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Recent Posts in Car Accident Category

April 09, 2010
  Recovering Damages After a Car Accident
Posted By Law Office of Nelson C. Barry, III

It is terrible when someone gets into a car accident especially when it is someone else's fault. Accidents should not happen to anyone; they often bring misery, pain and disruption of lives to the victims and their families. However, as long as drivers are driving too fast, driving too close, texting, talking on the phone or not paying attention for other reasons, many preventable accidents will continue to happen.

After an accident, there are certain important things that one should do. The first step is to get the police to do a report at the scene of the accident. If the police report confirms that it was the other person's fault, this usually will not be disputed by the responsible person's insurance company. The report will also have all the other necessary information; driver's license number, addresses, home and work telephone numbers, name of insurance companies and policy numbers and vehicle license numbers. If the police do not come to the scene, get this information yourself. Without a police report, witnesses who confirm that it was the other driver's fault are very helpful so be sure to get their names, addresses and telephone numbers. Finally, take pictures of the cars, the area where the accident happened and the people involved as soon as you can after the accident; preferably before the cars are moved. The police usually do not take pictures so your pictures may be the only ones ever taken.

If you have collision coverage, get your car repaired at one of your insurance company's "approved" repair shops. This way if there is any problem when you pick up your car, you can take it back until it is done right. Your insurance company will later collect the repair cost from the other insurance company so your rates should not go up.

Remember, no insurance company, even if it is your own, will offer you the full compensation for your losses. Statistically, accident victims with serious injuries receive three times the compensation with an accident lawyer than they do if they represent themselves. Nelson C. Barry III is a San Francisco car accident lawyer who has 31 years of experience. The initial consultation is always free as is his "no recovery, no fee" rule.

Consult an attorney early. It will not cost you anything and you will get advice that will most likely help you avoid mistakes that could cost you and your family money later.

San Francisco Personal Injury Attorney, Nelson Barry specializes in protecting people with serious injuries. He will make sure his clients are compensated for their losses such as property damage, medical expenses, income loss and for physical and emotional losses.

Continue reading "Recovering Damages After a Car Accident" »

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March 10, 2010
  How Long Does it Take to Settle a Personal Injury Case?
Posted By Law Office of Nelson C. Barry, III

There are many factors that need to be considered before an attorney can predict when your case will settle. Some cases are simple and might be resolved within a few weeks whereas others might take several months or as much as three years to resolve. One key factor is how long it takes for the injured person to heal. Lawyers usually want to wait until their client is completely healed (or at least as good as they are going to get) because settling earlier almost always means settling for less than full value. Another factor is whether the other party admits the accident was their fault.

Cases that take the longest are often those that involve dispute as to who is to blame for the accident and those with injuries that take a long time to heal. Typically, an auto accident claim takes 6 to 12 months; medical malpractice might take one or two years; workplace injury claims may take a year or so and wrongful death claims may settle right away or they might also take the longest, over three years.

Filing a legal claim for the personal injury is a serious matter and involves many complexities – the foremost of which is the tenacity with which the opposing lawyer fights the case. Other complexities concern obtaining evidence and testimony to support your case and dealing with people such as insurance adjustors and medical professionals.

Consulting an experienced  personal injury attorney who has no fear of going the distance for his client is important because getting a lawyer who is a fighter will almost always result in a better settlement. You want a lawyer who will be diligent and aggressive when handling your case; someone who will guide through the strategies of the case and protect your interest. In the end, the injury victim should be fully compensated and this means being paid for their medical bills, their income loss, their property damage and their pain and suffering.

At Law Office of Nelson C. Barry III, the philosophy is that they and their clients are a “team” so Mr. Barry and his staff understand and listen to their clients and work hard for them. Mr. Barry’s goal is get his client the best possible result, whether it is by settlement or by going to trial. Mr. Barry is an experienced and aggressive San Francisco Personal Injury Attorney who has been obtaining compensation for his clients for more than 30 years. He also conducts free case evaluations and only gets paid when his clients win!

Continue reading "How Long Does it Take to Settle a Personal Injury Case?" »

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February 22, 2010
  Car Accidents - Serious Threat to Public
Posted By Law Office of Nelson C. Barry, III

Government statistics conclude that car accidents are the leading cause of death and  personal injuries in the United States. Car accidents not only cost thousands of dollars, but it also tragically ends lives of many Americans.

