Modesto Personal Injury Lawyer - Automobile Accidents

Insurance Companies Only Pay Kicking and Screaming

Lawrence Knapp — Thu, 25 Jun 2009 19:05:31 GMT

I tell my clients all the time. Insurance companies are in the business of collecting premiums, not paying claims. If you don't believe it take a look at this article where another insurance company run amok refuses to pay its contractual obligations to those whom their insureds injure. The automobile accident severely and permanently caused catastrophic injury to this New Jersey man. A jury returned a verdict for $31 million and Superior Court Judge John Fratto "adjusted" the verdict to $19.3 million this year. If the judge's adjustment of what the jury believed was justice was not bad enough, the insurer responsible to pay the verdict refuses. Anderson's attorney, John M. Dodig, pointed out that while State National Insurance and the county try to avoid payment, they are running costs higher with interest compounded daily. "The insurance company is wrongfully and in bad faith refusing to live up to its obligation to pay the verdict," Dodig said. "And I fully expect that they will be found to have acted in bad faith."

Tango commented: "Gotta love insurance companies. They know how to take your money but when you need it back you have to pry it from their cold dead fingers. I'm not even sure what the point of insurance is anymore because legalized extortion."

Ain't it the truth.

Originally posted at InjuryBoard by Lawrence Knapp

Tire Maintenance a Key to Preventing Car Accidents

Marlon A. Scarlett — Thu, 02 Apr 2009 10:57:24 GMT

I recently returned from a 15 hour road trip down the east coast. In preparation for that trip I had to undertake certain vehicle inspections to verify that my vehicle was road ready, and to my surprise my car was diagnosed with a bad tire. It was then that I thought how often do people perform normal safety checks on their vehicles.

If you are a NASCAR fan, you may have seen the horrible tire blowout as the driver struggles to get the car under control, it is sheer training. But for the lay person, it’s best to avoid the risk all together by checking tire pressure and wear and tear often. A tire blowout on the highway at high speeds can be dangerous and perhaps fatal.

According to National Automotive Sampling System:

“NASS-CDS data for 1995 through 1998 (with predominately radial tires) were examined and average annual estimates there are an estimated 23,464 tow-away crashes caused per year by blowouts or flat tires. Thus, about one half of one percent of all crashes are caused by these tire problems. When these cases are broken down by passenger cars versus light trucks, blowouts cause more than three times the number of crashes in light trucks (0.99 percent) than in passenger cars (0.31 percent). Blowouts cause a much higher proportion of rollover crashes (4.81 percent) than non-rollover crashes (0.28 percent); and the rate in light trucks (6.88 percent) is more than three times the rate in passenger cars (1.87 percent).”

It is said that tires last 35,000 to 50,000 miles on average. Experts suggest that you still check your tires as often as possible - checking the pressure and making sure that your tire is not bald and that the metal threads on your tire are not shown. If you are within that 35,000 to 50,000 mile range and you see threads, you might want to check with the manufacturer to verify the tire's warranty. Nevertheless, if you find yourself in a situation where you see that your tire is bald and wiring is showing, do your family and friends a favor and replace it with a spare or have the vehicle towed to the nearest tire shop.

Best regards,

Marlon A. Scarlett

Originally posted at InjuryBoard by Marlon A. Scarlett

Modesto Woman Killed In Car Crash Near Oakland

Chrissie Cole — Sat, 14 Feb 2009 09:57:00 GMT

A Modesto woman, 24, was killed in car accident on Friday when her vehicle veered of the road, spun out and crashed into an abandoned home on Patterson Road, according to California Highway Patrol.

She was transported to Oak Valley Hospital in Oakdale where she later died, CHP reports.

According to CHP, there was a light fog at the time of the crash. Officals are investigating the cause of the accident, they are unsure how fast the vehicle was going or what caused her Honda to veer of the road and onto the grassy shoulder of the road.

The woman steered to the left to get back on the road, but she overcorrected and had to steer back to the right, the CHP reported. The car then rotated clockwise in a southeasterly direction before running off the road’s south side, a second time, and slid sideways across the road shoulder.

The Honda then struck a wire fence and continued to move in a southeasterly direction. CHP officials said the car then moved across a dirt driveway and collided head-on with a raised concrete foundation of the abandoned house.

CHP says drugs and alcohol do not appear to be a factor in the crash. According to witnesses, the woman appeared to be leaning over seconds before the crash occurred.

