Rollover Car Accidents: Causes, Injuries, and Legal Options

Rollover accidents can result in devastating injuries and property damage. In California, understanding the causes, injuries, and legal options associated with these accidents is crucial for victims seeking justice. Our rollover crash attorneys at Ray Padilla Law APC explain more about these types of crashes and their impact on a personal injury claim.

 

What Causes Rollover Accidents?

  • Vehicle design and stability issues
  • Tripping hazards on the road
  • High-speed collisions and loss of control
  • Tire blowouts and faulty vehicle maintenance
  • Adverse weather conditions and hazardous road conditions

 

While most people assume that a rollover crash is caused by a collision, approximately 85% of deadly rollover crashes only involve one vehicle. According to the National Highway Traffic Safety Administration (NHTSA), approximately 95% of all rollovers occur when the vehicle slides sideways and then is ‘tripped’ by an object, such as hitting a guardrail, fence, or tree. The other 5% of rollovers occur from driving at a high-speed and maneuvering the vehicle quickly (overcorrecting) to avoid a crash.

 

There are many different components that can create a perfect storm for a rollover accident to occur. Many of which are through no fault of the driver of the vehicle. From the conditions of the roads themselves to other negligent drivers, rollover crashes can happen to even the most careful drivers.

 

Common Injuries Resulting from Rollover Accidents:

  • Traumatic brain injuries (TBI) and concussions
  • Spinal cord injuries and paralysis
  • Broken bones and fractures
  • Internal organ damage
  • Whiplash and neck injuries
  • Lacerations, bruises, and abrasions
  • Emotional trauma and post-traumatic stress disorder (PTSD)

 

Vehicles are much safer today than in the past, so rollover crash deaths have declined in recent decades. However, due to the nature of the crashes, rollover accidents still account for one third of fatalities on the highway.

 

Rollover accidents can have life-altering consequences, and victims deserve to seek justice and fair compensation for their injuries and losses. If you or a loved one has been involved in a rollover accident in California through no fault of your own, consulting an experienced car accident lawyer can help you navigate the legal process and protect your rights. Our law office is ready to help, contact Ray Padilla Law, APC today at (619) 431-1187 (San Diego) to speak with Attorney Ray Padilla directly.  Please call even if it’s simply to ask, “what should I do?”

How Does Getting Hit by a Drunk Driver Affect My Personal Injury Case?

Being involved in a car accident is a traumatic experience, but when the other driver is under the influence of alcohol or drugs, it adds an additional layer of complexity to the situation. In this blog post, we will discuss the significant impact that getting hit by a DUI driver can have on a personal injury case.

Negligence and Liability:

The fact that the driver was intoxicated can be a clear indicator of their negligence. Driving under the influence is illegal and considered a breach of the duty of care owed to other road users. This can significantly strengthen your case in proving the other driver’s liability for the accident and your resulting injuries.

Establishing Fault:

In personal injury cases, establishing fault is crucial for determining liability and seeking compensation for damages. The driver’s intoxication provides strong evidence of their fault in causing the accident.

Criminal Proceedings:

A drunk driving accident often leads to criminal charges against the intoxicated driver. These criminal proceedings can work in your favor by providing additional evidence of the driver’s negligence and their disregard for public safety. The outcome of the criminal case can also influence your personal injury case.

Insurance Coverage:

In many jurisdictions, auto insurance policies have specific provisions regarding coverage for accidents caused by drunk driving. These provisions may include higher policy limits or more importantly, coverage exclusions, or exceptions to coverage exclusions. Your attorney can review the insurance policy of the drunk driver, as well as your own insurance policy’s UM/UIM provisions to explore all potential avenues of coverage available.