Car accidents pose a serious threat to the public often resulting in property damage, injury and sometimes, death. Over the past several years, car accidents/collisions have increased dramatically and so have the number of injuries and deaths. In such cases, it is very important to hire the right  car accident lawyer for yourself, your family or for your friends. A good attorney can educate you and lead you throughout the process of filing a lawsuit with the goal of achieving a settlement that fully compensates the injury victim (for medical bills, income loss, damage to property, general damages to compensate the victim for their suffering). 

Getting behind the wheel is one of the riskiest things we do on a daily basis. Cars weigh a lot and drivers often exceed the speed limits which lead to violent and sometimes catastrophic results. No one expects to hurt someone and no one expects to be hurt but both happen with increasing frequency. If you have been injured due to another person’s negligence or carelessness, immediately contact San Francisco Personal Injury Attorney, Nelson Barry who is an accident lawyer with over 30 years experience! No insurance company, even your own, will fight for your rights so hire someone who will. The Law Offices of Nelson C. Barry is here to do exactly this for you. Mr. Barry is available 7 days a week for consultation and he will come to a client’s home or visit them in the hospital too if it makes things easier for them.

Continue reading "Car Accidents - Serious Threat to Public" »

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February 16, 2010
  Types of Personal Injuries
Posted By Law Office of Nelson C. Barry, III

There are various types of Personal Injuries – Accidents ( car accident, truck accident, Muni accident, Motorcycle accident), Slips/Falls, Dog Bite, Defective Products, Asbestos, Wrongful death and domestic violence, to name a few.

The most common type of personal injury is Auto Accident which is mostly caused by other party’s negligence due to one of the following reasons:

  • Distraction
  • Furious driving
  • Under the influence of drug/ medicine.

Slips/Falls cases occur when people are injured when they slip, trip or fall due to rugged and unsafe surface conditions.  Rough surface, wet floors and uneven floors are some of the causes of slips/falls that can lead to severe injuries and in those cases the victim is entitled to compensation; usually called a personal injury settlement.

Another common type of personal injury is Workplace Injury.  In addition to a worker injuring themselves or being injured by a co-worker (which lead to workers compensation claims) some workers are injured by someone who is not employed by a co-worker.  These are called “third party” claims.  In These circumstances, the injured worker can often make both a worker’s compensation claim and a third party claim which means they get worker’s compensation benefits and they get compensated for their losses from the person who caused the injury (or their insurance company).

Defective Products also cause injuries.  It is not uncommon for products to be sold or otherwise find their way into our homes or places of work even though the manufacturer knew that the product is dangerous.  In such cases, the manufacturer can be held liable and required to pay compensation to the person injured by their product.

Perhaps the most serious personal injury case is one for Wrongful Death which happens when a person is killed due to negligence or carelessness of an entity or an individual.  Families of the victim are entitled to receive compensation for the loss of their loved one.  This can include not only compensation for their pain and suffering, but also for funeral and burial expenses, for medical bills, for loss of the deceased’s income and other economic losses.

If you have ever been injured due to any of these causes, don’t take sick leave and sit at home; you are eligible for personal injury compensation.  Contact Nelson Barry, a highly experience, aggressive and successful Personal Injury Attorney in San Francisco. Mr. Barry has represented thousands of clients and has obtained many millions of dollars in compensation for them.  Call and let him get you what you deserve.

Continue reading "Types of Personal Injuries" »

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February 08, 2010
  Choose the Right Personal Injury Attorney
Posted By Law Office of Nelson C. Barry, III

Personal Injury hurts both physically and emotionally. Personal Injury can be an automobile accident, animal attack, exposure to hazardous chemicals, workplace death, or battery. It is damage done to the body and to the mind by negligence of others and the law allows the victim to take action against the injurer to recover his/her claims.

It is extremely critical to pick a personal injury lawyer who is experienced, trustworthy and skilled in delivering outstanding results. Thousands of people get hurt everyday and settle for less compensation than they deserve because of the lack of knowledge and/or because of picking the wrong attorney.

