Northern California Car Accident
Motor
vehicle accidents are the leading cause of injury and death in the
United States. Americans collectively drive almost 3 TRILLION miles per
year and 3 million people were injured or killed on our roads last year
alone. NHTSA (National Highway Transportation Safety Administration)
compiles statistics regarding motor vehicle accidents and some of
results are alarming. For example, in 2001:
- 3,000,000 people were injured in motor vehicle accidents.
- 41,300 died in motor vehicle accidents.
- 40% of the fatalities were alcohol related.
- 2,600 children under the age of 15 were killed in motor vehicle accidents.
- 7,500 young drivers (16-20) were involved in fatal crashes.
- 3,000 motorcyclists were killed.
- 4,700 pedestrians were killed.
- Improper use of seat belts accounted for 63% of the fatalities.
Considering
the above, it is quite possible that you may be involved in a motor
vehicle accident. Do not even consider driving without insurance. Not
only is it irresponsible, it is illegal in the State of California.
Always assume that the other driver does not have adequate insurance
and purchase a policy that includes "uninsured motorist: and
"underinsured motorist" coverage. If you have been involved in an
accident caused by another driver's negligence, you may be able to file
a claim against them for property damage, personal damage (medical
expenses, pain and suffering, future losses, etc), and, in some cases,
punitive damages. However, you must support your claim by proving 3
things:
- Negligence - The driver failed to use due care.
- Causation - The negligence of the driver caused the accident.
- Damages - You suffered damages as a result of the accident.
Never
proceed with a negligence claim without first obtaining legal advice.
An attorney experienced in the practice of personal injury law knows
the court system, can cut through insurance company red tape, and will
make sure you are justly compensated for all current and future damages.
Always
anticipate the possibility of becoming a motor vehicle accident
"statistic" and make sure you protect yourself by following these
procedures:
- Call the police immediately.
- Secure the accident scene. Put up flares, redirect traffic, etc.
- Record the other driver's name, address, phone number, license number, registration, and proof of insurance.
- Gather
the names, addresses and phone numbers of any witnesses who can be
contacted by your attorney at a later date; and try to convince them to
remain at the scene until the police arrive. Beg if you have to!
- Always carry a camera and take pictures of the vehicle, the scene, and so on.
- Seek
medical attention as soon as possible even if you "don't feel that
bad". (Even the most serious injuries, such as traumatic brain injury,
may not be immediately apparent.)
- Report the accident to your insurance company and, if required, to the Department of Motor Vehicles.
- Cooperate with your insurance company but do not volunteer any theories about the circumstances leading up to the accident.
- Never, never, never discuss the accident with the other driver's insurance company.
- Always consult with an attorney experienced in the practice of personal injury law before you attempt to recover your losses.
- Once you have hired your attorney, redirect anyone who contacts you for information about the accident to your attorney.
Remember...you need to focus on getting well...let your attorney focus on the best way to get you there!
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