Posted on May 23,2016 in Car Accidents

There are nearly 29 million automobiles registered throughout the state of California but despite the mandates of California Vehicle Code (CVC §16058), California currently ranks in the top five of states with the highest percentage of uninsured motorists. This is not welcome news for those traveling the coastal roadways and falling victim to experiencing a car accident with the nearly 25 percent who do not carry auto insurance. Not only can this lead to possible legal and insurance complications, but it is against California law to drive without at least the mandated minimum state insurance requirements.

In addition, an estimated one in three California drivers are either uninsured or underinsured drivers, even though California offers additional coverage to protect all drivers against damage or personal injury due to an at-fault driver with no or less than adequate insurance coverage. While, in this instance, a non-fault driver can submit his or her claim to their personal insurance carrier, often the compensation does not fully cover all liabilities.

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 Posted on May 16,2016 in Car Accidents

The moment you are involved in a car accident, your to-do list instantly begins to grow. After you have assessed the situation, addressed any injuries, notified authorities, and exchanged insurance information with the other drivers, it is time to handle the collision report and account for any citations and fines you might have received due to the crash.

The Purpose of the Report

The collision report process begins at the scene of the accident. Its purpose is to accurately document all of the details that led up to and caused the crash. These details help assist Highway Patrol and the other drivers and their insurance companies with the case. Everything from the traffic and weather conditions to the time of day, as well as witness accounts, are important details and should be noted for the report. It is also important to make note of any events that led up to the crash, as these details give everyone involved a clearer picture of how the collision actually unfolded and why.

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 Posted on May 09,2016 in Truck Accidents

There is an epidemic going on in the United States that to this day remains a serious problem. Everyday, on average 11 accidents involving commercial trucks result in fatalities. Additionally, over 100,000 people are injured in the same type of accidents per year. If you apply the same numbers to a different industry, it would be like a commuter jet crashing every week. With the potential for these accidents being so high, the need for legal counsel is also rising. What should you expect from truck accidents with regards to legal action?

Reasons for Concern 

Commercial trucks are seen on almost every road and every highway, and, every day, truck driving schools have a new graduating class full of fresh, newly-trained drivers that will be on the road shortly. Commercial trucks are responsible for transporting a large portion the goods that we purchase, from gas and oil all the way to moving homes. These vehicles have deadlines and agendas that they have to follow, as well as regulations that mandate everything they do. In most cases, they are highly-trained and skilled professionals, but accidents are not planned and can happen to anyone. There are number of factors that contribute to these accidents being so much more devastating and potentially dangerous, including:

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 Posted on May 02,2016 in Dog Bites

Whether you are a dog owner yourself, have been a victim of a dog bite, or know someone who has had a close call with a dog aggression-related injury, familiarizing yourself with Santa Clara County’s stance on dog safety laws can help you protect your best interests and help keep your neighbors safe.

Existing Dog Safety Laws and Modifications

For years now, Santa Clara County has been investigating ways to further enhance its laws on dangerous dog bites in an effort to place stricter responsibility on owners of potentially dangerous dogs. Back in 2011, the County announced a Board action aimed at expanding the existing policies that are in place to protect residents from harmful injuries. The following new laws were announced:

• County staff have permission to exercise their authority to declare a dog as “potentially dangerous” if said dog is involved with a single attack on any domestic animal;

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 Posted on April 25,2016 in Motorcycle Accidents

Lane-splitting has long been a heated debate when it comes to the subject of motorcycle accidents. The topic has been so controversial, in fact, that just last year The Wall Street Journal reported that the state of California has been the only state in the U.S. to legalize the action thus far, setting a new precedent for the rest of the country. Other states have been following in California’s footsteps to push legislation that will allow motorcyclists to drive between lanes on the open road—an agenda not likely to disappear any time soon. Oregon, Texas, and Tennessee are just a few states aiming to make lane-splitting legal, and many others are close behind.

A Dangerous or Efficient Trend?

The idea behind the practice of lane-splitting is that it allows motorcyclists to reach their destinations faster while contributing to a smoother, less congested commute on the highway. This is considered especially helpful during rush-hour commute times. The drawbacks, of course, have been the largest source of opposition for those against the legislation. Lane-splitting can be dangerous for both the motorcyclist and nearby automobile drivers, as visibility is further limited and the space in which the motorcyclist must navigate is narrow, restricted, and at times obstructed.

