Auto Accident

Holiday Road Hazards: Navigating the Bay Area’s Busy Roads During the Holiday Season

by cjadmin | December 16th, 2024

The holiday season brings joy, celebration, and togetherness, but it also means busier roads and greater risks for drivers. In the Bay Area, holiday travel can be challenging due to increased traffic, unpredictable weather, and a rise in distracted or impaired driving.

Whether heading to a family gathering or out for holiday shopping, it’s important to stay aware of potential hazards and protect yourself and others on the road. Here’s what you need to know about navigating the Bay Area’s busy roads during the holiday season—and how to stay safe.

Increased Traffic During the Holidays

The Bay Area is already known for its heavy traffic, but the holidays make it even worse. With more people on the roads traveling to holiday events or rushing to do last-minute shopping, traffic congestion can skyrocket.

Highways like I-80, I-880, and US-101 are notorious for bottlenecks, especially near major shopping centers and airports like San Francisco International Airport (SFO) and Oakland International Airport (OAK). These roads can be difficult to navigate during peak holiday travel times.

Tip for Staying Safe: Plan Ahead and Avoid Peak Travel Times

One of the best ways to avoid getting stuck in holiday traffic is to plan your trips ahead of time. Try to travel during off-peak hours, such as early morning or late evening, and avoid driving on the busiest travel days, like the day before Thanksgiving or the weekend before Christmas.

Use apps like Waze or Google Maps to get real-time traffic updates and find alternate routes when necessary.

Weather Changes and Hazardous Road Conditions

The Bay Area may not get snow like other parts of the country, but that doesn’t mean it’s immune to hazardous winter conditions. Rainy weather is common during the holiday season, making roads slick and increasing the chances of accidents. Fog can also reduce visibility, particularly in areas like San Francisco’s Golden Gate Bridge or the East Bay Hills.

Wet roads combined with holiday traffic create a dangerous mix, especially when drivers fail to adjust their speed and following distance to match the conditions. Even light rain can cause hydroplaning, leading to serious accidents on highways and major roadways.

Tip for Staying Safe: Slow Down and Increase Your Following Distance

Slow down in rainy or foggy conditions and double the space between your car and the vehicle in front of you. Driving too fast on wet roads is a major risk for accidents during the holiday season. Use your headlights in foggy conditions, but avoid using high beams, as they can reflect off the fog and reduce visibility even further.

Distracted and Impaired Driving

The holidays are a time for celebration, but they also see an uptick in dangerous driving behaviors. More people are distracted behind the wheel as they juggle phone calls, text messages, and GPS directions while rushing to their holiday destinations.

Holiday parties often involve alcohol, leading to an increase in impaired driving incidents. Nationally, 1,062 people died in alcohol-involved crashes over the December holidays in 2022.

Unfortunately, distracted or impaired drivers combined with congested roads create a recipe for disaster. Areas like San Francisco’s Union Square, Berkeley, and San Jose can become treacherous as holiday festivities bring more people and road hazards.

Tip for Staying Safe: Stay Alert and Watch for Erratic Drivers

Always look for signs of distracted or impaired drivers, such as swerving, sudden braking, or failure to stay in their lane. If you suspect someone is driving under the influence, maintain a safe distance and report them to the authorities. Avoid distractions in your vehicle by putting away your phone and focusing on the road.

Bay Area Trouble Spots

Several areas in the Bay Area are known for being particularly challenging during the holiday season. Commonly busy highways and roads include:

Bay Bridge (I-80): This route into San Francisco often sees major slowdowns, especially during events and games. The heavy congestion can lead to rear-end collisions and aggressive driving.

Golden Gate Bridge: Fog often covers this bridge, making it hard to see, while the constant flow of tourists increases the risk of accidents.

Highway 101 through San Jose: The stretch near Westfield Valley Fair and the Great Mall is packed with holiday shoppers, leading to sudden stops and fender benders.

Interstate 580 in the East Bay: Traffic around Livermore Premium Outlets (San Francisco Premium Outlets) spikes during holiday sales, with stop-and-go conditions that increase the chances of crashes.

Knowing these trouble spots can help you better plan your route, prepare for delays, and take steps to avoid extra traffic or aggressive drivers.

Protect Your Rights After a Holiday Crash

Even with the best planning and precautions, accidents can happen—especially during the busy holiday season. Whether it’s due to traffic congestion, hazardous weather, or another driver’s negligence, a collision can disrupt more than just your holiday plans.

If you’re involved in a crash during the holidays, contact an experienced California car accident lawyer to discuss your accident in a free consultation. At Berg Injury Lawyers, we understand the unique risks of holiday driving and can help if you’ve been in an accident. Our team of California car accident lawyers can protect your rights and help you get the settlement you deserve.

Hidden Trauma: Common Injuries That Aren’t Obvious After Crashes

by cjadmin | December 9th, 2024

After a car accident, you might walk away feeling lucky that you don’t have any immediate injuries. However, some injuries, like concussions, whiplash, or internal damage, can take hours, days, or even weeks to show up. These types of injuries are common, with whiplash making up over 95% of non-hospitalized cases after a crash.

Even if you feel fine right after a crash, seeing a doctor for a thorough evaluation is essential. Early detection is critical to preventing long-term complications. Keep reading to learn about common hidden injuries, how they can impact your daily life, and why seeking medical care right away is crucial.

3 Common Hidden Injuries After a Car Accident

Some vehicle collision injuries may not show immediate symptoms but can become serious if left untreated. Three of the most common hidden injuries include:

1. Concussions

A concussion is a type of brain injury caused by a blow to the head or a violent jolt. After a car crash, you might not immediately notice the signs of a concussion, especially if you didn’t lose consciousness. Symptoms like headaches, dizziness, or confusion can appear hours or days later. In some cases, people may experience memory problems or mood swings without connecting them to the accident.

In addition to physical pain, hidden injuries like concussions can trigger emotional challenges such as anxiety or difficulty concentrating. These cognitive and emotional effects can disrupt daily life, highlighting the importance of seeking prompt medical attention.

