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Fatal Car Accident Reports Show Distracted Driving is a Big Problem

April 18, 2018 by Michael Waks

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Distracted driving kills about one Californian per week. Nationally, in 2015, almost 3,500 fatal car accident reports involved a distracted driver.  In addition to the tragic human loss, the economic loss from distracted driving is staggering: approximately $46 billion per year. Compounding the tragedy is the fact that distracted driving auto accidents are completely preventable. So why do they still account for 10% of fatal car accident reports? Fatal Car Accident Reports Indicate No Reduction … [Read more...]

How do I get compensated after getting hit by an out-of-state driver?

April 4, 2018 by Michael Waks

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If you are in a car accident, do not leave the scene without getting the other driver’s contact and auto insurance information. If you start to exchange information and see that the other driver is not from California, you may wonder “How do I get compensated after getting hit by an out-of-state driver?” A driver’s state of residence should not impact a car accident victim’s ability to obtain compensation. A driver properly insured in one U.S. state is insured in all 50 states. If the costs of … [Read more...]

Will My Car Accident History Hurt My Recent Car Accident Claim?

March 28, 2018 by Michael Waks

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If you have been hurt in a car accident, and it wasn’t your first accident, you are probably wondering how your car accident history might affect your claim. In most cases, your car accident history will become a focal point of the case. This is true even if the other driver was 100% at fault. Insurance Only Pays For Injuries Caused By The Car Accident Whenever a driver hurts someone, the victim’s health becomes a primary issue. Physical and psychological injuries provide the basis for most … [Read more...]

What compensation will I receive after getting hit by a car?

March 23, 2018 by Michael Waks

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On average, American drivers will be involved in four car accidents during their driving years. These accidents include one vehicle hitting another or a vehicle hitting a stationary object. They also include accidents where a vehicle hits a pedestrian or bike. Under California law, the person who causes the accident is at fault and must pay the accident victim's damages. The at-fault driver’s insurance pays up to the policy limits. After that, the driver is personally liable for any remaining … [Read more...]

Will Banning “Texting While Walking” Prevent Pedestrian Accidents?

March 21, 2018 by Michael Waks

Distracted Walking

Traffic accidents are killing pedestrians in record numbers. In 2016, pedestrian deaths reached their highest level since 1990. The 5,987 pedestrian accident fatalities in 2016 represented an 11% increase in deaths from 2015 and a 27% increase from 2007. Pedestrian accident attorneys have seen the devastating impact on families when cars kill or seriously injure pedestrians. The 2017 pedestrian accident death rate maintained the 25-year-high of nearly 6,000 fatalities in a year. Researchers, … [Read more...]

5 Hidden Dangers of Signing a Car Accident Private Settlement Letter

March 19, 2018 by Michael Waks

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Dealing with insurance companies can be a hassle. Moving through a formal insurance claims process can take a lot of time. And time is one thing that is in short supply for most of us. If damage from a car accident appears minor and no one is hurt, it can be tempting to bypass the insurance companies. Rather than filing a claim, the two drivers sign a car accident private settlement letter. What is a car accident private settlement letter? A car accident private settlement letter records an … [Read more...]

Who Pays A Passenger In A Car Accident Settlement?

March 13, 2018 by Michael Waks

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Every year in California, vehicle accidents injure hundreds of thousands of passengers. If you are a passenger in a car accident, who pays for your injuries? Are there restrictions on whom you can sue? Are you more likely to reach a passenger car accident settlement with the driver of the car you were in or the other driver? The answers to these questions are fact-specific. The circumstances of the auto accident and the details in the drivers’ insurance policies determine the … [Read more...]

Car Accident Back Pain is Common, Compensable, and Often Correctable

February 21, 2018 by Michael Waks

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Car accident back pain is a common consequence of vehicle collisions because of the extraordinary force involved. Car accident victims deserve compensation for the costs of their injuries and changes in their lives due to back pain. They are also entitled to treatment to correct spine and back injuries or to alleviate the resulting pain. Car Accident Back Pain Occurs in Most Collisions Auto and motorcycle crashes cause the majority of spinal cord injuries in the U.S. About 50% of new spinal cord … [Read more...]

How to Reach a Car Accident Settlement for a Child

January 31, 2018 by Michael Waks

Emergency doctors caring for accident victim boy sitting on stre

California law treats child victims of car accidents differently than adult victims. The state has specific rules about approving a car accident settlement for a child. Parents must follow the rules to protect their child’s legal rights. As you consider your next steps following a car accident that hurt your child, keep the following points in mind. Children must file lawsuits through a GAL In California, a child under the age of 18 is considered a minor. Minors cannot agree to contracts or file … [Read more...]

Is a car accident settlement taxable?

January 26, 2018 by Michael Waks

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Taxes are a big topic right now. Accountants and lawyers are hard at work figuring out how the Tax Cuts and Jobs Act changes clients’ tax liabilities. Personal injury clients want to know, “Are car accident settlements taxable?” After representing car accident victims for the last 35 years, I can tell you there is no single answer to that question. The answer depends on the claims underlying the settlement, the types of damages awarded and the settlement structure. The new tax law, effective … [Read more...]

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Michael Waks is The attorney you want to resolve your accident issues, period. He is knowledgeable, efficient, and gets maximum results when you are injured.

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