The second step is to find and retain a personal injury lawyer. It is highly recommended to find and retain a personal injury lawyer soon after an accident takes place. Personal injury lawyers will handle the legal aspect of a claim, allowing the injured person’s focus to remain solely on their physical and mental recovery.

If one waits too long to get an attorney, they risk running the statute of limitations for their claim. In general, the statute of limitations in the state of California is two years from the date of the injury for most accidents – of course there are instances in which it is much shorter. If a claim is not filed within the two-year period, then a person may not be able to ever bring the case in court and may not get compensated.

Once a personal injury lawyer has been retained, the gathering of preliminary information and evidence will be vital to the claim. The information that should be provided to the personal injury lawyer includes but is not limited to:

• A timeline or description of events of the accident
• What type of accident took place?
• Who was involved in the accident?
• When and where did the accident happen?
• Were there witnesses at the scene of the accident?
• If the police were called, was a police report filed?
• Insurance information for those involved in the accident.
• Medical information and description of any injuries sustained in the accident.
• If any insurance carriers, attorneys, or defendants have been in contact.

Once the preliminary details of the claim have been gathered, and fault and liability have been determined, the personal injury lawyer will likely prepare and send a demand letter to the party at fault and or to their insurance agency. This demand letter also notifies the receiving party of the injured person’s intent to recover damages for the injuries that they sustained. If the demand letter is ignored or rejected, the personal injury lawyer may likely file a claim for damages with the court. The claim they will file will likely be in the form of a legal complaint.

When a claim is filed with the court, the person who was injured in the accident, and whom the claim is being filed on behalf of, is called the “plaintiff”, while the person who injured the plaintiff is called the “defendant”. Once a claim has been filed and the defendant or his representative has responded to the claim, lawyers from each side will examine the facts and evidence that has been gathered through the process known as discovery.

In most cases, the claim settles out of court. In other words, the injured party drops their claim from the court in return for a sum of money called a settlement. However, should a defendant refuse to negotiate or cooperate with the claim, or if the plaintiff does not wish to accept the settlement because it is too low, then they have the right to take the case to trial. In a trial, a judge or jury will have the authority to determine if and how much compensation a person should receive for their injuries.

No one wants to go to the doctor; however, if someone is in an accident or injured, seeking medical attention as soon as possible may help prevent long-term issues. Getting on the path to wellness is the most important part of any accident recovery. Additionally, medical reports will document the extent of injuries from an accident and be submitted to all parties for review. It’s important for a case to properly and thoroughly document any and all accident-related injuries.

One of the many ways to better understand a case may be by going to the scene of a car crash, slip-and-fall, or dog bite accident. It is possible that a person was there when the accident occurred while waiting at their bus stop or working at their job nearby. Maybe somebody gave their name to the store clerk across the street. These types of people are called disinterested witnesses. Disinterested witnesses typically are less inclined to describe what they saw at the time of the accident as time goes on. It is very important for attorneys to find and interview potential witnesses as soon as possible after an accident occurs. Memories fade and working with attorneys can sometimes feel like a burden, especially months or years after an accident takes place.

Video doorbells or cameras are becoming cheaper and are being used more commonly. These cameras might have captured evidence from before, during, or after the accident, and could be very helpful to the case. These images are sometimes
over-written by the camera system after a certain amount of time so saving the data as soon as possible is important.

Visiting the scene of an accident gives attorneys the chance to find video cameras but also helps to understand how the accident took place by being able to see the layout of the space, lighting, and other factors that can change over time or during the day/night cycle. Attorneys can work with investigators whose job it is to review the scene of an accident and observe important information.

Some newer vehicles tend to have smart computer systems that digitally record and save data right before and during an accident. Getting access to a vehicle’s recorded data will require special systems, tools, and access to the car. It is important to download this data before the car is sold or destroyed. Some examples of data that can be recorded are:

• Vehicle speeds
• Steering wheel positions
• Outside forces involved.