Getting hit by a DUI driver is a traumatic experience that can have severe physical, emotional, and financial consequences. Remember, every case is unique, and the specific impact of the drunk driving aspect on your personal injury case will depend on various factors. Consulting with an experienced personal injury attorney who specializes in drunk driving accidents will provide you with tailored advice and guidance to maximize your chances of a successful outcome. Our law office is ready to help, let us discuss your legal options in a free consultation. Contact Ray Padilla Law, APC today at (619) 431-1187 (San Diego) to speak with Attorney Ray Padilla directly.  Please call even if it’s simply to ask, “what should I do?”

Motorcycle Crashes in California

Motorcycle accidents can be devastating, causing severe injuries and even loss of life. California, with its beautiful landscapes and favorable weather, attracts countless motorcyclists every year. Unfortunately, the state also routinely witnesses the highest number of motorcycle crashes in the country.

The Facts

Since motorcycles lack the protective features that standard four-wheel vehicles do, crashes involving a motorcyclist often result in serious and potentially life-altering injuries. According to the National Highway Traffic Safety Administration (NHTSA), motorcycles accounted for approximately 14% of all traffic-related fatalities in the United States in recent years, despite motorcycles making up only a mere 3% of all registered vehicles.

Why?

High speed, lack of visibility, and lane splitting are the common factors in motorcycle crashes. One of the significant dangers of lane splitting is the reduced visibility for both motorcyclists and other drivers. When motorcycles maneuver between lanes, they become less visible to drivers who are distracted and may not anticipate their presence. This increases the likelihood of collisions, especially when drivers make sudden lane changes without checking their blind spots, which we see all too often.

Fighting for Your Rights

Despite lane splitting being legal in California, many insurance companies and guilty drivers will attempt to blame the motorcyclist for crashes when lane splitting is at play or argue that they were speeding due to the fast nature of the bikes without merit. If you or a loved one are a victim of a motorcycle crash, you may want the help of an experienced car crash attorney to navigate the claims process.

Let us discuss your legal options in a free consultation. If you have a valid claim, we are ready to conduct an investigation and help you determine the best course of action. Our law office is ready to help, contact Ray Padilla Law, APC today at (619) 431-1187 (San Diego) to speak with Attorney Ray Padilla directly.  Please call even if it’s simply to ask, “what should I do?”

Hit and Run Accident: Essential Steps to Take for Personal Injury Claims

 

Being involved in a hit and run accident can be a traumatic experience. The shock and confusion in the aftermath of such an incident can make it difficult to know what to do next. However, taking immediate action is crucial to protect your rights. The lawyers at Ray Padilla Law outline below the essential steps to take after being involved in a hit and run accident, specifically focusing on personal injury claims.

 

Ensure Your Safety

The first and most important step is to ensure your safety and the safety of others involved. If you are able, move to a safe location away from traffic and do NOT attempt to chase/follow the vehicle that hit you. Call 911 right away. If you or anyone else requires immediate medical attention, alert the dispatcher to get medical personnel.

 

Document the Details

Despite the shock, try to gather as much information about the accident as possible. Take note of the time, date, and location of the incident. If you saw the other vehicle involved, try to remember its make, model, color, and license plate number. Any details, no matter how small, can be valuable in identifying the responsible party.

 

Report it to the Police

Immediately report the hit and run accident to the police as they arrive on scene. Provide them with a detailed account of what happened and any information you have gathered. The police report will serve as important evidence in your personal injury claim.

 

What if They Can’t Find the Person Who Hit Me?

The next thing you’ll want to do is find your own insurance information, specifically your declaration page, which states what coverage(s) you have been paying for every month.  What you will be looking for is whether you carry  Uninsured Motorist Coverage.

 

If you, the authorities, and your insurance cannot find the person that crashed into you, then you still may be able to make a claim for compensation if you carry Uninsured Motorist Coverage. This can be as low as $15,000 of coverage, or up to $1 million or more.  No, this should not affect your insurance premium and you shouldn’t hesitate to proceed this way since that is exactly why you’ve been paying your monthly premium for.

