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El Toro Truck Accident Lawyer’s Top Ten Last Excuses You’d Expect an Insurance Company to Use in a Truck Accident Claim

October 13th, 2011 No comments

1. We’d like to have one of our investigators examine the truck and make his own conclusions.

 

2. We’d like to have you seen by one of our doctors to determine if you need more treatment.

 

3. We disagree with the police report determination.

 

4. We’re going to need to obtain all of your previous medical records.

 

5. We don’t feel you needed all of the medical treatment you received.

 

6. We don’t believe all of the diagnostic tests you had were necessary.

 

7. We’ve analyzed your medical bills and reduced them to the amount we feel should have been charged.

 

8. We feel you were comparatively negligent.

 

9. We’d like to have a psychologist evaluate you for your emotional injuries.

 

10. We’d like to have a specialist review the records of your treatment and compare them to your previous medical records.

 

Here are ten useful tips of advice from a truck accident lawyer to follow if you have been in an accident. You can also learn more about how to handle a truck accident in El Toro, or any city, by calling the Law Offices of R. Sebastian Gibson at any of the numbers which can be found on our website at http://www.SebastianGibsonLaw.com  and learning how we can assist you.

 

Obviously, if you have had an accident, and you are reading all of this advice, it may have been a few hours since the accident. However, if you ever have another accident, or if it’s only been a few hours since you were hurt, here’s what you should do from the start.

 

First, take a look around and determine if you or anyone, are hurt. If so, taking steps like trying to prevent further injury or loss of blood are the most important thing you can do. Even if some other driver caused you to be injured, it’s just good manners to help the other driver if they are hurt. They may even be so thankful that they admit their fault to you. The worst thing you can do is get angry or start a fight.

 

Second, make sure everyone is safe from being injured further. If you are in the middle of traffic, and you are dizzy, sit down away from traffic. If your vehicle is a traffic hazard and you have accident warning devices like flares or triangles, put them out on the road to warn other drivers and get away from the car. Let the police an other emergency personnel investigate the scene with the vehicles in place and move them more safely at a later point.

 

Third, call the police. Accident reports are extremely helpful if the police will do such a report. Let the police know you are injured immediately. Answer the police questions honestly. But if you are dazed or confused, let them know you need medical treatment and answer only what you feel sure about. Remember, your statements can and will be used against you if you admit fault, and it will be too late and too fishy to later say you didn’t know what you were saying at the scene. Police know that your best recollection is immediately after an accident.

 

Fourth, get the other driver’s information including their names, addresses, driver’s license numbers, make and model of their vehicles, license plate numbers, and their insurance company name and policy number. If there are witnesses, get their names, addresses and telephone numbers as well. If the other driver makes any admissions of fault, write those down as well.

 

Fifth, if you have a camera on your cell phone or in the car and you aren’t too injured, take some photos of the vehicles and the scene. If you can’t do it right away, do it after you are released from the hospital.

Sixth, if you are hurt, obtain medical treatment. Don’t decline the ambulance or hospital examination to save your insurance company money or to be stoic. Take your valuables out of your car if you can and get checked out at the hospital. If you are not hurt, don’t get treatment you don’t need. However, remember, after an accident, you may feel a rush of adrenaline that causes you to only start feeling symptoms of pain a few hours later. If you have a health plan that requires you to obtain permission first, call them and find out where you are allowed to seek treatment.

 

Seventh, call a good truck accident lawyer as soon as you have had your initial treatment, so the attorney can gather other important evidence and prevent the insurance company from taking advantage of you and obtaining such things as recorded statements that you feel fine, when many of your symptoms have yet to manifest themselves. A good truck accident lawyer can save you from making a great deal of mistakes and can shoulder much of the hassle of knowing what to do about car repairs, car rentals, medical treatment, witness statements and the like. If you think you will save money by not having an attorney, think again. A good truck accident lawyer can almost always obtain much higher settlements, obtain reductions of medical bills and insurance liens and prevent you from making costly mistakes. Also, most truck accident attorneys advance costs of obtaining police reports, medical records and the like and are paid and reimbursed for these costs only out of any settlement.

