Personal Injury Law
Car accident deaths are one of the number one causes of death in California. You probably see negligent and distracted drivers every day if you commute to work. The number of motor vehicle accidents appears to be on the rise due to people talking on cell phones while driving, texting while driving, and using different monitors for directions. If you or someone you know has been injured due to the negligence of another driver, call the Oakland car accident lawyers at Spencer Young Law for a free consultation about your rights.
Negligent driving occurs when a person operates a vehicle in an unsafe manner. Negligence is based on a “reasonable person” standard. It is not a black and white answer. However, if you have been rear-ended while sitting at a stop light, “t-boned” while going through an intersection when you had the green light, or someone swerved into your lane while texting, the other driver was most likely negligent.
It is important to call an experienced personal injury attorney promptly after an accident, even if you or a loved one is in the hospital or suffered a wrongful death. You have two years to initiate a car accident lawsuit in California against a private person, i.e. someone who does not work for a city, county, or state government. If your car was hit by an AC Transit bus driver, you must file the appropriate claim form(s) within six months of the accident to protect your rights. No matter who hits you, it is always best to call a local Oakland car accident attorney immediately so they can collect evidence and advise you of the applicable statute of limitations.
Below are some common scenarios our clients call us about:
Example 1: Joe is driving towards Emeryville on Interstate 80 from his job in Berkeley. As he approaches the 580 turnoff towards Oakland and Hayward, traffic is stopped. He looks in his rear-view mirror and sees a woman on her cell phone driving fast. She breaks right before hitting him. Joe suffers a serious spine injury and cuts on his face. Joe’s family member should call an experienced personal injury attorney immediately who can get an expert on the scene to collect whatever rubber, glass or metal might have been left on the ground. The attorney should take all steps to secure any video evidence that might exist. Joe has two years to file a car accident lawsuit in Alameda County.
Example 2: Jessica is driving home from Fruitvale BART station in Oakland. She approaches an intersection. The light turns green and she proceeds. A county bus driver tries to beat the red light and hits her from the side causing her head to hit the glass on her door. She suffers a traumatic brain injury, a broken shoulder, and severe lacerations from glass. She will also lose substantial wages and overtime because she has to take medical leave to recover. Jessica’s spouse, family member or friend should call a local personal injury attorney right away because evidence needs to be collected. Jessica only has six months to file the appropriate claim with the county for injuries associated with the bus accident. If Jessica waits six months and just one day after the accident, she probably cannot file a bus accident lawsuit.
Example 3: David is riding his bike in the bike lane in Napa, California. Some local teenagers are drinking and driving after school. Their parents gave them some alcohol to celebrate their graduation from high school but did not know they would be driving. The driver starts texting his friends about a party, swerves off the road, and kills David. David’s family member should call a wrongful death attorney who can hold the parents liable for negligence for giving alcohol to minors, and the driver liable for drinking and driving. David’s personal injury attorney can also likely use the parents’ homeowner’s insurance or umbrella insurance policies to pay for the family’s lost future income due to David’s early passing.
Car accidents are always inconvenient, usually painful, and sometimes, unspeakably tragic. Bad things happen to good people all the time. When car accident victims call Spencer Young Law in Oakland, we listen, learn, lead and win. We can answer your questions about future medical expenses and how to deal with insurance companies. We always pay referral fees to attorneys who refer personal injury cases. Call now for a free consultation or a discussion about referrals.