Car Accidents in Santa Barbara

Thousands of people die each year on California roads, and many more are injured. Some accidents are caused by a combination of factors that could not have been predicted or prevented. On the other hand, some accidents are more than mishaps.

Santa Barbara car accidents are often caused by one or more of the following:

• Recklessness
• Distracted Driving
• Drunk Driving
• Driver Fatigue
• Speeding
• Failure to Head Rules of the Road

If you are injured in an auto accident in Santa Barbara, contact the police or highway patrol to complete a report. Even if you feel fine, you should seek medical attention. Injuries are often more serious than they first appear. If you are able, take photos of the scene and your injuries. Gather the contact information of any witnesses. Get the contact information, driver’s license number, and license plate number of the other driver.

Call us if you believe you are injured. When talking with the insurance companies, do not admit to fault or say you are uninjured. Keep a journal of your injuries and the healing process. Make note of any medical treatments you are receiving. Write down how your daily life is impacted.

Injuries at Santa Barbara Construction Sites

According to the Occupational Safety and Health Administration, one in five worker deaths occurs in construction. Falls, slips, and trips are the most frequent causes of death and injury. The median amount of time out of work for an injured worker was 28 days.

Examples of common injuries include the following:

• Back Injuries
• Knee Injuries
• Neck Injuries
• Traumatic Brain Injuries
• Broken Bones
• Spinal Cord Injuries
• Repetitive Stress Fractures
• Burn Injuries

Heavy equipment and scaffolding are common on construction sites. If equipment is defective, the equipment manufacturer may be liable for injuries. You may be eligible for more than workers’ compensation. Schedule a consultation with us about your case.

Motorcycle Accidents

California has more motorcyclists than any other state. We have more than 800,000 registered motorcycles, followed by Florida with 550,000 and Texas with 445,000. It stands to reason that we would also lead the nation in the number of motorcycle-involved accidents. Between 2011 and 2015, more than 2,000 motorcyclists were killed and almost 60,000 were injured.

The motorcyclist is often not at fault for the accident. The National Highway Traffic Safety Administration found that the motorcyclist had no fault or less fault than the automobile driver in 80 percent of all accidents.

At The Schurmer Firm, we passionately stand up for our clients' rights. Those responsible for causing injuries should be held financially liable. We fight the insurance companies and zealously advocate for you in court.

Santa Barbara Premises Liability

Property owners are required to maintain a reasonable standard of care. This responsibility is true at shopping malls, grocery stores, and even your neighbor’s house. Slipping on a wet floor, being bitten by an aggressive dog, and falling due to a loose railing are examples of potential injuries when a property owner does not live up to their obligations.

Premises liability cases are complex. Claims must include four components:

• The defendant or alleged property owner did, in fact, own or control the property where you were injured
• The defendant failed to maintain a reasonable standard of care in the preservation and upkeep of his or her property
• You, the plaintiff, suffered an injury or harm
• The defendant's negligence caused your injury

If you have been injured because of an unsafe condition on another person’s property, call us at (805) 470-1628 for a free case evaluation.

Trucking Accidents

California’s strong manufacturing and agricultural sectors send goods up and down the state and throughout the U.S. Semi-trucks regularly travel our highways and interstates.

Of the 510,000 big truck crashes in 2019, one-quarter resulted in injury. About 10% involved a fatality.

Like automobile accidents, truck accidents are often caused by fatigue, speeding, and substance abuse. Unsecured cargo, overweighted loads, and maintenance neglect are other factors. A truck driver not adjusting their speed for the weather also can have disastrous results.

The occupants in a car are at a significant disadvantage when involved in an accident with a large truck. A semi-truck in Santa Barbara can weigh as much as 80,000 pounds. The average passenger vehicle is 4,000 pounds. There’s no contest.

You may be entitled to compensation for your injuries.

Medical Malpractice

Any medical professional – medical doctors, nurses, chiropractors, physical therapists, and more – can be held liable for injuries under certain circumstances. A negative outcome is not necessarily medical malpractice. There are risks involved in all surgeries and procedures.

An injured patient must show that the medical professional acted negligently, and that negligence resulted in the injury. A recent study published by the National Institutes of Health found that as many as 251,000 deaths occur annually in the U.S., making medical errors the third leading cause of death.

Four legal components must be proven in a Santa Barbara medical malpractice case:

• A professional duty owed to the patient
• Breach of such duty
• Injury caused by the breach
• Resulting damages

Medical malpractice cases are challenging. Our legal team does not shy away from that challenge.

Wrongful Death

Any fatality that results from a personal injury case may be a wrongful death. This person will not return to their family, loved ones, friends, co-workers, and neighbors. There is no replacing them. No amount of money can compensate for their death.

Those left behind are left to figure out how to pay for burial expenses. They then wonder about their own future. That person might have been a spouse that helped to care emotionally and financially for others. There will be no shared joyful times. New jobs, children, grandchildren, birthday parties, anniversaries, and holiday gatherings – all are impacted by the loss.

At The Schurmer Firm, we fight for maximum compensation to help those loved ones move forward as best as possible.

Available Compensation in Santa Barbara Personal Injury Cases

Financial compensation is available in three categories: economic, non-economic, and punitive. There are no caps on damages except for medical malpractice, which limits non-economic damages to no more than $250,000.

Here are more details on the three types of personal injury awards:

• Economic Damages: This compensation includes medical costs, lost wages, loss of future earnings, physical and occupational therapy, mental health therapy, property repairs, and more.
• Non-Economic Damages: No receipt or invoice reflects these costs. These intangible repercussions can impact your life as much as any other aspect of the injury. Examples include loss of consortium, emotional distress, pain and suffering, and loss of enjoyment of life.
• Punitive (Exemplary) Damages: As the name implies, these damages are meant to punish the responsible party. Not all cases qualify for punitive damages. This award is possible if the defendant acted with malice, oppression, or fraud. Punitive damages cannot be recovered from a government agency.

California has a statute of limitations that restricts when an injured person can file a lawsuit. Most claims must be filed within two years of the injury, or 1 year from the date the injury was discovered (if it was not immediately apparent). An exception is medical malpractice with a statute of limitations of three years.

Santa Barbara Personal Injury Attorneys with Tenacity and Experience

If you have been injured because of someone else’s carelessness or negligence, you might have the right to compensation. Talk to us right away. Time is of the essence.

If we take your case, we will collect the evidence and testimony to craft a strong case. Don’t settle with insurance companies or assume the costs yourself. We believe the people responsible for causing your pain and suffering should be held financially accountable.

We offer free consultations and work on contingency. You won’t pay a dime unless we recover damages for you. Send us a message online or call (805) 470-1628. Put our 45-plus years of experience to work for you!