California is a spectacular state filled with stunning scenery and is the most populated state in the U.S. Whether it’s the beautiful views distracting drivers or simply that there are more drivers on the road than in any other state, there are no shortage of dangerous car accidents throughout the state, some with devastating results.
If you’ve been injured in a car accident caused by a negligent driver, a California car accident lawyer with Ernst Law Group is ready to help you. Schedule a free case review by calling (805) 541-0300 or by using the online contact form.
Here’s a look at five of the most dangerous roads in our state, as well as hotspots in cities that carry increased risks for motorists.
Deadliest Road: I-15 – Cajun Junction to Hesperia
In a study of more than 10,000 car accidents that occurred between 2017-2019, researchers found that the 4.5-mile section of I-15 between Exits 138 and 129 was the deadliest stretch of highway in the entire state with 19 deaths from 19 accidents in only two years.
#2: I-80 – Emeryville to Albany
This 5-mile stretch of road between Exits 14A and 8A accounted for 15 fatal accidents that resulted in 17 deaths.
#3: I-80: El Cerrito to Pinole
Another 5-mile section of Interstate 80 (Exits 15-21) was just as deadly, accounting for 13 fatal wrecks and 18 deaths.
#4: I-5: Del Paso Rd. to Railyards Blvd.
This 4.9-mile stretch of The Five also had 13 fatal collisions between 2017-2019, resulting in 16 people losing their lives.
#5: I-215: Grand Terrace through San Bernardino
Interstate 215 can also be dangerous. The 4.7-mile section running through San Bernardino was the site of 13 fatal accidents that led to 13 deaths.
Deadliest Roads by City
Every city has certain roads that seem more dangerous than others, but in some cities those suspicions ring true.
Los Angeles
Los Angeles roads are notorious for congestion, but plenty of them also pose an increased risk of accidents.
Sierra Highway
This highway starts at the far northern city limits of LA. One of the main reasons it’s so dangerous is that it’s almost always under construction. Although the construction is badly needed, the road is so heavily traveled night and day that it’s difficult to do or complete the projects, so the road is congested with workers and littered with potholes that can easily lead to accidents.
Interstate 5
It’s not just the stretch of I-5 mentioned above that’s dangerous. It’s a long stretch of highway with large stretches in between towns that motorists speed through to get to their destination. Research shows that there’s one fatal crash for every mile of highway.
Interstate 405
I-405 runs along the south and west borders of Los Angeles and is widely considered to be the most congested highway in the entire country. To make matters worse, it also runs near three major airports. Those from out of town are less familiar with the exits and might make dangerous last-minute maneuvers, resulting in several accidents in addition to those caused by distracted drivers.
San Diego
Not only is San Diego one of the most beautiful cities in the state (or the entire country, for that matter), it also has some of the most dangerous roads. Each of these roads recorded 10 fatal accidents between 2017 and 2019.
Interstate 15–Ranked 12
The five-mile section of I-15 that runs between Scripps Poway Parkway and Miramar Way is one of the deadliest in all of San Diego County.
Interstate 5–Ranked 17
I-5 makes the list again (it’s not the last time) with the stretch between Marina Parkway to San Ysidro Boulevard.
Interstate 5–Ranked 18
Another section of I-5 in San Diego makes the list, this time between Hawthorne Street (San Diego Airport) and Harbor Drive/Civic Center Drive.
San Jose
There were 80 traffic fatalities in San Jose in 2019 alone. Here are some of the most dangerous roads in the city.
Interstate 280
Interstate 280 runs from San Jose to San Francisco. It offers incredible views and incredible danger. Four people were killed on this road in 2019.
U.S. Highway 101
US 101 goes up and down the entire U.S. west coast. The section that runs through San Jose is particularly treacherous. In 2019. Nearly 25% of all traffic deaths in San Jose (17) occurred on US 101.
State Route 17
If you don’t know exactly where you’re going on Highway 17, you’ll be at a very high risk of being in an accident due to its blind curves, narrow shoulders, and wildlife entering the roadway.
San Luis Obispo
Two roads in our neighborhood, U.S. 101 and Foothill Boulevard, are extremely dangerous.
U.S. Highway 101
Yes, US 101 is dangerous in San Luis Obispo, too. It winds through the mountains, yet gets heavy traffic each and every day. It’s considered the most dangerous stretch of road in the entire city.
Foothill Boulevard
Between 2012 and 2016, 82 accidents occurred at the intersection of Foothill and Santa Rosa.
Car Accident in California? Call us to see how we can help.
If you’ve been injured in a car accident caused by someone else, schedule your free consultation with the elite California car accident attorneys at Ernst Law Group completing the online contact form or calling (805) 541-0300.
Since March is Brain Injury Awareness Month, it is a great time to educate yourself on what brain injuries are, how they can happen, and how you can help injured victims.
Types of Brain Injuries
There are two types of brain injuries that are not hereditary, congenital, or related to birth. These two types are Acquired Brain Injuries (ABIs) and Traumatic Brain Injuries (TBIs).
Acquired Brain Injury
An Acquired Brain Injury (ABI) occurs as a result of internal causes, not from external trauma. Some causes of ABIs include but are not limited to:
Aneurysms
Strokes
Brain tumors
Meningitis
Near drowning
Heart attacks
Traumatic Brain Injury
A Traumatic Brain Injury (TBI) can happen as a result of sudden external assault to the head that damages the brain’s structure and/or functioning. TBIs can be closed-brain injuries or penetrating brain injuries depending on whether the trauma caused a break in the skull or not.
