Modesto Injury Lawyer Blog

According to NBC affiliate station KCRA, a fatal crash in Winters, CA killed a motorcyclist and ten other people on Tuesday night, August 3, 2010. The chain-reaction crash occurred just after 10pm last night on I-505 south of Putah Creek Road. The California Highway Patrol stated that both drugs and alcohol played a role in the crash.

The crash began when one car unexpectedly spun out of control and hit a guardrail, said the CHP. The driver was suspected of DUI. From there, two other vehicles hit the first car and then a motorcyclist hit a freeway divider while trying to avoid the accident. He died at the scene, according to the CHP. Several other people who suffered injuries were treated and released from local hospitals.

Drunk Drivers Must Be Held Responsible
All too often, drugs and alcohol play a role in terrible accidents like this one. When someone uses alcohol or an illegal substance and then operates a vehicle, they can be punished under the law for injuries caused as a result of their behavior. They will likely face criminal charges, but they can also be sued for injuries caused or for wrongful death.

A Modesto auto accident attorney can help explain your options if you've been in an accident that involved drugs and/or alcohol. You may be able to receive compensation for lost wages, pain and suffering, medical bills and more. If someone you love has been killed, you may be entitled to settlement for their death.

According to the Mayo Clinic, tinnitus (pronounced TIN-i-tus) is defined as noise or ringing in the ears. This condition affects about one in five people. Particularly after car accidents, tinnitus is a common problem that can be caused in a number of ways. The sheer decibel level of a car accident can be enough to cause temporary or permanent tinnitus. Airbag deployment can also cause tinnitus. As a matter of fact, the explosion of an airbag creates sound pressure equal to 170 decibels--more than an airplane jet engine or a shotgun blast at close range.

Recent studies suggest that more than 15 percent of car accident victims suffer some type of permanent hearing loss after airbag deployment.

The intense level of sound pressure caused by an auto accident is enough to cause immediate and even permanent hearing loss. "Acoustic trauma" can rupture the eardrums, causing other related problems such as severe loss of equilibrium (including dizziness and unsteadiness) and tinnitus (this can exhibit as persistent ringing, buzzing, roaring or pulsating sounds in the ears). Some people with serious trauma may even experience severe ear pain and bleeding from the ear canals.

If you've been in a car accident and suffered from tinnitus or any type of hearing loss or ear injury, you must contact a Modesto personal injury lawyer right away. This type of injury can cause you to suffer from ear ringing for years to come, and only a professional attorney can help you obtain fair compensation for your injuries.

As the Memorial Day Weekend approaches, it is vital that drivers and passengers in Modesto wear their seat belts every time they get in a vehicle. Typically, holidays are times when law enforcement steps up seat belt vigilance with "Click It or Ticket" programs that target drivers who aren't buckled up. This is because the holidays are times when the numbers of drunk and distracted drivers increases to year-high levels.

According to AAA, more than 32.1 million Americans will travel over Memorial Day weekend this year. This number is up 5.4% from 2009. With busy roadways and possibly messy weather conditions in parts of the country, seat belt safety should be a top priority. And it's not enough to simply rely on air bags, says the National Highway Transportation Safety Administration. According to the NHTSA, "If you don't wear your seat belt, you could be thrown into a rapidly opening frontal air bag; a movement of such force could injure or even kill you." Passengers in the back seat are similarly in danger from side-impact air bags as well. Seat belts saved over 13,000 lives in the U.S. in 2008 alone, cites the NHTSA.

Memorial Day is also a time when many people take buses and trains to destinations throughout the country. Boats, motorcycles and ATVs are also popular recreational vehicles used around Memorial Day and through the summer months. While all of these forms of transportation can be safe, there are inevitably going to be accidents. It pays to safeguard yourself and your family by buckling up whenever and however you travel.

If you or someone you love is hurt in an accident, you must talk to a qualified Modesto personal injury attorney right away. An attorney can listen to your case and evaluate whether or not you may be able to collect damages for your injuries. Holidays are great times of the year, but it's always important to keep safety in mind at all times.

