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...]
Category: Car Accidents — Page 14 of 22
Will Banning “Texting While Walking” Prevent Pedestrian Accidents?
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
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?
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
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
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?
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...]
Is there a formula for determining fault for an auto accident?
If you have recently been in a car accident, you might feel like life is a little out of control right now. One minute you were on your way to work. The next, your airbag exploded in your face and your car smashed into the light post. Despite your injuries and days missed from work, all your insurance company seems concerned with is determining fault for the auto accident. Why is it important to know who caused the car crash? Car accidents cause a lot of damage. Repairing that damage, whether it … [Read more...]
When Might Drivers Face Car Accident Criminal Charges?
If you asked most Californians what driving violations can lead to criminal charges, what replies would you expect? The answers probably reflect scenarios common in police shows: DUIHit-and-RunRoad Rage incidentsDriving a getaway carFleeing law enforcement It is true that everything on this list can constitute a crime under California law. It is also true that most people don’t think they will be charged with a crime following an accident. Is their belief accurate? When is a car … [Read more...]
Car Accident Attorney Warns: Don’t Lie on Your Insurance Application
Automobile insurance is something that usually resides in the background of people’s lives. People purchase insurance and pay ongoing premiums, but don’t think much about it beyond that. People do, however, expect it to be there when they need it. Unfortunately, some drivers with auto insurance find that when they make a claim, their insurance isn’t there for them. Their claims are denied because they weren’t completely honest when they applied for their insurance policies. If your insurance … [Read more...]
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