Posts tagged car accident

Should You Take Time Off Work After a Car Accident?

January 14, 2019 Auto Accidents

A car accident of any degree of severity can throw your life off track, and dealing with its aftermath can

 road accident scene

A car accident of any degree of severity can throw your life off track, and dealing with its aftermath can seem like a full-time job in itself. Before you make any major decisions, consider talking to a car accident lawyer. An experienced attorney can address all of your questions, like whether taking time off from work after the crash might affect your claim or compensation.

The onset of car crash injuries

It’s usually not a good idea to return to work immediately after an accident, especially if you haven’t seen a doctor yet. You may have injuries that you aren’t aware of. During an accident, your body releases a surge of adrenaline that can mask the symptoms of injuries, some of which may be serious. Another consideration is that some injuries are not evident until a day or two after the accident. One common example is whiplash, which might develop as late as 72 hours after the crash.

Because of the potential for late-onset symptoms and slow-developing injuries, you should receive a full medical evaluation before considering going back to work. You’ll also need to see a doctor to substantiate your legal claim. If you need to have medical bills reimbursed by the insurance company, or if you need to file a personal injury lawsuit, you’ll need those medical records to document your losses.

The advice of your doctor

You should always follow your doctor’s advice in the wake of an accident. You should also get that advice in written form. If your doctor suggests that you take time off work, ask her to write a note to that effect. Even if your employer doesn’t require a doctor’s note, you may need that written documentation to substantiate your legal claim.

Too many accident victims try to return to work too soon after being injured. They might worry about the burden placed on their co-workers or they may be concerned about the lost wages. But it’s not a good idea to return to work before you’re medically cleared to do so, especially if you have a physically demanding job. This could only slow your recovery. It may even worsen your injuries, which could complicate your legal claim.

Your legal claim

Keep track of the number of days you’re out of work. Your personal injury lawyer can add your lost wages to your compensation demand. You might be using up sick days or vacation days to recover from your car crash injuries, and you may still be entitled to receive compensation for them. The value of each sick day or vacation day is one full day’s wages. Let your lawyer know about the logistics of your time off, and he’ll do everything possible to help you recover compensation for those lost days.

Get customized legal guidance tailored to your situation

Thousands of car accidents occur in the U.S. every year, but no two car accident survivors are alike. After a crash, you need personalized legal guidance you can count on. You can turn to Sean Salamati, an accomplished car accident lawyer in Los Angeles. At the Salamati Law Firm, you’ll receive the personalized client care and the informed guidance you need to put your life back together after your accident. Call (213) 372-0218 or email [email protected] to request your confidential consultation.

Additional resources for car crash victims

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How To Get Disability Benefits After a Car Accident Injury

December 28, 2018 Auto Accidents

Injuries resulting from vehicle accidents can leave victims with life-altering impairments. From herniated discs and broken bones to traumatic brain

Woman in wheelchairInjuries resulting from vehicle accidents can leave victims with life-altering impairments. From herniated discs and broken bones to traumatic brain injuries, these types of physical trauma can impact every facet of one’s life, leading to anxiety, depression, lack of mobility and serious financial hardships. An injury claim against the at-fault party can seek certain money damages, but in certain cases you may be eligible to receive disability benefits for auto accident injuries as well.

How do you know if your car crash injuries qualify for benefits from the Social Security Administration (SSA)? Only specific kinds of physical and psychological impairment are eligible for disability benefits, and there are strict requirements for submitting an application.

Do you qualify for disability benefits?

In order to apply for disability benefits after a car accident, you must meet the following requirements:

  • You have sustained documented physical or mental impairment that has lasted for one year (or is expected to last this long), and
  • You are unable to engage in the work you performed in the past, and
  • You are unable to receive training for alternative or less demanding work

Regardless of the types of injuries sustained in an auto accident, it’s vital to get prompt medical attention and have a licensed health provider provide thorough documentation on the diagnosis, treatment plan and prognosis. If your doctor or surgeon makes a written statement that he or she has determined your injuries are severe enough to keep you from gainful employment, this can help your claim for disability benefits. For those who are suffering from lasting emotional trauma or PTSD that makes working impossible, you will need a psychiatrist or similar mental health professional to recommend that you receive disability benefits.

