The 7 Types of Personal Injury Cases Oakland Lawyers Usually Work On

A personal injury lawsuit arises when a person suffers an injury(s) due to another person’s actions. In most cases, these actions amount to negligence, where a person fails to provide the care that a reasonable person would in the same situation. In other cases, those actions can be classified as recklessness, which is more serious than negligence and is often associated with a person’s deliberate and unjustified actions without regard for their consequences.

You can seek compensation with the help of experienced personal injury attorneys if you are injured in an accident or through the actions of another person. Let’s look at the most common cases accident injury lawyers handle in Oakland.

 

Car Accidents

The Insurance Institute for Highway Safety says there were over 39,500 car accidents that resulted in close to 43,000 fatalities in the United States in 2021. The National Highway Traffic Safety Administration (NHTSA), on the other hand, says that there are about 7,500 people injured in car accidents every day.

These numbers mean that car accidents are one of the most common causes of personal injuries and the resulting lawsuits.

There are various reasons for the prevalence of these types of accidents, including reckless and distracted driving, poor vehicle maintenance, poor weather and road conditions, ignoring traffic signals, speeding, and driving under the influence.

You should always collect as much evidence as possible and get medical attention following a car accident because some injuries only present with symptoms later. You should then hire a vehicle accident lawyer to help you file a lawsuit and navigate the process of getting compensated. The right personal injury accident lawyer will also negotiate with the insurance company on your behalf if they make an offer.

 

Pedestrian Accidents

Drivers must be acutely aware that pedestrians could be using the road at the same time and take necessary precautions to avoid hitting them. Pedestrian accidents are so serious because they are unprotected, unlike the vehicle’s occupants. For these reasons, the types of injuries a person can sustain range from minor cuts and bruises to broken bones and even traumatic brain injuries.

Some common causes of pedestrian accidents include speeding, failure to yield, ignoring traffic lights, and distracted driving. Even though drivers are often to blame for these accidents.

 

Motorcycle Accidents

As with pedestrians, there is nothing to protect a motorcycle when struck by a vehicle. Motorcycle accidents often lead to catastrophic injuries, including traumatic brain injury, spinal cord injuries, broken bones, and road rash. They can also lead to fatalities depending on their specific circumstances, such as the speed of the motorcycle and vehicle and angle of impact.

Because the catastrophic injuries they cause can lead to life-changing injuries, you should contact a motorcycle accident lawyer immediately following an accident. They will help you recover damages, including lost wages, inability to get back to work, medical bills, pain and suffering, and even property damage related to your motorcycle.

You can also file a wrongful death lawsuit with the help of wrongful death lawyers if a loved one passes away following a motorcycle accident. You can contact the attorneys at Karns & Karns Personal Injury and Accident Attorneys for a no-obligation consultation to discuss the accident.

 

Slip and Fall or Premises Liability Cases

Property owners and operators must ensure their premises are safe for residents, guests, and anyone else with access, such as mail carriers. Slip and fall accidents are the most common type of premises liability cases filed and can be filed against businesses and individual owners.

The owner or operator must repair all issues that could cause accidents, remove them, or place adequate warning signs close to the hazard. Failure to do this could lead to serious accidents, including broken bones, head injuries, and others. Contact a personal injury attorney if you have been injured on a property so they can help you determine whether you have a case and who to sue if you do.

 

Animal Attacks and Bites

Most cases of animal attacks and bites involve dogs. Owners must take reasonable measures as outlined in the law to ensure their dogs do not cause these types of injuries, lest they be liable in case they happen.

Animal or dog bites are dangerous because they can cause various infections, with the main concern being rabies. There is no treatment for rabies, and it is almost always fatal once the victim starts showing symptoms. For this reason, you should seek medical attention immediately to get a series of shots that prevent an infection.

 

Bicycle Accidents

Oakland has a very supportive bike culture and has been designated the most bike-friendly city in California. Since there are so many cyclists in the city, bicycle accidents are common. Bike accidents occur when a vehicle strikes a bicycle while a rider is on it, or when cyclists strike them as they appear from intersections and parking garages.