 

Call Today for a Free Consultation

If you have been involved in a hit-and-run car crash, you may want the help of an experienced car crash attorney. Let us discuss your legal options in a free consultation. If you have a valid claim, we are ready to conduct an investigation and help you determine the best course of action. Our law office is ready to help, contact Ray Padilla Law, APC today at (619) 431-1187 (San Diego) to speak with Attorney Ray Padilla directly.  Please call even if it’s simply to ask, “what should I do?”

Understanding Insurance Policy Limits

Auto insurance limits are the maximum amount of money that an insurance company will pay out in the event of an accident. These limits are set by the policyholder when they purchase their auto insurance policy.

 

In most states, auto insurance policies are required to have minimum limits for bodily injury liability and property damage liability. Bodily injury liability covers the costs of medical expenses, lost wages, and other damages that may arise from injuries sustained in an accident. Property damage liability covers the costs of repairing or replacing property that is damaged in an accident.

 

For example, in the state of California, the minimum limits for bodily injury liability are $15,000 per person and $30,000 per accident. The minimum limit for property damage liability is $5,000.

 

When an auto insurance policy states “$15,000 per person and $30,000 per accident,” it means that the insurance company will pay up to $15,000 for each person who is injured in an accident and up to $30,000 total for all injuries sustained in the accident.

 

So, if only one person is injured in the accident, the insurance company will pay up to $15,000 to cover their medical expenses, lost wages, and other damages resulting from the accident. However, if more than one person is injured in the accident, the total payout for bodily injury liability will not exceed $30,000.

 

Let’s say there is a crash with 3 injured claimants. In this scenario, let’s assume that each of the three claimants had medical bills that totaled $20,000, $25,000, and $30,000, respectively, for a total of $75,000. Since the 15/30 policy limits have been reached, the insurance company will only pay out a total of $30,000 for bodily injury per accident, which means that each claimant will receive a portion of the available funds based on their individual circumstances.

 

Assuming that the insurance company decides to pay out the claims in proportion to the amount of medical bills incurred by each claimant, the first claimant would receive $10,000, the second claimant would receive $12,500 and the third claimant would receive $15,000 (these figures are all half of their total medical bills).

 

It’s important to note that this is just one possible scenario, and the specific outcome will depend on the individual circumstances of the accident and the insurance policy in question. Additionally, it’s worth noting that if the total amount of damages exceeded the policy limits, the claimants may have under-insured motorist coverage available through their own policies, or have the option to pursue legal action to recover the remaining costs.

 

Have you or a loved one been involved in a car crash? Our law office is available and ready to help, contact Ray Padilla Law, APC today at (619) 431-1187 (San Diego) to speak with Attorney Ray Padilla directly.  Please call even if it’s simply to ask, “what should I do?”

What is Health Insurance Subrogation?

Have you been involved in a car crash that wasn’t your fault? If you sustained injuries, it is likely that you were treated at an emergency room or medical facility. Did you notice that the doctors and/or insurance wanted the at-fault party’s information? Your health insurance company may have the right to recover some or all of the medical expenses they paid on your behalf. This process is known as subrogation.

Subrogation allows your health insurance company to recover the medical expenses they paid on your behalf from any settlement or judgment you receive from a third party, such as the at-fault driver or their insurance company. This is done to prevent the insured person from receiving a windfall and being paid twice for the same expenses – once by their health insurance company and again by the third party responsible for the accident.

The process of subrogation can be complicated and is often a source of confusion for those involved in car accident cases. If you have health insurance and are involved in a car accident, it is important to understand your insurance policy and the potential for subrogation.

While it may seem frustrating that your health insurance company wants a portion of your settlement, it is important to remember that the insurer may have a legal right to recover its payments from any settlement or judgment obtained by the insured person; the terms of subrogation are usually outlined in the health insurance policy contract which you signed.

Further, the policy language may require you to notify the insurance company of any potential settlement or judgment you receive from a third party. Failure to notify the insurance company may result in a breach of your insurance policy, which could lead to the insurance company denying further coverage.

