Below are more questions that clients ask our Fresno car accident attorneys during their free consultation. What are pain and suffering damages? When you are injured in a car accident, you suffer several different types of damages. Your financial damages or economic damages include the out-of-pocket expense related to the accident. Examples of financial damages include medical expenses, damage to property, and lost income. However, you also suffer non-economic damages. Non-economic damages are often referred to as pain and suffering damages. Examples of pain and suffering damages include physical pain, mental anguish, emotional stress, and loss of intimate relations. You can recover money for these claims in addition to reimbursement for your financial damages.
In some cases, you may be entitled to recover money for your car accident claim even though you are partially at fault for the crash. Because of California’s comparative fault law, you may be able to receive compensation for a portion of your medical bills, lost wages, and non-economic damages. To determine if you can recover money for your claim, we urge you to call our Fresno accident attorneys for a free consultation today. How Does Comparative Fault Work in California? California has adopted a pure comparative fault standard for personal injury cases. When more than one party is responsible for the cause of an accident, the court “compares” the fault for the accident and assigns a percentage of fault to each responsible party.
If you travel in and around Fresno County, you may have witnessed multi-vehicle accidents or chain reaction crashes. One vehicle slams on brakes on a busy highway causing two or more vehicles behind the lead car to rear-end each other. Another example is when a vehicle runs a red light or a stop sign causing a collision that results in other vehicles crashing as they try to avoid the initial collision. When a crash involves multiple vehicles, sorting out liability can be very difficult, especially when the drivers disagree as to who caused the initial collision. It is extremely important to identify the cause of the crash to determine who is liable for your damages. Because of California’s pure comparative fault law, more than one person may be responsible for your damages. However, you may also be held responsible for the crash under comparative negligence standards.
When you are injured in a traffic accident, you can hold the negligent driver or party responsible for the accident liable for your damages. In other words, if you did not cause the collision, you might be entitled to receive money from the party who did cause the crash. However, that money could be taxable as income in some cases. Compensation for Pain and Suffering The money you receive as compensation for the pain and suffering from your physical injury or illnesses is not considered taxable income by the Internal Revenue Service or the California Department of Revenue. This also includes the amount you receive for the emotional distress or mental anguish you suffer because of the physical injuries or illnesses. However, if your claim is for emotional distress or mental anguish that did not result from a personal physical injury or illness, you may owe income tax on all or a portion of the settlement.
ABC30 News reports that more than a year and a half after construction began, the Tuolumne Bridge is now open for traffic. The overpass extends from Broadway to F Street in Downtown Fresno and will allow for an additional route to West Fresno and Chinatown. The new structure also allows for a future High-Speed Rail. Easier access to the downtown area is expected with the new two-way street.
This sounds like an odd question because you would assume that anyone involved in a traffic accident would know if that person sustained an injury. However, this is not always the case. After an accident, you may believe that you are “okay” because you do not feel any immediate pain or have any visible signs of harm. However, this does not always mean that you escaped the crash without any injuries. Traffic accidents, including pedestrian, bicycle, and motorcycle crashes, can be violent and cause injuries that are not immediately known to the victim. Some injuries may have delayed symptoms. Therefore, you should always see a doctor after any accident, regardless of whether you feel fine or you believe the accident was “minor.” Even low-impact accidents can cause debilitating injuries.
Traumatic Brain Injury (TBI) is a serious brain injury that has the potential for causing long-term, debilitating conditions. A TBI is caused by a strong blow to the head, a penetrating head injury, or a strong snapping back and forth motion of the neck. According to the CDC, TBIs are a major cause of disability and death in the United States contributing to about 30 percent of the injury deaths. A TBI can result in a minor concussion or severe brain damage. Repeated mild concussions have been associated with an increased risk of some diseases including Alzheimer’s disease and Parkinson’s disease. Many TBIs are caused by personal injury accidents that are the result of the negligence or recklessness of other parties. Below are examples of accidents that can result in a TBI.
According to ABC30 News, a tragic car accident near Clovis claimed four lives earlier this month. The car crash occurred near Shields Avenue and Academy Avenue near Clovis around 2:00 a.m. The driver of an SUV drifted into the other lane and before crashing into a vehicle traveling in the opposite direction. The driver of
Driving while under the influence is a nationwide epidemic. Impaired driving is not limited to alcohol; it includes marijuana, synthetic drugs, and prescription pills known as opiates. The Los Angeles Times reported that the San Diego police are using new methods to confirm the condition of a driver who is suspected of driving under the influence of drugs. The two Drager Drug Test 5000 machines, commonly known as the mouth swab, cost about $6,000 per machine. The machine tests for seven different drugs including cocaine, methadone, methamphetamine, marijuana, benzodiazepines, and amphetamine. It is a concern with the passing of the legalization of marijuana that the likelihood of impaired drivers will increase. Like the breathalyzer, a driver can refuse to take the Drager Drug Test. In 2014, California had 38% of drivers who were killed in motor accidents by drivers who were impaired by legal or illegal drugs. That is a 32% increase from the previous year. By placing checkpoints throughout San Diego, the goal is to get impaired drivers off the road.
Being injured in a traffic accident is a traumatic life event that can have far-reaching consequences. If you are severely injured, your life and the lives of your family members can be significantly altered. You may not be able to return to work, and you may require ongoing medical care. These consequences can become very expensive. For that reason, you need to hire an experienced Fresno car accident attorney to handle your case.