If you are a personal injury victim planning to get legal advice from a lawyer, select the attorney who specializes in personal injury cases. A good  Personal Injury attorney will educate you about the matter, will treat your case as his own case and will aggressively represent you and get you the compensation you deserve. It is very important to understand that attorney’s advice and strategies will have a huge impact on the result of the case.

Personal injury cases cover claims for physical losses such as pain and suffering, emotional distress and financial losses such as lost wages, medical expenses and property damages.

Although, there are a large number of personal injury attorneys who claim to handle your case, you need to find an attorney who can maximize the compensation for your injuries. An experienced and assertive personal injury lawyer ensures the success of the arbitration. If you are looking for a competent and experienced attorney, contact San Francisco Personal Injury Attorney Nelson Barry.

Continue reading "Choose the Right Personal Injury Attorney" »

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December 22, 2009
  Be Safe: Put Down that Cell Phone
Posted By Law Office of Nelson C. Barry III
December 22, 2009

Sometimes annoying laws can actually be for our benefit.  No cell phone use (including texting) is one such law in California.  Some often find driving/commuting to be a boring endeavor.  Drivers are often tempted to "multi-task" by chatting either for work or pleasure, but these distractions can sometimes prove deadly.

One-third of all teens ages 16 and 17 have texted while driving, according to a November survey of 800 teens by the Pew Internet & American Life Project. This staggering statistic has led to a Bay Area initiative to encourage teens not to text and drive.  The intiative, termed TXTNG KILLS asks teens to pledge to not text while driving and memorializes their pledge with a thumb ring.  (Oakland Tribune)

Texting while driving became illegal in California on January 1, 2009. So far, the state doesn't have statistics on how many crashes have been caused by texting. However, distracted driving caused 515,000 injuries and 5,870 deaths in 2008 nationally, according to the National Highway Traffic Safety Administration. (Oakland Tribune)

So, refuse to become a statistic, put away those phones and drive safe.  However, if the unfortunate does happen and you are involved in an accident please contact  San Francisco Accident Attorney Nelson C. Barry III for advise on how to make sure you are fully compensated for your injuries.
Continue reading "Be Safe: Put Down that Cell Phone " »

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December 21, 2009
  I-880 a Commuter's Nightmare?
Posted By Law Office of Nelson C. Barry III

December 21, 2009

While commuting to work from the East Bay this morning, I found it very difficult to merge onto I-880 toward the Bay Bridge.  Traffic was so tight, in fact, that the car in front of me merged in front of a semi truck whom either did not see the car or could not brake in time.  The impact was slow and non life-threatening, but definitely scary as I watched the small sedan lift up in the air, drop back onto its tires and then pushed down the freeway several feet before coming to rest. My merging experience is not unique.

I-880 has the dubious distinction of holding down four of the top six spots on Roadshow's Dirty Dozen list — an unscientific annual ranking of the highways, expressways, interchanges and intersections we complain about most. It is based on the hundreds of calls, e-mails and faxes that roll into the Roadshow desk every week. (Oakland Tribune)

Travelers interviewed for this article described various I-880 intersections as:

"Horrible,"

"A scary experience.  From northbound 880 to 101, the barrier wall is covered with black marks and scrape marks. There are often tire tracks headed off of the other parts of the cloverleaves where people have missed turns."

"A study in terror, a regular white-knuckle, with people slowing rapidly, speeding up rapidly, merging, etc."

We here at the Law Office of Nelson C. Barry III wish everyone a safe holiday season and hope that you avoid scary traffic incidents if you must travel during this season.  Steer clear of busy freeways like I-880 and Hwy 101, whenever possible.

However, if you are involved in an accident please contact  San Francisco Accident Attorney Nelson C. Barry III for advise on how to make sure you are fully compensated for your injuries.

Continue reading "I-880 a Commuter's Nightmare?" »

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October 15, 2009
  San Francisco Bay Bridge's S-Curve a Traffic Hazard
Posted By Law Office of Nelson C. Barry III

On October 14, 2009 a large Shipping Truck lost control and flipped onto its side, blocking 4 lanes of traffic and creating havoc for commuters while it took nearly six hours to clear up the mess caused by the truck. 

