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If a person does not know they have the right to file a personal injury claim, they will miss out on the opportunity to be reimbursed for medical expenses, lost wages, pain and suffering, and other damages resulting from an accident. There are several types of personal injury claims arising out of a variety of accidents, from auto accidents to medical malpractice suits, to other types of injury-producing events.
At Burneikis Law, you can rest assured that we will do everything in our power to make a personal injury claim as smooth as possible. We always work towards a just and equitable settlement rather than courtroom drama. However, if resolving your claim is not possible without litigation, we are well-equipped and experienced in trial work and welcome the opportunity to present your case to a jury. In addition to ensuring your rights are protected, justified personal injury claims help to prevent the same types of unnecessary injuries or fatalities from happening to others.
Here are eight of the most common types of personal injury cases:
Most accidents have a direct cause – they are almost always the fault of a driver, vehicle parts manufacturer, or even a pedestrian or cyclist that was not obeying traffic laws. Regardless of who is legally at fault, the insurance company for the liable party has one goal: to pay as little as possible.
Your personal injury attorney will help you obtain the compensation required to pay for lost wages, medical bills, and any related future expenses (chiropractor appointments, physical therapy, and so on). Obtaining compensation for these damages without hiring an experienced personal injury attorney will be difficult and will almost always result in lesser compensation.
Slip and fall accidents can cause long-term damage due to the likelihood of head, neck, back, or other serious injuries. These types of accidents are often the result of poor signage or hazardous conditions on both public and private property. Hazardous conditions causing slip and fall accidents include:
It pains us to report that assault claims are escalating. While these types of injury-producing incidents previously were only filed after angry family or neighbor disputes, personal injury claims due to assaults from strangers or acquaintances who become easily enraged are on the rise. Assault is one of the only types of personal injury claims that are the result of malicious intent rather than negligence.
Medical malpractice occurs when the treatment provided by a physician, surgeon, or other healthcare professional causes injuries that significantly impact a patient’s life. In many cases, the resulting injuries are fatal. According to several studies, medical errors and malpractice may be the third leading cause of death in the United States. Some of the most recent data indicate as many as 250,000 individuals die each year as the result of medical errors, unnecessary or nonsensical treatment, and medical negligence.
Medical malpractice lawsuits not only serve to hold the healthcare system accountable for its actions but such lawsuits and claims also strive to ensure victims and their families get the compensation they rightly deserve.
There are leash laws for a reason, one of which is to keep the public safe from dog bites. Attacks from dogs can be vicious, leading to pain, suffering, and scars that last a lifetime. In many cases, dog bites are the direct result of the owner’s negligence, such as failing to keep dogs in a fenced yard, not repairing a dilapidated fence, failing to correct known aggressive behavior with a certified dog trainer, or allowing the dog to walk off-leash. When these types of injuries happen, the dog’s owner is held accountable via a personal injury lawsuit.
Every product you purchase at a store or from an online vendor must pass certain quality control measures to make sure it is safe for public use. Any known risks must be stated in writing via warnings on packaging and instructions. Failure to provide these warnings or to address defects in a product’s safety or performance is negligence. Similarly, if the use of a product causes an injury through no fault of the user, the company that produced the product is liable.
The direct definition of wrongful death is, “...a death caused by the negligent, willful, or wrongful act, neglect, omission, or default of another.” In most cases, wrongful death is an umbrella term associated with another type of personal injury claim, such as fatalities caused by car accidents, semi-truck accidents, product malfunctions due to direct corporate negligence, medical malpractice, etc.
A large percentage of workplace accidents are avoidable. Anyone involved in a workplace accident should consult with a personal injury lawyer to make sure they are being adequately taken care of by their employer or their employer’s insurance company.
When we look deeper into the cause of most workplace accidents, we typically find the root cause was poor working conditions, the company’s failure to provide proper safety gear, inadequate training, the company failing to hold OSHA-required safety meetings, etc. These types of accidents may also be caused by poor maintenance of work vehicles or equipment, or a failure of the employer to make known repairs promptly.
Were you recently the victim of an accident or injury due to someone else’s negligence? Odds are your case falls under one of the eight most common types of personal injury claims. Burneikis Law is here to hear your story and provide experienced guidance for your next steps. Contact us to schedule your consultation.
If you are involved in an accident in another state, odds are you are feeling anxious and confused about what to do next. One of your first moves should be to contact the authorities in the state where the accident happened. You should also contact your automobile insurance carrier and consult with an experienced personal injury attorney who will help guide you through the following steps.
