Car Accidents Archives - Page 2 of 5

What to Do If You Are in a Bus Accident in California

Jul 27, 2024 | By Michael Beliz | Read Time: 3 minutes

Being involved in a bus accident in California can be a traumatic and confusing experience. Understandably, victims have many questions after an accident, including what happens if a bus hits your car. Knowing what to do if you are in a bus accident is essential to protect yourself and your legal rights. This post will provide clear steps if you got hit by a bus, helping you confidently navigate the subsequent claims process. Step 1: Ensure Safety First Your primary concern should be safety in the immediate aftermath of a bus and car accident. Assess your surroundings and your physical condition. If it’s safe to do so, and you can move away from traffic and any potential hazards like leaking fuel or broken glass. Help others if you can, but remember to avoid moving anyone severely injured unless there is an immediate danger, as this could exacerbate their injuries. Step 2: Call for Emergency Assistance Once you’ve secured your safety and that of others, if possible, dial 911. Getting hit by a bus is serious, and reporting the accident to the authorities is crucial. Emergency services will provide the necessary medical care and secure the area. The arrival of the police is also important as they will document the scene, which is essential for insurance claims and potential legal actions. Be prepared to provide details about the accident, including the location and any injuries known at the time. Step 3: Document the Accident Scene After ensuring that help is on the way and you are in a safe location, start documenting the accident scene. Use your phone to take clear photographs of the entire scene, focusing on the bus, any other vehicles involved, and relevant road conditions. Capture images from different angles and include any visible damages and injuries. If safe, take note of the bus number, route information, and any signage or traffic signals nearby. Additionally, if there are witnesses, ask for their contact information—they could provide valuable testimonies later. Remember, these details can be crucial for your insurance claim and any legal action you decide to take. Step 4: Exchange Information While you should not discuss the details of the accident or admit fault, it is important to exchange contact and insurance information with all parties involved. Obtain the bus driver’s name, license number, and insurance details. Also, gather information from other drivers if there are multiple vehicles involved. If the accident involves a city bus, note down any identifying details of the bus and the contact information for the transit authority. This step is vital for ensuring all relevant parties are documented for future reference in your case. Step 5: Get Medical Attention Even if you do not feel immediate pain or see visible injuries, it is crucial to seek medical attention after a bus accident. Some injuries, such as soft tissue damage or internal bleeding, may not show symptoms immediately. Visit an emergency room or your primary care physician as soon as possible. Ensure that all medical evaluations and treatments are documented thoroughly. These records will be vital for your health recovery and as evidence of your injuries in legal claims or insurance settlements. Step 6: Notify Your Insurance After addressing immediate health concerns, contact your insurance company to report the accident if applicable. It’s essential to do this promptly, as most insurers have deadlines for when you need to report an accident. You may receive contact from another party’s insurance company. You can confirm the facts of the incident but refrain from making any statements about comparative liability or how the accident happened. These discussions should be handled by an attorney to avoid any statements that could be used against you in the claim process. Step 7: Consult with a Personal Injury Attorney Understanding what to do after a bus accident can be confusing, especially in an accident involving municipal transportation services. Consulting with a personal injury attorney who focuses on bus accidents is crucial. An experienced attorney can provide you with guidance on what to do if you are in a bus accident, help you understand your legal options, and represent your interests in dealings with insurance companies and legal proceedings. They will protect your rights and fight for adequate compensation for your injuries and losses. Contact The Beliz Law Firm If you have questions about what happens if a bus gets in an accident, please get in touch with The Beliz Law Firm. These accidents can have significant repercussions on your health and legal rights. Our experience handling complex bus accident cases ensures you receive the support and guidance needed to navigate this challenging time. Contact us today to discuss your case and explore your legal options. Let us put our nearly two decades of legal experience to work for you.

