How Car Accident Claims Work in California

California law requires that drivers involved in collisions immediately stop their vehicles. Fleeing the scene is a criminal offense, and those charged could face time behind bars. What do you do if you were hit by a motorist who fled the scene? At the Law Office of Brian P. Azemika, we have negotiated many settlements for hit-and-run victims, and we know what steps can strengthen your legal claim. Below, our car accident lawyer provides his best tips. At The Scene You should remember to do the following: Immediately stop your car. You can’t flee the scene at the same time as the other driver, otherwise, you have also committed a crime. Identify as much of the license plate as possible. Try to get even one number or letter. Anything helps with identifying the vehicle that struck you. Remember other key details. You can share with the police information about the car’s make and model, as well as its color. If you saw the driver, also note the likely gender, as well as hair color, glasses, etc. Call the police. You should report the accident to the police. Share any details you have about the car or license plate number. Speak to witnesses. They can prove critical later. Many insurance companies wrongly believe hit-and-run victims crashed their own vehicles. Witnesses can help establish that another motorist really did hit you. Document physical evidence. A car that slams into yours might leave pieces behind. Look for pieces of glass or plastic. Also, there should be paint smears on your own car, which will help us identify the color of the vehicle. After the Accident A key consideration is whether you can receive any compensation for a hit and run. The answer depends on the type of insurance you have. If the police catch the driver, we can sue them or make a claim on their insurance. Otherwise, you might be left with seeking compensation from the following insurance: Medical payments. This is optional insurance in California. It pays for medical treatment for any car-related injuries, regardless of fault for the crash. Collision coverage. This insurance pays to fix your car up to the policy limit. It’s optional, but most car lenders require that you get it so long as you have a car loan. This is also no-fault insurance. Uninsured motorist coverage. This insurance covers accidents where the driver who struck you lacked liability coverage. It is optional insurance, but you can use it for a hit-and-run to pay compensation for bodily injuries. An insurer must offer this coverage when they sell you a liability policy. Unlike med-pay and collision, this insurance is fault-based. Remember to hang onto medical bills and any car repair bills. You will need to submit these to your insurers. Call Our Car Accident Lawyer in Sacramento This is a key step. Many motorists find that their insurer is not eager to pay for a hit-and-run crash. We might need to negotiate with them to get them to cut a check. Please call our law firm today to speak with a lawyer.

Bicycles and cars collide all the time, especially at intersections. It is tempting to always blame the motorists because they are driving a large vehicle that can cause serious injuries. However, under California law, we need to determine who was negligent, if anybody. Negligence is the failure to use reasonable care under the circumstances and can include violating the rules of the road. Depending on the facts, either the car driver or the bicyclist could be at fault for the collision. Or they could share the blame. Who Was Negligent? One misconception is that the person who hit the other is always at fault. So if a car struck a bicycle, some people will claim the driver “must” be at fault. That’s simply not the case, however. Instead, we need to closely examine what the driver and cyclist did in the moments leading up to the crash. A person is at fault for the crash if they did not use reasonable care. Did either one: Run a red light Fail to yield Cut the other off Go too fast for conditions These are all negligent acts. If a motorist runs a red light and cuts off a cyclist, leading to a crash, then the driver is at fault for failing to drive carefully. It doesn’t matter if the cyclist crashes into the car. Other examples of negligence include being fatigued or intoxicated or else distracted by a cell phone. An impaired driver will probably not control their vehicle in a safe manner. Other collisions happen because someone Is not watching where they are going, instead choosing to read a text message. This is true of both motorists and cyclists. Both Sides Can Share Fault California law recognizes that both sides are negligent in many accidents. That means both share fault for the crash. For example, a motorist might have cut off a cyclist, but the cyclist was distracted because she was looking at her phone. California’s law is a “pure” comparative fault system. You can be up to 99% responsible and still seek compensation so long as the other party is at least 1% to blame. In other states, victims are prohibited from suing if they are 50% to blame or greater. But that’s not the law in California. If you go to trial, a jury will apportion fault based on the testimony and physical evidence. However, most cases settle, which means that lawyers and insurance adjusters hammer out how to allocate fault. At our law firm, we always strive to learn as much about the accident as possible to minimize our client’s share of the blame. Call Our Personal Injury Lawyer Today The Law Office of Brian P. Azemika has handled many collisions involving cars and cyclists. Our car accident lawyer will review the facts to determine whether you can legally seek compensation for any injuries suffered in a collision. Please call our law firm today to schedule a consultation with our legal team. There is no risk or cost for doing so.