REMINDER: IMMEDIATELY CALL 9-1-1 if you suspect someone is injured.
While most post-accident protocols are similar from state to state, traffic laws vary. The more legitimate documentation and evidence you have from the accident scene, the easier it will be for your insurance carrier to process your claim. These written records are also instrumental when you consult with a personal injury attorney or if other accident victims direct their lawsuits at you.
First and foremost, never admit guilt or assume blame. Both can come back to haunt you. Even seemingly benign statements like, “I am so sorry about this,” can be twisted around to seem like an admittance of fault. Remain as calm as possible and keep statements very general, for example, “This is an unfortunate situation.”
Rules of the road and other traffic laws are different depending on which state you are in. Following the below steps could make a big difference if you end up working with a personal injury attorney.
If you are too shaken up to look for the local police department phone number, do not hesitate to call 9-1-1. An official police record is critical and should be prepared while everyone is still at the accident scene. This information will be directed straight to your insurance carrier and will help document the details of the accident.
If you review your insurance paperwork, you will see that drivers are always obligated to notify the police, as well as their insurance carrier, immediately after an accident. In minor fender-benders that take place close to home, and with cooperative drivers, this step is often skipped to simplify things. However, in an out-of-state car accident, you must follow all obligations outlined in your insurance contract to the letter to avoid your insurance company denying coverage for your claim.
Once you are in a position of safety, begin documenting the scene. Take pictures at various angles of every car involved and the surrounding area. Also take a video, which helps document the chaos that often develops after a car crash.
At the very least, you should document how and when the accident happened and anything you are feeling or noticing. For example, are you experiencing pain, fear, anxiety, etc.? Do you smell alcohol on anyone’s breath? Is anyone disoriented or confused? Did you see someone texting or using their cell phone?
If you are feeling overwhelmed with all that is happening, see if one of your passengers or a witness can help you with this step.
The good news is that most auto insurance policies are valid throughout all 50 states. Your insurance carrier will walk you through the details of how your claim will be processed. Let them know you have contacted the police and can expect an official report once it is complete.
The call to your insurance representative will not be lengthy. However, your insurance company will continue to check back in with you over the following days and weeks to ask questions about the accident and your injuries and to keep you informed of their own investigation. Depending on the situation, they may send someone to the accident site or to appraise the damage to your vehicle. Depending on the type of insurance you have, they may also help you contact a tow truck driver or make arrangements with mechanics or autobody shops in the area.
If you were in a rental car when the accident occurred, you need to call the rental car company. If your personal auto insurance covers rental cars, your own insurance company will handle the claim. If not, the rental car agency will facilitate communication with their insurance company. If your own auto insurance does not cover rental cars, and if you did not purchase insurance coverage from the rental car company when you rented the vehicle, the rental car company will walk you through their protocol for paying for the damage caused to the vehicle. (Note: you should never drive a vehicle, including a rental vehicle, without ensuring you have adequate insurance coverage.)
If you decide to pursue a lawsuit against the at-fault driver, it is important to note that the suit will have to be filed in the state where the accident occurred or in the state where the defendant (i.e., the at-fault driver) lives. You can begin this process by consulting with a local and reputable personal injury attorney in the area where you live. In addition to providing legal counsel, the attorney with whom you consult will often have contacts in other states and can facilitate an introduction.
Contact Burneikis Law if you are a California resident and are involved in a car accident in another state. We will do all we can to support your case, including making a referral to a reputable out-of-state lawyer if necessary.
California helmet laws were implemented in 1992, leading to a public outcry from those who believe wearing helmets is a personal choice. Although California is one of only 19 states to enforce motorcycle helmet laws, the California DMV Motorcycle Handbook is clear:
All riders and passengers are required per CVC §27803 to wear a U.S. DOT-compliant motorcycle safety helmet when riding a motorcycle, motor-driven cycle, or motorized bicycle. The motorcycle safety helmet must be certified by the manufacturer stating the helmet complies with U.S. DOT Federal Motor Vehicle Safety Standard (FMVSS) 218. Head injuries account for the majority of serious and fatal motorcyclist injuries and, with few exceptions, head injuries are reduced by properly wearing a motorcycle safety helmet.
Safety is the primary reason for motorcycle and bicycle helmet regulations in California, but there are several other reasons why wearing a helmet is important.
