Accidents

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Unfortunately, accidents happen, and they happen to all of us, at a moment least expected. The most important issue that we must deal with is how to heal physically, emotionally and financially. According to the National Highway Traffic Safety Administration (NHTSA), about 5,260,000 (five million two hundred and sixty thousand) traffic accidents occur on our roadways, every year. About 4, 000,000 (four million) people are injured as a result of these crashes; about 41,000 (forty-one thousand) people lose their lives because of these crashes.
If you’ve been seriously injured in any type of accident, even if partially at fault, give Chosen Lawyers a call at: 888-365-0-365 or click on Contact now. We are ready to accurately educate you about your rights and responsibilities; and empower you with Teams of Superb Chosen Trial Lawyers to help You Stand for FULL JUSTICE from Start-to-Success!

QUESTIONS AFTER AN ACCIDENT? 

Accidents are a fact of life, no matter how prudently we drive, ride, bike or even walk. However, making the wrongdoers and their Insurance Corporations pay for that which was taken away from you is a choice. Of course, you may have many questions such as:

  • Who pays for my medical expenses?
  • Who will pay for my vehicle’s damages?
  • How do I deal with long-term health issues?
  • How will I pay the bills, if I have to take time off work, because of my Injuries?
  • How can I protect my family’s financial future, if I no longer can work? And so on…

Our highly experienced and compassionate Chosen Trial Lawyers are ready to answer all your questions properly, promptly and respectfully.
Chosen Lawyers take every personal injury case personal, very personal. That is because accidents affect our lives and livelihood: What is more personal than that?  

WHAT SHOULD I DO IF I AM IN A CAR ACCIDENT? 

Here are some important steps to take in the aftermath of a serious accident:

EMANCIPATION PROCLAMATION

In case of a road accident remain at the scene of the accident, a safe place, and contact the police. When they arrive, tell them what happened. You should also get the badge number and the name of the responding officer and his or her department. Generally, the police report will be available at the police department a few days after the incident. It is important to obtain a signed copy for your records. If you are injured and unable to do this, your lawyer can obtain the report. The report will have important details including date, time and location of the accident as well as the circumstances, which lead to the crash.

Take Pictures and evidence 

Physical evidence at an accident site may include debris from the vehicles that were involved, torn or bloodied clothing, skid marks from the tires, etc. If you or someone else is able to take photos and video footage at the crash scene showing the location and position of the vehicles, please do that, safely. Take photos of the other party’s license, vehicle insurance details, license plate number, contact information, etc. Take down names and contact info for any potential witnesses at the scene. These individuals may disperse soon after the accident, so it is vitally important to speak to them right away and get their contact information should you need to speak to them later. Eyewitness accounts are extremely valuable as they could help corroborate your statements throughout the case. The vehicles themselves are also critical pieces of physical evidence, which must be preserved for examination. In serious cases, a crash reconstruction expert will piece together all the evidence to present an account of why the crash occurred or how it happened.

prompt medical attention

If you have been injured, it is important to accept treatment at the scene and ask to be transported to the nearest hospital or emergency room. Even if you don’t feel pain at the scene of the accident, you could have sustained injuries that will become painful after the adrenaline, cortisol and other chemicals that your body has produced automatically to deal with the stress, fear and pain of injuries… Remember, not all severe injuries are visible right away. When you get prompt and professional medical attention, many invisible injuries could be revealed via MRI and other diagnostic tools. As you know, diagnosis of the problem is the first step toward healing. In addition to quicker healing, proper diagnostics can also document the extent of your injuries and determine the course and extent of treatment you need now and future. Most importantly, proper diagnosis and treatment can shut the Insurance Corporations’ often false arguments about “Gap in Treatment” of “Faking and Flailing.”

Report to Department of Motor Vehicles (DMV)

In California, if an accident results in injury or more than $1000 in property damages, all drivers involved are required to submit an SR-1 form to the DMV within 10 days.