Injuries that qualify for SSA disability benefits

While this is not an exhaustive list, the following are some types of car accident injuries that may qualify for disability:

  • Non-healing fractures of the leg or arm
  • Back disorders including spinal arachnoiditis, lumbar spinal stenosis or vertebral compression
  • Soft tissue injuries of the ligaments, tendons muscles, nerves, blood vessels that have lost functionality for 12 months
  • Spinal cord injuries
  • Severe burns of the extremities that restrict functionality and limit ability to perform routine duties related to everyday living
  • Hip and neck injuries
  • Severe gastrointestinal bleeding requiring a blood transfusion
  • Brain damage
  • Speech impairment stemming from a traumatic brain injury
  • Vision or hearing loss
  • Certain anxiety disorders

The Social Security Administration has a long list of impairments, but it is still possible to apply for disability benefits if you suffered a type of injury that a health professional deems medically equivalent to another condition on the list.

Expert legal assistance in Los Angeles

One of the most important steps to achieving the financial help you deserve after an injury is to contact an experienced law firm that focuses on car accident litigation. Los Angeles residents have come to trust Sean Salamati for skilled representation and compassionate, personalized service.

If you have lasting disability after a collision, we encourage you to reach out today for a free case review with a car accident lawyer at Salamati Law.

Additional Resources:

  1. CA Disability Benefits, California State Disability Insurance (SDI): FAQs https://ca.db101.org/ca/programs/income_support/sdi/faqs.htm
  2. EED.CA.gov, SDI Online, https://www.edd.ca.gov/disability/sdi_online.htm
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How To Stay Safe on the Roads on New Year’s Eve

December 27, 2018 Auto Accidents

On New Year’s Eve, it’s traditional to have a glass of the bubbly (champagne) or other drink to celebrate the

Happy new year 2019On New Year’s Eve, it’s traditional to have a glass of the bubbly (champagne) or other drink to celebrate the arrival of the new year. When you’re on the roads, however, make sure that the driver hasn’t been drinking. This is the best way to ensure the safety of yourself and others as we transition into 2019.

Don’t Drink or Use Drugs and Drive

According to the National Highway Traffic Safety Administration (NHTSA), 10,874 people were killed in traffic accidents in which an alcohol-impaired driver was involved last year. That means the driver had a blood alcohol concentration (BAC) over the legal limit of 0.08. In the month of December alone last year, there were 885 deaths in vehicle collisions with a drunk driver at the wheel.

Because of the association of New Year’s Eve and drinking, it’s very possible that there are more accidents with drunk drivers at the wheel both on New Year’s Eve and in the early hours of New Year’s Day.

Don’t be one of them. If you’re going to a party in a home, make sure there is a designated driver or that you can take public transportation or call a friend or a ride-share service to drive you home. If you’re going to a party in a public place or a hotel, do the same – or even think of staying over at the hotel.

The NHTSA even has a free downloadable phone app, SaferRide, that will alert a friend to your location.

And remember that impaired driving doesn’t stem only from alcoholic drinks. Drugs will impair driving sure as surely as drinking will. Use the same safe principles if you take drugs on New Year’s Eve – or any other day. Don’t get behind the wheel.

Remember that many impaired drivers use the same excuses over and over again: they feel they can drive fine, or are just a few miles from their destination. Drivers who are inebriated or high are not good judges of whether they can drive safely or not. Many accidents can happen just a few miles from home.

Follow All Safety Rules

It’s also prudent to remember that all safety rules need to be followed on New Year’s Eve. Wear a seat belt, and make sure that all passengers in the vehicle need to wear one. Obey the speed limit. Follow all the traffic laws.

An Experienced Car Accident Attorney in Los Angeles

If you or a loved one are in a car accident on New Year’s Eve or any other time, call the experienced car accident lawyers at Salamati Law Firm. Sean Salamati has been obtaining justice in Los Angeles car accidents for years. Let him put his experience to work for you.

