Category: car accident injury

The Importance of Going to the Hospital After a Car Accident

The Importance Of Going To The Hospital After A Car Accident

The Centers for Disease Control and Prevention estimates that Americans spend more than 1 million days in hospital each year due to car accidents. People who go to emergency rooms after an accident can sustain a variety of injuries. Whiplash, spinal cord damage, broken bones, and traumatic brain injury are some of the most common injuries.

 

Some of these injuries, especially traumatic brain injuries or spinal cord damage, can be life-threatening and should be treated immediately. These injuries are why victims of car accidents would go straight to the hospital. Many people don’t understand why someone with whiplash, a non-life-threatening injury, would visit the hospital. It is important to get medical attention immediately after you’ve been in an accident. Here’s why:

Some injury symptoms may be delayed

 

Car accident victims need to know that injury symptoms may not appear immediately after a collision. In stressful situations like the one that follows a car accident, adrenaline is released by your body. Your body may temporarily mask pain with adrenaline, so you might not feel any discomfort until the adrenaline levels start to drop hours after the accident.

 

You may also find that your symptoms will worsen in the hours following the crash. A minor injury may quickly become a serious one. It is not a good idea to wait and see how your health will develop. Even if you don’t feel all the symptoms, a doctor will be able to diagnose the injury.

You could lose your personal injury claim if you wait too long to seek medical treatment

Not only is it important for your health but also for the sake of pursuing compensation in a personal injury claim.

An insurance adjuster from an at-fault party’s insurance company will contact your to discuss the matter shortly after the accident. The insurance adjuster will investigate the accident to determine the cause and extent of your injuries. Your medical records are one of the first things that the insurance adjuster will need. This will enable the insurance company to verify your injuries.

doctor in los angeles

Insurance companies will flag a gap in time between the accident and when you visited a doctor. The insurance adjuster can use this gap in time, no matter how small, to lower the value of your claim. Insurance adjusters might argue that your injuries aren’t as severe as you claim because you didn’t think you required emergency treatment. Insurance adjusters may also argue that there is no way to know how your injuries were sustained since you didn’t seek medical attention immediately after the accident. These arguments could be effective and the insurance adjuster may deny your claim.

Hospitals Provide the Best Care for Car Accident Victims

There are many options for car accident victims when it comes time to seek medical attention after an accident. Many car accident victims believe it is simpler to visit a walk-in clinic rather than a hospital because the wait times are shorter. These facilities only offer a limited range of services. Many walk-in clinics don’t even have X-ray machines. It is possible that you will waste your time visiting a doctor who can’t properly diagnose your injuries.

Many victims of car accidents think about visiting a chiropractor right after the accident, especially if they feel they have suffered an injury to their muscles, ligaments, or joints. Chiropractors can be described as healthcare professionals who are trained to treat injuries to the musculoskeletal systems. They are not qualified to treat other parts of the body. A chiropractor cannot treat any other injuries you may have sustained as a result of the accident.

Insurance adjusters will often assign a lower value to claims that involve chiropractic care. This could impact your ability to receive compensation if you visit a chiropractor following an accident.

While walk-in clinics and chiropractors can offer helpful services for those who have been in an accident, they are not suitable for anyone who has just been injured in a car crash. Hospitals have highly-skilled surgeons and doctors who can diagnose and treat many injuries. Accident victims of car accidents will get the best care if they visit a hospital and not a clinic or chiropractor.

The bottom line

So should every victim of a car accident visit the hospital following a crash? Not necessarily. If they have suffered serious injuries or are experiencing blurred vision, it is important to visit a hospital. It is possible to go to your doctor’s office if you are not severely injured. If the accident happened after hours, however, you might have to visit the hospital.

It can be difficult to decide if you should go to the hospital. It’s always better to be safe than sorry. You should immediately go to the hospital if you aren’t sure of the extent of your injuries.

