation 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.
Do I Really Need a Riverside Accident Attorney?
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.
The first time that you are involved in an accident, you may feel that you have to deal directly with the insurance company that is involved. The truth is, though, that if you do that, you will find yourself in trouble and not getting nearly enough to compensate you for your injuries, pain and suffering. Especially if you have suffered a severe injury, you will find that the insurance company is very eager to settle with you, that is because they want you to sign the papers before you are contacted by an accident attorney.
When you have been injured in any kind of accident and seek the help of an accident lawyer, you will find that you are due much more compensation than for your medical bills alone. Because many injuries will last a lifetime, or at least the scars will, you need to make sure that you will always have the medical care that you need. In addition, many people suffer from psychological problems as a result of their auto accident or other incident and those need to be covered as well.
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 a Riverside 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 Riverside 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 an 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.