San Diego Personal Injury Lawyers Blog

You may or may not be aware that personal injury incidents occur every day. However, the majority of victims are unable to recover money for their damages, which include their injuries, medical bills, loss of earnings, and pain and suffering. Regardless of whether one's injuries are major or minor, there is one commonality - they may be caused by someone else's negligent or reckless behavior.

Maybe you have experienced a slip and fall accident because an employee of a company failed to clean up a spill or to warn of the dangerous condition. Maybe you were the victim of a car accident because someone carelessly ran a red light through an intersection. Perhaps you were injured by the purchase of a defective product which didn't function correctly. In each of these scenarios, someone else was responsible for your injuries, and should be held accountable. It is only fair that the responsible person or company should pay for your damages.

If you or a loved one are a Brawley personal injury victim, an experienced personal injury attorney can help to determine whether or not you have a valid claim.

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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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Vehicle accidents in the El Centro area and surrounding regions occur often, causing serious injuries and death to pedestrians and drivers. Incidents that occur on Imperial County roadways may be caused by distracted drivers, drunk drivers, vehicle defects and/or dangerous road conditions. Negligent drivers who cause accidents may be held financially liable for resultant injuries and deaths that they cause.

The El Centro auto accident lawyers at Kerckhoff Law, APC have represented hundreds of seriously injured victims of Imperial County car accidents in personal injury claims, including incidents occurring in Brawley, Calipatria, Holtville, Imperial, Seeley, El Centro, Calexico, Heber, Winterhaven, and Mexicali.

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Please contact Kerckhoff Law, APC for a free consultation if you or a family member has been seriously injured or killed in an El Centro automobile crash or Imperial County wrongful death incident.

The Imperial Valley Press reports that a Mexicali man was seriously injured in an auto versus motorcycle crash at the intersection of Carr Road and SR-7 this past Thursday at approximately 6:00 p.m. Jesus Zepeda was riding eastbound on his 2008 Italika motorcycle on Carr Road when Vanessa Mascareno, driving a Toyota, turned into Mr. Zepeda's path as she attempted to access the State Route 7 northbound on-ramp.

Mr. Zepeda was thrown from his motorcycle and later airlifted to Yuma Regional Medical Center with severe injuries.

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Investigation Of The April 7th Auto Versus Motorcycle Crash

California Highway Patrol officers are conducting an investigation into the cause of this crash. If Ms. Mascareno is found to be negligent for causing this accident, then she will be held liable for the damages she caused to Mr. Zepeda.

Damages In Motor Vehicle Claims

When someone suffers a personal injury, he/she will likely require medical attention and may need rehabilitation, all of which costs substantial sums of money. One may lose income (and/or have to use up "sick time") because of the injury, and may continue to lose income while treatment and recovery takes place. One may have sustained property damage to one's motorcycle or vehicle. While the vehicle is being repaired, a rental car may be necessary, and vehicle repairs and rentals cost money.

An injured victim may also lose the ability to perform various activities of normal daily living, for awhile or permanently, and may also endure significant pain and suffering, which may be ongoing as well.

The law permits one to seek recovery after an accident to "make you whole again." The central concept is that a victim should be compensated in a manner that returns one to the same position as before the accident. In most personal injury actions, the plaintiff must have been injured in some way to be entitled to damages. For example, in negligence cases, we must prove that the victim suffered injury (some type of physical, emotional, or monetary harm) for the defendant to be required to pay compensation. However, with some intentional torts (such as battery, assault, or trespass), we may only have to show that the defendant engaged in unauthorized conduct, without proving that the victim suffered actual physical harm, in order to recover damages (though damages in these situations are often nominal absent serious injury).

Three basic kinds of damages are awarded in personal injury cases: compensatory damages, punitive damages, and nominal damages.

Choosing An El Centro Motorcycle Accident Attorney

If you or a loved one has been injured or killed in a motorcycle crash, you may be entitled to compensation for your injuries and damages. Unfortunately, sometimes people are negligent, reckless, or violent, and their irresponsible or wrongful behavior causes injuries. When these tragic, expensive injuries happen to you or a loved one, the person or company who caused the injuries should be held responsible. Our Imperial County motorcycle 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 "Mexicali Auto vs. Motorcycle Crash On April 7th ~" »