Recent Posts in Car Accident Category
| April 09, 2010 |
| Recovering Damages After a Car Accident |
| Posted By Law Office of Nelson C. Barry, III |
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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. |
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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 |
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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!
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| February 22, 2010 |
| Car Accidents - Serious Threat to Public |
| Posted By Law Office of Nelson C. Barry, III |
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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.
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| February 16, 2010 |
| Types of Personal Injuries |
| Posted By Law Office of Nelson C. Barry, III |
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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.
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| February 08, 2010 |
| Choose the Right Personal Injury Attorney |
| Posted By Law Office of Nelson C. Barry, III |
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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.
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| December 22, 2009 |
| Be Safe: Put Down that Cell Phone |
| Posted By Law Office of Nelson C. Barry III |
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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.
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| December 21, 2009 |
| I-880 a Commuter's Nightmare? |
| Posted By Law Office of Nelson C. Barry III |
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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. |
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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 |
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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. |
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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 |
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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.
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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 |
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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).
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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 |
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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.
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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 |
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The law in California is that every owner of a vehicle is required to have $15/30k in "liability" insurance so if the driver causes injury or damage, his or her insurance company will pay up to $15,000 per person up to a maximum of $30,000). No other form of insurance is required.
Last week (see HOW MUCH IS ENOUGH AUTO INSURANCE?) I explained why it was my recommendation that $2 million dollars is the appropriate amount of insurance to get through the use of primary and umbrella coverage. This week, I will be advising you on what "extra" insurance is worth buying.
The answer is to tell your insurance agent that you also want MED PAY and UNINSURED/UNDERINSURED MOTORIST coverage. Also COLLISION coverage if you want your car repaired.
Med Pay is short for Medical Payments Coverage. Usually your auto insurance carrier will add this onto your policy for a very nominal additional charge. Most companies offer $2,000 or $5,000 in medical payments coverage. Most will also offer $10,000 or even $25,000 (which is what I have). This coverage means that no matter who causes the accident, your medical bills and those of your passengers (remember 40 million Americans (of a total of 300 million) do not have health insurance) will be covered by your auto insurance carrier. Some people say they don't need it because they have health insurance and while there is some truth to this, everyone knows that with standard health insurance, you have to pay your co-pays (which you can get reimbursed for under your Med Pay coverage) and you can only go to certain approved doctors. With Med Pay, you can go to any doctor you want (even chiropractors, acupuncturists and in some cases, massage therapists). Many Kaiser members are unhappy with the type of treatment that Kaiser offers especially physical therapy (which sometimes is along the lines of "Here are two exercise bands; go home and do the exercises we showed you for 6 weeks") and they use their Med Pay to go to a facility like what Jerry Rice or Joe Montana would go to (with hot and cold pack therapy, electro-stimulation, ultra-sound, massage therapy, supervised use of strengthening machines, passive motion therapy/stretching and all around top-of-the-line treatment). Be aware however that some auto carriers classify their Med Pay as "secondary" which means that you must first submit your bills to your health insurance carrier if you have one and if they don't pay, then you can try to get it paid under your Med Pay. Carriers who classify their Med Pay as "secondary" are a huge pain in the neck to get to pay your bills. As a result, many people just give up and pay the bills themselves. So I recommend that you shop around and try to buy insurance from a carrier that does not classify their Med Pay as "secondary".
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| October 01, 2009 |
| HOW MUCH IS ENOUGH AUTO INSURANCE? |
| Posted By Law Office of Nelson C. Barry III |
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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).
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