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Oxnard, CA

Distracted Driving Accident Claims In Oxnard, CA

By | Distracted Driving, Oxnard, CA | No Comments

Distracted driving remains a huge public safety problem in our communities. According to information from the Centers for Disease Control and Prevention (CDC), approximately 3,330 Americans are killed and another 365,000 are injured in distracted driving car accidents each and every year.

Victims of distracted driving accidents in Oxnard, CA are entitled to full financial compensation for their losses. Yet, unfortunately, proving that a distracted driver actually caused an accident is far more challenging than it might seem. The big insurance companies often work aggressively against victims, attempting to limit their financial recovery.

To ensure that their legal rights and financial interests are fully protected, distracted driving accident victims should always work with a qualified attorney. For immediate help with your personal injury case in Oxnard, CA please do not delay in contacting the Quirk Law Firm LLP today.

Distracted Driving Is Negligent Driving

California is a pure comparative fault jurisdiction. In essence, this means that parties will be held legally liable for a personal injury in direct proportion to their level of fault for causing that injury. Generally, in a California car accident case, the fault is established by proving negligence. Put another way, you can hold another driver (or their insurance company) liable for your injuries if you can prove that the other driver did something unsafe and that those unsafe actions played a role in causing your accident. Distracted driving is one of the most blatant forms of negligent driving. If you can prove that your accident was caused by another driver’s distraction, then you will be able to hold them liable for your crash.

How to Prove Distracted Driving

Of course, distracted driving is not always easy to prove. In many cases, the car accident victim may not even know that the other driving was texting or talking on the phone at the moment when the crash occurred. Sadly, in all too many cases, drivers will simply lie to responding police officers and insurance companies. These drivers will falsely claim that their attention was always on the road and that they were not affected by any distractions. This is one reason why an auto crash in Oxnard requires a vigorous investigation by a qualified injury attorney. A skilled attorney will be able to determine whether or not distracted driving played any role in your collision. Ultimately, the strong supporting evidence is the key to a successful legal claim. There are many different types of evidence that can help prove the distraction, including:

  • Accidental or intentional admissions by the other driver;
  • The crash report;
  • Police officer testimony;
  • Witness testimony;
  • Cell phone records;
  • Videos or photographs; and
  • Expert crash scene analysis.

Contact Our Car Accident Lawyer Today

At Quirk Law Firm LLP, our top-rated California car accident lawyer Trevor Quirk has extensive experience handling distracted driving accident claims. Mr. Quirk can help you recover the full and fair injury compensation that you deserve. If you were hurt in a crash with a distracted driver in Oxnard, CA, please contact our office today to set up your free legal consultation.

This Blog Was Provided By:
Quirk Law Firm, LLP
4222 Market Street, Suite C
Ventura, California93003
Phone: 805-650-7778

slip and fall accident oxnard

The People’s Playbook For Slip & Fall Injuries In Oxnard, California

By | Oxnard, CA, Slip & Fall | No Comments

A slip and fall accident can happen almost anywhere in Oxnard, California, and it can result in serious injuries. When a slip and fall injury in Oxnard occurs, the injury victim may be able to file a premises liability lawsuit. Under California law, the owner (or renter) of premises is “under a duty to exercise ordinary care in the management of such premises in order to avoid exposing persons to an unreasonable risk of harm.” If the person in control of the property fails to exercise such care and someone else gets hurt, then the property owner can be held accountable under a theory of negligence.

If you recently sustained a person injury in Oxnard as a result of a slip and fall accident, it is important to seek help from experienced Ventura County injury lawyer Trevor Quirk. Many slip and fall accident victims want to know more about the process of a premises liability claim in California. We would like to walk you through the steps of your lawsuit.

Initial Slip and Fall Accident: What Should You Do?