An example of a cause of a penetrating brain injury is a gunshot wound to the head where the bullet enters the brain.
Closed-brain TBIs can be caused by sports accidents, car crashes, or falls, although any trauma to the head can cause internal damage and closed-brain injuries.
Symptoms of TBIs can include:
Headache
Nausea
Fatigue
Dizziness
Slurred or slowed speech
Some milder brain injuries can heal over time, while some more severe brain injuries cause permanent disability and deficits in cognitive, motor, sensory, and communicative functioning.
Some Professions Carry a Higher Risk of TBI, but Anyone Could Be Affected
Brain Injury Awareness Month is an excellent time to evaluate your risk of sustaining a traumatic brain injury.
Some professions carry a higher risk of TBI. If you are an athlete, construction worker, or work in law enforcement or the military, you have a higher risk of TBI. Adhering to safety regulations in the workplace is imperative to lowering that risk.
While some people have a higher risk of TBI than others, anyone can be affected. Accidents happen and TBIs can never be 100% preventable, but there are steps you can take to lower your risk of brain injury.
Read the instructions and heed the warnings on your medications. Some medications may have side effects such as dizziness or drowsiness that can increase your risk of falling, while some may warn against operating heavy machinery while taking them.
Don’t drive under the influence, and always make sure all car passengers are wearing their seatbelts. Also, be sure to check that your airbags are working properly when you get your car serviced.
Always wear a helmet when participating in sports with a high risk of falls and head injuries, such as horseback riding, skateboarding, biking, skiing, football, and hockey.
If you have issues with stability or risk of falling, consider using a walker or a cane. Nearly 50% of all brain injuries are related to falls.
Brain Injuries in Women
Brain injuries are often more fatal among women than men. There’s a high incidence of assault-related TBIs due to the prevalence of violence against women.
Women are more likely to sustain assault-related TBIs in the workplace in the fields of education, social services, and healthcare.
Intimate partner violence is also a major cause of assault-related TBIs in women. If you are experiencing intimate partner violence, or believe there is a risk of violence in your home, reach out to your local domestic violence agency for immediate assistance and safety planning.
One common recommendation made during the safety planning process is to try to remove yourself from conflict in rooms such as the kitchen or bathroom. These rooms are more likely to contain hard surfaces and sharp corners that increase the risk of TBI.
If you are experiencing intimate partner violence, please call the National Domestic Violence Hotline at 1-800-799-7233 (SAFE).
How to Observe Brain Injury Awareness Month All the Time, Not Just in March
Educate yourself.
For more information, check out these videos covering a range of topics such as information on rehabilitation for TBIs, personality changes as a result of TBIs, ways to make your daily life better after a TBI, how to help TBI victims financially, and more resources for victims and their caregivers.
The Ernst Law Group’s California resource center for brain injuries is also a great place to educate yourself.
If you are a parent or caregiver of a young person with a traumatic brain injury, this free guide can give you valuable tips and resources to help support the TBI survivor in your life.
Join a support group.
Brain injuries can permanently affect your life in significant ways, but you can still have a happy and meaningful life after sustaining a TBI.
Get involved in a support group – you are not alone and there are resources to help you.
Help advocate for the injured.
Legal action can help injured victims of brain injuries. Ernst Law Group’s Los Angeles and San Luis Obispo Brain Injury Lawyers can help by advocating for you or your loved ones who have been affected by brain injuries.
If your brain injury was caused by another’s negligent, intentional, or reckless behavior, they should be held accountable, and you deserve justice and can seek compensation to pay for damages.
Under California law, the injured party can still recover some damages in the form of compensation even if they are partially at fault for the accident. While compensation may not always help a victim heal their brain injury, it can help their quality of life to be as close as possible to what it was pre-injury.
Treatment for brain injuries can be expensive and cost thousands or even millions of dollars for the remainder of the victim’s life. The Ernst Law Group has recovered millions of dollars for their clients in personal injury and wrongful death lawsuits.
Ernst Law Group’s California traumatic brain injury lawyers believe that victims of TBIs deserve the highest quality of life possible all the time–not just during brain injury awareness month.
The Ernst Law Group has a proven track record and reputation for aggressive and experienced legal representation for victims of personal injury. Ernst Law Group takes cases on a contingency basis and there are no fees unless we win your case. There are no up-front fees, and your first consultation is always free.
If you have a brain injury, even if it is a mild concussion, that may have been caused by someone else’s negligence, call 1-805-541-0300 to schedule a complimentary case consultation. You may also email us at [email protected].
California Family’s Home Burns Down Due to Tesla Fire in Garage
A series of high-profile lawsuits involving well-known electric vehicle manufacturers Audi, Tesla, and Chevrolet has brought into question the companies’ claims that their cars are less likely to catch fire than gas-powered vehicles.
Safety experts warn that although electric vehicles may not catch fire as easily, any fire that does erupt can burn more intensely and take as long as 24 hours to extinguish.
One of the most recent large-scale fires involved two Teslas left to charge overnight in a garage. The Californian couple who owned the vehicles awoke early one morning last December to the sound of blaring car alarms. They smelled smoke; there was a fire in the house. The fire had started in one Tesla Model S and spread quickly to the other. The vehicles’ lithium-ion batteries amplified the blaze, making the fire burn longer and hotter than a gas-fueled explosion would have.
The couple has not been able to return to their home, which suffered more than $1 million in damages.
