• What Injuries Can Cause Death in a Car Accident?

    Which Car Accident Injuries are Most Commonly Fatal?

    Certain injuries from car accidents are more likely to result in death than others. Here are some of the most common fatal injuries:

    • Head injuries: Traumatic brain injuries, concussions, skull fractures, and contusions cause a majority of car accident deaths. These injuries can occur when the head strikes the steering wheel or another hard surface, causing the brain to shake within the skull. These injuries can lead to severe brain damage, coma, or death.
    • Spinal cord injuries: The spinal cord connects the brain to the rest of the body, so damage here can result in paralysis or death.
    • Internal bleeding: This type of injury occurs when the impact from a car accident causes blood vessels or organs to rupture. The danger lies in the fact that internal bleeding isn’t always immediately visible. By the time symptoms appear, it might be too late to save the victim.
    • Chest injuries: Damage to the heart, lungs, and major blood vessels can be fatal. The force of a collision can fracture ribs and puncture internal organs. Blunt trauma to the chest can also cause cardiac arrest.
    • Severe burns: Car accidents sometimes result in fires or explosions, leading to severe burns covering large areas of the body, which can be fatal.

    Experienced Car Accident Lawyers in Tracy, CA

    Which Car Accident Types Result in the Most Deaths?

    Certain types of car accidents are more likely to result in fatalities due to the nature of the impact and the forces involved. These include:

    • Head-on collisions: This is when two vehicles traveling in opposite directions crash into each other front-first. These accidents are often fatal due to the speeds involved and the fact that the car’s front end, where the driver is seated, bears the brunt of the impact.
    • T-bone accidents: Also known as side-impact collisions, T-bone accidents happen when the front of one vehicle crashes into the side of another. These accidents are particularly dangerous for the occupants on the side of the car that gets hit.
    • Rollover accidents: Rollovers involve a vehicle flipping onto its side or roof. These accidents can be particularly deadly due to the potential for occupants to be ejected from the vehicle if they are not wearing seatbelts.
    • Rear-end collisions: While generally less fatal than other accidents, rear-end collisions can still result in deaths, especially at high speeds. Fatalities are more likely if the rear-ended vehicle is pushed into oncoming traffic or other obstacles.
    • Multi-vehicle pileups: Highways are the most common places for multi-vehicle pileups. These accidents are particularly deadly due to the high speeds at which they usually occur, the multiple impacts some cars sustain, and the difficulty for emergency responders to reach and treat victims quickly.
    • Pedestrian, bicycle, and motorcycle accidents: Collisions involving victims who are not inside a car are often fatal due to the lack of protection. When a vehicle strikes a pedestrian, bicyclist, or motorcyclist, the force of the impact can cause life-threatening injuries, especially if the collision occurs at high speed.

    What Steps Should I Take If a Car Accident Kills My Loved One?

    Losing a loved one in a car accident is devastating. Here’s how to navigate this difficult time:

    • Seek immediate medical help to get first responders on the scene. These professionals can confirm the death and provide any necessary documentation.
    • Report the accident to the police and make sure a thorough investigation is conducted. Obtain a copy of the police report for future reference.
    • Document the scene and gather contact information from witnesses.
    • Notify your insurance company about the accident and the death of your loved one.
    • Consult a car accident attorney who can guide you through the legal process and help you file a wrongful death claim.

    Does Hiring a Car Accident Lawyer Help?

    Relying on a car accident lawyer after losing a loved one in a car accident eases the burden during this difficult time. A lawyer can help you conduct a thorough investigation, gather evidence, and work with experts to build a strong case. Their negotiating skills help ensure fair compensation for your loss and reduce the chance of ending up in court. Even so, if your case goes to trial, a lawyer will represent you to achieve the best possible outcome.

    Get Experienced Legal Help from a Car Accident Attorney in Tracy, CA

    Nothing compares to losing a loved one in a tragic car accident. Bakerink, McCusker & Belden can support you legally and emotionally as we help you fight for justice. If your loved one was killed in an auto collision, contact us at (209) 835-9592 to request a free consultation. We’ll put our 35 years of legal experience to work for you

  • Is it Worth Getting a Lawyer for a Car Accident?

