August 2009 Archives

Automobile accidents in which drivers or passengers are seriously injured or killed are always terrible. When there is doubt as to the cause of the accident, which may be hidden by vehicle damage an experience personal injury lawyer can research and investigate the real cause of the harm. Here are two actual accident cases:

Safety-check Failure
Three disabled and elderly residents returning to their group home from a picnic outing were killed when ejected from their van, which overturned in a crash.  A jury awarded compensatory and punitive damages to the decedents' survivors when the investigation revealed liability on the part of the group home.  Research uncovered that the group home was negligent in hiring the driver, who had extensive criminal and traffic-violation records.  He also failed to conduct a safety check on the van, which had a flat tire, prior to departure because he was under the influence of alcohol and illegal drugs.

Negligent Hiring
After a driver who was struck from behind by an 18-wheel truck suffered brain damage, examination revealed that the truck driver's employer and a professional driving organization had failed to conduct criminal-background checks, which would have revealed the semi-driver's two previous accidents and felon status.  The injured driver and his wife received a negligence settlement from the trucking company following the first day of trial.

If you have been involved in any type of accident, call the experienced lawyers at Cohn & Swartzon, P.C. at 888-444-1955 to help you obtain just compensation for your injuries.

A collision occurred early on the morning of August 21, 2009 at the intersection of Myford Road and Bryan Avenue in Tustin. According to a report by the Orange County Register, a Nissan SUV driven by Jong Chun was turning south onto Bryan Avenue from eastbound Myford Road when he was struck by a Toyota sedan. Mr. Chun's wife, Hae Chun, complained of pain in her chest following the incident. The driver of the Toyota sedan, an unknown woman, was taken to the hospital in an ambulance after being extricated from her vehicle. The unknown woman's condition has not yet been released.  Whenever you have been involved in an accident, your best bet is to contact the attorney's at Cohn & Swartzon, P.C. at 888-444-1955 to help you through the process and obtain the recovery you deserve.

Unfortunately, accidents (automobile, motorcycle and trucking) are an all to common occurrence--especially when driving in California.  More often than not, most most people are often confused and unsure about what to do in the immediate aftermath of an accident.  One thing most people who have been involved in an accident will tell you is that the adrenaline pumps through your body and may cloud you from thinking clearly.  To help is short auto-accident checklist.  After an accident you should:

• Stay calm.
• Check for injuries (but do not move a seriously injured person unless they are in further danger because of traffic or other circumstances).
• Call the police.
• Promptly seek medical attention.
• Obtain the key information (license plate, insurance, address, phone number, type of car, etc.) from each of the drivers involved as well as witnesses.
• DO NOT give a recorded statement or sign any paperwork with the other side's insurance company.
• Do not admit fault.
• Document all that you can and take photographs, if possible (even with your cell phone camera).
• Let the insurance company know about the accident even if it was not your fault.
• Call an attorney. 
  

If you are involved in an accident, let the team of attorneys at Cohn & Swartzon, P.C. at 888-444-1955 help you with deal with your injuries and your claims.

After an accident, whether of not anyone is injured, everyone knows to call their insurance company to begin the claims process if they were at fault.  But even if you were not at fault for the accident, you should still call your insurance company to report the claim.  The reason is two-fold.  First, insurance companies typically impose various conditions on coverage including that the insured give timely notice, give a statement under oath and provide proof of loss.  If there is any delay in giving notice, insurance companies can attempt to deny coverage under the insurance policy arguing that it has been substantially prejudiced by the delay.  Why is this important if you were not the responsible party?  Because you may need to look to your insurance for coverage of the accident.  This brings us to the second reason why providing notice to your insurance company is important.  After an accident, people generally exchange insurance and other relevant information at the scene.  However, simply because someone gives you insurance information does not necessarily mean that they are covered.  Coverage could be denied because the driver was an excluded driver on the policy, the policy could have lapsed for lack of payment, the policy could have simply expired and never been renewed.  If that is the case, you will need to look to your own policy for uninsured motorist coverage and payment for property and personal injury damages.  Moreover, even if the other party has coverage, you may need to look to your underinsured policy if the responsible parties coverage are to low to pay for all of your property and personal injury damages. After an accident, call the team of Cohn & Swartzon, P.C. and we will make sure that your receive the compensation you are entitled to.