Category Archives: Articles

Liability for Rear End Accidents and Left Turn Accidents

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Car accidents are very common nowadays specially on the congested streets of American cities.  Being involved in a car accident and getting the fright of your life are already bad enough, but if it turns out you are the liable party, then you have a bigger problem.  People who the law deems as the cause of car accidents may end up being fined with big amount of money or imprisoned depending on the gravity of their offense.  Knowing whether you are liable in a car accident helps you and your accident lawyer prepare for the legal consequences. Here are some pointers that will help you determine whether you are liable for an auto accident:

  1. If you know you broke traffic safety rules, you are liable

Sometimes people don’t take traffic laws seriously. They know it’s illegal to text while driving, yet they do.  They know they could put other people’s lives in danger if they run the red light, yet they do. There is a dangerous concept that people have in their heads that if there are no cops around, it’s okay to break the law. Unfortunately, that’s not the case. If you met an accident because you did not follow the traffic rules, it will be your fault and you will be held liable.

  1. Rear end accidents

The most common type of car accident that people encounter is rear end collisions. If it is your car that’s hit from behind, you are usually not liable. Even if you suddenly stop because the car in front of you stopped, the person who rear-ended your car is still liable for the accident. This is because the law states that they should maintain a distance from the car in front of them. If they rear-ended you, it could mean they didn’t maintain a good distance or they were driving too fast.

However, if your negligence contributed to the accident, like if you forgot to warn the person behind you that you are going to stop, then you will have some liability. It is best to talk to your accident lawyer concerning this issue.

  1. Left-Turn Collisions 

Another common accident and a more dangerous one is the left-turn collision. Concerning this type of accident, the driver doing the left turn is generally at fault because the right of way belongs to the cars running straight into the intersection. This is why it is important to make sure it is safe before making a left turn. However, if the driver going straight into the intersection broke the law by over speeding or beating the red light, all the liability may be transferred to that person. Reliable accident lawyers are generally able to determine if the cause of the left turn collision is you or the other driver. Make sure you have an accident lawyer you can contact easily in cases of accidents.

If you are involved in a left turn collision or rear end collision, which you think is your fault, immediately contact your accident lawyer so he can act right away and  find a solution to reduce the amount you have to pay. If you are the victim, make sure you photograph or video the proof that you are not at fault so your accident lawyer can help you get the compensation you deserve.

Compensation for Slip and Fall Injury in Others’ Property

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You may think that a slip and fall accident may seem minor, but most of the time this type of accidents can cause more severe injury than those attained in a vehicular accident. Bone fractures, breaks, and torn ligaments are just a few examples of the serious bodily damage caused by falling. This is especially bad for senior citizens because if they attain a hip injury, it is difficult to heal and repair without surgery. Slips and falls happen mostly inside homes or business premises.

The responsibility of property owners

One of the responsibilities of property owners is to keep their premises clean and safe to avoid accidents that could injure their visitors. If you have been injured in a slip or fall in another person’s property because of their irresponsibility, it is possible to be compensated for the full amount you have spent in the hospital, the medicines and the treatments, and are compensated for the income you lost because of the said injury.

What to do when you slip and fall in a property

If you have sustained injury in a fall at someone else’s property, you should contact an accident lawyer and get legal advice. Often, the property owner will try to remove the evidence of their fault by repairing the poor conditions of their property or do other stuff to conceal the evidence of their negligence or wrongdoing.

In order to win your case, your attorney should prove that there was negligence on the part of the owner of the property. That is why your accident lawyer should show enough proof that the poor condition of the property caused your injury. That’s where you can help by taking photos of the reason for the accident or see if there are people around you know that you can call as a witness. This is because more often than not, property owners will always try to protect themselves instead of being responsible for your suffering.

What to do if you don’t have an accident lawyer

Lawyers often have their own expertise. Some are focused for example on immigration while others focus on other legal aspects.  Accident lawyers are your best choice when it comes to being compensated for injuries caused by other people’s negligence. The internet is a good place to find accident lawyers who may provide free consultation.

Accidents happen anytime and anywhere when we least expect it.  If you are injured in a grocery store or a gym because of someone else’s fault, it is your right to be compensated for the injury, but you have to act fast. Get legal help from an accident lawyer that you can trust without delay.

