Articles Posted in Car accidents

https://www.consumerattorneyblog.com/wp-content/uploads/sites/132/2020/09/20.08.25-300x197.jpgSitting in gridlock or being stop-and-go on freeways for hours is never a Southern Californian’s idea of fun; people try to avoid it whenever possible. For motorcyclists, that often includes moving between vehicles and splitting lanes. However, the practice often results in accidents, leading to injuries and/or fatalities. In fact, more than 400 motorcyclists lost their lives on California streets in the span of just a year according to the Governors Highway Safety Program. Motorists who strike a lane-splitting rider often argue the motorcyclist’s behavior was negligent and they, in fact, caused the collision; however, it’s not always the motorcyclist’s fault. A skilled Southern California personal injury attorney can often make the case the rider was not the cause of the collision.

Lane-Splitting Defined

Lane-splitting involves a motorcyclist riding between vehicles in different rows of traffic using their same lane. No state besides California specifically allows it. Proponents argue lane-splitting benefits riders in many ways, such as:

https://www.consumerattorneyblog.com/wp-content/uploads/sites/132/2022/05/Screen-Shot-2022-05-04-at-3.22.47-PM-300x196.png There’s so much discussion around the dangers of driving, but the dangers are equally real for passengers. Whether in the front or the back, you have legal options for recovering financially when you are a passenger in a car accident. Fortunately, in most cases, you would likely be able to recover damages for your injuries as a passenger. However, passenger injury claims stemming from car accidents can get more complicated. Whether a driver or a passenger, insurance companies will always try to avoid paying at all and then seek to pay as little as possible which is one of the many reasons why working with an experienced car accident lawyer is essential no matter what seat in the car you were riding in!

What Do You Need to Prove the Cause of the Accident?

To start, who caused the accident? The answer to this question is not always just one person but can be many, which can be helpful because it means there are potentially more available insurance funds. Ultimately the how and why of the accident needs to be proved to establish the negligence of various parties. California is a comparative negligence state which means that while you can still file a winning lawsuit if you played a role in your accident, your compensation will be reduced accordingly. For instance, if you weren’t wearing your seatbelt at the time of the crash, the other party will argue that you contributed to making your injuries worse and seek to reduce your payout accordingly.

Can an Employee Be Fired For a DUI?

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A criminal conviction can have a domino effect on many parts of your life such as moving into specific locations, obtaining loans, securing professional certifications, or seeking employment. Sometimes, people are dismissive of DUIs as compared to other types of crimes. But if it’s a criminal conviction, regardless of the type, it can affect your employment or job-seeking opportunities.

State law varies when it comes to whether it’s illegal for an employer to inquire about an individual’s criminal history until after they provide a job offer. This is based on the rationale that employers should be free to blindly evaluate an applicant without muddying the waters with the knowledge of a conviction. While California does have some protections in place for job applicants and employees when it comes to this issue, not all areas are protected. Read on to learn about how a criminal conviction, (including one for a DUI) impacts employment.

The Importance of Video Footage of your California Car Accident

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Although car accidents happen every day, we still don’t expect to be in one. When it does happen to you, your first thought immediately after is your safety.

After that, there is interest in reconstructing the accident and the recall of those involved. You probably have pictures that you’ve taken after the accident, but on-scene authorities, including the police and paramedics, may ask for your version of the events that led up to the accident. However, there are usually better alternatives: With cameras present on highways and used for local businesses, video footage could be a great resource for revealing what happened. Getting access to footage immediately after the accident can show who the negligent party is. But there is urgency because these digital records must be acquired before they are gone forever.

shutterstock_264466154-300x200When you’re thinking of pursuing a personal injury lawsuit, you want to know what to expect. Obviously, you wish to have the positive result of being compensated for the injuries that you’ve suffered from due to the wrongdoer’s actions. Although all cases are different based on the specific set of circumstances and details, there are certain commonalties and certain phases that will occur for any personal injury suit.