When they’re left untreated, concussions can lead to serious complications, including post-concussion syndrome, where symptoms persist for months. Early diagnosis and treatment are crucial for managing these issues effectively, making it essential to see a doctor even if you feel fine immediately after the accident.

2. Whiplash

Whiplash occurs when the neck is suddenly forced back and forth, like during a rear-end collision. You might not feel pain right away, as the adrenaline from the crash can mask the symptoms. However, whiplash can cause neck stiffness, headaches, and even shoulder or back pain in the days following the accident.

One study found that within seven days of a whiplash injury, 84% of patients experienced neck pain, and 60% had headaches. After 12 months, 38% still had neck pain, and 38% continued to report headaches.

Whiplash can also contribute to emotional and psychological effects, such as sleep disturbances and anxiety, especially when chronic pain interferes with daily activities. Getting a medical evaluation right after the crash allows doctors to detect whiplash early and recommend treatment options, such as physical therapy, to prevent complications.

3. Internal Injuries

One of the most dangerous hidden injuries after a car crash is internal trauma. While bruises and cuts may be visible on the outside, internal bleeding and organ damage may not be apparent right away. For example, a ruptured spleen, damage to internal organs, or bleeding in the abdomen can take time to manifest.

The danger with internal injuries is that they can be life-threatening if not treated quickly. Symptoms like abdominal pain, dizziness, or fainting might not show up until it’s too late.

The fear of not knowing if internal damage exists can also create emotional distress, increasing anxiety levels. Seeking a medical evaluation immediately after an accident can help detect internal injuries before they cause irreversible damage.

Why It’s Important to Get a Thorough Medical Evaluation

Even if you feel fine after a car accident, you should never assume you’re in the clear. Delayed symptoms from hidden injuries can lead to serious health problems. A thorough medical evaluation right after the crash allows doctors to assess your condition and catch potential injuries before they worsen.

Here are a few reasons why early detection is crucial:

Prevent Long-Term Complications: Hidden injuries like concussions or whiplash can lead to chronic pain or permanent damage if untreated. Early diagnosis allows you to receive treatment to manage symptoms and recover fully.

Ensure Proper Documentation: If you decide to file a personal injury lawsuit, having medical documentation of your injuries is critical. Skilled California car accident lawyers can help you seek compensation for medical bills, lost wages, and other expenses. However, proving your case will be difficult without a timely medical evaluation.

Avoid Future Health Risks: Internal injuries, such as bleeding or organ damage, can be life-threatening if not caught early. By seeking immediate medical attention, you reduce the risk of these injuries escalating into more severe conditions.

Hidden Injuries and Your Daily Life

Undiagnosed injuries can take a toll on your day-to-day activities. For example, chronic neck pain from untreated whiplash might prevent you from working or taking care of your family. Concussion symptoms, such as difficulty concentrating, can impact your job performance and overall well-being.

Ignoring these injuries can lead to prolonged suffering, increased medical costs, and a lower quality of life. Seeking early medical treatment can help you regain control and prevent hidden injuries from becoming debilitating.

Get Experienced Legal Representation for Your Claim

Car accidents can be stressful, and it’s easy to focus on the visible damage while overlooking potential hidden injuries. However, ignoring delayed symptoms can put your health at risk and jeopardize your ability to recover compensation for your injuries.

If you’ve been in an accident, schedule a medical evaluation and speak with our qualified car accident attorneys at Berg Injury Lawyers. Contact us today for a free consultation, and let us help you secure a fair settlement for the immediate and long-term treatment of your injuries.

Can You File a Lawsuit for Defective Mechanic Work?

by Staff | December 5th, 2024

If you trusted a mechanic to fix your vehicle only to get it back with the same or new problems, you’re likely wondering if the harm they’ve done to it opens them up to liability, especially if you got into an accident because of that faulty repair job. This happens more often than you might suspect, and there’s a clear answer to your question.

You can sue a mechanic if they were negligent in repairing or servicing your vehicle and that negligence resulted in damage to you or your vehicle. Of course, this means proving that the mechanic failed to do their job with a reasonable standard of care.

Proving Negligence on the Part of a Mechanic

It’s important to show the mechanic’s faulty work directly caused the damages you experienced. In other words, it’s not enough to say that the mechanic worked on your vehicle and then you were involved in a crash. You must demonstrate that the mechanic’s work was the direct cause of your crash, injuries, or property damage.

Attorneys representing clients filing lawsuits typically have many potential ways to prove this. For example, they might have a crash expert or another reputable mechanic examine the vehicle, along with the circumstances of the crash, and connect the dots needed to prove the mechanic’s failure to repair or service your vehicle with a reasonable standard of care caused the crash.

Remember that the intentions of the mechanic are irrelevant to the case you’re making when seeking compensation for your damages. Personal injury lawsuits aren’t seeking to prove that the allegedly at-fault party (the defendant) deliberately meant to impair your vehicle’s performance or to cause you harm. You’re simply asserting that the mechanic made a mistake or acted carelessly, and that those actions resulted in your injuries.

How Mechanics Get It Wrong

Mechanics can make any number of mistakes when working on a vehicle. Careless actions by a mechanic can include:

Failure to fix an existing problem
Introducing another vehicular problem while repairing the original one
Using the wrong part on a vehicle
Failing to properly reassemble vehicle parts after a repair

These are just a few examples of auto repair negligence. There are many scenarios that could make a mechanic liable for the damages suffered by an injury victim.

Common Signs of Negligent Mechanic Work

Recognizing the signs of negligent mechanic work can help you act quickly to address potential problems and hold the responsible parties accountable. Here are some common red flags:

1. Persistent Warning Lights

If warning lights on your dashboard (e.g., check engine, ABS, or oil pressure lights) remain illuminated after a repair, it could be a sign that the mechanic failed to address the root cause of the issue or caused additional problems during the repair process.