State-qualifying motorcycle and bicycle safety helmets must be worn by:
Rider safety is by far the most compelling reason to wear a helmet. According to the Governor’s Highway Safety Association (GHSA) and the National Highway Traffic Safety Administration (NHTSA):
Additional safety precautions are also recommended, including:
If you are riding a motorcycle and are involved in a car accident, the outcome of a personal injury lawsuit largely depends on your compliance with California helmet laws. Failure to wear a helmet, or riding a motorcycle without proper protective gear, could drastically minimize a settlement or verdict in your favor.
In California, at-fault drivers are responsible for all damage resulting from an accident. However, if the defendant’s attorneys, insurance agents, or the trier of fact (i.e., the judge or the jury) determines comparative negligence (e.g., the injured party’s own negligence) is a factor, it can seriously reduce your total compensation.
Nolo.com explains the concept like this: The comparative negligence system allocates fault between the parties involved in an accident. Under comparative negligence (some version of which has been adopted by most states) a defendant can raise a partial defense, saying that the plaintiff was partially at fault for the accident too. (You can study more personal injury-related terminology in our online glossary.
In other words, if you are not wearing a compliant motorcycle safety helmet, it may be determined that you are partially at fault for your injuries, especially injuries to the head (traumatic brain injury, a.k.a. "TBI") that could have been prevented by wearing a helmet.
California helmet laws say a failure to wear a helmet or the recommended safety gear could mean part of the legal fault is yours - jeopardizing any outcome in your favor. After examining all the information and details of the accident, the insurance agents or the trier of fact will determine who was at fault and what percentage of the responsibility belongs to each at-fault party.
Consider the following example: You were on a bicycle or a motorcycle and an automobile driver hit you while making a left-hand turn because he did not see you. You were not wearing a helmet when the crash occurred. You sue for injuries, including head trauma, medical expenses, and lost wages due to taking time off work. The trier of fact could determine that while the driver is 100% responsible for causing the accident, your failure to obey California helmet laws means you are 40% responsible (or more!) for the injuries you sustained because the severity of your injuries could have been avoided had you been wearing a helmet.
The settlement is calculated according to the percentages of fault allocated to each party. In the above example, you would receive 40% less than you otherwise would have received had you been wearing a helmet. Another consideration is that judges and jury members do not look favorably on anyone who breaks the law - including motorcyclists failing to abide by helmet safety laws. As a result, the percentage of fault apportioned to you could be even higher than the fault apportioned to the driver that caused the accident.
If you or someone you love is injured or killed in a motorcycle accident, contact an experienced personal injury attorney as soon as possible. Even if you worry you may be apportioned some amount of fault, the attorneys of Burneikis Law will provide the counsel you need to ensure you navigate the insurance settlement process smoothly and with the least amount of stress. We will do all we can to ensure the driver is held fully accountable for their part in the accident.
Contact Burneikis Law to schedule your free, no-obligation consultation: (510) 328-3238. We have years of experience handling motorcycle accident and injury claims, and we are here to stand by your side and make the upcoming insurance, claims, settlement or potential court experience as simple, stress-free and streamlined as possible.
If you are a passenger that has been injured in an automobile accident, the most important thing to remember is to stay calm and get yourself and the other vehicle occupants to a position of safety. Take a deep breath and focus on moving the vehicle or yourself to the side of the roadway if you can.
The next priority is to call 9-1-1. If you are not severely injured, use the local non-emergency line. Finally, make sure to obtain all relevant personal contact, vehicle registration, and insurance information from the other involved parties if you are able to.
Depending on how injured you are or whether other safety factors are in play (a car on fire, multi-car accident, a busy intersection or highway, etc.) the first step is to get cars and people off the road if possible. If you are able to, try to help keep everyone calm. Take pictures of the scene, the vehicles, and the people involved, and record all contact, license, and insurance information. If anyone has suffered injuries, be sure to call the police and emergency personnel. If injuries are involved, the police will take a report, which is key to recording what transpired.
Here are 5 steps to take if you are a passenger in an auto accident to ensure your physical wellbeing is assessed and that your rights are protected.
After an accident, try to move the vehicle or the parties involved to a position of safety. Accidents on roadways often lead to subsequent impacts when vehicles approach that is not paying attention or are trying to see what happened and, in doing so, take their eyes of the roadway. If you are able to, ask the driver and other parties to move the vehicles to the side of the roadway. If the accident occurred on a freeway or expressway, suggest the vehicles be moved to a less busy adjacent road. If the vehicles are not able to be moved, put up flares or reflective triangles or cones. Many auto parts stores sell emergency kits that include these and other items. Keep an emergency kit in the trunk or rear of your vehicle.