A personal injury lawyer will not only help to evaluate the theories upon which one can recover, but he or she can also help to identify the person or people who are responsible for the accident. Identifying the responsible parties is important because failing to do so may create a shortfall on one’s legal recovery. A judge or jury may apportion fault among wrongdoers and if one fails to include all the person’s involved in the case then the amount of recovery may be limited or apportioned to only those who have been named in the case

Soon after an accident occurs, insurance companies will contact the injured party and ask for a recorded statement. It is recommended that one always has their personal injury lawyer present when making a statement. An injury lawyer will help guide their client through the medical realm, the insurance realm, and the legal realm. Personal injury attorneys though useful, are not magic. A case will require evidence, which can be lost or destroyed over time. Quick and efficient recovery of evidence is important for a successful outcome. At the end of the day, getting on the path to recovery is the most important part to focus on when one has been injured. A personal injury lawyer can help to get an injured victim on the right path.

The attorneys at Kalfayan Merjanian have experience fighting a range of motor vehicle accident claims and know how to negotiate with insurance companies looking to settle quickly. They work on behalf of their clients to cover the costs of mounting medical bills, lost wages, pain and suffering, and future medical care.

Types Of Motor Vehicle Accidents

When you are on the road watch for these types of negligent driving behaviors to avoid an accident and prevent injury or property damage from happening to you.

• Impaired drivers: Drivers under the influence of drugs or alcohol can easily cause an accident that severely injures you. Watch for swerving and erratic driving patterns and avoid these drivers at all costs.
• Distracted drivers: Drivers that don’t pay attention to the road because they are daydreaming, texting, talking on the phone, eating, reading or even talking to their passengers can create a hazard that needs to be avoided. Steer clear of these drivers to stay safe on the road.
• Reckless drivers: Drivers that put you and your family at risk with their aggressive behavior are a danger to everyone on the road. Stay away from these drivers that don’t show a regard for the laws of the road. They can easily create a motor vehicle accident that hurts you or a family member.
• Speeding drivers: Drivers that speed are also dangerous as they don’t follow the posted speed limits of the road. These drivers can cause grave injury during a motor vehicle accident with their negligent actions. Allow them to pass and stay out of their way to avoid a motor vehicle accident.
• Tailgating drivers: Drivers that tailgate pose a potential hazard when on the road. They are not allowing themselves enough space to stop, and they can crash into the back of your car if you suddenly stop. Pull over and let these drivers pass you. It is not worth getting into a motor vehicle accident with a tailgating driver.

If you have been injured in a motor vehicle accident contact us today to set up a free, no obligation consultation.

No Fees Unless You Win

It’s common to be concerned about legal fees when considering an attorney for your personal injury. Our highly-rated lawyers at CA Trial Attorneys powered by Kalfayan Merjanian never charge a fee unless we reach a settlement on behalf of our clients.

That’s right. Our clients do not owe us any legal fees unless we win their case.

Experience

Having the necessary expertise to assess your case is vital when selecting a personal injury attorney. The California Trial Attorneys are well versed in the local laws and also the complexities that are often involved in any case.

Conscious of Time

There may be a very limited time window to file or pursue a claim. The problem is that you need that time to recover and get your life back on track and dealing with a personal injury case can be time-consuming. Getting a jumpstart on your recovery could be an essential step when reaching your preferred state of recovery.

Compassionate

The California Trial Attorneys are not only experienced in complex litigation but they also offer personalized and compassionate care. Call them today for for a free consultation to see if they’re the right firm to help you through your journey to recovery!

Drowsy Driving to Blame for Over 20 Percent of Fatal Car Crashes

Most people understand that drunk driving is dangerous and should always be avoided. But the same is not true for drowsy driving, which is arguably just as dangerous as driving drunk.

Drivers who are sleep deprived are impaired, just as drunk drivers are. According to the CDC, drowsy driving affects the ability to drive safely, including:

• Difficulty focusing or paying attention to the road
• Slower reaction times, such as when braking or steering suddenly
• Impaired ability to make good decisions

These driver impairments are dangerous even if drivers stay awake. Of course, falling asleep at the wheel is a particularly dangerous consequence of drowsy driving.

Drowsy Driving Causes Thousands of Crashes Annually

Research from the AAA Foundation for Traffic Safety indicates that 21 percent of fatal crashes involve tired drivers. That’s approximately one in five fatal crashes.