2. Strange Noises

Unusual sounds coming from your vehicle after a repair, such as grinding, squealing, or knocking, may signal improperly installed or faulty components. For example:

Grinding noises could indicate issues with brakes or wheel bearings.
Squealing sounds might suggest poorly installed belts or loose parts.

3. Worsening Performance

If your vehicle’s performance declines after a repair, this is a clear sign something may have gone wrong. Examples include:

Reduced acceleration or poor handling
Difficulty braking or increased stopping distances
Erratic engine behavior, such as stalling or misfiring

4. Unusual Odors

Strange smells, such as burning oil, fuel, or rubber, can indicate a serious problem. These odors may result from:

Oil or fluid leaks caused by improperly sealed components
Overheating due to neglected cooling system repairs

5. Poor Craftsmanship or Visible Issues

Upon inspection, you might notice clear signs of negligent workmanship, such as:

Loose or missing bolts
Worn or incorrect parts installed instead of new ones
Fluids leaking from recently repaired areas

6. Recurring Problems

If the same issue reappears shortly after the repair, it could mean the mechanic failed to properly diagnose and fix the problem. For example:

Repeated brake issues may indicate improper installation of brake pads or calipers.
Electrical failures might result from careless wiring or overlooked damage.

7. Unexpected Expenses or “Band-Aid Fixes”

A mechanic who recommends additional repairs immediately after completing a job might not have fully resolved the initial problem. Temporary fixes instead of thorough repairs can also indicate negligence.

8. Lack of Communication or Documentation

If the mechanic cannot clearly explain what repairs were made or fails to provide proper documentation, such as invoices or itemized receipts, this could signal carelessness or dishonesty.

What to Do If You Notice These Signs

If you experience any of these issues after having your vehicle repaired, it’s important to document the problems and seek a second opinion from a reputable mechanic. If you suspect that a mechanic’s negligence contributed to a crash, consulting with an attorney can help you understand your rights and determine whether you have grounds for a claim.

Negligent mechanic work can have serious consequences, including vehicle damage, accidents, and injuries. Acting quickly to address red flags can protect your safety and strengthen your case if you decide to pursue legal action.

Considerations After Possible Auto Repair Negligence

If you’ve been injured in a car accident, and you suspect that a mechanic’s negligence is responsible, remember that preserving the evidence will be key to proving your case. Don’t attempt to fix your vehicle without first consulting an attorney, so they can document the condition of your vehicle at the time of the crash.

Make sure you seek medical treatment as soon as possible after your injury occurs. Personal injury lawsuits are only successful when clear damages have been suffered by the person filing the suit. If you don’t establish that you’ve suffered injuries, you’ll have no damages on which to base your claim.

Contacting an attorney as soon as possible after your crash will help ensure that you do what’s needed to build a solid case while also helping you avoid common pitfalls people encounter when filing lawsuits.

Need Legal Help for an Auto Repair Negligence Case? Get Berg!

At Berg Injury Lawyers, we have years of experience representing injury victims throughout Northern California. To schedule a free consultation, contact our car accident lawyers today.

Originally published March 8, 2021.

The Week After a Crash: What to Do and Expect During This Time

by cjadmin | December 2nd, 2024

A car accident can be an overwhelming experience, and the days that follow can leave you feeling stressed and unsure of what to do next. But knowing the proper steps to take during that first week can make a big difference in protecting your health and your right to pursue compensation.

In California, taking proactive steps after a car accident is crucial. Here’s what you need to do and what to expect during this critical time.

Seek Medical Attention Immediately

One of the first things you should do after a car accident is to seek medical attention, even if your injuries seem minor. The adrenaline rush that comes with the shock of a crash can sometimes mask injury symptoms, and what may feel like a slight ache or bruise could turn into a serious issue in the coming days.

Prompt medical attention ensures your well-being and documents your injuries, which can be crucial when filing an insurance claim or a personal injury lawsuit. Delaying medical care could weaken your case, as insurance companies may argue that your injuries were unrelated to the accident.

If new symptoms arise after the crash, check in with your doctor. Follow treatment instructions and keep all documentation for medical care, including prescriptions, test results, and appointment records.

Notify Your Insurance Company

After attending to your immediate health concerns, notify your insurance company about the accident. Be mindful of how you communicate with them, as anything you say could be used against you later. Stick to the basic facts of the crash, such as the date, time, and location, and avoid discussing fault or the extent of your injuries.

It’s also a good idea to consult with a California car accident lawyer before providing detailed statements or accepting any offers from the insurance company. This helps safeguard your rights and helps ensure you don’t accidentally compromise your claim.

Gather Evidence

Collecting crucial information can help bolster your case in the days after the crash.

Having this documentation early on can improve your chances of recovering compensation for your injuries and damages. If possible, collect the following types of evidence:

Photographs. Take photos of the accident scene, including the road conditions, damage to the vehicles, traffic signals, visible injuries, vehicle damage, weather conditions, traffic signals, and debris or markings on the road.

Witness information. Collect witness contact details after the accident. Their testimony can support your claim with an objective view of events. If possible, get an initial statement and inform them your attorney may reach out later.

Police report. Obtain a copy of the police report from the California Highway Patrol or from the law enforcement agency that has jurisdiction over where the accident occurred. This document contains facts about the crash, such as the time, location, and officer’s assessment of fault. Most insurers require a police report to process claims.

Contact a Personal Injury Lawyer

After a car accident, especially one involving injuries, it’s important to consult a personal injury lawyer who handles California car accidents. An experienced attorney from Berg Injury Lawyers can help you file a claim, deal with insurance companies, and pursue the compensation you deserve.

Insurance companies often try to settle claims quickly for less than they are worth. A qualified lawyer can protect you from accepting an offer that doesn’t cover the full extent of your medical bills, lost wages, and other damages.

Our legal team can also guide you through the legal process, helping you understand your rights and advising you on how to proceed based on the specifics of your case.

