Tag Archives: car accident

What to Do When an At-Fault Driver Dies in the Crash

26 August
2022

According to the National Highway Traffic Safety Administration (NHTSA), California saw a 10% increase in traffic deaths last year, with approximately 4,300 fatalities. Sadly, the spike in traffic-related deaths was not new, as it was the second consecutive year of increased motor vehicle crash fatalities. The nation also experienced a 16-year high in traffic deaths in 2021. Today, the world has more car accidents and related fatalities than ever.

Outlined below, are crucial steps to heed after an accident, followed by how to navigate an accident involving a fatally injured at-fault party.

  • When you are in a safe location adjacent to the accident, you should always call the police as it ensures proper procedures and cooperation of all parties involved and official and adequate documentation through a police report. In addition, the accident or injured parties may require emergency medical technician (EMT) services.
  • Check yourself for any immediately apparent wounds and the well-being of passengers in your vehicle.
  • If you can, taking photos of the vehicles involved will be helpful later in the process, and identifying and speaking with potential witnesses. Taking notes of your recollection of the events leading up to and causing the accident is also beneficial.
  • Always follow up with a medical provider, even if you feel fine, and get checked out at the emergency room, an urgent care clinic, or your primary care doctor for injuries that may not be immediately visible to you.

These steps should always be followed but are easier under typical circumstances. However, in some accidents, injuries sustained, and fatal events can prevent some of the above steps from taking place.

What happens if you get into a wreck, are injured, and incur damages, but the at-fault driver passes away in the accident?

Can you still seek compensation if the at-fault driver died in the accident?

Yes. In short, if the at-fault driver dies in a car accident, their insurance company is still obligated to pay damages to the other driver. Due to California’s at-fault status, the responsible party’s insurance company is accountable for paying damages. In the event the driver who caused the crash passed away as a result of the accident, their insurance policy would still be the source of compensation for any injuries or property damage you may have sustained but bear in mind the insurance policy likely has a limit.

What happens if the compensation offered doesn’t cover medical expenses, future expenditures related to the injury, and other associated costs and damages? The negligent driver’s estate might be able to provide compensation if the at-fault individual had inadequate or no insurance. Although seeking compensation in this way can be more complex and may require filing a lawsuit, you still have the right to pursue it. Under such circumstances, it is wise to seek the knowledgeable legal guidance of a San Francisco Bay Area attorney.

Concern for the Loved Ones of the Deceased

In addition to such instances being more challenging, they can also be emotionally burdensome. You may feel concerned for the at-fault driver’s family, what they are going through, and what the claim or suit process and receiving rightful compensation may mean for them. Yes, the individual likely has a family who is now mourning the loss of their loved one. However, medical debt and related expenses can add up quickly after an accident, so it is best not to postpone filing a claim and reaching out to a lawyer. Keep in mind that your primary point of contact, in most cases, will be with the at-fault driver’s insurance company. An experienced California Bay Area attorney can guide you through this process, provide support at each juncture, and ensure that you receive the total compensation to which you are entitled. We invited you to contact our offices to schedule a free consultation with our skilled Bay Area car accident attorney.

The Eight Most Common Mistakes Injured Car Accident Victims Make When Talking to Their Doctor

26 August
2022

Over the past several years, traffic fatalities have risen in the US, reaching a grim 16-year high in 2021. In the aftermath of a collision, emotions usually run high, heightened by additional responsibilities like filing an insurance claim, providing a clear and concise statement for the police report, documenting damage, and seeing a physician if you have any injuries. Signs of trauma to the body may not be initially apparent in some instances, and in others, the injuries are obvious. Either way, getting proper medical attention is crucial. However, errors and oversights individuals commonly make when meeting with physicians after a traffic accident can be detrimental to insurance claims and personal injury suits. Below, we examine car accident victims’ most common mistakes when consulting a physician.

1. Initially Turning Away Medical Attention

People often think they can simply “tough it out” after a car accident, but this can exacerbate underlying injuries. Regardless of initial feelings, it’s always wise to seek medical care after the crash. With many injuries, including whiplash, symptoms may not manifest for days or even weeks after being hit. Symptoms for many injuries are often masked by hormone release following traumatic scenes. Hormones like adrenalin and cortisol regulate the body’s stress and pain management after a motor vehicle accident. When released as coping mechanisms, hormones can provide the perception of momentary relief while covering a range of injuries from mild to severe. Delaying initial consultation and diagnosis can hinder recovery and can limit treatment options. Thus, it is best to have a qualified medical professional examine you for any damage inflicted by the accident’s impact.

