San Francisco Injury Lawyer Blog

Automobile collisions can and do cause serious injuries. Insurance companies judge the value of a case by the extent of damage to the vehicles involved. Minor damage, they say, equates with minor injury.

To the insurer, anyone claiming serious injury from a collision that does not appear dramatic to one reviewing photographs, means that the party claiming injury is a liar. Insurance companies categorize these cases as 'fraudulent' and they are dealt with in their 'fraud' department. The carriers instruct their attorneys to hire expensive expert witnesses, including biomechanics witnesses, physicians and other experts to defend the cases at trial. They know that they can outspend most Plaintiff's attorneys and drum up evidence sufficient for their attorneys to argue that the injured person is a malingerer or simply out for secondary gain. This means that they argue the injuries are made up and not real.

I tried a case in October 2007 where the insurer pulled out all of these stops--and more. Still the jury saw through the tactics and fairly compensated this middle aged woman who suffered disc injury in the rear end collision. In the blogs to come, I will take you through the anatomy of this case through to verdict.

It is no secret that the time period between Thanksgiving and New Year's can be a stressful time for some people because of financial strains, family problems, unmet goals, recall of holiday seasons past and a host of other emotional issues. People are often not as focused as they may be during other seasons-- they may be partying or concentrating on partying or not concentrating at all. They may be in an altered state due to alcohol, drugs or otherwise.

It is not just that the Holiday Season seems to proliferate more accidents and mishaps, but that the fallout during the Holiday Season can add insult to injury. We all are anxious to have fun during this time and being injured, hurt and impaired due to an injury not of our own making is very frustrating and upsetting.

As "Coping With the Holiday Blues" on EverydayHealth.com explains, people struggling with the holiday blues may experience feelings of sadness, tension, and stress; changes in sleep patterns; a lack of energy; diminished interest in favorite activities; or excessive drinking or eating. These emotional issues impair our ability to function, both on the job and in other aspects of our lives.

Injury from a car accident, or losing a loved one in an accident can potentiate these emotional problems and make things even more difficult to cope with. On top of holiday blues, suffering from personal injuries will add tremendous pressure during the holidays. People injured in car accidents often miss work due to their injuries necessitating sick leave, disability, or valuable personal time off. At times, some people are forced to take reduced pay or no pay at all. Depending upon one's job, missing work may really not be an option and a host of dominoes can begin to fall. Injury leads to the added stress of attending medical appointments, the side effects of medications, and worrying about paying medical bills. It is so frustrating not to be able to complete normal household chores or accomplish the activities of daily living due to injuries.

Continue reading "Insult to Injury: Coping With Holiday Blues and Personal Injuries" »

Cbs5.com reported on a fatal hit and run that occurred early Thursday morning. A vehicle headed northbound on Laguna Street in San Francisco ran a red light while a cab was crossing the Fulton Street intersection. The cab then spun out, hit a pole and a car. As a result, one of the three passsengers has died. Another passenger was in critical condition after the crash while the other passenger and the taxi driver suffered minor injuries.

The San Francisco district attorney's office has arrested Eduardo Vicente and charged him with felony involuntary manslaughter and felony hit and run. According to the San Francisco police, after the collision Vicente jumped out and ran from the intersection. The police found empty alcohol containers in Vicente's car. Police are investigating whether Vicente was driving under the influence of alcohol or whether he ran a red light.

This accident raises a host of issues about San Francisco driving. The obvious here is that it is Holiday Season and drinking and driving are once again synonomous. They are a recipe for certain disaster as was evident in this crash. Be sure your uninsured motorist protection is adequate. As I have previously stated in earlier blogs, there are many uninsured drivers on the road and if one of them hits you, all you can rely on is your UM coverage. Call your broker or get on line and make sure you have adequate coverage. California minimum limits of $15,000.00 is not adequate coverage in most accidents. For the few additional dollars necessary to obtain coverage, UM insurance is the best bargain and among the most important coverages offered.

Second, if this news report is accurate, this may be one of the rare instances that, from what I have seen, that a cab driver was not at fault. Which leads us to suggest--at the risk of being redundant: wear your seatbelt especially in a cab! For whatever reason, many of us think that since we are in the hands of a common carrier, we are safe, or safer than when we drive. In this City, as in New York, nothing could be farther from the truth.

Holiday season can bring rainy weather along with already congested freeways and anxious drivers that are even moreso during the Holidays. The Bay Area was the site of 90 motor vehicle accidents over the long Thanksgiving weekend which brings to mind a few critical issues that many of us ignore. First, pay attention to the driving conditions and weather. Second, wear your seatbelt and shoulder harness. It is the law and airbags without belts may be ineffective. Third, be sure you have adequate insurance coverage--including uninsured motorist coverage. The UM coverage is relatively inexpensive so check with your broker or on line for quotes.

The California Vehicle Code incorporates bad road conditions in its mandates to drivers. California Vehicle Code Section 22350 tells us that a driver may only travel at a speed that is safe for the conditions at the time. Obviously, if the roads are wet or flooded, as they were during portions of this weekend in Marin County, a drivers' speed must be reduced accordingly to a speed that is safe for those road conditions. This is true even if the speed limit signs provide for a higher speed. Many drivers neglect to drive more carefully when the weather is foggy, rainy, or windy. This Thanksgiving weekend was no exception with the usual impatience, inappropriate speed for the conditions and tailgating leading to accidents. Regretably, any combination of this, particularly in bad weather, can and did lead to serious injuries.

The San Francisco Chronicle reported yesterday that the San Francisco Bay Area experienced over 90 car crashes on Sunday (11-26-06) alone (according to the California Highway Patrol). Officer Tom Stewart further explained that roughly 30 of the car crashes occurred in just one hour. According to Officer Stewart, "You can't expect to drive at 65 miles per hour and be able to stop in the same amount of time and distance as you would on dry pavement. People need to slow down."

Perhaps the most important safety device remains the seatbelt with shoulder harness. Airbags are intended as an adjunct to the seatbelt and the design of newer vehicles contemplates safety with the use of belts. In the litigation arena, defense attorneys and insurance companies will give serious consideration to the negligent contribution of an unbelted driver before paying--or not paying, otherwise valid claims.

Furthermore, CHECK YOUR AUTO COVERAGES! Many drivers on the road are either uninsured or underinsured. If they cause injury to you and have no coverage or inadequate coverage, your uninsured/underinsured motorist coverage becomes important to pay for your injuries. Be sure you have not opted out of uninsured motorist coverage and that there is a substantial limit on that coverage. I constantly speak with seriously injured people who either have no uninsured motorist coverage or minimum $15,000.00 limits. Any serious injury will exceed those limits so protect yourself by obtaining the best UM coverage you can afford.