Legal Question in Personal Injury in California

Since the other vehicle rear-ended your vehicle the presumption will be that they are at fault absent some evidence that you made an unsafe lane change. Call me for a free consultation if you would like to discuss your case. 949-830-1182

About your case I won't pass judgment on it as I don't know enough about it. But I will say this, I had a similar case in Santa Monica and the lane changing driver sued my client and we sued him back. Well my client was going 40 mph and was hit near the stoplight by a driver trying to move into the lane of traffic that was moving (his lane stopped as a person was making a left hand turn). Suffice to say we won and that driver was 100% at fault.

I think the poster is saying they were hit on the side, not the rear ( "she didn't notice that a car was merging into the lane...").

The car accident in which a person is rear-ended is called a "rear ender" by personal injury attorneys. This little nickname is a result of our desire for these kinds of cases as liability (meaning who is at fault) is almost always a slam dunk... the driver who plowed into the back of the care is almost always at fault. If the driver of the rear-ended car is physically harmed, then the case is probably not going to be about "winning" but how much will be "won."

The victim of a rear-ender needs to do the following: First - immediately get medical attention. Second - hire a personal injury attorney. We personal injury type lawyers offer free consultations and take cases on a contingent (meaning our client does not pay unless he or she "wins" money).

If the collision is almost a rear-ender, as in someone changing lanes, liability may not be as obvious, but liability is not determined by an insurance adjuster or even a police report... the Court will determine based on evidence presented by attorneys.

No one should handle any claim (involving a motor vehicle accident with bodily injury) against any insurance company without a lawyer. Claims should be handled by a lawyer - one who will be able to understand and explain the physical damages and injuries from accident. The victim of a car accident really needs to worry about one thing - getting better. That means attending doctor's appointments, attending physical therapy (if appropriate), and taking his or her medication. All of the rest can be handled by a personal injury attorney. We earn our fees (contingent by the way) by taking on the stress and hassle of fighting for money - I dare say some of us actually enjoy the fight, but I realize that most people do not enjoy conflict.

Since we offer free consultations, there really is nothing to fear in calling us.

- Paul

Paul J. Molinaro, M.D., J.D.

Attorney at Law, Physician, Broker

Fransen & Molinaro, LLP

980 Montecito Drive, Suite 206

Corona, CA 92879

(951)520-9684

www.fransenandmolinaro.com / www.888MDJDLAW.com

"When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."

* This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.

** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.