With the rise in accidents due to distracted driving across the United States, insurance companies are now asking some customers to submit their phone records to determine if they were using a cell phone at the time of an accident. These records are then being used to determine fault. As a result, customers may see a rise in rates, denial or underpayment of claims and even policy revocation.

Although insurance companies cannot legally obtain your phone records without a court order, there have been reports of customers being asked to divulge their phone records voluntarily. The insurance companies tell the customers that they will be able to subpoena them in court anyway (true) so they should just hand them over (not true). Unless you are directed by a court or the police to hand over your cell phone records, you have no legal obligation to do so.

Why Are Insurance Companies Doing This?
Although there is no nationwide policy against cell phone use while driving, many states have adopted laws that make talking or texting (or both) illegal while operating a vehicle. In 2008 alone, nearly 6,000 people died in crashes that involved a distracted driver, according the National Highway Transportation Safety Administration (NHTSA). Further, the NHTSA reports that cell phone use while driving decreases brain activity by 37 percent, increasing your risk of an accident. For all of these reasons and more, insurance companies are very interested in cell phone usage at the time of an accident.

If a distracted driver has injured you in an accident or your insurance company is trying to deny your claim because of cell phone use, you must contact a dependable attorney in Modesto today. These companies have huge legal teams working on their behalf and you should have someone on your side working just as hard.

In Part One of this entry, we discussed how recent research has linked psychological trauma after major events (i.e. car accidents) to PTSD, or Post Traumatic Stress Disorder. Commonly associated with military personnel who have experienced war or other violent situations, PTSD is also being found in many domestic cases involving tragic accidents. PTSD is increasingly present in victims of workplace accidents, motorcycle and truck accidents and accidental fires or explosions.

The ramifications of a traumatic event are different for every person who has suffered due to an unexpected tragedy. Prolonged and severe depression and social anxiety are two of the most common psychological effects, but there are others, depending on the situation and what took place. Many people simply want to avoid situations that put them at risk in the first place. Some victims develop agoraphobia (fear of going outside), while others develop severe aversions to animals (after they've been attacked by a dog or other creature) or to highway driving (after a violent crash).

Not every person who has been traumatized will develop PTSD (minor or full-blown). And not every person who develops some level of PTSD will experience it right away. Symptoms can present themselves as soon as a few days after the incident or as far away as years afterward, but symptoms must last more than 30 days in order to be considered PTSD.

Getting Help
More and more, personal injury and worker's compensation claims settle for damages that cover psychological injures as well as physical. If you or someone you love is being plagued with constant recurring thoughts of a tragedy, you need a lawyer to help you fight for your rights. A lawyer can help you recover damages for your injuries and to cover the costs of the psychological help that can lead you on a road to recovery.

Modesto residents who have been through traumatic experiences such as car crashes, fires, explosions and animal attacks understand all too well the psychological ramifications of these experiences. Particularly for violent car accidents, the memories can stay with drivers and passengers for days, weeks, even years after the event. New research in the area suggests that the symptoms of psychological trauma might actually be Post-Traumatic Stress Disorder, or PTSD.

A new book entitled "After The Crash: Assessment and Treatment of Motor Vehicle Accident Survivors" chronicles the aftermath of vehicle collisions and the emotional effects on their victims. In the book, authors and psychologists Edward B. Blanchard, Ph.D. and Edward J. Hickling, Psy.D. studied survivors of accidents in which serious bodily injury or death occurred. The research shows that between 10 and 45 percent of those injured later suffered from PTSD. Further, the PTSD symptoms (depression, high anxiety, not being able to enjoy normal activities that were once enjoyable, having trouble maintaining friendships and relationships, etc.) would often interfere with their daily functioning.

Car accidents are the most common sources of trauma for American men, and the second leading source for American women. After five years of research of 158 accident survivors, the authors found that 39.2 percent developed PTSD initially after the accident or within a year of the event.

Research also suggests that most people don't take enough personal time to recuperate emotionally after an accident. If you've been injured in an auto accident, you've got enough to worry about. Let a personal injury lawyer fight the insurance companies so you can focus on healing.

