Why You Need an Attorney After a Multi-Vehicle Accident in Nevada

Being involved in any car accident is a traumatic experience, but multi-vehicle accidents involving three or more cars carry even greater challenges. More vehicles means more injured victims, higher insurance claims, and a greater need for legal help to protect your rights.

If you or a passenger have suffered injuries in a Nevada pile-up or other accident involving multiple autos, hiring an experienced personal injury accident attorney is highly advised. Here’s why.

Navigating Complex Legal Issues

Multi-vehicle wrecks lead to complex legal situations with insurance claims, liability disputes, and injury lawsuits. Nevada accident law recognizes that blame may be shared in these incidents. A personal injury attorney understands liability laws and can build the strongest case for recovering your damages. With multiple parties involved, determining fault percentages that accurately reflect each driver’s or entity’s share of responsibility for the injuries caused can be extremely complicated.

A skilled accident injury lawyer will know how to investigate the accident thoroughly to gather the necessary evidence regarding each party’s role in the incident, negotiate effectively with insurance companies on your behalf, and determine fault percentages that are fair and will maximize your injury claim settlement amount.

Investigating the Accident

A lawyer from Karns & Karns Personal Injury and Accident Attorneys will launch an independent probe beyond the official police report to uncover facts. By interviewing witnesses, examining debris fields, studying damage, gaining accident reconstruction expertise, and collecting photographic and video evidence from the scene, the attorney builds strong evidence to show exactly how the crash occurred and the roles each driver played.

An experienced road accident attorney will know what important details to look for and how to piece together factual evidence in a persuasive manner that convinces insurance adjusters and judges or juries of each party’s share of liability.

Pinning Down All Liable Parties

While police reports may identify one or two drivers who caused the initial collision, your attorney digs deeper to uncover all those who contributed.

  • Were road defects or impaired drivers at fault?
  • Did vehicle defects like failed brakes or accelerator issues play a role?
  • What about problems with traffic signals, signage, or road construction areas?

Even poor weather conditions and municipality failure to treat icy roads could potentially represent a liable party. An experienced vehicle accident lawyer uncovers ALL potentially liable individuals, corporations, municipalities, or other entities. With multi-vehicle accidents, all possibilities must be thoroughly explored.

Handling Negotiations

Insurers quickly get involved after multi-car crashes, trying to settle injury claims cheaply and close files fast. Without experienced legal advice, you may accept an offer that’s pennies on the dollar for what you deserve. Insurance companies know most victims do not fully understand Nevada laws regarding pain and suffering damages, punitive awards, modifier calculations, and other critical injury claim concepts. They use this lack of knowledge to take advantage of unrepresented victims.

An attorney levels the playing field in the negotiation process. Skilled negotiators maximize settlement amounts by conveying a willingness to take the case to trial if needed, presenting persuasive evidence, utilizing advanced negotiation tactics, and leveraging their reputation to show insurers they mean business.

Help Determining Fault Percentages

One thorny issue in multi-vehicle wrecks is assigning accurate fault percentages to each responsible party. This is critical, as it translates directly into the amount of damages you may be eligible to recover. The fault allocation also affects how insurers share in covering the losses. The attorney thoroughly investigates and advocates for fair liability shares aligned with each driver’s actual role in causing injuries. Fighting against insurer bias and misconceptions regarding fault and causation is key. Accurate assignment of fault percentages translates directly into higher injury settlements.

Filing an Injury Lawsuit

Sometimes settlement offers don’t adequately compensate accident victims who suffered severe injuries involving huge medical bills, lost wages from missed work, permanent disabilities, loss of enjoyment of life, and other substantial damages. When insurers refuse to negotiate fairly, a lawsuit becomes necessary.

An experienced injury litigation attorney from Karns & Karns Personal Injury and Accident Attorneys can build a compelling case presentation detailing both economic and non-economic damages in a way that convinces a jury or judge to order the at-fault parties to pay. Your lawyer handles this complex legal process from start to finish, including choosing the proper venue, preparing witnesses, gathering medical evidence, retaining experts, estimating future losses, and skillfully trying the case in court if needed to maximize your injury claim value.

Expert Witnesses

Proving damages in a multi-vehicle injury lawsuit often requires expert testimony from accident reconstructionists, doctors, vocational experts, financial analysts, and other professionals who can accurately portray the true extent of both economic and non-economic losses suffered. Reputable expert witnesses can strengthen the case substantially but also represent a significant litigation cost. Your attorney coordinates retaining the right experts, prepares them thoroughly for deposition questioning, and arranges clear expert testimony that resonates with judges and juries.

An Experienced Litigator is Critical

An automobile accident lawyer who has handled previous multi-vehicle injury claims understands the intricacies of these cases, from applying Nevada’s comparative fault rules to negotiating collectively with multiple insurers. Finding a law firm partner or lawyer lacking multi-vehicle accident litigation experience could severely hurt your chances of an optimal legal outcome. Verify your lawyer’s expertise in this niche area of personal injury law by asking questions and checking case histories. Don’t trust your complex injury claim to a lawyer still building skills.

Sufficient Legal Resources

Recovering maximum damages requires a coordinated legal team effort, including paralegals, legal nurses, investigators and support staff. Winning these challenging cases also requires substantial financial resources to fund litigation costs over months or even years. Verify in advance what resources the attorney can dedicate to your case if needed, rather than waiting until later to find out a bare-bones legal effort is all you’ll receive. The lawyer you ultimately choose should demonstrate sufficient resources to build the strongest claim presentation possible, which is why you need to work with Karns & Karns Personal Injury and Accident Attorneys.

Don’t Delay Getting Legal Help

Crash victims sometimes wait weeks or months before contacting a lawyer, hindering their ability to build a strong legal case. Immediate attorney involvement lets the investigation start right away while the facts are still fresh. Witnesses can be promptly interviewed, critical evidence preserved, and the lawyer can ensure the victim gets appropriate medical diagnostics and treatments related to the crash. The clock is ticking on the statute of limitations too, which set strict deadlines for taking legal action.

