Sometimes victims of a serious car accident are pinned into the car so that they need to be extracted from the wreckage by others. These are very serious accidents, in which the victims may be left with broken bones, fractured ribs, organ damage, traumatic brain injuries, and other catastrophic or even fatal injuries. If you were harmed or a loved one was killed in a pin-in car accident that was somebody else's fault, you should retain an experienced Los Angeles car accident attorney to help you pursue damages.
Pin-In Car AccidentsVictims trapped inside car wreckage may need to be extracted by hydraulic rescue tools. There are various attachments that can be utilized for dangerous situations, such as those that require cutting or spreading. The purpose of these tools is to dismantle the car at the scene to release the victim. However, it is not uncommon for these victims to suffer lifelong disabilities afterwards. These disabilities could include broken ribs, compound fractures in which the bone pierces the skin, injuries to the spine, paraplegia, internal injuries, and traumatic brain injuries.
The costs associated with these injuries can be tremendous. For many people, filing a personal injury lawsuit is the only way to recover damages. You will need to prove that someone else's negligence, usually the negligence of another driver, caused your injuries. This means that you must establish by a preponderance of the evidence each of the following elements: the defendant's duty toward you, the defendant's breach of duty, actual and proximate causation, and actual damages. For example, if another driver drunkenly swerves into oncoming traffic and crashes into you so that your car is wedged between a guardrail and another car, and you are injured and unable to get out, you will likely be able to show that the other driver is liable for your injuries.
It may be possible for your attorney to recover money from an individual or company that tries to rescue you while you are pinned in a car if its negligence causes greater injuries. For example, it may be possible to recover damages from somebody who tries to yank you out of a car, but in so doing injures you further. However, under California law, nobody who in good faith and not for compensation provides medical help to the scene of an emergency can be held liable for civil damages arising from their acts or omissions, except those that constitute willful or wanton misconduct or gross negligence. "Gross negligence" is a tough standard, but it may be shown when there is an extreme departure from what a reasonably careful person would do in the same situation.
In some cases, the design of the road creates a potential for serious injuries in a pin-in car accident. For example, there have been accidents in which a guardrail impaled an accident victim who had to be extracted from the wreckage, and who suffered permanent disabilities. It may be appropriate to hold a governmental entity liable for design defects on the road. Different rules apply to suing governmental entities. Generally, there is a very narrow window of time to provide notice to the government of your claim for injuries. The government must be given notice to have the opportunity to investigate and determine whether it agrees that it has liability.
Damages that you may be able to recover include both economic and noneconomic losses. Economic losses may include medical bills, lost wages, household services, out-of-pocket expenses, and property damage. Generally, economic losses are documented and tangible. Noneconomic losses may include pain and suffering, mental anguish, loss of enjoyment of life, and loss of consortium. These can vary dramatically based on how your attorney presents your case when negotiating with insurance adjusters or presenting your case to a jury.
For example, a large visible scar may have a wide range of effects on the life of a victim. If the victim was a fashion model, for example, it may result in lost earning capacity. It may also trigger depression and other emotional distress. Similarly, the loss of a right arm as a result of an amputation could result in substantial loss of enjoyment of life in somebody who played baseball as a hobby.
Consult a Car Accident Lawyer in Los Angeles or Surrounding CitiesAfter a pin-in car accident, it is important to determine what the causes of the accident were. This can provide insight into whether more than one person or entity should be pursued for damages. You should consult an attorney who will not only look at another driver's fault but also explore the possibility of negligent road design, defective manufacturing or design (including crashworthiness claims), and negligence by emergency personnel. At Sharifi Firm, APC, our Los Angeles attorneys can evaluate the circumstances surrounding a motor vehicle collision to determine whom to hold accountable for your injuries. Contact us at (866) 422-7222 or via our online form. We also represent people in Temecula, Riverside, Rancho Cucamonga, Glendale, Covina, and San Bernardino.