Let Your Chosen Lawyer Deal with Insurance Adjusters

In light of a serious injury, your first call should be to a Capable, Credible and Compassionate Chosen Lawyer. Do not call the insurance adjusters, or their defense attorneys, yourself. Let your Chosen Attorney deal with them, because insurance adjusters or even insurance agents are not going to look after your interests. They use anything you say against you. Do not talk to friends or even family members about details of your accident; and DO NOT post anything relating to your accident or injuries on social media or online. Your family and friends can be forced to testify in court; and all your online postings can be subpoenaed; and be used against you.

TORT OF NEGLIGENCE 

Generally, most accident cases pivot upon the Tort of Negligence; especially when it comes to establishing fault and liability. A vast majority of accidents are caused by drivers’ mistakes, callous & carelessness or even deliberate wrongdoing. All operators of vehicles sharing our roadways have a duty to operate their vehicles safely. In order to receive compensation, the injured victims must show that the other party breached his or her duty to operate safely. 

WHAT ARE SOME OF THE MOST COMMON EXAMPLES OF THE BREACH OF SAFETY DUTY: 

Unsafe Left Turn: 

In such cases, a driver attempts to turn left across traffic when there is not enough time for them to clear the roadway. Such wrongful acts can make the wrongdoer liable for damages and injuries of the injured parties.

DUI or DWI: 

When a driver is under the influence of alcohol or drugs to a level that his or her driving is impaired, he or she can be held legally and financially liable for the victims’ losses. Please note: It is not necessary that the wrongdoing driver be charged with driving under the influence for you to claim Negligence. If he or she had been drinking and caused the accident, then that would amount to Negligence.

Distracted driving: 

The National Highway Traffic Safety Administration (NHTSA) defines a distraction as any activity that causes drivers to take their eyes off the road, their hands off the wheel, or their attention away from the act of driving. These distractions include such activities as eating, drinking, grooming, texting, using a cell phone, fiddling with the radio or GPS, talking to a passenger, or holding or having an unrestrained pet in the car, among others.

Drowsy driving: 

Not many drivers realize they are being negligent when they drive when fatigued or sleepy. Fatigued driving has the potential to cause catastrophic or even fatal crashes. Driving while drowsy affects your ability to operate the vehicle safely as your attention, reaction times and ability to make good decisions may be seriously compromised. Drowsy driving amounts to Negligent Driving.

Violating rules of the road:

As drivers, we have a legal obligation to follow the rules of the road including stopping for red lights and stop signs, yielding the right-of-way to other vehicles and pedestrians, making safe turns and lane changes, observing the speed limit, and so forth. When drivers intentionally or inadvertently break these rules and cause an accident, they can be held liable for the resulting injuries and losses.

Defective autos: 

In many cases, a defective vehicle or part, such as a defective gas pedal, tire, airbag or car frame may cause, contribute to, or worsen the effect of an accident. In such cases, the automaker, distributors and manufacturers of the defective part can be held accountable for the injuries and damages.

WHO WAS AT FAULT? 

An important requirement of a personal injury case is proving whose fault caused or contributed to the accident. In some cases, allocation of fault can be clear. For instance, if you have been rear-ended in a traffic collision, 99.99 percent of the time it is the fault of the driver who hit you. In many other cases, an “Accident Reconstructionist” must be hired to establish that the other party was at fault. In a defective product case, engineers or metallurgists may be among the expert witnesses called to testify that the dangerous product was improperly designed or manufactured. To win in a personal injury case, you must prove that the other person was at fault either totally or partially in causing your injuries. However, the standard of proof in personal injury cases is by “Preponderance of the Evidence.” This means, you must prove that it is more likely than not that the other party was at fault and caused your injuries. 

WHAT HAPPENS IF BOTH PARTIES TO AN ACCIDENT WERE AT FAULT? 

California is a “Pure Comparative Negligence” state. This means that the percentage of fault of each party is determined, then recoveries are decreased based on degree of fault. For instance, if you were involved in an accident with a truck driver. You were 30% at fault for the accident. Yet, you sustained $1,000,000 in damages and the truck driver is fine, despite the fact that he or she was 70% at fault. You can only collect up to 70% of your damages, which will be $700,000, in this hypothetical case. In other words, you need an experienced and diligent Chosen Lawyer to help you obtain your fair compensation, even you were mostly at fault.