Avoid unnecessary delays in speaking with an attorney after any significant accident. Contact Karns & Karns Personal Injury and Accident Attorneys today.

Why car accidents in San Diego are on the rise

The city of San Diego has always been celebrated for its stunning beaches, incredible weather, and lively cultural scene. Yet, as recent statistics indicate, there’s another less pleasant trend emerging – a rising number of car accidents. Let’s explore the reasons behind this escalation and how experts like vehicle accident attorneys are helping those affected.

 

Infrastructure and Traffic Congestion

The infrastructure in San Diego, designed decades ago, struggles to accommodate the ever-growing population and surge in vehicles. This mismatch between old designs and contemporary needs results in increased traffic congestion, leading to higher chances of accidents. Being stuck in traffic is not only frustrating but also heightens the risk of fender benders and rear-end collisions.

These conditions have led many to seek the expertise of motor vehicle accident lawyers, such as our team at Karns & Karns Personal Injury and Accident Attorneys, to navigate the intricate world of insurance claims and legal rights.

 

Distracted Driving

One of the biggest culprits behind the escalating number of accidents in San Diego is distracted driving. In today’s digital age, our devices compete for our attention even when driving, and the best car accident attorneys are dealing with increasing cases of accidents caused by these distractions.

  • Smartphone usage: The temptation to check a message, make a quick call, or adjust a streaming playlist can be hard for some to resist. However, even a second’s distraction can lead to catastrophic consequences.
  • In-car entertainment system: Modern vehicles come equipped with sophisticated entertainment systems. While they enhance the driving experience, toggling through touchscreens or even voice commands can momentarily divert your focus when behind the wheel.
  • Other distractions: Besides technology, drivers can get distracted by various activities – from eating and drinking to conversing with passengers or even daydreaming. Each distraction, no matter how trivial it seems, amplifies the risk.

Unfortunately, the repercussions of these distractions are often severe. If you have been involved in an accident with a distracted driver, our motor vehicle accident lawyers are here to help.

 

An Influx of Tourists

Tourism is vital for San Diego’s economy. But with the benefits of tourism often comes challenges. These include:

  • Navigational challenges: Tourists who are not familiar with the road layout in San Diego often make unpredictable decisions or sudden stops, causing potential risks for other road users.
  • Rental car adjustments: Tourists frequently use rental cars that they may not be accustomed to. Differences in vehicle size, shape, or even control placements can lead to driving errors and cause accidents.
  • High tourist spot traffic: Areas of attraction like beaches, museums, or historical sites see intense traffic. The sheer volume, combined with parking issues, can be a recipe for accidents.
  • Festivals and events: San Diego hosts numerous events throughout the year, attracting a large influx of visitors. These events can lead to road closures, diversions, or simply more vehicles on the road, creating potential hazards.

Changing Weather Patterns

San Diego is traditionally known for its pleasant and predictable weather. However, like many other areas of the world, it has recently witnessed unexpected shifts in its climatic patterns that have had a direct impact on driving conditions. The unpredictable skies present a new challenge for both locals and visitors.

For example, abrupt rainfalls, although infrequent, can make the roads slippery and reduce tire traction, leading to potential skidding. This is especially concerning for drivers who may not be accustomed to driving in wet conditions given the city’s typically dry climate.

Plus, the sudden emergence of fog can drastically reduce road visibility, demanding an immediate reduction in speed and the use of appropriate headlights.

And it’s not just the rain or fog; unusual temperature fluctuations also come into play. Extreme heat can soften the road surfaces, making them more prone to ruts and potholes.

 

Adapting to New Transportation Modes

Like many other urban landscapes, San Diego has embraced a variety of modern transportation modes, largely influenced by technology. The emergence of electric scooters, ridesharing platforms like Uber and Lyft, and even experimental self-driving cars introduce a fresh set of dynamics on the road.

Electric scooters, often seen zipping through traffic or parked on sidewalks, necessitate both drivers and pedestrians to be more observant. While they offer an eco-friendly alternative, their unpredictable movements can catch drivers off guard.

On the other hand, ridesharing platforms often involve drivers stopping suddenly for pickups or drop-offs, and frequently checking their devices for navigation or ride updates, potentially causing distractions.

And finally, autonomous or semi-autonomous vehicles, although designed for safety, are still in their developmental phases. Their interactions with human-driven vehicles can sometimes be less intuitive, leading to misunderstandings and mishaps on the road.

 

Steps to Take if You’re Involved in a San Diego Accident

If you find yourself in an accident in San Diego, these are the steps to take:

  1. Ensure safety: Before all else, check for immediate dangers. Are there any injuries? Are you still in the path of traffic? If you can, move the vehicle to a safer spot. Turning on your hazard lights is also crucial to signal distress to other drivers.
  2. Stay calm and assess: Once safe, stay calm. Panic can cloud your judgement and hinder your ability to think clearly. Look around and assess the damage to all involved vehicles.
  3. Notify authorities: No matter how minor the accident may seem, always call the police. They can provide an official report, which can be invaluable if you work with a vehicle accident lawyer later for insurance or legal disputes. If someone is injured, call an ambulance.
  4. Thorough documentation: Using your phone or camera, take photos of the accident scene from multiple angles, capturing the damage, road signs, and any skid marks. Take note of the time, data, and weather conditions, and collect contact information for all parties involved including witnesses. Get insurance details for the other driver(s).
  5. Legal consultation: it’s wise to consult a road accident lawyer. We can provide clarity on your rights, potential compensation, and guide you through the legal journey.

Have You Been in a San Diego Car Accident?

If you have been involved in a car accident in San Diego, contact us at Karns & Karns Personal Injury and Accident Attorneys to arrange a free consultation. Our experienced team of motor vehicle accident lawyers is here to help you through the process.

