Articles Tagged with car accidents

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Motor vehicle collisions in San Marcos and throughout San Diego County can be devastating, and even a relatively minor crash with limited injuries can prevent you from returning to work for weeks, months, or even longer. After a car accident caused by another motorist or another party, you may be wondering if you are eligible to file a car accident lawsuit against the party who is responsible for your personal injuries and property damage. In many instances, it is possible to file a lawsuit, but you may have additional options for seeking compensation, as well. One of our San Marcos car accident attorneys can explain in more detail.

You Do Not Need to Meet Any Threshold to File a Lawsuit

Some states are “no-fault” states for auto insurance purposes, which means that you would need to meet a financial or injury “threshold” in order to be eligible to file a lawsuit. We want to be clear that California is not a “no-fault” state, and you do not need to meet any threshold in order to file a lawsuit. If you can prove that another party was liable, you may be able to move forward immediately with a lawsuit.

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It is that time of the year again when clocks go forward, and residents of Oceanside and the rest of the state lose an hour of sleep. Although you might not associate a clock change with a rise in car accident rates, data shows that this is one of the most dangerous times of the year when it comes to serious and deadly traffic accidents. According to an article in Business Insider, daylight saving time “is literally killing us” because of the increase in injuries and deaths at this time of the year linked to losing just one hour of sleep. Our Oceanside car accident lawyers can say more about the dangers of daylight saving time, and we can also assist you with a claim if you are injured in a motor vehicle collision at this time of the year.

Car Accident Injuries and Other Death Rates Rise

As the article highlights, when we lose an hour of sleep due to daylight saving time, we are “prone to make more deadly mistakes on the road.” Indeed, “researchers estimate that car crashes in the US caused by sleepy daylight-saving drivers likely cost 30 extra people their lives over the nine-year period from 2002-2011.” Drivers are more tired when they have to commute to work in the dark, in addition to the fact that they are operating on less sleep. Even in the days and weeks following the changing of the clocks, most of us continue to experience an impact on our sleep schedules.

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Distracted driving crashes occur much too frequently in Encinitas and throughout Southern California. Whether a distracted driving collision happens at high speed on the I-5 or on a local road, the consequences can be devastating. In 2020 alone, the National Highway Traffic Safety Administration (NHTSA) reported that 3,142 people were killed in distracted driving accidents, and thousands more were injured. Drivers of any age can get distracted behind the wheel, and various types of distractions can cause wrecks. Distracted driving often involves the unlawful use of phones for talking or texting, but it can also involve any kind of distraction that takes the driver’s eyes off the road, hands away from the wheel, or mind away from the important task of focusing on the road. 

If you were injured in a distracted driving accident in Encinitas, what steps should you take? Our Encinitas car accident attorneys have tips that can help you with your case.

Call 911 to Report the Accident

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Motor vehicle accidents in Oceanside can be devastating under any circumstances, whether they result from another driver’s negligence or because of a hazardous condition on the roadway. When another party is responsible for a traffic collision that causes injuries, it is critical to work with a lawyer to find out about seeking compensation and to gather evidence to prove fault in the crash. Depending upon the cause of the collision, fault is easier to prove in some cases than in others. For example, in a car accident caused by a drunk driver, the police might have administered a breathalyzer test and arrested the drunk driver, and any accompanying police reports and records can make up the majority of a civil lawsuit against the drunk driver. 

However, fault can be more difficult to prove in other kinds of traffic collision cases. In particular, drowsy driving might seem as though it would be difficult to prove. What do you need to know about proving fault in a drowsy driving case?

Understanding Drowsy Driving in Southern California

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If you are regularly on the road in Oceanside or elsewhere in San Diego County, it is critical to be aware of the risks of distracted driving. Not only should you be taking precautions yourself to avoid getting distracted behind the wheel of your own car, but you should also be aware of the significant likelihood that another motorist on the road is engaged in distracted driving at any given moment. The National Highway Traffic Safety Administration (NHTSA) emphasizes that distracted driving collisions have increased significantly as more car and truck drivers have begun using smartphones, and more crashes have resulted from talking or texting while driving. 

A new study published in The Journal of Bone & Joint Surgery suggests that the distracted driving problem may be even bigger than previously suspected. Indeed, the authors of the study reported that more than 99 percent of motorists who have been involved in collisions admit to driving while distracted at least once in the last 12 months. 

