For all the people who claim that California is just “one big suburb,” we offer Oceanside. This mid-sized town is almost exactly halfway between Los Angeles and San Diego, so it incorporates some aspects of both these places. Like LA, the beach is very nice, and it includes a picturesque pier that most other towns along the San Diego Freeway don’t have. And, like San Diego, there is a strong military presence, because Camp Pendleton South is on the edge of town. After experiencing explosive growth for most of its existence (Oceanside was founded in 1888 by the surly-looking Andrew Jackson Myers), the community hasn’t grown much in the last decade or two. Overall, it’s a kid-friendly place with lots of parks and rather modestly-priced housing.
The sprawling Tri-City Medical Center in the east part of town cuts down on the number of catastrophic freeway injuries, because instead of being airlifted somewhere else, these victims get immediate attention. But pedestrian-auto accidents are a serious problem in Oceanside and other California beach towns. Typically, everyone leaves the beach right around sunset, and although a lot of them are locals, a lot of these people are tourists who aren’t exactly sure where they are going. The combination of meandering pedestrians and limited visibility makes the streets dangerous for non-motorists.
How An Oceanside Personal Injury Lawyer Can Help You
The vast majority of negligence cases settle before trial, and that is why an experienced San Diego personal injury attorney makes a big difference in the outcome of your case.
- Gather Evidence: When first responders arrive, their first priorities are to help victims and secure the scene, not gather evidence to support a future claim for damages. So, attorneys usually examine all the physical evidence, like skidmarks, and also interview all the witnesses, even the ones that may not have come forward earlier. Additionally, most ll vehicles have Event Data Recorders, which are basically like black boxes in airplanes.
- Research the Law: Many times, there is a difference between fault and liability. This is especially true because if the victim was seriously injured or killed, the police report only contains one side of the story. So, there may be some theories of recovery that everyone missed at first. Additionally, an experienced attorney knows what arguments against compensation the insurance company will make, and can be prepared to defeat them.
- Arrange for Medical Attention: Even insured injury victims often deal with massive medical bills, because many insurance companies do not pay these claims for liability reasons. That’s normally no problem, because attorneys use letters of protection to see that victims get the specialized care they need without upfront cost.
- Settlement Demand: A local attorney knows how jurors in this part of San Diego County normally think, so they base their settlement demands on actual experience as opposed to guesswork.
At the Injury Trial Lawyers, APC, we go through a similar process to get ready for trial, because in this business, there is almost a one-to-one relationship between preparation and results.
What You Can Do To Help Yourself After an Accident
The best thing you can do is call us before you call the insurance company. Television commercials create the impression that the people on the other end of the phone are friendly advocates who are “on your side.” But in reality, most insurance companies have trained telephone adjusters answering these calls, and these individuals know how to gently extract damaging information with seemingly innocuous questions. As a result, many people reduce the amount of compensation they will receive later without even realizing that they are being manipulated.
The sooner you call, the sooner we can begin the evidence-gathering phase. That’s important, because physical evidence quickly disappears, witnesses move away, and so on. Since victims have the burden of proof in civil court, we must have lots of strong evidence to both make a case and increase the amount of compensation.
Typically, victims must bring suit within two years of the accident, or they lose their right to recovery forever. Since the above-outlined process takes time, we need every minute possible to build a winning case, and it is much more difficult to work with one eye on the task at hand and the other eye on the clock.
Personal Injury Practice Areas
At the Injury Trial Lawyers, APC, we want to do our part to make Oceanside a better and safer place for everyone, because we live here, work here, and play here just like you do. So, we help people and families after:
- Pedestrian Accidents: Speed is usually the critical factor in these incidents, because the serious injury rate jumps from 25 percent at 20mph to 90 percent at 40mph. Distracted drivers hit lots of pedestrians as well, because these people are barely watching the road, let alone the sidewalks.
- Boating Accidents: Most parts of Oceanside Beach have a moderate to heavy current, and that means lots of boat traffic. Boaters are a lot like drivers, because while some of them are cautious and diligent, others are impaired, distracted, or not really qualified to operate the craft.
- Car Crashes: Thousands of motorists are injured or killed on California freeways and streets every year, and almost none of these incidents are “accidents,” because human error causes over 90 percent of car crashes.
- Brain Injury: Head injuries do not get any better without aggressive medical treatment and equally aggressive physical therapy. Even then, the victims and their families must usually make life-altering changes to carry on.
We also handle many workers’ compensation and job injury cases, whether the victim suffered from a trauma injury or an occupational disease.
Insurance Company Defenses
Almost inevitably, insurance company lawyers claim that victims in pedestrian-auto crashes “darted out” in front of the oncoming car and the motorist was powerless to avoid the “tragic accident,” to set up the sudden emergency defense. This doctrine excuses liability if the tortfeasor (negligent driver) reasonably reacted to a sudden emergency. To take the second element first, not every unexpected situation is a “sudden emergency.” Pedestrians cross against the light all the time, so these events are not unexpected situations and thus do not qualify. Even if there was a “sudden emergency,” the tortfeasor must react reasonably, usually by immediately pulling over to the side of the road.
Speak with an Oceanside Personal Injury Attorney Today
For maximum cash as quickly as possible, contact the Injury Trial Lawyers, APC,and we’ll fight for you.