The 6 Things You Need to Build a Strong TBI Case in California

Traumatic brain injuries (TBIs) happen daily and can be caused by any number of accidents ranging from slips and falls to road traffic collisions. TBIs are so common that the Centers for Disease Control and Prevention (CDC) found that around 611 people were hospitalized daily in 2019, which equates to a staggering 223,135 cases throughout the year. To build a strong TBI case in California, you’re going to need the following six things.

 

What is TBI?

A TBI describes any injury that impacts the typical functionality of the brain. Although some people make a full recovery following extensive medical care, countless others are left permanently disabled or even dead. Early signs of a TBI include:

  • Headaches
  • Ringing in the ears (tinnitus)
  • Blurry vision
  • Confusion
  • A bad taste
  • Memory Loss
  • Lightheadedness

If you notice any of these symptoms, schedule an emergency medical assessment and keep hold of any records. When you’re finished being checked over, contact us at Karns & Karns Personal Injury and Accident Attorneys.

 

Common Causes of TBI

TBIs can come from all sorts of accidents, but statistics and research have shown that most of them result from the following:

  • Slips and falls: Often caused by hazards on commercial land.
  • Auto accidents: Any accident on the road leading to a TBI – trucks are often the culprit.

The cause of the incident will play a part in how our team approaches evidence collection, but the following must be present to build a solid TBI case.

 

Element 1: Proof You Suffered an Injury

There are four distinct elements that must be proven to build a strong TBI case, and it will involve collecting a series of evidence. The first element is proof you’ve suffered an injury, which is why we told you to keep hold of your medical records. As well as records of your medical assessment, your assigned personal injury attorney will seek expert medical testimonies that we’ll present to the court.

 

Element 2: The Extent of the Injury

The second element we need to prove is the extent of your injuries, which is what will determine how much compensation you will receive. The damages you can claim in a TBI claim are designed to cover pain and suffering damages along with financial expenses like medical expenses and loss of earnings.  The more serious the injury, the more compensation you will receive.

As with the proof of your injuries, your personal injury lawyer California from Karns & Karns Personal Injury and Accident Attorneys will use medical records and testimonies as evidence. Additionally, we ask that you keep a daily journal with pictures of your injuries and details about how you feel and what impact it’s having. As well as the physical side, you can note down any emotional distress you’re feeling because non-physical damages can be claimed as well.

 

Element 3: Proof of Long-Term Suffering

To build a winning TBI case, our personal injury law firm must prove that your injuries will have a long-lasting impact on your life, which can include:

  • Ongoing rehabilitation therapy
  • Future surgeries or treatments
  • In-home care or assisted living requirements
  • Loss of income

We will speak to medical professionals and other relevant bodies for evidence surrounding the extent of your injuries. When it comes to loss of earnings, we need to work out how much you are likely to lose over the coming years, which we can figure out by liaising with your employer and diving into your past paychecks.

 

Element 4: Proof the Injury was Caused by the Accident

Every other element on this list is relatively easy to find evidence for but proving your injury was caused directly by the accident can be a little tricky. This is why you must keep hold of all medical records, even if you attend the emergency room weeks after the accident because you discovered symptoms.

The types of evidence we use to prove TBIs were caused by an accident are:

  • Medical imagery, including x-rays, MRIs, and CT scans.
  • Diagnostic test results that gauge cognitive ability, physical function, mental function, motor skills, speech control, and information processing.
  • Expert testimony from neurologists, rehabilitation professionals, and any other relevant individuals.
  • Witnesses that can provide a “before and after” testimony.
  • Police investigations and accident reconstructions.
  • Photographic evidence including dashcam footage.

A Strong Personal Injury Accident Lawyer

By law, you don’t need to have a legal representative to file a TBI compensation claim or lawsuit in California. However, we highly recommend having one of our top personal injury attorneys in your corner. Following a free consultation and agreement of services, we’ll get to work on the following:

  • Preparing essential documents and filing pleadings.
  • Interviewing witnesses and collecting testimony.
  • Communicating with insurance representatives.
  • Negotiating with opposing counsel and other relevant parties.
  • Taking your case all the way to the jury.

While we’re busy taking care of these tasks and navigating the complex web of TBI injury law, all you need to do is focus on recovery and maintain a daily journal.

 

Speed to File the Claim

TBIs are extremely traumatic – the clue is in the name. Unfortunately, this can leave victims feeling overwhelmed and scared, and all they often want to do is retreat into themselves. However, the statute of limitations for a personal injury lawsuit must be met or your claim could be barred.  This means you should contact our accident injury lawyers as soon as possible.

The strongest TBI cases are filed within a matter of months. The more time that passes, the less reliable you become as a witness and the more chance there is of something happening to pivotal evidence. After all, if your accident was caused by a business, they may play dirty tactics to avoid paying compensation, which may involve tampering with evidence.

If you or a loved one has experienced a TBI that wasn’t your fault, get in touch with Karns & Karns Personal Injury and Accident Attorneys now.

What to Do After a Car Accident in California

A California car accident is generally an unexpected and traumatic event that leaves most of us overwhelmed and with many questions about what to do next. Do I need to call the police? What information do I need from the other driver? How do I protect my rights? From notifying law enforcement to consulting with a California car accident lawyer, we have outlined a step-by-step guide of what to do after a car accident in California below.

 

Step 1: Stop and Stay at the Accident Scene

You must stop and stay at the accident scene until it is appropriate to leave. If someone has sustained injuries, needs assistance, or was killed, and you leave, you could be charged with a hit-and-run. You should stay until the police arrive. If the accident only caused property damage, you can leave after you have exchanged important information with the other driver.

 

Step 2: Check for Injuries and Ensure Everyone’s Safety

Your top priority after a car accident in California is to check yourself for any visible injuries and check on the safety of the other parties involved. If you or anyone else is injured, call 9-1-1 immediately to request emergency medical attention.

