Practice Areas
Were You Injured in a Car Accident?
The first thing you should do before discussing your accident with anyone is to contact us at 800.341.2292.
- No Fee Unless We Win!
- Free Consultation!
- See What Your Case Is Worth!
- We Handle Property Damage On Your Behalf at NO Extra Cost!
- We Don't Get Paid Until You Get Paid!
Our team of professional auto injury specialists at Tishbi Law Firm will schedule a free no obligation consultation. We will go over all the details of your accident to determine the best course of action. We can provide you with all the information you need to move forward with your claim. We will ensure you get the highest settlement possible and avoid some of the common mistakes.
Before you sign any documents with an insurance company, it is critical that you understand your rights. Insurance Companies are not on your side. They will do whatever they can to persuade you into signing off on their first offer. They will make no effort to properly assess the physical or psychological damages caused by the accident. Their only concern is to protect the company’s profits.
An insurance claims person will use some of these typical tactics:
- Ask you to provide a recorded statement regarding the accident and your injuries.
- Ask you to fill out complex paperwork to use it against you.
- Force you to be examined by their own medical specialists whose diagnosis usually conflicts with the medical report your doctor gave you.
- Claim your auto accident injuries were pre-existing and not linked to the crash.
- Convince you that you are partially or completely liable for the accident.
- Tell you that your injuries are not nearly as serious as you claim.
- Offer you a ridiculously low settlement and pressure you to sign it by saying their next offer may be much lower.
- Most victims are very vulnerable after an auto accident. They will use this to encourage you to make statements that can be used against you later to minimize the value of your claim.
This is why you need Tishbi Law Firm. We are highly skilled in fighting against insurance companies and protecting your rights. We deal directly with the insurance company to eliminate the pressure and stress they will impose upon you to settle.
Here is a list of some common injuries people sustain from an auto accident:
- Neck, Back and Spinal Injuries.
- Whiplash, herniated discs, spinal cord damage, sprains, or strains.
- Head and Brain Injuries
- Concussions or other traumatic brain injuries, internal bleeding, skull fractures, or lacerations that require plastic surgery.
- Burn Injuries
- Burns can range between minor to fatal. Serious burns may require skin grafts and result in scarring.
- Soft Tissue Injuries
- When muscles, tendons, or ligaments are stretched or torn in an accident, the pain can be significant and lingering.
- Spinal Injuries
- Spinal cord damaged can result in paralysis or a loss sensation in the lower extremities.
- Broken Bones
- Fractures and breaks can be extremely painful and may require multiple surgeries to repair the damage.
We are committed to getting you the highest settlement, and you pay nothing until we win your case.
Actions to Take After a Car Accident
Here are some actions you should perform immediately after an accident:
- If you’ve been injured in a car accident your very first action is to seek medical attention.
- Check on other passengers.
- See if any passengers in your vehicle or the other vehicle need immediate medical attention.
- Inspect the scene of the accident to determine if there are any hazards that could cause further harm, such as on-coming traffic, fire, gas leaking from any vehicles, or any other potentially harmful conditions.
- Call 911 for immediate help.
Report the Accident
You are required to make a report of an automobile accident that involves injuries; even minor, or property damage. A documented report will also assist you later when you file an insurance claim. If you are sure you were not at fault for the accident, getting a police report can help support your case and will provide beneficial information if the other driver was intoxicated or disobeyed a traffic law.
Speak with the Other Driver
Get the other driver’s name, address, license number, license plate number and insurance card. Also, get the name(s) and address of any passengers. Make notes describing the other vehicle and the damage. Never discuss the cause of the accident or apologize, these statements can be used against you in a lawsuit.
Take Photos
Almost everyone has a mobile device with a camera and that is all you need to record images of an accident. If your cell phone was damaged in the accident, see if any passenger has a working camera or ask a witness if they will let you use their device.
- Get as many photos as possible.
- Make photographic notes of the weather conditions, such as if it was raining or snowing.