Our personal injury lawyers are available to assist you if you have been hurt in a car accident. Our personal injury lawyers will negotiate with the insurance company of the at-fault party to get you the compensation that you are entitled too. John W. Stenson can help you schedule a consultation with one of our experienced personal injury lawyers.

Here is How to Get Your Car Fixed After an Accident in California

How to Get Your Car Fixed After an Accident in los angeles, California

You might be driving along the highway with your car, but the next minute your life suddenly changes. Anybody can be involved in a car accident at any moment. It takes just one instant to cause an accident: one glance at a text message, one driver suddenly weaving into your lane or one reckless decision by an intoxicated driver.

California Highway Patrol’s Statewide Integrated Traffic Records System SWITRS 2017-Report shows that 3,904 people died and 277,160 were injured in motor vehicle crashes in 2017. Many people find it difficult to navigate the vehicle repair process after a stressful car accident.

What steps should you take to fix your car if it was in an accident?

 

California Property Damage Insurance Claim

California car accident settlements can include both personal injury and property damage claims. California has several steps that can be taken to fix your car after an accident. This includes filing a claim through your insurance company for property damage, getting independent estimates, and choosing a collision repair shop that will do the work.

It can be overwhelming. It is important to understand your rights in order to receive full compensation. Your attorney will handle your property damage claim if you have hired an experienced car accident lawyer. These lawyers generally do not take any part in the property damage settlement.

Which insurance company do I file a claim with?

If you are the driver who caused the collision and they have sufficient insurance to cover your vehicle’s damages, you can file a third-party claim through their insurance. This is also known as a third-party insurance claim. If you are the one who caused the collision and have collision insurance, you can file a claim through your insurance company. If the other driver is at fault, you can file through your insurance. You will have to pay the deductible if you file a claim through your insurer.

Obtaining Auto Repair Estimates

After you contact your insurance company to file a claim, they will assign an appraiser or adjuster to assess the damage to your vehicle. The insurance company might suggest that you bring your vehicle to one of their preferred auto shops for an estimate. You should also contact a car repair shop to get an independent estimate for your vehicle’s repair. You should not authorize repairs to be started until your insurance company has assessed the damage to your vehicle.

California: Know Your Rights

It is crucial that you are aware of your legal rights regarding collision repair in California. In order to get a settlement, you are not required to use the auto repair facility recommended by the insurance company. You have the option to choose your own auto repair shop and still receive insurance compensation. If your vehicle sustains more damage during repair, your chosen repair facility should stop work immediately and contact your insurance company.

In addition, you have the right to insist that OEM parts (Original Equipment Manufacturer) are used for the repair of your vehicle. If your insurance does not cover OEM parts, you might have to pay the difference.

Gap Insurance and Your Totaled Car

If the repair cost of your vehicle exceeds the fair market value, the insurance company will pay less — the actual cash value (ACV). The vehicle is considered a “total lose” in this instance. You would still have to pay the lender any money you owe to a lender for the vehicle. It is very useful to have gap insurance in this instance to cover the difference or actual costs of replacing the vehicle

Hit-and-Run Accidents

Your insurance company may be able to file a claim against the other party for property damage if you are the victim in a California hit-and-run collision. Your collision coverage may cover your vehicle’s damages if the other driver is not identifiable. However, you will still need to pay the deductible. California’s hit-and-run law does not allow you to raise your insurance rates.

hit and run accident claims

Obtaining Car Accident Compensation for Your Injuries

You may be eligible for a financial settlement if you are injured in a car accident. This can be done through either filing an insurance claim or a civil lawsuit. Your car accident compensation amount will depend on how severe your injuries were, what losses you suffered, and who was deemed to have been at fault.

You should call 911 immediately if you are involved in a car accident that results in injuries. Even if your injuries are not severe enough for you to need an ambulance ride to the hospital, paramedics on the scene at or an urgent care center or hospital should still evaluate you.

