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Auto Accidents


Jeffrey R. Frank, San Diego Car Accident Lawyer Case Examples

The varieties of auto accidents, car accidents, or other motor vehicle accidents which can occur are almost limitless. However, they share common elements. Regardless of the particulars, the typical auto accident, car accident, or other motor vehicle accident based on negligence requires that your San Diego car accident lawyer prove three basic legal elements:

DUTY - someone owed you a duty to use reasonable care in driving their car (e.g. by following the rules of the road, not speeding or making unsafe lane changes, etc...);

BREACH OF DUTY - someone breached a duty of care, such as by driving too fast or an unsafe lane change; and

DAMAGES - someone's breach of a duty of care to you caused you some form of damages, such as personal injuries.

These apply regardless of whether you were a driver, a passenger, or a pedestrian involved in an auto accident, car accident, or other motor vehicle accident. Legally, these elements are sufficient to prove a case.

However, there is a practical fourth element -- insurance or other monies must be available to compensate you. If you have a legal claim but someone is unable to pay you because they were uninsured (or simply broke), it may not be worth pursuing. Additionally, for the vast majority of injury claims (excepting injuries intentionally inflicted or certain other very narrow categories), the defendant can, and often will, declare bankruptcy, wiping out your claim. You need to insure yourself against others negligence and/or insolvency, through uninsured motorist coverage, health insurance and any other means necessary (e.g. sound financial planning) to make sure that you can afford to bear the consequences of someone else injuring you - even where they are required to have insurance under law. Uninsured drivers are a serious problem in California. Given the number of accidents that occur every year, and you should look to your auto insurance not as just an expense, but an investment.

San Diego car accident lawyer Jeffery R. Frank has more than 20 years' experience with auto accident (car accident, truck accident, and other motor vehicle accident) claims and lawsuits of all varieties. Some more recent car accident cases have included:

A high-speed freeway rollover / "road rage" claim which killed one driver and caused severe brain injury and permanent physical disability to their passenger – Judgment for Eight Million Dollars

A drunken driver drove off the road in a rollover in which his passenger, our client, suffered a major break to her ankle necessitating multiple surgeries – Settlement for Four Hundred Thousand Dollars.

Right-of-way violation by defendant driver. Our client's seatbelt failed, resulting in severe head and abdominal injuries – claim pending.

If you or a loved one has suffered an injury in a car crash, truck accident, or other motor vehicle accident contact San Diego car accident lawyer Jeffrey R. Frank for a free consultation.


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