Car, Truck, and Motorcycle Accident FAQs
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Do pedestrian accident victims face bias when seeking compensation?
Accidents involving pedestrians have risen dramatically in recent years, with fatalities reaching a 28-year high in 2019, according to the Governors Highway Safety Administration (GHSA). If you were hurt in a pedestrian accident caused by a negligent driver, you may be entitled to compensation for your injuries—however, don't be surprised if you find yourself facing bias at nearly every turn. This bias can start with the police officers investigating the scene of the crash, journalists reporting the incident in the media, the at-fault driver, and the insurance adjuster assigned to handle your claim and the judge or jury assigned to decide the facts of the case.
Why is the Pedestrian the One Many People Suspect Is Responsible for His or Her Injuries?
In 2019, a team of researchers from Rutgers University, Arizona State University, and Texas A&M University set out to test the theory that media coverage of pedestrian accidents may be partially to blame. The resulting paper, which was published in a journal of the National Academy of Sciences' Transportation Research Board, showed that news stories subtly and inadvertently shift blame from drivers to pedestrians in two key ways: by using phrases such as “a pedestrian was hit by a car,” rather than “a driver hit a pedestrian” and describing the incidents as “accidents,” which implies that the events couldn't be avoided.
This bias is rampant with insurance adjusters processing your claim because the more they can blame the pedestrian for the incident, the less they have to pay for the injuries. Unfortunately, judges or jurors who hears your case are also impacted by bias to one degree or another. Utilizing a skilled personal injury attorney with experience in handling pedestrian accident cases can help you overcome some of the potential bias. The attorney will focus on gathering important evidence, interviewing witnesses, and hiring the right experts to render opinions and testify on behalf of the injured pedestrian. Additionally, because California follows the legal standard of comparative negligence, even if the pedestrian was partially at fault, the pedestrian may be able to still maximize his or her financial recovery even if partially responsible.
Let Our Adept California Injury Recover Professionals Handle Your Pedestrian Injury Case
A pedestrian accident can turn your entire world upside down, leaving you seriously injured, unable to work, and facing unimaginable medical debt. At the Inland Empire Law Group, our knowledgeable attorneys and paralegals can help you fight for a fair recovery. Contact us today at (888) 694-3529 or (909) 481-0100, or submit a web form from this website, to speak with our skilled staff and schedule an appointment for a free consultation.
Do I need a truck accident attorney, or can I handle my own claim?
Simply put, if you were seriously injured or sustained significant losses in a California truck crash caused by another person or company's negligence, you need the representation of an experienced personal injury attorney. Even if you've successfully handled other car accident claims in the past, the complexity of truck accidents require the right experienced attorney.
Ways That Truck and Car Accident Cases Differ
Truck crash cases aren't like other auto accident claims. Here are a few of the ways these two types of cases differ:
- Greater injuries and damages in truck crash cases lead to the potential for larger settlements and financial awards. Just because your losses are substantial doesn't mean that the liable party's insurance company or legal team will be eager to compensate you fairly. The right attorney balances out the imbalance of power so you can obtain full financial recovery.
- Multiple liable parties may mean multiple avenues for compensation. In some cases, the commercial truck driver may not be the only one at fault. Depending on the circumstances of the claim, negligent drivers may share liability with a trucking company, truck owner, trucking repair company, or a parts manufacturer. An attorney you does not look for the simple and quick settlement can identify liable parties, investigate all potential avenues for compensation and can fight the legal battle to secure the best outcome for you.
- You're likely to face an aggressive corporate and insurance legal team. Insurance companies and the businesses they insure are focused on protecting their bottom lines. They are not in the business of giving away money. To that end, they often bring in savvy and experienced attorneys to handle litigation with claimants. Having a knowledgeable and accomplished attorney of your own helps level the playing field and sends a message to everyone involved that your case is one to take seriously.
Hurt in a California Truck Accident? Contact Us at (909) 481-0100 or (888) 694-3529
If you were injured in a truck crash caused by someone else's negligence, you may be entitled to compensation for medical expenses, property damages, lost wages, loss of earning capacity, pain and suffering, and other losses. The skilled injury recovery professionals with the Inland Empire Law Group can help you fight for the compensation you need and deserve. Contact us today at (888) 694-3529 to schedule an appointment for a complimentary initial consultation.
Do I need a motorcycle accident attorney, or can I handle my own claim?
If you sustained serious injuries and property damages in a California motorcycle crash caused by someone else's negligence and are incurring significant lost wages, medical expenses, and other losses as a result, you need an experienced motorcycle accident attorney to ensure the maximum recovery available under the circumstances of your claim.
Motorcycles provide no exterior protection for riders, which is why injuries motorcyclists suffer in crashes are often catastrophic. After an accident, the severity of your injuries may prevent you from taking an active role in your insurance claim or lawsuit. A knowledgeable personal injury motorcycle accident attorney can thoroughly investigate the accident, gather and preserve vital evidence, identify liable parties, interview witnesses, find all available insurance coverage and perform other essential tasks to build a strong case for damages while you focus on your physical recovery.
Motorcycle Accident Cases Aren't Like Other Personal Injury Cases
Motorcycle accident cases aren’t like other motor vehicle crash cases, either. When the significant injuries and damages in motorcycle accident cases lead to the potential for sizable financial recoveries for victims, you can expect the at-fault party's insurer and legal team to fight particularly hard to avoid paying. Without skilled representation, insurance adjusters and attorneys from the opposing side won't hesitate to push you around and trick you into accepting less than you deserve. An adept attorney can handle all communications with the responsible party's insurance company and defense attorneys, and advocate for your best interests.
Additionally, the old stereotype of motorcyclists being reckless renegades who have no respect for rules or authority can create an implicit bias that negatively affects a victim's ability to recover fair compensation. A savvy attorney can combat this false narrative with facts and help you overcome potentially case-damaging biases.
Let Us Handle Your California Motorcycle Accident Case
Hurt in a motorcycle crash? Hiring the right attorney, one with the appropriate experience, can increase the potential value of your insurance claim or lawsuit. Contact the Inland Empire Law Group today toll free at (888) 694-3529 or (909) 481-0100, to schedule an appointment for a free initial consultation.