2. Missing, Skipping, or Avoiding Follow-up Appointments

Once you have seen a doctor for your injuries, it is essential to follow up as recommended. Some instances may include attending physical therapy, seeing a specialist, or scheduling additional appointments to monitor the progress or regression of an injury. Failure to do so could result in your injuries getting worse or taking longer to heal. When pursuing a personal injury claim due to an accident, it is critical to follow the guidance of the attending physician.

3. Not Getting a Second Opinion

Seek a separate opinion from another medical provider if you are unsure about your current doctor’s diagnosis or treatment plan. If you have doubts regarding your physician’s assessment and conclusion, it is in no way an insult to the doctor to seek a second opinion. After all, your health and well-being come first.

4. Keeping the Doctor in the Dark

It would be best to advise your doctor about areas of concern, pain levels, bruising, other injuries you may have noticed, or changes in your physical ability and range of motion. In addition, providing the physician with a description of how the accident occurred can be incredibly helpful in discovering injuries and underlying concerns early enough to treat them correctly. By explaining how the collision happened, a doctor may determine which side of the body received the brunt of the collision’s impact and if you are at risk for a concussion or other trauma to the brain, head, or spine. For example, left unchecked, a moderate injury to the back can turn into years of chronic pain and trigger other conditions. By being honest and providing your physician with these vital details, you increase the likelihood of receiving a proper diagnosis and management of care.

5. Consulting Your Physician About Legal Matters

Your doctor’s primary focus is on improving the accident-induced injuries, restoring your overall health, and encouraging your recovery progress rather than addressing legal concerns. Your claim or lawsuit could be adversely affected by divulging sensitive case information. Physicians will frequently refer patients with litigious matters to another physician or remove themselves from the patient’s treatment plan, to avoid legal implications. Distancing may occur once a personal injury suit or litigation comes to light. Many physicians have a full caseload and prefer to avoid the added responsibilities, paperwork, and involvement attributed to legal matters such as court cases and lawsuits. Promptly mentioning a lawsuit can make a physician apprehensive about taking you on as a patient.

6. Unorganized Medical and Expenses Records

Following an accident, you will likely receive a slew of paperwork, including medical records. It is a disservice to yourself, your recovery, and a personal injury claim to lose track of related documents. It is best to keep all paperwork organized in files and make hard copies. You may also request copies of x-rays and other medical diagnostic results. All bills and receipts, for example, urgent care statements, therapy costs, prescription charges, and medical equipment receipts, document the expenses related to the injury. Debt can quickly accumulate after an accident, and a primary goal of insurance claims and personal injury suits is obtaining appropriate compensation for all expenses associated with your injury, pain and suffering, and other damages. All of the above elements are crucial to your attorney’s power to negotiate and fight effectively for rightfully owed compensation on your behalf.

7. Lack of Effective Communication of Injuries’ Impact

Ineffectively conveying an injury’s impact on your work, life, and daily task performance to your doctor can paint a false picture of your physical condition and the weight of the injury. Often, patients complain about their injuries until they reach the doctor’s office. Still, pain and other symptoms are downplayed once in the exam room to avoid burdening the “busy doctor” or medical staff. Remember, doctors, nurses, and medical assistants are there to help and work for you.

8. Precluding Treatment Early and Ignoring Mental Health Treatment

Terminating treatment regimens before being medically recommended can be dangerous. In addition, ignoring trauma symptoms such as anxiety, depression, and PTSD can be harmful and costly in the short and long term. Most injured victims develop anxiety disorder or depression or suffer from Post-Traumatic Stress Syndrome (PTSD) due to the crash. Consult your physician regarding such symptoms. Lastly, confer with your doctor before discontinuing a prescribed or recommended treatment.

The above are only some of the most common mistakes traffic accident victims make when addressing their physician. An experienced Bay Area car accident attorney can offer knowledgeable guidance on critical aspects of a personal injury case. If you were injured in a car accident or suffered a personal injury in California, we invite you to schedule a free consultation with one of our skilled attorneys.

Types of Traumas After a Car Accident

16 June
2022

According to data from UC Berkeley’s Transportation Injury Mapping System (TIMS) and the Los Angeles Police Department (LAPD), California experienced a significant increase in traffic-related injuries in 2021. An injury related to a motor vehicle accident may leave you wondering what trauma effects can arise.

A car accident victim may suffer temporary or permanent injuries, depending on the extent of the accident and its impact. These are in addition to legal and economic ramifications, along with navigating insurance claims.

Victims must be conscious of the extensive trauma, mental pain, and adverse effects that car accidents often produce.

Trauma following an accident; what and why?

