What Has to Be Proven in a Wrongful Death Case?

Losing a loved one through an accident that wasn’t their fault — like a car crash, fatal workplace injury, or exposure to a hazardous chemical — is one of the worst things that can happen to a family.

Many families experience the trauma of losing their loved ones and are angry at the party that caused the accident. Financial worries are another concern. While no amount of money can make up for the loss of a loved one, a personal injury attorney in Los Angeles can help families with a wrongful death settlement to ease their financial plight.

However, proving a wrongful death claim can be complicated. Generally, a wrongful death claim requires the same burden of proof as a personal injury case and the same legal elements as well.

 

What Is a Wrongful Death?

Not every death — even one caused by accident — is considered to be a wrongful death under the law. A wrongful death lawsuit is filed by the decedent’s heirs which are generally family members. It can also be filed by a personal representative of the deceased person’s estate. Not all family members qualify to bring a wrongful death case, and such cases must meet specific criteria to be valid.

 

Main Components of Wrongful Death Cases

Your personal injury attorney in Los Angeles will need to prove four things:

  1. Legal Duty
  2. Negligence
  3. Causation
  4. Damages

We’ll explore each element a little closer.

Legal Duty

Duty of care is a legal responsibility that people have toward each other.  For example, a doctor or nurse owes a duty of care to their patients. A manufacturer of consumer products has a duty toward customers to create safe products. A driver has a legal duty of safety to others on the road. Before showing that the defendant caused a wrongful death you must first show the defendant had a legal duty of care to the decedent. This finding is essential for a personal injury attorney in Los Angeles to proceed with a wrongful death case.

Negligence

Negligence is a fancy word that basically means someone did something wrong or acted unreasonably. This wrongful or unreasonable conduct is negligence. When a wrongful death lawsuit is brought your lawyer must show that the defendant was negligent. They must prove that the defendant acted unreasonably and thus breached their legal duty of care to the decedent. All types of conduct can be considered negligent. Violating traffic laws like running a red light would certainly be considered negligent conduct. Allowing a dangerous condition on a property can be considered negligent. Other types of negligence may include sloppy oversight on the part of a consumer product manufacturer, disregarding workplace or OSHA safety standards, or distracted driving that causes a vehicle collision. Negligence can also include the failure to act, known as an omission.

Causation

The personal injury attorney has to prove that the defendant’s negligence caused the death of their loved one. They’ll gather evidence, including witness statements, CCTV footage, or details about company procedures that focus on safety. A defendant may still be responsible for the wrongful death of a loved one even if they were not the sole cause of the death. There may be a number of factors that lead to a loved one’s death. The defendant’s conduct or omission only needs to be more than a trivial factor in the death for a valid wrongful death claim.

Damages

Damages are the money owed to compensate the family in a wrongful death case. These are both economic (quantifiable) and non-economic (impact on the survivors’ lives). Common damages in a wrongful death case include:

  • Medical expenses, including hospitalization before the individual died
  • Burial and funeral costs
  • Loss of income and potential earnings
  • Pain and suffering of the victim before death and the family after the death
  • Loss of love, compassion, society, and affection

Although some of these costs can be quantified, others are harder to put a dollar figure on, which is why families benefit from an experienced wrongful death lawyer.

 

Common Wrongful Death Causes

Many causes of wrongful death are the same as those classified by personal injury. Each type of wrongful death requires the same four elements to be proven.

The most common causes of wrongful death are:

  • Medical malpractice and birth injuries
  • Vehicle accidents
  • Motorcycle accidents
  • Occupational exposure or hazards
  • Product defects
  • Abuse or neglect in a nursing home or other care facility
  • Premises liability accidents
  • Construction accidents

Although each type of accident has the four elements that determine liability on the part of the defendant, establishing the elements is different for each type of accident.

However, since it’s a civil matter, the burden of proof in a wrongful death case is lower than in a criminal case. While the defendant may face criminal charges — such as the penalty for DUI in a car crash — wrongful death cases are to compensate victims, not punish the guilty party.

 

Who Is Able to File a Wrongful Death Case?

