San Diego Personal Injury Lawyers Blog

There are many different types of automobile accidents that occur in San Diego County, each of which can give rise to different types of injuries. A high-speed crash on the interstate, for example, will result in a different set of injuries than a low-speed accident in rush-hour traffic. The type of collision will impact not only the nature and extent of your injuries, but also the amount of damages you will receive. The following are just some of the many possible types of motor vehicle collisions and the typical injuries caused by each:

• Rear-End: When a vehicle crashes into the back of the vehicle in front of it, a rear-end collision results.This type of accident is typically caused by sudden deceleration or braking by the front vehicle, and may often cause a chain reaction of rear-end collisions involving multiple vehicles. The most common type of injury in rear-end collisions is whiplash.

• Head-On: Head-on collisions occur when two vehicles traveling toward each other crash. The front end of one vehicle crashes into the front end of the other vehicle. This type of accident is extremely dangerous and often results in serious internal injuries, traumatic brain injury, spinal cord damage, and even death.

• Side-Impact (often called a "T-bone" or "Broadside" crash): A side impact collision occurs when the side of one vehicle is hit by the front- or rear-end of another vehicle. This type of collision is likely to result in severe injuries or death to occupants on the side of the car that sustained the impact. Safety features, such as side airbags, can alleviate some of the damage in side-impact crashes. When safety features don't work as they're supposed to in side-impact and other crashes, a products liability suit may be appropriate.

• Rollover: Rollover accidents occur when a vehicle flips over, sometimes rolling several times before landing on its side or roof. Rollovers often result in a large number of injuries because they are likely to occur in vehicles with a high center of gravity, such as SUVs, passenger vans, and buses, which carry a large number of occupants. In addition, passengers are often not required to wear seat belts in high-occupancy vehicles, causing them to be thrown from the vehicle during a rollover crash, which only increases the risk of injury and death.

• Single-Vehicle: A single-vehicle accident occurs when only one motor vehicle is involved in the crash. In this type of collision, a vehicle may crash into a stationary object, such as a pole, tree or billboard, or into a pedestrian or cyclist. Passengers injured in single-vehicle accidents may still be able to recover money from the driver, the driver's insurance company or, in auto defect cases, the manufacturer of the vehicle.

• Multi-Vehicle (often called "Pile-ups"): Multi-vehicle accidents, as their name suggests, involve many vehicles. These types of accidents typically occur on interstate or state highways, and are some of the deadliest types of traffic crashes. Vehicles involved in a multi-vehicle accident are often hit more than once, increasing the risk of injury. Pile-ups often result in severe internal injuries, head trauma, spinal cord injury, burn injuries and death.

For all types of accident injury victims, contacting an attorney experienced with auto accident cases is necessary to ensure that a thorough investigation is conducted and that your legal rights are protected at every stage of your case. Kerckhoff Law, APC represents those injured in a wide range of auto accidents, including those involving passenger vehicles, motorcycles, large trucks, buses, bicycles, and pedestrians.

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Most auto accidents in El Centro result from driver negligence. Under the law of negligence, all drivers have a duty to exercise reasonable care in the operation of a motor vehicle on public streets and highways in the United States. Failure to exercise reasonable care may give rise to legal liability in auto accident cases. When determining whether a driver was negligent, courts will look to various factors, including the following:

•Was the driver speeding at the time of the accident?

•Was the driver under the influence of drugs or alcohol?

•Was the driver distracted, using a cell phone, or text messaging?

•Did the driver fail to exercise caution, such as failing to signal before turning or failing to use headlights when appropriate?

•Did the driver disobey traffic laws, such as failing to stop at a red light or driving on the wrong side of the road?

•Did the driver disregard weather or traffic conditions?

•Was the driver engaging in reckless behavior, such as drag racing or aggressive driving?

The extent of the driver's negligence, along with the nature of the injuries sustained, will ultimately determine the amount an injured person may recover. In addition, the courts may consider the negligence of all parties involved in the accident, including the negligence of the injured person, in determining the amount of damages awarded.

In some states, the injured party may not have a claim where his or her own negligence was partially to blame for the accident. In other states, such negligence will only reduce the total amount which can be recovered. In all cases, it's important to have a knowledgeable attorney who will explain all possible avenues for recovery.

Evaluating all of the facts involved in the cause of a motor vehicle accident requires skill and experience. A knowledgeable El Centro auto accident attorney can investigate every possible contributing cause of your accident to help ensure that you receive full compensation for your injuries. When you hire Kerckhoff Law, APC, we will take over the investigation of your case so that you can focus on recovering from your injuries. We can assist you in finding an appropriate medical specialist to treat you, and we can make arrangements with your medical care providers to wait for payment until your case is resolved through settlement or trial.

If you or a loved one is a victim of an automobile accident, call Kerckhoff Law, APC now at (866) 606-3059.