As with motorcycle accidents, these accidents are very serious, resulting in road rash, broken bones, and head, neck, and spinal cord injuries. Accident injury lawyers CA can help you navigate the complicated laws surrounding traffic and bicycles so you can know who is liable and file a lawsuit.

 

Defective or Malfunctioning Medical Devices

We expect the best outcomes when a doctor assures us that a new medical device will improve our health, well-being, and quality of life. However, that is not always the case if the device is defective or malfunctions. Such devices can cause harm, including pain and tissue damage, negating the benefits the doctor told you about.

Personal injuries have devastating effects, especially if they lead to life-long pain or the victim becomes disabled. The lawyers at Karns & Karns Personal Injury and Accident Attorneys lawyers can help you with different types of personal injury cases depending on the cause and the person responsible. Get in touch today for a free consultation through our contact page.

How Much Is a California Claim For Pain and Suffering After a Car Accident Worth?

Personal injury claims for pain and suffering after a car accident are becoming increasingly common. These cases are taken seriously because car accidents are traumatic events that cause untold emotional repercussions and serious injuries too. If you are considering making a claim of this nature, you will naturally wonder how much compensation is owed. The answer is case-dependent and will be determined by the extent of injury and suffering.

 

How Are Pain and Suffering Defined in CA?

Pain and suffering are somewhat unquantifiable, however, there are a few ways to determine the amount a plaintiff has suffered. Factors such as the severity of injury and the scale of consequences it inflicted all have an important part to play and will be taken seriously. If you can show that you have lasting physical pain, event-specific anxiety, depression, your life has changed for the worse, or you are working through PTSD then this is grounds for movement. Though, these are not the only circumstances that can be put forward.

 

When a Loved One Dies

If you are filing a lawsuit because you have lost a loved one, there are different things to take into account. You may not have suffered from any injury yourself, but the very fact that you are grieving the life of someone you love is more than enough justification for bringing a case into action. Talk to our wrongful death attorney experts at Karns & Karns Personal Injury and Accident Attorneys to understand more about how to begin this type of legal journey.

 

When There is No Physical Injury

It is possible to set a lawsuit or insurance claim into motion if you have no physical injury to evidence. If you have been through something traumatic, and there have been substantial impacts on your mental health which continue to affect your ability to re-engage with typical life, you have a case.

 

Common Ways to Prove Pain and Suffering

If you are wondering how to prove pain and suffering, our team can help. The following factors are frequently assessed in this type of case, and anything you can offer to prove a single one will be useful when it comes to determining the final compensation amount.

 

Medical Records

Medical records are official accounts of the physical injuries you are claiming for. If there are no physical injuries, then a statement from a doctor or healthcare official like a psychologist will be beneficial as well. This will be a big part of how the case is assessed so while you are not legally obligated to provide such details, the act of not doing so will decrease the amount of compensation you are entitled to.

 

Therapist Reviews

Therapist reviews will confirm that the emotional pain you are claiming is valid. They are bound by client confidentiality but you can request a statement on your behalf that supports the claim in question. This should detail the extent of your sessions and all of the ways you have been impacted through their professional lens.

 

Proof of Life Pre-Accident

The main reason these claims are brought to life is because the victim has suffered in life after the accident. They may not be able to work, or even go out and enjoy time with their friends. You can prove this through photographs and witness statements of how you were before the accident, and by representing what life looks like now. If you are staying in the house more often, for example, this will be straightforward enough to prove.

 

Family and Friend Accounts

You can also ask family and friends to provide accounts to support your claim. These should detail how you were before you were injured or emotionally scarred, and the ways you have changed since it took place. These will be crucial bits of evidence because the people you are closest to always have the deepest insight into your personality and well-being.

 

Are There Any Limits on What You Can Claim?

