Padilla Law Group, LLP

motor vehicle accidents Archives

Dangerous cell phone use continues to plague the roads

If you look at other drivers who are around you on the road, the chances are pretty high that at least one of them is using a cell phone while driving. This type of distracted driving has become an increasingly dangerous problem that threatens far too many innocent California motorists. After all, a distracted driver can swerve into oncoming traffic, fail to stop at a stop sign or traffic signal and neglect to yield to pedestrians who are crossing the street.

Personal injury cases and the subpoena power

When it comes to building a competent personal injury or wrongful death lawsuit, there are many moving parts. While a victim focuses on recovering physical and emotional health, the victim must also think about gathering evidence and building strong legal arguments that will spur negotiations and persuade a judge and jury. This is no easy task, which is why it is critical that car accident victims engage in well thought out discovery to ensure that they are proceeding with their claim with as much knowledge as possible.

Recklessness and negligence in car accidents

A car accident can have a profound impact on an individual's life. A vehicle may be seriously damaged, requiring extensive repairs or replacement, but of more concern is the physical, emotional and financial harm caused to the car accident victim. Head and neck injuries, broken bones, torn muscles and severe lacerations are all very real possibilities, any of which can result in the need for extensive medical treatment. These injuries can also force an individual to miss work and suffer emotional trauma.

Improperly maintained headlights can increase car accident risk

Oftentimes on this blog we discuss motor vehicle accidents caused by the negligence of another. This negligence is usually found in the form of intoxication, distraction, fatigue, or reckless disregard for traffic laws. There can be many contributing factors to a car accident, though, including improper maintenance.

Pedestrian accidents remain a common problem in California

Walking along or across the street shouldn't be an activity that causes fear. After all, we expect motorists to act with a certain level of care that gives us a sense of protection. Therefore, most of us enter crosswalks and walk along sidewalks without much thought of the possibility of being injured or killed in a pedestrian accident. Yet, the very grim reality is that pedestrian accidents are more common than many people think, which may make you think twice about crossing the street.

Strong trial strategy necessary for settlement talks

If you've been involved in a motor vehicle accident then you know it can be difficult to deal with the damages that have been inflicted upon you. You may be in a great deal of pain and suffering, both physical and emotional and nature, and your financial losses may be significant, including enormous amounts of medical expenses and lost wages. If your damages were caused by the negligence of another, then you may be able to impose liability and recover compensation by pursuing a personal injury lawsuit. While most people who think of lawsuits envision courtroom dramas where attorneys aggressively litigate for their clients, the reality is that most cases are settled well before hand. Yet, as we have discussed previously on this blog, there are very specific things that need to be considered when deciding whether or not to settle a case. Building a personal injury claim from the ground up a can take time, and it requires diligence and aggressiveness. The facts must be carefully analyzed and witnesses must be identified and questioned. Documents that can support your claim should also be obtained in a timely fashion so that the information contained within them can be adequately explored to see if it can lead to additional evidence. Then, a trial strategy must be developed that is aggressive, taking into account potential defense arguments. Only then can an individual present strong options at the negotiation table. The legal team at our firm has extensive experience handling personal injury lawsuits arising from car accidents. We know how to use the facts and the law to our clients' advantage, and our track record of success attest to our skills both at the negotiation table and in the court room. We encourage those who have been injured in a motor vehicle accident to consult with an attorney of their choosing to figure out the best way forward with their case.

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.

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