What are the Laws in California Regarding a Pedestrian Hit by a Car?

Oct 23, 2018 | By Michael Beliz | Read Time: 3 minutes

You’re walking along a quiet street in Southern California, enjoying the sunshine and breeze, when an SUV suddenly comes around the corner and strikes you. The accident’s aftermath is a blur with flashing lights, paramedics, and questions you’re unsure how to answer. Fear, confusion, and pain set in. What happens now? What are your rights? If this has happened to you or someone you love, The Beliz Law Firm team can explain what you need to know about California pedestrian accident laws and what steps to take on your journey toward recovery and justice. California’s Protections for Pedestrians As pedestrian fatalities have continued to rise since 2021, prioritizing pedestrian safety is a top goal in California. Pedestrians are among the most vulnerable road users, so the state has set clear rules for drivers and pedestrians to ensure their safety. Driver’s Duty of Care California drivers approaching a pedestrian in any marked or unmarked crosswalk must exercise due care, including: Failing to adhere to these rules constitutes negligence, making the driver legally responsible for any harm caused. Pedestrian’s Responsibilities California pedestrian accident laws prioritize pedestrian safety. However, pedestrians must also exercise a reasonable degree of caution. They may not: Both parties share a duty of care, and California law emphasizes mutual respect on the roads to prevent accidents. Pedestrian Rights: What Happens If a Pedestrian Gets Hit by a Car When a pedestrian is hit by a car, the law allows them to hold the negligent driver accountable. The consequences of being hit by a vehicle can be devastating. Medical bills and lost wages can quickly add up while you are recovering, leading to overwhelming physical, emotional, and financial stress. However, understanding your rights can help level the playing field. Proving Negligence To win a personal injury lawsuit, the injured pedestrian must establish negligence on the driver’s part. This typically involves showing that the driver: Negligent actions can include: An attorney can gather evidence such as traffic camera footage, witness testimony, and expert evaluations to support your claim. What Type of Compensation Is Available for Injured Pedestrians? Under California law, you may recover damages for: Act quickly. California’s statute of limitations for personal injury claims is generally two years from the accident date. Delaying too long may put your chances of receiving compensation at risk. What to Do After a California Pedestrian Accident Taking the following steps can help protect your rights in a pedestrian accident: Taking these steps safeguards your rights and helps ensure you receive the compensation you deserve for your injuries and losses. Find Your Footing Again with The Beliz Law Firm The path forward can feel uncertain when you’ve suffered an injury as a pedestrian. You may wonder how you’ll pay your medical bills, when you’ll recover, or whether the driver will face consequences. At The Beliz Law Firm, we stand ready to help you regain control. Our team brings years of experience handling pedestrian accident cases across Southern California. We understand the laws, the tactics insurance companies use to minimize claims, and the profound impact these accidents have on victims and their loved ones. Contact us online or call us today for a free consultation and take your first step toward justice. Resources:

Car Accidents

Who is Responsible for Uber or Lyft Accidents in California?