It is important to note that the amount of subrogation can vary depending on the specific circumstances of your case. In some instances, the insured person may be able to negotiate with their health insurance company to reduce the amount of subrogation or reach a compromise especially when the settlement received is a lesser amount than what the health insurance company paid out in medical benefits. It is important to consult with a qualified attorney to determine the best course of action for your specific situation.

 Our law office is available and ready to help, contact Ray Padilla Law, APC today at (619) 431-1187 (San Diego) to speak with Attorney Ray Padilla directly.  Please call even if it’s simply to ask, “what should I do?”

 

The Benefits of Hiring a San Diego Car Accident Attorney: Get the Compensation You Deserve!

Picture this: It’s a sunny day in San Diego, California, and you’re driving down the highway with the ocean breeze in your hair. Suddenly, out of nowhere, you’re involved in a car accident that leaves you with injuries, a damaged vehicle, and mounting expenses. What do you do next? You turn to the expert car accident lawyers in San Diego to fight for your rights and secure the compensation you deserve. Here are some of the benefits of hiring a car accident attorney:

  1. Knowledge and experience: A car accident attorney has the knowledge and experience necessary to handle your case effectively. They understand the legal system, know how to negotiate with insurance companies, and can provide guidance on the best course of action for your specific situation.
  2. Maximize your compensation: A car accident attorney can help you obtain the maximum compensation for your injuries, medical expenses, lost wages, and other damages. Hiring an attorney alone can increase a settlement offer by 26 times.
  3. Access to resources: A car accident attorney has access to resources that you may not have on your own, such as accident reconstruction experts, medical professionals, and investigators.
  4. Reduce stress: Dealing with a car accident can be a stressful experience. A car accident attorney can help relieve some of that stress by handling the legal aspects of your case and keeping you informed of your options.

When choosing a car accident attorney, here are some important factors to consider:

  1. Experience: Look for a local San Diego attorney who has experience handling car accident cases similar to yours, and a proven track record of success.
  2. Reputation: Check online reviews for local attorneys and ask for referrals from family and friends.
  3. Communication: Choose an attorney who is responsive and communicates well with you throughout the process. You should be able to speak with your attorney directly, not only their support staff.
  4. Fees: Find out how the attorney charges for their services, whether it is on a contingency basis (where they only get paid if you win your case) or hourly.
  5. Comfort level: You should feel comfortable working with your attorney and confident in their ability to handle your case effectively.

Getting into a car accident in San Diego, CA, can be a traumatic and overwhelming experience. By enlisting the help of a skilled car accident lawyer, you can focus on healing while they work tirelessly to secure the compensation you deserve. Our law office is available and ready to help, contact Ray Padilla Law, APC today at (619) 431-1187 (San Diego) to speak with Attorney Ray Padilla directly.  Please call even if it’s simply to ask, “what should I do?”

Injury from a Dog Bite in San Diego?

 

San Diego County receives over 2,500 reports of Dog Bites every year. Unfortunately, many of these bite victims sustain serious injuries, and occur most often to children. California has specific laws in place to protect people that have been injured by a dog. Our attorneys at Ray Padilla Law APC explain the process of reporting a dog bite and the potential injury claim.

 

What Do I Do?

If you or a loved one have suffered from a dog attack in San Diego, immediately seek medical attention if you are injured, then call San Diego Animal Services at (619) 236-2341 to report the incident.

When you report the incident, provide as much information as possible, including owner and dog information, any witnesses, video footage, and a detailed location. Ensure that you take down the unique report number that they create for the incident and obtain any medical records from treatment.

 

California Law

Under California law, dog owners are strictly liable for damages if their dog bites someone in public, or lawfully in a private place, per Civil Code 3342. This means that the injured party does not need to prove negligence of the dog owner, the owner automatically assumes liability for the dog by law.

