Legal Blog

California Distracted Driving Laws

Mar 23, 2023 | By Michael Beliz | Read Time: 4 minutes

Traffic accidents account for a substantial number of severe injuries and deaths in California and the rest of the country. The National Highway Traffic Safety Administration reports that distracted driving is responsible for nearly 10% of fatal accidents nationwide. Despite the well-known risks, distracted driving continues to be a widespread problem. Those who suffer injuries in a car accident should consult with an attorney to understand how California’s distracted driving laws might affect their compensation claim. What Is Distracted Driving? While there is no uniform definition for distracted driving, the California Office of Traffic Safety defines distracted driving as anytime a driver’s eyes or attention are not on the road or when a driver’s hands are off the steering wheel. Additionally, the Centers for Disease Control and Prevention identifies three primary types of distractions. Visual Anything that takes the driver’s eyes off of the roadway is a distraction. These distractions include looking at a cell phone, changing music, operating a GPS, putting makeup on, or browsing social media. Manual Anytime a driver takes their hands off the wheel, they are driving while distracted. Manual distractions often overlap with visual distractions and include eating and drinking, turning knobs, tending to a child, or searching through a bag. Cognitive Anything that takes the driver’s mind off of driving is a distraction. Examples include daydreaming, thinking about arguments, reading texts, or talking on the phone. Distracted driving is preventable, and drivers should avoid multitasking while driving. Further, occupants in a car with a distracted driver should voice their concerns if they observe this behavior. California’s Distracted Driving Statutes In California, it is illegal for a driver to hold a cell phone in their hand when driving. Under the law, drivers can only use hands-free devices mounted in a specific way. The rule applies when the driver is actively driving or stopped at a light. The law applies to both texting and talking while driving. California Texting and Driving Distracted Driving Laws Under California’s distracted driving law, drivers cannot use handheld wireless devices while driving unless they operate their devices in a voice-operated, hands-free way. The most recent version of the law expanded the restriction to all wireless device functions. That means texting and using other phone features is prohibited while you are behind the wheel. Exceptions to Texting and Driving Law in California There are a few exceptions to California’s texting and driving ban. These exceptions include the following: Emergency service providers are exempt from the ban while using an authorized vehicle. Talking on a Cell Phone Laws in California In addition to texting and driving, California prohibits drivers from using a cell phone to talk while driving if the phone is not in hands-free mode. The state’s cell phone ban does not apply when a driver uses a phone while driving on private property or places a call for emergency purposes. New California Driving Laws California law imposes additional penalties on motorists who violate California’s hands-free law. Drivers who violate the law will be responsible for a fine and receive a point on their driving records. California’s Distracted Driving Laws for Minors In light of the high number of young distracted drivers, California maintains strict distracted driving laws for drivers under 18. The law completely prohibits underage motorists from using any wireless device while driving, even in hands-free mode. The only exception to this rule is if the driver needs to place a call for emergency purposes. Damages for Distracted Driving Lawsuit California’s personal injury laws govern distracted driving claims. Like any other type of negligence lawsuit, the liable distracted driver may be responsible for economic, such as medical expenses, and noneconomic damages, such as pain and suffering. These compensatory damages are designed to make the victim whole again. Punitive Damages Distracted Driving California Laws Under California Civil Code 3294, a jury may award punitive damages in a personal injury case. Unlike compensatory damages, punitive damages serve to punish the wrongdoer and deter others from engaging in similar conduct. California treats distracted driving as negligence per se, meaning a driver is presumed negligent because they were breaking the law at the time of the accident. However, securing punitive damages requires more than establishing the other driver was negligent. To be awarded punitive damages, the victim must establish by “clear and convincing evidence” that the distracted driver’s actions amounted to malice, oppression, or fraud. In distracted driving accident cases, that means the victim must be able to show that the at-fault driver showed a conscious disregard for the victim’s safety. Are You Looking for Justice After a Distracted Driving Accident? If you or a loved one was recently involved in a car accident with a distracted driver, Beliz Law Firm is here to help. Attorney Michael Beliz started the firm over a decade ago to help accident victims and their loved ones recover meaningful compensation after suffering serious injuries or losses. Prior to that, he worked with two of the leading plaintiff’s personal injury law firms in Southern California, where he handled hundreds of cases. Throughout his more than 15 years in practice, Michael has helped countless families obtain fair compensation for their injuries. To learn more about how we can help you, contact us to schedule a free consultation.

Car Accidents

Who Is at Fault in a Self-Driving Car Accident in California?