Sep 26, 2018 | By Michael Beliz | Read Time: 3 minutes

For immediate help from an experienced car accident lawyer, reach out to Michael Beliz today. California is a “fault” state, meaning that drivers who cause accidents are financially responsible for them. Injured victims can make a claim for compensation with the at-fault driver’s insurer for things like medical care, lost wages, and pain and suffering. These same rules apply if you are struck by an Uber or a Lyft driver, or if you are a passenger in an Uber or Lyft. Sometimes the driver responsible does not have any insurance, or they do not have enough to cover the full cost of your injuries. In these situations, you will need to check whether uninsured/underinsured motorist (UM) coverage is available. Below, let’s look at some common scenarios. You are Injured as an Uber Car Accident Passenger Here, the driver responsible for the crash is responsible for compensating you. This might be your Uber/Lyft driver or it might be another motorist who struck you. Either way, you will make a claim with the responsible driver’s insurance company. Currently, the amount of Lyft or Uber passenger insurance is $1 million, which should certainly cover your injuries. Things can get tricky, however, if another motorist struck you but is uninsured. Helpfully, your ridesharing company should have underinsured motorist insurance for $1 million, which will kick in to cover you. You are Struck by an Uber or Lyft Driver In this situation, the Uber or Lyft driver is responsible for your injuries. It doesn’t matter whether you are another motorist or a pedestrian. In an Uber or Lyft driver car accident, you make a claim with the driver’s insurance. However, the amount of insurance available will depend on whether the driver was logged in the ridesharing app and whether they were actually transporting a ride: If the driver was not logged into the app, then the only insurance available is the personal insurance they carry on their vehicle. This is really no different than being struck by a person who doesn’t drive for Uber. Hopefully, the driver should have the minimum liability insurance required by California, which is $15,000 per person in bodily injury liability. If not, you might be able to use your uninsured/underinsured motorist coverage, if you have it. If the driver was logged into the ridesharing app and looking for rides when they struck you, then the Uber driver should have at least $50,000 in liability insurance up to $100,000 per accident and another $30,000 in property damage. Uber also carries $200,000 in excess liability coverage. If the driver had accepted a ride when he or she hit you, or if they actually had passengers with them, then the maximum amount of insurance applies. Uber drivers should have $1 million in liability insurance and another $1 million in uninsured/underinsured motorist injury coverage. You are an Uber/Lyft Driver Struck by Another Motorist In this case, you need to make a claim for compensation with the at-fault driver’s insurance company. You should get this information soon after the crash and report the accident to the Department of Motor Vehicles, as is required by state law. Confused after an Uber or Lyft Accident? Reach Out to Us Today Injured motorists and pedestrians need compensation to help them piece together their lives after an accident. At the Beliz Law Firm, we are well-versed in the complexity of Uber and Lyft car accidents and understand who you need to file a claim with. In this difficult time, you should focus on getting well and being with your family. Let us do the heavy lifting of obtaining the compensation you deserve. To schedule a free consultation with one of our attorneys, please call us as at 562-452-3772 or send us a private message. Please avoid delay. Injured victims have a limited amount of time to make a claim after an accident.

Car Accidents

Serious Car Accident Injuries You May Face After a Crash

Aug 18, 2017 | By Michael Beliz | Read Time: 3 minutes

After a car crash, the extent of injuries that you may incur depends on different factors. What position were you in when the crash occurred? How fast were the vehicles traveling at impact? What was the angle and position of the crash? Were you wearing a seatbelt? These factors will impact the extent of your injuries. Serious car accident injuries are most common in head-on collisions, when occupants are not wearing seatbelts, or when vehicles are traveling at high speeds. Some of the most serious car accident injuries include: Spinal Cord Injuries The spinal cord is one of the most important and most delicate systems in the body. It is responsible for transmitting messages between the brain and other systems. It is thanks to your spinal cord that you can walk, pick up a book, or even control when you go to the bathroom. The spinal column protects the spinal cord. It is a collection of vertebrae that form the shape of your spine. While these vertebrae are very strong, an accident can cause serious trauma. Damage to vertebrae can be serious enough to affect the spinal cord. If the accident impacts the spinal cord, the result is permanent partial or complete paralysis. Traumatic Brain Injuries Another type of serious injury that car accident victims may face are traumatic brain injuries or TBIs. There are multiple types of traumatic brain injuries. This type of injury may occur from several types of collisions, including: A hard hit directly to the head Violent shakes or whipping back and forth Oxygen deprivation (less common in car accidents) Cuts or lacerations from contact with sharp objects. Some traumatic brain injuries will heal with time. Others will leave a victim with long-term complications. This may affect cognition, memory, learning, sensation, speech, and emotions. Serious Injuries to Extremities A person may also suffer serious injuries to their extremities as a result of a car accident. Soft tissues injuries, fracture injuries, and amputation injuries can all be very serious, and may permanently impair a person’s mobility. An injury to an extremity may also cause permanent nerve damage, weakening or paralyzing the affected part of the body. Back Injuries One of the most common types of car crashes is to the rear of your vehicle. Rear end car accidents may shake you backward and forwards. This pushes your body against the seat and seatbelt and can injure your back. This forceful movement may cause disc bulges and protrusion to your spinal column. If the bulges and protrusions are too severe for physical therapy, the remedy may be epidural injections or surgery. Psychological Injuries Car accident victims are often very seriously injured, but they may also be psychologically injured too. Psychological injuries can be very challenging to live with. Depression, anxiety, and post-traumatic stress disorder can all be as limiting as physical injuries. Our Attorneys Are Here To Help You Seek Compensation A serious injury from a car accident can change your life. We know that nothing can give you back what you have lost. Hopefully, receiving a fair compensation amount can you with a small portion of what you need to improve your future. At the offices of The Beliz Law Firm, our Long Beach car accident attorneys care about you. You can schedule a consultation with our law firm, free of charge, by sending us a message.

