Archive for the ‘ Car Accident’ Category

The Elements of Your Car Accident Lawsuit

Thursday, May 26th, 2011

If you’re been injured in a car accident and are contemplating filing a lawsuit, you should first get a general idea of the elements you need to prove in order to win your case.

 

Proving negligence.

 

The general theory to use in a car accident lawsuit is negligence. Your Orange County auto accident lawyer will have to prove that the defendant was negligent by establishing all of the following elements:

  1. Duty. When a driver gets behind the wheel and operates a vehicle, a duty of care to anyone within a reasonably foreseeable distance (including pedestrians, passengers, and other drivers) arises. There can also be a duty of care if someone (such as an employer) is responsible for the acts of another.
  2. Breach. The defendant breaches his duty of care when he fails to act as a “reasonably prudent person under similar circumstances” would.
  3. Causation. The defendant’s breach of his duty caused your injuries. That is, you wouldn’t have been injured if it hadn’t been for the defendant’s breach of duty.
  4. Damages. You suffered damages as a result. This usually consists of: (a) past and future medical expenses; (b) past and future pain and suffering; and/or (c) past and future disability, such as lost wages or income.

 

There may be more than one possible defendant at fault.

 

You should consider all the possible defendants in your lawsuit, including:

(1)   The defendant’s employer, if the defendant driver was working during the accident;

(2)   A private company, if one of the traffic signs malfunctioned and if the private company (instead of the city) was in charge of maintaining the signals.

(3)   A contractor, if it didn’t do its work properly in constructing roadwork.

(4)   Someone who obstructed drivers’ views, such as by double parking.

(5)   The car manufacturer, if there were any manufacturing defects in the car that caused the accident.

(6)   The person or business that provided the defendant with alcohol, if the defendant was drunk driving at the time of the accident.

 

Your Orange County auto accident lawyer may also consider filing a claim under your uninsured motorist insurance policy if either: (a) you were in a hit-and-run accident, or (b) the defendant doesn’t have enough liability insurance to cover your costs.

 

If you’ve been injured in an automobile accident, experienced Orange County auto accident lawyer Samer Habbas can help you. Simply contact me by filling out the form on this page for a free initial consultation.

When Will My Orange County Car Accident Trial Take Place?

Tuesday, May 3rd, 2011

One of the most common questions an Orange County car accident lawyer is asked by clients is, “When will the trial take place?” However, due to the variety of factors that can impact when your case approaches the trial stage, this question cannot be answered. Among the factors that can affect when your case reaches trial are:

* The number of judges available to hear trials.
* Other trials the lawyers in the case may have pending in other areas.
* The amount of cases that have yet to reach the trial stage.
* The format of the trial calendar. (For instance, some trial calendars may have what is known as a “trailing docket,” and criminal trials may or may not have priority depending on the trial calendar.)
* The completion of all discovery procedures, including depositions and interrogatories, by both sides.
* Various other possible factors.

In some states, a case can reach trial a year or less after the initial suit has been filed; however, in some jurisdictions this process can take several years. Regardless, an Orange County car accident lawyer should be able to inform you when your case reaches the trial stage.

Another common question clients have is, “How much notice will I get before trial?” Although you will likely receive ample notice to prepare for trial, in some jurisdictions you may have to “get ready” multiple times before your case actually reaches trial. In some areas, court will schedule many cases for trial, but only a few reach the trial stage. An Orange County car accident lawyer will clarify this process for you.

If you have been injured in a car accident and require the services of an Orange County auto accident attorney, please contact Samer Habbas at (888) 848-5084 for a free evaluation of your case.

Paying Medical Bills After a Car Accident

Tuesday, March 15th, 2011

If you have been seriously injured in a car accident, you may be accumulating substantial medical bills. These bills can be paid in a number of ways. They may be paid by your own health insurance—either insurance you receive through your employer, insurance you pay for out-of-pocket, or insurance you receive through your spouse or your parents (if you are underage and living with your parents).

Bills may be paid by medical payments insurance coverage under your own automobile insurance policy if you were driving during the car accident, or the driver’s insurance policy if you were a passenger at the time of the car accident.

Worker’s compensation insurance may pay for the medical treatment if your car accident happened while you were working and as a result of your employment. You may also pay the medical bills out of your own personal funds if you don’t have insurance and you have enough money on hand.

Medical bills paid from the liability insurance coverage of the person who caused the car accident will most likely be paid at the time your case is settled, not at the time that you incur your medical bills.

If you are not immediately able to pay your bills as they are incurred, many doctors or hospitals will wait to be paid until the resolution of your car accident case (through settlement or through a court verdict). In this case, it’s important that you let your doctor know early on that you have no insurance and are unable to pay the bills as you incur them.

If you need a car accident lawyer to help with your case, please call me at (888) 848-5084 to schedule a free consultation, or use the case evaluation form on this website.

Greyhound Accident on L.A. Freeway Causes Injury

Thursday, February 10th, 2011

A Los Angeles Greyhound bus accident with a smaller vehicle produced injuries on New Year’s Eve according to a January 9 report from Southern California’s traffic accident blog. Reports indicate that a sedan crashed into the back of the Greyhound bus in a collision that injured at least one person. The accident occurred on the 5 Freeway at the 110 interchange. This busy traffic area brings many drivers into and out of the Los Angeles area.

Orange County bus accidents like this often result in unfortunate injuries and even tragic fatalities. Although officials work hard to promote traffic safety in all of the greater L.A. areas, accidents involving public transit buses, Greyhound buses, school buses or other larger vehicles do unfortunately occur.

Those who suffer injuries after being involved in a bus accident may seek out the professional advice of a personal injury lawyer to help them bring a lawsuit against negligent parties to obtain compensation to cover medical bills, lost wages and pain and suffering. The legal process can be confusing and complex, and an attorney can help victims receive what they deserve under the law.

If you or someone you love has experienced injury after a bus accident, call our Orange County bus accident lawyer, Samer Habbas. This dedicated personal injury attorney will use his experience and skills to fight for you and your case. Call The Law Offices of Samer Habbas at 888-848-5084 today for more information about how we can help you.

Unscheduled Show Causes Traffic Jam on 101

Thursday, November 4th, 2010

An impromptu music performance caused a massive traffic jam on the 101 Freeway in Hollywood, and while the October 12 incident didn’t include any reported car accidents, it shows how reckless behavior by motorists can cause problems for police and fire workers.

Both police and fire workers responded to the scene on the 101 near Sunset Boulevard around 10:30 a.m. Three members of a hip-hop band were playing music on a truck that blocked several lanes of traffic. According to police, the driver of the truck had fled with the keys, forcing police to route traffic around the truck for hours. Police took the musicians into custody following the incident. Slogans on the bus indicated that the event was supposed to be an awareness campaign for homeless children.

This kind of event shows how impulsive actions on the roadway can threaten drivers around the Orange and San Bernardino County areas. A huge volume of traffic leads to a high risk of traffic accident which can unfortunately include injuries and fatalities.

If you have sustained injuries in an auto accident in Southern California, call our Los Angeles auto accident lawyer at The Law Offices of Samer Habbas. This experienced personal injury and wrongful death attorney has a history of representing clients and securing compensation in auto accident cases as well as other types of cases. Call 888-848-5084 and you will get compassionate, attentive legal assistance that will help you build a strong case to get the damages that you deserve under the law.