After most car accidents, the insurance company of the at-fault motorist would cover the medical bills, lost wages, and property repairs incurred by the other parties involved, up to the policy limits. But after a bus accident, it’s common for someone other than a driver to be held liable for damages.If you’ve been injured in a collision involving a bus, you might have grounds for a claim against: The bus driver’s employer; The bus driver; The company that was hired to maintain the bus; Someone driving another vehicle; A tour bus operator; A government entity; The designer or manufacturer of the bus or its parts; and/or The school board.Let’s take a closer look at the … [Read more...]
How Do I Prove the Other Driver Was Texting?
Texting while behind the wheel can be just as dangerous as drunk driving. But unlike alcohol-related accidents, there’s no test that can be conducted at the scene to prove a motorist was texting. As such, attorneys must resort to other forms of evidence to prove negligence, much of which can be difficult to obtain without applying legal pressure.If you turn to a well-credentialed law firm, you won’t have to worry about filing subpoenas and navigating complicated legal proceedings on your own. Your car accident lawyer can take over the logistics and collect all relevant evidence including: Cell Phone Records: Since the at-fault driver’s carrier is unlikely to turn over their records … [Read more...]
When Are Family Members Entitled to Emotional Distress Damages?
In the state of California, personal injury victims have the right to pursue compensation for any economic and non-economic damages they incur. Under some circumstances, a person who witnessed a serious accident also has the right to seek compensation for the negligent infliction of emotional distress—even if he or she wasn’t physically injured.Until 1968, courts typically dismissed emotional distress claims unless the plaintiff could prove the defendant’s conduct placed him or her in harm’s way. But this precedent was broken in the landmark case Dillon v. Legg, which was decided in the California Supreme Court.What Happened in Dillon v. Legg?Dillon v. Legg was a seminal case in the … [Read more...]
What Evidence Might Contribute to My Truck Accident Claim?
Strong evidence is the bedrock of any successful truck accident claim. Without it, the insurance company might find opportunities to dispute liability, causation, or damages. This not only could draw out the proceedings, but it may also threaten the outcome of your case.Much of the evidence needed to support your claim could be time-sensitive, so it’s important that your attorney is able to conduct an immediate investigation. A seasoned truck accident lawyer can also file subpoenas to obtain evidence that’s being withheld and bring in expert witnesses to assist with the investigation, settlement negotiations, and any litigation that may follow.Let’s explore a few kinds of evidence your … [Read more...]
What Tactics Might the Insurance Company Use to Dispute My Claim?
If you were seriously injured and either you or the at-fault party carries insurance, you’re probably hoping the applicable policy will cover at least a portion of your medical bills, lost income, and other damages. Unfortunately, insurance carriers will go to great lengths to reduce the amount of compensation they have to pay or to deny claims outright. After all, their profits increase with every dollar they don’t have to pay out.Insurance bad faith laws are intended to prevent insurers from engaging in unethical and fraudulent practices to delay, deny, or reduce the value of claims. Despite these laws, there are many tactics insurance companies still use to protect their financial … [Read more...]
3 FAQs About Bus Accident Claims in California
Both private and public buses are relatively safe modes of transportation, but they're certainly not immune to accidents. Collisions involving buses can result in devastating injuries to bus passengers and drivers as well as pedestrians and the occupants of other vehicles.If you were injured or lost a family member in a bus crash, you may have grounds for a personal injury or wrongful death claim. Depending on the circumstances, there are many parties who might be liable for the resulting medical bills and other damages.Read on to learn the answers to three FAQs about bus accident claims in California:1. Who Might Be Liable for a Bus Accident?There are several parties who might be … [Read more...]
How Do Car Insurance Companies Determine Fault After an Accident?
If you suffered an injury or significant property damage in a car accident, the outcome of your insurance claim could have a huge impact on your financial future. You may be wondering how the insurance adjuster will investigate your claim and what you can do to increase the odds of approval. We’ll discuss both in this blog.How Auto Insurance Companies Determine Fault After an AccidentWhen you file a claim with an insurance company, a claims adjuster will be assigned to your case. It’s the adjuster’s job to determine whether your claim should be approved or denied and how much to pay in a settlement.The more significant your damages, the more comprehensive the investigation will likely … [Read more...]
How Soon Should I Contact a Car Accident Lawyer?
There's nothing unique about getting into a car crash in California, where roughly half a million traffic accidents occur each year. But no two collisions are exactly alike. Some are fender benders with minor to moderate vehicle damage, but nearly half result in injuries. Even when a crash seems minor and you feel just fine afterward, signs of whiplash or other soft-tissue injuries may not surface until later—but by then, you may have already accepted a settlement that doesn't account for lost wages or ongoing medical treatment.Accidents that happen in the blink of an eye can have lifelong consequences, so you want to be absolutely certain you're protecting your interests. Was another … [Read more...]
Motorcycle Accidents Caused by Cars: 10 Tips for Injury Claimants
You’ve been injured in a motorcycle crash. Now what? No doubt you have a lot of questions about the claims process: how to file, when to contact the insurance company, and what evidence to provide. It’s natural to feel confused and even overwhelmed, especially if your financial security is at stake. But with the right approach, you may be able to recover the compensation you need to move on with life.Below are a few tips to keep in mind after being injured in a motorcycle accident caused by a car. If you still have questions or if you’d like advice regarding your particular case, contact the Law Office of Michael D. Waks. Call (562) 206-1939 to set up a free consultation.1. Call the … [Read more...]
Can I Recover Compensation for PTSD After a Car Accident?
The psychological effects of a car accident can be just as devastating as the physical injuries. Depression, anxiety, and adjustment disorders can impact a person’s ability to earn an income, and the cost of psychotherapy, medication, and other treatments can add up quickly.If you were hurt or witnessed a loved one die in a collision, you may be suffering from post-traumatic stress disorder. PTSD is a psychiatric diagnosis resulting from the development of characteristic symptoms after exposure to a traumatic stressor—usually a direct personal experience or witnessing an event that involves actual or threatened serious injury or death.Symptoms of PTSD include: Reliving the trauma … [Read more...]