Additional Resources:

  1. U.S. Centers for Disease Control and Prevention. Impaired Driving. https://www.cdc.gov/motorvehiclesafety/impaired_driving/index.html.
  2. U.S. Department of Transportation. National Highway Traffic Safety Administration. NHTSA Reminds Motorists to Drive Sober this Holiday Season. December 18, 2018. https://www.nhtsa.gov/press-releases/nhtsa-reminds-motorists-drive-sober-holiday-season.
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How Crash Reconstruction Investigators Do Their Job

December 18, 2018 Auto Accidents

A person that causes a car accident will generally be liable for the resulting damages and injuries, but proving who

car accident sceneA person that causes a car accident will generally be liable for the resulting damages and injuries, but proving who caused the accident is not always a straightforward exercise. That proof often turns on the analysis of the vehicles and the accident scene by experienced car crash reconstruction investigators.

The Salamati Law Firm in Los Angeles represents car accident victims who are seeking to recover damages from the parties that are responsible for the accident. We routinely work with automobile crash reconstruction investigators who develop the evidence that we then use both to negotiate with insurers and to prove in courtroom trials that our clients have suffered losses as a result of another party’s negligent or reckless driving.

Crash Reconstruction Part 1: Analysis of the Accident Scene

In most serious accidents, police department crash reconstructionists will examine the scene as soon as is possible after the accident to determine if any of the drivers of the vehicles should be charged with a traffic violation. They will likely take the same measurements and perform the same tasks as a traffic accident engineer who assists attorneys to apportion civil liability for damages in the accident, including:

  • Taking photographs of the accident scene;
  • Measuring visible skid marks on pavement and any roadway damage to extrapolate the speed of the vehicles involved;
  • Examining surveillance video from businesses or ATMs in the vicinity of the accident;
  • Noting weather and traffic conditions at the time of the accident, including the angle of the sun and relative visibility as drivers approach the accident scene;
  • Analyzing debris fields and the dispersal of glass and other materials from the vehicles to assess vehicle directions and speeds immediately prior to the accident.

This information gives investigators a snapshot of the road and other conditions that confronted the drivers immediately prior to the accident.

Crash Reconstruction Part 2: Analysis of the Vehicles

If the vehicles are not drivable, authorities will typically arrange to have them towed to an impound lot or some other location where they can be examined. Because evidence of responsibility for an accident can be dissipated when vehicles are moved, an attorney who represents car accident victims will want an investigator to analyze the damaged vehicles as soon as is possible after the accident. Accordingly, if you are in a serious accident, you can improve your opportunity to recover compensation for your damages and injuries if you contact a car accident attorney immediately.

The attorney’ crash investigator will inspect each of the vehicles, looking for things such as:

  • Air bag deployment;
  • Mechanical defects;
  • Maintenance of important safety systems, such as the breaks and headlamps;
  • The relative amounts of deflection and damage of parts, which can provide critical clues as to each car’s speed and direction at the time of the crash;

The car crash investigator will also download any available data from the car’s onboard event data recorder, which is the automotive equivalent of an airplane’s “black box”. That device and other technology can give the investigator a very clear picture of how the accident happened and which car was likely the accident’s catalyst.

Crash Reconstruction Part 3: The Aftermath

The investigator will not have witnessed an accident directly, but will reconstruct it from forensic evidence that the accident created. The party that caused an accident and his or her insurers will often challenge this analysis. If a car accident case goes to trial, the responsible party will usually seek to disqualify the investigator’s report with arguments that the car accident reconstructionist does not have the qualifications or knowledge to produce a technical report that a court is being asked to rely upon.

An experienced car accident attorney will anticipate these challenges and will know how to rebut them when they arise. When you are retaining an attorney to represent you in a car accident case, you should ask that attorney for information and references for the car crash investigator that he proposes to retain on your behalf.