 

Dog Bite Injury Claim

Dog bite victims that have sustained injuries may be entitled to compensation. This could include economic damages for past and future medical costs as well as compensation for pain and suffering. Compensation in dog bite claims typically comes from the insurance company of the dog owner, such as a homeowner’s or renter’s policy, though there may be other avenues as well.

 

Are you a victim of a dog bite? Let us discuss your legal options in a free consultation. If you have a valid claim, we are ready to conduct an investigation and help you determine the best course of action. Our law office is ready to help, contact Ray Padilla Law, APC today at (619) 431-1187 (San Diego) to speak with Attorney Ray Padilla directly.  Please call even if it’s simply to ask, “what should I do?”

Car Damage Caused by Potholes?

California has experienced record-breaking rainfall in the new year, which has left San Diego roads damaged and riddled with dangerous potholes. In just the past 9 days, the city has received more than 1,100 reports of potholes. Although all drivers strive to stay diligent on the road, while driving in the dark or heavy traffic conditions, potholes are hard to see, and running over them can often be inevitable.

Report San Diego potholes here!

What About My Car?

If your car was damaged a result of the pothole, your own auto insurance can be the best and quickest option to ensure your vehicle can be fixed and back on the road as quickly as possible, assuming you carry the necessary coverage. Pothole damage may be covered under comprehensive and/or collision coverage under your insurance.  It is important to note that a deductible may apply and depending on the damage and cost to repair the damage, so going through your insurance and paying a deductible may not be appropriate depending on the amount of your deductible.

If you don’t carry the proper coverage, unfortunately you will have to front the costs of damages and have the option to then make a claim against the city for reimbursement (if the pothole was on City of San Diego property). Claims against the city for property damage must be filed within 6 months from the date of the incident and completed in accordance with California Government Code sections 900-915.4. However, filing a claim does not automatically mean reimbursement.

A few years ago, a decades long study revealed that an average of 1 out of 4 pothole claims are denied by the City, and those that are, typically do not receive full reimbursement. This is why carrying the proper insurance coverages is extremely important, even if vehicle damages are not your fault, you may get stuck with the bill.

Click here to learn more about what your California insurance coverages mean and their importance.

 

If you or someone you know has been injured in a crash we are ready to help. Contact Ray Padilla Law, APC today at (619) 431-1187 (San Diego) to speak with Attorney Ray Padilla directly.  Please call even if it’s simply to ask, “what should I do?”

The information contained on this page is for informational purposes only and is not to be considered a substitute for advice from a qualified attorney. If you require legal assistance, we highly recommend you speak to a qualified attorney.

Car Accident Lawyer

Be Extra Cautious During Holidays!

While alcohol-impaired driving is always a major concern in motor vehicle crashes, there are certain times of the year when the problem is more prevalent: during the holidays.

 

According to the National Highway Traffic Safety Administration, Fatal crash data spanning over 30 years have revealed consistently that Thanksgiving week, and the time period between Christmas to New Year’s Day see that largest amount of motor vehicle crash fatalities. Thus, making the holiday season a reason to be extra alert and vigilant while on the road. 

 

As many people travel to see and spend time with their loved ones, more bodies and vehicles are on the road than usual. During this time, many holiday festivities also include and celebrate with the consumption of alcohol. Unfortunately, these all too often go hand in hand, and many of the fatal crashes seen are related to driving under alcohol intoxication.

 

The NHTSA data reveals that “about 40 percent of all fatalities during the Christmas and New Year holiday periods have occurred in crashes where at least one of the involved drivers was alcohol-impaired as compared to about 28 percent of all fatalities during the rest of December.” With more people consuming alcohol, there inevitably are more drivers that have consumed alcohol as well. 

 

Our lawyers at Ray Padilla Law APC wish you and your loved ones a very happy and more importantly safe holiday season. 

 

Have questions about a car crash that occurred over the holidays? Our law office is available and ready to help, contact Ray Padilla Law, APC today at (619) 431-1187 (San Diego) to speak with Attorney Ray Padilla directly.  Please call even if it’s simply to ask, “what should I do?”