Car Accidents

California Dram Shop Law

Jul 6, 2024 | By Michael Beliz | Read Time: 5 minutes

Wondering whether you can hold a bar or restaurant liable after a drunk driving accident in California? That’s where the California dram shop law comes in. Unlike some other states, California has limited dram shop liability, meaning alcohol vendors are typically not responsible for the actions of intoxicated patrons—except in specific cases involving minors or clear negligence. If you or a loved one were injured by a drunk driver, it’s crucial to understand how dram shop laws affect your right to pursue compensation. At The Beliz Law Firm, we guide victims in navigating California’s complex liability laws to help determine who can be held accountable and how to build a strong personal injury claim. Choosing to drive after consuming alcohol is a terrible decision. Unfortunately, it is a decision people make every day. Driving while intoxicated impairs judgment and makes reflexes sluggish, increasing the risk of an accident. Many states have adopted dram shop liability laws to prevent these tragedies. Dram shop laws aim to hold establishments responsible for serving too many alcoholic beverages to a patron or for serving an already intoxicated patron. California dram shop laws are complicated. In the past, they aggressively targeted establishments, providing an opportunity for victims injured in accidents caused by intoxicated persons to sue the establishment that served the alcoholic beverages. However, the California legislature has primarily repealed this law, leaving only a tiny exception regarding serving alcohol to minors. The Beliz Law Firm is well-informed of all legal updates about California dram shop laws. If you have been injured in an accident caused by an intoxicated person, contact one of our attorneys to see if you are legally able to sue the establishment or host who served the alcoholic beverages. What Is a Dram Shop Law? First, what is a dram shop? A dram shop is an establishment that sells alcoholic drinks. Common examples include bars, restaurants, clubs, and lounges. A dram shop law is implicated whenever: For a typical example, suppose John goes to Tavern ABC, and the bartender serves him excessive amounts of alcohol, even though it is clear John is drunk. John then drives home, and because the alcohol impairs his cognition, he runs a red light and hits another car. Jane, the driver in the other vehicle, is severely injured. Jane can file a dram shop claim against Tavern ABC, who overserved John. This example describes how the dram shop liability laws used to be in California. However, the law now favors establishments over injured victims. Who Can Be Sued in a Dram Shop Case in California? Under California’s current dram shop liability law, the establishment no longer bears the responsibility to monitor the alcoholic intake of its patrons. Individuals are responsible for monitoring their alcohol intake. There are now only two legal exceptions, and they both involve serving alcohol to minors. Apart from these exceptions, the new law eliminates a dram shop’s liability in California. Examples of Dram Shop Liability in California The following are hypothetical examples of dram shop liability cases. Example 1 John is 40 years old. He visits the ABC Tavern after work and has too many alcoholic beverages. John leaves the tavern intoxicated. While driving, he runs through a stop sign and hits motorcyclist Tom—breaking both his legs. Because of California’s limited dram shop liability, Tom cannot bring a claim for his injuries against Tavern ABC. He can, however, sue John. Example 2 Jane is 17 years old. She visits the ABC Tavern. Chris, the bartender, serves her too many drinks, and Jane becomes intoxicated. She later starts a fight in a bar and injures Diane. Under California law, Diane would likely be able to sue Chris. This example illustrates the exception to the dram shop repeal. A person licensed to sell alcohol can be liable for the injuries an obviously overserved and intoxicated underage patron causes. Because Jane was below the drinking age, Chris—but not ABC Tavern—could be held responsible for the injuries Diana suffered. Example 3 John and Jane threw their 16-year-old daughter a birthday party with her classmates at their house. John and Jane serve alcohol at the party. One of the party attendees, Tom, becomes intoxicated at the party. As he drives home, he hits a bicyclist. John and Jane can be liable as social hosts for Tom’s injuries because they served alcohol to individuals whom they knew were minors. Is There a Difference Between a Social Host Liability Law and a Dram Shop Liability Law? Yes. Sometimes, social host liability and dram shop liability are used interchangeably. However, social host liability refers to liability for serving alcohol in a non-commercial setting, such as a party at a personal residence. On the other hand, dram shop liability refers to the liability for serving alcohol at a place of business, such as a bar or restaurant. Talk to The Qualified California DUI Accident Attorney If you or a loved one was injured in an accident caused by an intoxicated individual, contact The Beliz Law Firm. Founder Michael A. Beliz can analyze your case to determine your eligibility for compensation. He has 18 years of legal experience and has secured millions of dollars for his clients. Contact our office now for a free case evaluation. FAQs About California Dram Shop Law What is the California dram shop law? The California dram shop law limits the liability of bars, restaurants, and social hosts when someone they served alcohol to causes an accident. In most cases, alcohol vendors are not held responsible for a drunk driver’s actions, with a few key exceptions. Can I sue a bar for over-serving a drunk driver in California? In general, no. Under California Civil Code Section 1714, bars and alcohol vendors are not liable for damages caused by someone they served alcohol to, unless they served a clearly intoxicated minor under the age of 21. Are there any exceptions to California’s dram shop law? Yes. The primary exception is when an establishment knowingly serves alcohol to a...

Car Accidents

Can an Auto Accident Settlement Exceed the Policy Limit in California?