Car Accidents

Car Accident Injury Symptoms You May Overlook

Aug 8, 2017 | By Michael Beliz | Read Time: 2 minutes

Car accidents can lead to traumatic injuries that are easy to detect. For example, a broken leg is not only incredibly painful but may even be evident to the naked eye. Similarly, a puncture wound or laceration is both painful to the victim and obvious for others to see. But not all car accident injuries have such evident symptoms. In fact, there are a handful of car accident injury symptoms that you might overlook. Consider the following injuries and their symptoms, and if you are in a car accident, be sure to see a medical professional as soon as possible. Concussions Concussions and other traumatic brain injuries (TBIs) can be difficult to diagnose. This is true because they are not painful to the victim. The symptoms can appear mild to both the victim and others. If you or someone you love has any of the following systems following a car accident, it could be a concussion or closed head injury: Headache; Ringing in the ears (tinnitus); Dizziness; Fatigue; Confusion; Nausea or vomiting; Slurred speech; Sensitivity to light; Depression; Crying; Trouble sleeping; and More – you can read a full list of symptoms at MayoClinic.org . Whiplash and Other Soft Tissue Injuries Soft tissue injuries may have few symptoms, especially when they first occur. It may take a day or two for the pain and discomfort of a whiplash injury to really set in. Some signs of a soft tissue injury may demand medical attention, but a car accident victim may dismiss as insignificant, include: Swelling; Bruising; Discoloration of skin at injury site; Muscle spasms; Muscle weakness; Limited mobility; and Pain. Post-Traumatic Stress Disorder and Other Emotional Disorders If you develop post-traumatic stress disorder (PTSD) or another emotional disorder following a car accident, it can be easy to dismiss the systems of these as “normal” or as “unrelated” to the crash. For example, feeling stressed about the claims process is standard. Being afraid to ever enter a car again, is not. And scary flashbacks are certainly not normal. You may dismiss symptoms like avoiding people or places, depression, lack of desire to do things you used to love, difficulty sleeping, feeling jumping, and being easily agitated. However, these symptoms could be indicative of something more serious that you should seek professional help for. Contact Our Long Beach Car Accident Attorneys After a Crash After a car crash in Long Beach or elsewhere, the most important thing that you should do is seek medical care. If you develop symptoms of a concussion, a soft tissue injury, or a psychological injury, do not hesitate to meet with a medical professional. Not all injuries are acute, traumatic, and obvious. Some injuries take the time to show themselves, but they are no less serious. At the offices of The Beliz Law Firm, our experienced Long Beach car accident attorneys want to help you recover the compensation award you deserve for all of your injuries. To learn more, contact us for a free consultation today.

Car Accidents

How Do You Handle a Back Injury After a Car Accident?

Jun 30, 2017 | By Michael Beliz | Read Time: 3 minutes

One of the most common areas of injury in a car accident is the back. Direct force may cause the injury. Or, the accident may snap the victim’s body in an unnatural position. Either way, the injuries are often serious. How you handle your back injury after a car accident will depend entirely on the extent of the injury. Some injuries may require taking it easier than normal (but never bed rest!) and mobility exercises. Others may require intensive surgeries and have permanent consequences, such as paralysis. In all cases, though, the following are smart steps to take if you have hurt your back in a crash– See a Doctor You should promptly see a doctor. Even if you’re back only hurts when in a certain position, you want to get checked out. Of course, if you need emergency attention, you will see a doctor immediately. Your doctor will diagnose your back injury using a variety of methods. These include physical examinations, x-rays, CT scans, MRIs, or other diagnostic tools. Go to Treatment Doctors usually prescribe the most conservative method possible to treat your back injuries. In many incidents, a doctor will first prescribe rest and pain medication. If the pains do not subside, the doctor may then send you to physical therapy or chiropractor. If the pains are more severe, your doctor may refer you out to an orthopedic or neurosurgeon. The specialist may need further diagnostic testing like an MRI of the cervical, thoracic or lumbar spines. The next most conservative treatment is a series of three epidural shots directly into the spine. The final type of treatment is surgery on the back. Follow Your Doctor’s Orders If your doctor recommends that you refrain from lifting heavy things for two weeks, do not go to the gym and attempt to deadlift. They may also suggest that you go to physical therapy twice a week Sign up and actually attend. Your doctor tells you that you can return to your daily activities as normal, but that you should pay attention to things that cause you pain. Follow these instructions closely and go back to the doctor if necessary. Not following your doctor’s orders is a bad idea for two reasons: First, your doctor is an expert. If you do not follow a prescribed treatment plan, your injury may not heal as fast as it would otherwise. Second, it can cause problems with your claim. The adjuster may argue that your injuries have worsened or failed to heal as a result of your own negligence. File a Claim and/or Lawsuit It is important that you notify the other person’s insurance company about the accident as soon as possible. You want to open your claim right away. A demand letter states why you deserve compensation. You need to serve this to the other person’s insurance company. It must include details about your back injury. And medical evidence should support your claim. Many back cases become very litigious due to the dispute of the causation of the injuries. Therefore, you may need to file a lawsuit in the court system so you may receive fair compensation for your injuries and pains. Hire an Attorney Your attorney can help you to gather the evidence that you need for pursuing a successful claim. They can write a demand letter to the insurance company and negotiate for a settlement amount. Working with an attorney improves your chances of recovering your maximum compensation award. At The Beliz Law Firm, our knowledgeable Long Beach car accident attorneys have experience handling back injury claims. We care about helping you to get the money you deserve after a crash. Whether your back injury is severe and expected to affect you for the rest of your life, or just serious enough to cause you pain and impair you from doing household chores for a short amount of time, we can help.