    Benefits of Hiring a Car Accident Lawyer

    Dealing with insurance companies and legal claims after a car accident can be overwhelming, especially when you’re trying to recover from your injuries. Here are several ways a car accident attorney can help:

    • Reducing stress: Filing a car accident claim can be stressful and time-consuming. Hiring a car accident attorney allows you to focus on your recovery while they handle the legal aspects of your case.
    • Expert knowledge and experience: Personal injury lawyers often specialize in car accident cases. They understand the laws, procedures, and strategies needed to build a strong case, increasing your chances of getting a fair car accident settlement.
    • Evidence gathering: Your lawyer will gather crucial evidence to support your claim. This includes obtaining police reports, medical records, witness statements, and any available video footage. Proper evidence collection strengthens your case and increases the likelihood of a favorable outcome.
    • Accurate claim assessment: Determining the value of your claim involves adding up economic losses like medical bills and lost wages, but it also goes well beyond this. A car accident injury lawyer can accurately assess the full extent of your damages, including future medical expenses, lost earning potential, pain and suffering, and more. An accurate assessment ensures you pursue the full compensation you deserve.
    • Protecting your rights: After an accident, it’s easy to make mistakes that could harm your claim. A car accident attorney ensures your rights are protected throughout the process. They advise you on what to say and do, preventing you from making statements or decisions that could be used against you by insurance companies.
    • Effective negotiation skills: Insurance companies tend to offer low settlements immediately after the accident in an attempt to minimize payouts. Don’t fall for this trick—instead, speak with an experienced car accident lawyer first to see if the settlement is fair. If not, the lawyer will put their negotiating skills to work. They can handle all communications, present compelling evidence, and advocate on your behalf to secure a better settlement.
    • Contingency fee basis: Many car accident lawyers work on a contingency fee basis, meaning they only get paid if you win your case. This makes legal representation affordable, as you don’t have to worry about upfront costs.

    Car Accident Lawyers in Tracy, CA

    When to Hire a Car Accident Lawyer

    Not every car accident requires legal representation. For instance, fender benders are typically easy to manage through your insurance company. However, here are the situations where hiring a lawyer is highly recommended:

    • Severe injury or death: If you or a passenger sustained serious injuries, became permanently disabled, or was killed in the collision, hiring a car accident injury lawyer is crucial. Severe injuries often involve high medical costs and long-term care needs, while wrongful death can be emotionally devastating and have significant financial consequences for you and your loved ones. An attorney can help you obtain compensation that reflects the long-term impact on your life.
    • Disputed liability: If there are disputes over who was at fault for the accident, an attorney can help gather evidence and build a strong case to establish liability. Proving that the other party was at least partly responsible is essential for securing compensation.
    • Insurance issues: When an insurance company denies your claim, offers a low settlement, or delays payment, it’s time to consult a car accident lawyer. They have the expertise to challenge these tactics and fight for your rights.
    • Complex cases: Accidents involving multiple parties, commercial vehicles, rideshare drivers, or hit-and-run situations tend to be more complicated. A lawyer can navigate your complex case and ensure all responsible parties are held accountable.

    Contact Our Car Accident Attorneys in Tracy, CA

    California law isn’t always easy to understand. It’s tempting to accept a low settlement and move on, but if you do, you could be leaving thousands of dollars on the table. Get the help you need navigating the aftermath of a car accident—turn to Bakerink, McCusker & Belden for expert legal advice.

    Our car accident attorneys in Tracy, CA, have over 35 years of experience providing the guidance our clients need and deserve. We work on a contingency basis, so you don’t have to worry about high upfront fees. Contact us at (209) 835-9592 today for your free, no-obligation case evaluation. Let us fight for your rights and secure the compensation you deserve.

  • Rights to Compensation After Crash

    Replacement And Rights in Tracy, CA

    What Are Your Rights to Compensation After a Catastrophic Injury?

    Catastrophic injuries are often associated with motor vehicle crashes. Often, personal injury lawyers who handle catastrophic injury cases work with clients who have been involved in big rig crashes and motorcycle accidents, although other incidents such as dog attacks can also inflict catastrophic injuries. Due to the complexity of these cases, it’s essential to get in touch with a lawyer in Tracy or Manteca right away to discuss your right to seek compensation.

    Auto Accident Injury Attorney in Tracy, CA

    Defining Catastrophic Injuries

    The legal definition of catastrophic injuries is broad. It encompasses every type of severe injury that is expected to result in life-altering and long-term problems. This includes permanent, debilitating, and disfiguring injuries that cause deficits in any major area of an individual’s functioning. For example, some common catastrophic injuries include the amputation of one or more body parts, the loss of vision or hearing, severe burn injuries, partial or total paralysis, and moderate to severe traumatic brain injuries (TBIs). When you meet with your personal injury lawyer, you’ll be asked to sign a waiver to allow him or her access to your medical records.

    Identifying Past Expenses

    After assessing the strengths and weaknesses of the case, your injury lawyer will need to determine the amount of compensation that is reasonable for you to seek. The compensation that may be sought in a lawsuit generally includes past, current, and future damages. Your past expenses will likely include costs for surgeries, hospitalization, diagnostics, physical therapy, and other specialized therapies. You might have needed to purchase durable medical equipment, pay for modifications to your home to allow accessibility, and perhaps hire an in-home health aide. It’s important to keep track of all of these expenses. Give copies of your receipts to your injury lawyer.