Jan 9, 2024 | By Michael Beliz | Read Time: 6 minutes

Can a Car Accident Settlement Exceed the Policy Limit? Yes, it is possible for a car accident settlement to exceed the at-fault driver’s policy limits, but it can be challenging. When the damages from a car accident—such as medical bills, lost wages, and pain and suffering—are greater than the limits of the at-fault driver’s insurance policy, victims must explore other options for compensation. These options might include leveraging their own insurance coverage, filing a lawsuit, or negotiating with the insurance company to open the policy limits. Even though, as a whole, people drove less in 2020 and 2021 due to the pandemic, auto accidents were unfortunately widespread. Distracted driving accounted for approximately 14% of all car accidents resulting in injuries in 2020, according to the National Highway Traffic Safety Adminstration (NHTSA). Also in 2020, over 1,100 people lost their lives due to alcohol-related car accidents in California. NHTSA estimates that in 2021, over 4,000 lost their lives in a traffic accident. Car insurance serves to help make sure that a crash victim receives a minimum amount of compensation for their injuries and damages. But what if the damages are more than the insurance policy limit? Can an auto accident settlement exceed the policy limit in California? California Insurance Policies and Limits California has special laws when it comes to car insurance. By law, individuals can carry traditional motor vehicle insurance or provide proof of financial responsibility in lieu of insurance. This allows individuals flexibility to choose how they would like to cover car accident liability. Additionally, it protects the public by requiring individuals to secure a method to compensate car accident victims for losses. Types of California Insurance Policies California allows drivers to carry the following types of liability policies: Some individuals may qualify for a low-cost insurance program. This program improves access to insurance coverage to individuals who can’t afford traditional car insurance. In return, however, the policy limits and coverage are less than those of traditional insurance. California Insurance Policy Limits California’s drivers must provide evidence of the following minimum amounts of financial responsibility in case of an accident: If the individual carries a low-cost automobile insurance policy, the following limits apply: These are the minimum amounts of coverage that California’s drivers must carry or bear responsibility for. But drivers can opt to take out policies with higher coverage amounts. Can an Auto Accident Settlement Exceed the Policy Limit in California? It depends. Part of the insurance contract is that the driver agrees to pay the insurance company X amount in exchange for the insurance covering losses totaling X amount or less. Typically, insurance policies and limits represent the highest amounts that the insurance company may agree to pay if there’s an accident. In California, you have to give the at-fault insurance company one opportunity to resolve the claim within their limits by sending over enough information to show the limit amount should be tendered. If the insurance company disagrees and does not pay, then the insurance policy limit is open. You can still negotiate with the insurance company and at-fault parties to reach a settlement agreement that works for everyone. Additionally, if you have underinsured motorist coverage, your insurance company may cover some of your damages. Having an experienced auto accident lawyer to help you increases your chances of recovering. The Beliz Law Firm helps people like you negotiate with the insurance company. We’re not afraid to go to court to help victims and their families get the compensation they need and deserve. What Are My Options If My Damages Exceed the Insurance Policy Limits? Some car accident injuries like traumatic brain injury can incur a lifetime cost for medical treatment of thousands to over $1 million dollars. Aside from medical costs, you or your loved one may be missing out on wages, enduring pain and suffering, and going through other hardships because of the accident. Do you have options? If you’re unable to negotiate a suitable settlement outside of court, filing a lawsuit may be your best option. If you go to court, the money award you receive isn’t limited by the insurance policy limits. California’s personal injury damages laws set how much you can receive from the at-fault party or parties. Under California law, you may be entitled to full, fair, and reasonable compensation for the damages that the at-fault party caused. This includes direct damages, like to your car and your body during the accident. Additionally, you may receive compensation for the harm to you, your life, and your family because of the accident. In other words, compensation for your pain and suffering and lost wages. Unfortunately, just because a court may award you damages does not mean you will be able to collect them. Underinsured drivers often lack the resources to pay a judgment. Your attorney can investigate to help you determine whether filing a lawsuit will be worthwhile. If you have uninsured/underinsured motorist coverage on your own insurance policy, you can make a claim with your own insurance company up to the limits of that policy. A lawyer can help you navigate claims with both the at-fault driver’s insurance company and your own insurance company. Hiring a knowledgeable and trustworthy auto accident lawyer helps you maximize the recovery you receive. Challenges in Securing High Settlements Pursuing compensation that exceeds policy limits in California is not straightforward. Insurance companies often resist paying beyond policy terms, and proving that a case merits a higher settlement requires a meticulous presentation of evidence. Proving Damages Beyond Policy Limits: To justify compensation beyond policy limits, victims must demonstrate the full extent of their losses. This often includes: Despite presenting strong evidence, negotiating with insurance companies can be challenging. Insurers may undervalue claims or deny them outright. In such cases, an experienced attorney can negotiate aggressively or escalate the matter to litigation, where a court may order the at-fault party to pay additional damages. The Role of Experienced Legal Representation: Hiring a skilled personal injury lawyer is crucial....

Car Accidents

What Is the Average Settlement for a Drunk Driving Accident in California?