By one estimate, California has 950,000 registered motorcycles, so a collision between a car driver and a motorcycle is not unusual on our roads. But what is the settlement process like when one of the vehicles involved in a crash is a motorcycle? The answer is: not much different than if two cars had collided. At the Law Office of Brian P. Azemika, our car accident lawyer can explain the settlement process and answer any questions accident victims have. In most cases, we make claims on the at-fault motorist’s liability policy, and we will gladly take a look at the facts of your case to determine your rights. Motorcyclists Are Subject to California’s Financial Responsibility Law In California, you cannot register your car unless you can show financial responsibility. The easiest way to do this is to buy minimum liability coverage. As of 2023, the minimum coverage is: $15,000 per person for bodily injuries $30,000 per accident for bodily injuries to two or more people $5,000 for property damage Liability coverage kicks in when you are at fault for an accident. Anyone you end up hurting can make a claim on your policy for damages involving medical care, lost wages or income, and pain and suffering. If you were riding in a car when it was hit by a motorcycle, you can make a claim with the motorcyclist’s insurer. Similarly, any motorcyclist hurt by a negligent car driver can make a claim on the driver’s insurance. Put simply, the process for receiving compensation is not that different when a motorcycle is involved. Because California is a fault state, your attorney will spend considerable time analyzing all surrounding circumstances to determine who is to blame. How Motorcycle Collisions Differ Having said that, there are some unique wrinkles when motorcycles are involved in accidents. For one, motorcyclists tend to suffer much more severe injuries. This is understandable. There is no steel cage around the motorcycle offering protection. A biker can suffer a direct blow to the body or be catapulted off their bike. Injuries are gruesome: pelvic fractures, back injuries, head injuries, and road rash are some of the most common. Because injuries are serious, accident victims often seek larger sums of money to pay for their medical care and other out-of-pocket expenses. Serious injuries like concussions and spinal column damage warrant much more in pain and suffering. Consequently, a negotiated settlement could become harder to achieve because so much money is in play. Motorcyclists might also stand accused of driving negligently. Some insurance adjusters are prejudiced against bikers, wrongly believing that you take unnecessary risks out on the road. As a result, it is often harder to disprove comparative negligence. Call Our Car Accident Attorney We have helped many people injured while riding a motorcycle or in a car crash. Our law firm will provide a free case evaluation to help you better understand your legal options, including what will qualify as a fair and reasonable settlement. Call our firm today.

Wrongful death lawsuits compensate certain family members for losses they suffered after a loved one’s accidental death. But how much can you receive? And what losses qualify for monetary compensation? Our wrongful death attorney looks at the most common damages for accidental death claims. Lost Financial Contributions Losing a family member carries financial burdens. For example, your spouse might have been the primary breadwinner in the family. His death at age 40 deprives his wife of several decades of income. She can seek an amount of damages to compensate for this financial loss. Factors that go into this calculation include: Your loved one’s age His or her education Job history Earning history and potential Any medical conditions which would have shortened your loved one’s natural life Lost Household Services Our family members do more than contribute income. They often provide services to their spouses and children, such as: Cleaning Grocery shopping Cooking Childcare Elder care Transportation House maintenance For example, your wife might have done all the domestic chores and transported children while you worked. After her unfortunate passing, you will need to hire someone else to perform these services. In many cases, you can request compensation for the present value of those services. Lost Gifts or Benefits Family members often receive benefits like health insurance or life insurance, as well as possible gifts left in a will. You can request compensation to make up for these losses. Burial and funeral Expenses The average cost of a burial in California is a little over $7,000 for 2023. You can request compensation for reasonable expenses related to funeral and burial. Loss of Love, Support, Assistance, and Protection Our close family members provide invaluable support to us. A parent’s love, protection, guidance, and education are priceless. The same is true of companionship offered by a spouse or domestic partner. Although money can never make up for these losses, you can nonetheless request compensation for them. However, there is no standard market value for these types of non-economic losses. The Law Office of Brian P. Azemika has experience requesting reasonable amounts based on our firm’s experience with accidental death claims. Loss of Training and Guidance Children require the assistance of their parents. These non-economic losses are similar to those listed above. Loss of Sexual Relations A spouse can seek monetary compensation for the loss of sexual relations enjoyed with their spouse. Again, it is difficult to put a price tag on this type of loss, but our law firm will fight for the maximum amount allowable under the facts. What You Can’t Receive Compensation For Interestingly, California prohibits receiving money for your own grief or pain. That makes little sense, especially since the state lets you get money for loss of guidance, love, and training. The grief a spouse feels when her husband is accidentally killed directly flows from the defendant’s actions. We think it makes sense to let victims sue for their grief, but that’s not the law in California. Speak with Our Wrongful Death Lawyer Our lawyer offers compassionate legal representation to those in trying circumstances. Contact us to find out more.

