James McKiernan Lawyers
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Auto Accidents

Successful Results Achieved in
Over 15,000 Auto Accident Cases

Learn more
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Motorcycle Accidents

Largest Motorcycle Accident Injury Verdicts
in San Luis Obispo County

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Truck Accidents

Even Professional Drivers Can Cause an Accident

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Serious Injury

Over $200 Million Recovered in
Settlements and Verdicts for Victims

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Dog Bites

Resolving Cases Quickly, Efficiently, so that You
Can Focus on Your Recovery

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Death Cases

Offering Support, Assistance and Representation
After the Tragic Loss of a Loved One

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California Accident Injury Trial Lawyers

Don’t Fall For These Auto Accident Scams

Anyone can say that a car accident is one of the most traumatic, expensive, and dangerous events to happen to them. After recovering from the shock and the physical damage, the last thing you’ll want to worry about is someone trying to scam you. Here are some things you can look out for in an auto accident scam(because no one likes to be caught off-guard).

two drivers arguing over car accident liability

Types of Scams

One common type of auto accident scam is a staged accident. An example of a staged accident is a T-Bone accident. This is when a scam artist will wait for you to go through an intersection, and then proceed to ram into you and T-bone your car. Another scam accident could be The Wave, which is when someone gives you the wave signal to switch lanes, but when you do they will accelerate and collide with your car, claiming that it was your fault. One last example is the Swoop and Stop, which is when a car will suddenly pull in front of yours and stop, causing an accident.

Another type of auto accident scam is claiming phony injuries at the scene of the accident. Someone might claim that they were seriously injured when you clearly saw they weren’t. They might even work with shady doctors and file personal injury claims for fraudulent injuries. These scams are difficult to detect, but it’s important to be alert to the other party and what they’re claiming.

One last type of auto accident scam that you should be aware of is a towing scam. Be careful if tow trucks approach you before you had time to call for assistance. These scam artists are probably attempting to scam you by offering a tow at very inflated rates. Always look for an official title of the towing company, or ask for proper documentation or proof if you feel unsure.

The San Luis Obispo automobile accident attorneys at James McKiernan Lawyers help people all along the Central Coast who have been injured in an auto accident to recover compensation for their injuries. We will also conduct a thorough investigation into the cause of the accident, including identifying all responsible parties and helping to find any potential scammers.

Do I Need to File a Third-Party Injury Claim after a Drunk Driver Hits Me?

Pedestrian Hit by CarOne of the most dangerous things you can be exposed to as a driver is another driver under the influence of drugs or alcohol. It doesn’t matter how safe you are driving or how adherent you are to the laws of the road; a drunk driver can come from anywhere, at any time, and cause serious damage to your property and your body. If you have been injured by a drunk driver, you may wonder what legal recourse you have to cover your damages. Here is a short primer of what to do if you are struck by a drunk driver.

  1. First things first, take care of your health. Seek medical attention even if you do not believe you have been seriously injured. Some injuries, like traumatic brain injury or soft tissue injuries, may not manifest right away.
  2. Document every aspect of the accident. Police will likely take care of much of this process, but having your own evidence is crucial to your claim. Photographs of the damage and your injuries, as well as contact information of witnesses, can go a long way in helping you secure damages.
  3. You will probably receive a call from the drunk driver’s insurance company shortly after your accident. No matter how cordial or sympathetic the representative is, the bottom line is that he or she is trying to get information out of you that might make it harder to pursue your claim. Do not tell them anything about the accident or your injuries. If you are offered a settlement, you should decline until you have spoken to an attorney.
  4. Perhaps the most important step – contact a car accident attorney as soon as possible. You need a trusted lawyer with experience in the field of drunk driving accidents to help you receive the best recovery possible.

Boy Hit on Crosswalk By Truck While Riding His Bicycle

“It simply didn’t sit well with us that this young man was allowed to be run over in a crosswalk, sustain serious injury, and not receive any compensation for his loss.

DK Global’s video brough to life our main argument – that the Defendant’s perspective gave him ample notice to see the Plaintiff, and avoid this incident altogether.

That is why our client is now enjoying a settlement that will take care of him for years to come.”

Caleb J. Anthony
James McKiernan Lawyers

12-Year-Old Child Killed in Rollover Crash on Highway 101 Near Buellton

September 11, 2017

Fatal AccidentA 12-year-old girl from Encino was killed and several other people were injured late Sunday in a rollover crash on Highway 101 near Buellton.