 

Step 3: Call Law Enforcement to Report the Accident

Even if the accident seems minor, you should call 9-1-1 to report the accident. Authorities will decide whether to come to the accident scene. If police officers arrive at the scene, they will investigate the accident and create a police report.

A police report can be significant evidence if you need to file a car accident claim. It includes information about all parties involved and an unbiased account of the accident, which can help establish fault.

 

Step 4: Exchange Information With the Other Driver(s)

You should exchange important contact information and insurance details with the other driver. If the crash included multiple vehicles, exchange information with every driver involved. Our California car accident attorneys recommend obtaining the following information:

  • Name
  • Address
  • Phone number
  • Driver’s license number
  • Information about the vehicle, like its year, make, and model
  • License plate number
  • Insurance company name
  • Insurance policy number

 

Step 5: Document the Accident Scene and Your Injuries

If possible, take pictures of the accident scene to preserve evidence. You should take photos of the vehicles involved and any injuries sustained. Also, write down details about the accident, like the date, time, location, road conditions, and weather conditions.

 

Step 6: Talk to Witnesses

If there were any witnesses to the accident, try to get their names and contact details. Witness statements can be invaluable for determining accident liability and supporting your potential car accident claim.

 

Step 7: Seek Medical Attention

You should seek a complete medical evaluation as soon as possible after leaving the accident scene. Even if you feel fine right now, some injuries may not be immediately apparent due to adrenaline or delayed symptoms. If you sustain injuries, you want to receive medical treatment immediately. Additionally, medical records serve as critical evidence for your potential accident claim.

 

Step 8: Inform Your Insurance Company About the Accident

Your auto insurance policy likely requires you to report the car accident to your insurance company. Provide your insurer with the necessary information about the crash. However, we do not recommend providing a detailed statement or making any assumptions about the cause of the crash or the severity of your injuries. Anything you say could be used against you if you need to file a claim with your insurer.

 

Step 9: Report the Accident

If law enforcement does not come to the accident scene, you may be required to report the accident to your local police or the California Highway Patrol (CHP), and the California Department of Motor Vehicles (DMV). You must report the accident to the local police or the CHP within 24 hours if anyone was injured or died in the accident.

Additionally, in California, you must report a car accident to the DMV using its SR-1 form within 10 days if any of the following factors exist:

  • Anyone involved in the crash sustained injuries, no matter the severity
  • Anyone involved in the crash died
  • The accident resulted in property damages exceeding $1,000

 

Step 10: Consult With a California Car Accident Lawyer

After a car accident, we recommend scheduling a consultation with an experienced California car accident attorney. An attorney can answer your questions and help you determine whether you may have a viable claim to obtain compensation for your injuries and damages. Getting an attorney early in the process is beneficial for multiple reasons. For example, an attorney can help you preserve evidence, communicate with the insurance companies on your behalf, and protect your best interests.

 

Get a Free No-Risk Consultation With Our California Car Accident Lawyers

At Karns & Karns Personal Injury and Accident Attorneys, we help car accident victims get the compensation they need and deserve after serious accidents. We have offices throughout California and encourage you to schedule a free, no-obligation consultation with us about your situation. Call us at (888) 779-1180 or contact us online to discuss your potential legal options.

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What to Do After a Motor Vehicle Accident

Being involved in a motor vehicle accident can be a stressful experience, often leaving accident victims feeling overwhelmed and unsure of the next steps to take. However, your actions after an accident can significantly impact your health and your potential auto accident claim. Therefore, knowing what to do after a motor vehicle accident is critical to protect yourself and your claim. Below, our motor vehicle accident lawyers cover essential steps to take after a serious accident.

 

1. Call 9-1-1 to Report the Accident to Law Enforcement

The initial shock and adrenaline may distract you from any immediate pain, so look for any visible injuries before moving or getting out of your vehicle. Then, if you are physically able, check on any passengers and the other motorist.

You should call law enforcement to report the accident. If anyone needs medical attention, request emergency medical responders at this time. Police officers may come to the scene to investigate the accident and create a police report of the crash.

2. Exchange Information With the Other Driver

Once you have addressed immediate safety concerns, you need to gather and exchange information with the other driver. Our motor vehicle accident attorneys recommend obtaining the following contact and insurance information:

  • Name
  • Contact details
  • Driver’s license number
  • Insurance provider
  • Insurance policy number
  • Make and model of the other vehicle
  • License plate number

If there are any witnesses to the accident, request their contact information too.

3. Preserve Evidence by Documenting the Accident Scene

Before you leave the accident scene, spend time documenting the accident with pictures. These photos may be critical evidence to support your potential accident claim. Important things to photograph include:

  • Visible injuries
  • Vehicle damages
  • The other vehicle
  • Road conditions
  • Weather conditions

4. Get a Medical Evaluation

Regardless of how you feel, always get a complete medical examination after an accident. We recommend getting one during the first 24 hours after an accident.

Certain injuries, like whiplash, may not show symptoms right away. You want to make sure you do not have any injuries that may get worse if untreated. Additionally, a medical evaluation gives you the necessary medical documentation to support your claim.

5. Report the Accident to Your Insurance Company

In the following days, contact your insurance company to report the accident. Be factual and avoid speculating about accident liability or your injuries. You should avoid providing a detailed statement until you have consulted with an experienced attorney.

6. Discuss Your Situation With a Motor Vehicle Accident Lawyer

Consider contacting an experienced motor vehicle accident attorney soon after the crash to discuss your case. If you have suffered injuries and damages due to the accident, filing an accident claim may be your only way of recovering your costs. An attorney can help you understand your best legal options for protecting your legal rights and moving forward.

