Fleeing the scene of a car accident in California is a serious criminal offense that can result in either misdemeanor or felony charges. Whether or not the crime is prosecuted as a misdemeanor or felony depends on whether the accident caused only property damage (misdemeanor) or a physical injury or death to another person (usually prosecuted as a felony).In this blog, we will discuss: The legal definition of misdemeanor hit and run in California, The penalties of misdemeanor hit and run, The legal definition of felony hit and run, The penalties of felony hit and run, and What to do if you are hit by a driver who flees the scene. What Is Misdemeanor Hit and Run?As … [Read more...]
Are Punitive Damages Recoverable After a Drunk Driving Accident?
If you were hurt in a car accident through no fault of your own, you may be entitled to both compensatory and punitive damages. Compensatory damages include hospital bills, lost income, pain and suffering, and other economic and non-economic damages stemming from the collision. Punitive damages are intended to punish the at-fault party and to deter similar transgressions in the future. While compensatory damages are awarded in any successful personal injury case, punitive damages are only available in cases that involve a defendant who acted with particularly egregious misconduct.What Evidence Can My Attorney Use to Pursue Punitive Damages? To recover an award of punitive damages, your … [Read more...]
What Evidence Should I Gather After a Car Accident?
Every car accident claim is unique, but strong evidence is always the key to winning a settlement or verdict. Unfortunately, much of the evidence needed to support your claim may be time-sensitive, and it’s not uncommon for certain evidence to be withheld—especially if the liable party is in possession of such evidence.To give your case the best possible chance of success, it’s important that you gather evidence while at the scene if you are able to do so. You should also contact a well-credentialed car accident lawyer right away so an investigation can be conducted while essential evidence is still available.Read on to learn about the kinds of evidence to gather after being involved in … [Read more...]
Who Can Be Held Liable for a Bus Accident?
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...]