The cause of the accident was apparently speed, as investigators say that the driver was surprised by the S-Curve and was driving at 55 mph while the posted speed is 40mph. SFGate.  

However, this is not the first reported accident caused by the new S-Curve that was installed during labor day of this year.  "CHP Officer Shawn Chase said the S curve is proving to be a safety problem. As of Sunday, he said, the CHP had logged 20 accidents eastbound on the curve since it opened and eight westbound. None of the accidents has been major, he said, and most were simply fender benders. Scuff marks on the railing bear testimony to drivers who have taken the turn too fast, he said." SFGate

While accidents on the bay bridge are on the rise, the Law Office of Nelson C. Barry III wants to take this opportunity to caution drivers of this hazard because the best defense against auto accidents is prevention.  If you are involved in an accident please contact  San Francisco Accident Attorney Nelson C. Barry III for advise on how to make sure you are fully compensated for your injuries.
Continue reading "San Francisco Bay Bridge's S-Curve a Traffic Hazard" »

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October 14, 2009
  TOP 10 THINGS TO DO WHEN YOU ARE IN A CAR ACCIDENT
Posted By Law Office of Nelson C. Barry III

You are driving along, minding your own business and someone crashes into you. Most commonly they rear end your car or they run a red light. Your immediate reaction is "What the ..." You are confused, maybe angry, maybe in shock. So now that you are in this wonderful state of mind, how are you supposed to calm yourself and do all the  right things in the next few minutes? Well here are 10 suggestions. Put them in the folder that holds your vehicle registration and insurance information so that it will be easy to  pull out if you ever need to consult it. I will keep this brief because when you do need it, you will want it straight, clear and simple.
 
1. Naturally, first check to see if everyone is ok and get them medical attention if they need it.
2. Be safe. If you are on a busy freeway, get to a safe place. If there is a chance that your car might get hit again by passing cars, don't stand in front of it where  it can get pushed into you. Stand on the other side of it.
3. Exchange information with the other person(s) involved. (Names, addresses, telephone numbers, driver's license numbers AND insurance information (name of company and policy number).
4.  Call the police. Get a police report to document that the accident was the other person's  fault. Often the police won't come if no one was injured (in which case the police just tell you to exchange information and then let the insurance companies deal with it). 
5. Get the names, addresses and telephone numbers of any witnesses (especially if the police are not going to do a  report) so we can contact them later to get them to verify that the accident was the other person's fault.
6. Take pictures. Almost everyone has a digital camera or a camera phone. Take pictures of the scene of the accident, of the cars and of the people involved. These will be helpful later to show how  the accident happened and who was involved.
7. Get prompt medical attention. In other words, get checked out by a doctor. This is important for  two reasons: first, if you are injured, you need immediate medical attention. Second, the medical records will be helpful later to document your injuries. Continue to get medical  attention for as long as reasonable (weeks  or months etc)
8. If  you need to miss work because of your injuries, get a disability slip from a doctor to confirm that  it is medically necessary for you to take time off. Do this even if you are self-employed (where you don't need a disability slip to give to your "boss" because you are the boss) because later the insurance company for the person who hit you will claim that you should  not have missed time from work or that  you took too much time  off from work.
9. Get YOUR insurance company to pay for the repairs of your car. If the accident is  the other person's fault, your rates will not get raised because your  company will get reimbursed by the other guy's company later. Your company will treat you fairly with respect to fixing all the damage, with respect to your rental car charges and will stand behind you if the car is not fixed to your satisfaction. The other  guy's company will do none of these things.
10. If you think there is even a chance that you will be making a claim, contact a lawyer right away. The initial consultation is always FREE and it is  smart to make sure that you are doing everything right. Everyone knows that the insurance company for the person who hit you will do anything it can to wiggle out of paying you a fair amount so talking to an experienced lawyer will almost always increase your chances of getting a more favorable settlement.
 
Drive safe and always be on the look out for  the other guy. But if that does not work and someone gets you anyway, the 10 suggestions above will cover almost every problem you encounter.

