O'Mara & Padilla, Attorneys at Law

motor vehicle accidents Archives

Car accidents and the family car doctrine

It's no secret that teen drivers are often dangerous drivers. In addition to their inexperience, many of these young motorists are distracted while behind the wheel, oftentimes engaging in texting and driving. As a result, many teen drivers cause car accidents that result in serious injuries. Although the victims of car accidents can typically recover compensation for the damages inflicted upon them, this can be challenging when suing a teenager who has very little, if any, money.

Our skilled litigators are ready to aggressively handle claims

We recently discussed the importance of making and meeting objections during litigation. While appropriately doing so can significantly increase the chances that you will succeed on your personal injury or wrongful death lawsuit, doing so also leaves the door open to argue those issues on appeal. This is no small thing, especially since many personal injury and wrongful death cases are reversed and remanded on appeal, meaning that they are sent back to the trial court for additional proceedings that take into account the ruling by the court of appeals. In other words, a successful appeal can give you a second bite at the apple.

Why proper objections and responses are so important

If you've ever watched a courtroom drama on television, then you've probably seen countless objections made. So frequently, in fact, that you may feel like you know the basic objections and what they mean. This is true for many Californians who believe they may understand the definition of hearsay or why a fact is or isn't relevant.

Errant teenage driver strikes and kills pedestrian

While many injuries and deaths associated with car accidents occur when two or more vehicles collide, they also often involve pedestrians. Sometimes motorists fail to yield at crosswalks, but other times unsuspecting individuals are struck by vehicles while they are merely walking down the sidewalk.

Vicarious liability claims may help cover full extent of damages

Many New Mexico residents find themselves driving in close proximity to semi-trucks on a daily basis. Fortunately, these individuals are usually able to avoid getting into a truck accident, but others are not so fortunate. Fatigued, intoxicated, and distracted truckers can swerve into oncoming traffic, fail to yield to oncoming traffic, or fail to stop in time to avoid a rear-end collision. Regardless of how these accidents occur, if negligence plays a role, then an accident victim may be able to recover compensation for his or her losses via a personal injury lawsuit.

What is the importance of depositions?

Building a compelling legal case involves addressing several elements. A flaw in any one of these areas can jeopardize a claim. For this reason, someone pursuing a case, particularly a personal injury one, needs to take a holistic approach toward their claims. One way to ensure that your legal arguments are fully prepared before litigation, is by taking depositions of key witnesses.

Personal injury claims for hope of a better future

A recent post on our blog discussed the discovery process and the importance it can have when a car accident victim chooses to take legal action against the party who caused him or her harm. In the days, months, and years following a car accident, it can be easy to lose focus of one's legal options as an individual turns to his or her recovery, return to work, and coping with what could be a life-altering injury. Yet, these victims need to make sure that they are doing everything they can to protect their legal rights. After all, succeeding on a personal injury lawsuit can punish a negligent individual, provide a victim with a sense of closure, and perhaps result in the recovery of much needed compensation.

Car accidents and the discovery process

A car accident can leave you reeling on many fronts. You might find yourself overwhelmed by the physical and emotional pain thrust upon you, but you could also wind up finding yourself with unsustainable financial burdens. If the wreck forces you to miss work, then you may suffer from lost wages. If you're hospitalized as a result of the crash, then you may incur substantial medical expenses. Without taking any action, these damages can leave you on the brink of ruin. Therefore, if you believe that the accident that harmed you was caused by the negligence of another, then you might want to consider pursuing a personal injury lawsuit.

One dead in Encinitas pedestrian accident

The warm weather that envelops the Encinitas area year-round makes it prime for taking to the outdoors. Many area residents choose to ride bicycles or motorcycles, while others take to foot as a way to get to work or school, or merely as a form of exercise. While these individuals can certainly enjoy the outdoors in this area, it is not without its risks, as pedestrians often have to be in close proximity to moving cars and trucks. Therefore, their safety is often left in the hands of motorists who may be acting negligently.

Truck companies can be sued for employee's negligence

Due to California's bustling economy, it is not uncommon to see a significant number of semi-trucks on the state's roadways. While these massive vehicles provide a powerful benefit to the economy, they can also pose a threat to the motorists around them. This is especially true when they are driven negligently, such as when a trucker is fatigued, intoxicated, or distracted.

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