Safety

Social Media and Injury Claims

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After a car accident, you may want to communicate with your friends and family to let them know what happened, maybe even share some photographs. For many people, posting on Facebook or Instagram is something they do without even thinking. However, prior to posting anything regarding your injury on social media, you should use caution and consider how your post may be used against you.

Say Nothing, Post Nothing

Perhaps it sounds hypersensitive to say that after a car accident in which you were injured, you should not post anything. After all, if the accident or car crash wasn't your fault, what is the harm in sharing what happened with your friends and loved ones? Isn't that what social media is for, and isn't it obvious you weren't at fault? Consider that even car collisions that fault and liability is usually easy to establish, such as a rear end accident, the at-fault insurance company's adjusters will not simply take your word for it, and are increasingly fighting liability on all claims. Your car accident claim is not a criminal case, so the familiar Miranda rights verbiage "anything you say can and will be used against you" does not exactly apply, but the spirit of the Miranda rights certainly does apply: everything you post, everything you say, can be manipulated by the other insurance company to diminish the amount of money they will pay to resolve your claim.

Set Your Accounts to "Private"

Even if you never post anything on social media regarding your injury, the insurance adjusters can still look at everything you've posted and create a narrative that there is nothing wrong with you. Is this legal, you might be asking yourself? Yes. If your social media accounts are open to the public, there is nothing to prevent an insurance agent from looking at your pages and taking screen shots. Many injury lawyers have seen in recent years a tendency for insurance adjusters to create a narrative, or story, about your life. Basically they will look at your photos and posts and come to the conclusion that you're fine and that you did not suffer serious injury. 

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Example Of Social Media Gone Wrong

For example, consider the case of a client who was injured in a car crash in Santa Ana, California. Despite being rear-ended (so it was clearly not her fault), and after she visited with her primary care physician at the local Hoag hospital, she slowly recovered through typical injury treatment of chiropractic care, physical therapy, and got two epidural injections to help alleviate her pain and facilitate recovery. During her recovery, as a student at Cal State Fullerton, she continued to take classes and work part time in an office on campus. Her treatment lasted about six months, during which she attended family birthday parties and went to Crystal Cove State Beach in Newport Beach with friends and her boyfriend. Sounds pretty normal for a college student.

When it came time to try to reach a resolution on her injury claim, the insurance adjuster denied payment and refused to pay her medical bills. Why? Because her social media posts on Facebook showed photos of her at the beach, at a few Cal State Fullerton athletic events (as a spectator, not participating), and at birthday parties. The insurance adjuster claimed "she seems pretty good to me, going to the beach, hanging out with her college friends at basketball games." You may ask what that has to do with this client's injury and medical bills. Of course, going to the beach has nothing to do with the client's injuries.

After her personal injury attorney at The Lions Injury Lawyers aggressively pursued her claim, the insurance company eventually paid all of her medical bills and paid her for her pain and suffering. This was only after her car accident attorney filed a lawsuit on her behalf in order to recover fair compensation on her behalf. Had this client marked her social media accounts to "private" the insurance company would not have been able to create a story that she was not injured based on her photos.

Getting A Fair Settlement For Your California Injury Claim

Social media is a new tool for insurance adjusters to use to diminish the value of your claim, or deny it altogether. Just because you were not at fault and sought proper medical treatment for your injuries does not mean you will be treated fairly. Often, consulting with an experienced personal injury attorney law firm that practices throughout California is the best way to get fair treatment from the insurance company. People injured in car crashes in Anaheim, Santa Ana, Fullerton, and throughout Orange County have turned to The Lions Injury Lawyers to get fair treatment by the insurance companies. The Lions Injury Lawyers represent injured plaintiffs throughout California, from San Diego County to the Inland Empire, up to Los Angeles and all the way 

Driving on Wet Roads

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Yesterday brought the first rain of the fall and winter season to Orange County, California, and the rest of the state begins to experience increasingly wet weather as well. Last year around this time the state was still gripped in drought, but the 2016-2017 wet weather season brought precipitation to the state in amounts not seen in decades over such a short period of time. Will this year bring the same amount of water to California? Perhaps not, but it doesn't take record rain and snowfall to create havoc on our roadways and transportation systems. A few tips on driving and commuting in wet weather may serve you well.

Slower Braking

What is the most common car accident? The rear end accident. Every day throughout California, thousands of drivers fail to brake in time and end up slamming into the car in front of them. Sometimes both drivers walk away without injury, while other car accidents of the "rear ender" variation can result in serious injury, and not just the driver or occupant of the car that is hit. Sometimes, the driver of the car that initiates the collision by failing to brake in time is also injured. Passengers from both cars are regularly injured from rear end accidents. The cause of these common accidents is a failure to brake in time. When traffic is busy and people are in a hurry, bumper to bumper traffic can progress hour after hour without a collision. However, when there is water on the roads, drivers cannot stop their cars as fast as they can in dry conditions. And, if you have been driving on wet roads and not needed to brake, when you do finally brake, it may be too late to realize you needed more time to stop.

How To Brake In Wet Weather

The first recommendation is that you must have plenty of space. The more distance you have before you need to stop your vehicle, the better. If your car doesn't have antilock breaks, you should pump your brakes. This can be helpful even if your car is equipped with antilock brakes, as it will prevent your car from sliding. Making sure your vehicle has proper tires is also important. If you are driving on "bald" tires on wet roads, you will not be able to stop as quickly as you would driving a car with tires that have proper treat. This is a danger to people driving around you, and should be taken seriously. Finally, you should not "slam" your brakes, or brake hard during wet weather, as this tends to cause slide, where you are out of control. 