 

Get a Free Case Review From Our Motor Vehicle Accident Attorneys

At Karns & Karns Personal Injury and Accident Attorneys, we help accident victims seek justice and compensation for their injuries. Our law firm has extensive experience and success in handling motor vehicle accident cases throughout California, Nevada, and Texas. We may be able to help you on your journey to recovery too.

Our firm provides a free, no-risk consultation to discuss your unique situation and your options for recovering compensation. We can also determine whether we can help you. Call us at (888) 779-1180 or contact us online to schedule yours.

 

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How to File a Successful Rideshare Accident Claim

When you are involved in an Uber or Lyft accident, there are grounds for making a legal claim against the driver or the company. Whether you are a pedestrian facing life with catastrophic injuries, or a passenger with negatively impacted mental health, or even a family seeking out justice after a wrongful death occurred, everything is worth discussing and exploring. At Karns & Karns Personal Injury and Accident Attorneys, we are accident injury lawyers with the right experience to help you find the right path to resolution. Our advice below talks about how to file a successful rideshare accident claim, and what you need to do to get things in motion.

 

What Counts as a Rideshare?

When you think about rideshares, the big companies like Uber and Lyft first spring to mind. This is exactly right, and these are the main businesses that offer this type of service around the country. There are, in fact, around hundreds of fatalities attributed to Uber and Lyft drivers every year and the number is only set to rise as the service grows in both popularity and reputation. While there is always a risk of an accident happening when you get into a vehicle, there should be a granted peace of mind that a professional driver will keep you safe.

 

What Happens When You Are a Victim of a Rideshare Accident?

There are three different types of rideshare accident that are eligible for this sort of claim. Firstly, pedestrians who have been hit by a vehicle. Secondly, passengers who were in the car at the time a road incident took place and lastly, a family member of a loved one who died as a direct result of rideshare driver negligence. In all of these cases, there are certain steps that must be taken in order to validate the process and steer things in the right direction.

Passengers, Pedestrians and Other Vehicles

If you were a passenger in an Uber or Lyft, a pedestrian hit by an Uber or Lyft, or in another vehicle hit by an Uber or Lyft, it is vital to check for injuries and seek medical attention immediately after the accident happens. This will mean calling 911 and speaking with a police officer and ambulance crew at the scene. If you feel able to, always get as much evidence as you can at the time, like photographs, witness details, and driver details too. Everything counts here, so do take note of weather conditions, locations, the appearance of the driver, and so on.

Wrongful Death Claims

These are slightly different because the victim is no longer with you, and you are filing a claim as an heir to the decedent or a personal representative of their estate. These circumstances are highly emotive and there is a lot at stake in a different way to the cases above. This will all be explained by your wrongful death lawyer. However, it is still important to work with the facts and present emotions when the time is right.

 

Who You Can Claim Against

Before you start a claim, there must be a decision about who you are filing against. Three options are presented here, and you may have an idea in mind already to present to your vehicle accident lawyer.

The Driver

If you want to create a lawsuit opposing the rideshare driver, this is possible if they were not officially on shift when the incident took place. Every employee of Uber or Lyft etc., must ensure that there is an adequate insurance policy in place for the times when they are not on the app. Generally speaking, if the driver is not actively on the Uber or Lyft app then the lawsuit will be against the driver as an individual and not the company. Make sure you get the facts about whether they were on company time when the accident happened, their license and name, and insurance details too. These will be important.

The Company

However, if the accident takes place while the driver is officially on the Uber or Lyft app, then it is the company who may be liable for the potential damages and compensation. This can be proven by accessing app data, which are all recorded for legal purposes. If you were a passenger, or the driver is on their way to picking up a passenger, or seeking a pickup, then this is concrete evidence and will facilitate a claim against Uber or Lyft.

Other Road Users

Lastly, it may be the case that another road user caused the accident. If that is true, it will be the at fault driver that you need to pursue the case against.

 

Finding Out Who Is Liable

Determining liability always comes with challenges, even when the evidence is hard to dispute. You can do the following to help the process along.

Gather the Facts

As with any lawsuit, the facts are the thing that move everything forward. If you have photographs, medical records and witness statements these are all useful and should be presented.

Start the Claims Process

Begin the claims process with all of your evidence and a clear picture of who you are filing against. This will make all the things to come more accessible and lead to a hopefully better outcome for you or your loved one.

 

Can It Be Done?

The straightforward answer is yes, it can and has been done successfully. A claim, where there is sufficient evidence to support what the victim is saying as the truth, will be filed successfully and see a positive outcome. There have been many cases where passengers, pedestrians and families of lost loved ones have found justice where justice is due.

 

Why Karns & Karns Personal Injury and Accident Attorneys Can Help

At Karns & Karns Personal Injury and Accident Attorneys, we are accomplished rideshare accident lawyers who can support you in making a claim against any and all rideshare companies. Having an experienced attorney by your side makes sense in so many ways because they are the professional with all the skills and knowledge to bring justice to your cause, and that is why you are here.

Filing a successful rideshare accident claim is possible if you have the facts, determination, and an experienced attorney by your side. Being a victim of something like this is life changing for a multitude of reasons, and it is our job to understand that and find the best way forward so that your life is not negatively impacted forever.

How to Obtain a Police Report After a Car Accident?

Being in a car accident is always a traumatic experience for the victims, even if their physical injuries are not as severe as they can be. Irrespective of the accident’s severity, there are certain steps that must be taken on the victim’s part to boost their chances of getting the compensation they deserve later.

One of those steps is obtaining a police report soon after the car accident. Stay with us as we discuss the process while keeping the various factors in mind.

 

Ensure that the Accident is Reported As Soon As Possible

Every car accident will lead to a police report, provided that the accident was reported in the first place. It does not much matter who made the call, as long as a call to emergency services was made, there will be a police report about the accident.

Even if nobody called emergency services but the victim managed to reach a hospital, the hospital will call the police. If one or more people died in the accident, that too will inevitably have an associated police report. In rare cases, the victim may consider their injuries to be minor at the time and decide it is unnecessary to report the crash to the police.