In California, the only parties that can file a wrongful death suit are the deceased’s:

  • Spouse or domestic partner
  • Children, both biological and adopted
  • Parents
  • Siblings in the absence of any of the above

Technically speaking, the only person who files the wrongful death suit is the deceased’s heirs at law. A decedent’s estate can also file a wrongful death claim through a personal representative of the estate.

Compensation in wrongful death cases can and should be significant. The loss of love and affection from a father, mother, or child is significant. Wrongful death cases often result in large settlements and jury verdicts.

Pedestrian Accidents Are on the Rise

There has been a real and noticeable rise in pedestrian accidents since the pandemic began. Figures are up an alarming amount, with the number of reported accidents each year almost doubling. So, why is this trend moving at such a rate, and what are the contributing factors behind the shift? There are a few reasons that are easily pinpointed, and these are explored below.

 

Poor Road Designs

One major complaint worth discussing is the poor infrastructure and road design. Not only are roads deteriorating, but there are more and more complicated and ambiguous structures in use than ever before. This means an increase in mistakes from drivers has left a wide gap for pedestrians to become vulnerable to collision episodes. A lack of public funds, a slowdown for essential engineers and construction staff, and a general move away to other priority areas in policy have really left a gap for the roads all over the country to become somewhat neglected in many areas. People are therefore left in a tricky predicament. Pedestrian accidents have become a natural consequence, and the issue does not appear to be going away.

 

Reckless Driving

The pandemic saw a definite rise in reckless driving. The roads were emptier and police patrols were few and far between because of all the associated anxiety with humans coming into close contact. This was a perfect storm that led to an uptake in dangerous driving with minimal consequences. With more people walking about in local areas for exercise and something to do, and less care taken on the roads, pedestrian accidents saw a natural increase.

This trend does not appear to have settled as of yet, with more accidents of this nature being reported than ever before. Despite things returning to more or less normal, and the roads once more busying up, the habits of daily walks and exploring areas on foot means more pedestrians. Mix this in with a return to normal driving levels, and the problem has only grown.

 

Drunk Drivers

Similarly, reckless driving is often caused by drunk drivers. This has always been an issue on the roads, but it seems to have risen as people were drinking more at home and less out and about. Normal standards were blurred, and it is yet to balance out seemingly. This leaves pedestrians at risk of people getting behind the wheel inebriated, and it is happening more and more frequently.

 

Lack of Road Safety Awareness

The younger generations do not appear to have as much road awareness when it comes to what is safe and what isn’t. Young people, teenagers, and young adults in particular are a high risk category in this context. Road safety awareness is an essential life skill, but there is not as much focus on it as the years go by. There are many trends that have overtaken in terms of priority like cyber safety, technology skills, and equality issues. Road safety, while still highlighted as a core academic milestone area, does not have as much of a focus because new things are leading the charge.

 

Night Time Driving

When social gatherings were back on track, there was a definite increase in nighttime driving. Driving at night carries a unique set of risks like tired drivers, decreased visuals, and higher anxiety. All these components add up to an increased scope for accidents to occur. Pedestrians walking around at night should always try to make themselves as visible as possible and stick to the designated pathways so they are actively avoiding moving traffic.

 

Bigger and Faster Cars

The significant spike in popularity of bigger, faster vehicles like SUVs is definitely a contributing factor. These cars were not originally explicitly intended for general use on average roads, but instead for work purposes or specialist excursions. However, more and more households are acquiring these vehicles as a daily use mode of transport and family car. These are quite powerful vehicles and can cause real damage if involved in a pedestrian collision. Compared to other vehicle types, they are more dangerous in the hands of a less experienced driver.

 

More Drivers

There are more drivers on the roads which have led to an organic increase in pedestrian based accidents. It makes sense that with more cars on the road and more people driving, there would be a correlation between the two events. The infrastructure is busier, peak times are blurring into non-peak times and an increase in drivers means an increase in mistakes, poor driving decisions, and a decrease in general safety out and about.

 

What to Do If You’re a Pedestrian In an Accident

If you are a pedestrian that has suffered as a result of a vehicle collision, there are some courses of action to take. If you have been seriously injured, it is always worth seeking compensation. Finding professional representation is the only route to securing remuneration and support if you need to take time off work and pay expensive medical bills. The car owner is likely to move through their insurance provider, and there should always be police involvement too. It is a crime, after all, so the proper procedures are essential in order to achieve the best possible outcome. You will need to:

  • Report the incident to the police as soon as possible.
  • Get the contact information for any witness to the event.
  • Try to take the driver’s details.
  • Seek medical assistance if you need it, and even if you don’t feel hurt it is best to get checked over just in case.
  • Find legal representation if you feel there is a call for financial reparations.