Call Car Crash Lawyer Sean Salamati in Southern California

Sean Salamati has helped clients in Los Angeles County and throughout southern California to recover compensation for their injuries and property losses that they have suffered in car accidents. Our firm has strong relationships with many skilled car accident reconstruction investigators who produce detailed reports that we use to prove which party caused an accident.

If you or a loved one have been hurt in crash, call the law offices of car accident lawyer Sean Salamati. Your initial consultation is free and you owe no money unless we win your case.

Additional Resources:

  1. washingtonpost.com: The Wreckage Speaks: A Crash Reconstruction Team Tells Stories that Victims Can’t. https://www.washingtonpost.com/news/tripping/wp/2018/02/27/the-wreckage-speaks-a-crash-reconstruction-team-tells-stories-that-victims-cant/?utm_term=.dbbfb8102ad5
  2. thebalancecareers.com: Traffic Crash Reconstructionist Job Information. https://www.thebalancecareers.com/traffic-crash-reconstructionist-job-information-974477
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NHTSA Promotes Older Driver Safety Awareness Week

December 16, 2018 Auto Accidents

Aging is a fact of life but it still catches us off-guard. The slow process can cause decline in abilities

senior woman in nursing home clasped handAging is a fact of life but it still catches us off-guard. The slow process can cause decline in abilities and present other challenges that make driving less safe, but many older adults are unaware or reluctant to accept the changes.

The National Highway Transportation Safety Administration (NHTSA) joined forces with organizations like the CDC, the American Occupational Therapy Association, AARP, and AAA to promote Older Driver Safety Awareness Week, which ran from December 3–7, to bring awareness to the challenges and possible solutions aging drivers face.

Advanced age: is it safe to drive?

The NHTSA pointed out that some motorists can drive safely into their nineties, but for many others, age-related problems can interfere with road safety.

Some of the more common issues include:

  • Medical conditions
  • Vision problems, including night blindness
  • Problems with sleeping, pain and stiffness, tremors, or memory
  • Effects of medications

If you are a senior who still drives, it may be worth talking with your doctor or pharmacist to determine whether any of your OTC or prescription drugs, or the interactions between multiple drugs, will likely cause driving impairment such as altered judgment, slower reflexes, or dulled alertness.

Solutions for those who are still capable of driving

For the many older adults who are still mentally capable of driving, physical adaptations may make operating a vehicle safer and more comfortable.

A great way to find out about the options for you or a loved one is to attend a local CarFit event. CarFit was created by the American Society on Aging in collaboration with AAA, AARP, and AOTA, and offers a free, non-judgmental volunteer-run assessment of comfort and safety for seniors in their vehicles. Volunteers will check for and help make adjustment to the vehicle to reduce blind spots and make sure controls are accessible.

If more help is needed than simply adjusting seats and mirrors, there are other things that can be done to help older drivers. For example, if manual dexterity has declined, adapted hand controls can be installed. If the seat-belt is too difficult to pull down over the shoulder, a loop can be installed to make it easier.

Older driver safety assessment

The NHTSA encourages people to make an honest assessment about whether driving is still a safe option. It has stated: “Ask yourself, or the older driver in your life: Can you remember the routes you frequently drive? Do traffic signs and signals, or other motorists make you feel overwhelmed while driving? Have you recently received a ticket or citation for a driving violation, or been in a minor crash?” For those who can no longer drive as safely as in the past, it is time to work together to make alternative transportation arrangements.

Los Angeles car accident lawyer Sean Salamati urges those in and around Southern California to take road safety seriously whether you are 18 or 80. A car crash can cause death or serious injury, as well as financial, physical, and emotional losses. If you have been injured in an accident in CA, call the Salamati Law Firm for a free case evaluation.