Trauma is a physical and psychological reaction to an accident’s stress and unrest. It is not uncommon for victims to feel powerless, helpless, in pain, shocked, and even left with fear and doubts about their self-worth. The fear of getting behind the wheel can result from an injury from a collision. Others may become anxious about traveling in vehicles in general. Despite these common reactions, they can make daily life and activities more challenging.

Six Car accidents trauma-related conditions

Trauma effects after a car accident are difficult to predict, although they are more likely to develop among car accident victims. Among the predominant conditions linked to car accident injuries and trauma are:

  • Acute stress disorder (ASD)
  • Stress response syndrome
  • Post-traumatic stress disorder (PTSD)
  • Traumatic brain injury (TBI)
  • Psychological distress
  • Emotional trauma

Acute Stress Disorder: Develops in the days and weeks following an event characterized by an intense and painful reaction to trauma. Some individuals may feel detached or numb in an emotional sense, while others may exhibit unpredictable behavior.

Stress Response Syndrome: When an individual has difficulty coping with or adapting to a particular source of stress, such as a significant change in life, accident, loss, or event. The syndrome is often referred to as “adjustment disorder,” as patients often face hurdles attempting to adjust to life after a traumatic event.

Post-Traumatic Stress Disorder: PTSD is a psychiatric disorder triggered by scary, startling, or life-threatening events. As reported by the American Psychological Association, car accidents are a leading cause of PTSD in Americans. PTSD is denoted by persistent flashbacks or reliving memories of the event that precipitated the trauma and disorder.

Traumatic Brain Injury: 1.5 million traumatic brain injuries (TBI) occur in the U.S. annually, according to the Centers for Disease Control (CDC), and occur when a strong external force damages the brain. These injuries range from mild to severe. However, they account for the majority of disabilities and deaths in adults. Signs of a TBI can manifest immediately or develop over time.

Psychological Distress: Moods can fluctuate wildly and cause painful physical and mental symptoms. Psychological distress can signal the beginning of major depressive episodes, panic disorders, and anxiety. In addition, the trauma can result in impairment of cognitive functions. An extremely stressful or traumatic experience can cause psychological distress.

Emotional Distress: While emotional distress can take many forms, its generally characterized by mental anguish, feelings of hopelessness, self-isolation, and depression. Emotional distress is usually a response to a particular crisis or event.

Many forms of trauma, unfortunately, go unnoticed, undiagnosed, and untreated. Getting appropriate care is imperative. The following are symptoms of trauma to be aware of:

  • Anxiety
  • Panic attacks
  • Flashbacks or night terrors
  • Avoidance
  • Development of new fears
  • Self-isolating behavior
  • Emotional detachment or “numbness.”
  • Mood swings (frequent ups and downs)
  • Insomnia or new and poor sleep patterns
  • Problems focusing or learning
  • Depression or low moods
  • Loss of interest
  • Loss of motivation
  • Dizziness
  • Feeling foggy
  • Headaches
  • Loss of appetite or change in diet
  • Reduced libido
  • Aggressive or unpredictable behavior
  • Feelings of hopelessness

Can compensation after an accident include trauma?

Compensation may be available depending on the specifics of your claim. Consult an attorney specializing in this field to ensure you receive fair compensation. Compensation can assist with medical bills, prescription expenses, treatment costs, therapy, and more challenging to measure losses like pain and suffering. The trauma of a car accident can be grave and debilitating, but an attorney who is supportive and experienced can make all the difference.

Average Settlement for Car Accident Back and Neck Injuries

27 February
2022

Severe and life-threatening back and neck injuries can occur from a nasty car wreck. However, such symptoms and signs are not always immediately visible or felt by the victims. It can take days, sometimes weeks, for damage to fully manifest. Injuries also vary significantly from slight to severe, making them unique to the individual and their body’s trauma from the accident’s impact. Even a “minor” injury can profoundly impact one’s body and, as a result, their life.

The complex nature of our backs and necks, which house the spinal cord, means an injury to one of these areas can also detrimentally affect other body parts, making your day-to-day living dramatically different than pre-accident. For example, your mobility could be affected by a neck and back injury, which can have an enormous impact.

Medical attention is, of course, the first thing needed after being in such a crash; however, overlooking or forgoing professional legal guidance can cost you. Proper medical treatment and legal support are essential when filing your insurance claim and considering a settlement.

Injury Severity Influences Settlement Value

Settlement amounts for neck and back injuries range extensively and depend on several factors, the first being the severity of your injury. The average settlement for a car crash that involves a minor soft tissue injury to the back or neck (like whiplash) could range between $2,500 and $10,000. A cervical spine injury, one of the more severe and life-altering injuries, can result in a settlement around and upward of one million dollars. Spinal cord injuries to the cervical region are the most severe and can affect both sides of the body. When damage occurs higher up in the spine, the consequences are more serious.