The double-vehicle fire makes this a unique case, but it’s only the latest in a string of recent incidents involving electric vehicles bursting into flames. Electric vehicle manufacturers are warning owners not to leave their cars charging unattended in certain circumstances or leaving them fully charged in garages. General Motors, Audi, and Hyundai have recalled hundreds of thousands of electric vehicles following reports of battery fires.
Electric vehicle fires are deadly and have already claimed the lives of dozens of Americans. If you were injured or a loved one killed in an electric vehicle fire, you may be able to hold the manufacturer liable for damages.
Ernst Law Group is a California law firm specializing in product liability. We’ll help you hold the manufacturer accountable for producing and distributing unsafe or defective vehicles. If you’ve suffered any damages from a Tesla, contact our Tesla defect and Tesla autopilot crash lawyers today for a free consultation.
The Ernst Law Group is investigating a fatal bicycle accident including an Amerifreight truck and a bicyclist that occurred at 7:20 am on June 25, 2021 in San Luis Obispo, California.
The collision occurred between Suburban Road and Higuera Street. The bicycle was trapped under the semi-truck resulting in the bicyclist’s death.
The cause of the collision, at this point, is unknown. But The Ernst Law Group has been filing lawsuits against semi-trucks for more than 40 years and there are a few things that we are investigating with this incident.
The first factor is whether fatigue was a factor in the collision. Fatigue is a common factor in truck accidents as truck drivers are pressed to deliver their cargo faster and faster. There are strict regulations on truck driver rest and driver time.
The second is whether or not the logbooks were up to date, and if the driver was operating at the normal hours that are regulated under the Federal Motor Safety Carrier Regulations (FMSCR). This is known as 49 CFR Parts 300-399. These are federal laws that mandate rules and truck driver regulations on semi-trucks to help keep pedestrians and vehicles safe. These regulations include allowed drive time, driving breaks, and more.
The most important part of the FMSCR is part is drug testing. While we have no information at this time to support or claim the driver of the Amerifreight was under the influence of drugs, this is something that must be ruled out, especially with the truck causing the death of the bicyclist.
Drug and alcohol testing are required by part 382 of the FMSCR and are a mandatory part of any truck driver who holds a commercial driver’s license.
We will be providing updates as our firm learns more from our ongoing investigation about this fatal bicycle accident.
When you file an insurance claim, you expect that your claim will be honored and that the insurer will help you repay all of your accident losses. After all, isn’t that what insurance is for?
Unfortunately, this is not always how it works. Insurers have a profit-driven motive to pay out as little as possible for claims. They may expedite certain claims and honor most of the losses. Other times they will fight tooth and nail to deny a claim or deny certain areas of coverage.
What to Do When You’ve Been Denied
So, what can you do when your claim is denied? The answer depends on the type of insurance policy you were filing under and the specific language of that policy.
Many first-party claims (filing with your own insurance) contain forced arbitration clauses, meaning you could be unable to take your claim to court in the event of a dispute. Some third-party claims also include some form of mandatory alternative dispute resolution (ADR), although these arbitrations are less likely to be binding.
Overall, it always helps to have an experienced San Luis Obispo personal injury attorney in your corner when the claims process gets complicated. Your attorney can investigate the incident that led to your losses, examine the language of your policy, and work to refute common defenses insurers use to avoid liability.
Call Ernst Law Group today to schedule a free, no-obligation case review with one of our personal injury attorneys in San Luis Obispo. We will help you determine the next best steps you could take to assert your claim. Call (805) 678-0272 or contact us online to schedule your free appointment now.
First-Party Claims
Insurers tend to have much more control over their policy-holders than they do over third-party claimants.
A first-party claimant is someone who is trying to file under their own insurance policy, such as when they want to file a homeowner’s claim after a bad storm causes roof damage. Filing for collision or comprehensive car insurance coverage also counts as a first-party claim.
When you file a first-party claim, insurers must make a good faith effort to honor your claim. If they want to deny you coverage for certain areas or deny your entire claim, they must provide sound reasons for doing so.
Unfortunately, when advocating for yourself, you may be limited in your legal options. Many first-party coverage policies have mandatory binding arbitration clauses.
Mandatory Binding Arbitration Clauses
What does it mean to have a mandatory binding arbitration clause? It means that in order to dispute your claim, you have to agree to participate in arbitration.
Arbitration is similar to a trial but without many of the legal trappings that add time and expense to a case. A neutral third-party (arbiter) hears arguments and evidence from both sides. Then, they will issue a judgment or propose a compromise that can satisfy both sides.
Arbitration is different from mediation, another common form of ADR, in that a judgment comes at the end. This judgment may even be binding, meaning that once it has been issued, neither side will have the opportunity to overturn it except through legal appeal. Even then, getting an appeal after a binding arbitration can be difficult, if not impossible.
Other times, the arbitration will not be binding. In these cases, the decision is simply a milestone along a longer process that may or may not allow a trial at a later date.
So, put simply, you may be unable to sue your own insurance company if they have a mandatory arbitration clause.
Even still, you and your attorney can examine the language of the contract, and together you may be able to explore options outside those listed. Many insurance contracts can be disputed as unfair in court, for example. You always owe it to yourself to explore all available options and seek the possibility of having your full claim honored.
Stand your ground after receiving notice of a claim denial. Work with an experienced personal injury attorney in San Luis Obispo, address each reason for denial, and assert your right to coverage according to the terms of your policy.
Forced Arbitration Less Likely in Third-Party Claims
A third-party claim occurs when someone else causes an injury or damages your property. The most common example is when a car accident happens and someone files under an at-fault driver’s third-party property damage liability (PDL) and bodily injury liability (BIL) policies.