Managing Emotional and Physical Challenges

The days after a car accident can feel like a whirlwind—not just with paperwork and insurance calls but also with the emotional toll it can take. Feeling overwhelmed, anxious, or scared about what comes next is normal. You may notice lingering stress or even symptoms of post-traumatic stress disorder (PTSD), and that’s okay. What you’re going through is tough, but remember, you don’t have to face it alone.

It’s important to acknowledge these feelings and seek professional help if needed. Physically, you’re likely still healing from the crash, and that can make it hard to keep up with daily tasks or even focus on work. It’s important to give yourself grace during this time—rest, heal, and follow your doctor’s advice. Your recovery matters, and taking care of yourself is the most important step you can take right now.

If you’re having difficulty managing the stress of the situation, consider talking to a therapist or counselor who can help you cope with the emotional impact of the accident.

Dealing With Insurance Adjusters

In the days after a car accident, you will likely receive a call from an insurance adjuster. They may seem friendly and eager to help, but remember that their primary goal is to save their company money. Be cautious when speaking to them; never admit fault or downplay your injuries.

If the adjuster offers a settlement, consult your lawyer before accepting it. Initial offers are often far below what you may be entitled to, and once you accept, you may lose the opportunity to pursue additional compensation. Your lawyer can negotiate with the adjuster to help you receive a fair settlement covering your expenses and damages.

Protect Your Rights After a Car Accident

Taking the proper steps during the hours and days after a car accident is critical to protecting your health, securing your rights, and strengthening your claim.

At Berg Injury Lawyers, we’ve handled thousands of car accident cases in California, and our team has the resources to support you throughout your recovery. Contact us for a free consultation, and let us help you get the financial compensation you deserve.

The Link Between Sleep Deprivation and Car Accidents

by cjadmin | November 25th, 2024

Getting enough sleep is essential for staying healthy and alert, but many overlook it when it comes to driving safely. A lack of sleep doesn’t just make you tired; it slows your reaction time, impairs judgment, and increases the risk of accidents.

Even if you don’t fall asleep behind the wheel, fatigue can lead to dangerous mistakes like drifting out of your lane or failing to react to sudden hazards. Understand these risks and how to combat drowsy driving to help keep yourself and other motorists safe.

If you’ve been in an accident and suspect the other driver was fatigued, reach out to a California car accident lawyer for a free consultation to explore your legal options for compensation.

The Dangers of Drowsy Driving

Research shows that being awake for 18 hours straight affects your driving ability, similar to having a blood alcohol content (BAC) of 0.05%. After 24 hours without sleep, this impairment rises to a BAC of 0.10%, which is above the legal limit.

Fatigue can also cause microsleeps, which are brief moments where you fall asleep for a few seconds. These minor lapses can lead to serious accidents, especially at higher speeds.

Shocking Stats on Drowsy Driving Accidents

Drowsy driving contributes to thousands of accidents each year. In 2017, fatigue was linked to approximately 91,000 crashes, leading to 50,000 injuries and nearly 800 deaths across the U.S. In 2022, 693 people lost their lives in crashes caused by drowsy driving.

In California, the issue is just as concerning. Preliminary data from the California Highway Patrol shows that 4,000 crashes in 2023 involved drivers who were too tired to drive safely. In the two previous years, more than 5,000 crashes each year were caused by driver fatigue, illustrating the widespread impact of sleep deprivation on road safety.

One study showed that drivers who sleep less than seven hours a night are twice as likely to be involved in a crash. The risk becomes even higher for those who sleep fewer than five hours, doubling again, highlighting just how dangerous sleep deprivation can be behind the wheel.

Common Causes of Driver Fatigue

Several factors can lead to fatigue behind the wheel. Whether it’s a demanding work schedule or underlying health issues, many drivers face tiredness that puts them at risk on the road. The most common causes of driver fatigue include:

Long Work Hours: Many drivers, particularly those working in demanding jobs, pull long shifts that interfere with their ability to get adequate sleep. Truck drivers, delivery workers, and healthcare professionals often work long shifts, leaving them tired when it’s time to get behind the wheel.

Shift Work: Workers on irregular schedules, such as those who work night shifts, may struggle to maintain a consistent sleep pattern, increasing their risk of sleep deprivation. The body’s internal clock, or circadian rhythm, can be disrupted by night shifts, leading to reduced alertness during daytime driving.

Medical Conditions: Sleep disorders, such as sleep apnea and insomnia, prevent individuals from getting the restful sleep they need. People with untreated sleep apnea may experience frequent interruptions in their breathing during sleep, which reduces the overall quality of rest and leaves them fatigued the next day.

Stress: High levels of stress and anxiety can make it difficult to fall asleep or stay asleep through the night. This can lead to chronic sleep deprivation, increasing the risk of accidents on the road.

Improve Sleep to Avoid Drowsy Driving

Improving sleep habits can go a long way in reducing the risk of drowsy driving accidents. Here are a few tips to help drivers stay rested and alert:

Stick to a Sleep Schedule: Establish a regular sleep schedule where you fall asleep and wake up at the same time every day. This consistent pattern helps regulate your internal clock and promotes more restful sleep.

Create a Relaxing Bedtime Routine: Engage in calming activities, like reading or meditating, to signal your body that it’s time to wind down. Avoid screens (phones, tablets, TVs) before bed, as the blue light they emit can make it harder to fall asleep.

Limit Caffeine and Alcohol: Since caffeine can stay in your system for up to five hours, it’s best to limit it in the afternoon or evening. Alcohol, on the other hand, can help you feel sleepy at first but can disturb your sleep later, leaving you feeling less rested.

Take Breaks During Long Drives: If you’re planning a long road trip or commute, take frequent breaks to rest and stretch. If you start feeling sleepy, pull over to a safe place and take a short nap before continuing.

Seek Medical Help for Sleep Disorders: If you suspect a disorder like sleep apnea is affecting your ability to rest and drive safely, consult a doctor for a diagnosis and treatment plan. Treating sleep disorders can improve your sleep quality and reduce the risk of accidents.

