James McKiernan Lawyers
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888.442.2918
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Auto Accidents

Successful Results Achieved in
Over 15,000 Auto Accident Cases

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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

How to Avoid an Auto Accident in Dangerous Weather

If you’re a California resident, you know that you’re lucky to live in such a beautiful state. We are known for our sunny skies and pretty sights, but just like any other beautiful destination, we also experience inclement weather conditions. With bad weather comes an increase in vehicle accidents. Our San Luis Obispo auto accident lawyers know how scary it can be if you’re caught in a wildfire or flood while driving, so we would like to offer some helpful tips to help keep you safe:

For Driving Through a Wildfire

California residents are aware of the danger of wildfires, especially as a result of our recent changes in climate. Because of this, you might have to drive through or next to a wildfire, so it’s important to know how to navigate your vehicle through this safely. First, roll up your windows and turn off your air vents; inhaling any wildfire smoke can be damaging to your eyes and lungs. Next, turn on your headlights to increase visibility, especially if you’re surrounded by smoke. Low visibility is expected, so drive slowly to avoid a collision. If there’s fire approaching, turn around and drive your vehicle away if you can, or park behind a solid structure and keep low in your car. You could also exit your vehicle and run, although be warned: this can expose you to smoke inhalation injuries and wildfires can move very quickly.

For Driving Through a Flood or Heavy Rains

In early January of 2018, San Luis Obispo County experienced heavy rains and flooding that closed highways and local roads for a few days. With California’s rapid changes in climate, it’s crucial that residents remain vigilant and smart when they are caught in heavy rains. First, slow your vehicle down; the road will probably be slick and slippery, which will make it more difficult to brake properly. Next, increase the driving distance between your car and cars surrounding you. This will prevent any rear-end crashes and will allow for sudden stops. Turn on your headlights, keep your windshield wipers on, and approach busy intersections with caution.

If you and your family follow these tips, you will have a better chance of avoiding a car collision on dangerous road conditions due to bad weather. If you ever are injured in an auto accident, don’t hesitate to contact our attorneys for a free consultation.

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.

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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