According to California Vehicle Code section 20008, the driver of any vehicle (or a representative of that driver) involved in a car accident must, within 24 hours, make a written report of the crash to the California Highway Patrol or to the police department of the city where the accident occurred.
Even minor car accidents can lead to significant injuries or long-term injury side effects. A police report is an essential part of the insurance reimbursement or personal injury claims puzzle down the road.
Post-accident adrenaline and potential shock can block the physical body from feeling the true effects of an accident. This is why so many people report “feeling fine” immediately after an accident only to later discover they have actual injuries ranging from minor or moderate whiplash or whiplash-related injuries to severe breaks, lacerations, or internal injuries.
You do not know you have nothing to worry about until your healthcare provider gives you the green light. If you are bleeding or even just feel sore, head to the nearest urgent care facility or emergency room. If you are confident your injuries are minor, contact your physician’s office and let them know you were a passenger in a car accident. Odds are they will schedule an appointment for you. Even if the accident occurs in the evening or over a weekend, it is important to get immediate medical attention; internal injuries or head injuries can mask themselves for a while, but a delay in care may worsen the ultimate outcome.
Even if you are a passenger in a vehicle that has been involved in an accident, if you have your own auto insurance, you should contact your carrier to report the accident. They will provide you with expert advice on how to proceed. In some cases, they may take over from there to support your cause and to facilitate negotiations with the driver’s or other vehicle’s insurance carrier. However, keep in mind that all automobile policies have maximum pay-out limits. Therefore, the more people who were injured or filed a claim after the accident, or the more severe the injuries are, the less of the total payout amount will come your way. In this situation, it is imperative you retain a personal injury lawyer who can advocate on your behalf. An experienced personal injury lawyer will support you to make sure the insurance companies acknowledge your right to be compensated for your injuries.
In almost all cases, the responsible party’s insurance company (whether the responsible party is the driver of the vehicle you were in or another vehicle involved in the accident) will barely pay out enough to cover your immediate medical expenses, let alone other losses related to missed time from work, help with childcare expenses, and the costs of long-term medical treatment, therapy or support needed in the future. Taking a proactive stance and consulting with a personal injury lawyer is a no-obligation way to get free expert advice and ensure someone is on your side.
The attorneys at Burneikis Law do not take cases unless we feel they are legitimate. The information gleaned via a few free consultations can go a long way towards helping you get the support you need. If we feel you have a case and are entitled to compensation to cover medical expenses and other damages, we will let you know. Our attorneys make sure to take the heavy lifting off your shoulders. We will do everything we can to ensure your rights are fully protected.
Keep in mind that filing a personal injury claim does not necessarily mean you will be dragged through a long or arduous courtroom journey. Those types of cases are rare. Most of the time, professional representation means you will have a personal advocate that takes over the difficult and confusing parts of pursuing a personal injury claim, and gains you a settlement that covers your accident-related costs today, tomorrow, and into the future.
Were you a passenger in a recent auto accident? Contact Burneikis Law, (510) 328-3238, to schedule a consultation. Burneikis Law was founded on the basic principle of providing quality representation and careful consideration to each and every client. We look forward to showing you what a difference it makes when you benefit from human-to-human legal representation.
Car versus pedestrian accidents and resulting injuries are increasingly common, largely due to DUIs and distracted drivers. According to the Governor’s Highway Safety Association (GHSA):
2020 had the largest ever annual increase in the rate at which drivers struck and killed people on foot…The likely culprits are dangerous driving like speeding, drunk and drugged driving, and distraction, which was rampant on U.S. roads during the COVID-19 pandemic, combined with infrastructure issues that have prioritized the movement of motor vehicles over walking and bicycling for many years.
Injuries to pedestrians are often much more severe than those suffered by occupants of motor vehicles because pedestrians are much more vulnerable. In the pedestrian versus car or cyclist match-up, the pedestrian always loses.
If you or someone you love is involved in a pedestrian accident caused by a driver or a bicyclist, schedule a free consultation with an experienced Bay Area personal injury attorney. These appointments are invaluable for ensuring you take the best next steps to get the support you need.
