FREQUENTLY ASKED QUESTIONS 

 

YOU HAVE QUESTIONS ABOUT YOUR PERSONAL INJURY CASE 

 WE HAVE THE ANSWERS

Automobile Accident FAQ's

What do I do after a car accident?

 

  1. Seek medical attention—assess the condition of all those involved in the accident and if necessary call an ambulance. Request a full examination and always proceed according to your doctor’s orders.
  2. Call the police—as soon as you are able, call the authorities to come to the scene and obtain a police report with details of the accident. Keep these in your records and provide it to your attorney.
  3. Gather evidence of the accident—it is vital that you provide your attorney with as much information pertaining to your accident as possible. This includes the contact information of all other drivers and witnesses to the accident, along with photographs of the accident scene, the vehicles involved, and any injuries you have sustained.
  4. Do not admit to any fault—it may come naturally after an accident to apologize for any and everything pertaining to the crash, but do not say sorry to anyone involved or to any witnesses or insurance agents. An apology can be construed as an admission of fault and void your chances at securing compensation.

Retain a California accident lawyer—our attorneys understand how injury litigation works and can argue fiercely on your behalf in and out of court.

What types of auto accident cases do our personal injury Lawyers handle?

-We handle a wide range of auto accident cases involving the negligent and reckless conduct of other drivers, including but not limited to: 

  • Semi-truck, eighteen-wheeler
  • Motorcycle accidents and crash injury
  • Drunk driving crashes
  • Hit and run accidents
  • Rear-end collisions
How do our Personal Injury Lawyers hold irresponsible parties accountable?

Our offices can argue that the driver who hit you was acting negligently and should be held liable for damages. These damages may go towards covering your medical bills, lost wages from your job, pain and suffering, and other losses.

You should NOT suffer through a serious accident alone. Barry’s office is prepared to protect your rights in and out of court by building you a customized claim for compensation.

What are the types of damages an auto insurance company will typically pay for?

With the right car accident attorney at your side, the types of damages an insurance company will typically pay for include the following:

  • Medical bills (past and future)
  • Pain and suffering
  • Lost income
  • Loss of companionship
  • Emotional distress
What kind of damages are recoverable in an auto accident claim?

If you have been involved in a car accident, you are entitled to compensation for medical bills, lost wages, emotional distress, car rentals, and expenses.

What are punitive damages and when can they be claimed in an auto accident case?
What is the legal effect of failing to use mandatory seat belts?
What if a cell phone was in use?
What if I am hit by an uninsured driver?

The most common type of personal injury cases in our court system today are cases arising out of auto accidents.      Millions of vehicle accidents occur every year, leaving hundreds of thousands of people injured or traumatized.  In a world where technology has taken greater leaps and bounds in the last 20 years than the previous 100, our responsibility to be safe and careful drivers has grown. Unfortunately, many drivers haven’t gotten the message. Our firm’s job is to make sure drivers and insurance companies understand their role in providing for injured and grieving people.  Every 10 seconds, someone in the United States is involved in an auto or car accident, many times causing serious injuries or death.  In  California, the number was 3,062 motor vehicle fatalities.  For more information see the Governors Highway Safety Administration site at (GHSA).

If you have questions about whether you have a serious injury or one that may be minor.   If you are seriously injured by the negligence of another driver the importance of hiring an experienced aggressive and competent California Personal Injury Attorney specializing in an auto accident and injury cases is critical.  Barry J. Simon has handled car accidents all over the country and he will put 200% into your case as he keeps a small caseload. 

Truck or Big Rig Accident FAQ's

How Can an Experienced Truck Accident Lawyer Help?

Determining who the potential defendants responsible in a commercial trucking accident case can be difficult.  Especially,  when the Commercial Vehicle or truck involved in the accident may be underinsured.  Considering the injuries and damages all Plaintiffs may have suffered, identifying all responsible defendants is of the utmost importance.

Long haul truck companies have to carry at least $750,000.00 in insurance which is necessary because of the serious nature of truck accidents.  A tractor-trailer accident is a life-altering event for which nobody prepares.

An attorney can help you understand whether filing a personal injury lawsuit after a truck accident is the right course of action for you. Sometimes, it’s not possible to negotiate a fair insurance claim settlement and you need to pursue legal action against the truck driver and his or her trucking company. An experienced truck accident lawyer will be familiar with what it takes to win your case, including gathering the right types of evidence, working with expert witnesses from the commercial trucking industry, and establishing that the truck driver is legally at fault for the accident.

What Types of Damages Can a Truck Accident Victim Receive?
If you are successful in a truck accident lawsuit, you may be entitled to receive compensation for the following types of damages:
  • Costs of Medical Treatment:

If the truck driver was totally at fault, you should receive full compensation for the costs of your medical treatment. This includes costs for time spent in a hospital, copayments for visits to your doctor, prescription drug costs, and the cost of any ongoing physical therapy or other care you had to undergo as a result of the accident.