I was injured in a pedestrian accident. Can I still collect damages if I was partially responsible?
Yes. After being injured in a pedestrian accident, victims who fear they may be partially responsible for their injuries are often hesitant to investigate their right to compensation. If you find yourself in this position, don't make the mistake of not investigating your legal rights.
California Follows the Legal Standard of Pure Comparative Negligence
For personal injury cases, including incidents involving motor vehicles and pedestrians, California follows the legal standard of pure comparative negligence. Thanks to this standard, being partly at fault for your injuries doesn't automatically preclude you from seeking compensation for damages. However, depending on the specific circumstances of your case, it could potentially affect how much you're able to recover.
For example, if you were injured by a speeding or distracted driver while jaywalking, you and the driver would likely share liability. You would each be assigned a percentage of fault, which any financial award would is adjusted to reflect the percentage of fault. If you were 30 percent at fault for jaywalking—while the driver was determined to have been 70 percent at fault for reckless or distracted driving—and you won a $100,000 financial award, that award would be reduced to $70,000 to reflect the comparative negligence.
The potential to have your award reduced highlights the importance of having an experienced California personal injury attorney handle your pedestrian accident case. A skilled attorney can investigate your case, gather important evidence, and negotiate to ensure that you're assigned a fair percentage of fault for the accident and your injuries.
Let Us Resolve Your Pedestrian Accident Case For Top Recovery
At the Inland Empire Law Group, our accomplished injury recovery professionals have helped many pedestrian accident victims collect the vital compensation they need and deserve. We'd love to take a look at your case and tell you if we can help you. Contact us today at (888) 694-3529 or (909) 481-0100 to schedule an appointment for a free initial case consultation to talk one of our adept attorneys about your legal rights and options.
Our teen was hurt in an accident that wasn't her fault, but the other driver and their insurance company are trying to claim she was responsible for the crash because she's a new driver. How can we prove that the other driver is liable?
According to the Centers for Disease Control and Prevention (CDC), teens are more likely to be involved in a crash than drivers from any other age group—and their inexperience is often to blame. While that doesn't mean that all teenagers are bad or dangerous drivers, it does make it easier for other motorists—and their insurance companies—to claim that the teen was the one responsible for causing an accident. Fortunately, if your teen was hurt in a crash that wasn't their fault, the experienced injury recovery professionals with the Inland Empire Law Group can fight to establish the other driver's liability and recover the compensation your child needs and deserves for their injuries.
Attorneys Can Help Determine Which Party Was Liable for an Accident
For example, we can conduct a thorough investigation into the crash, gather valuable evidence, interview witnesses, and hire accident reconstructionists or other experts to testify on your teen's behalf. Things like great attendance and performance in school, good student auto insurance discounts, successfully completed internships, and other accomplishments can also be used to show that your teenager has good character and is a responsible person.
After a serious accident, your teen may be entitled to compensation for a wide range of economic and non-economic damages. In addition to compensation for all accident-related medical expenses, financial recovery may include lost wages if your teen missed work because of the crash, as well as damages for physical pain and suffering, emotional anguish, scarring or disfigurement, and more.
We Can Help Your Teen Fight for the Compensation They Deserve
At the Inland Empire Law Group, we understand just how distressing it can be to have your child injured in an accident and then have to wonder if they'll get just compensation. Not to worry, we've helped countless clients in similar situations and may be able to help you as well. If you'd like to learn more, contact us today at (888) 694-3529 to schedule an appointment for a free initial consultation to discuss your case with a knowledgeable member of our legal team. Don't wait—the sooner you involve an attorney in your case, the better.
Is it illegal to wear headphones while driving?
Many drivers enjoy listening to music, audiobooks, or radio programs to pass the time during their daily commute. However, in some circumstances, these types of in-vehicle entertainment can prove dangerously distracting. As a result, California is one of several states that have laws restricting how drivers use audio media while operating a vehicle.
The Dangers of Driving While Using Headphones
Being able to hear what's going on around the vehicle—such as the sounds of traffic, approaching emergency vehicles, or potential hazards like screeching tires—is essential to defensive and safe driving. Playing music or other audio media too loudly can make it difficult for drivers to hear sounds that could help them avoid accidents. Research from the AAA Foundation for Traffic Safety shows that listening to audio media through headphones, earphones, or earbuds not only further diminishes a driver's ability to hear critical sounds around them, but also increases their cognitive distraction level.
California has long banned the use of headphones and earplugs while driving or biking, but until just a few years ago, it was perfectly legal to wear earphones or earbuds. That changed on January 1, 2016, when a state law went into effect making it illegal to wear earbuds on top of the ears (these types of earbuds are also sometimes referred to as earphones) or inside the ear canal—regardless of whether they're actually playing audio. Motorists who violate the law can face fines of $160 or more. Additionally, though California law prohibits headphones, earphones, or earbuds on or in both ears, drivers using a single earphone or earbud are still in compliance.
Do You Need an Experienced Rancho Cucamonga Car Accident Attorney?
If you were seriously injured in a car accident caused by the negligence of a driver who was wearing both headphones, earphones, or earbuds at the time of the accident, you may have grounds for a personal injury insurance claim or lawsuit. Have questions about your case? Call the Inland Empire Law Group at 888-694-3529 or 909-481-0100, or complete our online contact form to schedule an appointment for a free initial case consultation.
Who is at fault in a left-turn accident?
Left-turn accidents are an all-too-common occurrence in California. These crashes occur when a vehicle making a left-hand turn collides with a vehicle that's headed straight, generally in the opposite direction. Left-turn accidents can result in serious injuries and property damages, leading to significant medical expenses and unexpected time away from work.
California law requires that vehicles intending to make a left-hand turn yield the right of way to vehicles approaching in the opposite direction, and wait until it's safe to make their turn. As a result, when left-turn crashes occur, the driver making the left-hand turn is almost always found liable. However, there are some exceptions. Left-turning drivers may not be liable—or may only be partially liable—in the following scenarios:
- The driver heading straight was traveling at an excessive speed.