In California, any good car accident lawyer will know that there are no limits to what you can claim. This means everything should be on the table for discussion and that you receive an appropriate, proportionate sum for your losses. This doesn’t mean you can request a ridiculous, unrealistic sum but it does mean that is possible to assign a complete amount to what you have been through and work with the process to get what you deserve.

 

Two Common Methods

There are two common methods that are used in both insurance claims and lawsuits. These options aim to assign a monetary figure to the pain and suffering you have experienced both during and after the incident occurred.

 

Multiplier

The multiplier method considers every single economic hit you have taken and puts it against a scale of 1-5. This scale represents the degree of suffering you have entailed and factors in things like the extent of pain and emotional toll of the accident in question. Your personal injury accident attorney will be able to determine the correct number that your circumstances should be defined as.

 

Per diem

This is a calculation method that considers the daily dollar amount that you could claim post-accident. For example, if you have been forced to take time off from work and are therefore losing income at a rapid rate, this is relevant. Each day you have lost will be calculated and become a part of your settlement figure.

Pain and suffering are entirely personal things. What you feel is unique to you, and nobody should dismiss this without a thorough investigation. When an accident takes place or you face life without a loved one by your side, our attorneys can help you make the right decisions and seek justice.

Karns & Karns Personal Injury and Accident Attorneys are here to help. Make an appointment at our law offices to discuss the case with our team of professional experts or pick up the phone and make a call to begin the conversation.

How to Cope If You’ve Been Injured in a Lyft Crash

Millions of people use Lyft daily as a simple way of getting from A to B. However, Lyft drivers are just like any other motorist, meaning their vehicles can be involved in crashes. Whether you were hit by a Lyft vehicle or a Lyft passenger, the experience can be traumatic and leave you with serious life-changing injuries that can impact your mental well-being, financial circumstances, and much more. In the aftermath of the accident, you’ll need to learn how to manage your emotions, injuries, and cope with life.

 

Attempt to Remain Calm at the Scene

Coping after being injured in a Lyft crash begins immediately after the accident. Even though emotions will be running high, you need to stay calm and get to a safe place if you can. Whether you’re a passenger in the Lyft vehicle or you’re another motorist, make sure you collect the vehicle and driver details, wait for the police, and collect any witness information.

 

Liaise with Police Where Necessary

California state and many others require all accidents to be reported to the police, so you should make sure you wait for them to arrive. The more accurate information you can supply to the police, the more substantial official evidence there will be for our Lyft accident lawyer to successfully claim compensation on your behalf. However, even if emotions cause you to miss vital details, we will conduct a thorough investigation.

 

Seek Medical Attention Immediately

Injuries from Lyft accidents can vary from minor to serious, but it’s important to have a medical assessment and keep the records regardless of how severe it feels. In some cases, serious conditions don’t present for a few days. However, if you fail to have a medical assessment as soon as you’ve left the scene, our expert Lyft car accident lawyer may struggle to seek the compensation you deserve. After all, the absence of records allows the defense to argue the injuries happened after the crash.

 

Keep a Record of All Financial Losses

Depending on the severity of your injuries, you may have to take time off work or even have to leave your job altogether. The absence of work will leave you in financial distress, which is where your emotions can get the better of you if you don’t have control measures in place. Even though you’re at a loss financially, you stand a fantastic chance of winning a settlement to cover all damages, especially when you have an expert Lyft accident attorney from our team on your side. As well as loss of earnings, your financial losses may include:

  • Medical expenses
  • Interest on missed loan payments
  • Vehicle repair or replacements
  • Travel expenses arising from the crash
  • Lost wages

Speak to Your Employer

Your injuries might force you to take time out of work or leave employment completely, which will leave you without wages. However, we recommend talking to your employer to find out if they can help. For example, if your position involved lots of activity, they may facilitate a faster return by creating a remote working opportunity with very little moment.

 

Explore Government Benefits

If your Lyft accident injuries leave you disabled, you’ll have to adapt to a whole new way of life, which can be a daunting prospect. However, you may be eligible to receive disability benefits from the government, which can help eliminate some of the financial uncertainty and allow you to focus on making positive changes. As well as financial benefits, you may find a number of support groups to attend, which can make you feel much less alone.

