San Marcos Car Accident Lawyer

Brad Nakase, Attorney

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You may be having questions concerning your legal rights if you have been hurt in a car accident in the city.

Fatal Car Accidents Statistics in San Marcos, California

According to, On average, there are 13 fatal car accidents in San Marcos.  Despite the fact that nobody wants to get involved in a car accident, statistics have shown that many people in the San Marcos will be maimed or killed each year in car accidents. Seeking the services of a qualified San Marcos car accident lawyer is crucial when you are involved in a car accident in San Marcos.

Since 2005, several clients have been served by Brad Nakase. When an insurance company fails to give meaningful compensation, which constitutes medical costs and lost income, then our qualified San Marcos car accident lawyer will be ready to represent you in court. Your main concern following a car accident is looking after yourself and that of your family; let us protect your interests.

Different Kinds of Injuries Incurred in Car Accidents

Many injuries sustained by people are a result of car accidents. There are close to six million car accidents reported in the United States every year. Approximately 30,000 of these prove to be fatal, while nearly two million result in injuries. It can be devastating to see the amount of damage car accidents cause. The economic cost alone reaches nearly $300 billion annually. This comes out to approximately $900 for every individual alive in the United States.

Although every car accident is unique and different, there are some common themes throughout all of them. We will go over what some of the most common injuries are which are incurred by automobiles. Consult with your doctor if you need more detailed information. If you don’t have health insurance, as your San Marcos car accident lawyer, attorney Brad Nakase will refer you to compassionate physicians who may treat you on a lien basis.

Injuries Affecting the Head and Back

The injury considered the most series resulting from automobile accidents is a head injury. If you are driving fast, you have the strong potential to hit your head against various areas of the car. The steering wheel, windows, and dashboard are some of the most common strike points. Head injuries can easily lead to traumatic brain injuries, including everything from a concussion to a long-term coma. Injuries of this kind may require thorough medical treatment, along with prolonged care. You also run the risk of getting a fractured skull, losing your hearing, and having issues with your vision.

Another common car-related injury is one affecting your back. The spinal cord can get subjected to profound nerve damage. This can lead to having less feeling and control in your extremities and appendages. The most severe forms of spinal damage result in permanent paralysis.

Another common injury sustained in automobiles is a herniated disc. Although this kind of injury will not be as serious as the previously-mentioned ones, it may still produce significant issues. You may have strange tingling sensations throughout your body. You may feel like your muscles are weaker. You may also have unexpected pain in your arms and legs. As your San Marcos car accident lawyer, attorney Brad Nakase has experience litigating head and back injuries.

Injuries Affecting the Chest and Neck

Whiplash is the most common injury sustained in automobile accidents. When you have a jerking motion on your head and neck, you can tear ligaments and strain muscles. The type of accident most likely to lead to whiplash is a rear-end collision.

Whiplash can affect everyone differently. The extent of the injury will depend on what the accident was like. It will also depends on what the health of the person affected was at the time. The common side effects of whiplash are neck pain and mild swelling. Sometimes there is a brief inability to speak.

When it comes to more severe injuries, they involve direct physical trauma to your chest. Anything from a broken bone to a collapsed lung can result from this type of trauma. If you have a heart condition, you can experience cardiac arrest after a car accident. If you hit your chest hard enough, you may experience internal bleeding in that area. This can be a serious issue requiring prompt medical attention. Other less likely, but possible, injuries can be internal organ damage, as well as damage to the pelvis and abdomen. If you experience any of these, you will need to see a medical professional right away.

Additional Injuries Incurred From Automobile Accidents

Other injuries you may get from a car accident include ones affecting your extremities. If you are walking down a street and a car strikes you, there can be significant arm, hand, leg, and foot damage.

If you ride a motorcycle, your chance of having a severe injury significantly increases. It is common to see multiple injuries given the lack of safety features on this type of vehicle. Everything ranging from broken bones to severed limbs can result from a motorcycle accident. The chances of an accident being fatal on a motorcycle are much higher than for people in other automobiles.

A non-physical injury incurred that can be just as life-changing is emotional anguish. People, either in the automobile or witnesses of the accident, see a person being physically injured in an accident. This can create emotional trauma. For people experiencing this type of injury, their most helpful avenue of recovery will include psychological counseling for PTSD.

Car accident causes.

In the year 2016, National Highway Traffic Safety Association estimated that of the accidents that occur, the driver is liable for 94% of the carping causes of the accident while leaving 6% of an accident causing factors to be divided among the car, environmental and unknown factors.

When a driver is held liable for an accident, NHTSA classifies about 41% as error of recognition,33% as deciding error, 11% as a functional error with the rest as non-performance error or other error.

  • Errors of recognition include:
    • Driver’s negligence,
    • Distraction from inside and outside, and
    • Poor vigilance.

  • An error of decision:
    • Speeding in unfavorable conditions,
    • Speeding in bends,
    • Falsely assuming the actions of another,
    • breaking of traffic rules, and
    • Miscalculating the distance with the next driver or speed.

  • Errors of performance:
    • Overcompensation and poor control of direction.
    • The most common non-performance error is falling asleep behind the wheels.

The NHTSA estimated that in 2013, “distraction-affected” car accidents resulted in 10% of all grisly accidents and 18% of crashes that caused injuries. 14% of “distraction-affected” accidents resulted from mobile phone usage (an increase of 6.7% since 2012) while injuries arising from phone use accounted for 8% (an increase of 21% since 2012). NHTSA also estimated that there was an occurrence of one drunken impaired fatality in an average of 52 minutes which nationally constituted 31% car accident injuries.

Dos and Don’ts in a Car Accident

During an accident, remember these tips:

  • Stop: laws of the state requires that when you are involved in an accident, you don’t move from the scene because doing so constitute a hit and run which carries a serious penalty.
  • Information exchange: ensure to exchange you exchange information such as driver’s license, insurance and contacts with the other driver.
  • Reasonably assist: state law stipulates that you offer “reasonable” assistance, which, by definition, is how a reasonable person will act in that situation.
  • Reporting the accident: ensure to call the State highway patrol or the city police to give information on the accident.
  • Never accept the fault: you may become confused when you are involved in an accident and assume you are responsible. For your good, it is advisable to wait for your lawyer to do an independent assessment of what really transpired then make statements when required.
  • Sign the ticket: it is not an admission of fault.
  • Seeking Legal Advice: your chances of getting a fair claim share increases when you discuss your case with our skilled lawyers that will fight for your rights against the insurer’s lawyers that their main goal is to ensure that you get little compensation than you deserve. As your San Marcos car accident lawyer, we will protect your interests.

Call or Write for a Free Confidential Consultation

If you or someone you love need an a aggressive and compassionate attorney who will listen and aggressively protect your interest, we invite you to call attorney Brad for a free consultation.

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I’ve worked at a prestigious international law firm, Bremer Whyte et. al., serving major insurance companies by defending insurance companies and their insureds who were sued for millions of dollars.

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My success is measured in the real differences made to my clients’ quality of life. I focus on achieving the most exceptional and fairest compensation for my clients.

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