Third-party contracts tend to not enforce mandatory arbitration as often as first-party claims. This is likely because the injured person – the third-party claimant – did not formally enter into a contract with the insurance company before the accident happened.
Without a contract, it’s more difficult for an insurer to deny coverage and block further legal action outside of a binding arbitration agreement.
Why You Want Your Day in Court After an Insurance Claim Denial
Always fight to pursue your claim in court through a lawsuit once it is denied. This increases your chances of getting the maximum compensation available for your damages.
Arbitration can be a great option for many cases because it can reduce time and expense. However, arbitration can be much more difficult to litigate. Essentially, many factors are put outside of you and your attorney’s control during these arbitration sessions. It may even be impossible for the final judgment to be overturned.
On the other hand, a trial allows you to take your chances with a jury. Your attorney can subpoena witnesses and information during a discovery period. You may also have the opportunity to appeal a verdict if you feel that justice was not carried out in a way consistent with state or federal law.
Insurance companies have a lot of resources available to fight claims. But when the insurer knows that a case can be won in court, then they are more likely to offer a reasonable settlement. However, when the insurer has options like forcing arbitration, they may risk receiving an unfavorable decision simply because more factors are in their control.
Work with Experienced San Luis Obispo Personal Injury Lawyers
When you receive a denial from your insurance company, call an experienced San Luis Obispo firm.
Ernst Law Group can advocate for you and interpret the language of your insurance policy. We work hard to gather evidence that satisfies the claim’s requirements for reimbursement. For instance, your attorney can help you establish fault and document all of your losses.
Call us today to talk about your case and learn what strategies you could have available. Simply dial (805) 678-0272 or contact us online to schedule a free, no-obligation case review now.
As experienced truck accident lawyers in San Luis Obispo, we have represented thousands of clients. One of the questions we are asked most often is how long it will take to resolve a case.
There is, unfortunately, no clear-cut answer to this question. However, several factors influence the predicted length of your truck accident case.
Get Answers About Your Truck Accident Case
A trustworthy attorney will speak of case length in general terms. Typically, the larger the claim, the longer the case. The more difficult the investigation, the longer the case.
On the other hand, some cases are easy to settle because the details are extremely clear and the insurance company is willing to accept the amount of liability in question.
If you or a loved one has been involved in a truck accident in San Luis Obispo, call Ernst Law Group today at (805) 678-0272. Or, contact us online to discuss your incident with one of our expert attorneys at no cost to you.
In the meantime, continue reading to discover the factors that contribute to the length of a truck accident case.
Your Injuries
In some wrecks, your injuries are immediately obvious. In others, you aren’t aware of the full extent of your injuries for weeks or months.
An accident victim will not know how much their case may be worth until they are well into the recovery process. Your injuries may require a single medical visit or years of therapy. This variance can have an impact on the length of your case. The severity of your injuries and cost to stabilize and heal them will also influence the amount of your award.
The Necessary Steps
Every court case must move through certain steps. If you and your attorney determine that going to trial is your best course of action, your case will take longer than it would if you simply settle with the insurance company.
Every step in the civil litigation process has a specific time limit. If the steps are completed quickly and one falls right after the next, your case will be shorter.
When you and your lawyer discuss your accident, you can ask how long your case should reasonably take. Find out how long each step could take at a maximum, and estimate from there. Ask about the worst-case scenario regarding the timeline for your case.
Tactical Delays
Don’t expect an insurance company or defense attorney to accept your request and settle immediately. There are actions that either party can take to delay the case. It’s a tactic used in many personal injury cases. The longer the insurance company or defense attorney can stall, the more likely they believe the plaintiff will be to accept a settlement offer that is lower than what a court would award.
It’s not uncommon for the opposing party to attempt to delay your case. They want to frustrate you into accepting a low offer. Never accept any type of settlement without speaking with your attorney. Remember that you hired an expert advocate for a reason.
Complexity of Your Case
Your case could take longer if your attorney calls more witnesses than average, needs to petition large volumes of evidence, or holds more than one party liable at a time. The length of the investigation, amount of paperwork, and scheduling meetings with people who will testify on your behalf are all time-consuming.
Your Cooperation
Of course you intend to cooperate with your attorney. However, you can inadvertently cause delays.
Changing your contact information and not providing your attorney with your new email or phone number could delay your case. Failing to provide the information your attorney asks for could delay your case.
Always remain in contact with your attorney and periodically check to see if your case is on schedule.
Ernst Law Group Is Your Advocate
While some personal injury lawsuits are settled quickly, others can take years to come to an end. No attorney can give you an exact end date, but they can give you an estimated timeline based on their experience.
We understand that you want this to be over. You have been under enough stress since your accident, and you don’t need more. We also understand that you and your family may be facing financial distress. The team at Ernst Law Group is here for you.
Ernst is a premier truck accident law firm that knows what it takes to secure compensation for your accident losses. While we cannot guarantee results, our history of past client successes can give you confidence.
Call us today at (805) 678-0272 to discuss the details of your case. You can also contact us online at your convenience. We look forward to speaking with you and advocating on your behalf. An initial consultation is free and you are under no obligation to continue working with us once you speak with an attorney.
The aftermath of a truck accident is overwhelming. The injuries you sustain can have devastating, lifelong consequences and astronomical medical bills. Whether you have insurance or not, you could be paying tens of thousands to cover the cost of medical care during a time when you should be able to focus on your recovery.
Are you faced with financial difficulties because of someone’s negligence? Hold them accountable and recover the money you’re owed.
Proving Negligence
How do you prove that the truck driver who caused your accident was negligent? With the help of an experienced truck accident attorney.