 

Report the Incident to Lyft

Lyft drivers are covered by liability insurance, which allows the company to pay compensation when their drivers are at fault. Therefore, whenever the Lyft driver’s insurance doesn’t cover the damages, Lyft’s policy will kick into action. However, you’ll need to prove beyond doubt that the Lyft driver was at fault, which Karns & Karns Personal Injury and Accident Attorneys can do by conducting a thorough investigation before putting together a strong compensation claim.

 

Let Us Notify Your Insurance Company

To avoid saying anything that will harm your case, let an experienced Karns & Karns Personal Injury and Accident Attorneys liaise with them after the initial accident notification. Our expert team knows how to communicate with insurance companies using the language they speak – and we know how to circumvent their crafty tactics to avoid paying out.

 

Consider Mental Health Support

Being involved in a Lyft accident can have a detrimental impact on mental health as well as physical, which can make coping with life much more challenging. Therefore, we recommend speaking to a counselor or therapist to help overcome any mental distress. While our Lyft accident lawyer CA can offer you support throughout the proceedings, nothing will compare to the benefits of seeking out mental health support.

 

Focus on the Here and Now

When you’re facing a long road of recovery, financial distress, and potential post-traumatic stress disorder (PTSD), it can be difficult to remain focused on the present and move forward. To help with this, we recommend exploring mindfulness to bring yourself back to the here and now. If you have a look at your smartphone’s app store, there are plenty of fantastic tools to facilitate guided meditation and relation.

Being involved in a Lyft accident can leave you with physical injuries and mental distress, alongside potential life changes and financial hardships. If you’re searching for a Lyft accident lawyer near me, let Karns & Karns Personal Injury and Accident Attorneys fight for the compensation you deserve. Although we’re based in Los Angeles, we have offices in California, Texas, and Nevada. With zero cost for a free consultation, contact us today.

The Role Speeding Plays in Car Accidents

Speeding remains a leading cause of road accidents and deaths in 2023. Even though the dangers are well publicized, and the law is absolutely clear, it still happens at an alarmingly frequent rate. The consequences are severe, and the aftermath is difficult to navigate. What role does speeding play in accidents and why is it such a big risk factor out there on the roads?

 

Stopping is Harder

Bringing a vehicle to a complete stop is never easy when an emergency situation is taking place. It has happened to every driver out there going along their route. Something up ahead, or a sudden intrusion means that you need to brake and do it quickly. If you aren’t speeding, this is always going to be easy as long as you feel confident to carry out an emergency stop. For drivers who are going too fast, stopping in time is just not an attainable thing. They won’t be able to react quickly enough or put their foot on the right pedal in time to make the necessary adjustments. There is an increased chance that their vehicle will hit another, or the hazard they were trying to avoid.

 

The Ability to Control the Vehicle is Impacted

The next point is about control. A fast car going at ridiculous speeds is difficult, or impossible to properly control. Safety should always be a priority, yet if there is a bend in the road, or you need to weave away from something minor like debris, it just won’t be possible. Losing control is easier than you think when in charge of a speeding vehicle. It is harder to turn the wheel without overextending, and there is no way at all to maneuver around things without veering too far or too hard. This means a crash is likely, regardless of whether there is another person involved or not.

 

You Will Miss Things

A big part of safe driving is about being aware of all the things around you. Having a good perception of your driving environment is non-negotiable. If you want to stay crash-free, then you have to know what is happening outside of your vehicle. This means taking note of pedestrians, animals, stop signs and other traffic management systems, construction zones, buildings, turns, and more. There are so many things that require your attention and if you are exceeding the legal speed limit, you just won’t notice them. Therefore, the risk of an incident occurring is significantly larger. Any vehicle accident lawyer will tell you the same thing, you have to be aware, it is your duty of care.