Oct 16, 2023 | By Michael Beliz | Read Time: 6 minutes

Overview of Drunk Driving Accident Settlements in California If you were hit by a drunk driver in Long Beach, CA, you’re likely wondering: what’s the average settlement I can expect? The trauma of the accident, mounting medical bills, lost wages, and emotional distress can feel overwhelming. You need clear answers and a guide who understands the legal system and can help you recover what you’re owed. At The Beliz Law Firm, we help injury victims like you navigate the complex process of filing a drunk driving accident claim. In Long Beach, the average settlement for being hit by a drunk driver can vary widely, but understanding the key factors—like injury severity, liability, and insurance limits—can help you set realistic expectations and build a stronger case. Let us walk you through what you need to know and how to take the next step toward justice and recovery. Drunk driving remains a serious public safety problem in California. According to the most recent data from Mothers Against Drunk Driving (MADD), more than 1,000 people were killed in DUI crashes in the state in 2017. Many thousands more innocent victims suffered severe, even life-changing injuries in wholly avoidable DUI accidents. When a drunk driver hits you, it is a trying experience, especially if there are serious injuries. As you recover from injuries, it is natural to think about recovering compensation from the drunk driver who hit you. You have to consider medical bills, rehabilitation costs, missed work, and more. The truth is, there is no true ‘average’ drunk driving accident settlement amount because each claim is different and unique. If you were injured by an intoxicated driver, your potential settlement will vary based on the severity of your injuries and circumstances surrounding your case. Your DUI accident settlement can include compensation for pain and suffering, lost earning capacity, and reimbursement for medical bills. At The Beliz Law Firm, our top-rated Long Beach, CA drunk driving accident lawyer is standing by, ready to fight for your rights. Car accident lawyer Michael Beliz can help you understand what your case is worth. Consultations are always free – reach out today. Average Settlement for Drunk Driving Accidents in California After an injury in a car accident, the driver at fault for the accident may be liable for your injuries. In some cases, the person that caused the accident was driving under the influence. If that happens to you, there is a good chance the other driver owes you compensation. Settlement After Getting Hit by a Drunk Driver: Key Factors An accident involving a drunk driver can often yield a higher settlement or judgment than a case in which the driver at fault was not impaired. However, the value of any personal injury or wrongful death claim depends on the case. Is There a Normal Drunk Driving Personal Injury Settlement? There is no “normal” settlement for car accident injuries caused by a drunk driver. In California, some personal injury awards are more than a million dollars. Other cases settle for under $10,000. The compensation owed in your personal injury case depends on many factors. They include the severity and permanence of your injuries, the economic loss you suffered, and the degree of comparative fault. The defendant’s insurance coverage and ability to pay will also play a large role in the value of a settlement. How Do We Calculate Damages in Drunk Driving Accident Cases Whether you were rear-ended by a drunk driver or involved in a head-on collision, settlement calculations will depend on two kinds of damages in personal injury cases: compensatory damages and punitive damages. Compensatory damages compensate an injured person for his loss. We categorize these into economic (special) and non-economic (general) damages. Punitive damages (also called exemplary damages) punish the defendant for extreme neglect or bad behavior. To award punitive damages, California law requires the defendant must have “willfully and deliberately failed” to avoid the known consequences of his negligence. Not every drunk driving personal injury case will include punitive damages. In some cases, however, juries have awarded millions of dollars in punitive damages to the families of those killed by an intoxicated driver. How to Maximize Your Compensation After a DUI Accident in California DUI settlements often provide compensation for both economic and non-economic damages. Whether you are seeking compensation for direct economic losses — such as medical bills, lost wages, etc — or you are seeking compensation for non-economic damages — such as pain and suffering, disfigurement, or emotional distress — it is crucial that your damages are properly documented and effectively presented. Ultimately, compensatory damages must be tied to your losses. To obtain compensation through a settlement or personal injury verdict, your claim should be carefully documented with strong supporting evidence either through receipts, bills, photos, etc. Indeed, the key to obtaining successful results in the personal injury settlement process often lies in the evidence. Notably, the large insurance companies that typically defend DUI accident claims have a well-established reputation for being highly aggressive. It is rare that these insurers will lead with their best and final settlement offer at the beginning of the negotiation process. Their fundamental goal is to settle drunk driving accident claims for the lowest amount possible and as quickly as possible. Insurers train their representatives to look for any information that they can use against plaintiffs in order to reduce a personal injury settlement. For this and other reasons, it is highly recommended that you deal with the insurance company through your attorney. Your attorney will make sure that your interests are protected. When Can You Recover Punitive Damages in a California DUI Accident Case? Punitive damages will only be awarded in cases where there was gross negligence or extraordinarily reckless misconduct by the defendant. In DUI accident cases, California courts are instructed to look to the state’s statutes on punitive/exemplary damages (Civil Code § 3294). What is notable is that California requires plaintiffs to present ‘clear and compelling’ evidence in seeking punitive damages. This is a...