Medical Treatment

The first step to take after any accident or incident is to seek out medical attention. Although you may not feel anything at the time, it’s a good idea to check with a physician just in case because many conditions may develop later. You will want to have a medical record for further documentation to establish your case.

shutterstock_1724019463-300x155Even with Labor Day in the rear view mirror and children returning back to school, it doesn’t mean that everyone is content to remain at home. Since the pandemic kept much of our wanderlust at bay, there’s still an urge amongst many to hit the road even past the summer months. Combined with more business re-openings, more people will also take to the skies for business travel, which often means renting a car. Although using a rental car is convenient, it does come with its fair share of risks. Read on to learn about tips for protecting yourself if you rent a car and what to do if you are in a rental car accident.

Personal Insurance Policies and Rental Cars

If you’re worried about your rental, look to your personal insurance coverage; make sure that it covers rental car accidents. Many insurance policies often cover the driver and not just the vehicle, so, your personal insurance may protect you in the event of a collision. It is best to verify this prior to your trip.

shutterstock_282272219-300x200California, (like many other states) has minimum insurance requirements which must be made before you can operate a vehicle legally. Under state law, you are required to have automobile insurance, and if you don’t, there are penalties for not having the minimum amount.

The way that almost all accident-related injuries are compensated is through liability insurance. Since California is an at fault state, the insurance company of the person whose negligence caused the accident is responsible for paying for the injured party’s damages; this is the reason that California requires auto insurance minimums.

Minimum California Car Insurance Coverage

shutterstock_1796069254-300x300Being involved in a vehicle accident can leave you shaken up and disoriented. However, you will want to remain calm and try to incorporate certain activities to your “to-do” list after you’ve been involved in a collision. Read on to learn what steps to take after a car accident.

Requirements in Case of Injury or Death 

If you are involved in an accident where anyone was injured or killed, you should do the following:

shutterstock_1148538434-300x200You were driving down the road to pick up groceries when suddenly a car doing about 65 comes crashing into you. You decide to file a claim so that you can get compensated for your injuries, including your medical expenses, pain and suffering, lost wages, and quality of life losses. In order to properly get reimbursement for the damages that you sustained, you will usually have to rely upon the insurance company of the other driver. The value of your claim is the total of what you can collect. It depends on many factors, including the injuries you suffered and the amount of the insurance policy the other driver has available to them to pay the claim. In most scenarios, the realistic maximum amount of money that can be collected—regardless of the injury—is the amount of insurance policy. It plays a significant part in a car accident case and policy limits determine the total amount of money that an insurance company may pay. Read on for information on how insurance policy limits impact your car accident value.

Determining Fault

California does not recognize “no-fault” laws. Therefore, a preliminary step in your car accident case, before you can recover damages, is determining that another driver is at fault. Multiple parties can be at fault and you can file against any or all of them. Even the plaintiff can be partially be at fault. California is a comparative negligence state, which means that a negligent plaintiff can still recover damages. However, the monetary amount is reduced by their degree of fault.

https://www.consumerattorneyblog.com/wp-content/uploads/sites/132/2020/09/20.08.25-300x197.jpgSitting in gridlocked or being stop-and-go on freeways for hours is never a Southern Californian’s idea of fun; people try to avoid it whenever possible. For motorcyclists, that often includes moving between vehicles and splitting lanes. However, the practice often results in accidents, leading to injuries and/or fatalities. In fact, more than 400 motorcyclists lost their lives on California streets in the span of just a year according to the Governors Highway Safety Program. Motorists who strike a lane-splitting rider often argue the motorcyclist’s behavior was negligent and they, in fact, caused the collision; however, it’s not always the motorcyclist’s fault. A skilled Southern California personal injury attorney can often make the case the rider was not the cause of the collision.

Lane-Splitting Defined

Lane-splitting involves a motorcyclist riding between vehicles in different rows of traffic using their same lane. No state besides California specifically allows it. Proponents argue lane-splitting benefits riders in many ways, such as:

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