WITNESSES AND CAR CRASH CLAIMS

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After being involved in a car crash, your safety and that of the other people involved in the crash is most important.  Once it is clear that no one is in immediate danger, the next thing on your mind should be to gather information that will help establish what really happened. Although this may sound simple, it often is much more complicated than it seems as people’s memories fade, those at fault change their stories, and insurance companies blur the facts. Our attorneys at Ray Padilla Law, APC explain the importance of witnesses and their statements for car crash claims.

 

Why are Witnesses Important?

 

Witness statements are always beneficial if the witness saw first-hand how the crash occurred or heard statements from the person who caused the crash. Witnesses who saw your car crash can provide valuable insight into what happened. Statements from witnesses could align with the victim’s recall of the incident and help prove that the other driver was at fault for the crash, helping support a claim for compensation. Whether it is in the initial stage of investigating liability at the start of a claim, to being deposed in litigation, or even being called as an eyewitness in trial; a witness may be a huge asset to a victim of a car crash case.

 

That being said, witness statements are even more valuable in crashes where no police arrive on the scene to make a crash report. Typically, after car accidents that result in injuries, a police officer will come to the scene and take statements from all parties and any witnesses to make a traffic collision report. In the traffic collision report, the responding police department will determine the cause of the crash/liability and while these reports are not definitive as to fault, they do carry some weight.

 

In cases where no police report is made, the insurance companies will immediately ask for any witnesses to the crash to verify the story as to how the incident happened to help them determine liability. In crashes where there is both no police report or witness to distinguish who was at fault, the insurance companies default to taking each party’s statement and deciding solely from one word against another.  Spoiler alert, they will usually take the side of their insured who may or may not change their story from what actually happened or what they admitted at the scene of the crash. It is important to note that even in cases where the other driver admits fault at the scene, this does not mean that their insurance company will just roll over and accept fault. All too often we see at-fault parties say one thing to the victims they crash into, then turn around and give an entirely different story to their insurance company.

 

This leads to an unfortunate case because Auto insurance companies have a duty to defend the people that they insure against accusations of blame for car accidents. While this is understandable, and your own auto insurance would do the same for you, at the end of the day, these insurance companies do not make a profit by paying settlements to injured victims and will avoid it at all costs. Unless there is an outside witness to back up the true side of the story, many insurance companies will not admit that their insured is liable, halting the progression of a car crash claim, or denying it all together.  It is important to note that generally, people are honest and want to take responsibility for the harm they caused and are honest with their own insurance company.  Their insurance company however, will then still try and find a way out of being held responsible.  Most often it is not the at-fault driver who blurs the facts or changes their story, it is their insurance company.

 

What About a Rear End Crash?

 

Surprisingly, liability disputes happen a lot in rear-end cases, a crash in which liability is seemingly crystal clear. To avoid liability, at-fault drivers use the tactic of fabricating a claim that the victims that they crash into dangerously cut them off.

 

Situations like these are why it is extremely important to flag down any witnesses following a crash. Having a witness as a backup to provide a statement regarding what happened in a crash can entirely change the viability and outcome of a case.

 

What if there are No Witnesses?

 

Even when there are no other human witnesses to a crash, there often are nearby cameras that can serve the same purpose. Nowadays, most businesses, homes, and even cars have security cameras that are constantly rolling. There are many locations on both public and private roads, parking lots, and areas where camera footage may have captured the car crash that you were involved in.

 

In these scenarios, time is of the essence. Most cameras only hold video storage between two days to a week before it is deleted entirely. It is important to go back and inspect the scene as soon as you are safely able to, to inspect if there were any cameras that could have captured the crash. If you identify a camera, then notify your attorney immediately so that they can work to obtain the footage.

 

When do I Get a Witness Statement?

 

While it is best practice to get witness statements as soon as possible after a crash occurs, we understand that this is not always possible. Getting clear statements at a crash scene can be difficult, especially if you or those in your vehicle were injured, as your number one priority is, and should be, to seek medical attention.

 

In most crashes, bystanders who witness them are typically forthcoming and will offer their help at the scene. However, if this is not the case, it is important to flag down any pedestrians or other drivers that may have witnessed the crash if possible. To ensure that there is a witness available for a statement if needed later, is as easy as taking down a name and phone number at the scene to give to your attorney. If you hire a personal injury attorney, they will handle all witness contacts and get their statement for you. Let us discuss your legal options in a free consultation. If you have a valid claim, we are ready to conduct an investigation and speak with any eyewitnesses.

 

Please feel free to explore the many other articles on this website to learn more.