A Lincoln Navigator carrying seven people overturned at about 11 p.m. and came to rest in the center divider, according to California Highway Patrol.

The vehicle, driven by Erasmo Vargas, 35, of Encino, was traveling at 75 mph when the man lost control as the Lincoln Navigator went off the paved road and into the grassy median where it overturned.

A girl who was ejected from the vehicle was declared dead at the scene, according to Mike Eliason, spokesman for the Santa Barbara County Fire Department.

In addition to the driver, the vehicle had one other adult, Alma Rosa Vargas, 37, of Encino, who had minor injuries.

Four additional youths, ranging from ages 2 to 7,  in the vehicle were not injured, the CHP said.

The girl ejected from the vehicle reportedly was not wearing her seat belt, according to CHP officers.

The name of the girl who died will not be released until family members have been notified, the CHP added.

Heavy rain was falling in the area at the time of the wreck, the CHP said.

Several other crashes were reported in the area at about the same time, but they were all noninjury incidents, Eliason said.

One lane of Highway 101 was closed for an hour due to the fatal crash, the CHP said.

Alcohol and drugs were not factors in the crash, the CHP added.

If you have been injured or lost a loved one due to someone’s wrongful conduct or negligence in California, you may have a right to a wrongful death claim against the negligent party. James McKiernan Lawyers encourages anyone who may find him or herself in such a difficult situation to contact an experienced Central Coast Personal Injury Attorney at 1-800-200-HURT (4878) for a free case evaluation. We only get paid if you get paid. Our offices are conveniently located throughout California.

At James McKiernan Lawyers, We work tirelessly to deliver accurate news about the California accidents that impact our readers and clients most. Although our goal is to keep people as informed as possible, we’d like to note the information we aggregate is obtained from a wide variety of nonaffiliated secondary sources. These include but are not limited to: Law enforcement agencies, press release, News articles, and websites.

As we publish and share accident information, we make all possible efforts to ensure its correctness, but for the aforementioned reasons, we cannot guarantee that our content is completely accurate. Although we generally respond to inquiries and requests to change, update or amend the content and articles that we publish, we cannot promise that we’ll be able to do so within a given time frame.

The articles and blogs that we share or post here and on social media are designed to serve solely as general information. They should not be taken to constitute legal, medical or any other form of express or implied advice. Similarly, they may not be applicable to your personal circumstances, situation or case. Any information referring to specific laws, statutes or legal actions reflects legal principles, but the laws that apply to you may differ based on your situation, jurisdiction or other factors.

CALL JAMES McKIERNAN LAWYERS (800) 200-HURT (4878) for a FREE CONSULTATION

www.JamesMcKiernanLawyers.com

Pedestrian hit, killed on Foothill Blvd. in San Luis Obispo

The California Highway Patrol is investigating a deadly crash that happened late Wednesday night in San Luis Obispo. A 42-year-old man was hit and killed by a vehicle at W. Foothill Blvd. and O’Connor Way, CHP says. The collision happened shortly after 10 p.m. The San Luis Obispo County Sheriff’s Office had deputies on scene as well. Police say the driver was unable to avoid the man, who was in the middle of the road. Another pedestrian was hit and killed in the same area in February of 2016.

If you have lost a loved one due to someone’s wrongful conduct or negligence in Lompoc, CA, you may have a right to a wrongful death claim against the negligent party. James McKiernan Lawyers encourages anyone who may find him or herself in such a difficult situation to contact our experienced San Luis Obispo personal injury attorneys at (888)442-2918 for a free case evaluation. We only get paid if you get paid. Our offices are conveniently located throughout California.

At James McKiernan Lawyers, We work tirelessly to deliver accurate news about the California accidents that impact our readers and clients most. Although our goal is to keep people as informed as possible, we’d like to note the information we aggregate is obtained from a wide variety of nonaffiliated secondary sources. These include but are not limited to: Law enforcement agencies, press release, News articles, and websites.

As we publish and share accident information, we make all possible efforts to ensure its correctness, but for the aforementioned reasons, we cannot guarantee that our content is completely accurate. Although we generally respond to inquiries and requests to change, update or amend the content and articles that we publish, we cannot promise that we’ll be able to do so within a given time frame.