Pedestrian accidents are on the rise, and it’s easy to see why. Post pandemic life has led to a shift in patterns across the world in driving, road user habits, and general life. Pedestrians are more at risk because there are a higher number of people behind the wheel using the roads, and less government spending on essential infrastructure. Post pandemic life is strange indeed, with concrete habits such as increased alcohol intake and higher anxiety sticking around for good now life is moving back to normality.

4 Steps to Take When Filing a Personal Injury Lawsuit

When someone is physically and/or psychologically harmed by the action of another, that harm is legally termed as an instance of personal injury. If someone victimized by such an action sues the responsible party through their personal injury attorney, the ensuing case is called a personal injury lawsuit.

Note that in order to launch a successful personal injury lawsuit, it is not necessary for the responsible party to have caused intentional harm to the victim. As long as their actions led to harm, they can be held liable for paying compensation.

Therefore, if you or someone else in your family has been harmed by the actions of a third party, there could be a viable opportunity to seek compensation from the responsible party. The task may seem daunting for obvious reasons at first, but this step-by-step guide will simplify the process for you.

Carefully Collect All Documents

You should pay extra attention to collecting and safely filing all documents related to the incident. At the very least, make sure that you have copies of:

  • The initial police reports, further communications, and investigative reports.
  • The insurance report, communications, and documents.
  • All medical prescriptions, test reports, medication, bills, receipts, and more.
  • Damage assessment reports from experts.
  • Photos, videos, statements, written reports, names, etc. related to the scene of the incident.
  • All of the above directly or indirectly related to the final incident or its aftermath.

Given how varied the cases can be, there is no universal list of documents that can comprehensively include everything. Do not consider any document to be unnecessary without consulting with your personal injury accident attorney first. If you have not yet connected with a personal injury law firm, just keep collecting everything related to the incident for now.

Get to Know the Different Types of Personal Injury Lawsuits

As already explained, any intentional or unintentional injury caused by a third party can qualify as an instance of personal injury. All legally acknowledged instances of personal injury are broadly divided and subdivided into various classifications. It is advisable that you take some time and learn about the different categories and subcategories.

Having only the basic knowledge should be enough for you to identify your own case’s probable category. The following list should provide you with a decent idea about what we are discussing here.

Vehicular/Motor Accident Lawsuits: Personal injuries suffered by a victim after being involved in an auto accident. This includes car accidents, motorcycle accidents, truck accidents, boating accidents, train accidents, and pedestrian accidents to name just a few.

Product Liability Lawsuits: Personal injury caused by a design or manufacturing defect in any product from vehicles and commercial safety equipment to medical tools and construction equipment.

Medical Negligence Lawsuits: Personal injury caused by negligence in medical diagnosis, treatment, procedure, prescription, and/or aftercare.

Work Related Personal Injury Lawsuits: Negligence in workplace safety standards that are responsible for personal injuries from instances of slip and fall, fall from an elevated surface, electrocution, projectile, struck by an object, etc.

Personal Injury Caused by Assault/Abuse: If the personal injuries were caused by intentional assault and/or abuse, you still have the right to sue the alleged assaulter/abuser for compensation separately in a civil court. The criminal charges on them will be tried separately in a criminal court.

Find the Top Personal Injury Attorneys

You can also save yourself the trouble of searching online with keywords and receive a free consultation directly from one of the top personal injury attorneys California has to offer. Karns & Karns Personal Injury and Accident Attorneys specialize in all areas of personal injury claims, ranging from car, truck, and motorcycle accidents to bad faith insurance claims and all claims related to work-related injuries.

It’s a quick, free, and easy way to know if you have a strong personal injury lawsuit on your hands. If a personal injury accident lawyer from the firm does take up your case, they will guide you through every step of the process from that point on. The best part is that Karns & Karns Personal Injury and Accident Attorneys only charge their fees after securing the due compensation for their clients and not before. There are Statutes of Limitations that apply to all personal injury claims, so act as quickly as possible.