Mar 23, 2023 | By Michael Beliz | Read Time: 4 minutes

In recent years, autonomous or self-driving vehicles have generated significant interest and discussion. Vehicle manufacturers promote these cars as having the potential to reduce traffic fatalities. However, research indicates that these vehicles are more likely to be involved in serious car accidents than conventional vehicles. Despite safety officials’ acknowledgment that self-driving vehicles create many technical and legal issues, widespread adoption of self-driving cars might be inevitable. That’s why California accident victims must understand their rights and remedies if they suffer injuries in a collision with a self-driving car. Levels of Self-Driving Vehicle Automation Currently, the majority of self-driving vehicles on the road are not fully autonomous. The National Highway Traffic Safety Administration classifies automation into six levels: Level 3 to 5 vehicles are not currently available for consumer purchase in the United States. Self-driving vehicles might provide transformative safety opportunities in the future. However, currently, even the highest level of self-driving technology available to the public requires a driver’s full engagement and undivided attention. Self-Driving Car Accident Who Is Responsible Establishing fault in a self-driving vehicle accident is crucial to securing compensation for injuries and damages. While self-driving car accident driver negligence is a leading cause of accidents involving these types of vehicles, other parties might also be responsible for an accident. Some potentially liable parties in these cases are discussed below. Driver of Vehicle Under California’s Civil Code §1714, a driver who failed to exercise ordinary care on the road might be liable for damages caused by their negligence. Currently, drivers operating self-driving cars must remain actively engaged and aware while on the road. If a driver causes an accident because they aren’t actively engaged in operating their self-driving vehicle, they might have been negligent. Owner of Vehicle Under California Civil Code § 17150, if the at-fault driver was operating the vehicle with the owner’s permission, the owner might be liable for the accident. That means that even if the car’s owner was not driving the vehicle when your accident occurred, they might still be responsible for paying you compensation for your injuries. Governmental Entity In cases where an accident results from unsafe or defective roadways, the injury victim might have a claim against a governmental entity. These cases fall under the California Tort Claims Act (CTCA). Because of sovereign immunity principles, CTCA claims are challenging to pursue. However, an attorney can review your case to determine if your claim would fall under an exception to the CTCA. Product Liability for Self-Driving Accidents In some cases, the self-driving vehicle operator might claim the accident resulted from a design or manufacturing defect. In that case, you might consider pursuing a claim against the car’s manufacturer or seller by filing a product liability claim. Product liability claims typically involve the following: When it comes to accidents involving self-driving cars, these claims often encompass allegations of defects such as the following: Most driverless vehicle systems use a combination of radars, cameras, and computers to control speed, braking, and lane departures. Under California’s product liability laws, the company that designs, manufactures, or sells a defective vehicle or vehicle part might be strictly liable for injuries the defective product causes. Because these are strict liability claims, the victim does not need to establish that the company was negligent. Instead, the car accident victim must prove that the self-driving car or system part was dangerous and caused the accident. Learn More About Who Is at Fault in a Self-Driving Car Accident in California by Speaking with an Experienced Attorney If you or a loved one was recently injured in a car accident involving a self-driving car, you might be entitled to financial compensation for your accident-related expenses. However, because self-driving car accident cases involve the intersection of technology and the law, they can be highly complex. At Beliz Law Firm, we have over a decade of hands-on experience aggressively pursuing fair compensation on behalf of our clients. We recognize that serious accidents add stress and anxiety to your life that you shouldn’t have to deal with—and we will do everything we can to make the recovery process as easy on you and your family as possible. To learn more about how Beliz Law Firm can help you, contact us today to schedule a free consultation.