    Calculating Future Needs

    Since catastrophic injuries result in long-term, if not permanent deficits, your lawyer may consult with various experts to determine your anticipated future care needs. These might include additional surgeries, treatments for potential complications, long-term rehabilitative services, medications, and similar expenses. Additionally, you may request compensation for your anticipated partial or total unemployment.

    Get Compensated to Replace a Car Seat After a Crash

    After a car accident, there is a good chance that your child’s car seat should be replaced, even if there is no obvious damage. Many manufacturers suggest replacement after even a minor accident. If you are dealing with the aftermath of an accident that was not your fault, your personal injury attorney in Tracy or Livermore can help you navigate the process of seeking compensation for all of your damage, including your car seat.

    Expert Auto Accident Injury Attorney in Tracy, CA

    Under California law, a child’s car seat must be replaced if the seat was occupied at the time of the accident. If your child was in the car when the accident occurred, your attorney will pursue replacement on your behalf on these grounds. If the seat was not occupied when the crash occurred, then your attorney can still seek a replacement car seat at no cost to you based on the manufacturer’s recommendation or by demonstrating that the accident does not qualify as a minor crash.

  • New Traffic Laws California Drivers Need to Know

    If you are involved in an auto accident, your knowledge of the current laws could have an impact on your case. New traffic laws hit the books in California, so do you know the new rules of the road? Here is a look at some of the most recently passed traffic laws in California. Be sure to consult with your attorney in Tracy if you have any questions.

    Traffic Laws in Tracy, CA

    Mobile Device Mounting

    Texting while driving is already against the law in California, but a loophole in the law let people claim that they were using their phones for GPS if they received a ticket for using their devices behind the wheel. This new law closes that loophole by requiring any mobile device that is in use to be mounted either in the lower right or left corner of the windshield. Further, drivers can only use one finger on the device or risk being ticketed. Drivers are not allowed to have their devices mounted in another location on the windshield that could obstruct the field of vision. If you’re involved in an accident in which the other driver appears to be violating this rule, try to obtain a photo of that driver’s phone placement. Your personal injury attorney could use your picture as evidence should you file a lawsuit.

    Motorcycle Lane Splitting

    Lane splitting occurs when motorcycles use the spaces between stopped traffic to continue traveling down the road. California is one of the few states in which motorcycle lane splitting is now legal, but only under certain conditions. Motorcycles may not travel more than 10 mph faster than the traffic around it, and they must be traveling in the same direction as the traffic. The California Highway Patrol also recommends that motorcyclists avoid lane splitting when traffic is moving faster than 30 mph.

    Rear-Facing Car Seats

    Under new laws, children must ride in rear-facing car seats until they are age two, regardless of their weight. The law assumes that children will reach 40 inches in height and 40 pounds in weight by that time, when they can transition to forward-facing seats.

  • Examining the Roles of Contributory & Comparative Negligence

    Personal injury cases rest on the concept of negligence. When you hire a personal injury lawyer, he or she will consider the role of negligence in your case, including whether the negligence rests solely with the other party or if you contributed to the accident in any way. If you can be proven to have a role in causing the accident, your lawyer in Tracy may adjust the kind of compensation he or she pursues on your behalf. These concepts are known as contributory and comparative negligence, depending on the laws in your state. Here is what you need to know.

    Contributory Negligence

    Contributory Negligence

    Contributory negligence is a system used in only a handful of states: Maryland, Alabama, Virginia, North Carolina, and Washington, D.C. Under this system, accident victims who were responsible for any part of an accident can be prevented receiving any compensation at all for their injuries. Even if the role of victims was very small and their injuries are severe, the contributory negligence system means that they may be full responsible for all of their own damages, including long-term financial problems caused on ongoing medical bills or the inability to work. The all-or-nothing nature of contributory negligence is the reason it is only used in a small number of states. Other states have decided that contributory negligence is too extreme and instead rely on comparative negligence.

    Comparative Negligence

    The comparative negligence system lets defendants in personal injury cases mount a partial defense, in which they argue that the victim has some degree of responsibility for the accident, so they should only be eligible to receive a reduced amount of compensation. Usually, this is expressed as a percentage, and the assigned percentage of responsibility is the percentage of available compensation the victim receives. In some states, including California, there is a pure comparative negligence system, in which victims can receive compensation even if they were more negligent than the defendant. In modified comparative negligence states, accident victims must be less negligent than defendants to receive damages in a personal injury case.

  • What Not to Say After a Car Crash

    Personal injury lawyers in Tracy and Manteca can assist you in securing compensation after a car accident . Unfortunately, many car crash victims inadvertently compromise the influence of their personal injury lawyer by saying the wrong things to the other driver. Since your personal injury lawyer won’t be on the scene to guide you, it’s important to know the ins and outs of conversing with the other driver after a crash.