Car Accidents

Motorcycle vs. Car Accident: Similarities and Differences

Oct 13, 2023 | By Michael Beliz | Read Time: 3 minutes

Traffic accidents are unfortunate no matter the circumstances, especially when they result in severe, life-threatening, or even deadly injuries. Motorcycle and car accidents fall under two distinct categories among the various potential accidents. It likely doesn’t shock most people to know that motorcycles are far more dangerous than most vehicles. However, this does not necessarily mean that you will recover more compensation after a collision with a motorcycle vs a car accident. Each accident differs in terms of causes, damages, and legal implications. Car vs. Motorcycle Accident Statistics When looking at the statistics of motorcycle crashes and crash-related fatalities, it’s alarming to see how many involve motorcycles. Over the past couple years, Insurance Information Institute (III) statistics show that the occupant fatality rate was 10.79 for every 100,000 registered cars and 60.03 for every 100,000 registered motorcycles. These figures show the risk of a fatal crash was almost six times higher among motorcycle riders. Another alarming difference can be seen when comparing the fatality rate in proportion to the miles traveled. The III estimates that the fatality rate for motorcycles is 25.67 for every 100 million miles traveled, which is shocking compared to the mere 0.67 for passenger cars. Causes of Motorcycle and Car Accidents A common cause of both motorcycle and car accidents is human error. Human error could be distracted driving, speeding, impaired driving, or failing to obey traffic rules. For motorcycle accidents, additional factors can contribute to the cause, such as lane splitting, lack of visibility, and the smaller size and maneuverability of motorcycles. Additionally, due to the fundamental differences in size, weight, and maneuverability, motorcycles and cars handle differently on the road. Motorcycles are more susceptible to loss of control due to road hazards, potholes, or uneven surfaces, which can cause an accident. In contrast, cars are relatively more stable but are prone to rollovers, especially during high-speed collisions Damages in Motorcycle and Car Accidents Regarding a personal injury case, the more severe injuries a rider or driver sustains, the higher the damages and the more compensation the individual may recover. A significant distinction between motorcycle and car accidents is the level of protection offered to the individuals involved. Car occupants benefit from the safety features such as seat belts, airbags, and the vehicle’s structural integrity. On the other hand, motorcyclists are exposed to direct impact with the road, other vehicles, or roadside objects, leading to a higher likelihood of fractures, head injuries, spinal cord injuries, or even fatalities. Car accidents can also cause significant injuries, but the safety features in cars often provide more protection for the occupants. The greater risk to motorcyclists tends to correlate with higher injuries. Property damage is another factor considered in a personal injury recovery. Motorcycle and car accidents can both result in property damage. However, due to the size and weight difference, car accidents may lead to more substantial damage to the vehicles involved. At the same time, motorcycles are more prone to complete loss, especially in high-speed collisions. Legal Options for Car Accidents VS Motorcycle Accidents In California, the legal options for motorcycle and car accidents share some similarities, but there are also distinct considerations. Motorcycle riders in California must carry liability insurance, just like car drivers. However, the insurance coverage for motorcycles may differ from that of cars due to the increased risk associated with motorcycles. Additionally, California has specific laws and regulations pertaining to motorcycles, such as helmet requirements for riders. These unique laws could impact liability and the legal options available for motorcyclists involved in an accident. Lastly, California follows a comparative negligence system, meaning an insurance company or jury can apportion fault among multiple parties involved in an accident. There is a perceived bias against motorcyclists due to certain stereotypes associated with motorcycle riders. The bias could mean the insurance company or jury might award a motorcyclist an unfair percentage of fault. So while the potential for greater damages exists in a motorcycle accident case, it could be offset by the rider’s contributory negligence or perceived bias against them. That’s why it’s in the best interest of a motorcyclist to gather strong evidence and seek legal representation to protect their rights. California Accident Lawyer If you are a motorcycle or car accident victim and would like to pursue legal action against an at-fault party for damages, we can help. Michael A. Beliz has handled hundreds of accident cases as an attorney for over a decade. You can be confident The Beliz Law Firm will handle your case professionally and as efficiently as possible. Contact us today!

Car Accidents

What Is the Average Settlement for a Rear-End Collision in California?