This is an important step to document your injuries in case you need insurance or a lawsuit. You don’t want the insurance company to use your absence of immediate medical attention to claim that you weren’t actually injured or as severe as you claimed. You can still get compensation for medical expenses even if the accident was caused by an uninsured or uninsured driver.

Speak to an attorney FIRST

Not only will you need to notify the insurance company about your accident, but you must also inform them of the extent of your injuries. Insurance companies are known for trying to convince accident victims to accept lowball settlements when the victim’s claim will be worth more.

It is best to contact a personal injury lawyer who has experience in negotiating settlements for victims of car accidents before you talk to any insurance companies. Your lawyer will negotiate with insurance companies on your behalf to ensure you get fair compensation for car accidents.

Our Car Accident Personal Injury Lawyers in Los Angeles can help!

Car accidents cause injury, claim lives, as well as causing billions of dollars in property damage annually in the United States. The experience of being in a car accident can be traumatic and stressful.

John W. Stenson’s team of car accident attorneys can help you navigate the process of getting a settlement for your California car accident. John W. Stenson will provide expert representation so you are not left at the mercy of large insurance companies. We will do everything possible to make sure you get the maximum amount of compensation for all your losses, including any injuries or damage to your vehicle.

For a FREE consultation, contact us today using the online form or phone number below. We are available 24 hours a day to answer your calls!

Delivery Driver Accidents: Who is at Fault in California

Delivery Driver Accidents Who is at Fault in California

The popularity of food delivery and other services has increased exponentially since COVID-19’s emergence. It was already a growing business sector before the global pandemic of 2020. GrubHub and other services such as DoorDash and Instacart offer almost instant gratification for our gastric desires and quick delivery of products to homes and businesses.

Delivery services are a great convenience for our modern society. However, they can also pose a risk of personal injury and accidents. As a result, delivery driver accidents are becoming more fatal as revealed by a 2019 New York Times exposé.

You will likely have many questions if you are involved in a delivery driver accident. This applies regardless of whether the driver was wearing a uniform and driving a clearly marked delivery truck or whether they were an independent contractor such as a Grubhub driver or DoorDash driver. You will naturally want to find out who was at fault and which insurance company is responsible for covering your damages.

Common Causes of Food Service Driver and Delivery Driver Accidents

There are many factors that contribute to the increased risk of accidents involving delivery drivers.

  1. There are more delivery vehicles on roads: This is in response to an ever-increasing need for delivery services. There is a higher chance of collisions occurring due to the increased number of vehicles on the roads. Food delivery services often deliver at peak traffic hours, increasing the risk of accidents.
  2. Drivers are under intense pressure to meet strict delivery deadlines and deliver large quantities of products within a short time frame: This is another factor that has contributed to an increase in delivery driver accidents. One driver in Los Angeles County, working for a Delivery Service Partner, was told that they were being encouraged to use bottles to urinate rather than stopping to take a break. According to the National Highway Traffic Safety Administration, this extreme pressure can cause fatigue, distraction, and driving at an excessive speed. All of these are risk factors for getting into an accident.
  3. Minimally-trained labor force: Delivery services that allow individuals to operate as independent contractors and use their own vehicles have increased the number of vehicles on the roads. However, delivery drivers are often people with little training in driver safety. Amazon’s advertisement for delivery drivers clearly states that “no experience in delivery is necessary.” Business Insider reports that UPS spends more than $200 million annually on safety training for traditional delivery drivers.

 

Who is responsible for food service delivery and driver accidents?

Delivery companies are increasingly hiring drivers as independent contractors rather than employees. Delivery companies often hire delivery partners to use their personal vehicles for deliveries. They also require them to have their own insurance policies.

The delivery company may try to avoid liability if you are in an accident with one of these independent drivers. They might claim that the driver at fault was not an employee. The delivery company is responsible for the drivers. An experienced personal injury lawyer can help you seek fair compensation from all parties.

Personal Auto Insurance Policy for the Delivery Driver

You will file a claim with the driver’s personal insurance company if they were the at-fault party. Delivery companies often require that the driver’s personal insurance be exhausted first. This is especially true if they weren’t actively delivering food or parcels at the time of the accident.

