San Bernardino Car Accident Attorneys

Common Types of Car Accidents in San Bernardino

San Bernardino’ busy streets witness a variety of car accidents. Some of the most common scenarios include:

• Hit and Run Accidents: It’s illegal under California Vehicle Code 20002 to leave the scene of an accident without providing contact information. Penalties can range from six months in county jail and a fine of up to $1,000 if only property damage occurs. If injuries are involved, the offense escalates to a felony with more severe penalties. Convictions require proof that the driver was involved in the accident, knew they were involved, and failed to stop or provide information.
• Rear-End Collisions: Making up nearly 30% of all traffic accidents annually according to the National Highway Traffic Safety Administration (NHTSA), rear-end collisions often occur when a driver is tailgating, distracted, speeding, or driving in hazardous conditions. The driver who hits the vehicle in front is typically at fault.
• T-Bone Accidents: Also known as side-impact collisions, these occur when one vehicle strikes the side of another, forming a ‘T’ shape at the point of impact. These accidents can lead to a range of injuries including head, neck, back, pelvic, and chest injuries.

Common Causes of Car Accidents in San Bernardino

Several factors contribute to the high incidence of car accidents in San Bernardino:

• Reckless Driving: Includes speeding and ignoring traffic laws.
• Mobile Device Usage: Texting or calling while driving diverts attention from the road.
• Distracted Driving: Other distractions such as eating, drinking, or interacting with passengers.
• Driver Fatigue: Long driving periods can diminish alertness or lead to falling asleep at the wheel.
• DUI: Driving under the influence of alcohol or drugs is illegal and dangerous.
• Rubbernecking: Drivers focusing on external distractions rather than the road.
• Vehicle Malfunctions: Issues with essential car components can cause accidents.
• Poor Road Conditions: Roads that have not been maintained or were poorly constructed can result in accidents where liability is placed upon the city responsible for upkeeping the roads.
• Adverse Weather: Weather conditions like rain, snow, and hail can make travel dangerous by limiting visibility and making roads slick.
• Construction Zones: Poorly marked zones can increase accident risks.

Common Types of Car Accident Injuries

Car accidents can result in various injuries, ranging from mild to severe. These injuries are typically categorized into:

• Impact Injuries: Occur when part of the body hits the vehicle’s interior during a crash.
• Penetrating Injuries: Result from objects like shattered glass piercing the body.

Regardless of the class of injury, the resulting injuries can vary from insignificant to severe. Common types of injuries include.

• Head Injuries: Including severe concussions or traumatic brain injuries (TBI) from hitting the steering wheel, windshield, or windows.
• Chest Injuries: Such as bruised or fractured ribs from impact with the steering wheel or dashboard.
• Injuries to Lower Extremities and Limbs: Such as fractures, dislocations, and crush injuries from the impact within the vehicle.
• Soft Tissue Injuries: Including whiplash and other muscle, ligament, and tendon injuries.
• Spinal Cord Injuries: Potentially resulting in partial or full paralysis.
• Broken Bones: Ranging from simple fractures that need casting to more severe compound fractures requiring surgical intervention.
• Burns: From fires in the vehicle, leading to minor to severe skin damage and requiring extensive treatment.
• Wrongful Death: In the most tragic scenarios, leading to fatal outcomes.

Understanding California Car Accident Laws

Navigating the aftermath of a car accident in San Bernardino requires an understanding of California’s specific laws:

• Statute of Limitations: You have two years from the date of the accident to file a personal injury claim and three years for property damage claims.
• Fault-Based Insurance System: California uses a fault-based system where the party at fault is responsible for the damages. Insurance coverage typically includes:
  • Bodily Injury Liability: Minimum coverage is $15,000 per person and $30,000 per accident.
  • Property Damage Liability: Minimum coverage is $5,000.
• Liability Laws:
  • Comparative Fault: California follows a comparative fault rule, where the compensation is reduced by one’s own percentage of fault.
  • Apportionment of Fault: In accidents involving multiple parties, each is assigned a portion of fault, and they are financially responsible for those damages according to their share of fault.

What to Do After a Car Accident in San Bernardino

Taking the right steps after a car accident is critical for protecting your rights and potential compensation:

1. Seek Immediate Medical Attention: Prioritize your health by getting medical care, even if injuries seem minor. This is a critical step because even if injuries are minor, documenting injuries with a medical checkup will strengthen your claim and ensure a full recovery.
2. Report the Accident: Contact the police to ensure an official report is filed, which is crucial for any legal claims.
3. Gather Evidence: Collect as much information as possible, including photos of the scene, contact information for witnesses, and any relevant details about the accident.
4. Do Not Admit Fault: Be cautious about discussing the accident details at the scene; even casual remarks can be used against you.
5. Consult a Car Accident Attorney: Engage a San Bernardino car accident attorney to help navigate the legal process, handle negotiations with insurance companies, and maximize your claim’s potential.