 

If you or a loved one has been injured in a car accident, hiring an attorney should be a strong consideration even if you have a pre-existing injury.  Our law office is ready to help, so feel free to contact Ray Padilla Law, APC 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 Accident Near Me

Do Pre-Existing Conditions Impact Personal Injury Claims?

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When it comes to personal injury and car crash claims, there exists an assumption that all car crash injuries occur to victims that are in perfect condition before the crash. However, many of us know that this often is not reality. Over 27% of the United States’ population suffers from a pre-existing condition. There is a longstanding myth that pre-existing conditions can bar people from making much needed personal injury claims, however, this is not necessarily the case.

 

This myth comes from the understanding that a victim in a personal injury case is not entitled to receive payment for injuries and pre-existing conditions that are unaffected by an accident. While this is true, what often remains unknown is that these victims are entitled to receive compensation for pre-existing conditions to the degree that the accident has worsened or aggravated them. This means that any new injuries as well as exacerbated prior conditions can be subject to compensation.

 

It should be noted that the insurance companies and their lawyers will without a doubt attempt to argue the injury and pain is all preexisting and the crash did not aggravate that injury in the slightest.  They’ll insinuate and sometimes go as far as outright stating that the injured person is simply trying to blame the crash for an injury that already existed just to get compensation.  This is why it is important to seek advice from a car accident lawyer.

 

The Eggshell Doctrine

 

Many pre-existing conditions make a person more susceptible to injury that an otherwise average person would not be. Let’s look at why this doesn’t matter according to the Eggshell Doctrine:

 

Let us imagine that a negligent person injures another person, however the victim of this injury has an eggshell thin skull. The victim’s condition makes them much more susceptible to injury, causing them to suffer more damage than the average person. Under the Eggshell Plaintiff doctrine, the negligent person is liable for all the damages afflicted on a victim as-is, even if they are unaware that a victim is particularly fragile.  Remember that the injured party did nothing wrong and shouldn’t be punished for having a pre-existing injury or because the person was born with a certain condition.

 

The Eggshell Skull Doctrine stems from California Law, which has been defined by these cases:

 

“That a plaintiff without such a [preexisting] condition would probably have suffered less injury, or no injury does not exonerate a defendant from liability.” Ng v. Hudson (1977) 75 Cal.App.3d 250, 255 [142 Cal. Rptr. 69]

 

“The tortfeasor takes the person he injures as he finds him. If, by reason of some preexisting condition, his victim is more susceptible to injury, the tortfeasor is not thereby exonerated from liability.” Rideau v. Los Angeles Transit Lines (1954) 124 Cal.App.2d 466, 471 [268 P.2d 772]

 

It is important to understand that even with the Eggshell Plaintiff Doctrine, it will only apply when there are further damages beyond the scope of the pre-existing condition itself.  Please feel free to explore the many other articles on this website to learn more.  Next week, in a follow-up to this article, we will be sharing some do’s and don’ts if you’ve been injured and have a pre-existing injury.

 

If you or a loved one has been injured in a car accident,  hiring an attorney should be a strong consideration even if you have a pre-existing injury.  Our law office is ready to help so feel free to contact Ray Padilla Law, APC at (619) 431-1187 (San Diego) to speak with Attorney Ray Padilla directly.  Please call even if its simply to ask, “what should I do?”

San Diego Car Accident Lawyer

California Pushes for Safety Over Speed with Car Accidents on the Rise

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As we are emerging out of the COVID-19 pandemic, returning to in-person classrooms,

offices, and social gatherings, the roads are the busiest they have been in years, causing major concern for drivers everywhere. This concern erupted following the National Safety Council’s report of a large increase in car accidents and roadway deaths during the pandemic, a time in which the roads were virtually empty.

Safety concerns echo from communities and politicians alike across the nation, with a 24% spike in roadway death rates, which are highest the country has faced in 96 years.. “It is tragic that in the U.S., we took cars off the roads and didn’t reap any safety benefits,” said Lorraine M. Martin, president and CEO of the National Safety Council. “These data expose our lack of an effective roadway safety culture. It is past time to address roadway safety holistically and effectively.”

Researching the cause behind the major spike in roadway crashes and deaths, it was found that the emptier roads allowed drivers to increase speed without realizing, resulting in more high-speed crashes that inherently cause more damage and injury. The issue at hand is that as the roads have grown busier post-pandemic, the speed at which people are driving has not decreased with it, causing accident and injury rates to skyrocket.

What is Being Done?

