What Types Of Accident Cases Do We Handle?
No one chooses to become involved in an accident and suffer injuries. However, negligent individuals and the resulting accidents are unfortunately all too common. Fortunately, the experienced personal injury legal team at Silva Injury Law handles many accident cases.
Some of the most common accident cases that we handle include personal injury claims involving:
If you suffered injuries in any of these circumstances, you should immediately speak with the trusted legal team at Silva Injury Law. We can explain your legal options clearly and help you develop a plan of action to move your case forward through the settlement or litigation process.
Below is a more in-depth look at the personal injury claims our firm handles for injury victims in the Monterey area.
Auto Accident Claims
In California, many auto accidents result from a driver’s negligent conduct. A driver is typically negligent when they act unreasonably under the circumstances. For example, a negligent driver might violate a traffic law, speed, drive inattentively, engage in road rage or distracted driving, or drive while under the influence of alcohol or drugs.
To prove that a driver was negligent under the circumstances, you must show that the driver owed you a duty of care they violated in some way. In addition, you must show that you sustained personal injuries in your accident and that the accident and your injuries directly resulted from the other driver’s negligence.
Truck Accident Claims
Many accidents, unfortunately, result from truck driver and trucking company negligence, including driver fatigue, lack of training, speeding, driver intoxication, vehicle defects, and truck maintenance issues. Moreover, some truck crashes happen when truck drivers and trucking companies violate state and federal motor carrier regulations.
Since most trucks are significantly larger than the average motor vehicle, serious accidents can lead to debilitating injuries. If a truck driver operates their vehicle while in the scope of their employment, the trucking company may share some or all of the legal liability.
A Monterey personal injury attorney at Silva Injury Law can identify all potentially responsible parties and name them as defendants in any lawsuit you file in court.
Motorcycle Accidents
Motorcycle riding has several inherent risks due largely to the lack of protection that motorcycles offer their riders. Besides a motorcycle helmet, riders have minimal protection if an accident occurs.
Some motorcycle accidents happen because of inattentive and negligent drivers. In contrast, others occur because of deep potholes or loose gravel that a municipality, such as a city or a county, fails to repair in a reasonable amount of time. Inclement weather conditions may also contribute to a motorcycle crash—especially if a driver does not slow their vehicle down appropriately.
A motorcycle accident lawyer in Monterey can help you file a personal injury claim or lawsuit arising from a motorcycle crash that someone else negligently caused.
Bicycle And Pedestrian Accidents
Bicycle and pedestrian accidents typically result from driver error. Motorcyclists, bicyclists, and pedestrians have limited protection while on the road. Some of the most common causes of these accidents include drunk and drugged driving, defective roadway conditions, distracted driving, failure to yield the right-of-way, and failing to obey posted roadway signs.
Dog Attacks
When a large dog attacks a person, the accident victim can suffer severe physical injuries, including bite wounds, teeth mark wounds, puncture wounds, fractures, broken bones, and deep lacerations.
In California, a dog owner is liable for all dog attack injuries. This is true even if the attack results in a relatively minor injury. Moreover, dog owners are responsible for dog bite injuries even if their dog never bit anyone before or showed any vicious propensities previously.
In addition to the physical injuries resulting from a dog attack, an accident victim may also experience severe emotional trauma and psychological injuries, including post-traumatic stress disorder.
Trip And Fall Accidents
Trip and fall accidents are accidents that occur on someone else’s property. Premises owners have to maintain their properties in a reasonably safe condition to benefit their visitors. When a property owner fails to timely warn about or correct a known dangerous defect or hazard on their property, and a property visitor suffers an injury, the premises owner may be legally liable.
Common defects on others’ premises include defective flooring materials, carpeting, staircases, and railings. Other potential trip and fall hazards include food and liquid spills on the floor that the premises owner does not clean up reasonably.
Product Liability Claims
Product manufacturers must make reasonably safe products. Moreover, products should function correctly when a consumer properly uses them. When a malfunction occurs, the injured or ill consumer can file a Product liability claim or a lawsuit against the product manufacturer, designer, or other entity in the product distribution chain.
Premises Liability Cases
Premises accidents include slips, trips, falls, and similar incidents on property belonging to someone else. These accidents frequently happen when property owners fail to care for their property reasonably. However, other incidents may fall under the umbrella of premises liability, including swimming pool accidents, boating accidents, and incidents that result from negligent or inadequate security on the premises.
Wrongful Death Cases
In some instances, an accident victim suffers fatal injuries in an accident. When that happens, surviving family members may be eligible to file a wrongful death claim or lawsuit seeking various types of monetary recovery and damages. Potential damages in a wrongful death case may include compensation for burial and funeral expenses, future lost wages, pain and suffering, medical treatment from the accident date until the deceased individual’s death, and loss of the decedent’s care, comfort, and companionship.
Drunk Driving Accident Cases
Drivers must always drive safely and carefully. This duty includes refraining from alcohol consumption before and while driving a car.
Accident victims in drunk driving cases still need to prove the legal elements of negligence. However, the other driver might have been per se negligent if they were legally intoxicated when the accident occurred. In that instance, the accident victim will still need to prove the causation and damage elements of their personal injury claim or lawsuit.
Distracted Driving Car Accident Cases
Distracted driving car accidents happen when drivers ignore the road. Instead of watching the road, they might look at a cell phone or GPS or listen to loud music in their vehicle.
California prohibits talking on a handheld cell phone while driving. When a driver turns their attention away from the road—even for a short time—they may not see an approaching motor vehicle, bicycle, or pedestrian in the vicinity, causing a severe crash.
Nursing Home Negligence And Abuse Cases
Not every nursing home or elder law facility lives up to its duties of professionalism and compassion for others. When nursing home employees and others commit acts of negligence or intentional acts against residents—and a resident suffers an injury or illness as a result—someone acting on the resident’s behalf can pursue a civil claim or lawsuit against the responsible facility or healthcare provider.
The experienced Monterey personal injury attorneys at Silva Injury Law can begin an investigation to determine if abuse or negligence occurred. If so, we will take the appropriate legal action on your behalf.
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