By understanding these steps and legal nuances, victims can better manage the aftermath of a car accident and enhance their chances of receiving rightful compensation.

Common Mistakes Made After a Car Accident in San Bernardino

After a car accident in San Bernardino, it’s crucial to avoid certain missteps that could negatively impact your claim. Here are some common mistakes to be aware of:

• Incomplete Disclosure to Your Lawyer: Withholding any details from your lawyer can hinder their ability to represent you effectively.
• Delaying Medical Attention: Failing to seek immediate medical care can not only harm your health but also weaken your claim, as it may suggest your injuries are not serious.
• Ignoring Medical Advice: Disregarding the treatment plan prescribed by your doctor can negatively affect both your recovery and the credibility of your claim.
• Choosing an Inexperienced Lawyer: Opting for a lawyer without specific experience in car accident cases can compromise the quality of your representation.
• Concealing Previous Injuries: Not being transparent about past injuries or legal cases can undermine your current claim.
• Underestimating Injuries: Minimizing the severity of your injuries may result in receiving insufficient compensation.
• Discussing the Case Publicly: Sharing case details with others, especially on social media, can harm the integrity of your claim.
• Direct Negotiations with Insurers: Communicating with the other party’s insurance company without legal guidance can lead to statements that might be used against you which can potentially decrease your compensation.

Understanding Your Car Accident Police Report

The police report from your car accident serves as a vital piece of evidence in your claim. It typically includes:

• Accident Details: Exact location and time, along with a detailed description of the accident, noting injuries and damages.
• Driver Information: Names, addresses, birthdates, and driver’s license numbers of all involved.
• Vehicle and Insurance Information: Details about each vehicle and insurance coverage, including policy numbers and insurance company names.

To obtain this report in San Bernardino, visit the local California Highway Patrol (CHP) office or request it online by submitting a CHP 190 form. The cost varies based on the report’s length, but acquiring this document is crucial for understanding the accident’s circumstances and fortifying your legal case.

Proving Negligence & Liability in a San Bernardino Car Accident Claim

Establishing negligence is fundamental in a car accident claim in San Bernardino. The process involves demonstrating four key elements:

• Duty of Care: The plaintiff must establish that the defendant has a legal obligation to act with care on the road.
• Breach of Duty: Evidence must show that the defendant failed to fulfill this duty. This could be through actions like speeding, distracted driving, or other negligent behavior that a reasonable person would avoid because they knew their actions could cause harm.
• Causation: It is crucial to prove that the accident, and consequently the plaintiff’s injuries, were directly caused by the defendant’s breach of duty. This link between the defendant’s actions and the accident must be clearly demonstrated.
• Damages: The plaintiff needs to detail the specific damages incurred due to the accident, which may include medical bills, lost wages, pain and suffering, and other losses. This damage must be quantifiable and directly related to the incident.

Successfully proving these elements can significantly impact the outcome of your claim and help to ensure that you receive the compensation you deserve for the losses sustained in the accident. Engaging a knowledgeable San Bernardino car accident attorney is crucial in navigating these complex legal requirements and maximizing your recovery.

Compensation for Car Accident Victims in San Bernardino

In San Bernardino, as in the rest of California, victims of car accidents are entitled to seek compensation for damages and injuries sustained due to the negligence of others. While the specifics of compensation can vary, common categories include:

• Medical Expenses: This encompasses all medical treatments already received and estimates for future medical needs related to the accident.
• Disability Accommodations: If the accident results in temporary or permanent disability, associated costs for necessary accommodations are covered.
• Lost Income: Compensation can be claimed for wages lost due to the accident and potential future income if your ability to work is impacted.
• Vehicle Repair or Replacement: Costs involved in repairing or replacing your vehicle after the accident.
• Pain and Suffering: This includes compensation for physical pain and emotional distress resulting from the accident.
• Wrongful Death: In fatal accident cases, compensation is provided for the survivors’ loss.
• Life-Altering Damages: If the accident causes severe changes to your quality of life, compensation for these profound impacts is also considered.

No Win, No Fee Policy

Absolutely No Fee Unless We Win Your Case

At Mesriani Law Group, we understand that the financial burden of legal fees can deter victims from seeking justice. With over two decades of experience in handling car accidents cases across California, we have introduced a “No Win, No Fee” guarantee. This means you owe us nothing unless we secure a win for your case. Our commitment is rooted in a deep understanding of the challenges faced by accident victims. Our goal is to ensure that high legal fees do not prevent anyone from obtaining the compensation they deserve.

Free Consultation with a Mesriani Car Accident Lawyer

Dedicated to serving the community of San Bernardino, Mesriani Law Group offers comprehensive legal assistance to those affected by car accidents. We handle the majority of auto accident cases on a “No Win, No Fee” basis to ensure that our services are financially accessible to all. Contact us today for a free consultation to discuss your case and understand how we can help you achieve the justice and compensation you deserve.