The articles and blogs that we share or post here and on social media are designed to serve solely as general information. They should not be taken to constitute legal, medical or any other form of express or implied advice. Similarly, they may not be applicable to your personal circumstances, situation or case. Any information referring to specific laws, statutes or legal actions reflects legal principles, but the laws that apply to you may differ based on your situation, jurisdiction or other factors.

Call (888) 442-2918 or contact us online for a free consultation.

wwwJamesMcKiernanLawyers.com

 

 

I Was Just In An Auto Accident, What Should I Do?

You were just in an auto accident and now you need to know what to do. Unfortunately, many individuals that are involved in an auto accident do not know what to do. Here are some suggestions from the experienced auto accident attorneys at James McKiernan Lawyers:

STAY CALM

  • Check for obvious injuries and call for emergency medical help, if warranted 911

CALL 911

  • Notify law enforcement 911. A police report is a “must-have” document

DEMAND

  • A POLICE REPORT as it may be the only proof the accident is not your fault

LIMIT DISCUSSION

  • Do not make any statements
  • Only speak to the police or medical personnel
  • Do not allow the other driver to talk you into settling things on your own

GET THE FACTS

  • Take pictures and/or video of everything using a camera or your Smartphone. (vehicles involved, the surrounding areas and any obvious injuries you sustained)
  • Gather all pertinent information from the other driver using a camera or your Smartphone take photos of the documents (Driver’s License, insurance policy, license plate, etc)
  • Locate any witness before they leave the scene & get their contact info
  • Get a recorded statement of witnesses using a voice recording app on your Smartphone

INJURIES

  • If you are injured go to the ER immediately
  • Do not speculate about your physical condition (in some cases it may take 24-48 hours to feel any pain due to the adrenaline from being in an auto accident)

DO NOT!

  • Do not, under any circumstances, speak to the other driver’s insurance company
  • Don’t talk to anyone about the accident; especially on social media (Do not post accident photos or comments about the accident)

CALL US FIRST

Contact JAMES MCKIERNAN LAWYERS for a FREE CONSULTATION (888) 442-2918 or (800) 200 HURT (4878)

  • We will recover a pain & suffering settlement for you
  • We will arrange medical treatment on a lien
  • We will contact the insurance companies
  • We will obtain the police report
  • We will recover your lost wages
  • We will arrange for a rental car

 

What To Do Following An Automobile Accident

If you are involved in an automobile accident due to someone else’s careless driving, you are not alone. Last year 4.4 million Americans were hurt and more than 38,000 were fatally injured on the roadways. As reported by the National Safety Council the three largest causes were alcohol (30.8%), speeding (30.0%), and distracted driving (26%).

Your actions following an accident can make a huge difference in terms of safe-guarding your right to maximum compensation for your losses. The team of San Luis Obispo automobile accident attorneys at James McKiernan Lawyers, with upwards of 30 years experience in personal injury cases, recommend the following :

Immediately following the incident:

  • Check for obvious injuries and call for emergency medical help if warranted.
  • Notify law enforcement. A police report is a “must-have” document. Do not allow the other driver to talk you into settling things on your own.
  • Contact your insurance carrier. Do not, under any circumstances, speak to the other driver’s insurance company.
  • Take pictures and/or video of everything. This includes all the vehicles involved, the surrounding areas and any obvious injuries you sustained.
  • Be certain to secure all pertinent information from the other driver.
  • Gather the other driver’s information and request a copy of the police report.
  • Don’t talk to anyone about the accident, especially on social media.
  • Never speculate about your physical condition.
  • Refrain from saying “I’m sorry”.

It may take some time for injuries to present themselves. If you feel you need immediate attention, go to the closest hospital right away, then, always follow up with your personal physician.

After the incident

Keep a detailed record of any and all medical appointments, time missed from work and any sick time or wages you lost. Keep receipts for any out-of-pocket expenses. Remember that anything you say, to anyone, may be used against you. Do not post any details or comments about your accident or injuries on social media.

Once you are involved  in an accident, it is always in your best interest to  seek advice from a personal injury lawyer. The James McKiernan legal team has experienced personal injury attorneys standing by to assist you in the process of seeking reimbursement and compensation. Don’t wait, call us at 805-618-2245.  We are ready to help.

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