Five Things Your Accident Lawyer Would Want to Know After a Car Accident

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Accidents can happen to anyone. Sometimes you are the responsible party, sometimes you are the victim. Either way, you need a lawyer because if you were the victim, it would be your right to be compensated for any bodily injury you attain or the hassle you experienced.  On the other hand, if you are the person who caused the accident, then expect to be sued.  However, there are things your lawyer would want you to tell them in order fully help you.

The whole truth about the accident

Don’t lie to your lawyer! Sometimes clients will lie or exaggerate their injuries in order to make themselves look less guilty. Your accident lawyer will not appreciate being lied to, because they know it’s extremely difficult to defend a lie while the truth is easily verifiable.  Tell your lawyer everything—how the accident happened, when it happened, and why it happened.

That you called them right away

Many people who are involved in car accidents will put off calling their accident lawyer until they are sued or if they discovered later on they have sustained an injury and they didn’t notice it.  This is wrong.  If you are involved in an accident, you should call your lawyer right away. That way the lawyer can tell you what to do to keep you from doing things that will affect your case if you decide to sue or if you get sued.

That you have consulted a doctor after the accident

Sometimes when you get into a vehicular accident, you may not notice that you have been injured until a few days later when the symptoms start appearing. Once you notice the symptoms and decide to sue, it will be difficult to prove that your injury is caused by the accident because a lot could happen in a day and there may be other causes to your injury. If you go to the doctor immediately after the accident, the doctor will see if you are injured or not and there will be no doubts what caused the injury. This will make the case easier to win.

That you have taken videos or photos of the accident scene

Accident lawyers will be very happy if their clients have photographs of the accident site because it will make their job of winning your case much easier.  Taking pictures of the accident scene is very easy nowadays because most phones now have cameras. Courts will always consider video and photographic proofs as solid evidence, so if you are in an accident, try to take photographs or videos and send them to your lawyer. Installing a dashcam on your vehicle is also a good idea.

If a person is involved in a car accident he or she must not think twice about calling accident lawyers either to help them get compensated for injuries and damages or protect them from being penalized. However, lawyers need their client’s help, too.  Do your part and help your lawyers protect you by following the tips above.

Tips From an Auto Accidents Lawyer: What are Your Chances of Getting into an Accident?

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Every time you get into a vehicle, whether as a driver or a passenger, there is a chance that you could get into an accident. Non-fatal accidents are just as prevalant as fatal ones, and many of the same factors increase accident risk for both fatal and non-fatal crashes and accidents. Statistically speaking, there are a number of ways to tell what your chances of getting into an accident are, and, unfortunately, many of them are things you can’t change. Before you have to seek the help of an auto accidents attorney, learn more about your accident risk and what you can do to lower it.

Age and Gender

Young males between the ages of 15 and 19 are in the highest risk group for accidents of every kind. Interestingly, this group is also most likely to be pulled over for speeding. By contrast, drivers above the age of 44, both male and female, are least likely to be involved in an accident. Between the time you start driving and age 44, the odds are that you will find yourself in a fender bender at least once in your life – so if you’ve made it to 45 without ever needing to hire an accidents lawyer or file an insurance claim, you really are one in a million.

Location

While more minor accidents occur in urban areas, fatal crashes tend to occur on rural roads. This is probably because it is easier to lose focus on long stretches of open road no matter who you are. If you have to drive in the country, be sure to follow the speed limit carefully and keep a watchful eye out for deer at night. Remember, too, that many fatal and non-fatal accidents are single vehicle accidents, which may be related to the increased risk of crashes in rural areas.

Type of Vehicle

Newer vehicles are generally considered much safer than older models, because cars, trucks, and SUVs today are designed to reduce your chances of getting into an accident rather than simply keep you safe if an accident happens. Among older vehicles, cars are more likely than trucks or SUVs to be involved in a crash. In fact, the 2013 national average of fatalities involving car crashes was about 39%, compared to 25% involving pickups and SUVs.

Substance Abuse

Some 70% or more of fatal accidents involve alcohol, and a large percentage of non-fatal accidents involve alcohol as well. Alcohol isn’t the only culprit, however; even driving while under the influence of your own prescription medication can drastically increase your chances of crashing. In fact, recent studies have shown that prescription medication is more dangerous for drivers than marijuana, which may only minimally increase your chances of an accident. Avoid driving under the influence of any substance, and your chances of crashing your vehicle will always be much lower.