Your attorney will work to prove that either the driver or trucking company was negligent in some way. Maybe the fleet wasn’t properly maintained. Perhaps the driver was distracted. An experienced truck accident lawyer in San Luis Obispo will get to the heart of the matter.
Ernst Law Group is here if you have any questions about your truck accident injury claim or need assistance building a strong case. Schedule a free, no-obligation consultation now when you call (805)-541-0300 or contact us online.
Negligence isn’t the only thing you will have to prove in court. You will also have to show that your injuries were a direct result of the accident. Your attorney understands what evidence is necessary to build a solid case. While you can certainly file a lawsuit on your own, having an expert advocate in your corner improves your chances of a positive outcome tenfold.
Four Elements of a Successful Case
You know that your attorney must prove that the other driver was negligent, but what exactly does that look like? There are four elements needed to prove the legal concept of negligence. These elements are:
Duty of Care. The truck driver must have had a duty of care. In other words, when they slipped into the driver’s seat and started their rig, they automatically accepted the responsibility in driving in such a way that no one would be harmed. Likewise, their employer has a duty to train the driver, vet their capabilities, and ensure they follow industry regulations.
Breach of Duty. Next, your attorney will have to prove that the driver or the company failed to perform their work in a safe way. This occurs when the defendant breaks specific regulations or otherwise fails to exercise “ordinary care” in the way that a “reasonable person” might.
Injury. The breach of duty must have caused your injuries. This means that you couldn’t have had a back injury before your accident. The accident must have directly led to your injuries.
Damages. Many people are unaware that injuries must have led to damages. What this means is that you must have incurred medical bills or other losses as a result of your injuries.
Establishing Breach of Duty
In truck accident cases like yours, attorneys must work to prove that someone breached their duty of care.
In a truck accident, the breach of duty of care could have been on the part of the driver, the owner of the fleet, or even the manufacturer of the truck. There are a significant number of rules that drivers and fleet owners must follow, typically because of the sheer danger that trucks can pose on the roadways.
Common types of neglect in truck accidents include:
1. Hours of Service
Truck drivers are only permitted to drive for so many hours per day and week. Truckers must keep a logbook as required by the Federal Motor Carrier Safety Administration (FMCSA). Truckers are also expected to take breaks after a certain number of hours are driven. If the driver in your accident failed to comply with these regulations, they are negligent.
2. Weight Limits
Each type and size of truck is limited to the weight of the load it can carry safely. When a company or driver decides to forgo this required maximum weight and overload their trailer, they are negligent.
3. Maintenance Issues
It may be up to the driver to maintain their rig, or it could be up to the owner of the company to have routine maintenance performed across their fleet. No matter whose responsibility this is, when vehicles are not maintained properly, it is negligence.
Prove Fault with a San Luis Obispo Truck Accident Lawyer
How can we determine who is at fault in truck accidents? Through careful and precise investigative work.
At Ernst Law Group, we have been representing victims of San Luis Obispo truck accidents for years. We know what it takes to prove your case, and we are ready to fight for the compensation you deserve.
Whether you are wondering if the settlement offer made to you by an insurance company is fair or you are already planning on pursuing a case, your Ernst legal advocate can assist you in taking the appropriate next steps. We believe that knowledge is power, so call today to schedule your free case evaluation at (805) 678-0272.
When you’re thinking about filing a personal injury claim in the aftermath of your car accident, a lawyer can help make your claim stronger. Working with the right attorney increases the chances that you will obtain the maximum compensation available.
Working With a Lawyer
With that said, it’s important to realize that working with a San Luis Obispo car accident lawyer is a two-way street. Your attorney will want to know specific details about your case and will expect you to perform crucial tasks, like visiting the doctor on a regular basis. On the flip side, you can expect your lawyer to provide guidance, let you know about your options, and answer any key questions you have.
There are a number of questions every personal injury client should ask their car accident lawyer. If you have questions or want more information regarding your personal injury case, you can schedule a free, no-obligation appointment with an attorney at Ernst Law Group when you call (805) 541-0300 or contact us online.
What Are My Options for Moving Forward With My Case?
The first thing you want to do is be aware of all of your legal options. Knowing what paths you can take moving forward can make each decision easier and clear up any confusion.
Typically speaking, there are four options available once you have been hurt in a car accident:
Do nothing and pay for your injuries out of pocket (not usually recommended if there are available alternatives)
File a personal injury claim with an at-fault driver’s bodily injury liability (BIL) policy
File an injury claim with another form of insurance, such as a workers’ compensation plan
File a lawsuit against an at-fault driver, their insurance company, and/or another third party
By explaining each option in detail, your San Luis Obispo car accident attorney will inform you of their individual pros and cons as well as the steps needed to go through them. They may also indicate which of the options seems like the best path to choose for your given case.
How Does My Car Accident Injury Case Compare to Others?
Your car accident lawyer cannot predict the future, but they can make an educated guess based on their past experience.
When evaluating your chances of success with a legal option, they will compare your case to a hypothetical “generic” case. In a generic car accident injury case, the cause of the accident might be obvious, and the resulting injuries might be, easy to diagnose, easy to treat, and easy to document.
It will also, hopefully, be easy for the injury victim to prove that their injuries were connected to the accident. In this sort of case, the insurance company representing the at-fault driver will most likely settle for a reasonable amount in a relatively short period of time.
Of course, this ideal case probably never existed, and your case will most likely have some key differences. For instance, your injuries may result in substantial medical bills, meaning the insurer will be motivated to poke holes in your claim and reduce its amount.