- The driver heading straight didn't obey traffic lights or signage, such as a red light or stop sign.
- The driver turning left initiated the turn while it was safe, but unexpected circumstances required them to slow, swerve or stop.
- The driver going straight was under the influence of alcohol or drugs thereby contributing to the collision.
- The driver proceeding straight was talking, texting, or otherwise distracted thereby making their actions a cause of the collision.
- The driver heading straight acted in a way to increase likelihood of the collision.
If you were injured in a left-turn accident that wasn't your fault, you may be entitled to compensation for medical bills, property damages, lost wages, loss of income, pain and suffering, and other damages. Because California follows pure comparative fault rules, accident victims may still be able to collect compensation, even if they were partially responsible for the crash and their injuries—however, their financial recovery will be reduced to reflect the percentage of their liability.
Were You Hurt in a California Car Accident?
After a serious car crash, it's vitally important that victims understand their legal rights and options. The knowledgeable attorneys with the Inland Empire Law Group can answer your questions, address your concerns, and offer advice on navigating the personal injury litigation process. Contact us today toll free at (888) 694-3529 or locally at (909) 481-0100 to request a free initial consultation to discuss the details of your case with one of our experienced attorneys.
Is motorcycle lane splitting legal in California?
Lane splitting—defined by the California Department of Motor Vehicles as “passing other vehicles proceeding in the same direction within the same lane”—is a common practice among motorcyclists. In fact, one study found that 80 percent of California motorcyclists regularly lane split on the freeway.
Despite its popularity, there are questions surrounding both the safety and legality of lane splitting, also known as lane sharing or filtering. Contrary to popular belief, lane splitting is actually legal in California. State law never specifically forbade the practice and, in 2016, Governor Jerry Brown signed AB 51 into law, giving the California Highway Patrol (CHP) the ability to develop lane splitting guidelines.
The guidelines include tips to help motorcyclists who engage in lane splitting to do so more safely, as well as safety advice for motorists. CHP tips for lane-splitting motorcyclists include:
- Observe speed limits
- Assume that you're not visible to motorists and passenger vehicle occupants
- Stay out of other vehicles' blind spots
- Wear protective gear that's as visible as possible
- Split between the far left lanes, rather than between other lanes of traffic
- Avoid lane splitting next to big-rigs, semi-trucks, 18-wheelers, buses, and other large commercial trucks
The CHP also offered the following tips for motorists:
- Watch for motorcyclists and anticipate their possible movements
- Check mirrors and blind spots, especially prior to turning or changing lanes
- Signal before changing lanes or merging with traffic
- Never intentionally block or impede a motorcyclist in a way that could potentially cause harm to the rider
Consult an Experienced California Motorcycle Accident Attorney
Were you hurt in a California motorcycle accident that wasn't your fault? Whether you were the motorcyclist involved in a traffic collision, or a motorist who was struck by another vehicle, the knowledgeable attorneys with the Inland Empire Law Group can investigate your claims, help you understand your rights and potential options for compensation, and present a strong case. Do you have questions about a California lane-splitting motorcycle accident? Contact us today at (888) 694-3529 to schedule an appointment for a free, no-obligation legal consultation.
What type of monetary recovery is available to injured TBI victims?
Car accidents are a leading cause of traumatic brain injuries (TBIs), according to the Centers for Disease Control and Prevention (CDC), which estimates that there are more than 5.3 million Americans—or roughly two percent of the population—living with disabilities caused by a TBI. These injuries can irreversibly change an accident victim's life, resulting in the need for ongoing medical treatment, assistive care, and other costly accommodations. In fact, one Northwestern University study found that living with a TBI can cost between $85,000 and $3 million over the course of a lifetime.
The Wide Range of Economic and Non-Economic Damages
Fortunately, victims who sustain TBIs in car accidents caused by another person or entity's negligence can file a personal injury lawsuit in civil court and seek money for a wide range of economic and non-economic damages. A monetary recovery or judgment for economic damages is intended to compensate an accident victims for quantifiable financial losses arising from the accident and the accident related injuries. Examples of economic damages—also known as special damages—include:
- Medical bills
- Future accident-related medical expenses
- Lost wages
- Loss of earning capacity
- Other past and future accident-related financial losses
The payment or award of money for non-economic damages, also known as general damages, have pay for items where there is no direct monetary value. Non-economic damages in car accident TBI case can include:
- Pain and suffering
- Emotional distress
- Scarring or disfigurement
- Loss of enjoyment of life
- Loss of companionship and consortium
These damages are harder to calculate into dollars and cents, but they are real and an injured person can greatly benefit from the financial assistance for the losses suffered by the TBI victim.
Finally, there is a third type of damages known as punitive damages. Money may be awarded in cases where the defendant's behavior was particularly egregious or wanton. An attorney can help you determine if a request for punitive damages might apply in your case.
Consult a Knowledgeable California Car Accident Attorney
If you or a loved one sustained a TBI in a car accident caused by another person or company's negligence, the skilled attorneys with the Inland Empire Law Group can investigate your case, and help you understand your rights and legal options. The injury professionals at the Inland Empire Law Group can provide quality legal services, from pre-litigation settlement demands to taking a case to trial if necessary to secure the best result for your injury claim. Contact us today at (888) 694-3529 or (909) 481-0100 to schedule an appointment for a free initial consultation.
What questions will a car accident attorney ask?
Most car accident attorneys offer potential clients a free initial consultation. These consultations allow the attorney, or his or her staff, used the time to review the case, gauge its strength, and determine whether the case, clients, and law firm are a good fit for each other. During that consultation, car accident personal injury attorneys determine the appropriateness of the case by asking prospective clients a wide range of questions. Answering the attorney's questions completely and honestly ensure the best ability for the attorney to evaluate your case and determine if you and the law firm are the right fit for each other. Sometimes the attorney can direct you to another law firm that might be a better fit for your case.
Questions an Attorney May Ask
The questions the car accident attorney will ask will likely focus on topics such as exactly how, when, and where the accident occurred; the insurance coverages of the involved drivers; the injuries sustained and the medical care received; as well as the available evidence. Examples of some questions car accident attorneys ask during the initial consultation include:
- Where and when did the accident happen?