Swimming pools help Californians beat the heat, but thousands of people are also injured in swimming pool accidents each year. At the Law Office of Brian P. Azemika, we help injured victims and their families seek compensation when a swimming pool defect or hazard has injured them. Call our law firm as soon as possible for assistance. Common Swimming Pool Accidents People can be injured in and around the swimming pool in the following ways: Slip and fall. A person can slip on loose tile or debris around the swimming pool and either fall in the pool or land on the ground. Jumping or diving accidents. A person could be injured when they jump or dive into the pool. For example, they could strike the bottom if they dive into the shallow end. Or they could hit someone else in the pool. Chemical accidents. Too much chlorine or other chemicals can result in skin irritation or breathing problems. An average of 4,500 people end up in the emergency room due to these chemicals. Pool defects. A ladder or diving board could collapse and injure someone. This type of defect often stems from improper design or poor materials used in the manufacture of the item. Drowning. A person could drown for many reasons. Maybe they don’t know how to swim, or a limb could get caught in a vent. Some people almost drown, and these “near drowning” accidents are also serious. Swimming Pool Injuries Many adults and children suffer serious injuries in a swimming pool, such as: Concussions Abrasions Fractures Chemical burns Facial injuries Neck fracture Spinal column injury Anoxic brain injury Many of these injuries are the result of trauma. For example, someone who slips and falls could hit their head on the side of the pool or on a piece of furniture. But near-drowning accidents often cause “anoxic” injuries, meaning they are caused by a lack of oxygen. Brain tissue will begin to die after a few minutes of oxygen deprivation, and those who survive often struggle with permanent disabilities. Compensation for Swimming Pool Accidents & Injuries Our legal team can help you identify the cause of your accident and seek compensation in a lawsuit. For example, you might sue: The property owner for failing to keep the pool safe. Accidents involving slip and falls, chemical injuries, or diving injuries could stem from owner negligence. A pool owner should make sure tiles are secure and repair anything they find wrong with the pool. A business that owns the pool. You might have been injured in a pool owned by the YMCA or a hotel/motel. They might have failed to keep the pool maintained, or they do not have sufficient lifeguards on duty. A manufacturer. If a pool or slide was defective, you might sue the manufacturer for selling dangerous items. Call Us to Learn More Brian P. Azemika is an experienced lawyer who can help anyone who was injured by a pool. Call our firm today to schedule a free consultation.

California is a popular destination for large trucks like tractor-trailers, which haul goods. Trucks originate from every other state in the union; some even come from Mexico. As California motorists, we must be careful of any large vehicle on the road regardless of where it came from. According to the Department of Transportation, California saw the following truck accidents and injuries in 2022: 13,570 crashes involving 14,616 trucks 481 fatalities 5,500 injuries Unfortunately, the Department does not break down which trucking company was involved in most of the accidents. Still, most large trucking companies come into California and are undoubtedly interested in many collisions. United Parcel Service (UPS) It’s no surprise that UPS experiences a high number of accidents. They are one of the country’s most famous shipping and receiving companies. The Federal Motor Carrier Safety Administration regularly updates crash statistics for the largest trucking companies, and from June 2021 to June 2023, UPS experienced the following: 2871 total crashes 1003 injury crashes 66 fatal accidents That works out to 5 fatal accidents every single month. Almost 100 people are injured every month in a collision with a UPS truck. We don’t know how many of these accidents happened in California. But since we see UPS “box trucks” all over the place making deliveries, many of them probably occurred in the Golden State. Federal Express Like UPS, FedEx is a popular shipping and receiving company with a significant presence in California. According to the most up-to-date statistics, FedEx has had the following accidents and injuries over the past two years: 817 total crashes 230 injury crashes 31 fatal accidents These numbers might be a little low since FedEx has multiple companies all reporting individual crash statistics under different names. We estimate that they are involved in more than 1,000 collisions a year. Swift Transportation Swift Transportation is one of the most popular trucking companies in the United States. Headquartered in Phoenix, Arizona, their rigs are regularly on California highways. Swift Transportation has reported many accidents in the most recent two-year period: 992 total accidents 288 injury accidents 36 fatal accidents Werner Enterprises This trucking company is headquartered in Nebraska and runs its fleet all over the U.S. Over the past two years, they have reported: 904 total accidents 261 injury crashes 23 fatal crashes California Truck Accident Victims Have Rights Please call the Law Office of Brian P. Azemika today, regardless of which truck struck you. You can seek compensation from a truck driver and their employer. These companies have insurance, a prerequisite to haul into California. Whether you were hit by a big rig on the highway or clipped by a box truck downtown, you can seek compensation for your injuries. Call our law firm for more information about what steps to take following an accident. We can negotiate with a truck company and its insurer for favorable compensation. Call to schedule a case evaluation.