 

The Vehicle Won’t Respond

Your car is designed in a very specific way. It has taken years of expertise and precision to pull it together, and the engineering behind it is extremely intricate. This means that if you push it outside of its comfort zone, things will start to fail. Speeding is a primary factor behind malfunctions, and if your car breaks or doesn’t do what is expected at top speeds, then a crash is bound to occur.

 

Speeding Is Against the Law

Every state in the country has a law against speeding and every car accident injury lawyer knows it. If a driver is found to be breaking the law, they risk hefty fines and even a ban from driving. Yet, these facts alone are not enough of a deterrent because these accidents keep on happening regardless. Make sure you know what the limits are in your area so that you don’t end up hurting yourself or someone else while driving about.

 

Other Road Users Can’t Respond Safely

When a vehicle is traveling fast, it is impossible for other road users to respond safely. This means their life and vehicle are put in harm’s way and there is very little that they can actually do about it. Speeding causes so many accidents because people can’t get out of the way, and this is extremely unjust. It is never acceptable for another car user who is driving safely and legally to become the victim of someone who isn’t playing by the rules. Even if they react in good time and spot the hazard, it could still be all too late because the other vehicle is simply traveling too fast to be able to do anything in a timeframe that matters.

 

Don’t Give In

Never give in to speeding drivers. If they are breaking the law, and you get hurt, our expert team can help by providing you with an experienced pedestrian accident lawyer or road accident attorney. This will be essential when trying to move forward with your life after the accident is over and done with. You may be feeling a range of impulsive emotions, and while that is completely normal, there is value in stepping back and assessing what the best course of action could be. If you are a victim of this action, you are able to seek out damages and file a compensation claim against the offending party. Talk to our team today to see what is required.

 

The Sum Up

In short, when a compensation claim is first filed, it will be observed and acknowledged by the opposing party. An insurance party will want to see concrete, irrefutable evidence that speeding was the cause if that is what you are stating. You will need to show how you have been negatively impacted and represent the facts for what they are.

Car accidents are always a major event, regardless of what caused them. Yet, when speeding plays a part, the impact can be even more devastating. It makes it so much harder to stop, and more likely that a driver flees the scene if they manage to come out of the accident unscathed. Whatever the case may be, there are paths forward if you turn to the right line of support.

Karns & Karns Personal Injury and Accident Attorneys are here for you. Visit us at our LA office, or find us in California, Nevada, and Texas as well. Don’t delay your visit any longer.

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 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.

Texting and Driving Can Lead to Fatal Crashes

Texting while driving is a deadly, dangerous habit that has sadly become all too common on the roads. Over three thousand people died on the road because of distracted driving in 2020, according to the National Highway Traffic Safety Administration (NHTSA). And around ten percent of those deaths were the result of somebody deciding to send a text while behind the wheel.

It’s a sobering statistic, and it’s clear that there’s a real need to address the problem. Texting might be the way that we’ve all gotten used to keeping in touch with one another but combine it with overseeing a vehicle and you have a very serious, deadly weapon that can lead to all sorts of distressing, traumatic situations.

In this post, we’ll look further into the dangers of texting while driving, the laws in place to prevent it, and what we can do to reduce it and prevent the accidents that it causes.

 

The Dangers of Texting and Driving

Sending or reading a text message while driving can seriously impair a driver’s ability to react to hazards on the road. While you are texting, you are not giving your full attention to the vehicle and the road ahead of you. When texting, the driver must divide their attention between the road and their phone, which can make it difficult for the driver to quickly react to any hazards that they encounter on the road such as lane changes, drivers in front of them suddenly stopping, or pedestrians. A driver who is texting has slower reaction times, which can make avoiding accidents harder.

Texting while driving can significantly increase the risks of a collision. It can cause drivers to take their eyes off the road for extended periods, leaving them unaware of what is going on around them. Texting while driving can also impair your ability to stay in control of the vehicle, leading to drifting out of lanes that can be seriously dangerous.

Plus, texting will divert the driver’s attention from their speed, which could lead to driving at an excessive speed, or slowing down to a dangerous speed, creating a hazard on the road.