Wrongful Death

Wrongful Death Statute of Limitations in California

Mar 8, 2023 | By Michael Beliz | Read Time: 4 minutes

The Code of Civil Procedure, Sect. 335.1 sets forth the statute of limitations for bringing a wrongful death suit in California as two years from the date of injury or death. This is the case with most wrongful death claims, but there are several other situations where a different statute of limitations could apply. Wrongful Death Statute of Limitations in California In addition to the standard two-year cut off from the date of injury or death, there are two other scenarios that may apply to wrongful death claims in California. The first involves medical malpractice, or health care provider negligence. In these matters, the California wrongful death statute of limitations is either three years from the date of injury; or one year after the plaintiff discovers the problem or should have discovered the injury — whichever comes first. If the wrongful death claim is based on government tort liability, like a motor vehicle accident with a county or city vehicle, then any claim against the government must be filed within six months of the injury. What is the California Wrongful Death Statute? Under the California statute, there is a wrongful death if the following elements are present: This law allows certain people to bring a claim for compensation for their financial losses that resulted from someone else’s untimely death. It is a civil lawsuit and it can be brought against the person or people who were responsible for the person’s death. Who Can Bring a Wrongful Death Claim? Under the California wrongful death statute, only certain people can lawfully bring a claim for wrongful death. Some of these include: If the deceased did not have any of the aforementioned relatives, then an heir could be anyone who would be entitled to the deceased’s property, as if he or she died intestate (without a will). If there were other people who were dependent on the deceased, like a putative spouse or the putative spouse’s children, or parents or stepparents of the deceased, they could also be eligible to file in this situation. Additionally, any minor, provided they resided with the deceased for at least 180 days and were financially dependent on the deceased for at least 50 percent of their support. If there are multiple claimants to a wrongful death claim, they must be joined together in one single court action. There cannot be multiple claims filed against the responsible party. California follows the “one action rule,” which means all claimants must be on one lawsuit. There is a good reason for this rule, which protects the defendant from defense costs on more than one lawsuit, and it helps prevent an inconsistent ruling resulting from having more than one case. Claimants who are not joined on the original wrongful death lawsuit could be barred from bringing their own action against the responsible person or party. This would be unfair, which is why the heirs have a mandatory responsibility to include any known heirs. If an heir intentionally leaves off a claimant, the heir may be responsible to the other claimant. Types of Compensation in a California Wrongful Death Claim Plaintiffs who bring a wrongful death action on behalf of a loved one seek compensation for a variety of damages. Some of the more common ones include: Valuing a Wrongful Death Claim Putting a value on certain aspects of wrongful death can be extremely complex. It is not easy to determine how deep the expected loss of financial support might run, sexual relationship, or supposal support around the household services. There needs to be an analysis of the person’s past and future expected earnings, his or her employment background, capabilities, and special talents, as well as determining the needs of surviving heirs. Proving life expectancy can be difficult and may require the expertise of an expert who can consider important factors like the person’s age, activities, health, lifestyle, past medical problems, current health habits and exercise, and other related information. Determining a monetary value regarding the loss of care, comfort, and moral support by the heirs is a sensitive area. This is why it’s important to retain a California wrongful death attorney who specializes in these matters. Only an attorney who has ample experience evaluating wrongful death claims can present a figure to the other side that is quantifiable but also takes the emotional aspects into account. Contact the Beliz Law Firm If you’ve lost a loved one in a wrongful death accident, call the Beliz Law Firm for a complimentary consultation. Our team can help you understand all the elements of the California wrongful death statutes and whether or not you have a valid claim. Contact us today.

Car Accidents

What Happens If You Get in a Car Accident in a Leased Car?

Feb 10, 2023 | By Michael Beliz | Read Time: 4 minutes

Car accidents can happen in any vehicle. While most people understand what to do if they were involved in an accident with a car they own, many of us have no idea what happens when a leased car is in an accident. Many people need help understanding what makes a leased car different from an owned car and what they should do after being in an accident. Read on to learn more about what happens if you get in an accident with a leased car. How Is a Leased Car Different? Instead of owning a leased car, you make a down payment and negotiate payment terms to use the vehicle for a period of time. Generally, leases are for between two and five years. Monthly payments are typically based on the lease length and down payment. Since you don’t own a leased vehicle, you can’t trade one in to purchase a newer car. Additionally, at the end of your lease term, you can turn your leased car back into the dealership or buy the vehicle at a reduced price. Who Insures a Leased Car? Just as with owned vehicles, the lessee—which is what the person leasing a car is called—must obtain all necessary insurance. All drivers must comply with the following California liability insurance requirements for a private passenger vehicle: While these are minimum liability insurance requirements, many California drivers opt for higher coverage limits. If an accident loss exceeds your policy’s limits, you may be required to pay the difference out of pocket. Accidents often exceed the minimum coverage amounts, so while premiums may be higher, increasing coverage limits could save you a lot of money. What Do I Do After Getting in an Accident in a Leased Car? The initial steps to take after getting into an accident in a leased car are the same ones you should take if you own the vehicle. A car accident is a shocking experience, and it’s important to always prioritize your health and safety. Even if you are physically able, it may understandably be difficult to remember all the following steps. However, taking any of the following measures will help your attorney develop a strong case on your behalf so that you can recover the compensation you deserve. Check For Injuries Always seek medical attention immediately following a car accident. Even if you don’t think you’ve suffered an injury, it’s important to seek medical care because many serious injuries appear hours, days, or weeks after an accident. Obtaining a complete medical evaluation and diagnosis of your injuries will also help your attorney establish the necessary connection between the accident and your injuries required to recover damages. Call 911 Reporting emergency personnel can make immediate assessments of the physical condition of all the parties involved in an accident. Police officers called to the scene of an accident create accident reports. These reports provide unbiased observations regarding relevant details of an accident and important information, such as the names of all the drivers involved in the accident. Gather Contact Information and Evidence If physically able, get the names, contact details, and insurance information of all parties involved in your accident. You should also get contact information from any witnesses. If possible, you should also take photographs of the damage to your car and a photograph showing all the vehicles involved so that their position relative to each other can be seen. Suppose no police officer reports to the scene of your accident, and you don’t get an accident report. In that case, getting this information is especially vital to your claim. Contact Your Leasing Company If you are wondering, “what if I have an accident in a leased car,” your lease contract may provide an answer. Most leasing contracts provide specific instructions for what the lessee has to do in the unfortunate event of an accident. Contact Your Insurance Company If you were involved in an accident in a car you own or lease, you must report your accident to your insurance company. Most insurers require drivers to report accidents within 24 hours. However, review your policy or contact your insurance provider to determine the time limit that applies to your situation. Get a Lawyer Contact an attorney immediately after a car accident. Your attorney can streamline the claim process and improve your chances of recovering the damages you deserve by negotiating with insurance companies and the other parties. An attorney can also help you file a lawsuit if needed. What Happens to My Lease After an Accident? Even if your leased car is totaled, you are still responsible for making your lease payments until the claim has been settled. Many people mistakenly believe that lease payments are no longer required if the car is inoperable. Additionally, if the accident causes the car’s market value to fall lower than what is still owed on the lease, you are still responsible for that difference. Contact Us The Beliz Law Firm has been helping injured clients since 2006. Whether we are advocating for you at the negotiating table or in the courtroom, we will always make sure your rights and best interests are protected. The Beliz Law Firm has an impeccable reputation in the community for helping our clients obtain the best possible results. We operate on a contingency fee basis, meaning we don’t get paid unless we recover compensation for you. If you suffered injuries in a car accident with a leased car, contact the legal team at the Beliz Law Firm to find out how we can assist you.