For more information on this or other car accident related issues contact San Francisco Car Accident Attorney Nelson C. Barry III.
Continue reading "TOP 10 THINGS TO DO WHEN YOU ARE IN A CAR ACCIDENT " »

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October 14, 2009
  SHOULD I GET ALL THE "EXTRAS" THAT COME WITH BASIC AUTO INSURANCE? PART III.
Posted By Law Office of Nelson C. Barry III

COLLISION COVERAGE is  where  your insurance company pays for the repair of you car regardless of how it gets damaged (i.e. your drunk cousin runs the car into the lake). This type of coverage is almost always required when you finance your car (i.e you have to make monthly payments for a year or two or three). In most cases, if your car gets wrecked, you still  have to make  your monthly car payments. If you have COLLISION COVERAGE, your insurance company will either repair your car or pay you the market value for it whichever is cheaper. If you still owe money on the car, the money from your company will allow you  to pay off the note.  
 
Many people  with older cars or cars with lots of miles on them,  decide it is  not worth it  to buy collision coverage. For these people, they can collect the cost of  repairing their car from the person who caused  the accident (if that person can afford to pay or from that person's insurance company but the insurance company almost always pays so  little that  many people are highly dissatisfied).
 
A common misunderstanding is that if you report the accident to your company, your rates will go up even if the accident was clearly the other guys fault. This is a mistake. If the  accident is the  other person's fault, I recommend you get  your repairs done through your company because  they will pay for the repairs to  your car (or, as noted above, will  pay you the value of the car if it is a total loss) and then seek to  be reimbursed by the company for the guy who caused the accident.  Your company almost always gets their money back so you don't have to worry about your rates going up. Your company will  also be much easier to deal  with and much more responsive (i.e. faster) than dealing with the other guy's company.
 
The amount of  collision coverage is easy to determine; namely get enough to cover the cost of your car if it ever gets totaled. That way if it is totaled you get  enough money to replace it (and more than enough in cases where  the car is damaged but  not so much as to classify it as a "total" job). And get the tow  coverage (almost always  included  automatically but  check with your  agent to be safe)  and the rental car coverage (so you  can get a Mustang convertible and look good as you tool  around while your car is in the shop.) One caveat to the rental  car coverage; be sure to be  on the same page as your  company when it comes to  how much they will  allow daily for  rental car  coverage (usually  it is about $20/per day) and  as  to how long they think it is reasonable for you to have the car. Almost always this depends on how  long the mechanic is  going to take to repair your car (but people's  mechanics who  take too  long to fix the car usually wind up having to  argue with their company about who is going to pay for the  extra  car rental - and the companies  usually win so be sure to check in with your adjustor every few days while you are using a rental car to make sure they are ok with you continuing to use a rental car).
 
Ok, that is it for today. Be on the look out for my next posting where  I will recommend what  you should do if someone else hits you and it is their fault! (i.e. get  the contact information for them and their insurance company, get prompt medical attention and take lots  of pictures of  the cars, the area where  the accident happened, and  call  a lawyer  who is experienced in personal injury cases to get him  or her  on board early).

For mor information of car accident related issues contact San Francisco Car Accident Attorney Nelson C. Barry III.
Continue reading "SHOULD I GET ALL THE "EXTRAS" THAT COME WITH BASIC AUTO INSURANCE? PART III." »

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October 14, 2009
  SHOULD I GET ALL THE "EXTRAS" THAT COME WITH BASIC AUTO INSURANCE? PART II.
Posted By Law Office of Nelson C. Barry III
Should I get Uninsured/ Underinsured Motorist Coverage?

YES! YES! YES!

Uninsured motorist coverage  and underinsured motorist coverage come together; i.e. they are not two separate "extras" that are  offered by your auto  insurance carrier. Underinsured motorist coverage is you buying insurance for the guy who does not have insurance when some day in  the future he hits you. So this  means you can go up against  your own insurance carrier and get everything that you could get from the insurance carrier for  the guy who hit you if he did have coverage. This  includes reimbursement for  your medical  bills, your lost wages  (even if  you used sick leave and/or vacation time) and  money for your pain and suffering. When you buy your uninsured morotist insurance, you  pick  the limit of how much your company will  pay you if you are hit by an uninsured motorist. You can get a $15/30k policy, a $25/50k policy, a $50/100k policy, a  $300/500k policy etc. Therefore, if you get hit by an uninsured motorist (and some people claim that 1/3 of  all drivers are uninsured and given the tough financial times, I  would not be surprised the percentage is closer to 40%!) you can collect from your insurance carrier. No one ever thinks they will  get in an accident, much less one caused by an uninsured motorist but when they do, boy oh boy, are they glad they have  UM  coverage. 
 