Fault may also be murky, meaning an accident investigation will be lengthy. Your case may also need substantial legal research to prove fault.
Any one of these factors can make a case more or less likely to result in success, and different factors can also affect the size of your payout. For these reasons, asking the question “How does my case compare?” is usually more productive than asking “How strong is my case?”
What Will the Process Be Like?
You want to be prepared for the road ahead, and you want to have clear expectations. Accordingly, your San Luis Obispo car accident lawyer will explain the process of filing a claim, what steps are involved, and what timeline you can expect the process to follow.
If your case is complex – if it involves multiple potential at-fault parties, for example – then your lawyer might explain how these multiple processes will work out over the long run.
Very few car accident injury cases progress to a lawsuit or court trial, but your attorney will also inform you of the steps required to go through this adversarial legal process.
Overall, learning about the process of filing a car accident injury claim and/or lawsuit helps you understand the amount of time and effort involved in seeking compensation for your injuries.
How Many Cases Like Mine Have You Handled?
Every car accident lawyer in San Luis Obispo will give roughly the same answer to the three questions above, but the answer to this one is a clincher.
You want a lawyer who has handled cases similar, if not identical to, the one you’re currently dealing with. By being familiar with certain factors, your lawyer is better prepared to handle your case efficiently and effectively.
More importantly, your lawyer can prove that they have what it takes to win a case like yours. While a history of winning past cases doesn’t guarantee future results, it does show that the law firm you intend to work with knows the legal strategies and arguments needed to get their clients money for their injuries.
What Do I Need to Do Next?
The answer to this question will vary depending on the legal path you choose to take. No matter how you intend to move forward, it’s important to know what your personal obligations are and what the next big event on your timeline will be.
In most cases, your personal injury lawyer will tell you to visit a qualified doctor and receive a full, accurate medical diagnosis. They will also likely suggest that you avoid discussing the case with anyone and that you be careful speaking to insurance companies.
Start Getting Answers to Your Questions From an Experienced San Luis Obispo Car Accident Lawyer
The sooner you get your questions out in the open, the sooner you and your San Luis Obispo car accident lawyer can start working on a case together.
Demystify the legal process, find out the best next steps to take, and potentially start filing your personal injury claim now when you call Ernst Law Group at (805) 541-0300 or contact us online to schedule a free, no-obligation consultation now.
Millions of vehicles use the roads around San Luis Obispo every year. That means the risk of getting into a car accident is pretty high. Even if you are a perfectly safe driver without so much as a parking ticket on your record, other drivers can and do regularly make mistakes. If you’ve been injured in a collision, you must speak to a San Luis Obispo car accident lawyer at Ernst Law Group.
How Ernst Law Group Can Help You
At Ernst Law Group, we have been representing victims of car wrecks for over 40 years. Early on in our firm’s history, we realized that many people aren’t sure what to do after they’ve been in a collision. That means mistakes are often made by drivers, which can make getting compensation much more difficult, or even land them in legal trouble.
We’re here to help you understand the steps you should take after you’ve been involved in a car wreck in southern California. One of the most important steps to take if you were injured is to speak with a San Luis Obispo car accident lawyer as soon as possible. Give us a call at (805) 541-0300 or contact us online for a free, no-obligation consultation today.
Step 1: Keep Calm, Check On Everyone Involved, and Call 9-1-1
After a wreck, one of the worst things you can do is freak out or blow your top. Instead, be sure to take a breath and maintain your composure. Check on everyone in your vehicle for injuries. If you have any major injuries, especially to your head or neck, don’t move! Doing so could worsen your injuries. The same goes for everyone else in your vehicle. Anyone with major injuries should not be moved.
Call 9-1-1 as soon as possible, and be sure to request an ambulance, even if you don’t think you’re seriously injured. Adrenaline does a great job of masking any pain you should be feeling, and some injuries aren’t always immediately evident. A medical professional can evaluate you for injuries and provide treatment as needed.
Obey every order you get from the EMTs, including taking the ambulance to the hospital. Be sure to do exactly what the doctor says, and follow up with your doctor within a week of the accident, if possible.
Step 2: Talk (Carefully) to the Police and Others at the Scene
When the police arrive, be sure to give a factual statement of what happened. Conjecture or guesswork won’t help anyone. Instead, simply state what happened as you remember it. For instance, it’s fine to say that you were rear-ended by the other vehicle. But you shouldn’t say that the other driver was texting and driving unless you’re positive they were.
You will also need to speak with the other driver involved. When you’re talking to them (or the police, for that matter), NEVER apologize, which can be taken as admitting fault. Admitting fault can mean you forfeit your right to compensation. Instead, simply exchange information with the other driver. This includes your insurance information, contact information, and address.
If there are any other witnesses at the scene of the wreck, be sure to talk to them as well, if you can. Use your phone to record their statement of what happened, and be sure to get their contact information as well. Having that information as part of the recording can be immensely helpful.
Step 3: Take Photos of the Scene
One of the most important things you can do at the scene of the accident is to take photos and gather as much evidence as you can. Ideally, you should take photos before the vehicles are moved to the side of the road, but that’s not always feasible. Even if the vehicles have been moved, take as many photos as you can.
These photos should include damage to both cars, the intersection where the accident happened (if applicable), road conditions, nearby road signs or traffic control devices, weather conditions, injuries, and anything else that may seem relevant. Having too many photos is a lot better than not having enough.
