The combination of earlier sunsets, more rain and hectic holiday traffic increases the risk of a car accident. Here are tips to keep you and your family safe.

As a law firm specializing in personal injury cases stemming from car accidents, I know first hand how devastating a car accident can be for surviving victims and their loved ones. Thanksgiving weekend already experienced its fair share of traffic tragedies, see for example this SF Chronicle headline reading, “Two People Killed in Bay Area Crashes on Thanksgiving Weekend,” and this post, honoring the death of a biker struck by a vehicle on San Jose’s Bascom Avenue.

The simple truth is that nearly all car crashes are avoidable with a little extra attention on the part of the drivers. As we enter the midstream of the holiday season, our law firm wants to emphasize how important your “Safety First!” mantra is on dark, wet and busy Bay Area highways and roads.

5 Tips To Keep You Safe From Winter Car Accidents

Please observe the following five safety tips to protect yourself, your passengers, as well as community pedestrians and bikers. Causing a car accident - or being the victim of a crash - is not the legacy you want to be left with in the new year.

NEVER DRIVE WHILE UNDER THE INFLUENCE

Before we proceed with our five tips, let’s be very clear about the #1 rule around holiday driving: Never drive while under the influence of alcohol, narcotics or prescription drugs. It is unsafe to operate a vehicle after consuming any amount of alcohol.  As the highway signs say, “Buzzed driving is drunk driving,” and California penalties are steep. There is not much a lawyer can do for you if you drive drunk or buzzed and end up incarcerated or involved in a car accident. 

Legal protocols are strict, and regardless of whether you have a lawyer or not, if you are involved in an accident while under the influence of alcohol or drugs, you are guaranteed to have a suspended license, serve some amount of jail time, and pay steep fines. In the worst case scenario, you will have injured or killed an innocent victim who is someone’s mother, father, child, etc.  If you plan on consuming alcohol, always designate a sober driver or make arrangements to use one of the numerous ride sharing services available here in the Bay Area. 

Keep your eyes on the road

First and foremost, it is imperative that you keep your eyes on the road at all times. As stated in our post on the leading causes of car accidents in California, “[s]tatistics show that distracted or inattentive driving is now the leading cause of car accidents in California and the United States.” In 2021, nobody should be surprised to learn that sending and receiving texts, and reading or preparing social media postings, are the leading causes of distracted driving.

Pull over to a safe location whenever you need to check email, social media posts or send/receive texts. If you are compelled to read/send texts or emails while behind the wheel, be sure to keep your phone tucked away and out of reach while in the car. Putting your phone in the trunk is a surefire way to guarantee you will not reach for it while driving. No message is worth a car accident and it is certainly not worth your or someone else's life. 

Avoiding other common causes of distracted driving also reduces your chances of a winter car accident. With that in mind:

Check the weather reports ahead of time

The combination of rain and mechanical fluids and oils on the roadway make for more slippery surfaces. Check the weather report on travel days and be prepared. If the forecast calls for rain, try to drive during the least stormy windows. If you must drive in the rain, allow more time to get to your destination so you can adhere to the speed limit and leave plenty of room between you and the other vehicles.

If possible, change travel dates and times so you do not have to worry about driving in inclement weather.

Leave plenty of room between you and fellow drivers to avoid winter car accidents

While this is a year-round driving adviso, it is especially important during the winter season: leave plenty of room between you and the car in front of you. Driving too close to the car in front of you, known as tailgating, is a leading cause of rear-end collisions and their related injuries. The simple act of leaving a few extra feet of space can significantly decrease the likelihood of an accident because you will have enough time and distance to bring your vehicle safely to a stop before impacting the vehicle in front of you.

California Vehicle Code section 21703 VC states, “[t]he driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and the condition of, the roadway.”

The best rule of thumb to avoid tailgating and allow enough space for your response time is to leave at least one car length of distance per every 10 mph you are traveling. This distance should be increased on narrow roadways without a shoulder or when there are adverse road/weather conditions.

Inspect windshield wipers and tires (and replace if needed)

While it does not snow very often in the San Francisco Bay Area, rain is a frequent visitor. A properly functioning vehicle is required to drive safely, so take your car in for a seasonal inspection. If you are due for a tire rotation or oil change, service representatives will be happy to do this for you. Make sure your windshield wipers and tires are in good condition to optimize visibility and traction. 