Now we know why this breach in safety is happening, but what is being done to fix it? The answer is unfortunately, nothing yet due to California’s federal standard of speed evaluation currently in place. However, there are pushes for reform and hope for a safer California, as Assemblywoman Laura Friedman exclaimed, “If we had 42,000 people dying every year in plane crashes, we would do a lot more about it, and yet we seem to have accepted this as collateral damage.” Assemblywoman Friedman is working with government officials in California to draft and approve a new policy which would allow for Civil Engineers and Risk Management Scientists to reevaluate all speed limits, with safety as a first priority.

The current policy in place is the “85th percentile” method that California uses. It is a decades-old federal standard where every 10 years, state engineers survey a stretch of road to see how fast people are driving. Then they base the speed limit on the 85th percentile of that speed, or how fast 85% of drivers are going. Since the majority of people drive above the speed limit, the speed limits are continually growing higher, which is a major cause of concern as we see accidents on the rise. The main issue that Friedman holds, is that following the suggested speed limits this method creates, is no longer safe.

How can I Help?

As government officials work behind the scenes on policy reform, it is increasingly important to practice not only safe-driving tactics while on the road, but also driving defensively in high-speed scenarios. As obvious as it sounds, defensive driving decreases the chance of being in a situation where a high-speed accident would happen, as well as mitigating as much damages as possible. The three “Cs” of defensive driving include: Concentration, Control, and Courtesy. Concentration means keeping your eyes on the road and not driving if you’re drowsy or distracted. Control means maintaining your own safety in your vehicle. This includes your speed, staying in your lane, and obeying traffic laws. Last is Courtesy, which many forget and is the number one cause accidents. Courtesy is always allowing safe distances between you and any vehicles on the road. This helps reduce the damages of crashes that do happen, involving the least number of cars as possible. To learn more, there is a free defensive driving course available at https://ddt.dgs.ca.gov/presentation_html5.html.

 

Ray Padilla Law - Car Accident Lawyers

Meet Your Attorney, Ray Padilla

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We have always taken pride in representing good and deserving people.  Not one of our clients ever wished to be in the position necessitating hiring a lawyer because they were injured in a car crash.  Especially, when that injury happened because another person was being negligent and not following the rules.  We had an opportunity to connect with the good people at shoutoutla.com, below is a portion of that conversation the entirety of which can be found at https://shoutoutla.com/meet-ray-padilla-attorney-to-good-and-deserving-people/

Ray Padilla Law - Car Accident Lawyers

Alright, so for those in our community who might not be familiar with your business, can you tell us more?
We are a personal injury law firm that represent people injured through no fault of their own. I am most proud of representing good and deserving human beings. We try and limit the amount of clients that we represent so that we can provide the best representation possible to those people that entrust their case to us.

Getting the firm to the point where it is now was difficult. There were a lot of sleepless nights, a lot of unknowns and many battles trying to build a reputation of quality work and relentless representation of our clients. What did come easy from the start was relating to our clients and speaking to them with sincerity (both good and bad) and understanding. I believe that our clients really understand that we are a team and we are routinely honored when old clients refer their family and friends to us. Caring for and truly helping people made our success come easier and faster.

Ultimately, we want people to know that our firm is here to help deserving people. We don’t have tv commercials, we don’t have billboards or radio ads promising the world just to have clients call us. We have good people working to help good people.

If you or a loved one has been injured in a car accident, hiring an attorney should be a strong consideration. Our law office is ready to help so feel free to contact Ray Padilla Law, APC at (619) 431-1187 (San Diego) to speak with Attorney Ray Padilla directly.

Giving Back to Our Community

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Helping Our Community

Recently we were fortunate enough to be able to be a part in a food give away in National City, CA.  Our friends at the Ministry of Jerusalem Corp., Inc. were kind enough to allow us to take part in their WEEKLY food drive.  We were humbled by the love and dedication of their volunteers, and their welcoming arms in allowing us to join in and help.  Miles upon miles of cars lined the neighborhood filled with people seeking assistance with food and the volunteers, hour after hour, and weekend after weekend, responded and continue to respond.

Ray Padilla, Esq. teamed up with The Katella Grill to add to the food give away and provide prepared meals for those in need.  The Katella Grill’s owner, Mike Learakos, had his team of cooks prepare 500 meals in advance and drove them down from Orange County to San Diego himself.

We could not be more thankful to all the wonderful volunteers at the Ministry of Jerusalem, Mike Learakos, and The Katella Grill staff.  Thank you also to our clients and community for trusting in us and giving us the ability to be able to give back.

More Food is ALWAYS Needed

There is still a great need in our community. If you know of anyone, please direct them to the Ministry of Jerusalem Website. If you would like to donate your time, food, or resources, please reach out to the Ministry of Jerusalem by clicking on the link above.