Additional Older Driver Safety Awareness Week resources:

  1. National Highway Transportation Safety Administration, Keeping Our Older Drivers Safe on the Road, https://www.nhtsa.gov/older-drivers/keeping-our-older-drivers-safe-road
  2. The American Occupational Therapy Association, Inc., Older Driver Safety Awareness Week: Dec. 3-7, 2018, https://www.aota.org/Conference-Events/Older-Driver-Safety-Awareness-Week.aspx
  3. The American Occupational Therapy Association, Inc., Monday: Anticipating Changes That Can Affecting Driving, https://www.aota.org/conference-events/older-driver-safety-awareness-week/monday-full-article.aspx

 

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Heavy Rains Trigger Mud Slides and Spike in Vehicle Accidents

December 14, 2018 Auto Accidents

In the wake of rampant forest fires, mud and debris slides throughout the region wreaked havoc in California, and are

A fire engine races to the scene of an emergency.In the wake of rampant forest fires, mud and debris slides throughout the region wreaked havoc in California, and are tied to a number of serious traffic accidents.

In just one day, the California Highway Patrol (CHP) reported four times the number of accident calls it usually receives, at 365 between 5 a.m. and 9 a.m. Southern California was being lashed with torrential rains. The volume of water and heavy wind gusts, combined with rush hour, caused the spike.

Police noted that many Los Angel residents are not used to driving in periods of heavy rains or on wet roads, and the unfamiliarity may have contributed to the spike in crash rates.

Several CA highways were closed due to accidents, including the 101, 118 and 134.

Fire-devastated ground susceptible to mudslides

The heavy storm front occurred, of course, in the wake of the severe fires that have damaged southern California. Once a fire has occurred, the vegetation no longer holds the earth in place, and it becomes much more susceptible to mudslides if rain falls. There is also much debris left in the wake of the fires, and this can tumble if dislodged by wind, rain, or mud.

Mud and debris slides were happening throughout the Los Angeles region. Residents were endangered and a number of motorists were trapped in rising rain, blocked roadways, or slides. In Malibu, roadways were closed and orders to evacuate issued. In both Orange and Riverside counties, debris flows occurred. Schools were closed in multiple locations to ensure the safety of schoolchildren.

In San Bernardino County, mud covered several cars. As a result of the slide, CHP closed some sections of Highway 38.

Mud and debris slides can cause health and safety issues, especially if chemicals or dangerous items in the mud and debris get into the water and ground systems, rivers, or oceans. In several areas, beaches were closed.

Car accident lawyer for CA residents

If you or a loved one needs experienced legal representation from a car accident lawyer Los Angeles residents have come to trust, we invite you to reach out to Salamati Law Firm today. Please call  800-957-9898 to schedule a free, no-obligation consultation to learn about your rights to compensation.

Additional Resources:

  1. “365 accidents reported in 4-hour period during rain-soaked morning commute in SoCal.” ABC7. November 29, 2018. https://abc7.com/traffic/365-accidents-reported-in-4-hour-period-during-socal-storm/4794475/.
  2. “Rain triggers debris flows as storm rolls across fire-scarred regions of California.” Los Angeles Times. November 29, 2018. https://www.latimes.com/local/lanow/la-me-ln-rain-flood-warning-20181129-story.html.
  3. Rice, Doyle. “It’s Raining in Los Angeles, and People Are Freaking Out!” USAToday. November 29, 2018. https://www.usatoday.com/story/news/nation/2018/11/29/los-angeles-rain-hysteria-erupts/2150958002/.
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3 Tips for Driving in Heavy Rains

December 5, 2018 Auto Accidents

As all residents of southern California know, our region has been hit with heavy rains recently. Torrential downpours can be

blurry car windshield highwayAs all residents of southern California know, our region has been hit with heavy rains recently. Torrential downpours can be dangerous in the Los Angeles area for several reasons. First, the area is dry, and the rains can cause a high amount of water on the road and even flash flooding. River levels can rise and flood as well. Second, southern California has also experienced extreme damage from fires. Fires burn vegetation which ordinarily helps to keep soil and earth in place. Burned-over areas that are then hit with rain create an environment that can lead to mudslides. Indeed, roads have been closed throughout the Southern California region due to mudslides. Even if mudslides don’t occur, rain can bring debris from fires down to a road, causing hazards on the road.

