California
Motor Vehicle Accident Attorney
If you have been injured in a motor
vehicle accident, you have enough things to worry about--the pain
of your injuries, your ability to return to work, paying your medical
bills--let an experienced personal injury lawyer deal with the insurance
companies.
Call The Law Office of Barry J. Simon in California,
or Reno, Nevada,
for help. At our office, Attorney Barry J. Simon dedicates himself to each
client and aggressively fights for your right to receive fair compensation
for your injuries. For a free consultation, in California
call (310) 578-5883 or (877) 733-4393 or in Nevada
call (775) 853-8041 or by email bsimon4370@aol.com
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Southern
California
Law Office of Barry J. Simon,
25500 Hawthorne Blvd, Suite 1145,
Torrance, CA 90505
(310) 578-5883
|
Northern
California
Law Office of Barry J. Simon,
11448 Deerfield Dr., Suite 2, #155,
Truckee, CA 96161
(877) 733-4393 or (775)
853-8041
|
Northern
California and Nevada
Law Office of Barry J. Simon
10580 N. McCarran Blvd., # 115 - 144
Reno, NV 89523
(775) 853-8041
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Our law firm represents clients Nationwide including, but not limited to
Northern California areas such as Sacramento,
Chico, Concord,
Davis, Fairfield,
Fremont, Hayward,
Lodi, Manteca,
Modesto, Napa,
Paradise, Roseville,
San Francisco, Santa
Rosa, Tracy,
Vacaville, Vallejo,
Woodland, and Yuba
City. We also serve the Southern
California areas of Los Angeles
and San Diego. Our firm serves
all of Alameda County,
Alpine County, Amador County,
Butte County,
Calaveras County,
Colusa County,
Contra Costa
County, El
Dorado County,
Glenn County,
Lake County,
Los Angeles County,
Napa County,
Orange County,
Placer County,
Plumas County,
Sacramento County,
San Diego County,
San Francisco County,
San Joaquin County,
Sierra County,
Solano County,
Sonoma County,
Sutter County,
and Yuba County.
We also represent people injured on Interstates such as I-5, I-15, I-80,
I-405 and I-580.
Cases arising out of automobile accidents are by far the most common
type of personal injury case in our court system today. This is not
surprising, given that every 10 seconds, someone
in the United States
is involved in a car accident, according to the National Highway Traffic
Safety Administration (NHTSA). Except in those states where "no-fault"
legislation has been passed, these cases are typically governed by the law
of negligence. Generally, people who operate automobiles must exercise
"reasonable care under the circumstances." A failure to use
reasonable care is considered negligence. A person who negligently operates
a vehicle may be required to pay for harm to a person or property, caused
by his or her negligence. The injured party, known as the plaintiff, is
required to prove that the defendant was negligent, that the negligence caused
the accident, and that the accident caused the plaintiff's injuries. If you
have been involved in a motor vehicle accident, do not hesitate to seek
legal counsel from a personal injury attorney experienced in automobile
accident cases in order to best protect your interests.
Fault
As with other types of accidents, figuring out who is at fault in a
traffic accident is a matter of deciding who was negligent. In many cases,
your instincts will tell you that a driver, cyclist or pedestrian acted
carelessly, but not what rule or rules that person violated. Fault issues
can be complicated, and an experienced attorney will look to a number of
sources, such as police reports, state traffic laws, and witnesses, to help
you determine who was at fault for your accident.
Courts look to a number of factors in determining whether a driver was
negligent. These factors include, but are not limited to, the following:
- disobeying traffic signs or
signals;
- failing to signal while
turning;
- driving above or below the posted
speed limit;
- disregarding weather or
traffic conditions;
- failing to drive on the
right side of the road; and
- driving under the influence of
drugs or alcohol.
Causes of Automobile Accidents
A driver may also be liable for an accident due to his or her
intentional or reckless conduct. A reckless driver is one who drives
unsafely, with "willful and wanton disregard" for the probability
that such driving may cause an accident. A driver could be found reckless,
for example, if he or she drives in a threatening or harassing manner out
of "road rage" and causes an accident. (Criminal charges can also
stem from such behavior). Road rage is defined as "an assault with a
motor vehicle or other dangerous weapon by the operator or passenger on another
motor vehicle, or an assault precipitated by an incident that occurred on a
roadway."