Step 4: Call Your Insurance Company
You’ll need to report the accident to your insurance company, even if you weren’t at fault for the accident. This means either calling your insurance company or, if they have an app, reporting the accident there. Reporting the accident on an app may be better than making a call. You have to type out what happened on the app, meaning you have time to think about it before submitting your answers.
If you do have to call to report the accident, be very careful about what you say. Your insurance company will be recording the call to look for any reason to blame you for the wreck or otherwise reduce the amount of compensation you get.
Instead, simply tell them when and where the accident happened, your policy information, and the information of the other driver. They can get the other details from the police report.
Step 5: Call a San Luis Obispo Car Accident Lawyer ASAP
Within a few days of your car accident, reach out to an experienced car accident lawyer. Even if you aren’t sure who’s at fault for the wreck or you sustained serious injuries, your lawyer can review all of the details of your case and help you determine what types of compensation you may be entitled to.
At Ernst Law Group, we always offer free consultations. That way, you can review all of your legal options without having to pay a dime. In addition, if we file a lawsuit on your behalf, you never owe us a dime unless we win. Give us a call at (805) 541-0300 or contact us online to speak with an experienced San Luis Obispo car accident lawyer today.
Hit and run car accidents can be devastating. In addition to physical pain, they also cause the mental anguish of not knowing whether the at-fault driver will be brought to justice.
These incidents happen all too often in the state of California, and their outcomes can be bleak. According to the Los Angeles Daily News, the LAPD only solved 8% of hit and run incidents in 2017. While that low closed case rate reflects a large percentage of drivers who had property damage only and simply didn’t want to pursue a case, plenty of victims on that list also suffered injuries or fatalities.
If you or someone in your family has been hurt in a hit-and-run car accident in San Luis Obispo, you likely know how bad things are without needing to glance at a single statistic. You may be wondering about your options for not just seeking justice but also financial compensation to pay for your losses. Medical bills, lost wages, out-of-pocket costs, and other damages could be piling up as of this moment.
Working closely with police, your insurer, and an experienced San Luis Obispo car accident lawyer are your best options. They can each help you build a case to identify the driver. Or, at least, assess all of your losses. If you are unable to identify the driver, you can file a claim on your own insurance or possibly with the California victims’ compensation fund.
Hit and Run Laws in California
There’s no mistaking it: hit and run car accidents are a crime in California.
California Vehicle Code 20001 states that “the driver of a vehicle involved in an accident resulting in injury to a person, other than himself or herself, or in the death of a person shall immediately stop the vehicle at the scene of the accident and shall fulfill the requirements of Sections 20003 and 20004.”
Section 20003 requires that drivers involved in an accident that results in injury or death provide to responding police officers:
His or her name
Current residence address
The names and current residence addresses of any occupant of the driver’s vehicle injured in the accident
The registration number of the vehicle he or she is driving
The name and current residence address of the owner to the person struck or the driver or occupants of any vehicle collided with
Drivers are also expected to provide “reasonable assistance” to anyone hurt. This typically encompasses calling them an ambulance, but it can also be related to moving them out of immediate harm’s way or, if you are a licensed healthcare provider, rendering any emergency medical aid you are qualified to administer.
Section 20004 mandates that drivers involved in an accident that results in death, “shall, without delay, report the accident to the nearest office of the Department of the California Highway Patrol or office of a duly authorized police authority and submit with the report the information required by Section 20003.”
Violating these laws is a misdemeanor when property crimes or certain minor injuries are involved. If the accident results in a “serious injury” or death and any driver does not fulfill these duties, they can be charged with a felony.
Misdemeanor hit and runs in California can carry a fine of at least $1,000 and up to $10,000. The perpetrator may also be sentenced to time in the county jail for up to a year. Felony hit and run convicts will be sentenced to at least 90 days in county jail or between 2 – 4 years in state prison. They will also be charged a fine between $1,000 and $10,000.
Options for Obtaining Compensation After You’re Hurt in a Hit and Run Car Accident in California
Filing Under the At-Fault Driver’s Insurance
Without a doubt, your best option for obtaining compensation is to identify and locate the driver who hit you and file a claim on their liability insurance. Following the strategies discussed in the sections below can increase your chances of locating this driver.
Filing under the at-fault driver’s liability insurance is the best way to ensure you get full coverage for all of your accident losses, including property damage and non-financial “general damages” like pain and suffering. Using their insurance also means (in most situations) that your premiums won’t go up and that your insurer won’t consider dropping your policy.
Specific damages you can potentially claim under the driver’s third-party liability policy include:
Medical treatment costs, past and future, including rehabilitation
All “reasonable and necessary” out of pocket costs directly related to the accident, such as hospital deck parking fees and certain court expenses
Lost income as a result of missed work because of your injury
Pain, suffering and emotional distress
Loss of enjoyment of life
Loss of familial relationships and/or spousal relations (consortium)
Punitive damages, which are only added in cases that proceed to a court decision
Filing Another Third-Party Liability Claim
In some cases when a hit and run driver cannot be located, you and a car accident attorney in San Luis Obispo can identify other parties who share fault.
California’s comparative negligence rules require each party involved in an accident to pay for their portion of fault to injury victims. This rule means that you may be able to obtain some or all of the compensation from another party even if you cannot locate the hit and run driver.
Parties who may be technically at fault include:
Other drivers involved who did not flee
Manufacturers of defective vehicles or vehicle components, like brakes
Known persons affiliated with the at-fault fleeing driver, such as employers if the driver was on-duty, or accomplices
Rarely, the designer of the public or private roadway where you were hurt if it allowed for unacceptably dangerous conditions
Filing Under Your Own Insurance
If you are unable to identify or locate the at-fault driver, you can potentially file with your own insurance policy. However, the types of policies that would cover you in this instance are all optional, so you may not have coverage for your incident if all you have is the state-mandated bodily injury liability policy.