If a car accident remains unreported, it should be remedied as quickly as possible because it will make it difficult for the victim to claim on their car insurance coverage. If you are not seriously injured, stay on the scene, wait for the officers, give them the bare facts of the case, and refrain from going into any details, allegations, or admittances at all. It can be beneficial later to give the police your perspective as objectively as possible.

Note that you are not required to answer any question about the accident without consulting your vehicle accident lawyer first. Get the police report number from the officers before leaving the scene. If they are unable to provide you with a report number before you leave, you can ask for their names and batch numbers, so that you can contact the department later and get a copy of that report.

 

Obtaining a Copy of the Police Report: The Process

Contact the insurance provider first to find out if they have already procured a copy of the police report. If they have, that can potentially help you avoid a lot of hassle. If that is not an option, then the party will need to contact the police directly to receive a copy of the auto accident report.

The victim or someone on their behalf can contact one of the officers to get an update on the police report and when it will be ready to collect. The process may take anything between a few days to a few weeks, but once it is ready, the party should be able to pick up a copy of the police report at any time after. There are three ways to get a car accident report directly from the police:

  1. Direct pickup
  2. Receiving a mailed report
  3. Receiving an online report

If the attending officers were able to provide a report number, the party should be able to get the same information and the police report from the accident location’s traffic division or website. In case the victim passed away, or if they were not in a state to talk with the responding officers at the time, the party will need to either visit the police station or the traffic subdivision nearest to the accident location.

If they don’t have specific information like the responding officers’ batch numbers, names, or the police report number, the party will need to provide other information to the station. Information such as the time, location, car model, owner’s name, plate number, etc. will help them in finding and then procuring a copy of the accident’s police report.

Can Your Car Accident Attorney Help You with Matters Regarding the Police Report?

Your car accident injury lawyer will guide you through every step of the process. They will also take steps to expedite the entire drafting and procurement process. Just in case you don’t have a road accident lawyer working with you on the case yet, contact Karns & Karns Personal Injury and Accident Attorneys.

The lawyers at Karns & Karns Personal Injury and Accident Attorneys can help guide you through the claims process and obtain the police report for you.  Remember that a consultation with Karns & Karns Personal Injury and Accident Attorneys is free, and if they take the case, Karns & Karns Personal Injury and Accident Attorneys will also not charge any fees before winning the compensation that you deserve.

 

How Important is it for You to Obtain the Police Report?

This is a very important question as the importance of a police report is highly unpredictable. A police report usually provides many key facts relating to the incident.  A police report will help the parties establish who was at fault for the crash.  A word of caution though, a police report is not always accurate.  Many times a police report will contain errors that may shed new light on who was at fault for a crash.  If you were found at fault on a police report you may still have a case. Contact Karns & Karns Personal Injury and Accident Attorneys to analyze the police report in your case if you every question the accuracy of the police report.

In most cases, the prosecuting and defending automobile accident lawyers play big roles in deciding whether the police report will be admitted as evidence by the court or not. It may all depend on which lawyer can argue their case for or against the police report’s admissibility the best.  Even if the police report does not come before the jury, it is still an important piece of data in your case.  Contact Karns & Karns Personal Injury and Accident Attorneys to obtain the police report from you case.

What Is a Statute of Limitations?

In the context of legal proceedings related to personal injuries, a statute of limitations is the maximum amount of time that can elapse after an injury before filing a claim. For example, if the statute of limitations is two years, that would mean that you have two years to initiate the lawsuit, after which point your claim would no longer be considered valid. Essentially, the statute of limitations is the deadline for initiating the claim-filing process. The exact statute of limitations will vary depending on the situation and the state in which the event occurred.

 

Is There a Statute of Limitations on Personal Injury Claims?

All states have set statutes of limitations for personal injury lawsuits. Most states have set the statute of limitations for personal injury claims to two years after the date of the injury. However, in some states the statute of limitations can be as long as six years. Here’s a list showing the statute of limitations on personal injury claims in all 50 states:

  • Alabama – 2 years
  • Alaska – 2 years
  • Arizona – 2 years
  • Arkansas – 3 years
  • California – 2 years
  • Colorado – 2 years for standard personal injury claims (3 years for claims involving vehicle) accidents
  • Connecticut – 2 years
  • Delaware – 2 years
  • Florida – 4 years
  • Georgia – 2 years
  • Hawaii – 2 years
  • Idaho – 2 years
  • Illinois – 2 years
  • Indiana – 2 years
  • Idaho – 2 years
  • Kansas – 2 years
  • Kentucky – 1 year for standard personal injury claims (2 years for claims involving vehicle) accidents
  • Louisiana – 1 year
  • Maine – 6 years
  • Maryland – 3 years
  • Massachusetts – 3 years
  • Michigan – 3 years for standard personal injury claims (1 year for personal injury protection) claims
  • Minnesota – 2 years
  • Mississippi – 3 years
  • Missouri – 5 years
  • Montana – 3 years
  • Nebraska – 4 years
  • Nevada – 2 years
  • New Hampshire – 3 years
  • New Jersey – 2 years
  • New Mexico – 3 years
  • New York – 3 years
  • North Carolina – 3 years
  • North Dakota – 6 years
  • Ohio – 2 years
  • Oklahoma – 2 years
  • Oregon – 2 years
  • Pennsylvania – 2 years
  • Rhode Island – 3 years
  • South Carolina – 3 years
  • South Dakota – 3 years
  • Tennessee – 1 year
  • Texas – 2 years
  • Utah – 4 years
  • Vermont – 3 years
  • Virginia – 2 years
  • Washington – 3 years
  • West Virginia – 2 years
  • Wisconsin – 3 years
  • Wyoming – 4 years

As you can see, only three states have set their personal injury claim statute of limitations to less than two years. Louisiana and Tennessee are the only states that have set their statutes of limitations to one year for all kinds of personal injury claims. In California, Nevada, Texas, and most other states, the statute of limitations is set to two years for all kinds of personal injury lawsuits. Keep in mind that many states have shorter statute of limitations when you sue a governmental entity. Be sure to consult with a lawyer to confirm the statute of limitation on your case.