    Personal Injury Lawyers

    Although you’ll need to gather certain information from the other driver such as the driver’s license number and contact information, you should refrain from discussing anything else with him or her. In particular, injury lawyers strongly recommend not discussing the specifics of the crash, such as which party made which mistakes. Never apologize for the crash because this can be misinterpreted as an admission of fault. The insurance carrier will attempt to pin the blame on you, even if you truly weren’t at fault, and apologizing to the other driver will only serve to substantiate the case against you.

  • Mistakes to Avoid When a Car Accident Happens

    Following a car accident, you might have to deal with the consequences of missing work, fixing damage to your car, handling liability issues, and seeking treatment for related injuries. In addition, you may need to contact a personal injury lawyer in Tracy at Bakerink, McCusker & Belden to ensure you obtain the compensation you deserve. While it’s important to know what steps to take following a car accident, it is equally important to understand what mistakes to avoid.

    Leaving the Scene
    If you’re involved in a car accident where the damage appears minor, you should still stay at the scene. You are legally required to stop and check on the other people involved, regardless of how serious the accident initially appears. You should also exchange insurance information with the other driver so that you can provide this information to your lawyer and insurance company. In some states, driving away from an accident scene involving injuries can result in felony charges. Not only do you need to check on the scene, but if someone is injured, you must provide aid, transport him or her to the hospital, or wait for help to arrive.

    personal injury lawyer in Tracy Forgetting Proper Documentation
    Once you’ve called 911 to report the accident, you need to make sure you properly document the incident for the personal injury lawyers that could become involved in your case. As soon as possible following the accident, write down exactly what happened in the moments leading up to the incident and when the crash occurred. For example, you need to know what street you were on, what direction you were headed, and when the other driver came onto the scene. Not only will you want to provide this information to your attorney, but you will also need to give it to law enforcement and your insurance provider.

    Neglecting the Aftermath
    Coping with the trauma of a car accident is difficult, but you still need to follow up on the aftermath by seeking medical treatment and consulting an accident attorney with Bakerink, McCusker & Belden. It’s especially important to get in touch with a lawyer if your resulting injuries will require extensive medical treatment.

  • What to Do After a Car Accident?

    Countless individuals suffer injuries and property damage each year because of careless, reckless, or drunk drivers. Unfortunately, it isn’t in the insurance companies’ best interests to justly reimburse victims of car crashes, which is one reason why it’s essential to retain the services of a personal injury lawyer near Manteca. Your personal injury lawyer will serve as a powerful ally to help you obtain the compensation you deserve.

    Evaluate the Situation
    Although a car crash is a distressing situation, it’s important to try to remain calm. There are a number of steps you must take to protect your legal rights after a collision. First, however, consider whether oncoming traffic could strike your vehicle. If possible, move your vehicle away from the path of other vehicles. Check yourself, your passengers, and the other driver for serious injuries. Once you’ve determined whether someone might need an ambulance, call 911 and provide the information requested by the emergency dispatcher. Then, if you aren’t sure what to do next, you can call a personal injury lawyer for guidance.

    Exchange Information
    Your accident attorney can inform you of the information you need to exchange with the other driver, such as names, contact information, and insurance information. Additionally, write down the driver’s license number, license plate number, make, and model of the other vehicle. Write down the names and contact information for any passengers and other witnesses, if applicable. When police officers arrive on the scene, write down their names and badge numbers, and obtain a copy of the police report.

    Document the Scene
    Your personal injury lawyer can use the information you collect along with your explanation of what occurred to demand compensation on your behalf. However, it can be helpful to have physical evidence to substantiate your claim. If possible, take pictures of the crash site, the damage done to both vehicles, and any injuries.

    Skilled Car Accident Lawyers in Tracy, CA File a Claim
    Your personal injury lawyer can provide invaluable assistance with your insurance claim. He or she can coach you on what you should and shouldn’t say to the insurance representative, and your lawyer can negotiate with the insurance company on your behalf. In some cases, an accident attorney may file a personal injury lawsuit on behalf of car crash victims.

  • The Importance of Legal Help after an Accident

    Legal Help After Accident If you have been injured in an accident, it’s essential that you take immediate action to protect yourself and your rights. One of your first steps should be to contact a personal injury lawyer near Tracy to set up a consultation. During that initial meeting, your attorney can help you determine whether you have a case and who should be held responsible for the harm you have suffered. Your attorney can also inform you of how much compensation you may be entitled to for your injuries, which will help you decide whether your case is worth pursuing. Bringing a legal case can be a complex process, and a seasoned attorney will have the expertise and knowledge of California law that is necessary to navigate the legal system and bring your case to a satisfactory conclusion. No matter what kind of accident you have been involved in, an experienced accident attorney can help you.