In addition, of course, not all southern California drivers are experienced in driving in heavy rains. Rain and other inclement weather also causes some risks. Visibility can be limited. It is easier to skid, hydroplane, and lose control of your car. The risk of accidents rises – and that it itself can increase road danger to motorists not in the accident.

Safe driving tips for heavy rain conditions

Be sure to do the following to optimize your safety and that of your loved ones.

  1. Watch the weather report

Heavy rain and potential results from it, such as flash flooding, debris, and mudslides, are very dangerous. They can even be catastrophic. A flash flood or a mudslide can carry away your car and kill everyone in it, whether you are driving safely or not.

The solution is to watch weather reports very carefully. Advisories for heavy rains, flooding, mudslides, and more are carried by weather services, partly as a service to motorists. Weather reports and news will also be sources of information about road closings and detours. The more informed you are about conditions, they safer you will be.

If there are reports of extreme weather events and you don’t have to go out, it might be more prudent to stay home until conditions change. Commuters should also consider public transportation.

2. Use your lights and windshield wipers

Headlights and windshield wipers are basic safety equipment in case of heavy rains. Even if it’s in the middle of the day, you should switch on your headlights. It improves your ability to see the road and surrounding areas. It also increases your visibility to other motorists.

Use your windshield wipers to make sure you can see out your windshield, as well. This is obvious advice, but many of us in southern California don’t drive in rain often. Your wipers may need replacement to work at their best.

3. Drive slowly

Lots of water coming down in a short time increases the danger of skidding or hydroplaning. Drive slowly in the rain. Drive under the speed limit if necessary. You want to be able to stop safely, and the best way to do this is not to drive fast.

An Experienced Car Accident Attorney in Southern California

If you or a loved one has been hurt in a car accident during the heavy rains, call Sean Salamati, an experienced car accident attorney Los Angeles trusts to fight for maximum compensation. Let him put his experience to work for you. All initial consultations are free of charge, and you owe us nothing unless we win your case.

Additional Resources:

  1. Cain, Josh. “Heavy rain comes to Southern California, flood advisories and evacuations issued.” The Daily Breeze. November 29, 2018. https://www.dailybreeze.com/2018/11/29/heavy-rain-coming-to-southern-california/.
  2. Williams, Ashley. “Soaking rain, flash floods in California could pose a risk of mudslides near wildfire-scorched areas.” AccuWeather. November 30, 2018. https://www.accuweather.com/en/weather-news/how-heavy-rainfall-in-california-could-trigger-potentially-deadly-mudslides-following-woolsey-camp-fires/70006756.
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Cannabis and Driving: What are the Risks?

November 1, 2018 Auto Accidents

The dangers of drinking and driving are well-established, but what about using cannabis products and getting behind the wheel? Can

Marijuana leaves, cannabis The dangers of drinking and driving are well-established, but what about using cannabis products and getting behind the wheel? Can smoking marijuana impair your judgement, perception and reaction times just as much as having a few too many cocktails?

A handful of studies suggest that cannabis and driving is a perilous combination, as drugged drivers have a much higher risk of getting into accidents.

Marijuana use impairs driving ability

According to the National Institute on Drug Abuse, marijuana can significantly impair spacial perception, motor coordination, concentration and reaction times. The organization cites two European studies which found that drivers with elevated concentrations of THC (the psychoactive compound tetrahydrocannabinol) in their blood were twice as likely to cause a fatal car accident compared to those who had not used cannabis or alcohol.

Recreational marijuana has been legal in California for nearly a year, and despite countless accidents caused by drugged drivers, there remains a surprising disconnect in our thought process when it comes to stoned driving.

In fact, a recent report issued by the Highway Loss Data Institute suggests a causal link between legal recreational cannabis and an increase in collision rates. In Nevada, Oregon, Colorado and Washington, where recreational pot has been legalized – auto accident claim frequencies are 6 percent higher.

Data from the National Highway Traffic Safety Administration demonstrates that drugs and alcohol are involved in 11 percent of all fatal traffic accidents, and 25 percent of all drivers who are tested come up positive for THC in their bloodstreams. While the connection between marijuana and car accident risks needs additional research, experts do know that marijuana affects one’s ability to perceive time and distance – two critical components when you’re driving a vehicle.