 

Is There a Statute of Limitations on Medical Malpractice Claims?

The law governing medical malpractice claims is slightly different because it is possible for some time to pass before the injury resulting from the malpractice is discovered. As a result, many states have set statute of limitations that may be based on the date of diagnosis instead of the date that actual the malpractice occurred. For example, in California a medical malpractice lawsuit must be filed one from the date that you knew or should have suspected the malpractice not to exceed three years from the date of the malpractice.

 

Is There a Statute of Limitations on Negligence Lawsuits?

Typically, the laws related to negligence lawsuits follow the same statute of limitations as personal injury claims. For example as personal injury claims are generally brought under a theory of negligence.  In California you have two years from the date of negligence to initiate a lawsuit against the negligent party. However, keep in mind that the longer you wait to initiate legal action, the greater the risk you have that the statute of limitations has expired.  Still, even if it has been one year and 11 months since the date of negligence, it is still worthwhile to pursue a lawsuit if you can prove that the other party was at fault.

 

Is There a Statute of Limitations on Wrongful Death Claims?

In most states, the statute of limitations for filing a wrongful death lawsuit follows the same general time frame as a typical personal injury lawsuit. That means the loved ones of the deceased, or the legal representatives they’ve elected, have two years (California) from the date of death to initiate a lawsuit against the allegedly responsible entities.

 

Is There a Statute of Limitations on Slip and Fall Claims?

As you might imagine, a slip and fall case falls under general personal injury claims, which means you’d have two years to file a claim in most states (see the list above for the exact statute of limitations in your state).

 

Is There a Statute of Limitations on Camp Lejeune Injury Claims?

Camp Lejeune represents a unique kind of personal injury case, so you might be wondering if the same statues of limitations apply to it since the event occurred across multiple decades from the mid-1950s to the late 1980s. Since the Camp Lejeune Justice Act (CLJA) was only passed in August of 2022, claimants have two years from the date the Act was passed to file a claim. That means the deadline for filing a lawsuit to obtain compensation for Camp Lejeune water contamination is August 10, 2024. Prior to the CLJA passing, residents of North Carolina and other states who had previously worked or lived at Camp Lejeune were not able to file claims against the government due to the state’s general three year statute of limitations on personal injury claims.

 

Still Not Sure If Too Much Time Has Passed Since Your Injury?

If you still have questions about whether you remain eligible to file a claim for compensation, try discussing your situation with a personal injury attorney during a free consultation. Call us at 877-557-4221 and let the brothers fight for you! It should only take 5-10 minutes or less to get a professional opinion on whether you should pursue a lawsuit based on a simple recollection of the events and a few questions about your supporting evidence and documentation.

6 Things to Do After a Car Accident

Car accidents are one of the most common types of road incidents to occur around the country. Every year, thousands of people get injured or die from these events, and when they do happen, they can be difficult to navigate without the right knowledge and support. So, if you ever find yourself a victim of a vehicle collision, here are six essential steps to take in the aftermath.

 

Do an Injury Assessment

There is a good chance that while the accident is happening, your brain will not keep up. This is a protective response from the brain and is entirely normal. When the dust settles and things are standing still, you might start to feel the impact. This is when you need to assess your injuries and damage to figure out if you can move and whether you need medical attention.

Attend to yourself first because if you are seriously injured, it is vital to take a pause and look after your body. Then you can focus on any passengers that might be on board. Children and the elderly are a priority in this situation and if you are able to help them, this is your first job. If the passengers are stuck or seriously hurt, then make a judgment call on whether it is safe for them to remain in the vehicle until the ambulance support arrives at the scene.

 

Move Away to a Safer Spot

After you have this information, you can make move your car to a safer spot. There is a high risk to your body and vehicle if you stay put so try to move away from active traffic if it is safe to do so. There is no real way to tell what harm has been caused to the vehicle until it has had a professional assessment, so don’t try to fix anything. Prioritize getting to safety for you and all of your passengers too, then you can have a clearer head to deal with the next stage.

 

Phone 911 for Assistance

Here is when you call 911. 911 is there to connect you with the nearest emergency services. You should ask for police and an ambulance to attend the collision scene. These two units are professionally trained for this exact scenario and will be able to direct you and anyone else involved as to what needs to happen.

 

What the Police Will Do

The police attend to take details of the accident from you and anyone that was involved. They will also make further investigations into the scene to find out what could have happened and why it took place. There is a chance you will be breathalyzed, which is a device used to detect alcohol in the blood as drunk driving is a crime and often needs to be ruled out.

 

What the Ambulance Team Will Do

The ambulance crew will naturally assist with any injuries and make a call on whether or not further intervention in a hospital setting is needed. It is normal for your body and mind to be in shock as this event can be traumatic. Make sure the medics team is directed to the person most in need of assistance first so they can receive support and minimize the damage.

 

Exchange Information

Now you have had intervention from emergency services, you can exchange information if appropriate. Try not to leave the scene without acquiring the details of the opposing vehicle because this will be essential information for your insurance claim and any other future events that come from this accident. You will need to:

  1. Take their name, and plate details and ask for the insurance company they deal with.
  2. Take pictures of the crash if you’re in a position to. Photograph your vehicle and the others involved too.
  3. Take pictures of your injuries.
  4. Make an account of what you think happened from your perspective.
  5. Ask the other people involved to do exactly the same thing and give them your insurance details and everything else that is needed as well.
  6. Get the contact information for any witness. Your lawyer will want this to prove that you were not at fault for the crash.