Policies that can help you out after a hit and run situation include:
Collision: Pays for the cost of vehicle repairs and property damage
MedPay: Pays for the costs of your injury treatment and medical services
Uninsured / Underinsured Motorist (UM/UIM): Pays when the at-fault driver does not have enough liability coverage or completely lacks liability coverage, including situations where the at-fault driver cannot be located
Health Insurance: Your personal health insurance policy, if you have one, may have to bear the brunt of financial reimbursement if no other means are available
Importantly, UM/UIM insurance typically pays in the event of a hit and run, including when you are a pedestrian, cyclist, or otherwise not using a motor vehicle at the time of your accident. There are some exceptions, so you may need to negotiate with your insurer.
MedPay always pays in the event of a hit and run, with few exceptions, including when you are a non-motorist or when you are a passenger in someone else’s vehicle.
Your insurance companies will want to do everything they can to help you track down the at-fault driver, so don’t be surprised if they want to delay reimbursement while an investigation is pending.
Requesting Victim Compensation
Finally, victims of crimes — including hit and runs — may be eligible to file for funding from the California Victim Compensation Board. This funding can provide for many types of reasonable and necessary expenses related to the accident, including mental health services, relocations, home or vehicle modifications, crime scene cleanup, home security, and more.
Know that these boards are often inundated with requests. Although they always want to help, they may have severe delays in processing your request and ultimately releasing funds. They must also maintain strict rules on who is eligible, so your claim may be denied several times and require appeal before it is honored.
What to Do After You Have Been Injured in a Hit and Run
Taking rapid action after a hit and run collision is your best bet for not only receiving adequate medical treatment but also increasing your chances of locating the perpetrator. While you technically have up to two years to file a claim according to the California statute of limitations, filing as soon as you can aids the investigation and makes insurance companies less inclined to put up a fight.
Regardless of how long ago the accident happened, take the following steps:
1. Report the accident
If you are still at the scene, wait for police to arrive. When filing a report, provide as accurate of information as you are able to recall.
2. Receive prompt medical attention
You should ideally visit the emergency room immediately after the accident. Do not refuse an ambulance if you are seriously hurt. Visit a doctor within 24 hours in all situations. This will ensure better treatment and create a paper trail linking your injuries to the accident.
3. Interview eyewitnesses
Without a doubt, eyewitnesses are the most beneficial resource to locating hit and run perpetrators. Gather statements and contact from all eyewitnesses at the accident scene. Even small details can aid in identifying the driver or their vehicle. If you are not seriously hurt, start questioning witnesses immediately after you and the vehicles involved are in a safe place.
4. Contact your insurance company
Your car insurance company will provide investigative and legal resources as best they can to help you locate the at-fault driver. They have a financial motivation for you to file under someone else’s policy.
5. Be careful when talking with other insurance companies
Once you have opened a liability claim with another insurer, they will do anything they can to reduce your claim’s value or deny it altogether. Refuse to comment on questions of fault or specific medical details about your injury. Say that these facts will be released pending an ongoing investigation.
6. Do not discuss your case in public or on social media
Ideally, you will not discuss your case at all since making certain facts known could hurt your claim or strengthen another party’s defense.
7. Contact a San Luis Obispo Car Accident Lawyer
An attorney provides a valuable resource for your case. They will help you investigate all available evidence, work with insurers, and corroborate evidence of the accident or the at-fault driver’s identity.
8. Cooperate in ongoing police and insurance investigations
You want to stay in touch and up-to-date with both police and insurance company investigations. Staying current informs your legal strategy. It also gives you the chance to contribute statements or evidence that can confirm police leads.
Know Your Legal Rights After a Hit and Run
The most important thing you can do after getting hurt in a hit and run collision is to stay informed of ongoing investigations and to know your rights in general.
Insurance companies, including your own, may make misleading statements about what is covered or whether your accident situation applies to their policy. Reviewing your statement of benefits and working with an experienced San Luis Obispo car accident lawyer gives you the power to assert your rights and bring weight to negotiations.
Know that the disadvantages that apply to criminal hit and run investigations may not apply to your civil case. In the LA Daily News article mentioned above, police investigators mention that criminal charges can’t be brought just because an accident victim knows the vehicle or has a license plate number — they have to be able to identify the driver.
“We can’t place (the suspected driver) behind the wheel, even if he’s the registered owner,” Detective G. McQueen, a supervisor at LAPD’s West Traffic Division, told LA Daily. “We need evidence. We can’t just take everyone into custody.”
However, all an accident victim needs to be able to do is to connect the accident to a specific vehicle. Paint chips, tire marks, eyewitness accounts, video footage, and circumstantial evidence can all aid in vehicle identification. Then, in most situations, the victim can receive coverage under the vehicle owner’s policy regardless of who was behind the wheel.
You have rights, and you have allies. Work with an experienced San Luis Obispo car accident attorney who has a proven record of closing civil cases and helping hit and run victims obtain compensation.
Speak to a lawyer in San Luis Obispo for free during a no-obligation case review when you call (805)-541-0300 or contact online to schedule your appointment.
In a study of more than 10,000 car accidents that occurred between 2017-2019, researchers found that the 4.5-mile section of I-15 between Exits 138 and 129 was the deadliest stretch of highway in the entire state with 19 deaths from 19 accidents in only two years. 