- How exactly did the accident occur?
- What were the road and weather conditions immediately before—and during—the collision?
- Did the other driver admit fault?
- Is there a police accident report?
- Do the involved drivers have auto insurance? What are the coverage limits? Do the policies include uninsured (UM) or underinsured (UIM) motorist coverage, or personal injury protection (PIP)?
- Can you provide a complete list of the injuries you sustained in the accident? Are any of those injuries appear to be permanent?
- Where and when did you first receive medical care for injuries related to the accident?
- Do you have medical records documenting your injuries?
- Are there photos or videos of the accident scene, property damage, or physical injuries?
- Did you have injuries prior to the collision?
- Did you lose wages or were you unable to work due to the injuries?
- Have you ever had any prior lawsuits or injury claims?
Schedule a Free Initial Consultation
If you were injured in an accident caused by someone else's negligence, you may be entitled to financial compensation for damages such as medical expenses, property damage, lost wages, pain and suffering, and more. The Inland Empire Law Group can help you protect your rights and explore your options after a car accident. Contact us today at (888) 694-3529 (909) 481-0100 to schedule an appointment for a free initial case analysis.
What is reckless driving?
Reckless driving is a common type of behind-the-wheel negligence that can lead to accidents, injuries, and deaths. This is no minor traffic infraction. In California, reckless driving is a misdemeanor offense that can result in up to three months in jail, between $145 and $1,000 in fines, and as many as two years probation.
Section 23103 of the California Vehicle Code defines reckless driving as “a person who drives a vehicle upon a highway (or in an off-street parking facility) in willful or wanton disregard for the safety of persons or property. . . ." Though the term “reckless driving” can refer to a wide range of unsafe behaviors, common examples include:
- Excessive speeding
- Instigating conflicts with other drivers
- Purposefully running other vehicles off the road
- Weaving in and out of lanes in a way that endangers other motorists
- Engaging in illegal street racing
- Disregarding traffic signs and signals
California law considers two types of reckless driving: “wet” reckless driving, which indicates the involvement of drugs or alcohol, and “dry” reckless driving, which drugs and alcohol were not a factor.
Were You Injured by a Reckless Driver?
Reckless driving causes countless accidents, injuries, and fatalities each year—both in California and across the nation. If you were injured in an accident caused by a reckless driver, you may be entitled to compensation for damages such as medical expenses, property damages, lost wages, and pain and suffering. Additionally, if the reckless driver's conduct was particularly egregious, you may be entitled to a rarely-awarded type of compensation known as punitive damages.
Do you have questions about an insurance claim or personal injury lawsuit? The knowledgeable and experienced car accident attorneys with the Inland Empire Law Group can answer your questions, and help you better understand your legal rights and options. Contact us today at (888) 694-3529 or (909) 481-0100 to schedule an appointment for a free initial consultation.
Is it always your fault if you hit another car from behind?
A rear-end accident occurs when one vehicle crashes into the back of another vehicle. These types of collisions are one of the most common types of car accidents in the United States. More than 6 million car crashes are reported to law enforcement each year and rear-end collisions account for more than one-third of those accidents, according to the National Highway Traffic Safety Administration (NHTSA). In fact, more people are injured in rear-end accidents than any other type of crash; these collisions injure more than 500,000 and kill nearly 2,000 people annually.
After a rear-end accident, many people just assume that the driver who did the rear-ending is the one to blame. This is often correct since many of these collisions are caused by excessive speed, traveling too closely behind another vehicle or distracted driving. One NHTSA study found that distraction of the trailing driver was a factor in 87 percent of rear-end accidents. However, there are exceptions to this general rule. The first driver may potentially share in liability if they:
- Reverse suddenly
- Have non-functioning brake lights
- Stop to turn, but then change direction at the last moment
- Leave a disabled vehicle in the middle of the road without turning on hazard lights or setting up emergency triangles
- Stopping quickly for no reason
It's also important to note that being partially responsible for a rear-end accident doesn't necessarily preclude a driver from collecting compensation for damages. California is a pure comparative negligence state, meaning that each party is liable for their percentage of fault and their financial award is reduced according to their respective liability.
Do You Have Questions About a California Rear-End Accident?
If you were injured in a rear-end accident that was not your fault, or even partially your fault, you may be concerned about whether you're eligible to collect compensation for medical expenses, property damages, lost wages, and other losses. The knowledgeable and experienced car accident attorneys with the Inland Empire Law Group can review the details of your case, and help you understand your legal rights and options. Contact us today at (888) 694-3529 to request an appointment for a free initial case consultation.
What are the motorcycle helmet laws in California?
California is one of 19 states with a universal helmet law that requires motorcycle drivers and passengers to wear a helmet while the vehicle is in operation, regardless of their age or ability. Some states exempt riders and passengers from wearing a helmet if they're over the age of 21 or have completed an approved safety course. However, in California, anyone driving or riding a motorcycle, motor-driven cycle, or motorized bicycle must wear a U.S. Department of Transportation (DOT) compliant motorcycle safety helmet—no exceptions. Additionally, the helmet must feature certification from the manufacturer stating that it complies with U.S. DOT Federal Motor Vehicle Safety Standard (FMVSS) 218.
Failing to wear a motorcycle helmet in California can have consequences that range from a verbal warning up to a $250 fine. Most importantly, not wearing a helmet can negatively impact any personal injury insurance claim or lawsuit a motorcycle driver or passenger might bring in the event of an accident. California is a comparative negligence state and if a motorcycle driver or passenger wasn't wearing a helmet, it leaves the door open for the opposing party's insurance company or defense attorney to claim that the victim was partially responsible for his own injuries.
Were You Injured in a Motorcycle Accident?
If you were hurt in a motorcycle accident caused by another person or entity's negligence, you may be entitled to compensation for medical expenses, lost wages, loss of earning capacity, pain and suffering, and other damage. Even if you weren't wearing a helmet at the time of the accident, an experienced personal injury trial lawyer can assert arguments to overcome some of the comparative negligence claims raised by the defense.