 

Talk to Your Insurance

As soon as possible after the accident, you should call your insurance company to report your claim. Remember that you are only required to report your claim. You do not have to undergo any recorded statements regarding how the crash occurred or the nature and extent of your injuries. You should try to avoid giving a recorded statement to any insurance company. Making your claim should be straightforward, but it may take a while to process when it comes to the administrative side of things. That is why it is important to take action as soon as you feel able to in order to avoid further delays. If your vehicle is completely ruined, and you pay for a replacement vehicle as a part of your policy, this can be arranged too so you are not without transport for a delayed period.

 

Seek Legal Representation

There is a lot more to legal representation post accident than just making a financial claim. A good law firm will help in finding great medical support for any injuries you might have suffered. This will help your recovery process and make you feel cared for in a bigger circle. They can also support you with your medical bills and sorting through all the associated administration that comes along with that. Aside from this, an experienced lawyer will be able to secure the optimum compensation model and ensure that if you are unable to work because of the accident, you get what you need to thrive. This might involve pursuing the opposing party responsible for the accident or clearing your name if an accusation is brought against you.

Car accidents are scary regardless of the circumstances. It is good to know what to do if you are involved in one, and how to navigate life afterward. If you suffer injuries that impede your ability to socialize and work, you may be able to find financial support to help you move in a more positive direction. When the accident is not your fault, and your vehicle is totaled, it can be a frustrating situation for all involved.

Let our award-winning attorneys at Karns & Karns Personal Injury & Accident Attorneys help you. Call us at 877-557-4221 today!

What the Insurance Companies Don’t Want You to Know

When you purchase insurance for your car, in theory, the insurance company is there to help you as the policyholder if you get into an accident. If you are involved in a car accident or sustain a serious injury while driving, then you will need to file a claim with an insurance company in the hope of receiving compensation for any medical expenses you have incurred, loss of income due to not being able to work while you recover from the injuries, and pain and suffering.

Unfortunately, the truth is that insurance companies are more interested in making a profit than they are in helping you. For that reason, there are quite a few things that your insurance company doesn’t want you to know. If you were aware, then you’d be standing in the way of them making money!

So, what are some of the things that insurance companies would rather be kept a secret? Read on to find out more.

 

What You Say Can be Used Against You

After a car accident, your insurance company may ask you to provide a recorded statement addressing what happened and the damage that was done. However, you are under no legal obligation to do this, and it is recommended that you don’t unless you’re doing it with a personal injury or car accident attorney who can help you make sure that you are describing the accident in a way that does not incriminate yourself. In fact, even casual remarks that you make while talking with claims adjusters can be taken as formal statements – especially if you are speculating about whether or not the accident was your fault or describing your injuries. Because of this, it’s important to only stick to the basics when talking about your claim and consult a car accident attorney before giving any statements.

 

Insurance Adjusters are Great At Negotiating

After a car accident, you might simply want to get your money and move on with your life – and the claims adjuster will know this. They might pressure you to accept a settlement offer or even give you a deadline, telling you that you only have a few hours to accept or that this is the best offer that they can come up with. However, it’s best to avoid falling for these tactics and don’t accept the first offer you are given. If you are not confident when it comes to your negotiation skills to get a better offer, you have the right to seek outside counsel and hire a car accident lawyer to negotiate on your behalf.

 

Adjusters Might be Lying to You

Don’t assume that your insurance adjuster is always being truthful with you when it comes to talking about your claim. For example, they might use information that they know about you, such as existing health conditions to tell you that you are not going to be able to make a claim for the injuries you have suffered in the car accident. However, this is not always the truth. There are lots of things that insurance adjusters might say to you in the hope that you don’t know any better and to see if they can get away with it, which is why it’s always best to have an attorney liaise with them on your behalf.  Insurance adjusters are sales people. They want to sell your claim for the lowest price possible.

 

Claims Adjusters are There to Make Money

We’d all like to believe that the insurance company is there to help us. However, the truth is that most of them have the main goal of simply making money for the company. While the claims adjuster might seem like a nice and helpful person while you are speaking to them, their main job is to try and reduce your claim as much as possible, or even try to have it completely denied. Bear in mind that the insurance company does not make any money from helping you, and the claims adjuster works for them.

 

They Hire Doctors to Find Pre-Existing Injuries and Minimize Your Claim

If you allow your insurance company access to your medical records when you sign an authorization form, then they are going to use this to find as much information as possible to minimize your claim. To do this, they will often hire doctors who are there to look through your medical records to try and find any records of a pre-existing condition or injury that they can use to throw doubt on your claim. They might then use this to claim that your injury is not as severe as you say it is. Even if your own doctor is backing you up, the insurance company will hire their own doctors to try and contradict this.

 

They Don’t Want You to Hire a Lawyer

If you have been involved in a car accident, then the first thing you should do is hire a personal injury lawyer. However, your insurance company might want to try to convince you from doing this. They might tell you that hiring a lawyer isn’t worth the cost or that having an attorney is unlikely to help you get a better offer. In most cases, they are hoping that you don’t hire a lawyer so that they are less likely to have to pay out a decent settlement for your case, hoping that without legal counsel you may agree to a seriously low-ball offer just to get it over and done with. Don’t fall for it! Hire an experience personal injury attorney.

 

You Can Sue Insurance Companies for Unethical Practices

Any practices that act against the best interests of the policyholder are considered to be unethical insurance practices. Insurance companies should always act in accordance with accountability laws, but some assume you won’t know about them. A good lawyer will help ensure that your insurance company is held accountable if they act in a way that is against your best interests.

If you’ve been involved in a car accident, Karns & Karns Personal Injury & Accident Attorneys can help you make sure that you’re not falling foul of these insurance company practices. We can liaise with the insurance company on your behalf. Get in touch today for a free consultation and to find out more. Call Karns & Karns Personal Injury & Accident Attorneys now at 877-557-4221.