We truly believe that in order to properly represent people injured in car accidents, we have to care about them personally.

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Our way of really caring for our clients and their families really shape our cases and their outcomes. We are humbled by the kind words that our clients have for us.

Here’s what some clients have to say in their own words:

K. Zepeda – Omg first of all i want to thank ray for everything! Ray was Excellent, me and my husband at first were like dang this case is going to be long but No! ray did everything he could and within a month we settled our case!! Me and my husband were like wow he’s awesome. Ray always called to let us know everything and explained everything in detail so we were in the know…. we’ve had other Attorneys for other cases where we’ve Constantly had to be calling and calling sometime we wouldn’t get an call back, we wouldn’t know what was going on, we had no answers at all with previous Attorneys but ray really wowed us!! I would/already have recommended ray!!! You’ll be happy and u wont regret it!!

L. Maldonado – I was referred to Ray as one of the best attorneys in San Diego County and I definitely wasn’t misinformed!! I didn’t think I had such a strong case, but Ray took a chance on me and my mom on a minor car accident and he fought for us to get way more than we had ever imagined! I highly recommend him. He’s very nice and easy to talk to.. we can’t thank him enough!!

E. Garcia – (Translated by Google) First of all, thanks lawyer Ray Padilla for your help !!! 100% recommended, excellent lawyer, in my case he inspired me confidence and explained in detail all my doubts, he was always on the lookout for everything and kept me informed of all the details, I am happy with his work and with the results I obtained ,Thanks a lot!! (Original) Primero que nada,gracias abogado ray padilla por su ayuda!!! 100% recomendado,exelente abogado,en mi caso el me inspiro confianza y me explico a detalle todas mis dudas,el estubo siempre al pendiente de todo y me mantubo informado de todos los detalles,estoy contento con su trabajo y con los resultados que obtubo,muchas gracias!!

If you or a loved one has been injured in a car accident, hiring an attorney should be a strong consideration. Our law office is ready to help so feel free to contact Ray Padilla Law, APC at (619) 431-1187 (San Diego) to speak with Attorney Ray Padilla directly.

Is it Worth Hiring an Attorney? Insurance Offer Increases by 26 Times After Client Hires Attorney

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Is it worth hiring an attorney after a car accident

In almost every single situation following a car accident, it is worth hiring an attorney to help you.   Hiring a car accident attorney is important for many reasons.  Being treated fairly and with respect are immensely important.  Attaining justice is the biggest reason why hiring a car crash lawyer is a good idea.  Of course, nothing is ever guaranteed; however, below is a true example of the difference a personal injury law firm can make.

Client deals with insurance company alone before hiring an attorney

When is it a good idea to hire a car accident attorney?  Before hiring Ray Padilla Law, APC, a very nice and hard working lady who we will call Ms. Smith, dealt with the insurance of the person who rear-ended her by herself.  Before Ms. Smith could even seek medical treatment to begin to understand what the nature of her injuries were, she was receiving nonstop calls and offers to settle her case from the insurance adjuster.

Mrs. Smith explained to us that she was receiving four and sometimes five calls a day from the adjuster offering her $250 to settle her case.  The insurance adjuster then began sending her email after email with a settlement release attached to it followed up by calls to continue their efforts to try and get her to agree.

Ms. Smith’s injuries continued to bother her and got worse so she sought medical treatment.  Ms. Smith then told the insurance company that she didn’t feel comfortable settling her case for $250 given that she didn’t know how bad her injuries would turn out to be and how it would affect her ability to work.  The calls and emails didn’t stop.  Ms. Smith then decided to hire an auto accident attorney.

Client hires car accident attorney who begins to deal with insurance company

As soon as our personal injury law firm was hired, we sent a letter instructing the insurance company to no longer communicate with Ms. Smith and to instead direct all communication to our car accident lawyers.  We understand that the most important thing is our client’s health and recovery.  This is best achieved by not having to constantly deal with the unwanted and unfair tactics that insurance companies resort to after car accidents.

Ms. Smith was then able to seek the proper medical care and together we were able to determine what she had lost as a result of being rear-ended.  Fortunately for Ms. Smith, her injuries were not too severe and she was able to recover promptly.  At this point, our office was able to begin to negotiate a settlement that would compensate her for her injuries, medical bills, time lost from work and of course the pain and discomfort.

Hiring an attorney resulted in the insurance company offering to settle her claim for an amount 26 times higher than what they initially tried to get Ms. Smith to settle for.