If you've had an auto accident in Modesto, you know how scary this situation can be. At the moment it happens, you just want to make sure everyone is safe and that you're clear of oncoming traffic. But the things you do in the few minutes after an accident can help you immensely if legal action is necessary down the line.

After you've exchanged information with the other driver, make sure to use your phone or digital camera to take pictures of the accident scene, both vehicles and the license plate of the other vehicle. That way, if you've been given false or incomplete information, you can have the police track the other driver down. Also, be sure to get a thorough medical examination to make sure you didn't sustain any injuries. Most people are in shock right after an accident and say that they "feel fine," only to experience pain, bruising and/or stiffness the next day.

When to Call a Lawyer
You should contact a lawyer right away; the same day if possible. This gives the lawyer time to investigate the accident scene if need be and to collect fresh evidence and witness testimonials. Most auto accident lawyers work on a contingent fee basis, which means that they don't get paid until you recover damages, so what have you got to lose? Asking a lawyer for a professional opinion on your case is a way to put your mind at ease after a traumatic accident.

You and your lawyer will decide whether or not to pursue legal action based on the merits of the accident. If you are 100% at fault, there may not be much legal recourse. However, if the other driver's insurance company is offering you a less-than-fair settlement, refusing to settle or not answering your calls, a lawyer can help you recover damages faster.

California is one of seven U.S. states that currently ban hand-held cell phone use and texting while driving. Only hands-free devices are allowed, but talking while not holding a phone still doesn't prevent accidents, according to
Distraction.gov, the U.S. Department of Transportation's website dedicated to educating the public on distracted driving. The site equates using a cell phone while driving (no matter if it's hand-held or hands-free) to the delay in a driver's reaction time with a blood alcohol concentration at the legal limit of .08 percent.

Distracted driving is responsible for nearly 6,000 fatalities in 2008 and 500,000 more injuries in the United States alone. Cell phone use is a major culprit, but grooming, navigating with maps or GPS systems, eating, drinking, talking to passengers and tuning radio stations are also examples of common driving distractions. Here are some ways you can eliminate distractions while driving:

- Turn off your cell phone and put it out of reach, like in a purse in the backseat, so you're not tempted to use it while driving.
- If you don't want to turn your phone off, set it to "silent" mode so you're not tempted to answer it.
- Ask passengers not to use their cell phones while you drive.
- If you must make a call or use your GPS system, pull over and do so safely once you're at a complete stop and out of traffic.
- Drive defensively. Pay attention to drivers who are on their cell phones or distracted in any other way so that you can prevent an accident when they're not paying attention.
- Plan out your route clearly before you start the car so you don't have to consult maps or GPS while operating your vehicle, even at a stoplight.

If you've been injured by someone who was distracted while driving, you need to know your rights. A Modesto personal injury attorney can recreate the accident scene with experts and witnesses to recover damages for you.

Modesto drivers have to share the road with semi trucks, tractor-trailers, and big rigs on a daily basis. This area of California is right on a north-south transportation route along Highway 99 for many regional and national distributors, so the Modesto area gets a lot of truck traffic on its freeways, streets and bridges. According to Modesto city traffic statistics, bridges in Modesto alone accommodate an average of 204,513 trucks every day!

With all this heavy truck traffic, it is more important than ever that drivers maintain their vigilance while on the freeways. Commercial trucks typically weigh 25 times more than the average automobile, making an accident between the two very dangerous. Indeed, accidents that involve semi trucks and passenger cars account for over 5,000 fatalities and 133,000 injuries each year nationwide.

There are many causes of truck accidents, including driver fatigue, tailgating, driver error and equipment malfunction. Additionally, commercial trucks often contain hazardous or toxic materials, increasing the chance of injury or even death from this type of accident.

If you or someone you know has been involved in a truck accident in Modesto, getting an experienced accident lawyer on your side should be your first goal. Especially when you or a loved one is suffering in the hospital from injuries related to an accident, it is imperative to have someone on your side who will take care of the repairs, insurance companies, medical bills and red tape associated with commercial truck litigation.

