San Bernardino Car Accident Attorney

The most important thing after an accident is to ensure your safety and that of those around you. If you are injured, seek medical attention immediately. If you do not need to be urgently transported to a hospital, gather as much evidence as possible about the accident. Take photos of the accident scene, whether it involves a truck, motorcycle, bicycle, or pedestrian. Obtain contact information from the other party involved and from witnesses who can provide details about the accident.

Regardless of whether you think the accident was your fault, do not apologize or admit fault. Admitting fault can be used against you if you file a claim.

The insurance adjuster for the other party involved in the accident may contact you. While they may seem friendly and sympathetic, remember they are not on your side. Do not discuss the details of the accident with them. The best way to handle the other party's insurance adjuster is to request a consultation with a personal injury lawyer.

Some states have no-fault car insurance laws. No-fault car insurance aims to reduce the time it takes to settle claims from car accidents based on the driver's fault. Under no-fault car insurance, it doesn't matter who caused the accident. The accident victim simply files a claim with their own insurance company to receive compensation for their losses. Most no-fault car insurance laws also limit the amount of the claim that can be recovered.

However, California is not a no-fault car insurance state. California has fault-based car insurance laws, meaning that car accident victims must prove the at-fault driver’s negligence to receive compensation for injuries and other losses resulting from the accident.

To avoid liability, the at-fault driver and their insurance company will try to limit their responsibility and shift the blame to the victim. This is why you need a professional car accident lawyer by your side to advocate for you and protect your interests.

In most cases where an accident is caused by a company vehicle driver, the employer's liability insurance applies. However, the employee must be considered on duty at the time of the accident. If the accident occurred while the employee was off-duty (e.g., commuting or running personal errands), the employer's insurance might not cover it. In such cases, the driver's personal car insurance would be responsible for the damages. Additional issues may arise depending on the type of company to which the vehicle belongs.

To limit liability, many commercial carriers like UPS and FedEx do not hire employees for package delivery but rather "independent contractors." If involved in an accident, the company might claim the driver is financially responsible, as they are not an employee. Determining liability and filing a claim against UPS or FedEx can be complex. An experienced attorney can help identify who is responsible.

Uber and Lyft both require drivers to have personal car insurance and provide coverage under specific conditions.

Uber offers the following coverage to its driver partners:

• When the Uber app is off: Only the driver’s personal insurance applies in case of an accident.
• When the app is on and the driver is "available": Uber's contingent liability coverage applies but only for losses incurred by others, up to $100,000 for injuries ($50,000 per person) and $25,000 for property damage.
• When a trip is accepted or until the passenger exits: Uber’s commercial insurance covers up to $1 million for property damage and bodily injury per accident, and an additional $1 million if the other driver is uninsured or underinsured.

Lyft has similar insurance policies, applying to these scenarios:

• When the Lyft app is off: Only the driver’s personal insurance covers the accident.
• When the driver is waiting for a match: Only the driver’s personal insurance applies unless the insurance company denies coverage. In such cases, Lyft’s policy covers up to $50,000 per person, $100,000 per accident, and $25,000 for property damage.
• When a ride is accepted until the passenger exits: Lyft’s $1 million policy applies to the accident.

After a commercial truck accident, several parties could be responsible for the damages, including:

Truck Driver: If the truck driver’s negligence caused the accident, the driver might be personally liable for the losses. Examples of truck driver negligence include distracted driving, driving under the influence of alcohol or drugs, and reckless or aggressive driving.

Trucking Company: The trucking company could be vicariously liable for the driver’s negligent actions. Additionally, the company may be responsible for negligent actions such as hiring inexperienced drivers, hiring drivers with multiple violations on their driving records, failing to train drivers, or neglecting regular vehicle inspections and maintenance.

Loading Company: If the loading of the truck is at fault, the cargo loading company may be liable for the accident. For example, they may have failed to ensure that the truck was properly loaded, evenly balanced, or adequately secured.

