Posted on February 15, 2016 in Car Accidents

The cause of injuries in a car accident is not always clear. Often people focus on who was at fault for the car accident, but the sometimes the real legal question is who is at fault for the injuries. It is possible for the insurance company to blame you for at least partially causing your own injuries.

Comparative Negligence

California law recognizes the principle of comparative negligence. This means that if your negligence was a partial cause of your injuries, your award for damages can be reduced by the percentage of your fault.

For example, if a court found that you were 10% at fault for an accident and the court had decided that you suffered $100,000 in damages, your award would be reduced by 10%. This would leave you with $90,000. In California you can sue to recover for damages even if you were 99% at fault for the accident. However, your damages will greatly reduced.

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 Posted on February 09, 2016 in Car Accidents

Every year thousands of people are severely injured, or even killed in car accidents. Sometimes, the cause of the injuries seems obvious. However, in some instances, a defect or malfunction in your car may have made your injuries worse than they otherwise would have been.

Discovering Automobile Defects

While some vehicles become notorious for their defects, other more routine defects pass through unknown to most people. While some SUVs are well known to have a higher risk of rollover rates or of roof crush injuries, for example, there are thousands of components in a car that may not be working properly that could make injuries in a car accident much worse.

Many times these defects will not be discovered unless a crash reconstruction expert examines the evidence. The expert may find that a seatbelt or airbag failed to work as designed. It may become clear that your injuries were really caused or exacerbated by something inside your own car.

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 Posted on January 29, 2016 in Truck Accidents

Truck accidents have the potential to cause catastrophic injury and harm. Of course, most trucks are operated safely, but due to their size and cargo, when a truck is in an accident, occupants of other vehicles are more likely to be permanently injured, or even killed. The true cause of a truck accident, however, is not always immediately apparent.

Causes of Truck Accidents

Common causes of truck accidents include:

• Driver fatigue;
• Distractions to the drive, including cell phone use;
• Excessive speed;
• Impairment due to alcohol or drugs;
• Improperly loaded cargo; and
• Poorly maintained truck and equipment

While some of these causes are the responsibility of the truck driver, the company that employs the driver or owns the truck may also be responsible for the conditions that lead to truck accidents. Before the exact cause can be determined, an experienced truck accident lawyer should evaluate the case.

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 Posted on January 25, 2016 in Catastrophic Injuries

Not so long ago, a concussion was considered just a bump to the head. With new advances in medical science, it has become clear that even with few, or even no, immediate symptoms, a blow to the head may cause a traumatic brain injury that can impact the rest of the victim’s life.

Proving Personal Injury Claims

When you are injured because of someone else’s negligence you have a legal right to be compensated for your damages. But, no matter if you are reaching a settlement with an insurance company or arguing a case before a jury, you have to be able to prove your damages. Proving your damages includes submitting documents such as medical bills and doctor’s reports. It often also requires more subjective proof such as statements about how your injuries have affected your life.

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 Posted on January 18, 2016 in Personal Injury

Mass transit is designed to help reduce congestion on our roadways and safely transport people to work and around the Bay Area. However, sometimes because of negligence a form of mass transportation like a bus, light rail or BART, is involved in an accident that leaves many people hurt.

Causes of Mass Transit Accidents

Just because there has been an accident, does not mean the company or agency operating the mass transit was negligent. Before you will be able to successfully get compensated for your injuries, you will need to prove that the negligence of someone connected with the mass transit agency caused your injury.

Some common causes of mass transit accidents include:

• Fatigued driver or operator;
• Poorly maintained equipment;

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 Posted on January 11, 2016 in Car Accidents

If you have been in a car accident that was caused by another driver, you may have a personal injury claim. Under California law, there are some very specific steps you have to take to protect your rights and to pursue a claim for compensation for your damages. A personal injury claim is a process, not a single event.

Understanding Negligence

Before you can successfully bring a claim for personal injury, you will need to show that the other driver acted negligently and that that their negligence caused your injuries. All drivers have a duty to operate their vehicles with reasonable care. Negligence is when this duty to drive with reasonable care is breached.

Dealing With the Insurance Company

Usually a personal injury claim is opened with an insurance company before a lawsuit is filed. After a personal injury lawyer has reviewed your case and calculated your damages, the lawyer can prepare a demand for the other driver’s insurance company to pay your damages.

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 Posted on January 03, 2016 in Car Accidents

When you lose a loved one, there is nothing that can ever fully heal the broken hearts they leave behind. When a family member is killed in a car accident because of someone else’s negligence, the only thing the law can offer for the loss is monetary damages. Even though no amount of money will ever bring your loved one back, you and your family may need the money you recover from damages to cover bills and provide future economic security.

Wrongful Death Claims

When you bring a claim for damages after the death a family member it is called a wrongful death claim. In California, a wrongful death claim can be brought through the probate court or by a qualifying family member individually.

If the claim is brought as part of the estate process, the probate court will need to appoint someone to represent the estate and manage the litigation. Typically, this will be a close family member. Minors are not appointed by the probate court to represent the estate.

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 Posted on January 01, 2016 in Car Accidents

The law requires all drivers to have insurance before getting behind the wheel. But, not all drivers follow the law. Some drivers do have insurance, but not enough to pay for all the damage they cause. In these situations, you may have to turn to your own insurance policies to get compensation.

Difference Between Uninsured and Underinsured Motorist Coverage

Uninsured and underinsured motorist coverage are both designed to help drivers receive the compensation they deserve for injuries when the at-fault drivers can’t properly compensate them. However, there are important differences in the way the two types of policies work.

Before you can collect from your insurance company under an uninsured motorist policy you need to demonstrate your claim qualifies. This means showing the other driver did not have insurance, or that the accident was a hit-and-run and the identity of the other driver is unknown.

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 Posted on December 16, 2015 in Car Accidents

Distracted driving is one of the leading causes of car accidents in California. The state prohibits drivers from using handheld cellphones while driving. It has had the cellphone ban on the books since 2008. But a recent study shows that using a hands-free device like a Bluetooth headset may not make driving any safer.

Distracted Driving Studies

Researchers at the University of Colorado examined data from California before and after the ban on handheld cell phone use. It discovered that the ban had no significant impact on the number of traffic accidents. Other studies have repeatedly shown that drivers using hands free devices are just as distracted when driving as drivers holding cell phones in their hands while driving.

What is Distracted Driving?

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 Posted on December 08, 2015 in Car Accidents

When you hear about car accidents caused because of a DUI, you probably think of drinking and driving. But, according to National Highway Traffic Safety Administration (NHTSA), drugs other than alcohol are involved in 18 percent of all motor vehicle deaths. Driving under the influence of drugs is just as illegal as drunk driving and just as dangerous.

Drugs and Driving

In California you can be found guilty of DUI if you are on drugs and those drugs interfere with your ability to operate a motor vehicle safely. It does not matter if the drugs are illegal such as methamphetamine or a legal prescription drug such as Vicodin. If you have a valid medical marijuana card and prescription, it is still illegal to drive while under the effects of the drug.

Just like alcohol, many drugs impair judgment, slow motor coordination, and otherwise keep one from driving to the best of their ability. When someone drives while under the influence of drugs, they are putting their lives and the lives of everyone else on the road in danger.

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