Pedestrian Accidents

What Happens If You Were a Pedestrian Jaywalking and Hit by a Vehicle in California?

Feb 3, 2023 | By Michael Beliz | Read Time: 3 minutes

If you were hit as a pedestrian that’s jaywalking, is it your fault? Unfortunately, California leads the nation in pedestrian accident deaths. If you hit a pedestrian jaywalking or you are a pedestrian who was hit while jaywalking, read on to learn more about how personal injury compensation is calculated in California and what to do immediately following an accident. What Is Jaywalking? Jaywalking occurs when a pedestrian crosses the street outside a designated crosswalk where a traffic signal device or police officers control an adjacent intersection. When a crosswalk is controlled, that means there are signals in operation, and those signals indicate to pedestrians when they may cross the street. What Happens If You Hit a Jaywalker in California? If a pedestrian is hit while jaywalking, who is at fault? Not all pedestrian accidents are entirely the driver’s fault. Before January 1, 2023, jaywalking used to carry a fine of up to $196. Although jaywalking safely usually did not result in a ticket, Vehicle Code 21955 still applied to pedestrians in both residential and non-residential areas. It may have been clearer at that time whether a jaywalker could be deemed at fault for a pedestrian accident, even if they were injured in the accident. A new law in California provides that jaywalking is only illegal if there is an immediate chance of a motor vehicle or bicycle collision. If a pedestrian is hit by a car, they likely can file a lawsuit against the driver for their injuries. However, even if the pedestrian was legally jaywalking, they might still be partially at fault for the accident. In California, a person whose own negligence contributed to an accident can still recover some damages from the other at-fault parties. This is called pure comparative negligence. But, their percentage of fault will proportionally reduce their compensatory award. For example, if an injured jaywalker has $10,000 in damages and is found to be 30% at fault for the accident, they can recover $7,000. What Can An Injured Jaywalker Recover? California law permits an injured pedestrian to recover compensatory damages in the form of economic and noneconomic damages. Economic damages represent direct financial losses related to a pedestrian’s injuries. Common examples include the following: Receipts, invoices, pay stubs, and other documentation can provide proof of your economic damages. Keep a record of all the expenses and losses related to your injury to provide to your attorney. Noneconomic damages represent subjective losses, usually stemming from the psychological and emotional consequences of an injury. Examples include: Due to their subjective nature, noneconomic damages are challenging to quantify and prove without the assistance of a qualified personal injury attorney. What Should I Do If I Were a Pedestrian Jaywalking and Hit by a Vehicle? If you were a pedestrian hit by a vehicle driver, you can take several steps to protect your rights until you’ve had an opportunity to speak to a qualified personal injury attorney. Don’t Say Anything Don’t claim you’re okay or state that the accident was your fault. Anything you say to the driver, witnesses, the police, or the insurance companies can potentially be used against you. State only facts related to the accident, such as your name and contact information. Call 911 Call 911 and request emergency medical assistance immediately. Even if all involved parties appear fine, certain injuries may not be detectable to anyone but a medical professional. Due to the size and speed of a vehicle, pedestrians may incur serious injuries so seek immediate medical attention. Gather Information Be sure to exchange information with all involved parties at the accident scene. Get the names, contact information, and insurance information for all parties involved in the accident to provide to your attorney. Also, be sure to ask the witnesses for their contact information. While a police officer should collect this information if one reports to the scene, getting it for your own records is always worthwhile. Document the Scene Document the scene as thoroughly as you can. Documentation includes photographing or taking video of all vehicles, the surrounding areas, your injuries, damage to the vehicle, and any other relevant evidence. Speak to an Attorney Contact an attorney as soon as possible, even before you speak to your insurance company. Insurance companies are not always on your side, and your attorney works to ensure they don’t take advantage of you. Contact Us If you were involved in a pedestrian accident, you might feel overwhelmed and anxious about your next steps. The Beliz Law Firm is here to guide you through the process and provide you with the understanding and support you need. At the Beliz Law Firm, each case is important to us, and we promise to treat you with respect. We aren’t afraid to handle challenging negotiations or take your case to trial. Contact our office today for a free case review.