Car Accidents

How To Reject an Insurance Offer for a Car Accident

Jun 14, 2017 | By Michael Beliz | Read Time: 3 minutes

Getting help as soon as possible is important after a car crash. Personal injury lawyer Michael Beliz provides free consultations. Reach out today if you need help. Should I Accept the Insurance Company’s Settlement Offer? If you have been in a car accident and followed the proper procedures for filing a claim, then the next step is waiting for the car insurance adjuster to offer you a settlement. Settlement offers offer compensation for your injuries and damages. They also “settle” or “end” your claim. By accepting the settlement, you also release the insurer and driver from further liability. Most people assume they have no option but to accept an insurance company’s offer. Even if they think that it is lower than they deserve, they feel pressure to accept. However, this is not the case. In fact, rejecting the first settlement offer almost always happens. Here is what you need to know about how to reject an insurance settlement offer for a car accident– Step One: Determine What Your Accident Is Worth When you make a claim through the other party’s insurance company, you should know the claim’s value. If you have not met with a legal professional who can help you determine the value of your claim, now is the time to do so. You and your attorney should work together to determine the amount of compensation that you are willing to accept. To find this, you should calculate: Past and Future medical expenses; Lost wages and lost of earning capacity; Property damage; and Noneconomic damages (e.g. pain and suffering damages) you have suffered. Step Two: Make a Demand for Compensation in Writing You want to put all the details of the your accident and your losses in a writing. This writing is a Demand Letter, and should include the following: How the accident took occurred; Reason why the insurance driver is negligent for the accident; A summary of your damages; and Your demand amount. In addition to a Demand Letter, you want to put together a Demand Package. A Demand Package consists of documents to make your claim stronger. The documents should include the following: Traffic Collision Report; your medical records and bills; loss of earning receipts; and photos of the accident scene and your injuries. The point of the Demand Letter and Package is to persuade the other person’s insurance company to compensate you for your injuries. Step Three: Negotiate After the insurance adjuster receives your Demand Letter and Demand Package, they will likely contact you by either phone or mail. The insurance adjuster will accept the demand, reject the demand, or offer you a compensation amount lower than your demand amount. This is when the negotiations process begins. This is where you need to understand and know the value of your claim. When negotiating, you will always want to start out high since you will probably have to compromise and lower your demand during talks with the insurance company. You also need to know the minimum amount you will accept. Negotiations may last days, weeks, or even months. It depends upon the nature of your case and how much you are seeking. If you cannot reach a settlement agreement, you may have to engage in mediations with a third party. Finally, you may have to file a lawsuit and take your case to court. Again, you should work with an attorney during the negotiations process. An experienced attorney will bring negotiation skills to the table. They will represent you and speak on your behalf during the process. Our Law Firm Can Help You Reject a Low Settlement Offer It is common to receive a settlement offer that is lower than you expect. But you don’t have to accept that first settlement offer from the insurance company. Our law firm can help you to reject this offer and negotiate for one that matches the extent of your losses. Long Beach car accident lawyer Michael Beliz is ready to talk. Call us today at (562)452-3772 to schedule your free consultation.

Car Accidents

How Does Compensation Work for a Shared Liability Car Accident in California?