The seasoned personal injury attorneys at the Inland Empire Law Group have extensive experience helping injured motorcyclists secure the compensation they need and deserve after an accident. If you have questions about your motorcycle accident case, contact us today at (909) 481-0100 or (888) 694-3529 to schedule an appointment for a free, no-obligation initial consultation. We're happy to help you better understand your legal rights, options and rights to compensation.
When are punitive damages appropriate in a car accident case?
Many different variables come into play in determining whether a car collision might give rise to an award of punitive damages. Simple negligence is not sufficient to create a factual scenario for awarding punitive damages. Even reckless conduct or driving drunk may not lead to an award of punitive damages. But if you add to the mix circumstances which show a willful disregard for the safety of others, or evidence which shows a pattern of serious misconduct, the case might warrant the possibility of punitive damages.
What Is the Difference Between Compensatory and Punitive Damages?
Compensatory damages are those which are intended to reimburse the victim for specific losses he has suffered, such as lost wages, medical expenses and pain and suffering damages. Punitive damages are those which are intended as punishment for the defendant and his conduct. Punitive damages are also referred to as exemplary damages.
When Can Punitive Damages Be Awarded?
The circumstances for awarding punitive damages in a car crash claim has to arise above a mere accident. For punitive damages to be applicable, there must be severe forms of misconduct. For example:
- Two drivers are engaged in a game of chicken. The two drivers are competing to see who will swerve first, but the driver who swerves loses control and strikes a nearby motorist.
- A drunk driver on his second or third DUI blows more than double the legal limit. He is picked up after striking a pedestrian walking through a residential area.
- A driver who is accidentally cut off by another motorist experiences an episode of road rage. His speeding and carelessness results in multiple injuries, including victims left with lifelong disabilities—such a traumatic brain injury (TBI) or paralysis.
California Civil Code Section 3294 states: “In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.” Key terms are defined as follows:
- Malice means conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard for the rights or safety of others.
- Oppression means despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of that person’s rights.
How Are Punitive Damages Determined?
Some states place a cap on punitive damages in personal injury settlements, but California does not. The law only states punitive damages must be proportionate to your compensatory damages. This means that cases involving serious and permanently disabling injuries may be eligible for the highest punitive damages.
While not the deciding factor, state law also requires that the defendant's financial situation be taken into consideration when deciding the dollar amount of the damages to be awarded. Since the purpose of punitive damages is to deter future bad behavior, a wealthy defendant with ample resources can be expected to pay a higher punitive damage award than someone who is living paycheck to paycheck. A large punitive damage claim can provide the deterrent impact on a wealthy person or company while a smaller award might accomplish the same purpose on a person of lesser financial means.
It should be noted that insurance policies do not cover awards for punitive damages. This means if you have a punitive damage claim you are going to pursue you need to make sure the target of the claim has ample funds to pay an award of punitive damages.
How Can an Attorney Help Me Prepare My Case?
Since cases involving punitive damages involve complex factual and legal issues, it is vital that you have an experienced personal injury attorney available to advocate for your needs. Your attorney can help you line up evidence, document expenses, and negotiate with the insurance company or others on your behalf. This leaves you free to focus on recovering from your injuries to the fullest extent possible. Personal injury attorneys work on a contingency fee basis, which means there is no upfront cost for your legal representation. The attorney accepts a percentage of your final settlement as the fee for his services. If the attorney is unsuccessful in a contingency claim, then he does not get paid for his work.
Inland Empire Law Group's legal team is committed to helping injured California residents receive the personal injury compensation deserve. Call (888) 694-3529 today to schedule a free, no-obligation consultation.
How will self-employment affect my personal injury case?
Recovery for lost wages can be a significant portion of any serious personal injury claim. However, receiving a fair settlement becomes more complicated when you are self-employed and your income fluctuates or is based on more than your own efforts.
Someone who is self-employed works for himself instead of being an employee of another business. The self-employed are typically either owners of unincorporated small businesses or work as independent contractors.
Self-employment encompasses a wide range of professions and industries. Salespeople, real estate agents, writers, artists, musicians, accountants, mechanics, doctors, and software developers are just a few of the many different types of self-employed people you will find working across the United States. People who are contractors in the gig economy working for services such as Uber or Fiverr are also considered self-employed, even if they only work through one service provider.
Types of Compensation
In a personal injury claim for injuries that are the result of another party's negligence, you are entitled to compensation for medical expenses, pain and suffering, and lost wages. As a self-employed person, your lost wages include:
- Lost income
- Loss of future earning capacity
- Lost business opportunities
- Lost goodwill or damage to your professional reputation
- Lost profits that can no longer be invested back into your business
If you were forced to hire someone to provide essential business services while you were recovering from your injuries, this person's wages could be included in your request for compensation. If applicable, overtime pay for existing employees who were required to take on additional duties in your absence can also be included.
Documentation is absolutely vital to proving how much income your business generates. Supporting documents your attorney might ask for include:
- Income tax returns
- Bank statements
- Work orders
- Profit and loss statements
- Forms 1099-MISC
- Deposit information for cash and credit sales
- Payroll records
If you have been self-employed for several years, these documents will probably be fairly easy to provide. However, if you are newly self-employed or your income has recently changed dramatically, you may need to think outside the box to provide the appropriate proof. For example, attorneys sometimes recommend submitting letters from clients you have been working with or those who have agreed to have you perform work in the future. This avenue may be necessary if you have no other way to prove what your normal income.
Having an economic loss expert testify on your behalf is another way to support your claim for damages. An economic loss expert can assess your earning potential given your education, past experience, and the local market for your services. He can also help to provide insight into how your injuries will affect your ability to support yourself in the future.
How an Attorney Can Help
Due to the challenges associated with accurately estimating self-employment income, having an attorney to advocate for your needs throughout the settlement process is in your best interests. Your attorney will be able to assess the value of your case, help you properly document your income, and negotiate with the insurance company on your behalf.