Understanding your chances of getting into an accident can help you take steps to avoid one. And if something happens and you do find yourself in an accident, a San Diego accidents attorney is standing by to give you the professional representation you deserve.

What to Do When Your Auto Accident Results in a Personal Property Damage Lawsuit

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Finding yourself at the receiving end of a personal property damage claim can be frustrating and time-consuming. If you don’t have the money to pay for an accident that may or may not have been caused by your negligence, you may need to turn to an experienced auto accidents lawyer to make sure that you aren’t ordered to pay a huge sum of money for something that wasn’t your fault – or worse, end up with a conviction on your record. Your auto accidents attorney will help you minimize the damage, and may even be able to help you win the case altogether.

Negligence Claims

In most cases, someone who files a personal property damage lawsuit in small claims court will file a negligence claim. Negligence claims operate on the theory that you knew there was a problem with your vehicle and did nothing about it. For example, if you smashed into your neighbor’s fence while driving because your brakes suddenly stopped working and you knew they needed repair, it would be a case of negligence. You will need to prove that you didn’t know there was a problem with your brakes, or that there shouldn’t have been a problem with your brakes (if you just had the brake pads changed, for example), in order to win the case.

Intentional Damage Claims

Intentional damage cases are rarer than negligence claims, and are fortunately easier to defend in many circumstances. Using the earlier example, your neighbor could claim that you destroyed his fence on purpose because of a long-standing rivalry between your families. In this case, you will simply need to prove an extenuating circumstance that caused you to run into his fence – for example, the road was slick from the rain that day and you slid out in the middle of a turn. Even if he could prove negligence at this point, perhaps by saying that you knew you needed new tires or you were driving too fast, he would have to file a separate negligence claim instead to benefit from the accident.

What You Can Do

Immediately after an accident that involves personal property damage, the best way to start building a strong defense is to stay on the scene until the police arrive so you can give a statement. This will show the courts that you were willing to cooperate from the beginning in case a claim is ever filed. Take pictures of anything and everything that might help your case, and keep every piece of insurance paperwork you file and repair estimates you collect.

Hiring an Auto Accidents Lawyer

As soon as you find out that you are begin sued for property damage, consult an accidents attorney to find out what steps you need to take next. You should have a little time to prepare, but having an attorney on your side can help you take the most advantage of that time. With a good accidents lawyer on your side, you will be able to build the strongest defense possible and hopefully avoid paying anything out-of-pocket to the plaintiff.

Who is at Fault? Advice from an Accidents Lawyer

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If you are involved in an accident, dealing with the insurance company and any other involved parties can be difficult. In some instances, determining who is at fault can be even more difficult when it is a “he said, she said” situation. A San Diego accidents lawyer can be instrumental in helping you understand what the law says on the matter, and how much you can expect to recover.

What does California law say?

There are several different ways of determining fault throughout the country, but the state of California uses pure comparative fault as the method to determine how to award damages in the event of an accident. The insurance company or companies will determine what percentage of an accident is your fault and what percentage is due to the other party, and you will pay or collect accordingly. If an accident is deemed to be 30% your fault, for example, 30% will be deducted from the damages you can collect.

What if each party blames the other?

Your insurance company and the company of the other party will negotiate fault. Hiring an accidents attorney will increase your chances of the best outcome. While the insurance company is often looking for ways to make more money for itself, your attorney will be dedicated to ensuring that you are awarded the damages you deserve if you were the injured party, or that you will have to pay as little as possible if you were more at fault.

What if one party is uninsured?

Make sure that your current insurance policy includes uninsured motorist coverage, which will at least partially cover your damages if you are injured in an accident with an uninsured driver, or if the other driver leaves the accident before you can get his information. If you are the uninsured party, an accidents lawyer can help you minimize the damages you may have to pay out-of-pocket if you were partly at fault.

How soon should I hire a lawyer?

The sooner you act after being involved in an accident, the better. In California, you have two years after an accident to file a claim for personal injury and three years to file a property damage claim. So filing a claim with your insurance company and hiring a lawyer long before these deadlines increases your chances of the best outcome – when a court case is looming before the insurance companies, you and your lawyer have more leverage to negotiate a positive outcome for you.