Geography can also impact your settlement value. California has some of the highest median and average settlement amounts in the nation for neck and back injuries. The average in California was $1.7 million, and the median was just over $1.5 million. For perspective, California neighbor, Oregon, has a median settlement value for such injuries at under $250,000 and an average at just over $260,000. In determining the value of a settlement, you and your attorney should consider all possible contributing factors (even those less obvious).

Required Treatments, Therapy, Prognosis, and Conduct

At any rate, settlements may be up to $30,000 when physical therapy and injections are necessary to treat an injury. In the event of a broken bone or another problematic injury, a settlement can exceed $100,000. The value of your claim or the amount of your settlement may be higher if your physician indicates that you will continue to be in pain, have continued worsening and limited mobility, or have another impairment. Suppose the victim suffers a disability from a car accident. In that case, they may be entitled to compensation for future damage, which would need to be calculated and factored in before signing a settlement.

How you conduct yourself following an accident can also impact your settlement value. For example, suppose you are apologetic to the party you know caused your injury. In this case, a misconstrued apology could leave a nearby potential witness and even the police on scene questioning who the at-fault party is or sympathizing with them. Confusion, fear, disorientation, need to comfort, kindness, and other reasons can lead to saying sorry when something isn’t your fault leading to comparative negligence being used in court to put partial blame on you despite being the victim. Defendants in California can claim comparative negligence to reduce their fault in civil cases.

A simple, ill-placed “I’m sorry” statement can negatively impact your claim and prospective settlement. Even if you meant sorry, the event occurred in a general sense, you could end up being deemed 1%-100% at fault, which is frustrating and costly, particularly as a victim.

Many aspects impact a settlement offer: documentation, police reports, prognosis, completing advised medical treatment, organization of medical records, filing your claim promptly, even conduct as described above, and other additional components.

In the event you have suffered a neck or back injury in a car accident (mild or severe), you should contact an experienced California personal injury attorney to ensure you get the settlement you deserve. A proficient Bay Area lawyer can work with you every step of the way and ensure you are not offered an inadequate amount for your injuries. Signing a settlement without the counsel of a skilled attorney can leave you with overwhelming medical bills and costly future expenses that your settlement amount won’t be able to cover.

Car Accident Injury While Visiting California

30 October
2021

People across the country and all over the world come to see California’s beautiful and scenic sights. Whether traveling to ski in Northern California’s Sierra snow (perhaps in Mammoth Mountain), take a trip through beautiful Southern California down the Pacific Coast Highway, or come for business, millions of people visit the Golden State each year.

Yes, most visitors get to enjoy their trips to California. Unfortunately, an unexpected and injury-inducing car accident can quickly deflate a happy romantic honeymoon in Santa Barbara, put a damper on a full plate of business meetings in L.A. or San Francisco, or ruin a family reunion in Big Bear.

What to do if you’ve been in an accident during your California vacation?

An out-of-state accident can feel overwhelming as you are out of your element in many ways; however, the basic actions you should take still apply. You should always call the police and report the accident. Make sure to call 911 if anyone involved in the crash is seriously injured.

Next, take photos of the other car as well as any damage to your vehicle (or rental car). If you’re able to collect the contact information of all parties involved in the accident; however, if you are not able to, this is the officer’s job on the scene, including obtaining everyone’s insurance information for the police report. Next, (if able) look for any eyewitnesses and get their contact information and take down notes of any details they recollect.

Next, notify your insurance company, but try not to worry about this too much. They will have the information from the police report, but a heads up can’t hurt, especially if you’re out of state or using a rental car and have additional insurance.

Should you get checked out by a medical professional or contact a law firm?

You should always go to the hospital or an urgent care following an accident to be checked out by a medical professional, even if you feel fine momentarily after the accident. Adrenaline can mask something like whiplash or a back injury and other hormones released from the stress and impact of the unexpected collision. It’s best not to wait and see in these cases and are on the side of caution.

Lastly, but particularly if you have suffered any injury (specifically a more serious one), it’s critical to contact an experienced and reputable  car accident attorney licensed in California. They can effectively manage your case (especially if you are not physically able), collect and highlight any evidence, interview potential witnesses, and review details with the insurance companies. As you aren’t local in this situation, it’s essential to have someone protecting your rights on your behalf who is.

Whether you are staying for an extended visit in California, unfortunately, stuck in the hospital, or have to travel back home, an attorney can also alleviate some of the stress associated with dealing with an out-of-state accident.

Note: California has a statute of limitations on accidents, and that clock starts ticking from the day the accident occurred — so do not hesitate to act.