Padilla Law Group, LLP

motor vehicle accidents Archives

Drugged driving can cause serious auto accidents

It's no secret that drunk driving is extremely dangerous. After all, it can have a dramatic effect on an individual's ability to safely operate a motor vehicle. While law enforcement, public interest, and government organizations in California and nationwide make active efforts to curtail the occurrences of drunk driving, there is another problem that all of us on the road are facing: drugged driving. Depending on the type of drug involved, drugged driving can be just as dangerous if not more so than drunk driving. For example, a hard drug like heroin can cause excessive drowsiness as well as thinking and memory problems. Even softer drugs like marijuana can dramatically affect an individual's ability to drive safely. Marijuana can cause delayed reaction times and disturb an individual's ability to accurately perceive distance, speed and time. Drugged driving seems to be becoming more common. A 2017 survey found that almost 13 million drivers over the age of 16 admitted to driving under the influence of drugs. Nearly 44 percent of motorists killed in fatal car accidents in 2016 were found to be under the influence of illicit substances. As drugs like marijuana tend to become more acceptable in society, and the opioid epidemic continues to grow, drugged driving will likely be a problem for years to come. Those who were injured in an accident caused by individuals under the influence of drugs may want to consider taking legal action in hopes of imposing liability and recovering damages. If successful, these individuals may be able to recover compensation not only for financial losses like medical expenses and lost wages, but also for emotional harm. To learn more about how to prove negligence in a drugged driving case, victims should consider discussing their situation with a qualified legal professional.

Assessing settlement of a personal injury claim after a car crash

For many in California, the thought of taking legal action is terrifying. The possibility that litigation may be involved can be paralyzing. Yet, those who are injured in a car crash face this very real possibility. This means that they need to be prepared as fully as possible for litigation if they hope to impose liability and recover compensation for their damages. However, before a case goes to trial the parties usually have the opportunity to sit down and discuss the possibility of settlement. By settling a case, a victim can acquire compensation for his or her losses while avoiding the stress and costs associated with litigation. Defendants, on the other hand, may want to settle a case to avoid the potential of larger judgments against them if the matter goes to trial. Before agreeing to a settlement, a victim needs to consider many things. For example, the strength of a case may dictate that it is in a victim's best interest to take the matter to trial rather than settle. This means that a careful analysis of the facts at hand needs to be made. Witness testimony needs to be considered and possible defenses that may be raised during trial also need to be taken into account. By identifying a case's strengths and weaknesses, as well as the likelihood of success at trial, a victim can better assess whether or not accepting a settlement is in his or her best interest. Although settlement is a very real possibility in most personal injury cases, trial preparation is often key to spurring resolution. Therefore, car accident victims need to go ahead and build a strong legal foundation so that they are in a better bargaining position at the negotiation table.

Encinitas pedestrian accident leaves one dead

Those who find themselves walking near roadways or in crosswalks can be put in danger when motorists drive negligently. Negligent drivers who fail to yield, swerve off the road or fail to properly share the road can strike a pedestrian, leaving him or her with injuries. Since pedestrians don't have the protections afforded by those driving some sort of vehicle, they often wind up with injuries that are quite severe. In the worst cases, death results.

Poor truck maintenance can cause serious car accidents

Semi-trucks, when driven improperly, can be extremely dangerous. A fatigued, intoxicated or distracted trucker can swerve into oncoming traffic or fail to stop at a traffic light, slamming into another vehicle. Because of their sheer size, these vehicles can cause an enormous amount of damage, leaving other motorists in California with serious injuries. In the worst cases, when semi trucks collide with other motorists it can result in loss of life.

Encinitas firm experienced in litigation stands ready to help

A motor vehicle accident can rock your world. You may have a great home life with a stable income and all of your physical capacities at one moment, and in the next you are seriously injured in a way that leaves you disabled, unable to work, experiencing pain and suffering, and in financial trouble. For many Californians who find themselves in this situation, it can be infuriating to find out that the accident in question could have been prevented if the driver who caused it had merely been sober or paying attention to the road.

What steps should I take after a car accident?

The moments following a car accident in California can be frightening and overwhelming. Those involved may struggle to get their bearings, and, if they suffered injuries, they might be in pain and simply want medical attention. In short, the minutes and hours following a wreck can be chaotic. However, the actions taken, and those that you fail to take, may have a profound impact on your ability to recover compensation if you choose to pursue a personal injury lawsuit.

Car accidents and herniated discs

As we have discussed previously on this blog, there are a wide variety of injuries that can be suffered in a car accident. Some are more serious than others, sometimes requiring months or years of treatment. Regardless of how serious an injury is, if it causes compensable harm and was caused by the negligence of another, then money may be recoverable via a personal injury lawsuit.

Car accidents and the family car doctrine

It's no secret that teen drivers are often dangerous drivers. In addition to their inexperience, many of these young motorists are distracted while behind the wheel, oftentimes engaging in texting and driving. As a result, many teen drivers cause car accidents that result in serious injuries. Although the victims of car accidents can typically recover compensation for the damages inflicted upon them, this can be challenging when suing a teenager who has very little, if any, money.

Our skilled litigators are ready to aggressively handle claims

We recently discussed the importance of making and meeting objections during litigation. While appropriately doing so can significantly increase the chances that you will succeed on your personal injury or wrongful death lawsuit, doing so also leaves the door open to argue those issues on appeal. This is no small thing, especially since many personal injury and wrongful death cases are reversed and remanded on appeal, meaning that they are sent back to the trial court for additional proceedings that take into account the ruling by the court of appeals. In other words, a successful appeal can give you a second bite at the apple.

Why proper objections and responses are so important

If you've ever watched a courtroom drama on television, then you've probably seen countless objections made. So frequently, in fact, that you may feel like you know the basic objections and what they mean. This is true for many Californians who believe they may understand the definition of hearsay or why a fact is or isn't relevant.

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