Understanding how the state of California determines fault in an accident, and what you can do to protect your rights, can mean the difference between a denied claim and fair compensation from your insurance company. Every individual case is different, so the best way to figure out how much compensation you are entitled to is to consult an auto accidents attorney. This will keep you from encountering any surprises when you file an insurance claim.

Accident Attorney’s Tips on Speeding Tickets: What You Should Know to Stay Away from Trouble

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So, like most of us, you were driving in a hurry, and as a result, you got ticketed for speeding. What do you do first? Any specialized accidents attorney will tell you that your defense should depend on the nature of the speed limit. Below are a few things to keep in mind, when deciding to fight a speeding ticket in court.

As a legal constant, all US states currently use three basic speed limit types. These are known as basic, presumed and absolute.

–          The most straightforward of these is the absolute speed limit. If a road sign says 50 mph is the limit and you are caught driving 51mph, this means you have broken the law. It is generally tough, sometimes impossible to fight these absolute speed limit violations. A reputable attorney might find a few ways to help you in this respect, though. A line of defense may include claiming you were forced by an emergency situation to exceed the given speed limit. Another one may include attacking the way in which the police have determined your speed.  A very good lawyer may even attack such a violation claiming that police officers have mistakenly identified your car.

–          The presumed speed limit involves the idea that you may have driven at an unsafe speed. This is theoretically easier to beat and includes certain specialized lines of defense. You should know that, overall, you might have a good chance of winning, if your attorney can prove you were only slightly over the limit and weather and traffic conditions were allowing it. You or a specialized attorney’s aid will have to go back to the scene and take photos at the same time and day of the week you were cited. Also, take a photo from the driver’s viewpoint. It’s obviously to your benefit if you can establish the road was straight, with good visibility.

–          Basic speed law prohibits driving at an unsafe speed, even if that speed is below limit. In all US states, tickets for driving under the speed limit, but too fast to be safe, are often referred to as “driving too fast for conditions.” For example, driving exactly at the 65 mph posted limit on the freeway would not be smart amidst slower and heavy traffic, in a dense fog, or in a driving rainstorm or blizzard. The basic difference between fighting a normal  absolute speed limit ticket and a basic one is that the prosecution will have the burden to prove that you were driving in an unsafe manner. This can be difficult to prove, in normal circumstances and if your car was not involved in a traffic incident at that time.

No matter what law of defense you may choose after you decide to fight a speeding ticket, you should know that your chances of winning increase, if you use specialized help. A seasoned accidents attorney with relevant experience in the field will work wonders on your case.

What Is Distracted Driving and How an Accident Attorney Can Help

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Everyone loves to think it could never happen to them. People watch the PSAs, they may even hear live lectures about it, but they still leave thinking it’s “other people’s” problem. Some might even think the issue is so amusing they can’t help but text their friends about it– while they’re behind the wheel. Next thing they know, the very issue they mocked suddenly becomes their own downfall.

Distracted Driving: How Dangerous Is It?

Distracted driving is a rapidly growing problem in the United States. Modern technology has escalated this issue by making quick communication so convenient that many people, especially teenagers and those in their 20s, have practically become addicted to it. Talking on the phone or texting while driving is not only dangerous, but illegal in most areas. Operating a vehicle requires complete visual and mental attention, and even a diversion for a second can cause serious accidents.

Technology is not the only cause of distracted driving. People have also been involved in collisions from eating, drinking, grooming, adjusting the radio, or even talking to passengers in the car. Those who decide to “multitask” in this way need to be extremely cautious in doing so. In the United States, more than 1,100 people are injured in car crashes involving a distracted driver every day.

If You Become a Victim

If you are involved in a car accident you believe was caused by a distracted driver, the best thing to do is contact an accident attorney as soon as possible. Many attorneys work with a team of investigators to learn the truth about what happened. They will collect all information and work closely with you to determine the best legal approach to take.

An accident attorney will figure out the liability involved in the incident and make sure you are adequately represented. By thoroughly examining the story behind you and all involved drivers, a solid legal team will prevent you from being compensated insufficiently. Car insurance companies go to great lengths to avoid paying massive fees on behalf of their customers. The accident attorney you hire must be aggressive and experienced to counteract these actions.