Car Accidents

How to Know If I Have an Uber/Lyft Claim

Jan 13, 2023 | By Michael Beliz | Read Time: 4 minutes

For many, the convenience of Uber and Lyft ridesharing services is unbeatable. As many people’s primary mode of transportation, ridesharing may feel safe. However, ridesharing drivers are just as likely to get into accidents as other drivers on the road. Unfortunately, after an accident, Uber and Lyft may try to deny personal injury claims. So how do you know if you have a claim against Uber or a claim against Lyft? Read on to learn more about accidents involving Uber and Lyft drivers and what steps you should take to protect yourself. How Is Liability Determined in an Uber/Lyft Accident? If you suffered injuries in an accident, your attorney might pursue compensation from the driver, the ridesharing company, or a third party or parties. Uber and Lyft both provide insurance coverage that is available when the driver has the app on and is either waiting for a ride or completing a ride. App Turned On People injured in rideshare accidents often ask, “Do I have a case against Uber?” or “Do I have a case against Lyft?” The ridesharing company’s insurance coverage will apply if the driver had the app turned on at the time of the accident. Uber and Lyft are responsible in the following scenarios: Uber and Lyft both provide the following insurance coverage levels: Without an attorney, it’s easy to get overwhelmed by these details and miss out on well-deserved compensatory relief. App Turned Off If the ridesharing driver had the app turned off at the time of the accident and is deemed at fault, they must use their personal auto insurance to cover your damages. Third-Party Liability A third party may be liable when a ridesharing driver is transporting a passenger with the app on or driving with the app off. Third parties may include anyone else who was involved in the accident, such as other drivers or pedestrians. How Can a Lawyer Help Me? One of the most important steps you can take after an accident involving an Uber or Lyft driver is to contact an attorney. Experienced personal injury attorneys understand all the tactics insurance companies, opposing attorneys, and at-fault parties use to protect their interests, and they can help you more effectively fight for the compensation you deserve. Negotiate When asking, “Do I have an Uber claim?” or “Do I have a Lyft Claim?” it’s important to remember that insurance companies are not on your side. Some insurers may refuse to approve your claim without an investigation. Other insurance companies may make a quick initial offer without knowing the actual value of your claim. While the offer may be enticing, once you accept it, you lose your ability to file a claim at a later date. These offers usually don’t accurately reflect all of your damages. Determine Liability Your attorney works to establish liability to strengthen your claim against Lyft or Uber for damages. An experienced personal injury attorney knows how to investigate the circumstances of your case to determine why it happened and who is at fault. Being able to clearly establish fault and liability will help strengthen your claim. Calculate Your Case Value In your claim against Uber or Lyft, your attorney will know how to accurately calculate your damages so that you can be sure you’re pursuing all of the compensation you’re eligible to receive. Injured victims in California are entitled to both economic and noneconomic damages. These damages encompass a wide variety of losses, including the following: While some damages may be easy to calculate by looking at receipts and invoices, other more subjective losses, such as pain and suffering, require the assistance of a qualified personal injury attorney to be accurately calculated. Contact Us Serious injuries add stress and anxiety to your life that you shouldn’t have to deal with. At the Beliz Law Firm, we are passionate about pursuing justice on your behalf and providing you with a voice in your time of need. Our legal team will help you maximize your compensation by aggressively negotiating with insurance companies. We never hesitate to bring your case to trial if that’s what’s required. Contact us today for a free case review.

Car Accidents

Can I Receive Compensation If I’m Partially At-Fault for an Accident?