It is a common misconception that legal representation is unaffordable when you do not have a steady income, but personal injury attorneys accept cases on a contingency fee basis. This means you owe no money upfront and will pay a percentage of your settlement to your attorney as the fee for representation. With this arrangement, you can rest easy knowing that your attorney is committed to helping you protect your right to compensation.
The attorneys at Inland Empire Law Group are dedicated to helping California residents receive the personal injury compensation they need to move forward with their lives. Call today to schedule a free, no-obligation consultation at our Rancho Cucamonga or Victorville offices.
What is a release of claims?
A release of claims is the document the insurance company or a defendant requires to be signed in order for payment to be made to settle the accident-related injuries. The release of claims details the compensation you will receive for your medical expenses, lost wages, and pain and suffering in exchange for a release from any further claims.
Should You Sign?
If you are offered a release of claims a few weeks after your car accident, do not sign the document without careful consideration. Insurance companies are typically eager to settle claims early before you realize the extent of your injuries, so signing too soon may be a big mistake.
If you sign a release of claim, then seek the advice of counsel because you continue to hurt, the lawyer cannot reverse the effect of the release. Even if you do not intend to pursue a claim, you should consider consulting with an attorney to determine if signing a release is in your best interest.
The primary reason that attorneys caution against signing a release of claims too early in the process is that the severity of car accident injuries can be hard to predict. An injury that first seems to be a minor inconvenience may turn out to be much more serious. For example:
- Whiplash. Although most people with whiplash do make a full recovery, others are left with chronic pain that requires therapy, medication, and time off work well into the future.
- Concussion. A mild traumatic brain injury that happens after a blow to the head, a concussion can sometimes lead to a complex disorder called post-concussion syndrome. This condition causes symptoms such as chronic headaches, dizziness, and cognitive difficulties.
- Back pain. Don't assume that a backache will get better over time. Back pain after a car accident may be caused by damage to muscles and ligaments or a herniated disc. This can lead to chronic pain.
- Injuries to children. Since young children lack the communication skills necessary to fully articulate their symptoms, it is easy to underestimate a child's needs. Children may require treatment for post-traumatic stress disorder (PTSD) after a car accident which shows up later.
Another factor to consider when deciding if a settlement is appropriate is that pain and suffering compensation is often undervalued in the early stages of a claim. Pain and suffering damages are intended to reimburse you for the physical pain as well as the emotional trauma of the accident. Pain and suffering damages develop over time so and early settlement may not properly capture all these damages.
Maximum Medical Improvement and Your Settlement Offer
Regardless of the extent of your injuries, it is recommended that you refrain from settling your case until you have reached maximum medical improvement (MMI). This is a term that indicates you have either fully recovered from your injuries or have stabilized your condition to the extent that it is possible for experts to accurately estimate what your future medical needs and future pain will be. Your doctor can explain when MMI is likely to occur for your injuries.
How a Personal Injury Attorney Can Help
A personal injury attorney offers several valuable services to resolve your car accident claim. For example:
- Assess the value of your case. While it is impossible to guarantee a specific outcome, a skilled personal injury attorney can assess the value of your case based on past experience with similar types of injuries.
- Document your expenses. To receive reimbursement for your damages, you need to have all of the proper documentation. It is easy to overlook required documents when you are distracted by your recovery, but an attorney will know exactly what's needed.
- Line up relevant expert testimony. If your case involves anticipated future medical expenses or loss of future earning potential, expert testimony will be crucial in establishing damages. Your attorney can locate the most qualified experts to testify on your behalf.
- Negotiate with the insurance company. The insurance company's goal is to make a profit, not to fairly compensate you for your injuries. Having someone advocate for your needs is critical.
Inland Empire Law Group's legal team is committed to help compensate California residents who have been injured due to the negligence of others. Our legal team wants to help you move forward with your lives. Call today to schedule a free, no-obligation consultation at our Rancho Cucamonga or Victorville office. Call now at (909) 481-0100 and see the difference between our office and other lawyers in Southern California.
Can I still sue for damages if I cannot remember the accident?
It is common for people who are injured in serious car accidents not to remember the incident clearly. However, not remembering the accident does not necessarily mean that you are not entitled to seek compensation for your accident-related expenses.
Reasons for Memory Lapses
Common reasons for memory loss related to a car accident include:
- Traumatic brain injury. A severe brain injury can leave the victim unable to function independently, but even a concussion can create gaps in memory.
- Emotional trauma. In an accident where someone was severely hurt or died, the mind can shut down to avoid dealing with the emotional trauma. Memories may return at a later date, but may only be in brief flashbacks.
- Substance abuse. Someone who was impaired by drugs or alcohol may not remember the accident due to their substance abuse.
- Previous cognitive impairment. In cases involving accidents caused by older drivers with signs of Alzheimer's or dementia, a pre-existing condition may be the reason they cannot recall the details of the crash.
Types of Evidence Used in a Car Accident Claim
If you cannot remember the details of the accident that caused your injuries, you will want to consider using the following evidence to help establish fault:
- Police reports. The police report is not normally admissible in court, but can play a significant role in settlement negotiations if it shows that the other driver is clearly at fault. Reports can also provide contact information for witnesses and details that may help to fill in some of the gaps in your memory.
- Eyewitness testimony. Witnesses may include other vehicle occupants, nearby drivers, or pedestrians who happened to be in the area when the event occurred.
- Black box data. A vehicle's black box can contain data on variables such as speed, acceleration, steering, braking, airbag deployment, and seat belt use.
- Surveillance video. Live traffic cameras or security systems from a nearby business may have caught the accident on tape.
- Photos. Witnesses, law enforcement, or members of the media may have taken photos of the accident scene.
- Vehicle damage reports. Certain types of car accidents leave well-defined patterns of vehicle damage, which means damage can be used to indicate fault. For example, in a rear-end collision, the driver who hits another car from behind is almost always at fault. If the back of one car and the front of the other car are the only damaged areas, this provides a strong indication of what happened.
- Accident reconstruction experts. These professionals use their background in physics and vehicle dynamics to interpret available data, including photos, event timelines, vehicle damage, and testimony.