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 Posted on April 18,2016 in Car Accidents

In the seconds after a car accident, your mind and body experience a state of shock, some confusion, and then, in many cases, panic settles in. How bad was the accident? Are you or your passengers hurt? What about the other drivers involved in the collision? Who will pay for your medical bills and the costs to fix your vehicle? What if your insurance policy does not cover all the damage?

While your mind is assaulted with a barrage of questions and concerns, the most important thing to do the moment after the accident takes place is to move to action. No matter how serious or minor the damage might be, your safety and communication during those first initial moments following the collision are crucial.

The Crash Happened. Now What?

California state law requires that you remain at the scene of an accident, regardless of how minor the damage might be. Even something as simple as backing into someone’s mailbox or bumping the fender of your neighbor’s car in the parking lot needs to be addressed. You are required to make contact with the person who owns the property or leave a note with your contact information, should you find them unreachable at the scene of the accident.

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 Posted on April 11,2016 in Catastrophic Injuries

Depending on the severity, back and neck injuries can be considered catastrophic injuries in the medical sense, as well as the in the legal realm. Catastrophic injuries usually refer to severe, chronic injuries to the spine, spinal cord, or brain and directly affect the central nervous system. They can be caused by any number of events, with the most common being auto accidents. All too often, victims of these injuries are left with lifelong complications, long-term medical care, and the possibility of never being able to work again, not to mention waking up and going to sleep with pain every day. Catastrophic back and neck injuries are serious and, unfortunately, insurance companies tend to downplay how severe cases are.

Most Likely Causes

Anything can happen in a day, whether you leave the house or not. Accidents are named such because no one plans for such events to happen to them when they start their day. However, many victims of catastrophic injuries are enjoying very common everyday activities when their accidents occur. Catastrophic injuries may result from:

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 Posted on April 04,2016 in Dog Bites

All animals have a tendency to be unpredictable, no matter how well trained or gentle natured. This remains true for dogs, which of course are one of the top companions chosen to live in the homes of their human counterparts. Unfortunately, dogs do have it in their nature to bite for several different reasons. This leads to thousands of injury claims annually. How do we avoid such incidents from happening? If they do happen, how should dog bites be dealt with medically and legally?

Why Do Dogs Bite?

If you have seen a premium dog food commercial within the last couple of years, you may have likely heard that dogs are related to wolves. This is actually very true. Furthermore, although they have been domesticated, there is still the wild animal instinct inside, especially under extreme circumstances. Some reasons a canine may strike out are:

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 Posted on March 28,2016 in Car Accidents

After you have been injured in a car accident caused by someone else’s negligence, you have the right to collect damages. While the amount of damages for your out-of-pocket medical expenses may be easy to calculate, how do you calculate the damages for your pain and suffering? What is pain and suffering under California law?

How the Law Views Pain and Suffering

Pain and suffering, as a principle of law, is also sometimes referred to as general damages or non-economic damages. California law allows for you to be compensated for the physical and emotional discomfort, inconvenience, and negative effects that a physical injury has on your life.

For example, if you were an avid skier before your car accident, but, because of your injuries, you had to miss an entire ski season, that effect on your lifestyle may be considered a type of pain and suffering. If you also had nightmares for months about the accident, you may be entitled to pain and suffering damages. However, pain and suffering can be as simple as having to endure the pain your injuries cause you as you recover.

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 Posted on March 21,2016 in Car Accidents

When making a personal injury claim based on a car accident, you will need to have thorough documentation if you want to be fully compensated for your injuries. While your primary duty after a car accident is to listen to your doctors and get better, you should also be documenting your injuries and losses.

Medical Records

Your medical records are among the most valuable types of information to your car injury claim. While you may be able to describe in great detail where you hurt and for how long, the rules of evidence will require more detailed proof of your injuries. The main reason, of course, that it is important to see a doctor and follow up on your injuries is to make sure you recover as fully as possible, but having medical records generated that substantiate your claim is another key benefit.

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