Originally posted at InjuryBoard by Chrissie Cole

Modesto Drivers Need Aggressive Representation

Larry Knapp — Sat, 08 Dec 2007 08:31:18 GMT

Insurance companies are in the business to collect premiums and keep the money. They are not in the business of paying claims. It's not profitable. A perfect example is property damage claims. Most people are entitled to loss of use damages and rarely claim them from the responsible party. Here is the law.

Where property is injured, recovery is allowed for loss of use during the time required for repairs (see supra,

Â§1718). Where it is totally destroyed, there is authority denying recovery for loss of use, chiefly on the common law theory that destruction changes the plaintiff's right from one of ownership to a claim for the value. (See 33 So. Cal. L. Rev. 451.) However, in Reynolds v. Bank of America (1959) 53 C.2d 49, 345 P.2d 926, the court disapproved prior dicta and followed the Restatement in rejecting this limitation. Defendant's testator had negligently destroyed plaintiff's airplane. Recovery of its value, $30,000, was allowed by the trial judge, but value of its use for the 4-month period required to find a replacement, and loss of business profits for this period, was denied. Held, reversed.

"There appears to be no logical or practical reason why a distinction should be drawn between cases in which the property is totally destroyed and those in which it has been injured but is repairable, and we have concluded that when the owner of a negligently destroyed commercial vehicle has suffered injury by being deprived of the use of the vehicle during the period required for replacement, he is entitled, upon proper pleading and proof, to recover for loss of use in order to 'compensate for all the detriment proximately caused' by the wrongful destruction." (53 C.2d 50.) (See Rest.2d, Torts Â§927(2)(d); 22 Am.Jur.2d (2003 ed.), Damages Â§Â§296, 297; 33 So. Cal. L. Rev. 451 [pointing out that speculative recovery can be avoided by strict insistence on minimizing damages]; 12 U.S.F. L. Rev. 311 [admiralty collision cases]; 73 A.L.R.2d 719 [measure of damages for destruction or injury to airplane]; 18 A.L.R.3d 497 [recovery for loss of use of motor vehicle damaged or destroyed].)

Ultimately, the consumer needs insurance to protect from a loss.

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Larry Knapp

Drunk Drivers Exposed to Punitive Damages

Larry Knapp — Tue, 18 Sep 2007 10:28:15 GMT

When a drunk driver causes an injury in the state of California like Herondina Pinherosias is accused of doing to Clement Cope yesterday afternoon in the Sonora area on Highway 120, the Civil Justice System enables a jury to punish the drunk driver by

including money in their verdict for punitive damages. The purpose of these damages is to send a message to the driver that their conduct is so extreme and reckless that public policy will exact exemplary damages for the broken lives of those effected.

For more information on this subject matter, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Larry Knapp

Motorcycle Riders in Modesto Beware

Larry Knapp — Mon, 17 Sep 2007 10:20:25 GMT

Riding a motorcycle can be a dangerous activity, particularly if you happened to be in Modesto last week. Inattention by other drivers is a big factor in many instances. It is critical for the motorcyclist to pay particular attention when entering or exiting Highway 99. Because motorcycle riders tend

to be harder for automobile drivers to see it is very important to use extra caution to avoid injury.

The people responsible for these injuries can only truly be held accountable by the civil justice system. Insurance Companies have been working for years to avoid their contractual obligations and convince the public that there is something wrong with holding the at fault driver accountable for the injuries. A fractured leg can cause great disability and hardship to those effected. It is up to all of us to stand up to the myths and take action, holding the at fault drivers accountable for their wrongdoings. Their

Originally posted at InjuryBoard by Larry Knapp

California Firefighter Killed in Motorcycle Accident

Chrissie Cole — Sat, 18 Aug 2007 20:57:02 GMT

A motorcycle accident in Pauma Valley, on Sunday, claimed the life of a California Department of Forestry firefighter, according to authorities.

The firefighter, 28, of Menifee, was riding his motorcycle on Pala Road (also known as Highway 76) when the crash occurred, according to a dispatcher with California Department of Forestry and the coroner's office.

The motorcyclist died at the accident scene.

According to the coroner's office, he was a CDF firefighter who was stationed at March Air Force Base.

If you or a loved one has suffered injury in a motorcycle accident, you can use the form located on the right to contact one of our personal injury lawyers for a free consultation.

For more information on this subject, please visit our section on Car and Motorcycle Accidents

Originally posted at InjuryBoard by Chrissie Cole