Jun 27, 2023 | By Michael Beliz | Read Time: 6 minutes

Payout for Rear-End Collisions in California Key Takeaway: Rear-end collisions in California can result in significant injuries and property damage, prompting victims to pursue personal injury claims. However, there’s no average payout for a rear-end collision in California due to the unique nature of each case. Factors such as the extent of injuries, economic losses, and non-economic damages influence the settlement. By seeking legal guidance, you can maximize your chances of receiving adequate compensation for your losses. Rear-end collisions are typically unexpected and can result in serious injuries and major property damage. California allows the victim of a rear-end crash to file a personal injury claim when the collision occurred due to someone else’s negligent or wrongful act. Every rear-end collision is different, so every rear-end crash settlement is different. Thus, there is no average rear-end collision settlement in California. The settlement for a rear-end crash will depend on a variety of different factors, like the extent of the victim’s injuries and their chances of a full recovery. Contact a California car accident attorney at Beliz Law today to discuss a fair rear-end collision settlement amount for your case. What Losses Count Toward a Rear-End Collision Settlement? In California, a personal injury judgment is designed to compensate you for the losses you suffered as a result of the at-fault party’s negligence. Therefore, it is impossible to calculate the average payout for a rear-end collision without reviewing the details of a case. After a rear-end crash, common economic losses include: Proving economic damages is relatively straightforward as long as you keep a record of the costs you incur due to the accident. Medical expenses can make up a large chunk of your economic losses. Thus, someone who suffers a more serious injury in a rear-end collision will likely incur more losses stemming from medical costs alone. In addition to economic damages, plaintiffs can recover non-economic damages in a personal injury claim. Non-economic damages represent a more abstract form of damages that aim to compensate you for things like: The abstract nature of non-economic damages makes them more confusing to understand and harder to calculate. Our team can consult with economic experts who can give an accurate market value for your losses to help calculate a fair settlement offer. What Is Considered a Rear-End Collision? A rear-end car accident occurs when a car collides with the vehicle in front of it. According to the National Highway Traffic Safety Administration (NHTSA), approximately 5,250,837 police-reported car accidents occurred throughout the United States in 2020, resulting in 2,282,015 injuries. Inevitably, some of these accidents are rear-end collisions. In the United States, there are more than eight million car accidents annually, with rear-end collisions accounting for about 41.6% of all accidents between two vehicles. Causes of Rear-End Collisions in California Though avoiding a rear-end crash may seem easy, they occur with alarming regularity. In many cases, rear-end collisions happen when one car is stopped or moving very slowly, and a second vehicle strikes it from behind. This scenario frequently occurs in high-traffic areas when drivers need to stop with little notice. Factors that may cause a rear-end collision include: The cause of the rear-end collision will help determine whether you can successfully recover through a personal injury claim. Even if you share some blame for the accident, you may still be able to recover. California applies the rule of pure comparative negligence to personal injury claims. That means even if you were partially responsible for the collision, you can still bring a personal injury claim against the other party and collect compensation. However, your recovery is reduced by your percentage of fault. For example, if the judge finds you 30% at fault for the accident and awards you $200,000, you will recover $140,000. How Can I Maximize My Rear-End Collision Settlement? No one anticipates a rear-end collision. As a result, many people think their hands are tied until they contact an attorney to review their case. However, there are a few steps you can take to maximize the amount of information you can provide your lawyer to build a case. Report Your Collision to Authorities You should contact law enforcement and request that an officer come to the accident scene as soon as possible. Someone else may contact law enforcement for you upon seeing the collision, but you should call 9-1-1 just in case. The police officer who responds to the scene will create an accident report that contains basic information about the crash and the officer’s impression of who caused the accident. Seek Treatment for Your Injuries If you suffer an injury in your rear-end accident, you should seek medical treatment immediately. Rear-end collisions can cause whiplash, which can result in injuries to your neck and spinal cord. In some cases, spinal cord injuries do not present themselves immediately. Thus, even if you do not see apparent injuries, you should still seek a medical evaluation to verify that you did not suffer a hidden injury. Additionally, you can start preserving documentation of your medical expenses with your first doctor visit. Collect Evidence from the Accident Scene The strength of your rear-end accident case will depend on what evidence your attorney can present to prove the opposing party’s fault. You can collect some of this evidence at the accident scene immediately after the collision. You may be able to collect the following information at the scene: Your attorney cannot recreate the accident scene once it gets cleaned up. That means the information you collect at the scene may be the best picture they get of the accident. Contact The Beliz Law Firm to Discuss Your Potential Rear-End Settlement Amount in California A car accident lawyer can help you recover a rear-end collision settlement that fairly compensates you for your financial losses. Our team of attorneys has years of experience handling car accident cases. Whether you are seeking a minor rear-end collision settlement or suffered a significant injury, the Beliz Law Firm is here for you. Contact...

Car Accidents

How Long Does It Take to Get a Settlement from a Car Accident in California?