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Drivers face many hazards on the road, and automobile accidents are an accepted part of our daily lives in the United States. According to the most recent data released by the National Highway Traffic Safety Administration (NHTSA), a person is killed every 16 minutes in an auto accident in the United States. There were nearly 5.5 million traffic crashes in 2009 - the most recent year for which comprehensive crash statistics are available - in which more than 2.2 million people were injured and nearly 35,000 were killed. Almost one-third of traffic fatalities occurred in alcohol-impaired motor vehicle accidents. Other factors, such as speeding, distracted driving, and aggressive driving, also caused a significant number of injuries and fatalities in auto accidents in 2009. Whether an accident occurs due to speeding, alcohol, or even text messaging, car crashes continue to pose a significant risk of injury and death to drivers, passengers, cyclists and pedestrians in this country.

A large percentage of injuries and fatalities in motor vehicle crashes each year involve pedal cyclists and pedestrians, who face the greatest risk of injury and death in an auto accident. Approximately 4,000 pedestrians died from traffic-related injuries, and another 60,000 suffered non-fatal injuries in traffic accidents in 2009. Moreover, an additional 600 cyclists were killed and 50,000 were injured. Sadly, a significant percentage of these injuries and fatalities involved young children, although the number of child fatalities in traffic crashes decreased from 2008 to 2009. It is not only the injured who suffer after a traffic crash; auto accidents also cause immeasurable emotional and financial losses to those whose loved ones are hurt or killed as a result of someone else's negligence.

Automobile Accident Injury Claims

People who are injured or whose family members are killed in auto accidents may have a claim for negligence against the driver or other persons responsible for causing the crash. A negligent driver may be required to pay any damages to the person and his/her property directly resulting from their negligence. A claimant may also be able to recover past or future earnings lost as a result of the injury or death. In some cases, the accident is caused by factors unrelated to the conduct of any particular driver. For example, a driver´s brakes may be defective, causing the car to accelerate out-of-control and veer into oncoming traffic. In such an instance, the law of products liability would govern the outcome of the case. Products liability law holds automobile manufacturers responsible for any injuries that result from a defect in the automobile or one of its component parts. In such cases, Kerckhoff Law, APC would file a products liability lawsuit against the manufacturer of the automobile for the defective design, manufacture, or labeling of the product. Where a defect is shown, the maker may be liable for any injuries caused by the defect.

In all automobile accident cases, it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and enable physicians or other expert witnesses to thoroughly evaluate any injuries. If you or a loved one is a victim of an automobile accident, call Kerckhoff Law, APC now at (866) 606-3059.

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Dog bite injuries are unfortunately common with certain breeds of dogs - in particular, pit bulls. These dogs cause serious injuries and attack people, often because of their aggressive nature and the power of their bite. Typically a pit bull does not bite just once, but continues to attack until its prey succumbs.

California has a strict liability dog bite statute that states that the owner of a dog is liable for damages (injuries) inflicted by his/her dog if it bites a person who is either in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness (California Civil Code Section 3342).

The dog owner is strictly liable, regardless of whether the dog had ever bitten before or shown aggressive tendencies. In California, the dog does not get "one bite free."

In all dog bite cases, it is essential that measures be taken promptly to preserve evidence, investigate the incident in question, and to enable physicians or other expert witnesses to thoroughly evaluate all injuries. The injuries should be immediately photographed, in order to document the evidence.

In the majority of dog bite cases, the law only allows for the injured party to collect damages designed to make him/her "whole. However, under circumstances where a relative witnesses the attack on a loved one, the relative may also have a claim for the emotional distress suffered by observing the dog bite attack.

Also, in circumstances where it can be proven that a particular dog had demonstrated vicious behavior in the past, there is a possibility that the party can also recover what are known as "punitive" damages. These damages are designed not for the purpose of making the injured party "whole," but rather, to punish the wrongful conduct of a dog owner who knowingly keeps a vicious animal which could cause harm to innocent persons. In the event that punitive damages are warranted, the amount of money that the injured party can recover would be substantially more than in the typical case.

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Have you or a loved one been seriously injured or killed in an automobile accident in San Diego County? If so, you should consult with an experienced San Diego personal injury attorney to find out what your legal rights are and what your next step should be. Attorney Jason Kerckhoff knows how serious and life-changing accidental injuries can be, and how frustrating it is to try to obtain relief from insurance companies and other responsible parties.

Choosing A San Diego Automobile Accident Injury Attorney

After an automobile crash or any other event involving serious injury or the wrongful death of a loved one, it is extremely important to work with a law firm that specializes in personal injury. Unfortunately, sometimes people are negligent, reckless, or violent, and their irresponsible or wrongful behavior causes injuries to innocent victims. When these tragic, expensive injuries happen to you or a loved one, the person or company who caused the injuries should be held responsible.

The types of skills required to successfully handle a serious automobile accident or wrongful death case are very specific. Our San Diego personal injury law firm is dedicated to assisting injury victims in obtaining the maximum financial compensation they are entitled to, so that they can move on with their lives.

Continue reading "Have You Been Injured In A San Diego Automobile Accident?" »