The initial slip and fall can be disorienting and painful. As we mentioned, slips, trips, and falls can happen almost anywhere. According to a fact sheet from the National Safety Council (NSC), the most common locations for slip and fall accidents include but are not limited to:

  • Areas prone to spills or wetness
  • Uneven surfaces
  • Doorways
  • Ramps
  • Cluttered hallways
  • Areas with heavy traffic
  • Unguarded heights
  • Unstable work surfaces
  • Ladders and
  • Stairs

If you do get hurt and are able to process the situation, it is important to gather evidence that you will be able to use in your personal injury lawsuit. Most significantly, you do the following:

  • Obtain witness information: did anyone see your slip and fall accident happen? Did anyone see the dangerous condition that caused the incident, such as a liquid spill or an area of uneven flooring? Be sure to obtain the name and contact information for anyone who can support your claim.
  • Take photographs: use your cell phone to take photographs at the scene. Be sure to take close-up pictures that clearly show the dangerous condition that caused your fall, as well as wider shots that show where the dangerous condition existed in related to the rest of the room or space.

Seeking Medical Attention For Your Slip & Fall Injury

After your slip and fall injury, it is extremely important to seek medical attention. Many of these injuries are very serious, and it will be necessary to have medical documentation when it comes time to file your lawsuit. According to a fact sheet from the National Floor Safety Institute (NFSI), slips and falls account for more than one million visits to emergency departments each year. Some of the most common injuries include but are not limited to:

  • Arm fractures
  • Wrist fractures
  • Leg fractures
  • Hip fractures
  • Spinal cord injury and other neck injuries
  • Traumatic brain injury and
  • Muscles sprains and strains

Your healthcare provider will assess your injuries and will discuss your treatment options with you. When you reach out to an Oxnard accident law firm, your attorney will want to ensure that you have medical records as evidence for your lawsuit.

Meeting With An Oxnard Injury Law Firm

Once you have obtained medical attention for your personal injury, it is extremely important to begin working with a premises liability lawyer in Ventura County. At Quirk Law Firm LLP, we can meet with you and answer any questions you have about filing a claim before getting started on your case. In California, a premises liability plaintiff must be able to prove the following essential factual elements in order to be successful:

  1. Defendant owned, leased, occupied, or otherwise controlled the property where the slip and fall accident occurred; and
  2. Defendant was negligent in using or maintaining the property; and
  3. Plaintiff got hurt; and
  4. Defendant’s negligence was a substantial factor in causing the plaintiff’s harm.

As we mentioned previously, a defendant can be negligent when she or he does not exercise a reasonable duty of care. Typically, a person in control of a property in Ventura County, whether she owns or is renting it, must take reasonable measures to ensure that dangerous conditions are not present. And if there are hazardous conditions that cannot immediately be cleaned up or remedied, the defendant has a duty to warn people on the property so that they do not get hurt.

Your Oxnard premises liability lawyer will be able to discuss your options for proving these elements and filing a successful claim against the property owner where your accident happened. Whether you settle your claim or take it to court, your lawyer will advocate for your right to compensation.

Final Steps: Obtaining Compensation In Oxnard

If a plaintiff’s premises liability claim is successful, then his or her case will end happily. The defendant’s negligence will result in the defendant providing damages to the plaintiff. Generally speaking, slip and fall plaintiffs can be eligible to receive two types of compensatory damages, both designed to compensate for losses:

  1. Economic damages, which compensate for objective economic losses (such as that initial visit to the emergency room and subsequent medical treatment); and
  2. Non-economic damages, which compensate for subjective losses (like pain and suffering).

Contact a Ventura County Premises Liability Attorney

Did you get hurt in a slip and fall accident in Oxnard? An experienced premises liability attorney in Ventura County can assist with your case. Contact Quirk Law Firm LLP today to get started on your claim.

This Blog Was Provided By:
Quirk Law Firm, LLP
4222 Market Street, Suite C
Ventura, California93003
Phone: 805-650-7778

Establishing Liability In Oxnard Personal Injury Cases

By | Oxnard, CA, Personal Injury | No Comments

The realm of personal injury law is vast because so many different types of injuries qualify as personal injuries. When someone acts negligently, and their negligence causes you to suffer an injury, you may have a personal injury claim against those who are responsible.