In 2000, there were a total of 17,663 crashes caused by drivers with
these aggressive driving behaviors. According to a recent NHTSA survey,
more than 60 percent of drivers consider unsafe driving by others,
including speeding, a major personal threat to themselves and their
families. About 30 percent of respondents said they felt their safety was
threatened in the last month, while 67 percent felt this threat during the
last year.
Traffic safety and law enforcement organizations are renewing efforts to
identify and penalize aggressive drivers-those who speed, tailgate, zip
from lane to lane, flash headlights in frustration, and engage in other
dangerous driving practices. The NHTSA defines aggressive driving as a
progression of unlawful driving actions such as:
- speeding-exceeding the
posted limit or driving too fast for conditions;
- improper or excessive lane
changing;
- failing to signal intent;
- failing to see that
movement can be made safely; or
- improper passing-failing to signal
intent, using an emergency lane to pass, or passing on the shoulder.
Avoiding an Accident
If you are confronted by an aggressive driver, the NHTSA recommends that
you take the following actions:
- Get out of the way: first
and foremost, make every attempt to get out of his or her way.
- Put your pride aside: do
not challenge the aggressive driver by speeding up or attempting to
hold-your-own in your travel lane.
- Avoid eye contact: eye
contact can sometimes enrage an aggressive driver.
- Avoid gestures: ignore
gestures and refuse to return them.
- Report serious aggressive
driving: you or a passenger may call the police (but, if you use a
cell phone, pull over to a safe location).
Drunk Driving
Every 30 minutes, someone in this country dies in an alcohol-related
crash. Last year alone, over one million people were injured in
alcohol-related traffic crashes. In a lawsuit arising from a drunk driving
accident, (in addition to the intoxicated driver being held liable for the
injuries he or she caused), a bar or social host may be liable for damages
if they served an obviously intoxicated guest, who then drove and caused an
accident. The fact that the person who served the intoxicated driver
alcohol may be held liable does not relieve the intoxicated driver of
liability, however. Experienced personal injury attorneys are aware of the
laws governing legal responsibility and can help you identify who might be
held responsible for your injuries, including people or businesses you may
not have considered.
Accidents that are Not Caused by the Drivers Involved
In certain cases, accidents are caused by factors unrelated to the
conduct of any particular driver. For example, an automobile accident may
occur due to a defect in someone's automobile. In such a case, an
automobile manufacturer or supplier may be responsible for injuries caused
by a defect in the automobile under the law of product liability. A product
liability suit is a lawsuit brought against the party responsible for a
defective product that caused physical injury to a consumer or user. If a
manufacturer of a product creates a defective product-either in designing,
manufacturing, or labeling the product the manufacturer may be liable for
any injuries the product causes.
A driver may not be at fault for an accident where a mechanic fails to
properly repair a vehicle, and the failure causes an accident. In such a
case, the person who improperly repaired the automobile, and his employer,
may be liable for the injuries sustained under the theory of negligence.
Other factors, such as poorly maintained roads and malfunctioning
traffic control signals can contribute to cause an accident as well.
Improper design, maintenance, construction, signage, lighting or other
highway defects, including poorly placed trees and utility poles, can also
cause serious accidents. In cases such as this, government entities may be
potential defendants. Special rules apply to claims and lawsuits
brought against governmental bodies, however, and good legal advice is
critical to preserving and winning such claims.
Conclusion
In all of the above cases, it is essential that accident victims take
prompt measures to preserve evidence, investigate the accident in question,
and have physicians or other expert witnesses thoroughly evaluate any
injuries. If you have been a victim of a recent automobile accident, do not
hesitate to call upon personal injury attorneys who are skilled and
experienced in motor vehicle accident cases to assess your situation and
determine the best methods for you to obtain any compensation available for
the damages you suffered.
Copyright © Law Office of Barry J. Simon
DISCLAIMER: This site and any information contained herein are intended
for informational purposes only and should not be construed as legal
advice. Seek competent legal counsel for advice on any legal matter.