How Comparative Negligence Laws Affect Your Claim
If the evidence suggests you were partially at fault for the accident, you can still collect compensation. However, California's pure comparative negligence laws requires that your settlement be reduced by your assigned percentage of fault. This means that if you were 30 percent responsible for the accident, you'd only receive 70 percent of the settlement you would otherwise be entitled to. A good personal injury attorney can help minimize the amount of fault attributed to your negligence. If the parties cannot agree on the percentage of fault, a judge or jury who tries the case will be required to assign percentages of fault.
Protecting Your Right to Compensation by Hiring an Attorney
A personal injury claim can seek compensation for:
- Medical expenses such as emergency care, diagnostic tests, surgery, hospital stays, and medication
- Anticipated future medical costs for an accident-related disability
- Lost wages during the recovery period
- Applicable loss of future earning potential
- Pain and suffering
If you have recently been injured in an accident that you cannot accurately remember, retaining the services of an experienced personal injury attorney is the best way to protect your right to compensation. Your attorney can help you line up evidence to assess fault, document expenses, and negotiate with the insurance company on your behalf.
Personal injury attorneys accept cases on a contingency basis, which means the attorney will ask for a percentage of the settlement in exchange for representation. This means you do not need to pay any money upfront for a retainer or come up with out-of-pocket funds while you are still dealing with the effects of your injuries.
Call today to schedule a free, no-obligation consultation with Inland Empire Law Group's legal team at 888.694.3529. Appointments are available in our Rancho Cucamonga and Victorville offices.
How will unemployment affect my personal injury case?
Wage loss can make up a substantial portion of a personal injury claim if the injuries are so severe that they would limit a person’s ability to work. So unemployment can have a significant effect on your case. However, being unemployed does not necessarily mean that you are not entitled to compensation for the wages which could have been earned, but for the injuries suffered.
How Receiving Unemployment Benefits Affects a Personal Injury Claim
If you are currently receiving unemployment benefits, this will likely reduce the value of your personal injury claim. You cannot argue that your injuries have caused immediate wage loss if you were not working at the time of the injury causing accident. However, if your injuries have affected your future earning potential, this can and should be taken into consideration when negotiating a settlement.
Examples of possible car accident injuries that might affect your ability to find future employment include:
- Traumatic brain injury (TBI)
- Back injury
- Spinal cord injury
- Nerve damage
- Visual impairment
- Hearing loss
- Internal organ damage
In the situation where you were not employed at the time of the collision, but you were looking to return to the workforce, your attorney will use expert testimony to establish how your injuries have limited your ability to find suitable work. Testimony will focus on the nature of your injuries as well as your past work history, education, experience, and the conditions of the local labor market.
In any personal injury claim involving unemployment, the length of time in which you have been out of work will play an important role. If you have only been unemployed for a short time, and that unemployment event was not of your choosing, such as a layoff, it will be easier to make the link your injuries to how they have negatively affected your future job prospects. However, if you have been unemployed for six months or longer, the defense may argue that other factors are playing a more important role in your inability to find suitable work. These challenges are to be evaluated in assessing the value of any personal injury claim.
Individuals Who Are Not in the Labor Force
If you were unemployed, but not receiving unemployment benefits or actively looking for work, you may be classified as being out of the labor force. In this case, you are not entitled to lost wages or compensation for lost earning potential because your injuries are not the reason for your lack of employment. For example, someone who has been retired and drawing a pension for the past decade would not have lost wages or lost future earning potential due to injuries. The settlement value would be based solely on medical expenses, pain and suffering and possibly other damages.
Special Concerns for Stay at Home Parents or Caregivers
If you are currently at a stay at home parent, your lost wages can be calculated based on the economic value of the household services you provide. This includes:
- Caring for young children
- Transporting children to and from school or other extracurricular activities
- Cooking meals
- Grocery shopping
- Cleaning and performing general household maintenance
- Paying bills and managing the family finances
If you have had to hire a housekeeper or nanny due to your injuries, this cost can be included in your damages. If your spouse has been forced to cut back on his work hours due to increased responsibilities at home, this can also be taken into account.
Similar considerations would apply if you are the full-time caretaker for an elderly parent or a disabled spouse.
Special Concerns for Self-Employed Individuals
If you were working as a freelancer, independent contractor, or sole proprietor at the time of your accident, your claim for lost wages is typically based on your previous earnings. However, if your business venture is relatively new, you will need to provide an alternative way to document lost earnings or loss of future earnings. This might include copies of invoices, contracts, correspondence, and bank statements. Expert testimony can also be used to assess the value of your business and lost future opportunities that have occurred due to your injuries.
How Inland Empire Law Group Can Help
Car accident injuries can result in a significant financial burden. When your injuries are caused by another party's negligence, you need an experienced personal injury attorney in your corner to advocate for your right to compensation. Calculating loss of earnings and its correlation to the injuries caused by the negligence of another, requires the skill of competent legal counsel.
The legal team at Inland Empire Law Group is dedicated to helping Southern California residents who have been injured due to the negligence of others receive the personal injury compensation they need to move forward with their lives. Contact us today to schedule a free, no-obligation consultation at our Rancho Cucamonga or Victorville offices.
What are medical liens?
Some doctors and hospitals will provide medical services on a lien basis. This means that they provide the medical services for an injured patient, yet they wait for payment until after a personal injury suit is settled. The debt remains an obligation of the patient, however, the medical providers asserts a lien against any financial recovery by the injured patient. Knowing the amount of the medical lien will be important to determine whether a settlement offer is adequate for your needs, including the payment of any medical liens.
About Medical Liens
Medical lien are contractual agreements between the doctor, the patient and the attorney, to have the medical provider provide medical service in advance of payment. The doctor, patient and lawyer all agree to provide the doctor payment from any settlement or judgment prior to the patient receiving any funds from a settlement. This allows the patient to get the necessary medical care without having to worry about paying for the services during the recovery process. Ultimately, if there is no recovery, the patient remains responsible for the payment of the charges. Other types of medical liens involve a health insurance provider seeking reimbursement for previously paid medical bills. The health insurer often has contractual language which requires the insured person to repay any financial advances made by the health insurance company. Finally, there are some liens imposed by law for emergency medical services rendered to an injury victim or liens to protect government healthcare payments.