Oct 28, 2022 | By Michael Beliz | Read Time: 3 minutes

If you suffered injuries in a car accident, you might be wondering who will pay for your damages. Pursuing a claim for compensation can be challenging. You can expect the other driver’s insurance to say you’re at fault for the collision. But what happens if you are both partially responsible? Can you get any money if you’re partially at fault for the accident? Your ability to collect money for your injuries depends on which state the accident occurred in. If you have questions about compensation when you’re partially at fault for a car accident, contact the experienced car accident lawyers at Beliz Law Firm as soon as possible. Can You Still File a Car Accident Claim If You Were Found Partially At Fault? In California, yes, you can still file a car accident claim when you’re partially at fault. California is a pure comparative negligence state. That means you can file a claim even if you are primarily at fault for the accident. In some states, you cannot pursue compensation for your injuries if you are even one percent at fault. Other states won’t allow you to recover any money if you’re more than 50% at fault. In California, you can be up to 99% liable and still collect compensation. However, your recovery is limited by your own percentage of fault. For example, if you are 60% responsible, you would only receive 40% of your damages. It’s important to note the other driver can also collect compensation from your insurance company. For example, when you’re 60% at fault, the other driver can pursue 60% of their damages from you. That’s why working with an experienced lawyer to build a strong case is crucial. You need a legal advocate on your side. Otherwise, the defendant’s insurance company will allege you were primarily or solely at fault and prevent you from getting all of the compensation you are eligible to receive. If I am Partially At Fault, Can I Sue for an Injury? Yes, you can file a personal injury lawsuit if you’re partially at fault for an accident. There are several scenarios where filing a lawsuit might be a good option in California: The defendant’s insurance won’t engage in meaningful settlement negotiations; You cannot reach an agreement on liability; or The statute of limitations is approaching. While most lawsuits settle before trial, taking your case to a jury may be necessary to decide fault percentages. Your attorney will explain whether filing a lawsuit is best for you based on the facts of your case. How to Strengthen Your Case To be eligible for compensation, you must have adequate proof demonstrating the other driver’s fault. One of the best ways to do this is by hiring a California car accident lawyer early on. When you retain Beliz Law Firm, we will conduct a thorough independent investigation and collect all available evidence to help strengthen your claim. Having photos from the accident scene is very helpful. If you can do so safely and without further injuring yourself, get pictures of vehicle damage, skid marks, and the surrounding scene right after an accident occurs. An attorney may also hire various types of experts to support your claim, including an accident reconstructionist. An accident reconstructionist is a recognized expert on recreating accidents and discussing who was most likely at fault based on multiple scientific parameters. Their report and testimony could become a crucial part of your case. Recoverable Compensation in a Car Accident Claim The compensation you’re eligible to receive will vary based on the facts and circumstances of your case. In general, recoverable compensation includes: Medical expenses to date, Future medical expenses, Lost wages, Future loss of earning capacity, Property damage, Pain and suffering, Mental anguish, and Loss of consortium and enjoyment of life. Your percentage of legal liability has a significant impact on how much compensation you ultimately receive. If your damages are $100,000 and you’re 60% at fault, the maximum you can receive is $40,000. Don’t risk receiving less money than you deserve because you pursued a claim without a skilled attorney representing you. Contact Our California Car Accident Lawyers Today If you are searching online for answers to “what happens if I am partially at fault for a collision,” contact Beliz Law Firm. We have nearly two decades of experience assisting injured car accident victims in California. Our legal team has helped countless clients fight for the compensation they deserve. We know the strategies and tactics insurance companies use to lowball you. They will make you believe they are offering you the maximum compensation you deserve when it’s significantly less than your case is worth. No matter what the defendant’s insurance company tries to make you believe, they are not on your side. The insurance adjuster is looking out for the company’s bottom line, not your best interest.Schedule a free initial consultation with a lawyer at Beliz Law Firm today to learn more about compensation when you’re partially at fault in an accident.