Get to Know the Legal Process

After you start working with your or personal injury lawyers, they will help you with:

  • Obtaining all essential documents.
  • Finding the legally responsible party.
  • Categorizing and establishing the case against them.
  • Employing investigative measures to gather further evidence.
  • Assist you in getting the right medical care for your injuries.
  • Filling out the applicable form for personal injury, property damage, wrongful death.
  • Serving notice of the claim.
  • Initiating and negotiating an out of court settlement discussion, if possible.
  • Filing a lawsuit, if the above is not applicable or in case the negotiations fail.
  • Trial.

If your case goes to trial then your personal injury attorney will represent you at the trial with the goal of helping you receive the highest possible compensation for your injuries, treatments, medication, lost wages, emotional damages, and more, depending on the case’s particulars.

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.

What to Say to Your Insurance Company After a Car or Semi-Truck Accident

After being involved in a car accident, you might experience a whirlwind of emotions and it can be quite terrifying. Even if you are lucky enough to not be seriously hurt, the stress, worry and anxiety after a car accident feels awful, and could lead you to act or speak in a way that might compromise your best interests when it comes to your case.

In fact, your insurance company or that of the other driver might be waiting for you to say the wrong thing. For example, apologizing at the scene might feel natural to you if the other driver has been hurt or their car is wrecked. But while you might be saying sorry just to be nice, insurance companies might take this as an admission of fault and hold you liable for the accident, even if you weren’t at fault.

 

What to Say to the Insurance Company After an Accident

You will likely get a call from the claim adjuster from your insurance company around a few days after the accident, in which they will want to get more information on the details of what happened. It’s important to bear in mind that insurance companies are looking out for themselves rather than you. Because of this, you need to be prepared for them to be looking out for any reasons to reduce your payout as much as they can. The best way to avoid giving them anything to use to do this is to say nothing at all and hire an experience personal injury attorney.  If you find that you must provide a statement keep your conversation as short and to the point as possible. Some tips to keep in mind include:

Give General Information

When speaking to your insurance company, you are only obligated to provide general or basic details about the accident. This includes personal information about yourself such as your name, the type of car you were driving when the accident happened, the other cars involved, the names of other people involved in the accident, where the accident happened, when it happened, and information on the other driver’s insurance company.

 

Don’t Provide a Recorded Statement

You are not under any legal obligation to provide a recorded statement to your insurance company. It is important to avoid recording a final verbal statement, without consulting a good car accident or personal injury lawyer beforehand, who can help you do this in a way that is in the best interests of your case.

 

Don’t Be Too Specific

Even if you have got medical attention after being involved in the accident and are aware of the extent of your injuries, it is important to avoid giving a detailed description of them or providing a final statement regarding your injuries to the insurance company. This is because after a car crash, injuries may appear later down the line, especially if you have internal injuries that are not always obvious. Along with this, there is also the risk of your current injuries escalating into something more serious.

 

What You Should Never Say After a Car Accident

Whether you are talking to the insurance company, the other driver involved, or witnesses at the scene, it’s important to choose your words carefully after a car accident. The vocabulary that you use could lead to problems with your case after a car accident, even if you said them innocently or meaning well. Some things that you should always avoid saying after a car accident include:

Sorry

Even if you are simply the type of person who apologizes a lot and you feel bad for the other driver involved, apologizing to them is always a bad idea. Even if you think that you might be at fault for the accident, don’t say sorry to the other driver. This is because any witnesses to the interaction might see this as an admission of guilt or taking responsibility for the accident.

 

That You Don’t Have an Attorney

If you are contacted by your insurance company before you have had the chance to get in touch with us here at Karns & Karns Personal Injury & Accident Attorneys, the last thing you should do is admit to them that you don’t have a lawyer yet. If your insurance company knows that you do not have any legal representation, they might try to reduce your compensation. For example, they may offer a quick settlement, which will typically be significantly lower than the amount you could have received.

 

Let’s Handle It Ourselves

You should always tell your insurance company about any car accidents that you are involved in. It’s not uncommon if you have a minor crash that only causes a little bit of damage to your car, and has not led to any serious injuries, to consider simply not telling your insurance company about it, getting the cars fixed and getting on with your life. However, it’s important to resist the urge to avoid reporting a car accident, especially if it was only a fender bender. The truth is that you may be due compensation for any crash, and not reporting a car accident to your insurance company will only make it harder to receive the payout you are owed.

