Legal Blog

How Long Does a Motorcycle Accident Lawsuit Take in California?

Jun 27, 2023 | By Michael Beliz | Read Time: 5 minutes

The short answer is when it comes to a motorcycle accident lawsuit in California, the timeline to see the fruits of your injury claim can be as unpredictable as the open road. While a quick resolution is what everyone hopes for, the reality is that it often takes several months, and in some cases, a few years. The journey through the claims process is a winding one, influenced by various factors that make each case unique. Let’s dive into the ride of legal proceedings and explore the twists that may shape the duration of your quest for compensation. Being the victim of a motorcycle accident is a terrible experience. It can leave you and your loved ones struggling financially and mentally. If your medical bills are piling up and you’re unable to work, you may be concerned about how long it will take to get compensation from the person who caused your accident. So how long does a motorcycle accident lawsuit take? A motorcycle accident lawsuit can take a few months to a few years to settle in California, depending on your individual circumstances. A California motorcycle injury lawyer can examine the facts of your case and give you the best idea of how long your claim is likely to take. Factors That Affect How Long a Motorcycle Accident Lawsuit Takes No two accidents are the same. Every motorcycle accident lawsuit has different facts that affect the time it takes to resolve. So how long can a lawsuit drag out for a motorcycle accident? It depends on certain factors, including the following. Disputed Liability In some accidents, the person at fault is easy to identify. These cases tend to settle more quickly because the parties will not spend time arguing about who is responsible for the accident. When an ancient is more complex, it may be difficult to determine which party is at fault. Both parties may be at fault, but the percentage of liability may be unclear. California is a pure comparative negligence state. That means if you are partially at fault for the accident, it may reduce the value of your claim. If you disagree with the insurance company regarding how much fault—if any—should be allocated to you, it may take longer to resolve your claim. A complex accident may take several months of negotiation to come to an agreement. And if the disputed issues require a trial, the case may take years. Disputed Damages Damages from some accidents may be easy to calculate. If there is no dispute over the extent of your injuries, you may be able to agree with the insurance company on an appropriate number. But sometimes damages can be difficult to calculate, especially if there is psychological and emotional trauma or you need to estimate future medical costs. It can also be difficult to place a value on intangible losses like pain and suffering, disfigurement, and lost enjoyment of life. The insurance company may resist paying you what you believe these losses are worth, and that may delay the progression of your case. How Long It Takes You to Recover from Your Injuries Some injuries take longer to heal than others. A broken leg heals differently than a pierced lung. Some injuries will heal in a few weeks while others can take months or years. And you may never fully recover from some injuries. Typically, you will want to wait until you fully recover from your injuries or know the extent of permanent damage before making your claim. This way, you will be able to make an accurate calculation of damages. But be sure to consult with an attorney to make sure you don’t miss important deadlines for filing your claim. Steps of a Motorcycle Accident Lawsuit in California Despite different facts, the steps of a motorcycle accident lawsuit are the same. Each step impacts the overall time it takes to resolve your motorcycle accident claim. In many cases, you will be able to resolve your claim within a few months through negotiation, possibly without even filing a lawsuit. However, if you have to take your claim all the way to trial, it may take several years to resolve. The At-Fault Insurance Company Will Contact You After you file your initial claim, the at-fault person’s insurance company will contact you. They are seeking more detailed information about the facts of the accident. They want to know the facts of the crash, your injuries, and your treatment. Many times, the other person’s insurance company may ask you to give a recorded statement. Before giving any information you should NEVER do without speaking to an attorney first. Investigating and Gathering Evidence The next step involves investigating the accident and gathering all information to assess liability and damages, such as: This step is crucial because this evidence provides information on fault. It also assists in the calculation of damages. Both property damage to your motorcycle and bodily injuries need to be addressed during this step. Your motorcycle may need extensive repair. Or, if it is badly damaged it may the company may total it and you pay off. For your injuries, you may need to visit a doctor for diagnosis and treatment. Preparing a Demand Letter After you have collected all the evidence, the next step is to build your claim. If you have an attorney, they will prepare a demand letter to send to the insurance company. In the demand letter, you will list the amount of damages you suffered and request payment. Damages in California include economic damages and noneconomic damages. Economic damages are quantifiable, such as medical expenses and lost wages. Noneconomic damages such as pain and suffering are subjective and more difficult to calculate. An experienced motorcycle accident attorney can help you estimate all your damages and ensure that you ask for the full value of your losses. Negotiating with the Insurance Company Once the insurance company receives your demand letter, they will typically work to negotiate a settlement with you. Know...