Car Accidents

How to Claim Lost Wages in a Car Accident

Oct 21, 2022 | By Michael Beliz | Read Time: 3 minutes

When you sustain injuries in a car accident, it can affect your ability to work. If someone else’s actions caused the accident, you have the right to pursue a personal injury claim for compensation. Understandably, prospective clients want to know how to claim lost wages from a car accident. Don’t hesitate to contact the California car accident lawyers at Beliz Law Firm to learn how we can help you pursue a claim for lost earnings. Most lost wage claims also involve other damages, such as medical expenses, property damage, and pain and suffering. Our skilled legal team can help you determine the total value of your car accident claim. Can I Claim Lost Wages from a Car Accident? In most situations, you can pursue lost wages in a car accident claim in California. However, you must have sufficient proof of your lost wages before making your claim. Otherwise, the other driver’s insurance company will deny your claim. For example, imagine you suffered whiplash in a car accident. A lost wages claim would require proof of the work you missed due to the whiplash. You should be aware of two distinct components of personal injury wage claims: lost wages to date and future loss of earning capacity. Evidence Needed for a Lost Wages Claim After a Car Accident You need to provide evidence supporting your claim that you could not work due to your car accident injury. Some of the most common types of evidence include: Medical records that detail your injuries, including how they occurred and if you had a prior injury that was made worse in this accident; Pay stubs showing your earnings before the accident; Tax returns that confirm your prior earnings; Work records that show your missed days since the accident; and If you’re self-employed, you need invoices or other documentation that prove your losses. Include any letters or emails written to your supervisor that explain your absences. Your employer can also prepare a letter that details your missed time. The more documentation you have, the better. If you have future medical appointments requiring you to miss work, include those lost future earnings in your calculations. When you retain an attorney at Beliz Law Firm, we will help compile all the evidence necessary to present a claim for lost wages. What Is Loss of Earning Capacity? Loss of earning capacity is the difference between what you are making and what you would be earning if not for your injury. For example, perhaps you were able to return to work after the accident, but you can’t do your former job. Proving a future loss of earning capacity is more challenging than a standard lost wages claim. That’s because there’s a need to speculate about your future earnings. The most challenging aspect of a loss of earning capacity claim is figuring out what you would have earned in the future if not for the debilitating injury. To calculate your damages, you would deduct what you might earn with your injury or disability from that amount. It’s typically necessary to hire a financial or economic expert who can help figure out these amounts. These experts can determine a range of what your loss of earning capacity claim is worth. Should your loss of earning potential claim go before a jury, the court grants the jury leeway to determine the amount you should be awarded. Jury members can use their common sense, which can be helpful or a hindrance, depending on the trial. How to Claim Lost Wages from a Car Accident Once you have all your evidence and documentation, you will present a demand package to the defendant’s insurance company. When you are represented by an attorney, your attorney will handle this step. All evidence is submitted to the insurance company to review, and you have to wait for a response. The demand package has a letter outlining everything about your case, including how you were injured, why the defendant is responsible, and what damages you sustained. Your attorney also includes a monetary amount you wish to resolve the case for. If the defendant’s insurance company refuses to talk about settlement values or if an adequate settlement offer is not made, your attorney may advise filing a lawsuit before the statute of limitations expires. Contact Our Car Accident Lawyers When you have questions on how to claim lost wages from a car accident, Beliz Law Firm stands ready to help. We know how difficult proving damages can be in a car accident claim. We can help gather evidence and build the strongest case possible. If we need to hire experts for a loss of earning capacity claim, we have a network of reputable professionals we can call. If you pursue a claim independently, you might miss out on the valuable compensation you need. With nearly two decades of experience assisting injured car accident victims in California, we will fight for the maximum compensation in your lost wages claim. Contact us today to schedule a free case review.

Car Accidents

What Happens If an Uber Driver Causes an Accident?

Oct 14, 2022 | By Michael Beliz | Read Time: 3 minutes

You have rights if you’re a passenger in an Uber vehicle that gets into an accident and you suffer injuries. You likely have many questions including, What happens if an Uber driver causes an accident? Pursuing a claim involving an Uber vehicle can be confusing and complicated. If you need assistance following an Uber accident, contact the California car accident lawyers at Beliz Law Firm. We can help you pursue a claim against the responsible parties and fight for the maximum compensation possible. What If My Uber Driver Causes An Accident? As a passenger in an Uber, it’s highly unlikely you have any percentage of fault in the accident. You are an innocent party unless you did something that distracted the driver and caused them to lose control. That means you should not have to pay for your own injuries and time off work. However, you must prove who is at fault for the collision to collect compensation. If the Uber driver caused the collision, Uber’s coverage would likely be the primary insurance responsible for compensating you for your injuries. Uber Insurance Coverage Uber has several periods of coverage depending on what the Uber driver was doing at the time of the accident. Period 1: The app is turned off, or the driver is offline. During this period, the driver’s personal insurance should be the primary insurance and cover damages incurred by a passenger, another driver, pedestrian, or bicyclist. Period 2: The app is turned on, and the driver is available or waiting for a ride request. Uber has third-party liability coverage during this period if the driver’s insurance won’t extend coverage. Applicable limits are $50,000 in bodily injury per person or $100,000 for bodily injury in one accident, and $25,000 in property damage coverage per incident. Period 3: The Uber driver is on their way to pick up a passenger or is transporting a passenger at the time of the accident. If you’re a passenger in the Uber vehicle, you will fall under this section. Uber’s policy limit during this period is $1 million in third-party liability insurance. If the other driver is at fault and has no insurance, this Uber policy should allow you to access uninsured motorist coverage. Whose Insurance Pays If My Uber Driver Got Into an Accident? Knowing who to pursue a claim against is crucial. The Uber driver’s own car insurance policy likely won’t pay for your injuries. That’s because personal auto insurance policies usually have exclusions when the car is used to hire. You likely have a claim against Uber and maybe the other vehicle’s driver depending on the circumstances. California is a comparative negligence state. That means the Uber driver and the other party could both be responsible for the accident and collect compensation from each other’s insurance companies if they suffered injuries. Consider a situation where the Uber driver is 10% at fault, and the other driver is 90% at fault. If the Uber driver is injured, they could collect up to 90% of their damages from the other driver. As an innocent passenger, you are entitled to pursue a claim against all responsible parties. California has joint and several liability, which means you have the right to pursue compensation from any defendant, regardless of whether they were 100% at fault. Consider the example of the Uber driver being 10% liable. You can collect your entire settlement amount from Uber, and then Uber can pursue 90% reimbursement from the other driver’s insurance company. Unfortunately, suing an Uber driver for the accident doesn’t mean Uber will automatically pay you for your injuries. You might be caught between two insurance companies fighting over which one will pay you. This situation is something we often see in car accident claims. Insurance companies always want the other company to pay rather than paying and seeking reimbursement after the fact. This back-and-forth can be very frustrating for an innocent passenger. That’s one of the many reasons you should hire a lawyer if you’ve sustained injuries in an Uber accident. You deserve to have your injuries paid for and to not be caught in the middle of an argument between insurance companies over who will pay for your injuries. Contact a California Uber Accident Lawyer If you have questions about “what happens if an Uber causes an accident” and how to pursue compensation, Beliz Law Firm is here to help. With nearly two decades of experience assisting injured car accident victims, we know how to build a strong case. Uber-related accidents are more complicated than your average car accident. Not every law firm has the necessary experience with them to help you get the compensation you deserve. Beliz Law Firm does. We understand the nuances of these types of claims and how to navigate them. Please contact our office today to schedule a free case review to learn more about how we can help you.