 

Laws Against Texting and Driving

There are various laws, and penalties, for texting and driving that vary depending on the state and jurisdiction. Some states passed laws that prohibit all drivers from texting and driving, while others only prohibit certain groups of drivers, such as teenagers, from using a smartphone while driving. There are various penalties for texting while driving, which could include fines and jail time.

A survey in 2019 by the NHTSA showed that Americans continue to use their electronic devices while behind the wheel, regardless of the laws and warnings that it can lead to accidents, injuries, and even death. According to Ray RaHood, the U.S. Transportation Secretary at the time, there is no way to text and drive safely.

In 2012, there were very different results from another NHTSA national survey, on Distracted Driving Attitudes and Behaviors. 74% of drivers supported a ban on hand-held cell phone use while driving, while a huge 94% of respondents supported a ban on texting while driving. They believed that drivers committing these offenses should be fined no less than $200.

 

Texting and Driving Laws in the States We Cover

The states we cover and their laws on texting while driving are as follows:

California: Drivers are not permitted to use a cell phone for calling or reading and writing text messages while driving on a public road. However, drivers are permitted to use cell phones for calling and texting if they do so through a handsfree system. All drivers under the age of 18 are prohibited from using a cell phone when driving, even when a handsfree system is used.

Nevada: Drivers of all ages are prohibited from texting, accessing the internet, and using hand-held devices for any other reason while driving. There are some exceptions – hands-free devices are permitted, and drivers are also permitted to touch their phones to ‘activate, deactivate, or initiate a feature or function’. It’s also legally permitted to use a phone while driving if reporting a hazard, crime, or emergency.

Texas: In Texas, it’s illegal for drivers to use cell phones, including for texting, when driving and the car is moving. All uses of handheld devices are banned when driving through a school zone, and drivers with a learner’s permit are not permitted to use a cell phone in any manner while behind the wheel during their first six months of driving. Drivers who are under the age of 18 are not permitted to use any kind of handheld device while driving.

 

Preventing Texting While Driving Through Educating Drivers

An accident caused by texting while driving is often one of those things where you might think ‘it will never happen to me’. However, the dangers of using your phone to send a message while behind the wheel can happen to any driver, no matter how long you have been driving for or how good you are as a driver.

Drivers can use several strategies to avoid the temptation to text and drive, including switching off or silencing the device while driving. If you must respond to a text message while driving, it’s also a good idea to designate a passenger to respond on your behalf. Keeping your phone out of reach while driving, if you can, can also help reduce the temptation to use it. If you use your phone for GPS directions, it can be worth checking your phone’s system for driving mode, which will prevent you from getting distracting notifications or calls coming through when using your phone to follow a route.

Educational programs and campaigns can also be effective when it comes to raising awareness on the dangers of texting and drivers. For example, AT&T’s ‘It Can Wait’ campaign encourages people to promise not to text and drive. Many schools also run programs to educate teens on the dangers of texting while operating a car before they get behind the wheel.

If you’ve been involved in a car accident through somebody’s driving and texting, we know how frustrating and distressing this situation can be. At Karns & Karns Personal Injury and Accident Attorneys, our lawyers are well-versed in the laws and have won many cases for clients affected by a driver who was texting behind the wheel. Call us today at 877-557-4221 to discuss how we can help you.

Distracted Driving: Actions and Consequences

Distracted driving is a serious problem affecting millions of people on the road each year. Distracted driving is any activity that diverts the driver’s attention away from the task at hand: driving a vehicle. There are various types of distracted driving, including visual, manual, and cognitive distractions.

Being distracted while driving can lead to serious accidents, injuries, and even death. According to the National Highway Traffic Safety Administration, there were over three thousand deaths caused by distracted driving in 2020.

The purpose of this guide is to raise awareness about distracted driving, its dangers, and its potential consequences. We’ll investigate the different types of distractions that may become a problem for drivers, the impact they can have, and the steps that you can take to prevent them.