If you’ve been involved in a car crash, then it’s important to carefully choose the words you use at the scene and when talking to your insurance company. Get in touch with our experienced lawyers today if you need advice on what to say. Call us at 877-557-4221.

5 Common Accidents In California

Accidents can and do occur in everyday life. Being a careful driver, wearing reflective clothing while bicycle, or waiting for the green light to cross the street as a pedestrian are all important ways to reduce your accident risk. However, it’s still too easy to endure the effects of a life altering injury.

Anyone who lives in California would probably not be surprised to learn that the most frequent causes of injuries are slip-and-fall accidents, automobile accidents, truck accidents, pedestrian accidents, and bicycle accidents. The most crucial thing to remember is that you must learn about your rights and take proactive measures to protect yourself and your future if you ever find yourself the victim of such an accident.

Truck Accidents

There are many other reasons why truck accidents might happen, including careless truck drivers, poor vehicle maintenance, and the inability of passenger automobiles to maneuver around larger vehicles. Among the most typical accidents kinds you could experience are listed below:
• Jackknife
• Wide turn collisions
• Truck rollovers
• T-bone accidents
• Tire blowout

If a truck accident has injured you, you must retain the services of a qualified attorney who can assist you in obtaining the money you want to cover your medical expenses, property damage, lost earnings, and emotional distress. Likewise, even if everyone is cooperative and you believe your injuries may be minor, you should consider calling the police and going to the hospital immediately.

Car Accidents

In California, there are hundreds of thousands of car collisions annually. Unfortunately, many car accidents are caused by drivers who are careless or reckless. To significantly reduce the danger of collisions, injuries, and fatalities, drivers must comprehend and steer clear of the most prevalent of these behaviors.
• By limiting a driver’s effective reaction time and ability to maintain control of their vehicle, speeding can increase the likelihood of collisions.
• Each year in California, hundreds of car accidents are caused by drivers under the influence of drugs or alcohol.
• One other accident-causing factor in California is driver distraction. Numerous still-legal distractions, like eating while driving, might increase the likelihood of a car accident.

Motorcycle Accidents

One of the riskiest modes of transportation is a motorcycle. Tragic accidents are more likely to happen to motorcycle riders. Hundreds of motorcycle accidents in California yearly result in injuries or fatalities. Some of the most common reasons for motorcycle accidents in California are the ones listed below:
• Head-On Vehicle Collisions
• Intoxication
• Lane Splitting
• Road Hazards

Speak with motorcycle injury lawyers. Everything will be handled by motorcycle injury lawyers, including gathering proof, speaking with witnesses, communicating with insurance providers, and presenting the case in court.

Train Accident

It is impossible to emphasize railway accidents’ emotional and financial toll on victims and their families. Despite the fatalities and demands for more safety, there will probably be more California train accidents in the coming days. The following list includes some of the most frequent causes:
• Negligent engineering
• Lack of sufficient training
• Equipment malfunction
• Extreme speed
• Inconsistent signals

A train accident lawyer who is well-versed in how California and federal law interact may be necessary for the sufferer. Regardless of your situation, train accident lawyers will vigorously defend your rights and work to get you the money you are due.

Pedestrian Accident

Since pedestrians use the roads, their safety is just as crucial as that of drivers and passengers. However, these mishaps can result in catastrophic injuries or the loss of precious lives. Here are a few of them to keep in mind whenever you set out on foot:
• Intoxicated drivers
• Walking during night-time
• Pedestrians not using the sidewalk
• Drivers making unsafe left turns
• Speeding drivers
• Distracted pedestrians

Get the necessary legal counsel from a personal injury attorney as soon as possible to avoid engaging in a pedestrian accident in California. Do not hesitate to contact Karns & Karns Personal Injury & Accident Attorneys if you or a loved one was injured in an accident. Our pedestrian accident lawyers have years of expertise in helping clients obtain the greatest compensation to cover their damages and injuries. Our injury attorneys will ensure that you receive the correct medical care for your injuries, provide outstanding legal counsel, and secure just compensation.

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.