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Fitzgerald Knaier LLP Blog

San Diego Personal Injury & Wrongful Death Lawyers

When someone is seriously injured or killed in an accident, the loss is sudden and devastating. Such an incident afflicts not only the injured party but also family, friends, and sometimes an entire community. For many affected by accidents, there are the added concerns of how to cover financial losses and how to meet future obligations to others. In these times, accident victims and their families seek and obtain the assistance of San Diego personal injury and wrongful death attorneys who can navigate the legal issues related to these losses and recover financial compensation from those at fault.

The veteran trial lawyers at Fitzgerald Knaier LLP understand the enormous impact that serious and fatal accidents have on accident victims, and are relentless in advocating for their clients' rights. We will carefully assess your losses, including medical needs, personal losses, and future lost earnings, and will be prepared to present your claims to a judge or jury. Our overriding commitment is to represent all of our clients vigorously and thoughtfully, with civility, integrity, and professionalism.

Car Accidents

Automobile accidents often occur because a driver has been negligent, meaning that he or she failed to operate the vehicle in a careful and responsible manner. Drivers must at all times exercise "reasonable care" while behind the wheel, and they may be deemed negligent for violating speed limits, ignoring traffic signals, or being preoccupied by distracting activities such a eating, talking on a cell phone, or texting while driving.

If you or a loved one has been injured in an automobile accident caused by another driver's negligence, you may be entitled to compensation for your medical expenses, property damage, physical and psychological pain, and/or past and future lost income. After an accident occurs, there is generally a statute of limitations that limits the period of time after which a personal injury lawsuit can be filed. Statues of limitations vary from state to state, and it is important that you seek counsel before the statute of limitations acts as a bar to any claims.

In accident cases, typically the injured party must show that the driver who caused the accident was negligent and show that the accident caused damages to the injured party. These showings are often made with the help of police reports, photographs, medical records, eyewitness testimony, and expert witness testimony.

Some common contributing factors to car accidents include:

  • Distracted drivers, including drivers talking on cell phones, texting on cell phones, eating, or putting on makeup;
  • Traffic law violations, including speeding, ignoring traffic signals, failure to yield, improper lane changes, and tailgating;
  • Driver error, including fatigue, drowsiness, inattention, intoxication, aggressive driving, and reckless driving in poor weather conditions;
  • Equipment failure, including malfunction of brakes, tires, steering mechanisms, or suspension systems; and
  • Poor road conditions or road design.

Truck Accidents

Accidents involving tractor-trailers, semi-trucks, and commercial trucks, especially accidents in which a truck collides with a smaller vehicle, can be especially severe due to the weight and size differentials of the vehicles involved. Trucking accidents often involve issues other than mere driver errors because commercial truck drivers have special training and are subjected to regulation.

Some common contributing factors to truck accidents include:

  • Illegal lane changes
  • Improper training or hiring negligence on the part of trucking companies
  • Tire blowout or tread separation
  • Uneven cargo or load shifts
  • Driver fatigue
  • Alcohol or drug abuse

Motorcycle Accidents

The most common cause of collisions between motorcycles and other vehicles is the other driver's failure to see the motorcyclist changing lanes or turning. Motorcycles are small, fast, and often have poor headlights, which further contribute to the difficulty of seeing motorcycles.

Some common contributing factors to motorcycle accidents include:

  • Illegal lane changes
  • Improper highway maintenance
  • Defective roadways
  • Inexperienced drivers
  • Drunk drivers
  • Failure to yield

Drownings and Near Drownings

Lack of maintenance and supervision of home swimming pools can lead to serious injuries or death. Owners of swimming pools must insure that users of their pools are able to swim, and they must be vigilant over users of their pools.

Legal Help with Personal Injury And Wrongful Death Matters

If you or someone you know needs counsel for a matter involving personal injury or wrongful death, contact the experienced trial lawyers at Fitzgerald Knaier LLP today. Statutes of limitations could apply to personal injury or wrongful death claims, so act now to ensure that your legal rights are not lost. We offer a free, no obligation consultation to assess your case. Contact us today by telephone or using the form on this website.