Santa Barbara Car Accident Attorneys

Santa Barbara Car, Motorcycle and Truck Accident Attorney

Thank you for visiting the Santa Barbara Motor Vehicle Accidents Attorney. We will attempt to give you as much information about Motor Vehicle Accidents in Santa Barbara as possible on this site. Additionally, you can visit our “About Us” page to see what separates us from the other Motor Vehicle Accident lawyers in and around Santa Barabara.

If you have sustained a serious injury because of an auto accident, you will have many questions that need to be answered:

How will I pay all these medical bills?
How can I afford to take time off from my job?

The stress from emotional and financial needs can be devastating. We are here to help you! For a free consultation call us at the Motor Vehicle Accident Law Offices of “insert attorney name” in Santa Barbara. We can help you.

Automobile accidents are the most common personal injury case in the court system today.

Statistics show that every 10 seconds, a car accident occurs, accounting for about 25% of worldwide injury-related deaths.

Major factors that cause accidents include:

driving under the influence of alcohol or other drugs
not paying attention or reckless driving
talking on a cell phone or to a passenger
driving while tired from loss of sleep
and road hazards such as snow or potholes.

These cases fall under the negligence law. Drivers must use reasonable care when operating a vehicle; those that do not, are considered to be negligent. A negligent driver, who causes damage to a person and/or to property, may be required to pay for these damages. The injured party, or the plaintiff, must prove that the driver, or the defendant, was negligent and, therefore, caused the accident and the damages.

Passenger Safety

Children of All Ages -

Car safety is very critical for young children.
Children 12 years and younger should always ride in the back seat.
- This rule applies to children weighing less than 85 pounds.
- This is extremely important when there are airbags in the front of the car.
Airbags are designed to protect adults and can cause injury to children because they inflate at a very high speed.

Make sure your vehicle is equipped with child safety locks. Children are prevented from accidentally opening doors from inside, even if the door is unlocked. Once the door is unlocked, it can be opened only from the outside.

Newborn babies must be put in a car seat until they weigh at least 22 pounds. These seats are to be placed in the rear seat facing towards the back window. Some of these carriers can be used when the infant gets older; then they will face forward. Make sure the harness straps are secured correctly at or below shoulder level.

Important to Remember - A rear-facing infant seat must never be put in the front seat with a front passenger air bag. Once again, if in the front seat, the infant's head is close to the air bag, and that can cause severe head injuries or death if the air bag deploys. Never leave a Child in a Car Alone

Toddlers over a year old and between 20 and 40 pounds should ride in a rear-facing seat until they have reached the maximum allowable weight for the seat.

Booster seats, facing forward, should be used for children who weigh from 40 to 80 pounds, are younger than 8 years old, and shorter than 4 feet 9 inches. A booster seat will put the child at a level that allows the seat belt and shoulder belt to work effectively. There are two types of booster seats. Check which one would protect the child’s neck and head best.

Children who can sit straight up in the rear seat and have their legs over the edge of the seat can wear regular seatbelts. Make sure the shoulder strap is snugly across the chest. Children over the age of 13 can ride in the front of the vehicle.

Pregnant Women

Pregnant women should continue to use seatbelts and airbags properly. If seatbelts are not long enough, extensions are available from the car manufacturer.

Teenage Drivers

California will issue a driver's license at the age of 16. Teen drivers are not only inexperienced but they are also immature for the most part. Inexperience combined with immature, is a formula for increased risk of accidents in this age group.

What to Do if you are Involved in an Accident

You should know the rules and laws of what needs to be done if you are in an accident involving a car, or a bike or a pedestrian. An accident could cause severe injuries and emotions are high, so stay calm if possible.

At the Scene

The most important thing to remember is ‘Never leave the scene without stopping’.
- If you leave the scene, especially if someone has been hurt or worse, killed, you will face serious consequences for being a “hit-and-run driver”.
Call the police immediately, get a police report, get the name and badge number of the officer who arrives on the scene.
Talk to the driver of the other vehicle involved and make sure you are cordial and cooperate with them; ask if they are okay.
Make sure to get their name, phone number, addresses, drivers' license number, license plate number and insurance company’s information.
If there are passengers in the vehicle, get their information also.

Do not admit guilt unnecessarily.

Ask any witnesses what they saw and get their name, telephone number and address, if possible.

Who is at Fault?

To determine who is at fault, you must decide who was careless or negligent. Usually your instincts can determine who is at fault but you won’t know what rules were broken. You will need official support and a good, qualified attorney to determine this.

Next Steps

Call an attorney before you call your insurance company. They will contact the insurance company to advise them that you’ve been in an accident.
Make sure to tell them the truth about what happened and if there are any injuries involved.
Keep track in writing of any doctors, physical therapists or chiropractors you see.
Only discuss the accident with your attorney.
Under no circumstances should you talk to anyone at another insurance company without telling your attorney.

Filing an Insurance Claim

Before a claim is filed, you or your attorney should notify the person who was responsible for the accident that you will be filing a claim.
Doing this gives the responsible person a chance to try and settle the claim without going to court.

Auto Insurance Coverage

Liability Insurance –

When driver is at fault - pays for damages caused to plaintiff
Doesn’t pay for his/her own damages or injuries
Bodily Injury – pays for medical bills, rehabilitation and lost wages
Property Damage – pays for repair or replacement of any items that were damaged

Preventing an Accident with Young Drivers

Most young drivers will get into an accident because they are inexperienced combined with too much confidence, plus they have a tendency to show off with their peers. Young drivers tend to have accidents at night when they have a group of their friends with them. Because of this, some insurance companies are trying to adapt laws such as the following:

Place a curfew" on young drivers, not allowing them to drive at night
An experienced driver should be in the car at night and not allow passengers
The driver is not allowed to drink before getting into the car
Standards required for driving instructors should be raised
The driving test should be improved
A sign saying “Novice Driver” could be placed on the back of the vehicle to show the driver is inexperienced
Some states have already initiated these ideas. Because of the increased risk for young drivers, insurance premiums are much higher.

Devices for Preventing an Accident

Although most accidents are caused by the behavior of the driver, mechanical failure, or road conditions, it is possible to have a technical solution to prevent accidents. This mechanical device on the car could possibly stop the car from getting too close to the one in front of it.

Parking Sensors: This will enable the driver to determine if the vehicle is about to hit an object.
Sobriety Detectors: If the driver has had too much to drink, and breathes into this detector, it will prevent the ignition key from working and not allow the driver to drive.
Drifting Monitors: This monitor will sound an alarm if the driver starts moving into another lane without having the turn signals on.

If you are involved in an auto accident in Santa Barbara, you will need the expertise of an attorney from the Motor Vehicle Accident Law Offices of “insert attorney name”. We have the experience in dealing with insurance companies and know when to reach a settlement that is right for you.