 

Eight, you will need to report the accident to your insurance company, but since they will want to take a recorded statement from you, just like any other driver’s insurance company, it’s good advice to retain an attorney first. And if the other driver did not have insurance, remember that it is your own insurance company that will be your adversary. You will also need to report the accident to the Department of Motor Vehicles and your lawyer can give you the form for this.

 

Ninth, do not agree to settle your claim privately with the person at fault for the accident. This almost never works out to your advantage. Don’t agree not to call the police. Police reports that determine the fault for an accident are golden. Your agreement to not involve the police only affords an opportunity for the other driver to change his story and blame you when the police will no longer investigate the accident.

 

Tenth, don’t pay a traffic ticket without a fight if you weren’t at fault or agree to accept a small payment for your vehicle repairs without knowing that the amount will in fact cover the cost of all the repairs.

 

If you’ve had a truck accident in El Toro, Orange County, Newport Beach, Anaheim, Irvine, Huntington Beach, Corona del Mar, Laguna Beach, Santa Ana, Orange, Fullerton, costa Mesa, Westminster, Buena Park, Mission Viejo, Garden Grove, Laguna Niguel, San Clemente, Chino Hills, or anywhere in Southern California, we have the knowledge and resources to be your El Toro Truck Accident Lawyer and your Orange County Truck Accident Attorney. Be sure to hire a California law firm with auto, motorcycle, truck, bicycle, pedestrian, car, bus, train, boat and airplane accident experience, wrongful death experience and insurance law expertise who can ensure you are properly represented and get the compensation you deserve.

 

If you have a personal injury legal matter, a dog bite or if you’ve lost a loved one in a wrongful death accident, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.SebastianGibsonLaw.com  and learn how we can assist you.

R. Sebastian Gibson

Question about Pardons in Pennsylvania?

June 3rd, 2011 1 comment

I want to begin the process of obtaining a pardon for crimes I was convicted of from an accident back in 2002. Basically I went to 2 different pardon attorneys and recieved very different information. I assume this is because until I pay a retainer they are not going to spend anytime looking at my case. I want some other oppinions.

I was charged with Homicide by vehicle and reckless endangerment for an accident in which I was unable to stop for a red traffic signal and collided with another vehicle in which the other motorist was killed. Back then i was young and nieve in thinking that my attorney would actually help me. Instead he forced me to plead guilty to these crimes. At face value, everyone comes to conclusions thinking I must have done something wrong otherwise I wouldn’t have been charged this way. I say BS, there was no extenuating circumstance that I commited with gross negligence. Now I believe, at most and by talking to other officers, and reading about law that I should have been charged with Carless Driving with Accidental Death. I did nothing to warrant criminal action in that accident.

So talking with one attorney who barely had any facts and contacted the pardon board, said they would not grant a pardon for something like this. She said people need to know about it. She also said the only way I would have a chance is if I could prove I was wronfully charged. The other attorney with little information said I should wait until 15 years pass and then file for a pardon based on the fact that I have trouble obtaining jobs. He said accusing them of excessive charges would not go in my favor and that it is water under the bridge.

These people are contradicting eachother and I am confused. I feel like I have to say I was somehow wrongfully charged, however I am afraid I will get denied like the second attorney said.

Please, someoene who knows something about law give me some advice. I am desperate to have this criminal record removed. I am not a criminal and don’t believe I should be looked at as a criminal.

Thanks for any help.

The second attorney is pretty much right on. The fact that you plead guilty and the facts are not in dispute will make things considerably more difficult.

Your allegation that you were "forced" to plead guilty by your attorney does not hold water. Don’t go there.

The reason people conclude that you "must" have done something wrong to get the charges you did is because that’s how it works. The state "must" prove that you’ve done what the law describes for that charge in order to be convicted. The judge would not allow you to plead guilty to a charge either if it didn’t appear that you actually did what the charges say you did. You can’t plead guilty to bank robbery if there’s no evidence that a bank was actually robbed, and you can’t plead guilty to vehicular homicide if you were simply in a bad accident.