Proper Lighting

Although unrelated to your ability to brake, making sure your rear tail lights are operating properly can be helpful. Consider that visibility is diminished in rainy or foggy conditions, and that in diminished daylight hours or at night, the vehicles following you have less time to stop as it is. If your lights aren't working, they are more likely to hit you. You may avoid injury by simply making sure the bulbs in your brake lights are working properly. Also consider what kind of lights you have on your car. If you purchased your car on the secondary market, popular modifications to darken the brake lights have become increasingly common. Many of these aftermarket modifications do not meet California DMV safety standards, yet many cars still use them. The effort is to make the aesthetic of the car appear darker. If you purchase a black or grey car, and the previous owner installed these brake lights, you should be certain the vehicle is legal as per California DMV safety standards. These brake lights are simply not bright enough in normal driving conditions. In wet and rainy weather, they can be almost impossible to see the brake lights, creating a danger to the driver.

California Car Accident Injuries During Wet Weather

More people tend to be injured as a result of rear end accidents this time of year in California due to changing driving conditions. If you were injured, you should seek immediate medical attention if you need it. Do not worry about placing blame on the driver who hit you. First, attend to your health. Even though common "rear end" accidents tend to establish the at-fault driver as the rear car, modern trends by insurance agencies show that they are denying injury claims on rear end accidents if there is not expensive property damage to your vehicle.

If you were injured in a California car accident during the intermittent wet weather, you may need to discuss your case with an injury attorney in order to be compensated fairly by the at fault driver's insurance. The Lions Injury Lawyers handle car accident cases throughout California, from San Diego to Orange County, Los Angeles to San Francisco-Bay Area. The car crash lawyers at The Lions Injury Lawyers are familiar with the tricks and tactics by bodily injury insurance adjusters, and their lawyers will help you navigate your injury claim. To speak with a car accident lawyer about your injury, the attorneys at The Lions Injury Lawyers are ready to discuss your claim today.

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Who Pays Medical Bills After A Crash?

If you were injured in a car crash, you likely have medicals bills. And, given the high cost of healthcare in California, these bills are sometimes very high. For some, the cost of medical expenses can be daunting, and the unknown as to how and when they will be paid can be paralyzing. Understanding who pays and how can be helpful for those trying to figure out how to proceed after an injury accident.

What About Car Insurance?

In an ideal world, the driver who causes an accident has car insurance. If he injures someone, eventually his auto insurance will ideally pay for the medical expenses of the injured person. But what if his insurance only covers him for the California state minimum of $15,000 and the injured person's bills exceed $15,000? In that scenario, the injured person's insurance may come into play, if he or she is insured for more than the state minimum. Additionally, if there are other insurance policies that might cover the at-fault driver, such as a business or umbrella insurance policy, those insurance policies might also pay for the injured person's medical expenses.

And If Car Insurance Won't Pay?

It sounds unfair and unlawful, but car insurance companies are notorious for trying to avoid paying medical bills. For example, they may state that the car accident did not cause the injuries, and so they do not have to pay the bills. There's a sliver of truth to this, but the extent to which insurance agencies use this excuse is often ridiculous. Or, the insurance adjusters may state that the amount billed is too much, and so they will offer you the minimum amount for the medical treatment billed. Or, they may simply decide that some medical treatment is not necessary, was not properly prescribed, or the date of treatment was too far after the car accident and therefore not related. 

How To Get Your Bills Paid For

An experience car accident or injury attorney may be able to help you. The insurance companies are likely to deal more fairly with you if you are represented by an attorney, as politically incorrect as that sounds. An injury attorney knows the rules of the insurance code. Also, a good injury attorney in California will have heard the excuses for not paying before. Therefore, he or she will be in a much better position to fight back on your behalf. Also, consulting an injury attorney shortly after your car accident will likely benefit you by learning more about the claim and litigation process before you finish your medical treatment. You may be able to avoid falling into the traps the insurance companies expect you to fall into.

The Lions Injury Lawyers represent injured persons throughout California, including claimants living in San Bernardino County, Riverside County, San Diego County, Orange County, San Joaquin County, and Los Angeles County. Speak with an attorney, not a salesman.

Thanksgiving On The Roads

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Thanksgiving is hands down the busiest travel day of the year. AAA predicts the busiest time of the day to be between 2 and 6 pm. It's crazy out there on the roads any given day but add the fact that on average 37% of people travel on Thanksgiving and you've got a zoo! I was driving on the freeway last week when I saw a large SUV smash into another smaller car. The smaller car pulled over but the at-fault party took off and in mildly heavy traffic. I could hardly believe my eyes!  I hear of situations like this all the time but seeing it first hand was striking.  If you see someone hit someone and drive off please call California Highway Patrol at 1800.TELLCHIP.  I hope none of you are ever in that position! Let's look out for each other when we are on the roads this Thanksgiving holiday! Here are some basics to remember this Thanksgiving holiday out on the roads!

  • PUT THE CELL PHONE AWAY

    • The number one cause of any  accident is distracted driving. It's not drunk drivers or speeding, it's distracted driving.         
  • BE OBSERVANT

    • The number of trucks I see dragging chains or pieces of equipment is astonishing! Watch out who you get behind! Chains, loose equipment, car parts they all can easily fly off of vehicles and they do!  If a driver in front of you is dragging something change lanes immediately. If something were to fly off it would be extremely difficult to swerve around. 
  • STAY ALERT

    • Driver fatigue is serious! How well can we expect anyone to drive when they are having a hard time staying awake? 
  • SPACING

    • Tailgating on the freeway is always a bad idea, proper response time is critical! Especially during the holiday, everyone is in a rush to get to where they need to be and traffic is heavy! 
  • DON'T DRIVE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS 

  • BE CAREFUL CHANGING LANES

    • When changing lanes use your turn signal and always check your blind spot; being in a rush or recklessly changing lanes can easily lead to an accident.