 

Types of Distractions

When driving, there are lots of things that could potentially become a distraction. These are:

Visual Distractions

Visual distractions refer to any kind of distraction that takes the driver’s eyes off the road; for example, looking at a phone, using a GPS system, or using any other kind of electronic device while driving. While modern cars are designed with GPS systems that you can use without the need to take your eyes off the road, for example, by giving it voice commands, smartphones and other electronic devices don’t always have these features. These can be very dangerous for drivers, which is why it’s against the law to drive and use your phone for things like texting or browsing social media. Trying to read a map or program a GPS system while driving can also be dangerous, which is why it’s important to have your route planned and GPS set up before you set off.

Manual Distractions

Manual distractions are any kind of distraction that takes the driver’s hands off the wheel. Some examples of this could be eating, adjusting the radio, or smoking while driving. Being distracted by these kinds of tasks can make it harder for a driver to maintain control of the car and can be a risk factor for accidents.

Cognitive Distractions

These refer to any type of distraction that takes the driver’s mind off the task at hand. This could involve thinking about personal problems, daydreaming, or being too tired to focus on driving. Cognitive distractions make it harder for a driver to quickly react to unexpected situations, which can increase the risk of accidents on the road.

It’s crucial to note that these distractions often don’t happen one at a time – and a combination of two or more of them can make driving especially dangerous. For example, a driver may be visually distracted by their GPS system, manually distracted trying to eat while driving, and cognitively distracted by worrying about a personal problem. In this kind of situation, the risk of being involved in an accident increases significantly.

 

Consequences of Distracted Driving

Distracted driving can have serious consequences. These are:

Personal Consequences

Distracted driving can lead to a range of serious personal consequences, including serious injury or death, or being arrested for driving dangerously. Drivers who are distracted by something else while they are behind the wheel are more likely to be involved in accidents that can result in serious injuries or even death for the driver, passengers, and other people on the road.

Drivers who cause accidents due to driving while distracted can also face legal consequences such as fines and imprisonment. They may end up with a criminal record.

Financial Consequences

Driving while distracted can also have serious financial consequences for drivers. When an accident is caused, it can lead to many serious expenses such as vehicle repairs, legal fees, and increased insurance premiums. Plus, a driving distracted accident can have a range of knock-on effects, such as losing your job due to an arrest or criminal record. It may lead to other financial hardships, such as being unable to continue working due to no longer having a usable vehicle.

Social Consequences

The social consequences of driving while distracted can also be severe. This is especially true if an accident due to distracted driving occurs while passengers are in the car. People who cause road accidents because of driving while distracted may ruin their relationships with friends and family. Along with this, they may be required to perform community service or take part in other rehabilitation processes.

It’s important to note that the consequences of distracted driving can go far, affecting not only the driver, but also their family and friends. The impact of a distracted driving accident can be felt for years, leading to various hardships and problems.

 

Preventing and Solving the Issue of Distracted Driving

Laws and regulations are in place to prevent distracted driving and discourage drivers from taking part in anything that may distract them while they are on the road. Many states have laws against texting or using a smartphone while driving, which aim to reduce the number of distracted drivers on the road and ensure that it is as safe as possible. Some states have made it mandatory to use hands-free kits for making calls while driving.

In addition to this, education and awareness campaigns are in place to prevent distracted driving. Driver’s education classes, educating school students, and public awareness campaigns are another way to prevent distracted driving by educating drivers about what distracted driving is, how to avoid it, and on the importance of staying focused when behind the wheel.

At Karns & Karns Personal Injury and Accident Attorneys, we understand how distressing it can be to be involved in an accident with a distracted driver. If a distracted driver has collided with you on the road, it can lead to a far-reaching range of effects including vehicle damage, physical injury, emotional trauma and financial trouble. Ultimately, you deserve to be compensated for what you have been through.

The aftermath of being hit by a distracted driver can be tough. We’re here to help. Get in touch today to discuss your case and what we can do to help ensure you are compensated. Call us at 877-557-4221.

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!