There are injuries in one third of crashes involving a fatigued driver. In more than 6,000 drowsy driving crashes each year, there is at least one death.

Who is Driving While Drowsy?

The danger of drowsy driving is often underestimated, with many drivers believing that they are able to stay awake and alert even when that’s not the case. Young drivers are especially at risk of overestimating their abilities, with more drivers among the ages of 19 to 24 admitting to driving drowsy than any other age group.

Other driver groups at a higher risk of drowsy driving include:

• Drivers who are sleep deprived
• Drivers who take medications that may cause drowsiness
• Drivers with untreated sleep disorders, such as sleep apnea or insomnia
• Commercial drivers, including truck drivers, bus drivers, and tow truck drivers
• Shift workers, such as those who work the night shift or long shifts

How to Combat the Dangers of Drowsy Driving

Although drowsy driving is a problem that’s far too common and underestimated, drivers can take steps to avoid drowsy driving and recover from drowsy driving accidents.

• Be vigilant when driving during peak drowsy driving hours. Drowsy driving accidents happen most often between the hours of midnight and 6 a.m. While you should always be on the alert for unsafe drivers, it’s especially important to be critical of other drivers late at night, avoiding those who show signs of drowsy or drunk driving such as driving exceptionally slow or drifting in and out of their lane.
• Don’t become a drowsy driver. Drowsy driving can happen to any driver at any time of day, especially if you’ve had a sleepless night or are coming home from a long night out. Be honest with yourself about your level of fatigue, and get enough rest by making sleep a priority and practicing good sleep hygiene in a comfortable sleep environment.
• Seek help if you’ve been injured by a drowsy driver. Drowsy driving accidents are just as dangerous as any other type of accident, and your injuries are no less important.

Sarah Johnson
Community Relations
sjohnson@tuck.com
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Tuck Sleep Foundation is a community devoted to improving sleep hygiene, health and wellness through the creation and dissemination of comprehensive, unbiased, free web-based resources. Tuck has been featured on NPR, Lifehacker, Radiolab and is referenced by many colleges/universities and sleep organizations across the web.

The Dangers Of Driving While Drowsy: Sleepiness Is A Main Cause Of Accidents In The U.S. One in 25 doze off behind the wheel

While safety technologies are constantly moving forward, driving accidents from human error still take place. Drowsy driving accidents are still very common. In fact, they’re one of the leading causes of crashes in the U.S.

Driving While Drowsy: Troublesome Statistics

Almost 10 percent of crashes in the U.S. result from sleepy driving. This study comes in sharp contrast with previous U.S. government studies that suggest sleepiness behind the wheel contributes to about two percent of all crashes. Every hour of lost sleep increases the risk of accidents exponentially.

Official statistics for 2015 suggest that 35,092 people have died in drowsiness-related crashes on the nation’s roads. The increase on an annual basis is 7.2 percent, which indicates that even new safety technologies cannot interfere with the risk of crashes attributed to sleepiness.

The Deceptive Practices of Bad Faith Claims

When you agree to work with an insurance company, you are signing on to use their services when necessary. You have entered into an agreement with them, and they promise to provide you coverage for your losses as outlined in your policy. It is their duty to hold up their end of the agreement and provide you coverage for your claims in a good faith way. When they do not follow through on their promises, bad faith is happening to you.

If your insurance company is acting in a deceptive way, you have rights under California law to fight these actions. Your insurance company may have committed fraud, lied to you or made promises they can no longer keep. This is a bad-faith claim, and you need assistance from a KM attorney to fight your insurance company.

Insurance companies that act in bad faith may not pay you in a timely manner. They may refuse to defend themselves in court. They may deny your claim or use unnecessary paperwork to delay and distract you from the claim process. Your attorneys at KM can determine if bad faith actions are occurring and file suit against a negligent insurance company. They will work to prove that the insurance company acted in bad faith and navigate the complex laws surrounding these cases.

The lawyers at KM have experience working with bad faith insurance claims and know how to win these cases in court. Your insurance company will take notice when it is brought to their attention that they are acting out of bad faith. Your attorney at KM will work to resolve your claim in the quickest and easiest manner that provides you the solution you are looking for.