Types of Personal Injuries In Oxnard

Some of the most common types of personal injury cases include:

  • Motor vehicle accidents of all types;
  • Bicycle accidents;
  • Pedestrian accidents;
  • Premise liability;
  • Slip and fall accidents;
  • Animal bites;
  • Brain injuries;
  • Back, neck, and spinal injuries;
  • Defective products, drugs, and medical devices; and
  • Wrongful death cases.

Who Can Be Held Liable For My Injuries?

Who can be held liable for your injuries is highly specific to the facts of your particular accident that caused your injuries. An experienced personal injury lawyer can help you identify all of the relevant parties who may be liable for your injuries. By way of a few examples:

  • If someone hit you with their vehicle, you would have a personal injury claim against the party that hit you and most likely his or her auto insurance provider.
  • Tacking on to the previous example, if the driver that hit you has no insurance, and you hold an uninsured motorist coverage policy on your own auto insurance, you can file an uninsured motorist accident claim for your damages with your own auto insurance provider.
  • If you were hit by someone driving a commercial (i.e., work) vehicle, while they were on the clock, the driver and his or her employer may be liable for your injuries through vicarious liability.
  • If you slip and fall while on the business premise of a store or shop, the person who owns, possesses, or controls the premises may be liable to you. This could be, for example, a franchise owner (possesses the establishment) or the franchise (owns the premises).
  • If you are bitten by a dog that belongs to someone else, but is being walked by a dog walker, you may have a personal injury cause of action against both the dog walker (via negligence) and the dog’s owner (via strict liability under CA Civil Code 3342).

When multiple parties can be held liable for the injuries of a victim, it is important that a personal injury lawyer review the facts of the case and make a liability determination based on the principles of comparative negligence. A victim cannot obtain the total amount of recovery sought from each of the defendants. If this were possible, the victim could end up with twice, thrice, or more times the amount of compensation the victim needs, and all of the defendants would unfairly have to pay damages for more than their fair share of the accident.

Rather, liability is divvied up between the multiple parties that can be held liable for the injuries of a victim. A portion of the fault can even be placed on the shoulders of the victim, and the victim is still able to seek compensation from the liable parties, minus for the victim’s share of the liability.

Contact A Personal Injury Attorney In Oxnard

If you have suffered a personal injury due to the fault of another, the Oxnard personal injury attorneys of the Quirk Law Firm, LLP can help. Contact Attorney Trevor Quirk for assistance with your personal injury case. Call us today at (805) 650-7778.

This Blog Was Provided By:

Quirk Law Firm, LLP

4222 Market Street, Suite C
Ventura, California 93003

Phone: 805-650-7778

Auto Accidents In Oxnard Involving Government Property

By | Automobile Accidents, Oxnard, CA | No Comments

While auto accidents in Oxnard happen at roughly the same frequency as in other cities, there are those that cause comment no matter where they occur. A good example is the spate of accidents that have transpired this past year involving civilians and the cars or property of government agencies. There are different rules that must be followed when a car accident happens between public-owned vehicles and privately-owned vehicles than if an accident occurs between civilians.

Negligence Per Se

One major difference is in the handling of the legal concept known as negligence per se. In many Oxnard car crashes, negligence per se helps ease the burden on the plaintiff, as they must prove certain things in order to be able to show the defendant was responsible for their injuries. California jury instructions state that if (1) the defendant violated a specific statute (for example, California’s prohibitions against drunk driving), and (2) that violation was a ‘substantial factor’ in the harms the plaintiff suffered, then the defendant must, by law, be found negligent. This is considerably easier than proving the four pillars of standard negligence law.

While this is a very common tool used in standard auto accident cases, the important thing to remember is that it is not permitted to allege negligence per se against government employees in auto accident cases. The reason for this is tied up in a piece of legislation called the California Tort Claims Act (CTCA). The CTCA shields the government and its employees from most causes of action in tort, but provides statutory exceptions under which some claims can be brought. If you are involved in an Oxnard car crash with a government employee, you may likely bring suit against them under a theory of vicarious liability, which is actually bringing suit against their employer to answer for their acts.