  • Compensation for Pain and Suffering: 

If your injuries were severe and caused you to experience extreme pain and emotional suffering, you may be entitled to

compensation.

  • Lost Wages:

If you had to take time away from your job to recover from the injuries you sustained in the accident, you may receive an amount equal to what you would have earned during that time. Some truck accident victims are permanently disabled or have a reduced capacity to work in the future. In this case, you may be entitled to money damages for lost future earnings.

  • Damage to Property:

If your vehicle or other property was damaged in the accident, you may receive compensation for the fair market value of your the property at the time of the truck accident.

What are the common causes for truck accidents?
  • Blind Spots
  • Faulty tires and brakes
  • Improperly secured loads
  • Impaired drivers
  • Distracted Driving

 

What steps do I take following a truck accident?
  • Seek Medical Care: The very first thing you must do following a trucking accident is to get immediate medical care and ensure all the passengers in your vehicle are properly treated.
  • Call the Police: There will likely be police and EMT’s at the scene of the accident, but if, for some reason, there are not, it is important to call the police and report the accident. If the police or anyone else asks you, about the details of the accident, give only the most basic details, including your own contact information.
  • Remain Silent: Refrain from saying anything, which could be interpreted as an admission of guilt. This includes even saying, “I’m sorry,” to anyone else involved in the accident.
  • Take Photographs: If you are medically able, take photographs of the scene of the accident, and secure names and addresses of any witnesses.

Speak to an Attorney: Your best bet is to speak to an accident attorney as soon as possible. Our legal team will go over your case and discuss all the options.

What are the potential liable parties involved?

-Holding all responsible parties liable can greatly increase the amount of compensation you receive. The list of potentially liable parties include:

  • Truck Driver
  • Trucking Company
  • Manufacturer of the Truck
  • Truck Maintenance Company
  • Truck Loading Company

Additional Information About Motorcycle Accidents

  • PROTECT YOUR RIGHTS!

Immediately after a truck accident, a claims adjuster from the truck driver’s commercial insurance company may contact you. You should never speak to a claims adjuster without consulting with a lawyer first. A claims adjuster might come across as friendly, but it’s important to remember that this person’s goal is to settle your claim for as little money as possible. The agent might try to get you to say things that ultimately hurt your claim.  To protect your rights, there are many reasons it is wise to never try to negotiate or settle a truck accident injury claim on your own. 

Truck accidents usually result in serious injuries.   If you are seriously injured by the negligence of a truck driver the importance of hiring an experienced aggressive and competent California Personal Injury Attorney specializing in semis, tractor-trailers, 18 wheelers, big rigs or CMV's Commercial Vehicles-trucks critical.  Barry J. Simon has handled truck accidents all over the country and keeps a small load allowing him to put 200% into your case. 

Motorcycle Accident FAQ's

What are the common injuries resulting in motorcycle accidents?
  • Spinal cord injuries
  • Traumatic brain injuries
  • Internal injuries
  • Bone fractures
  • Loss of limbs
  • Permanent disfigurement
What are the causes of motorcycle accidents?
  • Speeding
  • Distracted driving
  • Drunk driving
  • Roadway debris
  • Left turn and head-on collisions
What do I do if I’m involved in a motorcycle accident?
  • Get out of the roadway, if possible.
  • Seek medical attention.
  • Make sure you have the other party's insurance/contact information.
  • Contact law enforcement and report the accident.
  • Do not admit fault and do not discuss the accident with anyone except officers.
  • Contact a personal injury attorney right away
What are examples of evidence I can use to prove my case of negligence and liability?
  • Police report
  • Photos of the crash scene, damages to your motorcycle, etc. 
  • Eyewitness testimony
  • Photos, x-rays, and certified reports of your bodily injuries
What else can I do to further make my case?
  • It is also beneficial to ask for contact information from witnesses, and incident and medical reports. This can substantiate that your injuries were, in fact, due to the accident.

Additional Information About Motorcycle Accidents

A motorcycle accident can result in extremely serious injuries, as the rider has little protection against the force of the impact caused by a motor vehicle. Every case is different, but following a few simple steps may protect your health and your right to fair compensation after a serious motorcycle accident.  We understand that this can be a life-changing event and may cause intermediate uncertainty.  We have provided answers to some of the most frequently and commonly asked questions regarding motorcycle accidents:

BICYCLE ACCIDENT FAQ's

What types of bicycle accident claims can our personal injury attorneys help you with?
  • Hit and run accidents
  • Distracted drivers
  • Public transportation accidents
  • Unsafe road conditions
  • Defective bike or motor vehicle parts
What Should I Do If I've Been Injured in A Bicycle Accident?
  • Seek medical attention promptly.
  • Contact the police and file a report.
  • Do not negotiate with the at-fault driver or the insurance company.
  • Do Not give a recorded statement to the other driver's insurance company.
  • Consult a qualified attorney who cares about you.
  • Know Your Rights
  • Take photos of the scene of the accident including:
    • Damage to your bicycle
    • Your injuries
    • Any other damage
What types of injuries does our law firm consider ‘severe’?
  • Strains, fractures, and dislocations
  • Facial and dental trauma
  • Neck and back trauma
  • Head injury
  • Long-term or permanent disability 
  • Death
What are the common causes of bicycle accidents?
  • Drivers not yielding to a cyclist
  • Drivers hitting a cyclist while making a left-hand or right-hand turn
  • Alcohol-impaired driving
  • Distracted driving
  • Drivers drifting into the bicycle lane
  • Motorist or rider error
  • Environmental hazards such as uneven pavement or potholes
  • Bicycle mechanical failure or defect
A FEW MORE IMPORTANT FACTS REGARDING BICYCLE ACCIDENT INJURIES AND OUR ATTORNEY SERVICES

  • Most bicycle fatalities are a result of a collision with a motor vehicle.
  • Head injury is the leading cause of death and/or permanent disability 
  • The number of bicycle fatalities rose 15 percent last year.

Pedestrian Accident FAQ's

What are the common causes of pedestrian accidents?

In most cases, pedestrian accidents are a result of driver inattentiveness or negligence. This is not to mean that pedestrians are always blameless but the fact is that most drivers find it challenging to operate their vehicles safely around pedestrians.

What are the ways in which drivers cause these accidents?
  • Driving under the influence
  • Making a left turn without looking for pedestrians
  • Failing to yield right-of-way at marked crosswalks
  • Distracted driving such as eating, texting or applying makeup while driving
  • Running a red light or stop sign
  • Speeding
  • Driving while fatigued or sleepy
What do I do if I have been personally injured?
  • Call the police immediately.
  • Gather names and phone numbers of any witnesses.
  • Do not make any statements to anyone, including drivers and insurers.
  • Take photos of the vehicles involved and the scene of the accident to help prove your claim.
  • Get the at-fault party's insurance information and write it down.
  • Call a qualified and experienced pedestrian accident or personal injury attorney as soon as possible.
How do I prove the other party is at fault for my injury?
  • Owed a legal duty to the plaintiff under the circumstances, and action (or through a failure to act); and
  • Caused an accident or injury involving the plaintiff; and
  • Harmed or injured the plaintiff as a result.
What are the important factors that would constitute the outcome of the case?
  • Owed a legal duty to the plaintiff under the circumstances, and action (or through a failure to act); and
  • Caused an accident or injury involving the plaintiff; and
  • Harmed or injured the plaintiff as a result.

Additional Information About Pedestrian Accidents

California has been leading in the number of pedestrian accidents in 2014 and 2015 according to LA Times. California Vehicle Code Section 21950 obliges drivers to be extra careful when approaching a pedestrian and to yield the right-of-way when within any marked or unmarked crosswalk. This, therefore, means that the driver must take every action as far as operating the vehicle is concerned to safeguard the safety of the pedestrian.  We understand that as a pedestrian involved in an accident causing a personal injury will create an abundance of questions you may have for our personal injury lawyer, Barry J. Simon.  The following are frequently asked questions regarding our personal injury attorney services and pedestrian accidents involving automobiles and injured people.

Dog Bite Injury FAQ's

Why do dogs attack in the first place?
  • Runners, bikers, and pedestrians are attacked because their movement triggers the predatory instinct of the animal. Naturally, many dogs will chase a figure that is in motion, but it is because of human negligence that they did not learn appropriate behavior, which makes the owner liable for their actions.
What types of dog bite injuries do we seek compensation for?
  • Cuts and Lacerations
  • Abrasions
  • Crushing Wounds
  • Punctures
  • Fractured Bones
What are the California Dog Bite laws?

Since California is a “statutory strict liability state,” you do not have to prove negligence or fault to file a lawsuit and recover compensation. All that must be recognized is that you were bitten in a public place or lawfully in a private place. If you were not trespassing or provoking the dog, the owner is 100% liable for the damages the dog caused.

What do I do if I have been bitten by a dog?
  • Seek medical care (even a minor bite could become infected)
  • Try to figure out who owns the dog
  • Identify the insurance coverage (this includes yours and the negligent party’s)
  • File a complaint with animal control and law enforcement
  • Preserve evidence (clothes, photos of your injuries, the attack location, etc.)
  • Find witnesses and get their contact information
  • Document your recovery (via medical reports, a personal journal, etc.)

Consult with a personal injury attorney so you are aware of all of your options and can ensure your best interests remain protected

What are the limitations for damages in California?
  • For the most part, there is no real cap on compensatory damages following a personal injury claim. This means that courts are able to award any amount they feel is appropriate and reasonable.