As personal injury attorneys, we often hear from prospective jurors that injury victims should not necessarily be compensated for their losses because “accidents happen.”  One of the most common type of vehicle “accident” is the rear end collision.  The truth is that these types of crashes are almost always the result of human error and are the most easily avoidable.  Yet the consequences can change innocent lives forever.

Fresno Car Accident Lawyers

On March 8, 15-year-old Shaela Warkentin suffered major injuries, including serious brain trauma, in a tragic Fresno car accident. Ms. Warkentin, a Bullard High School sophomore, was riding in a Mustang being driven by her sister on her way home from youth group at People’s Church.  While stopped at red light, the Mustang was violently hit from behind by a pickup truck.  Ms. Warkentin literally had to be pried from the Mustang wreckage by emergency personnel.  Shesustained permanent eye damage and has undergone facial reconstruction surgery.  She remains in a critical condition with fluid in the brain and glass “in an area that’s too dangerous to remove.”

Anyone seriously injured in an auto accident has a number of serious issues to deal with. First, legal responsibility for the collision must be determined. Sometimes that requires investigation beyond what is contained in the police report. Second, the medical bills must be paid. Even if there is health insurance to pay for the bills initially, the health insurance company will likely seek reimbursement from any liability insurance recovery. That means that the health insurance company will be competing for money that otherwise would go to the injured victim. Third, even in apparently straight forward cases, insurance companies will do whatever they can to avoid paying fair compensation for not only medical bills, but lost income and pain and suffering as well.

California Auto Accident Attorney

Based on the available information, the driver of the truck is more than likely responsible from a legal standpoint to compensate Ms. Warekentin and the other victims of this California injury accident. In most cases, the driver’s insurance would pay for these losses. If he had no insurance, the victims may be able to recover under the uninsured motorist provision of an auto insurance policy covering their vehicle. Because of these and many other issues, injury victims and families  involved in a injury accident like this are strongly urged to consult with an experienced Northern California Personal Injury Attorney or Fresno Personal Injury Attorney who will make sure that the victim’s rights are protected and that they are dealt with fairly.

Contact our Sacramento Personal Injury Lawyers

The Demas & Rosenthal personal injury law firm is not currently representing anyone mentioned in this article at the time it was posted. If you were involved in this incident or a similar incident and have questions as to your legal rights and options, call us or another well recognized and respected personal injury law firm. Please do not rely or act solely upon the information provided in this article. Please consider getting a consultation immediately. The best personal injury law firms will provide a free consultation. Demas & Rosenthal will provide a free, confidential consultation to the persons who were not at fault named in this article. The free consultation offer extends to family members as well.

Vincent Garrett, 46 sustained major injuries in a Woodland motorcycle accident after the motorcycle he was on collided with a slower moving car.  Police report that Mr. Garrett was traveling north on CR-98 at more than 70 mph when he struck the back of  a 2004 Honda Civic being driven by 38-year old Liz Sardinas of Davis.

The man was ejected from the motorcycle and landed on the freeway, which caused serious head injuries. Mr. Garrett was airlifted to the UC Davis Medical Center for treatment of serious injuries. The motorcycle was destroyed in fire.

Ms. Sardinas was transported to Woodland Memorial Hospital with minor injuries. The California motorcycle crash remains under investigation, although drugs and alcohol were not felt to be a factor.

California Motorcycle Accidents

Based on the California Highway Patrol’s Statewide Integrated Traffic Records System there were 11,764 injured in motorcycle accidents in 2008.

According to this newspaper report, it hasn’t been determined what caused this California crash.  Authorities have to take under the consideration all of the circumstances of the accident in order to determine the cause. It is possible this accident was caused by the motorcyclist. Based on the report, it is not clear why the motorcycle hit the Honda. When the negligence of a one party to a collision injures another party, the negligent party is responsible for paying medical bills, lost income and pain and suffering.

Hiring a California Personal Injury Attorney

In such cases, accident victims are highly should contact an experienced California Personal Injury Attorney who will stay abreast of the investigation, hire expert accident reconstruction experts and investigators to thoroughly evaluate the cause of the collision and make sure every angle is examined, including possible claims for defective roadway conditions. A reputable Sacramento Car Accident Attorney will also be able to advise the victims’ families about how their car insurance policy applies to an incident where the at-fault motorist is uninsured or underinsured.

The Demas & Rosenthal personal injury law firm is not currently representing anyone mentioned in this article at the time it was posted. If you were involved in this incident or a similar incident and have questions as to your legal rights and options, call us or another well recognized and respected personal injury law firm. Please do not rely or act solely upon the information provided in this article. Please consider getting a consultation immediately. The best California personal injury law firms will provide a free consultation.

A young woman, age 29, suffered brain damage due to a car accident in 2006. She now lives in a nursing home facility. Although she’s extremely lucky to be alive she’d rather be dead than have to spend another day in a nursing home where all the patients are elderly. If there was a program available to her with people within her own age group and she was able to live at home with medical assistance, life would be grand for her.

This woman’s story is just one of many. According to advocates, who filed a lawsuit last year in the U.S. District Court in Massachusetts, reports revealed that there are approximately 8,200 nursing home residents of all ages with brain injuries. An estimated one-quarter preferred to live at home with medical assistance and not a nursing home facility. In recent past, the federal and state healthcare program, Medicaid, for disabled and low-income people, normally would pay for medical care in institutions – this is fading fast.

It’s bad enough that patients who suffer from brain injury already have to struggle with the idea that they are unable to live their daily lives the way they were once able to prior to their injury. A person should be able to have full medical treatment within their home if they desire to. Under federal law, brain injury patients have the right to live a normal life as their medical situation allows them.

An upcoming court settlement just might be the remedy to help this young woman and as many as 2,000 other patients with brain injuries leave nursing home facilities. This new law suit demands improved community services from the state. According to sources, Arlene Korab, executive director of the Brain Injury Association of Massachusetts, said that “This is a landmark case for brain injury nationwide. We are the first brain injury association – and there are 47 across the country who have successfully litigated and won.”