Observe safety protocols if you break down or are in a fender bender

Believe it or not, drivers who look at accidents are more likely to drift over and cause another accident, often striking the pulled over vehicles or the individuals involved in the accident who are often standing outside of their cars. 

Read the Insurance Information Institute’s post, What to Do at the Scene of an Accident, to learn more about how to stay safe if you need to pull over or exit your car on the side of the road. Tips include:

The legal team at Burneikis Law wishes your family a safe journey to and from Bay Area holiday activities. Buckle up and drive safe!

Personal injury claims encompass a wide array of scenarios, including car accidents, slip/trip, and fall accidents, assaults, product liability suits, and so on.  

5 Steps To Move Forward With A Personal Injury Claim 

While we always recommend contacting a personal injury attorney if you feel you have a case, here are five basic steps you will need to take before your lawsuit is officially filed and moving through the legal channels. 

Seek medical evaluation and treatment 

Regardless of whether you feel okay after an injury-related accident or incident, we always recommend scheduling an appointment with your general physician within the first 24 to 48 hours. Adrenaline and shock tend to mask the severity of an injury. If you wait to seek medical attention until your pain becomes unbearable, the amount of time that has passed between the accident and when you seek medical attention will make it difficult to prove the pain is related to the accident and was not caused by some other intervening source.   

Whiplash is a primary example of this. You may suffer a minor whiplash that alters the alignment of your spine. While the immediate discomfort may fade quickly, the misalignment can lead to long-term pain, headaches, jaw issues, lower back problems. It is always better to address the problem, no matter how minor it may seem, rather than ignoring it and risking it developing into something more severe.  

By getting a thorough checkup from your general physician, including x-rays or other image-based diagnostic tests, your medical record will reflect any accident-related injuries such as bruising, minor fractures, inflammation, spine or neck injury, etc. This record is imperative to the success of your claim. Then, be sure to move forward with any medical or therapeutic treatments recommended by your doctor and keep a paper trail of each appointment, prescription, or healing tools you purchase (heating pad, muscle relaxing gels, over-the-counter anti-inflammatory meds, etc.) This is essential evidence for negotiating an insurance settlement or proceeding with a personal injury claim. 

Make sure your accident is covered by insurance 

Some of the most common personal injury cases (car accidents, trip/fall scenarios on public property, product malfunction) are already covered by the vehicle or property owner’s insurance company. Insurance carriers are typically a victim’s first line of defense.  

Most companies want to avoid the expensive, energy, and time-consuming courtroom process, so they let their insurance companies handle the claim and propose reasonable settlements. Just because a settlement offer is extended does not mean you have to accept it. A knowledgeable personal injury lawyer can help you determine whether the settlement or payout is sufficient to compensate you for what you have been through.  

Consult with an experienced lawyer about your personal injury claim

Most personal injury attorneys offer free consultations. We recommend taking advantage of this early on to identify the steps you need to take and help you determine the best course of action as you proceed through your claim. All reputable personal attorneys work on contingency, which means you will not have to pay your attorney unless your attorney is able to secure a settlement or recovery for you.   

Read Top 7 Tips for Choosing a Personal Injury Lawyer to guide your selection process. Choosing the right personal injury attorney is essential to feel supported, guided, and confident throughout the process. 

Understand the statute of limitations for your case 

Your attorney will keep you abreast of this, but it is worth having a general sense of the statute of limitations applicable to different types of personal injury claims. The statute of limitations means the length of time you have to file a formal complaint in the appropriate court after an accident happens. Here are a few examples of personal injury scenarios and their statute of limitations.  

As you can see, time is of the essence, and the sooner you file a claim, the better chance you have of obtaining credible evidence to support your case. 

Setting up the claim and gathering evidence 

Once you know the viability of your claim, you need to put the individual or company that harmed you on notice that you plan to pursue legal action. Most insurance companies want to resolve a claim before a lawsuit is filed. However, if the insurance company refuses to settle, or if your attorney believes you are entitled to more than is being offered, you may have to file a formal complaint in court.   

Would you like to learn more about how to file a personal injury case? Schedule a consultation with Burneikis Law

Call Now: (510) 328-3238
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