Dog attacks leave victims with puncture wounds, infections, and other serious injuries. Under California law, victims have the right to seek compensation. But who is responsible for the attack? Generally, the owner is liable in most cases, but you might sue other parties for not handling the dog properly. Our dog bite lawyer explains this in greater depth. When Owners Are to Blame The dog’s owner is usually responsible for an attack. This is certainly true if you are bitten on the owner’s property. For example, you might visit your neighbor, whereupon their dog bites you in the arm. The owner is liable under California’s dog bite statute for this injury, so long as you weren’t trespassing. The owner is also responsible if you are bitten in public. A dog might wander away from home and bite people in the park or on the sidewalk. Under the state’s dog bite statute, Civil Code § 3342 , you can sue the owner if you are bitten in a public place, regardless of whether the dog had a history of attacking people. Owners are also responsible for non-bite injuries when they are negligent in how they have handled or restrained their dogs. An owner must use reasonable care when restraining their animals. What’s reasonable will depend on the circumstances. But failing to follow a dog safety law, like a leash law, would certainly qualify. That means you could sue if a big dog rushed up to you in a park and jumped on your chest, knocking you backward. When Other People Are Responsible for an Attack In some situations, a non-owner is responsible for a dog attack. Because the dog bite statute only applies to owners, you would need to use negligence to hold non-owners responsible, for either bite or non-bite injuries. Here are some examples: A kennel could allow a dog to escape because they were careless in watching it, or their kennel was falling into disrepair, allowing the animal to escape. The dog then attacks or bites someone. A dog walker could be responsible for failing to restrain the dog properly while out on a walk, which allows the dog to lunge at someone. A landlord could be responsible if they voluntarily agreed to harbor the dog and feed it, or if they failed to restrain the animal because they let a fence fall down. Generally, it’s much harder to sue a non-owner. Still, it’s possible when they fail to exercise reasonable care to protect foreseeable victims. A Victims’ Comparative Negligence Comparative negligence applies in dog bite cases, even those under the strict liability dog bite statute. A victim’s own negligent or intentional behavior can limit the amount of compensation they receive. In some cases—where the victim is 100% at fault—they will receive nothing at all. Examples of negligence include: Throwing objects at a dog Pulling its tail Bumping into it Teasing the animal Failing to restrain your own dog, which causes a fight or attack Reach out to Our Law Firm Contact the Law Office of Brian P. Azemika today to discuss your injuries. We have secured compensation for many clients injured by dogs.