Generally, there are two categories of liens, statutory liens and contractual liens. Statutory liens are imposed by law, while contractual liens are agreements between patients and doctors. Statutory liens are imposed to government and hospital interests.
Contractual liens are those which exist due to the terms of a specific contract between two parties. Most medical liens fall into this category based on one of the following:
- Health insurance: The majority of health insurance providers have clauses in their agreements that require you to repay any health insurance benefits later recovered from a third party in a personal injury settlement.
- Medical payments from your own auto insurance carrier: If your car insurance covers medical expenses related to your accident and another driver is later found to be at fault, you may have to repay some or all of the benefits after receiving a settlement.
- Agreements to treat: When someone is injured in a car accident and does not have medical insurance, providers will sometimes agree to treat on a lien basis. In this case, the doctor or care provider is agreeing to provide immediate treatment with no pay until a settlement is received.
Negotiating a Medical Lien
Although it may seem like a lien would require you to pay back every dollar of medical care you received, this is not necessarily the case. Lien amounts can often be negotiated, depending upon the terms of the contract. In many cases, an experienced personal injury attorney can convince a lienholder to accept less than the full amount for repayment.
Negotiating a lien is often effective because the lienholder's financial interests are in line with the injured patient. If you go to trial and lose, the lienholder receives nothing. Therefore, they are often likely to accept less than what is fully owed as an incentive to resolve your personal injury claim out of court.
When your attorney negotiates a lien on your behalf, it is common to consider how the cost of attorney's fees factor into the settlement. Since personal injury cases are accepted on a contingency fee basis, your attorney receives no payment for his services until a settlement is received. Then, a percentage of the award is provided as reimbursement for representation. As such, lienholders are often willing to accept responsibility for a prorated share of the legal costs associated with your case.
Penalties for Ignoring the Law on Personal Injury Claims
You are legally required to report any personal injury claims that are pending to Medicare, Medi-Cal, or the health insurance which is paying for your medical treatment. Additionally, sophisticated computer software is used to flag records of injuries that could indicate an accident where someone else may be liable for payment—such as whiplash or broken bones. When this happens, you will receive a form asking for more information about who may be responsible for your injuries.
If you do not report your pending personal injury claim to the appropriate party, you risk jeopardizing your eligibility for future benefits. You could also be sued to recover the amount of the lien plus additional penalties.
How Inland Empire Law Group Can Help
In any personal injury case, the best way to protect your right to compensation for medical expenses, lost wages, and pain and suffering is to obtain experienced legal representation. Your attorney can assess the value of your case, gather evidence, negotiate with insurance companies, and help to resolve any outstanding liens to ensure that the final settlement you receive is adequate for your needs.
To learn more, call to schedule a free, no-obligation consultation with the dedicated attorneys at Inland Empire Law Group. Appointments are available at our Rancho Cucamonga and Victorville offices.
What is a vehicle data recorder?
Most newer cars are equipped with a vehicle data recorder, also known as an event data recorder or black box. The device monitors the vehicle and stores information about accidents and other information. This information can be used to uncover information about the cause of an auto accident. In most vehicles, the black box is found in the powertrain control module or the airbag control module.
Types of Information Preserved in the Vehicle Data Recorder
Black boxes have been used in vehicles since 1994, but did not become widespread until the mid-2000s. They only work when the vehicle is turned on, so they will not provide any information when there is no battery power.
Black boxes record a wide range of information that can be useful in the event of an accident.
- Steering angles
- Throttle position
- Force of impact
- Vehicle roll angle
- Use of ABS
- If electronic stability control was on or off
- How many crash events occurred
- Airbag deployment times
- Seatbelt use
- How far forward the driver's seat was positioned
- Size of seat occupants
There is no one standard type of black box. This means that the length of time data is preserved from a crash varies according to make and model. Most black boxes record around 20 seconds of data before a crash, but some can record as few as 2.5 seconds of information.
Data Access and Potential Privacy Concerns
You can find out if your vehicle has a black box by referring to your owner's manual. However, there is no easy way to turn off the black box or opt out of having your data recorded. This has led to many complaints from activists who believe that the use of black boxes constitutes an invasion of privacy and those who believe black box data may be vulnerable to hackers.
California law views black box data as the property of the vehicle owner. In most cases, it can only be accessed with your consent or a court order. However, it is also permissible to access data to perform vehicle safety research and to diagnose, service, or repair the vehicle. This information may also be accessed in a civil suit with a subpoena or through discovery.
There are products that can lock your vehicle's diagnostics port, such as AutoCYB, OBD Lock, and OBD Saver. This means that nobody can plug in the tools needed to access black box data without your permission. However, you are still required to turn over your data if presented with a court order or subpoena.
Using Black Box Data as Evidence in Your Personal Injury Claim
Black box data can be used in an auto accident personal injury claim to establish fault. The data could theoretically be used in any type of case, but is most useful when the accident involves a fatality, parties who don't remember the crash, or contradictory testimony from the drivers involved. Black box data can also be used to corroborate claims of certain types of injuries, such as whiplash from rapid acceleration and deceleration. In product liability cases, such as those involving the widely publicized defective GM ignition switches or the Toyota unintended acceleration crashes, black box data may offer proof of manufacturer negligence.
If you want to use black box data as evidence, you must act quickly. The devices will only keep data for about one month before they start to record over the information. Contact an experienced personal injury attorney to begin the process of accessing and interpreting the black box data from your own vehicle or the other driver's vehicle.
To protect the integrity of the data, your attorney will want to:
- Get a preservation of evidence order.
- Invite all parties to attend the download process.
- Prepare a download protocol and get the consent of all parties involved.
- Videotape the download process.
- Photograph key stages and readouts from the computer.
The legal team at Empire Law Group is dedicated to helping California residents receive personal injury compensation for medical expenses, lost wages, and pain and suffering following an auto accident. Contact us today to schedule a free, no-obligation initial consultation at either our Victorville or Rancho Cucamonga office.