San Mateo Injury Lawyers Blog — Published by San Mateo, California Injury Attorneys — Law Offices of Galine, Frye, Fitting & Frangos

How to Overcome Defense Claims that You’re ‘Faking It’ and Achieve Success in Your Low-Impact California Auto Accident Case

June 5, 2020 | Law Offices of Galine, Frye, Fitting & Frangos

Chances are, you’ve seen a TV or movie scene like this: A vehicle is lightly tapped from behind by another vehicle. An occupant of the lead vehicle emerges screaming, “Oh! My neck!” in a very exaggerated way… or maybe that occupant reappears the next day or next week wearing a conspicuously massive and bulky neck brace or a halo device. While this may all be sight gags and laughs on TV and the movies, the cold reality is that low-impact crashes can, and do, cause people to suffer serious injuries every day. If you’ve been injured in a low-impact crash, don’t let the lack of massive skid marks or extensive vehicle damage trick you into thinking you can’t recover the compensation you need. By reaching out to the right San Mateo car accident attorney, you can obtain the evidence you need to get a full recovery for the harm you’ve suffered.

When you’re injured in a low-speed accident, you can reasonably expect that the defense may argue to the jury that you are “faking it” or are exaggerating your injuries for a larger “payday.” The defense may argue that the accident occurred at such an extremely low speed that the injuries you’ve asserted couldn’t possibly be the result of that crash. The defense team knows that, just like many of the rest of us, at least some of the jurors have seen the movie/TV scenes with the gigantic neck braces and halos, and have heard the (usually false or distorted) “horror” stories of people collecting multi-million-dollar awards for trifling injuries.

The reality is, though, that the science disputes this idea that low-impact collisions can’t ever cause serious injuries. Research from a branch of the National Institutes of Health shows that there “does not seem to be an absolute speed or amount of damage a vehicle sustains for a person to experience injury.” The research’s crash tests revealed that “a change of vehicle velocity of 4 km/hr (2.5 mph) may produce occupant symptoms.”

Safety Research — and Recent California Accidents — Clearly Show: Speed Kills

May 28, 2020 | Law Offices of Galine, Frye, Fitting & Frangos

Federal statistics from the National Highway Traffic Safety Administration (NHTSA) show just how dangerous – and deadly – speeding is. NHTSA’s information showed that speeding killed more than 9,300 people in 2018 and was a factor in more than one-quarter of all traffic deaths in 2017. If you’ve been hurt by a driver who was speeding, whether you were in another vehicle or you were that driver’s passenger, you may be entitled to significant compensation. You should promptly act to retain a skilled San Mateo car accident attorney, as you only have a limited time to file a lawsuit and pursue the recovery you need.

Two recent accidents in Northern California highlight just how deadly speeding can be. Earlier in May, a terrible accident in San Jose left four young people in their 20s dead, according to CBS SF Bay Area. The report indicated that the driver of a 2005 Dodge SUV was traveling southbound on Highway 85 when he lost control, causing the SUV to overturn several times. The crash threw two people from the vehicle. Three died at the scene and a fourth died at a nearby hospital. All were either age 25 or 26.

Another driver on Highway 85, whom the Dodge passed shortly before the crash, told CBS that the driver was driving erratically and the CHP told CBS that “we believe this vehicle was at excessive speeds and was weaving,” The police also believed that the driver of the SUV was under the influence, which is why he is facing multiple criminal charges for murder.

Several Recent Serious Truck Crashes in California are Important Reminders of the Dangers of Fatigued Truckers

May 19, 2020 | Law Offices of Galine, Frye, Fitting & Frangos

The headlines pop up with alarming frequency. “Semi-truck driver falls asleep at wheel, crashes causing serious injury to passenger.” “Highway 99 lane closed after truck crash, fuel spill near Merced.” “Trucker pleads guilty to California crash that killed 13.” A semi-truck driver operating his vehicle in a fatigued state is one of the biggest dangers on the road. Crashes involving semi-trucks often inflict major injuries and massive harm to those involved… and to their families. If you or a loved one was hurt in an accident due to the negligence of a commercial truck driver, you may be entitled to receive substantial compensation from the driver, the trucking company and others. An experienced San Mateo truck accident attorney can provide invaluable help to you as you take on these companies and pursue the recovery you need.

In the three California crashes mentioned above, they all had one thing in common: a truck driver who was asleep (or claimed to be asleep) at the wheel at the time of the accident. The most recent one, which just happened earlier this month, involved only the big rig and occurred in San Luis Obispo County. Once the driver fell asleep, the truck went off the road and landed on its side. The passenger inside the truck’s cab suffered major injuries. The “cause of the crash is believed to be driver fatigue,” according to a KSBY report.

Last month, the scene was the San Joaquin Valley. Authorities were forced to close part of Highway 99 after the driver of a northbound fuel tanker fell asleep and jackknifed. The driver said he fell asleep and neither drugs nor alcohol were believed by CHP to have been factors, according to the Merced Sun-Star. Fortunately, no one was seriously injured in that crash.

