California is a pure comparative fault state. California's comparative fault law, also known as comparative negligence, means a person injured in an accident can still recover damages if they are partially to blame in a California car accident. Comparative Fault Laws & California Car Accidents: As a pure comparative fault state, people in California can seek to recover damages even if they are 90% or 99% at fault in an accident. In comparison, the modified comparative fault doctrine used in other states prohibits victims from seeking damages if they are 50% or more at fault for an accident. Under California's comparative fault law, an individual who is injured in an accident and partially responsible for that same accident isn't liable for covering all the costs of the accident and associated damages; they're only liable for covering the percentage for which they were at fault. For example, if one party in an accident is 30% at…Read More
If you are a passenger in a California car accident, you’re probably covered by the at-fault driver’s bodily injury liability insurance and PIP. Depending on the details, the passengers in a car accident can file an injury claim with their driver’s insurance company, the other driver’s insurance company, or their own insurance company. No matter what, passengers must take the necessary steps to be prepared to file an injury claim after a car accident. What To Do If You Are a Passenger in a Car Accident and You Are Injured: Navigating the claims process following a California car accident is difficult, but navigating an accident claim can be even more complex and confusing if you are a passenger in a California car accident. It’s important to realize that you don’t have to do it alone. Working with an experienced, local car accident attorney can significantly improve your chances of successfully resolving your claim with less…Read More
Have you been injured in a California car accident? If so, filing a personal injury lawsuit may allow you to recover damages. However, for a valid personal injury claim, you must prove the other driver involved was negligent. When is a California Driver Liable for a Car Accident? California drivers all have a duty to exercise reasonable care when driving. A driver's responsibility to exercise reasonable care is breached when they violate traffic laws, drive recklessly or unsafely, or ignore unsafe road conditions. Negligence in a California Car Accident: Typically, for a successful car accident claim, the plaintiff must demonstrate that the other driver caused the incident and that the injury resulted from the accident. The plaintiff will also need to show proof of any elements of negligence: Distracted driving (were they texting while driving?) Ignoring traffic signals or road signs Driving while over-tired Driving under the influence Reckless driving/speeding Failing to yield Tailgating Aggressive…Read More
When you've suffered an injury, and you're in the middle of a California personal injury claim, you may hear a lot of different legal references to evidence: a preponderance of evidence, clear and convincing evidence, the burden of proof. It may seem confusing, but there are such specific terms all referencing evidence because the requirements regarding evidence in this type of case are also quite precise. A Preponderance of Evidence: Proving Your California Personal Injury Case In many California personal injury cases, the plaintiff must prove their case with a preponderance of evidence. A preponderance of evidence means that the plaintiff's claim is more likely true than not. Clear and Convincing Evidence: Sometimes a Case May Require More The court may require proof of a claim, fact, or element by clear and convincing evidence for the occasional civil case. Clear and convincing evidence may be necessary for California cases seeking punitive damages. In these cases,…Read More
The number of motorcycles on the road is rising. In 2017, close to 850,000 motorcycles traversed California roads. With an increase in motorcycles on the road, there’s also an increase in the risk of motorcycle accidents. If you are a motorcyclist in California, avoid high-risk factors to minimize the chances of a California motorcycle accident. High-Risk Factors to Avoid as a California Motorcyclist: There are a few common high-risk factors or dangers you should be aware of and take care to avoid if you are riding a motorcycle in California. 1. Blinds Spots: A lot of things are within your control as a California motorcyclist, but one thing you’ll never be able to control is other drivers on the road. Motorcycles, the smaller vehicle in almost any road altercation, tend to be overlooked by other drivers, particularly when a motorcycle is driving in another vehicle’s blind spot. Drivers who quickly glance back before changing lanes or…Read More
If you've been injured in a motorcycle accident, remember that California is a motorcycle-friendly state. The gorgeous weather combined with the outdoor mindset leads to many motorcycles on California roads. However, motorcyclists need to handle an accident differently than a car driver. If you've been injured in a California motorcycle accident, find out how to obtain compensation. How Much Compensation is One California Motorcycle Accident Worth? No hard and fast rules are used to determine the exact compensation for a motorcycle accident injury in California; instead, the process involves some intense calculations, some guesswork, and a big chunk of persuasion. Your motorcycle injury case will hinge on legal guidelines and precedents that can provide information regarding potential award amounts. But the actual value of each motorcycle injury case must be calculated based on the specific accident's details. The Open Road is a Dangerous Place: Especially for Motorcyclists California is a motorcycle-friendly state. But the open…Read More
After experiencing a car accident, there are a lot of variables to consider. The overall experience is typically frustrating and scary. However, the situation can be even worse if the other party is a drunk driver. If you are in an accident with a drunk driver, know your options for obtaining financial compensation for your injuries. California Car Accidents: Potential Compensation Medical expenses (and future medical costs) Lost wages (and future lost earnings) Property damage Physical pain and suffering Loss of consortium Mental anguish Proving Liability After You are in an Accident with a Drunk Driver: When you are in a car accident with a drunk driver, you will need to prove negligence. In California, we have something called negligence per se. This legal doctrine states that when a person violates a particular provision of a statute, that action is presumed to be negligent. According to California’s negligence per se doctrine, the other driver is…Read More
The standards for determining fault or liability in a pedestrian accident case in California are the same as for any other personal injury case. If you are a pedestrian involved in an accident, you must prove three things to recover damages successfully. Pedestrians Involved in an Accident Need to Prove: that the driver of the involved vehicle owed the pedestrian a duty of care that the driver breached that duty of care due to negligence, and the driver's negligence caused the pedestrian's injury. When Do Drivers Owe Pedestrians a Duty of Care? All California residents (and visitors) owe a duty of care to the others around them. So, every driver on the road has a duty of care, a duty to be aware of pedestrians, bicyclists, and other cars on the road. When drivers aren't paying attention, they might be considered negligent and thus entirely at fault for any injuries resulting from an accident. Pedestrians are at Risk…Read More
Did you know that electronic communications qualify as written material under California law? So any social media post, photo, check-in, or comment can be cited as evidence in a personal injury case. Why Would Someone Cite my Social Media as Evidence in My Personal Injury Case? If you are the injured party in a California personal injury case, the other party may seek to use your social media presence as evidence against you and your claim. Social media can cause a lot of damage to a California personal injury claim. Anything you post on social media (or someone else posts about you) is fair game for the other party’s legal representation or insurance company to use against you during settlement negotiations. Potential Consequences of Social Media Activity During a Personal Injury Claim: The other party involved in your personal injury case will seek any information they can use to: Reduce the amount of your compensation…Read More
Engaging in distracted driving is dangerous. Statistically speaking, driving while distracted makes it 3x more likely that you will be involved in a car accident. What Qualifies as Distracted Driving in California? According to California law, anything that takes the driver's eyes or mind off the road or the driver's hands off the steering wheel qualifies as distracted driving. Many distracted driving incidents involve cell phones, so California state laws aim to reduce the number of accidents caused by distracted driving by specifically focusing on decreasing the distractions from cell phones on the road. California's Distracted Driving Laws: The dangers of distracted driving are real, and California lawmakers put laws in place to address the issue. State law prohibits drivers from reading, sending, or receiving texts or other communications or using handheld cell phones (or other devices). Under California law, drivers under 18 are prohibited from using cell phones while driving - even hands-free. Additionally,…Read More