WHAT’S THE VALUE OF MY CASE? 

Please don’t fall for deceptive YouTube videos or other Online and Offline advertising promising you big payoffs quickly. These unethical and false promisers sell your cases to Law Mills, who most likely will ruin your chances to getting any compensation you deserve. As the saying goes: “If it sounds too good to be true, it is bullshit.”

The value or your case depends on diligently and professionally assessing two major elements:

1.    The extent of your injuries and damages;

2.   The degree of the wrongdoer’s fault. 

Unfortunately, when it comes to legal matters, one size does not fit all. That is because each accident has its own set of facts and circumstances. Here are some of the factors that determine the core of damages you and your family may be entitled to:

Vehicle Damage:  

Generally, you may be able to obtain reasonable repair costs to your vehicle, and decrease or diminution in value of your vehicle. If your vehicle were totaled, then you are entitled to the replacement cost of your vehicle.

Medical expenses: 

You are entitled to all of your medical expenses arising from the accident, including ambulance, emergency visitation, hospital visits, surgery, cost of medication, medical equipment, and more. You can also seek compensation for rehabilitative physical therapy and/or chiropractic care.

Lost income: 

Lost income recovery may include any past, present and future income and benefits you’ve lost as a result of your injuries. You may be entitled to compensation for lost earning capacity or loss of livelihood. This is often the case where victims have suffered catastrophic injuries such as amputations, paralysis or traumatic brain injuries and are unable to return to work or earn a living.

Pain and Suffering/Chronic Pain: 

These are known as non-economic losses or damages that cannot be easily quantified. This includes compensation for the physical pain and discomfort you experience because of the accident, as well as emotional suffering. Many car accident victims may also suffer from psychological issues such as depression and post-traumatic stress disorder or PTSD.

Loss of Consortium: 

In California an injured Plaintiff’s Spouse or Registered Domestic Partner may also be entitled to recover damages from the wrongdoer, even if she or he was not directly injured in the accident. Such damages are recovered based on the spouse or partner’s loss of companionship, intimacy, support and regular relations. These damages are known as “Loss of Consortium.” 

It is important to know that being entitled to compensation does not mean you can get it automatically. You must have an Experienced and Diligent Legal Team to timely assert your rights and fight hard to obtain your full compensation. 

It is equally important that you do not sign any legal forms or enter into agreements without consulting your chosen lawyer. Doing so might jeopardize your ability to seek full compensation for all your losses. In serious injury cases, it might take several months for a complete picture to emerge. If you rush into settling with the insurance company, your case will be closed and you may never be able to seek any further compensation.

WHAT ARE THE MAIN CAUSES OF ACCIDENTS? 

DRUNK OR IMPAIRED DRIVING MAIMS AND KILLS

Driving under influence (DUI) or driving while intoxicated (DWI) with alcohol and other licit and illicit drugs has become a Dangerous Pandemic which renders a multitude of people severely injured, maimed or dead.  About 35% of all fatal vehicular accidents are caused by impaired drivers. Out of about 41,000 accidental deaths per annum, about 14,000 of them are attributed to Drivers–Under Influence.

TEXTING OR WATCHING VIDEOS WHILE DRIVING

According to The National Highway Traffic Safety Administration (NHTSA) reports, driving while texting or watching videos while driving is six (6) times more dangerous than driving while under the influence of alcohol and other drugs. This is why texting or watching videos while diving could be a criminal act in every state of our union, as it is to drive impaired or drunk. NHTSA also found out that drivers while using cellphones are four (4) times more prone to sustain severe crashes. –In California, the Vehicle Code Section 27602 prohibits driving while using a TV or Video Screen in front of the Driver’s seat or anywhere the driver can see while driving. In other words, smartphones could make all of us do dumb acts. It is wisest to put the cell phone aside and drive alive.

SPEED KILLS

About 29% of all deadly roadways accidents occur as a result of speeding drivers. Speeding increases both the risk of crashes, and the severity of injuries or death. Speeding drivers cause 11,500 Deaths.