Stay Rested, Stay Safe: Protect Yourself and Others on the Road

Sleep deprivation is a serious issue that affects a driver’s ability to stay safe on the road. While falling asleep at the wheel is often an unintentional mistake, the consequences can be life-altering for those involved.

If you’ve been injured in an accident caused by a drowsy driver, Berg Injury Lawyers can help you seek the compensation you deserve. We understand the complexities of proving driver fatigue and are dedicated to building a solid case on your behalf.

Contact us today for a free consultation. We will review the details of your case, identify the responsible parties, and help you secure a fair settlement to cover your medical expenses, lost wages, and other damages.

Can a Car Accident Cause a Stroke?

by Staff | November 4th, 2024

Most people associate car accidents with common injuries, such as broken bones, whiplash injuries, and bruising. However, strokes can also happen during a car crash.

If you suffered a stroke because of a car accident, our car accident lawyers can evaluate your case and help you file a compensation claim.

What Are the Causes of a Stroke After a Car Accident?

High blood pressure, blood clots, and physical trauma can cause strokes. Traumatic brain and neck injuries can increase the risk of stroke for people under the age of 50.

Research suggests that head or neck injuries increase stroke risk by 4-fold and 6-fold, respectively, during the 2 weeks after a trauma. A person who has had a head or neck injury is more likely to experience an ischemic stroke, a stroke occurring because of a blockage or clot in the blood vessels within the brain.

A car accident can increase the risk of a stroke in several ways. The following injuries may trigger a stroke:

Whiplash: This injury happens when the body accelerates or decelerates in an accident. The neck whips back and forth upon impact, tearing soft tissues and arteries in the neck. Having this injury increases the risk of an ischemic stroke because of the ‌reduction in oxygen to the brain.
Brain Hemorrhages: Head trauma from a car accident may cause a brain hemorrhage, increasing the risk of a stroke. The blood pools in the brain tissue, creating a mass called a hematoma. The hematoma can put pressure on the brain, minimizing blood flow to the brain and killing brain cells. Cerebral hemorrhages cause 13% of all strokes in the U.S. and cause around 40% of all stroke deaths.
Disruption of Blood Flow: A car accident can disrupt blood flow to a part of the brain. This disruption in your blood flow can lead to an increased likelihood of a stroke.

If the arteries are already constricted because of a pre-existing vascular condition, they may not supply enough blood to the brain. This situation might result in a stroke being triggered by a car accident, even when there is no physical trauma.

Delayed On-Set Strokes After a Car Accident

Sometimes, strokes can happen months or years after a car accident. Symptoms of tears in the arteries may not show up until three months after the accident, increasing the risk of stroke.

The risk of a stroke is typically greater for four months after a traumatic brain injury, but it can last up to five years. Getting immediate medical attention after an accident is always important to check for any potential risk of a stroke.

Can I Get Compensation for a Stroke?

If a stroke is caused by an accident, it can create complex coverage issues under the insurance company’s disability policies. The coverage question becomes whether the stroke or the accident was the efficient proximate cause of the disability. This means the cause must have been the most influential factor in creating the stroke.

An insurance company must investigate the accident and determine whether there is coverage for the claim. The stroke exclusion may be determined by the circumstances of the accident, your age, and your health risks for a stroke.

Since negotiating with an insurance company takes skill and knowledge of California’s insurance laws, it’s best to get legal help collecting strong evidence and building a strong claim.

Common Symptoms of a Stroke After a Car Accident

A stroke can occur immediately following a car accident or develop gradually in the days, weeks, or even months afterward. It’s essential to recognize the symptoms early, as timely medical intervention can greatly reduce the risk of long-term damage. Below are key signs to watch for.

Immediate Warning Signs

Slurred speech or difficulty speaking
Facial drooping on one side
Sudden numbness or weakness, especially on one side of the body
Confusion or trouble understanding others
Sudden vision problems in one or both eyes
Loss of balance or coordination

Delayed or Gradual Symptoms

Persistent headaches or migraines
Fatigue or unusual drowsiness
Changes in mood, memory, or concentration
Numbness or tingling that worsens over time
Unexplained dizziness or episodes of fainting

When to Seek Emergency Medical Care

If you or someone else experiences any stroke symptoms, even if they seem mild or temporary, call 911 immediately. Early medical intervention is critical to prevent further damage. Don’t wait to see if symptoms improve—getting immediate care can significantly improve recovery outcomes.

How Can I Prove the Connection Between the Accident and My Stroke?

All your medical records, including doctor’s notes and invoices from your treatments, can help connect your stroke to the accident. Emergency room records, medical tests, and written statements from friends and family can attest to the diminished quality of life you suffered after your stroke.

Attorneys can use their resources to collaborate with medical expert witnesses to investigate the cause of the stroke. Your lawyer can work tirelessly to achieve maximum compensation from the insurance company by using medical testimonies and records from your treatments to link the stroke to the accident.

Find Out if You Can Get Compensation for a Stroke in a Car Accident

If you suffer a stroke due to a car accident, the attorneys at Berg Injury Lawyers can work on your case. We will evaluate your claim and advise you on your legal options, including how to move forward with a lawsuit. Call our law office to schedule your free case consultation today.

Originally published April 11, 2022.

Should You Be Following the 3-Second Rule While Driving?

by Staff | June 27th, 2024

Driving a car presents many possible risks; 42,154 people were killed in motor vehicle accidents in the US in 2022. Most of these accidents were caused by driver error.

This means that by following a few rules while driving, you can decrease your risk of harming yourself and others. One rule that’s simple to follow and helps reduce your chances of rear-ending someone else’s vehicle is the 3-second rule.

WHAT IS THE 3-SECOND RULE?

Many crashes are caused by drivers following the vehicle in front of them too closely. Without sufficient space between vehicles, drivers cannot stop in time if the car in front brakes suddenly.