How much does cannabis impair driving?

Some argue that marijuana improves concentration skills, and thus enhances driving ability, but research suggests this only holds true for a few minutes.  THC impacts visual function, decreases reaction times and often leads to distraction. Stoned drivers are more prone to weave in and out of their lanes and find it harder to read road signs or maintain a stable following distance. All of these factors increase accident risk, but when marijuana is combined with a few beers or cocktails – as it often is—the danger of causing an accident jumps even higher. Studies show that alcohol speeds the absorption of THC in the bloodstream, causing measurable psychomotor impairment.

While there is no question that cannabis can acutely impair driving-related skills, the level of impairment between individuals varies more than they do with alcohol because of tolerance and different absorption rates of THC.

Injured by a drugged driver in California?

There is no breathalyzer test for marijuana. California law enforcement officials are trained to identify physical signs of drug-impairment and determine whether a driver is not fit to safely operate a vehicle.

If you were involved in a car accident and believe the other driver was stoned, drugged or otherwise impaired, Salamati Law can help you seek appropriate legal remedies.

Schedule a free-no-obligation case review with a results-driven Los Angeles car accident lawyer today.

Additional Resources on Cannabis Effects on Driving:

  1. IIHS, Effect of recreational marijuana sales on police reported crashes in Colorado, Oregon, and Washington https://www.iihs.org/frontend/iihs/documents/masterfiledocs.ashx?id=2173
  2. National Institute on Drug Abuse, Does marijuana use affect driving? https://www.drugabuse.gov/publications/research-reports/marijuana/does-marijuana-use-affect-driving
  3. ca, Driving under the influence of Cannabis https://medicalmarijuana.ca/resource-center/driving-cannabis/
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Tips for Talking to Your Insurance Adjuster After a Car Crash

October 26, 2018 Auto Accidents

Insurance adjusters are trained to settle car accident claims quickly and cost-effectively. Any statement you make to an insurance adjuster

Insurance adjusters are trained to settle car accident claims quickly and cost-effectively. Any statement you make to an insurance adjuster at the accident scene or during later inquiries can make a significant impact on your financial recovery.

Words can be taken out of context or twisted and later used against you, making it all the more important to heed these tips before discussing your claim.

Do not consent to being recorded

Insurance representatives will ask all parties involved in a car accident to provide a recorded statement, either in writing or through a recorded phone conversation. It is in your best interest to politely decline this request until after you have spoken with an attorney. This recorded statement is considered vital evidence, and any vague or misleading language on your part can later be used against you.

Identify the adjuster you are speaking with

Before answering any questions, ask for the name and contact information of the adjuster you are speaking with and confirm the name, address and telephone of the insurance company they work for. Keep a folder with names, dates and details of anyone you speak to at the insurance company.

Limit the amount of personal information

When speaking to an adjuster, you are only required to provide your full name, address, telephone and contact information. It is not advisable to divulge other personal information regarding your employment, your income, or anything about your medical history.

Do not discuss your injuries

Insurance reps will always ask about the car accident injuries you sustained. The best answer is “I don’t know the full extent yet.” Some injuries like concussions and whiplash have no immediate symptoms, and you could unintentionally leave out critical information that will negatively affect your claim for damages.

Stick to the facts – keep opinions to yourself

Keep the conversation short and sweet when discussing the accident. Insurance adjusters will press for more details or ask your opinion, but it’s best to remain subjective. When and where the crash occurred, who was involved and if there were any witnesses. Be straightforward and honest. If you don’t know an answer to a question or don’t remember, just say so.

Take notes on your conversation

Try and write down as much as you can about your conversations with insurance companies. This includes questions that were asked of you, requests made, information provided and the name of the person you spoke with. These notes may contain valuable information that can advance your claim.

Avoid quick settlement traps

Insurance representatives may try and get you to settle within the first couple of phone calls. Avoid this trap and wait until you know the full extent of your injuries and have a proper medical diagnosis. With competent legal representation, you stand a much greater chance of securing a larger car accident settlement that fully accounts for your losses.