A California Jury Awards $21M to a Farm Worker Permanently Paralyzed in Two-Vehicle Crash

May 13, 2020 | Law Offices of Galine, Frye, Fitting & Frangos

Sometimes, after reading a news headline about an accident injury victim who recovers a damages award in the tens of millions of dollars, you may wonder if awards like that are really legitimate or just an instance of an out-of-control jury. The reality is that, very often, these massive awards are entirely justifiable and appropriate! There are many ways that a vehicle accident can inflict a huge amount of damage on those hurt. One scenario where that is definitely a realistic possibility occurs when the injury victim is a young income earner whose injuries have left him permanently and totally disabled and requiring a lifetime of 24/7/365 care. If that happens to you or your loved one, it is essential to your family’s short-term and long-term well-being and financial security that your civil lawsuit gets you the full recovery you deserve. To aid in that goal, be sure you have an experienced San Mateo car accident attorney on your side.

J.M. was one of those people who suffered a catastrophic injury through no fault of his own. J.M., a farm worker in the Fresno area, was headed home from work one day when the van in which he was riding stopped at a railroad crossing. The driver of a Dodge pickup truck, C.B., slammed into the back of the stopped van going roughly 55 mph, according to a Fresno Bee report.

The massive injuries he suffered left J.M. paralyzed, according to the report. The only offer of settlement the injured man received was a sum of $25,000, which represented the policy limit of C.B.’s auto insurance coverage.

The Importance of Having a Properly Drafted Statutory Settlement Offer in Your California Auto Accident Case

May 6, 2020 | Law Offices of Galine, Frye, Fitting & Frangos

There are so many areas where a knowledgeable San Mateo injury attorney can provide you with invaluable advice and assistance with your accident case. Your experienced attorney can give you essential guidance in assessing what your case is “worth,” and guide you in deciding how much to offer in settlement, as well as whether or not to accept a settlement offer from the defense.

A recent San Francisco accident case is a helpful illustration of how important these things can be. The plaintiff, C.A., was significantly injured an accident involving himself and X.L. Roughly two years later, C.A. sued X.L. for negligence.

In California, settlement of disputes like personal injury matters is encouraged by the courts. To further that goal, state law has Code of Civil Procedure Section 998. The section says that if you, as an injured plaintiff, make a qualifying settlement offer that the defense rejects and then, at the end of your trial, your damages award is more than 25% more than your settlement offer, then you may be entitled to recover certain additional costs and fees.

A Recent Bay Area Accident Kills One, And Reminds All of Us of the Dangers California Motorcyclists Face on the Road

April 28, 2020 | Law Offices of Galine, Frye, Fitting & Frangos

California has more than 800,000 motorcycles registered in the state and has the largest volume of motorcycle traffic in the U.S. A lot of those motorcycles are here in the Bay Area. Motorcyclists are under several elevated risks on the road, as drivers may be more likely to overlook them, and accidents involving motorcycles may lead to more serious harm to motorcyclists and their passengers. Whether you’re driving a massive SUV or a basic motorcycle, other drivers still have a legal obligation to be attentive and avoid crashing into you. If you were hurt in a motorcycle accident, be sure you contact a knowledgeable San Mateo motorcycle accident attorney to get the advice you need about your legal rights and options.

A recent Bay Area accident is a tragic example of how serious motorcycle accidents often are. According to KPIX, M.D. was a motorcyclist traveling on a six-lane road in South San Jose. As he headed north, the driver of a southbound Jeep attempted a left-hand turn onto a two-lane road. The Jeep crossed directly into the motorcycle’s path and the vehicles slammed into one another. The impact threw M.D. from his bike and he died at the scene, according to the report. Police quickly ruled out intoxication as a possible cause of the accident.

How does a driver who was neither drunk nor high turn right into the path of an oncoming vehicle? There are several possible explanations. Many drivers are guilty of driving while distracted, with their cell phone or other electronic device serving as the distraction. Other drivers may drive with a certain degree of diminished attention that, while allowing them to see cars or trucks, allows them to miss vehicles like motorcycles.

What a ‘Motion for Summary Judgment’ Is and How it Can Play a Huge Role in Your California Injury Lawsuit

April 20, 2020 | Law Offices of Galine, Frye, Fitting & Frangos

When you’re hurt and you have to sue for damages, a trial may be part of the process. It’s important to remember, though, that the trial itself is not the beginning, middle and end of your case. There is a great deal of work that goes into the period before your trial in order to ensure that the outcome you get is the outcome you need. To be sure you have the right legal help to get you to a successful outcome, make sure you have an experienced San Mateo injury attorney working for you.

I.T.’s case was an example of the importance of success in the pre-trial phase. I.T. was a construction worker who fell through a skylight at a construction site and who, as a result, sued the general contractor on the project. Before the trial, the defense filed a motion arguing that I.T. was an independent contractor, that the contractor could not be liable under California law and that it was entitled to summary judgment in its favor.