The 3-second rule advises you to keep a distance of three car lengths between you and the car in front. This has also been described as the distance you could travel in three seconds at an average speed. Maintaining this space between cars is a simple and proven way to avoid rear-end collisions.

THE LOGIC BEHIND THE 3-SECOND RULE

The National Safety Council’s Two-Second Plus Rule for safe following distance, introduced in the 1960s, proved inadequate by the 1990s due to vehicle size variations and actual stopping distances. With modern driving distractions like cell phones and music playlists increasing drivers’ reaction times, the recommended following distance has been extended to three seconds, providing a safer buffer for today’s driving conditions.

The three-second rule is based on perception distance, reaction distance, and braking distance. It extends the original 2.5-second guideline used by highway designers to account for increased driver distractions. This rule allocates 1.75 seconds for perception of a hazard, 0.75 seconds for reaction, and adds a 0.5-second safety buffer, providing more time to avoid collisions when vehicles ahead stop suddenly.

MEASURING THE DISTANCE

Calculating the distance you need between the car in front and your vehicle is relatively easy. Pick a stationary object by the road, such as a tree or traffic sign; once the car in front of you reaches that object, begin counting and note how long it takes you to pass the same object. If you reach the object before you have slowly counted to three, you are too close to the vehicle ahead of you, and likely won’t have enough time to safely emergency brake if needed and avoid a rear-end collision.

This method will give you an idea of a safe following distance and leaves plenty of time to stop if the car in front suddenly brakes.

Driving too close to another vehicle is dangerous and causes many avoidable accidents. It is known as tailgating and is considered an aggressive type of driving that puts both vehicles’ occupants at much greater risk of a rear-end crash.

WHEN TO LEAVE A GREATER FOLLOWING DISTANCE

The 3-second rule adequately deals with daylight and good weather conditions. However, at night or when the weather conditions deteriorate, greater distances between vehicles will be necessary.

Inclement weather like rain or snow leads to worse visibility and slippery road conditions. These factors increase the risk of accidents, making it prudent to double the 3-second rule to a 6-second following distance.

Fog makes driving conditions hazardous because it is challenging to see what is in front of you. When you encounter heavy fog, it is appropriate to triple the time between you and the vehicle ahead to 9 seconds. This allows plenty of room for stopping despite the lack of visibility.

ARE THERE PEOPLE WHO SHOULD BE GIVEN MORE SPACE?

Weather and road conditions aren’t the only reason why you might consider doubling your following distance. The California Driver Handbook advises drivers to increase their following distances and give more space to drivers who present greater potential danger. These drivers and people include:

Drivers whose view of you is obstructed
Drivers who may be forced into your lane to avoid an obstruction, such as a pedestrian or bicyclist on the shoulder
Drivers who are backing out into your lane
Distracted people like delivery drivers, construction workers, or drivers talking on their phones
Drivers who slow down for no apparent reason (for example, they may be distracted by searching for a house number)

OTHER SAFETY MEASURES

When conditions are bad, or visibility is poor, you should drive slowly and use low beams or fog lights. You need to ensure other drivers can see you and you have plenty of room to stop.

If the visibility gets too bad, you should stop in a well-lit area and wait for conditions to improve.

If you are towing a trailer or driving an RV, your required stopping distance may be greater due to the vehicle’s weight. Adjust the space between you and the vehicle ahead accordingly.

EXCEPTIONS TO THE 3-SECOND RULE

The 3-second rule does not apply where the car in front is stationary due to being stopped at a stop sign or traffic light. There is no reason to leave large spaces between vehicles in these situations.

In stop-and-go traffic in town, it is difficult to judge a 3-second space. However, it is always wise to leave a big enough gap between the vehicles so that you can stop if the car in front brakes suddenly.

WHAT TO DO IF YOU SUSTAIN INJURIES IN AN ACCIDENT

If you have been rear-ended by a driver not following the 3-second rule or tailgating, speak to the auto accident attorneys at Berg Injury Lawyers today. Our California car accident lawyers offer a free case consultation and can help you get the compensation you deserve.

We believe everyone deserves effective legal representation when injured in an accident caused by another party’s negligence. That is why we offer a No Fee Guarantee, meaning we only get paid if you recover damages. Start your case now by contacting our team of injury lawyers today.

Originally published December 13, 2021.

Do My Insurance Rates Increase After a Car Accident in California?

by cjadmin | June 10th, 2024

If you were recently injured in a car accident, you might be dealing with more than just vehicle repairs. Medical bills and lost wages can also strain your finances, and there’s the added worry about how the accident might affect your insurance premiums.

Knowing the factors that lead to rate increases and understanding California-specific rules can help you anticipate what’s coming. By taking a proactive stance, you might even be able to reduce the impact on your premiums after an accident.

What Causes Insurance Rate Increases?

Insurance companies often consider increasing the premiums for the involved drivers when an auto accident occurs. Insurers usually take into account the following elements when adjusting premiums post-accident:

Fault Determination: Insurance companies assess who is at fault in an accident to determine rate adjustments. If you are found responsible, your premiums will likely rise as you present a greater risk of future claims that could cost the insurer money.

Extent of Damage: The extent of damage and the associated repair costs can influence how much your rates might go up. More significant claims resulting from extensive damage often lead to higher premiums as they represent a larger financial liability for the insurer.

Previous Driving History: Insurers evaluate your driving history to gauge future risk. If you have a record of prior accidents or violations, another incident may indicate a recurring pattern, prompting insurers to raise your rates to counterbalance the perceived heightened risk.

Factors Influencing Rate Changes in California

In California, regulations dictate how insurance companies can modify rates following an accident, especially concerning incidents where the fault is determined.

Here’s a closer look at how these rules are implemented:

California’s Proposition 103: Prop 103, passed in California in 1988, requires that auto insurance rates be primarily based on factors such as your driving safety record, annual mileage, and driving experience.