Car Accidents

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

Jun 27, 2023 | By Michael Beliz | Read Time: 4 minutes

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 settlement amount for rear-end collisions 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 us today.

Truck Accidents

What Happens If You Get Hit by a FedEx Truck in California?

May 5, 2023 | By Michael Beliz | Read Time: 4 minutes

What happens if you get hit by a FedEx truck depends on the circumstances, and the next steps you take can play an essential role in your ability to recover physically and financially from the accident. Typically, the initial step is to report the accident to the local police and seek medical care. Then you or the driver of the vehicle you were in should file a claim with the insurance company. Contacting an experienced personal injury attorney is likewise important to help you to identify and protect your legal rights. The lawyer can perform extensive research to determine what parties are at fault for your accident and the appropriate course of action to maximize your chance of receiving a fair damages award. The Beliz Law Firm has over 15 years of experience helping accident victims fight for their rights. We understand the unique laws involved when a large company such as FedEx causes a collision and are unafraid of standing up to them on behalf of injury victims. What Happens If You Get Hit by a FedEx Truck? For those wondering what to do after an accident with a FedEx truck, there are several important steps you can take to protect yourself or preserve your right to file a claim. Report the Accident California law requires most drivers in a crash to report the car accident to the authorities if the collision results in injury, death, or property damage. Where possible, drivers should also exchange information with each other and get the names and contact information of the passengers and any witnesses. California law may also require you to notify the Department of Motor Vehicles about the accident within 10 days. If you are in a car hit by a FedEx truck, you might also ask the truck driver for their employer’s information and note the truck or fleet number on their vehicle. Also ask if they are an independent contractor or if they work directly with FedEx. You can use this information to determine who is responsible for your damages. Go to the Doctor Seek medical attention after the wreck, even if you don’t feel injured. Many injuries don’t fully appear until hours or days after the accident because they are masked by the overall stress of the crash. Doctors can examine you and determine if you have any injuries to attend to, helping to limit the chance that your condition will worsen. File an Insurance Claim The next step is to file a claim with the insurance company that covers the car you were in during the collision. When communicating with the insurance agents, keep in mind that they work for the insurer, not you or the driver. Thus, they may be looking for holes in your story and ways to avoid paying out compensation. As much as you can, avoid making admissions of any fault and stick with the facts necessary to convey what happened. Before signing anything you receive from the insurance company, talk to an attorney and ask them to review it to make sure you do not inadvertently waive critical legal rights. Contact an Attorney An attorney can help level the playing field and fight for your rights when FedEx refuses to pay compensation or admit fault. A truck accident lawyer is there to protect and assist you in filing a claim and can handle the legal aspects of the accident on your behalf. They also leverage their experience and knowledge of the law to calculate and negotiate a fair settlement amount. My Car Was Hit by a FedEx Truck. Who Can I Contact at FedEx? You can contact the customer service line at FedEx if you are in an accident. Where appropriate, you may instead want to communicate with the direct supervisor of the FedEx driver who caused the collision. For help with this step, it may be best to contact an attorney. They can talk to FedEx on your behalf to minimize the potential for conflict and work to reach an amicable solution that serves your best interests. They can also advocate for your rights in court to help ensure your voice is heard. I Got Hit by a FedEx Truck. What Compensation Can I Receive? If you suffered an injury in an accident with a FedEx vehicle, you may be entitled to compensation to cover the cost of your hospital bills, lost wages, pain and suffering, and other damages. California law allows victims to pursue a financial settlement to address injuries and property damage associated with an accident. A personal injury attorney can review your case and help you understand what compensation you may be entitled to under your unique circumstances. The Beliz Law Firm: Truck Accident Attorneys Serving California FedEx truck accidents can cause significant damage to you and your vehicle. You can help alleviate the financial burden of the accident by pursuing damages against the at-fault parties. An attorney at the Beliz Law Firm can help with this process. Over his 15+ years practicing law, Michael Beliz has helped clients recover millions in compensation. He is a fierce and knowledgeable advocate for the injured. If you were hit by a FedEx truck, contact our office today to schedule a no-obligation consultation.

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

One of the most common questions we receive from prospective clients is, How long does it take to get a settlement from a car accident in California? Unfortunately, there’s not a specific timeline or average that we can share with you. Every case differs, and so does the claim timeline. 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 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. Contact 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. 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. Beat California’s Wrongful Death Statute of Limitations 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.

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Let’s Talk Today. We’re Ready to Listen.