DISTRACTED DRIVING KILLS

It is said that Driving while Distracted is as Dangerous as Drunk Driving. For instance, some drivers apply their makeup or grooming while driving; some watch movies or texting, others are deeply drowned in serious conversations or augments—While Driving. Thousands of people, many of them innocent, lose the ir lives because of drivers’ lack of attention to driving.  When it comes to Driving, Multitasking is a Dangerous Myth!

BUCKLE UP AND LIVE LONG!

Indeed, seatbelts save lives. According to research about 50% of drivers and passengers involved in deadly accidents are not buckled up properly

WHEN DO MOST ACCIDENTS HAPPEN ON THE ROADS? 

Night driving is far more dangerous than day driving. According to research about 35% of all fatal accidents occur between 6:00 pm and 12:00 midnight.
Roads are also more deadly on certain days. In total, close to half of all deadly car crashes occur on weekends, starting on Friday through Sunday.
Unfortunately, holidays and festivities also increase the likelihood of collisions. Car crash statistics show Independence Day is the deadliest day of the year. The average number of vehicular accident deaths on July 4 is about 140. 

CAR ACCIDENTS STATISTICS BY AGE 

Research shows that people of all ages can become involved in motor vehicle accidents. But younger drivers face a great risk in part due to their lack of experience and their increased risk-taking propensities.

WHAT PERCENTAGE OF FATALITIES ARE MINORS? 

About 11% of all car accident fatalities in 2020 or 4,414 were young children under the age of 20. Another 437,677 young people, under 20, sustained injuries in collisions in 2020.

HOW MANY TEENAGERS DRINK AND DRIVE? 

DUI statistics show many teens drive while drunk. A shocking 10% of all teenagers in high school admit to drinking and driving. With these troubling DUI statistics, it should come as no surprise that 29% of teen drivers who are involved in fatal accidents have been found to have alcohol in their system at the time of the deadly crash. Please DO NOT Drink and Drive! No amount of fun is worth dying for or getting crippled for life or living with the guilt of hurting or killing someone else.

HOW MANY SENIORS GET INTO CAR ACCIDENTS? 

Older Americans are also a concern behind the wheel, as they may begin to experience delayed reaction or other cognitive or physical impairments affecting their ability to drive safely.
In 2020 alone, more than 6,500 people 65 and older died in motor vehicle accidents and more than 230,000 were hurt in crashes.

CAR ACCIDENT STATISTICS BY GENDER 

Both men and women can be killed or hurt in collisions, but car crash statistics show the risks are not equal among the genders. Men are more likely to be killed or hurt in vehicular accidents. A total of 28,033 males died in collisions in 2020 compared with 10,690 females. There were also 1,159,030 injured males compared with 1,122,884 injured females. One of the main reasons our roads are deadlier for men than women is because more men Drink and Drive. Just 13,033 fatal accidents in 2020 involved Female Drunk Drivers compared with 39,393 fatal involving Males. Please note that Drunk Driving is not indicative of masculinity; it is the mark of frailty and stupidity. Men are also more likely than women to engage in a number of other high-risk behaviors on the roads including road rage, aggressive driving and pushing the paddle to the mettle, a.k.a. speeding. Majority of roads in the United States are becoming more dangerous despite all new inventions for safe driving. In fact, between 2020 and 2021, there was an increase in motor vehicle accident fatalities in 44 States of our Union. 

WHAT TYPE OF VEHICLES ARE MORE PRONE TO ACCIDENTS? 

According to statistics, Passenger Vehicles were involved in the highest number of injury-causing accidents and fatalities on the roadways. A total of 20,868 fatal accidents involved passenger cars, while 50,735 injury-causing crashes occurred in these types of vehicles. Sedans and Station Wagons were the most prevalent vehicles in fatal crashes, accounting for 2,149 dead people, in 2020. 

MOTORCYCLE ACCIDENT STATISTICS 

Motorcycles put drivers at increased risk of serious injuries in collisions, because of high speeds and virtually no protection. A total of 88,107 Motorcycles were involved in crashes in 2020; 82,528 of which resulted in injury. 5,579 motorcyclists died.

PEDESTRIAN ACCIDENT STATISTICS 

54,769 pedestrians sustained injuries in crashes in 2020; and a whopping 6,516 of them lost their lives. 

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