These are the five most common injuries suffered by pedestrians who have been involved in a collision with a vehicle or bicycle, and which should be accounted for in your personal injury claim:
Most pedestrian injuries begin at the legs and lower torso, which bear the brunt of the car’s initial impact. Leg and lower torso accidents are primarily caused by impact. Up to 50% or more of accidents involving a pedestrian result in some type of injury or trauma to the lower extremities. These injuries frequently involve breaks or fractures, or serious contusions (scrapes and bruising). They also involve damage to the connective tissue, including cartilage, ligaments, and fascia.
In addition to being painful, injuries to the legs and torso temporarily or permanently cause mobility issues and result in lost time from work or school. In some cases, injuries to the legs and lower torso lead to amputation, permanent disability, or even paralysis, requiring a long-term recovery plan involving multiple surgeries, doctor/PT appointments, and/or dependency on prosthetics and pain medications.
The second most common pedestrian injuries involve the head, neck, and face. These are most common if the pedestrian’s body comes in contact with the hood or windshield of the vehicle, and/or the concrete. After a body is struck, it is usually thrown a certain distance, resulting in double impact. This causes head trauma as the head and body come into contact with the roadway or another vehicle. Whiplash and other neck injuries are also a possibility, which can lead to long-term whiplash-associated disorders.
Because children are shorter than adults, they are more prone to head and neck injuries during the first impact of a vehicle. According to the NIH, studies have shown the most common pedestrian injuries seen in children involve the head and neck.
All aspects of a car versus pedestrian accident can lead to lacerations or disfigurement. Both blunt impact and encounters with windshield glass or the asphalt/surroundings can cause lacerations. In some cases, minor lacerations require only minimal first aid. In other personal injury scenarios, lacerations or serious disfigurements require stitches and one (or more) reconstructive surgeries.
Approximately 27% of pedestrians will experience an injury to their upper extremities. For example, suppose a pedestrian is thrown onto the hood of a car or up and onto the ground. In that case, individuals typically experience injuries to the upper extremities (arms, shoulders, wrists, and hands). This may occur as the direct impact of the car or other hard surfaces or in response to the pedestrians' instinctive automatic reflex to “break their fall” or protect their head/face/neck. Other injuries that may occur include those to the abdominal area or chest.
Sadly, pedestrian accidents are more likely to be fatal than injuries caused to the occupant of a vehicle. Pedestrians also have a higher chance of causing lifetime or long-term disability. In these cases, personal injury lawsuits help relieve the financial burden for families and surviving victims. From ensuring all lifetime medical bills are paid to recouping the costs of future wages, benefits, and retirement – the attorneys at Burneikis Law do all we can to provide as comfortable of a future as possible for clients and families.
Some pedestrian accidents are unavoidable, such as those occurring when motorists blow through a red light as a pedestrian makes their way across the crosswalk in tune with the “walk” sign. Drunk, drugged, or distracted drivers are also more likely to do things like swerving up onto a sidewalk or not seeing a pedestrian who has the right of way.
However, some pedestrian tips can help you and your children remain accident-free when walking in and around your neighborhood or in dense urban/cityscapes. For a detailed list, visit our post on Pedestrian Safety 101. Some of the most important tips are to:
Have you been the victim of a pedestrian injury resulting from a car accident? Contact Burneikis Law to schedule a consultation and ensure you are doing all you can to protect your future.
Pregnant mothers must take extra care after car accidents, including minor fender benders. Even if you did not experience an impact on your abdomen and the accident seems injury-free, it is always best to contact your OB/GYN or midwife and get evaluated to make sure you and your baby are okay.
The first step everyone should take after a car accident, even a minor “fender bender,” is to assess whether anyone was hurt. What seems like a small rear-ender, for example, may still result in whiplash, lacerations, or compression injuries - especially for older or more frail passengers. Pregnant women need to be especially careful to take note of their bodies and wellbeing after an accident occurs.
Adrenaline is a powerful force. It makes injured people feel no pain even when injuries are present. This is why pregnant mothers must take special precautions after a car wreck. Adrenaline can mask underlying issues that deserve immediate medical attention.
If you make others at the accident scene aware that you are pregnant, they can help you get the support and care you need.
If you are 100% sure you do not need immediate medical attention and everyone has been safely removed from the danger of passing traffic, take a few minutes to follow standard post-accident protocols:
If you did not do so immediately after the accident, contact your healthcare provider after leaving the scene. Even if EMTs or medical first-responders gave you an all-clear, these providers are not specialty physicians like your obstetrician (“OB”). It is imperative that you speak with your OB or midwife to describe the accident, what and how your body was impacted, how you are feeling, and critical next steps.