May 2, 2023 | By Michael Beliz | Read Time: 4 minutes

How long does it take to get a settlement from a car accident in California? Unfortunately, there’s not a specific timeline or average timeframe it takes to negotiate a car accident settlement in California. There are many factors involved, and how long it could take for you claim to settle will depend on the unique elements involved in your case. If you have questions about how long a car accident claim takes to settle, don’t hesitate to get in touch with the legal team at Beliz Law Firm. How Long Does It Take to Settle a Car Accident Claim? The timeline to resolve a car accident claim varies from person to person. Individual factors mean your case could settle in two months or two years. Read on to learn more. Factors Impacting the Duration of a California Car Accident Settlement Some of the most influential factors in your case include the severity of your injuries, liability disputes, and insurance company negotiations. Here’s how each of these impacts your settlement timeline. Injury Type and Severity Your injuries play a significant role in how quickly your case might resolve. The more severe your injuries, the longer you are likely under a physician’s care. Severe injuries often involve lengthy recovery periods. Trying to resolve your case too early could result in missed compensation. Consider an example where you settle your claim but your doctor says you need additional surgery. If you have already settled and signed a release, you can’t go back and try to negotiate for more money. Severe injuries also translate to a greater amount of damages. The insurance adjuster will scrutinize your damages even more when your case could be worth a significant amount. Some adjusters prefer to take their chances with a jury rather than settle for a fair amount. Gathering Evidence Before negotiations begin, your attorney must gather evidence and documentation to support your claim. This evidence includes medical records, photographs, witness statements, and police reports. The time it takes to collect and review all necessary evidence will vary depending on the case’s complexity and the parties’ availability. A delay in obtaining essential evidence means negotiations will start later. Disputes Over Liability Liability disputes are a big hangup in most California car accident cases because California is a comparative negligence state. Your compensation will be reduced if you are partially at fault for the accident. The reduction correlates to your percentage of fault. That means the insurance company can save money for any additional liability they can attribute to you. In some cases, the parties involved in a car accident may dispute who is at fault. You’ll need additional investigation and evidence collection when the insurance company contests liability. Your attorney might need to hire an accident constructionist to confirm the mechanics of the accident. All this can extend the time it takes to negotiate a settlement. Insurance Company Negotiations In general, negotiations with insurance companies can be a lengthy process. Some insurance companies will use delay tactics or offer a lowball figure in hopes you walk away. Your attorney may need to present additional evidence, argue for a higher compensation amount, and engage in multiple rounds of negotiation before reaching an agreement. Litigation If you cannot reach an agreement on a fair settlement through negotiations, it may be necessary to file a lawsuit. Litigation can be time-consuming and may extend the duration of your case by several months or even years. Usually you have two (2) years from the date of the accident to resolve your case or file a lawsuit. There are incidents involving governmental entities that may shorten the time to six (6) months or accidents involving a minor child that could lengthen the statutory time to two (2) years past the age of 18 years old. Once in litigation with the courts, the time may take another year or more to resolve the conflict between you and the other’s insurance company. Once You Settle: Receiving the Check Receiving payment will still take a few weeks or more. First, you have to receive and sign the release of all claims. The insurance company will process it and then issue the final settlement check. If you have an attorney representing you, the settlement check will be sent to your attorney. Before you receive your portion of the settlement, your attorney will deduct their fees, any liens, and other case-related expenses. Your attorney should provide you with a detailed statement outlining these deductions. Once all costs and liens are satisfied, your attorney will send you the remaining proceeds. What to Do If It’s Taking Too Long to Receive Your Car Accident Settlement? If you’re asking, Why is my car accident settlement taking so long? you aren’t alone. Even once you settle, insurance companies can delay the process. That’s one of the many reasons we recommend hiring a California car accident lawyer. If you feel that your case is taking an unreasonably long time to resolve, remember to: If you still need to find an attorney, start researching now. You have only limited time to file a lawsuit in California. Questions About How Long Your Car Accident Case Will Take to Settle? Contact The Beliz Law Firm When you’re injured in a car accident, consider hiring a skilled lawyer that handles car accidents. If you’re researching answers to questions like, How long does it take to get a settlement from a car accident in California? contact Beliz Law Firm. Attorney Michael Beliz has nearly two decades of experience assisting injured victims in California. He knows insurance companies’ tactics to delay settlement and undervalue your case. Let our firm protect your rights and help you obtain fair compensation as quickly as possible. Schedule an initial consultation to learn more.