The battle over a defense motion for summary judgment is an extremely important crossroads in any injury case. In a civil lawsuit, there are generally two ways to arrive at a successful outcome. One is through settlement and one is via a judgment. To receive substantial compensation via either of these paths, it is often necessary to defeat a defense motion for summary judgment. A summary judgment for the defense is something ordered by the court that says that, regardless of what evidence you might put on at trial, there is no possible way under the law that you could succeed in getting a judgment in your favor.

What a California Court’s Ruling in an Injured Baseball Spectator’s Case Can Say About Your Injury Lawsuit

April 14, 2020 | Law Offices of Galine, Frye, Fitting & Frangos

Many of us have heard a lot on the cable news channels about the importance of “precedent” in the law in recent years. Precedent is, of course, very important. It means that, generally, if past rulings said that a defendant was not liable in a particular set of circumstances, then you typically won’t win your case if the circumstances surrounding your injury were substantially similar to those past cases. Sometimes, though, the law should – and does – change. Just because previous injured people have lost their cases that seem similar to yours, that alone is not reason to give up on your case. Instead of giving up, discuss your situation with an experienced San Mateo injury attorney to find out if there may still be possibilities for success for you.

A recent case involving a baseball spectator is an example of how changing standards in an industry may mean a change in the law. S.J. was a 12-year-old girl attending a baseball game in Long Beach. She and her mother were seated just beyond the protective netting behind home plate. A foul ball struck the girl in the face, causing massive damage including a cranial hemorrhage and severe damage to her optic nerve. The girl required the insertion of a metal plate behind her eye, which was the first of several surgeries she would require to treat fully the harm caused by the foul ball.

Historically, baseball spectators who suffer injuries after a foul ball hits them have had very little success in personal injury lawsuits. That’s because of a legal concept called “assumption of risk.” That concept says that, if you voluntarily engage in an activity that carries with it certain inherent risks, then you become the person responsible for any harm occurring as a result of that activity. That has often included baseball spectators, as voluntarily choosing to attend a baseball game carries with it the inherent risk that a foul ball (or a homerun ball) might hit you and hurt you, meaning that the player, the league/association or the stadium owner were not responsible.

How to Pursue and Win an Auto Accident Case Against a Texting Driver in California

April 6, 2020 | Law Offices of Galine, Frye, Fitting & Frangos

When you’re injured in an auto accident, you may worry that this crash will cause you to miss a lot of time at work. You may worry that your injuries will impair your ability to care for your children or meet your financial obligations. Any accident caused by someone else is frustrating, but it may be especially irritating if the driver who hit you was texting while driving. While exceptionally frustrating, clear evidence that the driver who hit you was texting at the time of the crash may be a huge help to you when it comes time to go to court and seek much-needed compensation for the harm you’ve suffered. Be sure you have an experienced San Mateo car accident attorney on your side to help you discover all the facts and then use them to your maximum benefit in court.

In Los Angeles, despite efforts by the city government, “the number of people killed in car crashes stayed stubbornly high,” according to the Los Angeles Times. One of the key contributors to that is drivers texting while driving. Drivers traveling “30, 40, 50 mph … put their head down to pick up a text or handle a call, and they move 100 yards, and they drive over someone,” LAPD Chief Michel Moore said in the Times report.

Regrettably, distracted driving isn’t just a problem in Los Angeles. In mid-March, a 20-year-old woman who was “driving northbound… and using her cellular phone” in Redding collided with another driver. According to actionnewsnow.com, the 20-year-old woman did not notice that her traffic light was red, she ran the red light and crashed into another car. The driver of that second vehicle was injured and was transported to a local hospital, according to the report.

What Do I Do When the Person Who Rear-Ended Me in California is an On-Duty Federal Agent?

March 27, 2020 | Law Offices of Galine, Frye, Fitting & Frangos

Any injury-causing vehicle accident has the potential to present unique complications. Perhaps you were hurt in a complex multi-vehicle chain-reaction accident. Maybe you were hit by a hit-and-run driver. Or perhaps were hurt after a federal DEA agent slammed into you. Each of these scenarios has the potential to present complications, each in different ways. That’s why it pays to have an experienced San Mateo car accident attorney on your side from the start. Your skilled attorney has the knowledge to know how to address the unique complexities of your case and still guide you to a successful outcome.

The complexity of R.R.’s distracted-driving accident case was not a matter of how it happened, but who was behind the wheel. As R.R. was driving along Interstate 710 to work, he came to a stop. The driver behind him, who appeared to be distracted by something inside his vehicle, rear-ended R.R.’s vehicle.

At first, R.R.’s symptoms were minor. Imaging of his brain did not show anything irregular. As time passed, though, R.R. got worse. That’s not uncommon in a vehicle accident. A lot of times, it may take days or even weeks for symptoms of underlying accident-related problems to emerge. R.R. began experiencing dizziness, vision problems, headaches, vertigo and balance problems. R.R., it turns out, had a traumatic brain injury that had left him unable to drive and permanently disabled.