In most cases, your medical providers will recommend coming in for an exam. By the time you arrive at the office, you should have recovered from the initial shock of being in a car accident while you're pregnant and you will be better able to assess if anything feels different than usual.
The insurance companies want to know about the accident as soon as possible. Therefore, even though the statute of limitations for car accident lawsuits is two years, you are obligated to contact your insurance company as soon as possible after an accident takes place.
Your insurance agents will initial information about the accident from you. Your insurance company will then continue its investigation by utilizing the information from the police report, other witness testimony, and in-person inspection of the vehicles and the accident site. Be sure to inform your insurance company that you are pregnant and let them know you visited the doctor. If you have not already seen your medical provider, odds are your insurance company will encourage you to do so.
Some accidents are more straightforward than others. If you are not feeling comfortable with the way the police or the insurance agents are handling your car accident, schedule a consultation with a personal injury lawyer. Being in a car wreck when pregnant is not only scary, but it also takes the focus off the most essential things in your life – the joy of your impending motherhood.
Rather than field the stress, anxiety, and logistics associated with a car accident, a competent personal injury attorney can provide expert advice and handle all of that for you. In addition to peace of mind, we make sure the insurance companies (a for-profit industry) do not take advantage of your situation and rush your case through by offering a minimum payout in order to trick you into pursuing what you deserve.
There are certain instances when you should pursue support from a personal injury lawyer after an accident. Examples include:
Do any of these ring true for you? If so, contact Burneikis Law. (510) 328-3238. We will compassionately accompany you as you navigate through the insurance claims process. The attorneys at Burneikis Law will give you peace of mind so you can focus on your recovery after having a car accident while you're pregnant. Our initial consultations are always free and carry no obligation.
Shock sets in quickly in the aftermath of a car accident - even if you were not injured. However, it is essential to keep a safety-first mentality to ensure those involved, including yourself, are not further injured as you deal with what has just transpired. There are critical things to keep in mind as you share contact information or provide statements to police officers, other first-responders, and eyewitnesses at the scene.
Here are five things to do in the moments immediately after a car accident:
This is especially true if you have been in a high-impact wreck, if you are on a busy roadway or highway, or if visibility is low. Also, pay close attention to your surroundings if you have been involved in a multi-car accident, as the scene may appear confusing and disorientating. If the accident was relatively minor, use the local police department’s non-emergency contact number.
If anyone is injured, call 9-1-1. Shock can mask pain and make people with serious injuries “feel fine,” so it is important that professionals assess all injured parties before anyone leaves the scene.
If the accident was severe, and it is safe to do so, do not move vehicles to the side of the road until the police instruct you to do so. The less the accident scene is altered, the better. Key evidence exists in the position of the cars, skid marks, etc. That said, traffic flow is also essential, and you do not want to leave yourself or others dangerously exposed to traffic. If the involved parties are not severely injured, take multiple pictures of the scene and clear the vehicles onto the shoulder or the side of the road as soon as reasonably possible to protect yourself and others from additional harm.
Smartphones make it easy to share pictures of driver’s licenses, license plate numbers, proof of vehicle registration and insurance, as well as the insurance carrier’s contact information. Exchange that information via text or email so you have everything you need for your insurance company and your personal injury lawyer.
If there are witnesses, get their contact information and record what they saw. If you can, use a voice recording app to record what they say. Witness stories shift as they speak to one another and become influenced by other shares. So your recording of their immediate memory can be invaluable. If witnesses do not want to provide their contact information, take a picture of their vehicle and license plate so the police can contact them if needed.
BE CAREFUL ABOUT WHAT YOU SAY: It is very easy for those involved in a car accident to say things like, “I’m so sorry…I just didn’t see you…”(potential distracted driver); or, “I was in a hurry…” (potential speeder); or “I’m fine. I feel just fine,” (driver in shock). The truth is, your words can be used against you to affect the outcome of any insurance findings, potential settlements or to minimize what you are entitled to in terms of compensation if you pursue a lawsuit. You may also find yourself accepting blame or responsibility for an accident that was not your fault at all.
Record your own recounting of the event. Include the names of the streets, the directions cars were heading, details about the accident, and the names of the officers who arrived on the scene. Again, take photos of the scene, and any cars, bikes or pedestrians involved as these can be extremely helpful.