Assigning fault in auto accidents in Modesto can be complicated, especially given that the party found at fault will bear financial responsibility for paying for damages (to vehicles and/or property) and even medical costs resulting from the accident. That's if the negligent driver is determined to be 100% at fault. In the state of California, though, determining fault is a little trickier than other states because it is NOT a no-fault state.

In no-fault states, drivers pay insurance premiums (called Personal Injury Protection, or PIPs) that help offset the costs of accidents. When you get in an accident in one of 12 states with no-fault laws, the "good" driver doesn't have to prove the other driver was at fault. Instead, his insurance simply pays for everything in return for an agreement by the injured driver not to sue. This helps states reduce court hours spent on auto accident cases.

In California, however, lawsuits are far more common. Accidents are determined by "comparative fault," meaning that one party can be found as more at fault by percentage. In these cases, one driver can be found primarily responsible (51%) for the accident, while the other party may still be 49% responsible. Although both parties must pay, either can sue for damages related to pain, suffering, missed work or inconvenience.

If it sounds confusing, that's because it is. Determining fault in California is notoriously thorny. In the case of the driver who runs a red light and hits another vehicle, the police and insurance companies usually have no trouble assigning fault to the driver who made the mistake. However, in the case of multiple car accidents, accidents caused during inclement weather and other questionable situations, it can be difficult to figure out who is truly at fault. That's why it pays to have a Modesto auto accident attorney on your side. He-said-she-said battles often turn heated between drivers and insurance companies and you need someone to protect your best interests.

The Modesto area sees more than its fair share of single-vehicle automobile accidents. Just last Sunday (March 7, 2010), there were three such auto accidents in Modesto and the surrounding areas that left four people injured. Two involved single motorcycles, one on Highway 4 and the other on Highway 49. A third accident involved a single car on Highway 4. Though no deaths were reported, each driver and a passenger received treatment for major injuries.

Often times, people assume that they are at fault when there's only one vehicle involved in an accident. However, a professional attorney in Modesto can examine the factors of your auto accident to truly determine the cause. Sometimes, manufacturers of car equipment such as tires, brakes, seat belts and door latches can be the real culprits.

Other times, automakers can be at fault. An example of this played out on Monday (March 8, 2010). The owner of a runaway Toyota Prius drove nearly 30 miles with a stuck accelerator on a San Diego freeway before losing power and finally coming to a stop on the bumper of a highway patrol car. Although the man survived the incident with no physical injuries, an investigation is underway to find out if the recent recalls by Toyota are the cause for this incident.

The important thing to remember is that just because you're involved in a single-vehicle accident doesn't mean you're automatically at fault. Many people simply bite the bullet and pay the costs of higher premiums and insurance deductibles when they aren't even truly responsible. If you think you might have a case, consult a lawyer in Modesto who can sort through the facts.

Car accidents caused during police chases are an increasing concern for law enforcement, residents and insurance companies in the Modesto area. On February 26, 2010, Ceres police arrested three men after a high-speed chase that led officers through town at speeds up to 90 mph. The chase resulted in a wrecked police car and damage to residential property.

The risk of property damage, personal injury or even death in police chases is often exacerbated by the use of drugs or alcohol by fleeing drivers. On February 20, 2010, a Merced man was arrested after he fled from police, eventually crashing his 1997 Acura Legend into a pickup truck after running a red light. The chase took place mostly on residential streets, increasing up to speeds near 100 mph. The police determined that the driver was intoxicated at the time and had methamphetamines and marijuana in his possession.

Car accidents and personal injury are often the result of this sort of risky behavior. According to PursuitSAFETY, a consumer advocacy group that works to increase the safety of police chases, 40% of police chases end in a collision. Further, the organization estimates that 20% of those cases end in serious injury, 1% of which result in death. This equals about 300 deaths a year, one-third of which are innocent bystanders.

The effects of car crashes and police chases in the Modesto area have far-reaching results. When someone you know has been injured or killed in an auto accident as a result of a police chase, it's important to know your rights. A Modesto personal injury lawyer can help you sort out the facts of the case to assign fault and recover damages for your loss.