Filing Notice

The other major difference in filing suit against a public employee or entity versus a private person is that any claim for money or other damages must first be announced, so to speak, by the filing of a claim under the CTCA. California law governs just how this must be done and what must be said in the claim to properly advise that a suit will be brought. The information is fairly common sense; you must provide your name and contact information, the information surrounding the incident, and the amount sought (specifically if over $10,000; if under $10,000, a general approximation is acceptable).

This must be done within six months, regardless of the statute of limitations on the actual injury incurred. It is important to remember that this must come before any kind of filing in court, or your suit may be dismissed for failure to conform with procedure.

Contact An Oxnard Car Accident Attorney

If you have sustained a personal injury in Ventura and need help understanding the process, it is in your best interests to hire a competent car crash lawyer. Quirk Law Firm, LLP has been handling cases related to auto accidents and personal injury in Oxnard for many years, and we understand how frightening and difficult the process can be. If you are injured, you need a car crash attorney in Oxnard who sees you as a human being in need of help, not just as a number. Contact us today at 805-650-7778.

This Blog Was Provided By:

Quirk Law Firm, LLP

4222 Market Street, Suite C
Ventura, California 93003

Phone: 805-650-7778

Helping Spanish Speaking Families Throughout Oxnard and Ventura County

By | Oxnard, CA, Personal Injury, Ventura, CA | No Comments

When you are involved in an accident or another type of legal action and need help from an attorney, it is easy to become confused and overwhelmed by the dense language used in these kinds of situations. If English is not your first language, the barrier between legal language – sometimes known as “legalese” – and your comprehension of the situation can become even greater. This is why it is important to work with an attorney who speaks Spanish and can be sensitive to your needs as a Spanish speaking individual.

Oxnard, along with the rest of Ventura County, has significant populations of Spanish speaking residents. When you are injured in an accident and want to seek monetary compensation through a personal injury claim, your focus needs to be on your physical recovery. Do not make this more difficult by working with an attorney who can only serve you in English – Quirk Law Firm, LLP can provide you with the legal answers and guidance you need in Spanish or English.

Services We Provide

We are a personal injury law firm that handles a variety of cases. The types of cases we handle for our clients include the following:

  • Dog bites;
  • Slip and fall cases;
  • Automobile accidents;
  • Wrongful death claims; and
  • Premises liability claims.

When necessary, we work as trial attorneys for our clients. We go to court to appear before the judge and jury in civil trials, advocating for our clients to seek the monetary compensation they deserve. An injury can be very expensive for a victim. Medical bills, lost wages, missed career advancement opportunities, and minor medical needs like bandages and over-the-counter pain medication can add up in the long run. Have the responsible party cover these expenses for you by filing a personal injury claim.

In addition to our personal injury work, we provide scholarships and educational support to qualifying students in need. Our education initiatives include the following:

Ventura Kid-Ade Program. Our firm sponsors the Ventura Kid-Ade program, which provides children in need with school supplies like backpacks, pencils, clothing, and money for extracurricular activities.

Foster Child College Scholarship. Our firm provides this $2,000 scholarship for qualifying students who have lived in wards, group homes, or with private foster parents.

First Generation College Scholarship. This $2,000 scholarship is available to students who are the first in their families to attend college.

Personal Injury Attorneys in Ventura County

Quirk Law Firm, LLP retains a staff of experienced Oxnard personal injury attorneys located in Ventura, California. Our team of attorneys takes the human approach to handling personal injury cases, meaning that when you work with us, you are more than just a case number; you are an individual with unique needs. Do not wait to contact our firm to get started on your case with us – whether you are more comfortable communicating in English or en Espanol, we can accommodate your needs to ensure that you fully understand your case, your legal options, and the next steps in seeking monetary compensation for your losses. Call us today at (805) 650-7778.

This Blog Was Provided By:

Quirk Law Firm, LLP

4222 Market Street, Suite C
Ventura, California 93003

Phone: 805-650-7778