Details of the Recent Distracted Driving Study

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Although inclement weather is not a problem during the holiday season in Escondido the way it is in other parts of the country, many Southern California residents travel north for the holidays where inclement weather can make driving conditions significantly more hazardous. Yet even if you remain in San Diego County this holiday season, it is important to know that many more vehicles are likely to be on the road, increasing the risk of a motor vehicle collision. What can you do to avoid a serious car crash during the holidays? Our experienced Escondido car accident lawyers can help. 

Do Not Engage in Distracted Driving Behaviors

Distracted driving is a leading cause of motor vehicle collisions and deaths in California and across the country. During the holiday season, more vehicles are traveling on California freeways, and roads are congested. With more drivers on the road, the risk of a motor vehicle collision increases, especially if you are not paying attention to your surroundings. Avoid all distractions, from talking or texting on a smartphone to eating in the car or inputting a new address into your GPS. Avoiding distractions can reduce the likelihood that you will be involved in a collision.

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For most Valley Center residents, news of a distracted driving accident does not produce an image of an older adult driver talking or texting on a cell phone. Yet seniors in California routinely use their phones when they are behind the wheel of an automobile, including in San Diego County. California has had a ban on handheld cell phone use while driving since 2008, but seniors, along with drivers of other ages, continue to talk and text on their phones despite the ban. Indeed, data from a distracted driving study in Southern California suggests that teenagers and young adults certainly are not the only age group responsible for distracted driving crashes resulting from improper cell phone use. What should you know about older adult drivers and the risks of distracted driving? 

UC San Diego School of Medicine Study Shows Seniors Engage in Distracted Driving Behaviors at High Rates

According to a study conducted by researchers at the UC San Diego, seniors use cell phones behind the wheel much more frequently than you might think. Indeed, researchers from the University of California San Diego School of Medicine’s Training, Research, and Education for Driving Safety (TREDS) program found that almost 60% of seniors aged 65 and older use their cell phones for talking or texting while driving, putting themselves and others on the road at serious risk of injury in a distracted driving collision. 

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Whether you are involved in a motor vehicle collision in Rancho Bernardo or elsewhere in Southern California, you may already know just how important seat belts are to preventing serious and fatal injuries. Yet many vehicle occupants still do not buckle up, especially when they are sitting in the back seat of a car or SUV. A recent article in Bankrate addresses the history of seat belts and motor vehicle safety and considers who far we have come by 2021. We want to discuss some of those considerations with you here and to urge you to seek advice from a Rancho Bernardo car accident attorney if you need help filing a claim for financial compensation. 

Long History of Motor Vehicles and Limited Seat Belt Use

According to the Bankrate article, seat belts have been around for much longer than you might think. To be sure, this safety device actually dates back to the 19th century—long before a majority of Americans owned any kind of vehicle—yet they have not been used as widely as many safety advocates would like. Indeed, by 1980, only about 10% of Americans reported that they wore seat belts when driving a car or occupying a passenger seat in a vehicle. Those numbers improved significantly in the late twentieth century and into the twenty-first century. By 2019, just over 90% of Americans report that they wear a seat belt whether driving or riding in an automobile.

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Nobody expects to get hurt in a car accident in Vista or elsewhere in Southern California, yet negligent motorists routinely cause serious crashes that result in significant and debilitating injuries. When someone is injured in a collision, they should be able to have the option of filing a third-party claim through the at-fault driver’s insurance or filing a first-party claim through their own insurance. As you may know, California is an at-fault state or a “tort” state when it comes to auto insurance, and motorists are required to carry liability coverage to compensate others who have been injured in collisions. 

What happens when an uninsured motorist causes a car crash in Vista or in another part of San Diego County? What options does an injured party have for seeking financial compensation?

Determine if You Have Uninsured Motorist Coverage

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Whether you are on the road heading to or from work, or you are driving up the California coast with your family for a weekend vacation, you should know that some types of accidents tend to happen more often in the summer than during other months. Winter weather collisions are not typically an issue in Southern California given that the weather is temperate year-round, but many of the summer and warm-weather accident hazards that exist throughout the country are certainly present in San Diego County and throughout the state in the summer. Travelers Insurance identifies some of the most common causes of car crashes from June through September. The following are tips for avoiding a summer auto accident.

 

  1. High Temperatures can Pose Dangers to Your Vehicle

 
High temperatures can wreak havoc on an automobile if it is not regularly and properly maintained. For example, if tires are underinflated and the weather is particularly hot, you could be at risk of a tire blowout while you are driving. Engines can also be at increased risk of overheating during the summer. Most of the vehicle-related risks that come with hot weather can be avoided if you have your vehicle serviced regularly.

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