Hiring an attorney after a car accident is important

The reality is that there are no guarantees in law and not every case turns out this way.  This won’t be the highest settlement that you’ll hear about all year, all month and likely not even today.  But, to Ms. Smith and to us, it was just as important as any of the bigger results because justice was achieved.

If you or a loved one has been injured in a car accident,  hiring an attorney should be a strong consideration.  Our law office is ready to help so feel free to contact Ray Padilla Law, APC at (619) 431-1187 (San Diego) or (310)893-5573 (Torrance/Los Angeles) to speak with Attorney Ray Padilla directly.  Please call even if its simply to ask, “should I get an attorney after a car accident?”

Uber accident? First Steps to Take if You Are Injured

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First Steps to take if You’re in an Uber Accident

The most important consideration in any Uber accident or Lyft accident should always be your safety and that of the other people involved.  If emergency assistance is necessary, be sure to call 911 right away.  Below are answers to the most common questions people have, things to do and keep in mind and general information.

Will I be stuck with the medical bills After an Uber Accident?

As mentioned above, your health should be your first consideration.  If you think you need medical care, then get it.  We often get clients who refuse medical treatment because they either don’t have health insurance and/or feel like they will be stuck with the costs.  The likelihood of that happening when you’re riding in an Uber or Lyft that you hired is very unlikely.  Uber and Lyft provide millions of dollars worth of coverage for accidents which include payment of medical bills.

That being said, nothing is automatic and Uber and Lyft will put up a huge fight in order to try and pay an injured rider $0 out of that coverage or as little as possible.  That is why it is important to reach out to an accident lawyer that handles Uber and Lyft cases.  Getting medical treatment soon after the accident will help tremendously in proving that your injuries came as a result of the accident which in turn will be helpful and getting you compensation for your injuries.

What information should I gather after an Uber Accident?

Get as much information as you can including name, address, contact information, plate number and insurance information both the Uber or Lyft that you were on and that of any other vehicle involved in the accident.

Take photos of the damage to the vehicles, skid marks on the road (or lack thereof), and anything else that may look suspicious or related to the crash.

Look for witnesses who may have seen the car accident and get their contact information and a short version of what they saw.

If you are in an Uber Accident Do NOT contact any of the insurance companies before speaking to an attorney?

No matter whose insurance you call, it is very likely that all the information they collect will be geared towards gathering ammunition that they will later use against you to try and not pay for your injuries should you try and go after them.

After an Uber Accident Ask for Help.

Just about every single car accident attorney will give you a free consultation/case evaluation.  Make the call and ask questions.  Uber and Lyft are not in the business of writing checks and neither are the insurance companies that cover them.  Their agents, adjusters and lawyers will do the best they can to not give you a cent for your injuries, so protect your rights and find someone who can help you fight for justice.

If you need help or have questions with regard to your recent Uber or Lyft accident,  the attorneys at Ray Padilla Law, APC will be happy to discuss your potential case with you for free. Call (619) 431-1187.

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. By reading this post, you agree this information is for informational use only and agree to hold Ray Padilla Law, APC harmless for any losses or damages as a result of this information.

Ray Padilla Law, APC awarded ARAG’s 2018 Elite Service Award

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We are always happy to help our clients with such important legal matters and their kind words drive us to keep improving.  The following is just one client review that helped us receive such a tremendous award.

“Mr. Padilla LISTENED!!! I am working on a family trust for my Disabled son before I retire. Mr. Padilla was comforting, reassuring and EXTREMELY helpful in guiding me thru the best choices I could make for my son. He was UNDERSTANDING and provided me with experience of others in my situation. He actually made me feel VERY CONFIDANT in my decisions and stated numerous times, that my son would be very well taken care of with the Trust I am leaving him. I was so IMPRESSED with him and his demeanor, that I have already referred 4 people to him. I know that 3 have contacted him already.” – Tamar G.

Attorney Ray Padilla Again Recognized as Rising Star for 2019

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San Diego car accident attorney Ray Padilla has been selected for the second year in a row for inclusion in the list of 2019 San Diego Rising Stars by Super Lawyers®.  

Super Lawyer’s Rising Stars recognizes the best up-and-coming attorneys in the state and qualifying lawyers must be 40-years-old or younger. Attorneys are selected for inclusion by being nominated by their peers and evaluated by a research team. Nominated lawyers are evaluated and ranked by point totals, with only those with the high total points selected for inclusion, an honor reserved for those lawyers who exhibit excellence in practice. Only 2.5% of attorneys in San Diego receive this distinction.

Should you or a loved one be injured in a car accident or as a result of someone else’s negligence, feel free to contact Ray Padilla Law, APC at (619) 431-1187 to speak with Attorney Padilla directly.