Role of At-Fault Accidents: In California, being found at fault in an accident can affect your insurance rates. The state allows insurers to increase premiums for drivers liable for a crash, reflecting the higher risk and potential costs to the insurer.

Good Driver Discount: California insurance law mandates insurers offer Good Driver discounts for those licensed for at least three years and have no more than one point on their driving record. This discount must be at least 20%.

Annual Reporting and Justification: In California, insurers must submit their rate changes and justifications to the California Department of Insurance. This requirement ensures that rate increases comply with state laws and are grounded in permissible factors such as driving records and claim history.

Minimizing the Impact of a Crash on Your Insurance

You can take several steps to lessen the effect of a collision on your insurance premiums. These measures can help you secure the best coverage and rates, minimizing any increases after an accident:

Safe Driving Practices: Drive safely by following traffic rules and consider enrolling in a safe driving course. Learning to navigate the roads more cautiously can lower your risk of accidents, helping prevent increases in your insurance premiums.

Shop Around for Insurance: When choosing auto insurance, compare insurance options from different providers. You may be able to find low-cost insurance or a policy that offers benefits like not increasing your rates after the first accident.

Understand Coverages: Familiarize yourself with the details of your insurance policy, including coverage limits for liability, comprehensive, collision, damages, and benefits, like safe driver or loyalty discounts. This can help you keep costs low and offer leverage for negotiation if your insurer tries to increase your rates.

Get Documentation to Prove Fault: Always report crashes involving injury, fatality, or damages over $1,000 to the DMV using form SR-1. Obtain a copy of the police report and other relevant documentation to prove the incident wasn’t your fault. Reporting the accident and keeping detailed records helps make a case with your insurer to prevent unjust rate increases.

Work with an Attorney: After an accident, seek legal counsel from a qualified California car accident attorney. Our team at Berg Injury Lawyers will guide you through the claims process, providing the documentation and representation to prove your lack of fault and prevent an increase in your premiums.

Get Help for Your Auto Accident Case with Berg Injury Lawyers

Increased insurance rates after a car accident can leave you financially vulnerable, especially when the crash isn’t your fault. To help prevent premium hikes, work with our experienced attorneys at Berg Injury Lawyers.

We can help prove you aren’t at fault, ensure your driving record reflects accurate information, and negotiate for a fair settlement from the at-fault party’s insurer.

What Happens if an Unlicensed Driver Hits You in California?

by Staff | April 5th, 2024

In California, all drivers must be licensed to operate a motor vehicle. However, not all drivers follow the law, and those who drive without a valid license are more likely to cause accidents.

According to a study conducted by the California Department of Motor Vehicles, unlicensed drivers are almost three times more likely to cause a fatal crash than licensed drivers. Unlicensed drivers are just as likely to be at fault in a car accident with serious injuries.

WHAT IF THE UNLICENSED DRIVER IS ALSO UNINSURED?

Often, unlicensed drivers are also uninsured or underinsured, which means that although they may have insurance, they don’t carry sufficient coverage to pay for the injuries they inflict. Many unlicensed drivers don’t have their licenses for a good reason. They may have been careless before, resulting in a suspended or revoked license.

You should not have to pay for the pain and suffering someone else caused. There are ways to recover damages if an uninsured or underinsured driver has injured you. Skilled car accident lawyers like the team at Berg Injury Lawyers may be able to help. If the driver who hit you is uninsured or underinsured, you can pursue a lawsuit for economic and non-economic damages.

There is no cap on damages in California for car accident lawsuits. You can seek a settlement amount that covers your medical bills, lost wages, and non-quantifiable losses like pain and suffering.

The Role of Uninsured/Underinsured Motorist Coverage

You can prepare for the unexpected, especially when it involves drivers who lack proper insurance, by purchasing uninsured/underinsured motorist coverage (UMC/UIM). This type of protection offers coverage when the other driver is at fault but does not have adequate liability insurance, if any at all. Understanding how UMC/UIM works is essential for every driver in the Golden State.

In California, insurers are required to offer you UMC/UIM coverage, but it’s your choice whether to accept or to decline it. If you decide it’s not for you, you’ll need to sign a waiver acknowledging you turned down the coverage.

Here’s what UMC/UIM can cover:

Uninsured Motorist Bodily Injury (UMBI): This kicks in if you or passengers in your vehicle are injured in an accident caused by a driver who doesn’t have liability insurance. Its limits are the same as your own liability coverage, ensuring that the financial burden of medical expenses, lost wages, and pain and suffering don’t fall entirely on you.
Underinsured Motorist (UIM): Even if an at-fault driver has liability insurance, it might not be enough to cover all the damages incurred. UIM coverage can bridge the shortfall, ensuring that your injuries don’t lead to a personal financial crisis simply because the at-fault driver carried too little insurance.
Uninsured Motorist Property Damage (UMPD): If your vehicle is damaged in an accident where an uninsured driver is at fault, UMPD covers repair costs up to $3,500. This is especially important if you don’t have collision coverage, though it only pays out if the uninsured driver is identified.

While nobody likes to think about the possibility of an accident, being prepared for one is key to navigating the aftermath without additional stress. Before you decline this coverage, consider the costs of a potential accident with an unlicensed and uninsured or underinsured driver.

STEPS TO TAKE FOLLOWING A CALIFORNIA AUTO ACCIDENT

There are steps you can take if you’re involved in a collision with an unlicensed driver in California. Following this process after an accident can reduce the burden of medical expenses and stress you experience due to the driver’s negligence by bettering your chances of receiving compensation.

Contact authorities. Immediately after the accident, remain at the scene and call the police to report the accident. A police report of the accident is crucial to recover damages for your injuries or property loss.
Exchange insurance information with the other driver. If the other driver is uninsured or underinsured in addition to being unlicensed, your lawyer can help you file an insurance claim or a legal claim against the negligent driver.
Seek medical care. A motor vehicle accident can leave drivers and their passengers with lasting injuries, even if the injuries are not immediately apparent. In the minutes and hours after a car accident, adrenaline can often mask the signs of injury.
Go to your doctor or nearest emergency room for a thorough examination and keep all your medical records. Documentation of your injuries immediately after the accident and your subsequent treatment history is essential to getting full compensation for your claims.
Contact an attorney. Get expert help from car accident lawyers who can guide you through the legal process. When you’ve been the victim of an unlicensed driver’s negligence, the last thing you need is the hassle of dealing with complicated insurance claim processes or navigating the court system on your own.