Car Accidents

What To Do If You’re Hit by a Drunk Driver in California

Oct 7, 2022 | By Michael Beliz | Read Time: 3 minutes

You must contact 911 immediately following an accident involving a drunk driver. The police need to respond to the scene. If it appears the drunk driver is trying to leave the scene, get photos if possible, and take down their license plate number. If your injuries are severe, you might need emergency medical assistance at the scene. Do not downplay your injuries or refuse medical help. You might be injured worse than you realize. Internal injuries are common in severe collisions, and adrenaline can prevent you from immediately feeling pain. Cooperate with law enforcement when they arrive, but be cautious about what you say at the scene. Do not say anything that could lead the officer to conclude you are partially responsible for the accident. While the other driver might appear drunk, you won’t know they are intoxicated until tests confirm that. The other driver’s insurance company will try to convince you to give a recorded statement about the accident. You should not give a statement without legal representation. The insurance adjuster is looking for any statement or evidence they can use to deny your claim. Even if the insured driver was drunk, the insurance company wants to reduce or eliminate their financial liability. California Legal Blood Alcohol Concentration Limits The blood alcohol concentration (BAC) limit in California can vary depending on the circumstances. Here’s a look at the various limits: Adult in a non-commercial vehicle—0.08% or higher; Driver under 21—0.01% or higher; Vehicle requiring a commercial driver’s license—0.04% or higher; A driver who is on DUI probation—0.01% or higher; and Passenger for hire in the vehicle at the time—0.04% or higher. Even someone whose BAC is under the legal limit can be impaired. People who consume alcohol and get behind the wheel can have impaired judgment and slower reaction times, even if they are legally allowed to drive. Can I Sue if I Was Hit by a Drunk Driver in California? Yes, you can file a lawsuit against the drunk driver if their insurance company doesn’t adequately resolve your injury claim. In some instances, the drunk driver’s insurance company might deny coverage. If that happens, you can present a claim to your own insurance company, provided you have uninsured/underinsured coverage. Even if the state files criminal charges, you still have the right to pursue a civil claim. These are two separate actions in two different court systems with unique burdens of proof. A criminal case against the drunk driver involves a loss of freedom, while a civil case involves financial compensation. Like other types of personal injury cases, you only have a limited amount of time to file a drunk driving lawsuit in California. If you miss the deadline, the court will likely dismiss your entire case. That means you’ll collect no compensation for your injuries, no matter how solid your case is. In most cases, you only have two years from the date of the accident to file a lawsuit. Some situations can alter the filing deadline, but it’s not guaranteed you will have additional time. When you hire a lawyer to represent you, they will help you meet important filing deadlines. Your attorney at Beliz Law Firm will be the one calculating filing deadlines, not you. Types of Recoverable Compensation A car accident victim can recover compensation for economic and noneconomic damages. Economic damages compensate you for financial losses such as medical bills or lost wages. Noneconomic damages compensate you for emotional or psychological harm caused by an accident. Every case is different, but there are a few types of injuries plaintiffs commonly seek compensation for in car accident claims, including: Medical expenses to date, Future expected medical costs, Lost wages, Future loss of earning capacity, Pain and suffering, Mental anguish, Loss of consortium, and Property damage. Cases involving a drunk driver may be eligible for a unique type of compensation called punitive damages. The law reserves punitive damages for only select cases that involve intentional acts or egregious behavior. Drunk driving can qualify as an intentional or egregious act. Punitive damages are meant to punish the wrongdoer rather than compensate the victim for their injuries. An experienced attorney can help determine if you qualify for punitive damages. Contact Our California Car Accident Lawyers If you were hit by a drunk driver in California, you have rights. The legal team at Beliz Law Firm can help. We know how terrifying an accident with a drunk driver can be. You deserve to receive the maximum compensation possible. With nearly two decades of experience assisting injured car accident victims, we know how to build a strong case. We’ve helped numerous victims of drunk drivers get the justice they deserve. To learn more about how we can assist you, contact Beliz Law Firm today to schedule a free case review.

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