California law requires that delivery drivers have minimum auto insurance policies. This means they must carry $15,000 in bodily injury coverage, $30,000 per accident bodily injury coverage, and $5,000 per accident property damage coverage. Your claim could be denied if your delivery driver didn’t notify their insurance company they were using the vehicle for commercial purposes. This is required by many individual insurance policies.

The Delivery Company’s Commercial Auto Insurance Policy

You can file a claim against the company’s commercial auto policy if the driver was not covered by inadequate personal insurance or was actively delivering food or other products at the time of an accident. Many delivery companies have a commercial auto policy or occupational accident insurance which covers their drivers while they deliver food or other products.

If the delivery driver is a traditional employee of the company such as a UPS driver driving a company-branded vehicle, they should be covered by the company’s commercial auto policy.

 

insurance policy

What are the steps to take after a delivery driver accident?

These steps will help you to gather as much documentation as possible if you are in a car accident involving a delivery driver.

  • Call 911 immediately – if the accident results in injuries.
  • You must file a police report – This is a crucial step in order to document your injuries and details about the accident. The police must file a report if anyone is hurt on the spot.
  • Get medical attention immediately – Not all injuries are obvious. You should be evaluated thoroughly after an accident. This is both for your safety and to document the extent of your injuries.
  • Contact information – Gather information from all parties involved, including willing witnesses.
  • Photograph important documents – Take photos of driver’s licenses, insurance cards, and car registration papers. Vehicle identification numbers and any other document that identifies the driver or service provider.
  • Photograph the accident scene – Include photos of the wrecked vehicles, injuries, weather conditions, road conditions, and the exact location of the accident.
  • Get in touch with a lawyer for car accidents – Contact an experienced lawyer immediately after the accident to discuss your rights.
  • Avoid admitting fault – For guidance, consult your attorney!
  • You can report the accident to your delivery service – Be sure to take this step under the guidance of your experienced food delivery accident lawyer.

An Accident Lawyer from John W. Stenson in Los Angeles can help!

Contact John W. Stenson, a personal injury lawyer for car accidents, if you were involved in a delivery truck accident, a Flex driver crash, or any other type of delivery service accident. We work tirelessly to ensure that each client receives the best possible outcome. You could be eligible for compensation for medical bills, lost wages, and pain and suffering as well as damages to personal property.

John W. Stenson is an experienced attorney who can help you navigate the complex liability issues that arise after a food delivery or Amazon accident. John W. Stenson’s experienced team of trial lawyers has successfully litigated numerous cases involving delivery driver accidents. Let us handle the insurance companies and delivery services so that you can concentrate your energy on recovery. John W. Stenson proudly serves clients throughout California and Los Angeles.

Contact us today at the confidential contact number or phone number below to receive a complimentary consultation about your case.

Is California a No-Fault State?

You need to be familiar with the laws governing car accidents in the state you were involved in. These laws will impact how you handle insurance claims and who is responsible for your losses and injuries. There are two types of car insurance: fault and no-fault. California is a fault-based state, but not one that is no-fault.

What is a “No Fault” Accident?

No-fault accidents are something you’d find in an insurance state that doesn’t have any fault. This means that all the drivers involved in a wreck will be eligible for financial benefits from their insurance companies, regardless of fault. These drivers do not need to prove the negligence or fault of another driver to be eligible for insurance coverage.

California is not a state that accepts no-fault drivers. This means that injured victims must file car accident lawsuits with the at-fault driver’s insurance company. They must also identify the driver responsible for the accident and prove their guilt during the insurance process. This could make it harder to get insurance benefits.

Car insurance: No-Fault vs. At-Fault

There are 12 states currently that have a no-fault insurance policy. All drivers in no-fault states that are involved in an automobile accident must have personal injury protection (PIP) insurance. Florida is an example of a state that requires all drivers to show proof of PIP insurance.