Need help dealing with an insurance adjuster?

A skilled Los Angeles car accident lawyer can protect your best interests after a collision. The Salamati Law Firm offers tenacious, results-oriented representation to car crash victims throughout Southern California. We provide sound legal guidance and know how to negotiate with insurance companies to maximize accident compensation.

Request a free case evaluation today by calling 1-855-449-3546.

Additional resources:

  1. How Stuff Works, 5 Things You Should Tell Your Insurance Company Immediately After a Crash, https://money.howstuffworks.com/personal-finance/auto-insurance/5-things-to-tell-insurance-company-after-crash.htm
  2. DMV, How Car Insurance Companies Investigate Accident Claims, https://www.dmv.org/insurance/how-car-insurance-companies-investigate-accident-claims.php
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Halloween Safety Tips for Driving and Trick or Treating

October 11, 2018 Auto Accidents, Pedestrian Accident Injuries

As kids prepare for trick or treating fun, many parents are aware of the risks like taking candy from strangers.

Little children in Halloween costumes trick or treatingAs kids prepare for trick or treating fun, many parents are aware of the risks like taking candy from strangers. Often overlooked, however, are the risks of traffic accidents. Halloween is a time when both pedestrian fatalities and DUI accidents spike. Parents and motorists alike can help keep the festivities safe by following a few Halloween tips.

Halloween pedestrian accident risks

Halloween has all the makings for a pedestrian accident – throngs of (often unaccompanied) children lingering near driveways or rushing across streets, in the dark, wearing masks that obstruct their vision. It is not surprising, then, that the likelihood of a pedestrian being struck by a car is more than twice as high on Halloween compared to other evenings throughout the year.

Parents can help protect their children by not letting them trick-or-treat alone; putting reflective tape on costumes and treat bags to increase your child’s visibility; teaching your children not to cross mid-road but instead cross at a corner or cross-walk; watching for cars moving near driveways; and making eye contact with drivers to be sure they are aware of the child’s presence.

Drivers should avoid going out during trick or treat hours if possible. Also, be on the lookout kids crossing in the middle of the road, running across driveways. Stay alert and minimize distractions.

Halloween DUI risk

Halloween is not just for kids; plenty of adults take part in the fun, and their celebration often involves alcohol. Federal statistics show that a significant number of motor vehicle accidents on Halloween involve drinking and driving. For example, in 2014, National Highway Traffic Safety Administration data showed that more than 1/3 of traffic accidents on Halloween involved driving under the influence. In 2015, the number was even higher, at 46% of crashes involving DUI.

California Highway Patrol and Los Angeles police routinely set up sobriety checkpoints at times of the year when they expect an increase in drinking and driving. Therefore, expect that this Halloween, the LAPD and CHIP will set up DUI roadblocks to catch drunk drivers as they have in past years. A DUI can impact your life, even if you do not cause harm to a child or another adult.

If you will be attending an adult Halloween gathering, be aware of how much you are drinking. If you do imbibe, absolutely do not get behind the wheel – there is no such thing as “buzzed driving; it is still drunk driving. If your children will be trick or treating, do not let them go alone. Be on the lookout for erratic vehicles, and be cautious in and around driveways.

Speak with a personal injury lawyer in Southern California

Halloween can and should be a safe time for kids and adults alike. However, if you are involved in an accident, speak with experienced Los Angeles pedestrian accident lawyer Sean Salamati, who has built his reputation on his commitment to helping accident victims pursue justice. Call today for a free consultation. Remember, we never charge a fee unless we win money on your behalf.

Additional Halloween traffic safety resources:

  1. National Safety Council, Halloween Safety On and Off the Road, https://www.nsc.org/home-safety/tools-resources/seasonal-safety/autumn/halloween
  2. Madd, Surprising Stats Regarding the Dangers of Drunk Driving at Halloween, https://www.madd.org/tennessee/surprising-stats-regarding-the-dangers-of-drunk-driving-at-halloween/
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