Once the police have come and gone and you are released from the scene, contact your insurance carrier. Most insurance carriers want to be contacted immediately, or no more than 24 hours after a car accident takes place. After your initial call, an insurance representative will contact you to ask more questions and take a more complete accounting of what happened and how you are doing.
This is also the best time to consult with an attorney. Consultations are no obligation and can provide important insight and recommendations depending on your situation. If you feel you are being taken advantage of or are not receiving the compensation you deserve to account for ongoing medical bills, necessary time off work, lost wages and benefits, a personal injury lawyer is your greatest advocate.
Are you interested in getting an opinion about a recent car accident from an experienced Bay Area personal injury lawyer? Schedule a consultation with Burneikis Law. (510) 328-3238. We are your trusted advocates when you need us most, and we can help you navigate through the claims process every step of the way.
Whenever more than two vehicles or drivers are involved in an accident, it is considered a multi-car accident. Often, these result from a chain reaction where one driver hits a car, cyclist, pedestrian, or object, then another car hits the first driver, and so on. Unfortunately, these pile-ups can continue indefinitely.
If you are involved in a multi-car accident, you should seek help from a trusted legal advocate as soon as possible. These cases can be complicated, and you may find yourself facing unfair penalties or not getting the compensation you deserve.
Sometimes the chain reaction we mentioned occurs in a series of rear-endings. These cases can be more straightforward. However, other times accidents take place in an intersection, a busy town square, or on a road with oncoming traffic. In situations involving head-on collisions, side-impact collisions, or cars running off the roadway and striking innocent pedestrians, bystanders, or inanimate objects, it can be extraordinarily difficult to determine who is truly at fault. If a driver ran a red light or was speeding through an intersection, such may be easy to prove. However, sometimes the scene is so chaotic and multi-layered, that it is difficult to determine who really is at fault. In these situations, the statements of involved parties and percipient witnesses are key to deciding who is ultimately to blame.
A slew of accident victims milling about on the road is never safe. Whenever you are involved in an accident, it is essential to keep a Safety First approach, knowing all of the other logistics will follow. Read The California Department of Insurance’s post, So You’ve Had an Accident: What’s Next for instructions.
Importantly, never exit your car unless you are confident it is safe to do so. Next, assess your own and others’ injuries and call 9-1-1 if there is a chance someone is seriously injured.
Everyone involved in the accident has their own perspective, memory and story about what happened. However, sometimes bystanders are the most accurate witnesses to the event because they are not experiencing a state of shock as those involved in the accident likely are, and they may have had a fuller view of the factors or situations leading to the wreck.
Always be sure to get the names and contact information of all witnesses if possible. Take a picture of their driver’s license or ID if they give you permission to do so. If they don’t want to wait at the scene for the police to arrive, the investigating officers, your insurance agent or lawyer can reach out to them later.
Assuming it is safe to do so, take photos of the scene of the accident and the other vehicles involved. Once people start moving around, leaving the scene, or relocating the cars involved in the wreck, the more difficult it is to paint a picture of what happened. Your quick attention to taking photos is imperative evidence of the position of the vehicles after the wreck. Similarly, if you notice a witness or bystander taking videos or pictures of the scene, get their contact information and ask them to send you copies of the photos and videos for your insurance company. Most people are happy to do so.
If you are involved in a minor fender bender with a single car, the vehicles are drivable afterwards, and all parties are amenable to sharing information (driver’s license, insurance, registration, etc.), you generally do not have to wait for the police to arrive. If, however, there are multiple cars involved, or if anyone is injured, it is best to stay on the scene (safety being the priority) and wait until the police arrive. If you have to leave for any reason, contact the police and let them know. They can contact you and will appreciate knowing that you are not fleeing the scene or trying to hide anything. Also, never leave the scene without providing you information to the other drivers involved.
Use a voice recorder app on your phone to record your version of exactly what you saw, heard and experienced. Do this as soon as possible after the collision, as this is the time when the event will be the freshest in your mind. As soon as you start talking to others and hearing their version of what they saw or experienced, the more likely your story is to change or evolve. It is best to have a clear, honest and fresh version of the event to play back for your attorney.
Were you recently involved in a multi-car accident? Were you involved in a car accident in the past two years and feel you were misrepresented, blamed or are not fairly compensated for your injuries? Contact Burneikis Law. We will work diligently to protect your interests.
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.
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.
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