An experienced personal injury lawyer knows exactly what to do to get you the best settlement or judgment for your claims. A consultation is free and can start you on the path to recovery.

DETERMINE WHETHER YOU HAVE A CLAIM

Even if the other driver was unlicensed, you still need to prove your claim to obtain compensation for any injuries you sustained. To receive a settlement payout for your injuries, you’ll need to demonstrate that:

The other driver’s negligence partly caused the accident.
The accident caused you or a passenger serious physical harm.

Working with an attorney from Berg Injury Lawyers is a great way to get the support you need when building your case against an unlicensed driver.

LET EXPERIENCED LAWYERS HANDLE YOUR CASE

If an unlicensed driver in California has injured you, you need to focus on your recovery instead of worrying about how to pay medical bills and take care of your family. Leave your fight for fair compensation to the car accident attorneys at Berg Injury Lawyers.

We have four decades of experience helping victims recover settlements to pay off medical bills, property damage, lost wages, and other hardships resulting from car accidents. We can answer your questions and help you get the compensation you deserve without the stress of navigating the legal system on your own. Contact Berg Injury Lawyers today for a free consultation.

Originally published January 3, 2022.

Rideshare Fraud: Tips to Avoid Fake Uber Drivers

by Staff Blogger | March 25th, 2024

When you need to get somewhere fast and you don’t have a vehicle or don’t want to worry about parking, it’s hard to beat the convenience and price of using a rideshare service like Uber. With a few quick taps on your smartphone, you can arrange for someone to pick you up at your doorstep within minutes and take you across town or even across the state.

However, that level of convenience comes with a price: safety. In addition to riders being at risk of injuries in crashes, riders also risk getting into rideshare vehicles with imposters.

While driving for Uber can be a good way to make money, not everyone who wants to drive for Uber can. For example, these potential Uber drivers may not have a valid license, or may have failed the Uber driver screening due to a criminal record or a history of impaired driving. People who otherwise may be ineligible to drive for Uber may commit identity fraud by using others’ identification, driving under others’ employee IDs and numbers, using others’ vehicles, or even creating fake identification.

Other ill-intentioned people may see someone waiting for an Uber and take the opportunity to impersonate that driver and encourage you to get in their vehicle before the legitimate driver arrives.

Fake Uber drivers are more common than you think, and they can put riders’ safety in jeopardy. Whether you’re a daily Uber user or a sporadic rider, here are a few tips you can follow to reduce your risks of being picked up by a fake driver.

Verify the Driver and Vehicle

Before getting into an Uber, take a moment to verify a few things:

Check the App Details: Before entering the vehicle, ensure the driver’s name, photo, and car details (make, model, and color) match what’s displayed in your Uber app. Uber provides this information for your safety, and any discrepancies should be a red flag.
Match the License Plate: Always compare the license plate number with the one shown in your app. This is one of the simplest and most effective ways to ensure you’re getting into the right car.
Wait for the Driver to Confirm Your Name: A legitimate Uber driver will know your name and use it to confirm the ride. Instead of asking, “Are you [driver’s name]?” let them ask, “Are you [your name]?” This prevents a fraudster from simply agreeing with whatever name you suggest.

Protect Yourself via Location and Pickup Timing

Where and when you’re picked up can make a difference in your safety. Keep these in mind when requesting and waiting for an Uber:

Choose a Safe Pickup Location: Whenever possible, request your ride from a secure, well-lit area. Avoid isolated or dimly lit spots where you’re more vulnerable to opportunistic criminals.
Be Aware of the Timing: Pay attention to the estimated arrival time in the app. If a car shows up too early or too late without a plausible explanation or an update via the app, it could be a red flag.

Stay Informed and Alert

It’s important to always prepare for things to go wrong when you request a rideshare pickup. Preparing yourself for the unexpected includes the following steps:

Share Your Trip Details: Uber allows you to share your ride details with friends or family. Utilize this feature so someone you trust can track your journey in real-time, providing an additional layer of security.
Keep Personal Information Private: A real Uber driver doesn’t need to know your personal phone number or other private details. Conversations and any necessary communications should happen through the app to protect your privacy.
Trust Your Instincts: If something feels off, trust your gut. You are under no obligation to enter a vehicle if you feel uncomfortable or if there are any discrepancies. It’s better to cancel the ride and order a new one if needed.

Steps to Take if You’re Picked Up by an Imposter Uber Driver

If you believe you’ve encountered a fake Uber driver or have been a victim of rideshare fraud, take the following steps:

Ensure Your Safety First: If you’re still in the Uber, ask that the ride be stopped and that the driver drop you off in a safe location immediately.
Report the Incident to Uber: Use the app to report the incident. Uber has protocols to handle these reports and can take action to prevent future incidents.
Contact Law Enforcement: If you’ve been defrauded or feel threatened by the imposter driver, contact local law enforcement to report the crime.

Contact Our California Car Accident Lawyers for a Free Case Review If You’ve Been Injured in a Crash

One thing many imposter Uber drivers have in common is their lack of knowledge, experience, skills, and licensure. Many of them may not have valid California driver’s licenses, and they may not have the ability to pass a driving test to obtain one. That makes them extremely dangerous behind the wheel to themselves, to you, and to others on the road.

If you’re injured in a crash caused by a reckless, impaired, or otherwise negligent Uber driver, whether they’re an imposter or a verified driver, you may be eligible to receive compensation for your damages. Contact the California auto accident attorneys at Berg Injury Lawyers today for a free consultation.