Cracking Down On Negligence

Many states are working on ways to enforce stricter penalties for distracted drivers. In Utah, a fatal car crash caused by a texting driver is treated the same way as one caused by a drunk driver, with penalties being up to 15 years in prison. In Maryland, the planned enactment of “Jake’s Law,” named after a young victim of a distracted driver, would raise the penalties of such a collision to three years in prison, a $5,000 fine, and a suspended license. An experienced accident attorney will not only fight to enforce these state laws onto those responsible, but also make sure you are covered for your medical bills, pain and suffering, and the time spent missing work. You’ve been through enough, let your counsel take it from here.

 

by Ali Golchin

Being Involved in an Auto Accident with Children

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by Ali Golchin

Since children under 18 years of age are not treated the same as adults in the eyes of law, any legal matter involving them can get tricky. If you have a child that was injured in a car accident, either as a pedestrian or as a passenger, it is important to know what steps you can take to claim compensation. Children are just as entitled as adults are to compensation when they are injured automobile accidents. By hiring an auto accident attorney, you can be sure that your child recovers the damages that they deserve.

Making a Claim on Behalf of the Child

It may seem strange to try and file an auto accident claim for your child who is under 18 years of age, but as their parent, it is your choice. Your child is not able to file a claim for themselves and if they were injured in the accident, you need to be able to pay for their medical needs and anything else that may come up because of the accident. An auto accident attorney can help you through the process so that you know what is required and how to file the claim.

Once your child turns 18, they can file claims on their own for any automobile accidents. If you started the claim for your child before they turned 18 years of age, the child should take responsibility for the claim once they are of age. Furthermore, if you decide not to file a claim for an auto accident for your teenage child, they can file one themselves once they are 18.

If your child suffered serious injuries and are not medically capable of dealing with their own claim, they will not be responsible for it once they turn 18.

The Litigation Friend

You are considered your child’s litigation friend when you file a claim on their behalf. This title is given to you in any documentation to keep the claim clear and easy to understand. It is important to note that the litigation friend is independent of the claim, so if you are to blame for the accident, you may not file a claim for your child. In this situation, the other parent or any close relative can file the claim on your child’s behalf. Your insurance will have to pay out to your child along with the other party if they are at fault.

If the claim is won, the litigation friend doesn’t receive any compensation. The money is put into a trust for the child and is only accessible with permission from the court until the child is 18 years of age.

If your child is involved in an auto accident, things can get complicated without the help of an auto accident attorney who is familiar with automobile accidents involving children.

Accident Attorney Tips: Determining Who Is at Fault in an Auto Incident

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In case you use any means of transportation other than public transportation, inevitably you will have to deal with some situations involving accidents. In moments like that you might wonder what determines who is at fault in a car, truck, motorcycle, or bicycle accident. Generally speaking, the faulty party is considered to be the driver who didn’t obey the rules and the law.

The rules for vehicle accidents

In case of the vehicle accidents there is a set of rules which tell people how they are supposed to drive. These rules also provide ways to measure liability. In order for someone to get their driver’s license, they have to pass a test based on these rules. The complete set of rules can be found in the state’s vehicle code. While some might think that these rules only apply to cars, there are also rules for motorcycles, bikes and pedestrians.

Different situations might raise different questions

In some cases it is very clear who the faulty party is. For instance if a driver runs a red light and crashes into another car, it is clear that it was their fault. However, in other cases the violation of the rules might not be that clear. It is common for accidents to happen when cars need to merge into one single line. The cases of this kind are governed by the negligence law.

Although negligence doesn’t have a very specific definition, a negligent person is considered to be someone who acts carelessly or thoughtlessly. If a pedestrian, cyclist or driver causes an accident because of their negligence, they can at least partially be found at fault.

How to prove negligence

In order for someone to prove the negligence of another person, there are three aspects they will have to think about:

  1. The person in question is required by the law to act carefully in that given situation (this is a given fact since all drivers have to be cautious at all times)
  2. The driver (biker or pedestrian) wasn’t careful
  3. The driver’s action caused damage or injury to another person

Police reports

In case you are asking what determines who is at fault in a car, truck, motorcycle, or bicycle accident, it is good to know that these are the documents that determine the fault of a person. If the police arrived to the accident, there is a good chance you could get the report from the police. In many cases the report includes who caused the accident. If it doesn’t mention who violated the regulations, at least it contains what happened from the police officer’s point of view.

In the majority of the cases it isn’t difficult to determine who the faulty party is and they will be held liable for their actions.