All injured persons will file claims against their auto insurance companies after a car accident in a state that isn’t at fault. PIP insurance will cover their medical expenses as well as lost wages. For property damage coverage, however, drivers will need additional insurance such as collision or comprehensive.

Drivers in no-fault states cannot seek compensation from the at-fault driver unless their injuries are severe enough to meet the state’s threshold for serious injury. This usually means that the driver sustained severe and/or permanent injuries. States with at-fault car insurance laws require drivers to have minimum amounts of bodily injuries and property damage liability insurance to cover other victims’ damages.

California Minimum Car Insurance Requirements

California’s minimum insurance requirements are $15,000 per individual and $30,000 per incident in bodily injury liability insurance. $5,000 is required for property damage insurance. A driver who is injured in an accident can make another driver financially liable, regardless of the severity or extent of their injuries.

What to do if you’re involved in an accident in California

California’s fault-based insurance law will govern your ability to recover financial damages from the responsible driver if you are involved in a car accident. These steps will help you maximize your chances of winning a claim.

  1. Contact the police right away from the scene. A police accident report can help strengthen your insurance claim.
  2. Collect evidence. Photograph the accident scene and collect any other evidence you can. Your lawyer or you will need to prove that the other driver caused your collision.
  3. You should immediately visit a hospital. Don’t delay in getting medical attention. This could give insurance companies a reason not to pay your claim.
  4. Contact your insurance company. To make an initial report about the accident, call your auto insurance company immediately. Don’t admit to fault.
  5. Contact the insurance company of the other driver. You can also file a claim with the insurance company of the other driver. Each insurance company will examine the accident to determine who is at fault.

After you have reported the collision, a representative from the insurance company for the other driver will reach out to you. You should be careful about what you say as they may not be sympathetic to your cause. All documents should be provided to the investigator. Do not sign anything or agree to any settlement without speaking with an attorney.

Los Angeles car accident lawyer for help with the claims process. An attorney can help you protect your rights and negotiate a fair settlement for your case.

Contact Us Today!

What are the Most Common Type of Injuries Resulting in Personal Injury Cases?

Accidents Result in a Wide Variety of Injury Types

 

Many types of injuries can result from any type of accident. Each part of the body can sustain different types of injuries. The force applied to the body during an accident will determine the type of injury as well as the severity.

The Law Firm of John W. Stenson is a personal injury firm that has over 50 years of combined experience representing victims in Los Angeles, and the surrounding areas. In a personal injury case, we can explain the impact they have on clients’ lives and the type of medical care that is required.

Car Accident Injuries are Common After a Collision 

Vehicles collide and kinetic forces are applied suddenly to the body. The body has a limited tolerance for these heavy forces. In car accidents, the body can be damaged by impacting the interior of the car. These are some of the injuries that can be sustained in an automobile accident:

  • Brain Injuries can be caused by direct blows to the head from an object or interior of the vehicle or by a sudden acceleration due to the change in velocity. This causes the brain’s Axons to stretch out to the point that they tear, also called “shearing”.
  • Spinal Injuries can be caused by the sudden jarring movement of the spine in a vehicle accident. You can sustain neck injuries from whiplash, as well as injuries that affect the back, due to damage to the muscles, ligaments, and vertebrae around the spine or the disks, nerves, and/or vertebrae around the spinal cord.
  • Chest Injuries can be caused by pressure on the sternum from the seatbelt or impact with the steering wheels, especially if a seatbelt has been removed. These injuries can be reduced by using airbags.
  • Knee Injuries can happen when the knees strike the interior of the vehicle under the dashboard or because of hyper-extension or severe twisting of the legs. These injuries can include fractures of the patella (knee cap), or tears to the meniscus and ligaments in the knee.
  • Shoulder injuries can be caused by reaching out for a steering wheel with your arms extended, which can tear the rotator or tendons. Whiplash can also cause subacromial impingement syndrome.