Other potentially liable parties in a company truck collision include the manufacturer of a defective truck or its parts, a mechanic who negligently repaired the vehicle, or a local government agency that failed to maintain the road, resulting in hazardous conditions.

The at-fault driver's insurance limits can significantly impact your settlement. If your medical expenses exceed the driver's insurance limits, the insurance company is not obligated to pay the difference. Insurance policies have maximum amounts they pay per injured person and per accident. Amounts exceeding these limits may be lost, or you may need to pursue alternative options to recover additional compensation. For example, you may need to sue the negligent driver personally or sue a third party who might have contributed to the crash. However, a critical issue when suing the at-fault driver is that they might not have the funds or assets to cover the claim. Therefore, even if you win, you may not collect the full awarded compensation.

 Having a skilled car accident lawyer by your side shows the insurance company that you are serious about your claim. Car accident lawyers have the resources to investigate the accident, including hiring accident reconstruction experts to determine fault. They can also consult with experts who can provide testimony to support your claim.

 Cost is often a top concern for people considering hiring a lawyer. However, do not let fear of legal fees deter you from hiring a car accident lawyer. Like most car accident lawyers, Hanson & Mouri handle car accident cases on a contingency fee basis. This means you do not pay any fees unless we obtain compensation for your case. You might hesitate to approach a lawyer because you are unsure about your claim. At Hanson & Mouri, the initial consultation is free. We will assess your case and inform you of its merits at no cost.

After a car accident in San Bernardino, victims are entitled to compensation. Damages refer to the various types of settlements or awards used to compensate for the losses incurred by the victim due to the collision. There are two types of damages: compensatory damages and punitive damages.

Compensatory damages cover the victim’s current and future losses. They aim to make the victim "whole" or return them to their pre-accident state as much as possible. Compensatory damages are divided into two subcategories: economic and non-economic damages.

Economic (Actual) Damages: These compensate for monetary losses, which need documentation of the amount lost.

• Medical Expenses: Emergency visits, hospital stays, physical therapy, outpatient care, prescription medications, etc.
• Home Care
• Nursing Home or Rehabilitation Costs
• Treatment
• Property Repair
• Property Replacement
• Lost Wages Due to Absence
• Reduced Earning Capacity (if you can no longer work at the same level as before the accident)

Non-Economic (General) Damages: These compensate for subjective losses that do not reflect specific monetary losses, making them harder to prove.

• Pain and Suffering
• Emotional Distress
• Loss of Enjoyment of Life
• Loss of Opportunity
• Loss of Consortium
• Physical Disability (e.g., disability, limb loss)
• Disfigurement
• Unfair Hardship

Punitive Damages The second type of damages, available in some car accident claims, is punitive damages. These are rare and only apply in cases involving conduct that recklessly disregards the safety of others. Punitive damages aim to punish the defendant and deter similar harmful behavior by others in the future.

To succeed in your claim, you need to present evidence that the other driver caused the accident. This evidence may include police reports, copies of medical records documenting your injuries, photos of the accident scene and vehicle damage, and witness statements. Your lawyer will gather all this information on your behalf. If necessary, they may hire experts like accident reconstruction specialists and medical professionals to understand the cause of the accident, identify the responsible party, and assess the severity of your injuries and their impact on your life. Lawyers have the resources to conduct thorough investigations quickly before crucial evidence disappears. They may also issue subpoenas to access other essential evidence, such as surveillance footage or cell phone records, which often cannot be obtained without a court order.

Each state has its own laws specifying the time frame within which car accident victims can file a claim. In California, the statute of limitations for car accident lawsuits is two years from the date of the collision. If you do not initiate your case within this period, the judge will likely dismiss it, and the negligent party will not be liable for your losses.

Although two years might seem like a long time, it is almost always better to start the claims process as soon as possible. Once you hire a lawyer, they will begin investigating the accident and gathering crucial evidence of negligence to build a strong case. Consequently, your chances of achieving justice and receiving the compensation you deserve will be significantly improved.