Car Accidents

Average Herniated Disc Settlement From a Car Accident in California

May 2, 2023 | By Michael Beliz | Read Time: 4 minutes

What is the average herniated disc settlement from a car accident in California? Experiencing a herniated disc due to a car accident can bring a wave of challenges, and determining the average settlement adds another layer of complexity. You’ll find a wide range of median and average estimates for a herniated disc settlement. Yet, your unique case factors, such as the severity of injuries, might tilt the scale differently. It’s not just about numbers; it’s about recognizing the intricate nature of your situation and the potential lifelong impact on your well-being. Herniated disc pain from a car accident can be life-altering. While some herniations are minor, others involve excruciating pain and undergoing expensive medical treatments. Understandably, you want to know the average car accident settlement for a herniated disc. Unfortunately, there’s no set amount or average because every herniation differs. But there are a number of factors that can affect the value of your claim. What Is the Average Payout for Herniated Disc Injuries in California? It’s important to note that there’s no specific amount or average car accident settlement for a herniated disc. Each case is unique, and a variety of factors influence your compensation. While it may be tempting to compare your case to others or look for a general figure, it’s better to concentrate on calculating your potential case value. That’s where an experienced California car accident lawyer’s knowledge becomes invaluable. Instead of focusing on average settlement amounts, learn more about the factors that affect your case. Work with an experienced accident attorney to negotiate the best possible settlement. Factors That Impact a Potential Settlement for a Herniated Disc in a Car Accident The main factors that impact your claim include the severity of your herniation and expected outcome, your total damages, who’s liable, and the available insurance coverage. Let’s look more at how these factors impact your coverage. The Severity of Your Herniation As with other types of car accident injuries, the severity of your herniation impacts your potential case value. That’s because the more severe your injury is, the more your case is likely worth. A more severe herniation may require extensive medical treatment, including surgery, physical therapy, and medication. You might be unable to return to work for a few months and have residual pain and reduced mobility. Sometimes, a severe herniation may also lead to a permanent disability. To negotiate a higher settlement, you must provide documentation of your injuries, medical treatments, and any limitations you face due to your herniated disc. Liability Establishing liability in a car accident is critical in determining the settlement amount. California follows a pure comparative negligence standard. Your settlement will be less if you share any percentage of fault for the accident. For example, if you’re 20% at fault, you will receive only 80% of your damages. If you’re 80% at fault, you’ll only receive 20%. It’s crucial to gather and present evidence that proves the other party’s negligence, such as accident reports, witness statements, and photographs of the accident scene. Working with an attorney can be invaluable in building a solid case that establishes the other party’s liability. Otherwise, you could be missing out on the valuable compensation you deserve. Total Damages The total damages you have incurred significantly affect your settlement amount. Damages typically fall under one of two main categories—economic and non-economic. Economic damages include medical expenses, lost wages, and property damage, while non-economic damages cover pain and suffering, emotional distress, and loss of enjoyment of life. Keep detailed records of all damages and work with an attorney to ensure the other driver’s insurance adjuster considers all related expenses. Available Insurance Coverage The amount of insurance coverage available can also impact your settlement. In California, drivers must carry a minimum amount of liability coverage. However, this might not be enough to cover all your damages. It won’t matter if you have $100,000 in damages if the other driver has only $25,000 in liability limits. If the at-fault party has limited coverage, you may need to explore other options, such as filing a claim with your insurance company under your underinsured motorist (UIM) policy. In some cases, you may also need to pursue a personal injury lawsuit against the at-fault driver to recover additional compensation. However, this is not typically recommended as most people won’t have personal assets that could satisfy a court judgment. How Much of a Settlement to Expect for a Herniated Disc? Calculating damages is a tricky part of any car accident settlement, which is why we strongly suggest hiring an experienced lawyer. Non-economic damages are subjective, leading to wildly different calculations between insurance adjusters and injured victims. One of the best ways to anticipate what the insurance company might offer is to understand the settlement calculators most companies use. Per Diem Method The per diem method can determine a settlement amount for non-economic damages, such as pain and suffering. Under this method, adjusters assign a specific dollar amount to each day you experience pain and suffering due to your herniated disc. This daily rate, or “per diem,” is multiplied by the total number of days you suffered to arrive at a value. The per diem rate is often your daily salary. Multiplier Method Another standard method is the multiplier method. Economic damages (such as medical expenses and lost wages) are multiplied by a factor, typically ranging from 1.5 to 5, to account for non-economic damages like pain and suffering. The specific multiplier correlates to the severity of your herniation and the impact on your quality of life, with five being the most serious. Contact Beliz Law Firm For Help With Your Herniated Disc Settlement in California If you have questions about your car accident settlement for a herniated disc, please get in touch with the experienced legal team at Beliz Law Firm. Attorney Michael Beliz has years of experience successfully helping clients get the compensation they deserve for car accident injuries. We understand the serious nature of herniations and potential problems...

Car Accidents

California Distracted Driving Laws

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

Key Takeaway: California’s laws prohibit drivers from using handheld devices while operating a vehicle, with strict regulations on texting and talking on cell phones. Victims of distracted driving accidents may pursue compensation for economic and noneconomic damages, including punitive damages if clear evidence of malice, oppression, or fraud is present. 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. Contact Us for a Free Consultation 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.

Car Accidents

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