Injuries Commonly Sustained in Slip & Fall Accidents

 

 Serious injuries can result from a slip, trip, or fall on public or private property. These may include the following most common injuries:

  • Head Injuries can occur when the head strikes the ground forcibly and sometimes cause traumatic injuries.
  • Spinal Injuries can be caused by either blunt trauma to your spine from an impact with ground or twisting movements from a fall or attempts to recover after a fall.
  • Hip and Pelvis Injuries include fractures of the proximal, upper, or both of the femurs, as well as the acetabulum or a portion. It is possible to have a hip dislocation.
  • Knee Injuries can be caused by the direct impact of the knees on the ground or twisting or hyperextending the legs. Fractures, dislocations, Anterior Cruciate Ligament injuries (ACL), Posterior Cruciate Ligament Injuries, and Collateral Ligament Injuries as well as Meniscal Tears and Tendon Tears can all be considered injuries.
  • Bone fractures can be caused by the body’s impact on the ground, forcible twisting or the outstretched arms that a fall victim uses as a brace.

Injuries commonly sustained in accidents involving industrial equipment

Many industrial injuries are caused by defective products or equipment. Some examples of injuries include:

  • Burn Injuries that result from the use of dangerous machinery at the work site.
  • Crush Injuries and Amputations involving Mangling. Total or partial loss of fingers or arms, legs, feet, or toes.
  • Avulsions are injuries that cause degloving (i.e. Avulsions are the removal of large amounts of skin from the underlying tissues.

Personal Injury Attorneys at John W. Stenson

Our attorneys are available to help you with your injury claim. They will work with your doctors and technical experts to prove the extent of your injuries. For a free evaluation, call our Los Angeles office at (310) 846-1709

 

When a rear-ended accident is your fault?
When is a Rear-End Collision Not Your Fault?

The most common type of accident is rear-ending car collision. These accidents are so common that it can be difficult to understand the laws around rear-end accidents. You may have many of the same misconceptions regarding rear-end accidents as others. For example, the belief that rear-ending accidents are always the fault of the rear driver. This is not always true. This article will explain how to determine if you are at fault for a rear-end collision and what your responsibility is. Contact our Los Angeles car accident lawyer today for more information.

WHEN YOU’RE THE REAR DRIVER…

In a rear-end collision, the driver at the rear and the insurance company can all assume that you are the one responsible. But, just because you are the rear driver does not mean that you are to blame. Rear-end collisions can be caused by the actions of the rear driver, but they don’t have anything to do with their actions.

  • The forward driver brakes abruptly and unintentionally without any good reason.
  • The rear brakes of the driver’s vehicle are not working properly.
  • The brake lights and tail lights of the forward vehicle have been damaged;
  • Forward drivers cause accidents by turning in front or changing lanes in front of rear drivers.

Our Los Angeles personal injury lawyer can help you prove that one of the factors mentioned above could have contributed to your accident.

rear ended accident in los angeles

WHEN YOU’RE THE DRIVER THAT’S HIT

If you are the driver who has been hit from behind, and none of these applies to you, then chances are the rear driver was:

  • Do not follow too closely
  • Tailgating;
  • Drive aggressively
  • Distracted
  • Driving while impaired or fatigued.

Our personal injury lawyers in Los Angeles can also open an investigation into your case to prove fault to the other driver.

DO NOT ASSUME THAT YOU ARE AT FAULT!!

Do not assume the other driver or insurance company has told you that you are at fault in a rear-end collision. Don’t accept a settlement offer. You have the right to refuse a settlement offer and negotiate for fair compensation.

CALL OUR LOS ANGELES PERSONAL INJURY ATTORNEY TODAY

Los Angeles rear-end collisions can result in you being held responsible even if your actions were not negligent. You can trust our experienced team of car accident lawyers to do everything possible for you. All you need to do to start an investigation on your case is to call us. Free consultations are available and we work on a contingency basis. To get started, contact us by phone or online.