Most automobile accidents are caused by driver negligence, but what about motorcycle accidents? The answer matters because anyone hurt in a motorcycle crash can sue for compensation if someone else is to blame. At The Law Office of Brian P. Azemika, our motorcycle accident lawyer reviews the most up-to-date studies on accident causation. Speeding is the Leading Cause of Fatal Motorcycle Accidents The National Highway Traffic Safety Administration (NHTSA) released its compilation of statistics involving fatal motorcycle accidents in 2020. They found that 34% of fatal accidents were caused by speeding. Those between the ages of 25 and 29 were most at risk of a speeding-related fatality. But the percentages were high for all motorcyclists, except for those 60 and older and for motorcyclists under the age of 15. Alcohol is Another Leading Cause NHTSA also found that 27% of those involved in a fatal motorcycle accident had a high blood alcohol concentration (BAC). This means they were legally intoxicated. Those 45-49 were most likely to be intoxicated. Is Inexperience to Blame? NHTSA also found that 36% of those involved in fatal accidents did not have a valid motorcycle license. Of course, it’s hard to draw a straight line between this fact and a fatal collision. Still, we imagine that one reason a person would not have a valid license is that they are new to riding, so we cannot dismiss that rider inexperience could be a cause of accidents. Many Motorcyclists Cause Their Own Accidents Other studies have shown that a staggering 76% of accidents are front-end collisions. This fact suggests that motorcyclists were responsible for driving off the road or hitting something. By contrast, only 7% of motorcycle accidents involve a vehicle striking a motorcyclist from behind. We can reasonably assume that most of these accidents are the fault of other motorists who are distracted or tailgating. Furthermore, about 23% of motorcycle accidents involve motorcyclists crashing into fixed objects, like a telephone pole, fire hydrant, or mailbox. These accidents are likely the result of reckless driving. When is Someone Else to Blame? Although motorcyclists are to blame for many collisions, they are not liable for all of them. We have helped many people injured when a road defect causes them to lose control or a negligent driver hits them. Rear-end collisions are fairly common and occur most often when a driver is distracted by a cell phone. They don’t see that a motorcyclist is slowing down in front of them, and they plow straight ahead. Other accidents are caused when unfixed potholes cause you to lose control. These road defects are often the fault of the agency responsible for the road. Were You Injured in a Motorcycle Accident? Please contact our law firm to investigate what caused your collision. When a careless motorist is at fault, we can use our experience to negotiate a settlement with their insurance provider. We can also sue other entities, like a municipality for failure to maintain a safe road. Our consultations are free if you call today.

Although some car accidents are temporary inconveniences, others leave lasting impacts. At the Law Office of Brian P. Azemika, we have worked with clients injured in all sorts of crashes, from minor fender benders to devastating T-bone collisions. For many victims, this is a stressful time financially. But there are other repercussions of car accidents, which we discuss in more detail below. You Can Feel Chronic Pain Very minor soft-tissue injuries might heal in a couple of weeks, but many injuries will cause intense pain. Painkillers usually blunt the pain but not for very long. Trying to sit up, sleep, stand, or work can become impossible for long periods because the pain is just too great. Even physical therapy is painful. For example, stretching and strengthening torn muscles is often extremely uncomfortable, but the only way to get better is to struggle through. You Need Help Getting Around If your car was damaged, you’ll be without wheels as it sits at the body shop. Unfortunately, major repairs can take months. You might need to ask family and friends for rides or else take an Uber or Lyft. Public transportation is an option in some parts of California, but not all. You Might Struggle Emotionally Many people involved in accidents will struggle with emotional problems like: Depression Anxiety Fear Post-traumatic stress disorder Studies have shown that most people will recover emotionally following an accident within 12 months. Unfortunately, others will continue to struggle for years and might develop phobias, such as a fear of riding in a vehicle again. Accident victims should treat emotional distress much as they would physical injuries. Talk to a doctor. You might benefit from behavioral therapy or counseling. A doctor can also prescribe medications to help with anxiety, depression, and sleep disturbances. Your Credit Tanks Accidents are expensive. Many of our clients cannot work following an accident, and very few of them have short-term disability insurance to replace lost income. At the same time, accident victims have an explosion of bills, from medical care to car repairs. Unsurprisingly, many car accident victims are unable to keep up with debt payments, which will negatively impact their credit. Some credit card or medical care accounts will go to collections, which will hamper your score even more. If you hire a lawyer, you can seek a settlement from the at-fault driver, which can relieve some of the financial pressure. But settlements often take months—and you’ll need to tide yourself over before then. Relationships Become Strained Physical and psychological stress takes a toll on relationships. For example, sexual intimacy could completely stop because you don’t feel well. Your shorter temper or depression could anger your spouse or partner, who spends less time with you or moves out of the house altogether. Many people who feel chronic pain stay at home, which means friendships wither away. You might even stop posting on social media because you don’t want people to know the level of pain and depression you feel. It is very easy to lose touch. We Can Help You Move Forward Money cannot solve all problems, but a car accident settlement can help relieve financial pressure. Please call our office to speak with a car accident attorney.