Underinsured motorist coverage (UIM) comes automatically with your uninsured motorist coverage in most cases. It is all  about  your insurance company paying you if you get in and accident and it  is the other person's fault but it  turns out that the other side is  underinsured; namely they caused more damage than their insurance can cover. So if someone hits you and causes $50,000  in damages ($10,000 to your car, $15,000 in medical bills, $5,000  in income loss and the going rate for your pain and  suffering is $20,000 - all that adds up to  $50,000) and it turns out that they only have $15k in insurance (the minimum required in California) your company will pay you up to the limit of your underinsured motorist coverage but your company gets a credit for the amount you received from the other guy's insurance company.  So if you had $25k in UIM coverage and you got the other guy's maximum of $15k, then your company (assuming your  company agrees that your case is worth more than your limit of $25k) will pay you $10k more to bring  you up to the amount that you decided you wanted to be paid if you were hit by a UM  or UIM driver. If you bought a $50k UIM policy, and  everything else was the same as I  mentioned above (i.e. your case  was  worth $50k), your  company would get a credit for the $15k you got from the other guy's company and they would add on $35k more to bring you up to $50k that you received  for  your accident.  I have $300k  in UM/UIM coverage  because it is common for cases to exceed $100k and often even exceed $500,000. If you make close to (or more)  than $100k/year  and  an accident caused  you to be off work for 2 or 3 years, the total value of your case could well  exceed $1 million! So if you want to be secure  in the knowledge that  no matter  who  hits you  (an uninsured or even an underinsured driver), you will be covered, then a decent amount of UM/UIM coverage. This kind of coverage is  often most economical to buy if you use a combination of a  primary insurance policy and a umbrella coverage. I have $300k in UM/UIM coverage that is  taken up to $2 million by my umbrella policy.

For more information on Car Accidents please contact San Francisco Car Accident Attorney Nelson C. Barry III.
Continue reading "SHOULD I GET ALL THE "EXTRAS" THAT COME WITH BASIC AUTO INSURANCE? PART II. " »

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October 14, 2009
  SHOULD I GET ALL THE "EXTRAS" THAT COME WITH BASIC AUTO INSURANCE?
Posted By Law Office of Nelson C. Barry III
 
Continue reading "SHOULD I GET ALL THE "EXTRAS" THAT COME WITH BASIC AUTO INSURANCE? " »

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October 01, 2009
  HOW MUCH IS ENOUGH AUTO INSURANCE?
Posted By Law Office of Nelson C. Barry III
The law in California is that every driver must have a  minimum of $15/30 coverage ($15,000 per claim,  $30,000 maximum). This is fine if you don't have any assets or a job or job potential. In other words, even the most minor accident can cause you to be liable for more then this $15,000 per person limit (and for more than the $30,000 limit too!). So if you have a  job, or a  house, or might inherit something someday (because if someone gets a judgment against you, the judgment is good for 10 years and can be re-newed every 10 years for the rest of  your life!) get enough insurance. This does NOT mean get $100,000 if  you want to  protect your $100,000 worth of assets. What $100,000 in insurance means is that the insurance company will pay the first $100,000 of the judgment and then it  is up to you to come up with the  rest so if you have $100,000  in assets and  you cause $200,000 in damages, your insurance money AND your assets are gone.  So the  point is to get as much insurance as is reasonable to let you sleep soundly. The general wisdom among this personal injury attorney's friends is $2,000,000. This can be secured most economically through the use of a primary policy and one or two umbrella policies (because  umbrella policies are  very cheap considering how much protection they provide).
 
Until next time, drive safely because the best form of  protection is to not hit anyone. (hey you, put down the phone and drive!).

For more information on car accidents, contact San Francisco Car Accident attorney Nelson Barry.
Continue reading "HOW MUCH IS ENOUGH AUTO INSURANCE? " »

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