May 15, 2017 | By Michael Beliz | Read Time: 4 minutes

In California, the at-fault party for an auto accident is responsible for damages. The theory is straightforward in concept. However, it often becomes far more complicated in reality. There are many confounding factors that can make car accident liability difficult to calculate and assign. For example, what happens when two or more drivers share blame for the same crash? Here, our Long Beach car accident lawyers will discuss this issue and explain California’s comparative fault rules. California is a Pure Comparative Negligence State The History Prior to 1975, liability for California car accidents was assigned under an ‘all or nothing’ standard of contributory negligence. If a car accident victim was responsible for even a small part of their own crash, they could not pursue recovery. In the case of Li v. Yellow Cab Co., the Supreme Court of California issued the decision that dropped the ‘all or nothing’ standard. The Court replaced the old rules for pure comparative fault rules. Comparative Negligence Explained Negligence is the failure to take due care in the course of action. A driver can be negligent for many different reasons, from speeding to distraction. If a driver’s negligence contributed to a crash, then that driver is at least partially liable for the resulting damages or injuries. This is where comparative negligence rules come into play. California’s comparative negligence standard states that the percentage of fault defines liability. For example, imagine that two drivers collided in an accident on Interstate 405. In total, the crash caused $100,000 of damage. After assessing the case, a Jury finds one driver at-fault for 90 percent of the accident. The second driver is responsible for the remaining 10 percent. In this circumstance, the first driver would be liable for $90,000 worth of damages. The other driver is responsible for the remaining $10,000. Shared Liability Examples Shared fault in an accident is incredibly common. In fact, it could be argued that most accidents involve some degree of proportional responsibility. Here are some examples of accidents that are caused by the fault of two parties: Four-way stop crash Consider a situation in which two drivers arrive at a four-way stop at the same time. One driver intends to pass straight through the intersection; the other is planning on making a left-hand turn. Rather than waiting to see which driver is going to proceed or yielding the right of way, both drivers immediately proceed through the intersection. Another example is a crash in which both drivers actually signal to the other driver to proceed, and in the confusion, both proceed and hit each other. Distracted driving and speeding crash Consider a crash in which a texting driver fails to signal before changing lanes, side-swiping the vehicle to its right. The driver in the side-swiped vehicle suffers serious injuries. Initially, it would appear that the texting driver is wholly to blame. However, a review of the evidence unveils that the side-swiped driver was traveling much too fast at the time of the accident – 15 miles per hour over the speed limit. As such, both drivers may be found comparatively negligent for the damages that resulted from the crash. Pedestrian and distracted driver crash The notion that the pedestrian ‘always has the right of way’ is untrue; drivers often have the right of way (although most drivers will yield if not doing so means hitting a pedestrian). Consider a situation in which a driver is proceeding through an intersection, and takes a moment to look down at an incoming text. At exactly that moment, the pedestrian may not have the right of way steps off the curb, directly into the driver’s path. Even though the driver had the right of way, they breached their duty to others on the road by driving while distracted, meaning both parties could be to blame. Compensation for a Shared Liability Accident Apportionment of liability becomes extremely important in shared fault auto accident claims. If you are assigned even a few extra percentage points of the blame for a wreck, you could lose thousands of dollar of compensation. Do not let this happen to you. You need to protect yourself and your family. Contact an aggressive car accident attorney after a serious car accident. Especially if the other party disputes liability. Your attorney will review the specific facts of your case. Then they’ll determine what to do to protect you from an unjust share of the blame. What if I Disagree with a Fault Determination in a Shared Liability Car Accident? It’s very possible that the insurance adjuster(s) responsible for investigating your case may reach a conclusion about the fault that you do not agree with and therefore offer you a settlement that is reflective of your supposed proportional fault that you do not think is fair. When this is the case, you have the right to reject a settlement offer and renegotiate your compensation award. You also have the right to reject the settlement and file a lawsuit for compensation. However, keep in mind that if your case goes to trial, you will need strong evidence in your favor in order for a court to side with you to overcome the defense’s point of view based on their investigation. Our law firm strongly urges you to hire an experienced car accident settlements lawyer if you have not already done so at the point in the process when you are considering going to trial. Speak to the Top-Rated California Car Accident Attorney The Beliz Law Firm has experience handling California accident claims. This includes complex cases involving shared liability. If another driver injured you in a crash, you deserve help. Our lawyer will do as much as possible to help you understand what has shared liability and to maximize the amount of compensation you receive by proving the fault of the other party to the greatest degree possible. Please call our Long Beach office today at (562) 452-3772. Schedule your free, no-obligation initial case evaluation.

Car Accidents

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