- Record the damages to your vehicle and any other vehicles involved with the accident.
- Take photos of all the debris and wreckage on the road.
- Photograph all street signs and traffic signals.
- Get images of all the vehicles before they are moved from the roadway.
- Record any property damage, this can be a lamppost, parked vehicle, mailbox, someone’s yard, traffic light, etc.
- Take photos of all skid marks.
- Photograph all injuries.
Look for Witnesses
Scan the scene to locate any witnesses. Ask all bystanders if they will provide their contact information and ask if they will remain at the accident scene to provide a statement for the police report
Surveillance
Look around to see if there are any surveillance cameras that may have recorded the accident, such as a traffic camera or security cameras from a nearby business. Ask the police if your attorney can obtain the video from these devices.
Write a Detailed Description
Be sure to write down the accident details when they are fresh in your mind. Write what happened before the accident and description of how the accident occurred. Record the date, time and location of the accident. Describe the weather conditions or other factors that may have contributed to the accident. Example: a deep pothole, road debris, heavy equipment and road repairs, non-functioning traffic signals or any other condition.
Seek Medical Treatment
Some injuries are not noticeable immediately after an accident. You should always get checked out by a paramedic or first responder to determine there are no internal injuries and to confirm you are unharmed. Some conditions such as “whiplash” may not show immediate symptoms. Early diagnosis is always best. Also, getting a medical examination immediately after an accident can help establish a link between the injury and the accident. Be sure to retain a copy of all medical expenses and records related to the accident.
Call Tishbi Law Firm immediately for a Free Consultation. It is very important to contact us as early as possible. We will explain your legal rights and provide communication between you and the insurance company. We will instruct you regarding the evidence you should collect and when to provide a statement to the insurance company.
We will:
- Review your insurance policy.
- Read your policy carefully to make sure you understand the claims process and your rights and duties under the claim.
- Check the time deadlines in the policy that you must adhere to.
- Contact Your Insurance Provider.
- Tell your insurance company about the accident. This will make them aware that you will be filing a claim.
- File a Claim
Remember, the insurance company is not on your side. Insurance companies are in the business of making money, and they will do all they can to reduce your compensation. This is why you need Tishbi Law Firm, on your side. We understand how the insurance companies operate and we fight for every last dollar to maximize your claim.
If You Think You Are at Fault
Remain Silent
After a car accident it is imperative to remain silent about who is to blame for the incident. This may seem like a simple concept, but admitting fault is one of the most common mistakes that people make following a crash. Even a simple apology can potentially be used against you.
Do Not Admit Fault
Do not admit that you are at fault or even partially at fault to the driver of the other vehicle, the police, your own passengers or anyone else. There may be extenuating circumstances that may have contributed to the accident that you are not aware. Although hearsay is not admissible in court, the exceptions to this are statements that can serve as an admission or confession and can be included statements by the other party.
Do Not Discuss What May Have Caused of the Accident
Do not ask the other driver, passengers or witnesses what they think caused the accident.
Make No Accusations
Do not accuse anyone of violating traffic laws or being drunk etc., those details will be handled by the police. Law enforcement may administer a breathalyzer or blood test to determine if either driver was intoxicated at the time of the crash. The officer may also ask routine questions and look for evidence, such as empty alcohol containers in the vehicle as well as drugs or illegal substances if either driver is suspected of being high. Law enforcement is highly trained to discover the cause of an accident using forensic scientific methods.
Take Notes
It is important to take notes of any statements made by the other driver. A smart phone, iPad, Android tablet, or other electronic device can be used for recording voice memos in the aftermath of an accident. Use whatever means available and gather as much detail as possible about the accident
Get an Attorney
The most important action that can be done after a car accident to preserve your rights is finding and contacting an attorney that specializes in personal injury, this will have the greatest impact on your case. Without the guidance of legal counsel, you will be vulnerable to the tactics of the defendant’s lawyer and the opposing side’s insurance company. An insurance adjuster will pressure you to accept a low and unfair amount of money and possibly waive your legal rights in exchange for a quick settlement. Before you sign anything, be sure to consult with Tishbi Law Firm. We will provide you with the legal protection you need.
Is California a No-Fault State?
California is considered an at- fault or tort state regarding auto accidents. California requires that the person responsible for causing the accident be identified before insurance will pay for damages. Therefore, it is important to contact Tishbi Law Firm, a specialist in accident law; we can help you understand your rights.
California also requires that a party must prove fault before there is legal liability. This means that the injured party must show that the other party negligently caused the accident. California follows a system of pure comparative negligence to award damages in vehicle accidents and other tort cases.
Comparative Negligence
Very often accident cases cannot be attributed to only one driver. Many accidents can involve multiple parties. California uses a pure comparative negligence system to resolve issues to determine recovery when multiple defendants are involved.
Comparative negligence assesses each party’s negligence and weighs it against the resulting injuries. Pure comparative negligence reduces a plaintiff’s award of damages by the proportion that he or she was responsible for. For example, if the damages in a case are $100,000 but is determined that the plaintiff is responsible for 20 percent of the injury, they will receive $80,000.
California cases involving fault issues are often complicated. That is why you need Tishbi Law Firm, we are experienced in handling auto accidents and comparative negligence matters.
Automobile Accident Law?
The laws associated with auto accidents determine who is responsible for the collision. It may be a single person or multiple individuals if more than two vehicles are involved. These laws are based on personal injury negligence.
It is common for extenuating circumstances to exist in any accident; however California law requires victims to prove the 4 basic elements of duty, breach, causation and harm before they can receive any compensation for their injuries.
Drivers have a legal obligation to operate their vehicle in a responsible manner. This requires observing traffic laws, maintaining vehicle control at all times, being aware of the surroundings, driving at a safe speed, and never operating a vehicle while under the influence of alcohol or drugs.
Duty is something that we should all accept if we want to enjoy the privilege of driving. However, it is the responsibility of the plaintiff (victim) to provide evidence that the other driver breached that duty. This can be achieved by providing details of the accident; such as a police report, eye witness statements, surveillance video, and testimony from passengers, and in some instances, admission from the other driver that they were at fault. You may also provide circumstantial evidence in the form of photos showing damage to the vehicles, skid marks, scrapped paint, and blood level alcohol.
We can accept that the other driver had a duty to operate their vehicle in a responsible manner and you can provide evidence that they breached that duty, however, an insurance company or a court of law will not assume those conditions caused your injuries. You must prove the element of causation. The most common method is medical testimony that demonstrates the injuries are the result of the car crash, and that the injuries did not exist before the accident.
The last element is to prove harm. Even if the other driver was belligerent and acted hostile; as in road rage, his conduct behind the wheel will not deliver a negligence lawsuit unless you can prove this resulted in harm. A near miss incident does not qualify as a legal case unless you can provide evidence that the incident caused traumatic stress that resulted in seeking medical intervention in the form of therapy or prescribed anxiety drugs. And this cannot be the result of a pre-existing condition.
Contact Tishbi Law Firm today for a free consultation at 800.341.2292. You are our Number One Priority and we promise to defend and protect your rights.
General Information
Motor vehicle accidents are the most common personal injury cases. They comprise the largest number of claims due to the high amount of accidents. It is very important to know what actions to take immediately after an accident. This information can make a significant impact in an automobile accident case and greatly help to protect your legal rights.
Regardless of the severity, a car accident is frightening. It’s usually very difficult to remain calm after an accident. Even a minor collision can be stressful and traumatic. However, it is essential to obtain all the details and evidence immediately after an accident. If your injury is serious and you cannot gather this information, or if you do not have someone; such as a passenger, to get the details, you can obtain most of this from a police report. You will need all the facts to maximize your legal claim or minimize your liability in the event you are determined to be at fault.