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.

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.

1. 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.
2. 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.
3. 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.
4. 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.

Dealing With Renal Trauma After a Car Accident

by Staff | February 13th, 2024

Car crashes lead to serious injuries and fatalities every year. In the first half of 2023, 19,515 people died on the roads in the U.S. according to estimates by the National Highway Traffic Safety Administration.

According to the National Safety Council, around 5.4 million people seek medical attention for injuries suffered in motor vehicle accidents every year. In 2020 the average claim for injuries for those involved in crashes was more than $20,235, due partially to increasing medical costs.

Among the serious injuries caused by car accidents is renal trauma. The results of these injuries can be life-threatening or life-altering, such as internal bleeding, kidney failure, and lifelong medical treatment.

WHAT IS RENAL TRAUMA?

Renal trauma is when an exterior force injures a kidney. Although the kidneys are well protected by the ribcage and back muscles, damage to them may be caused by either blunt or penetrating trauma.

Blunt trauma is an impact that doesn’t break the skin but still causes damage to the kidney. Penetrating trauma is where the damage is caused by the object passing through the skin and entering the body.

Any kind of renal trauma may prevent a kidney from working correctly and carries the potential to be serious.

The kidney’s main purpose is to act as the body’s filter. It keeps us healthy by:

• Regulating blood pressure and red blood cells counts
• Removing waste through our urine
• Maintaining fluid balance
• Maintaining electrolyte levels

When the kidneys are damaged, these functions may be compromised, causing the body serious problems. In some cases, the accident victim may require dialysis.

HOW DOES RENAL TRAUMA HAPPEN IN A CAR CRASH?

The kidney is the most common injured organ in serious trauma cases. Renal blunt trauma may be caused in car accidents by an impact with any part of the vehicle’s interior, such as door handles or controls.

It may also occur when the body is jolted after being propelled forward quickly. Children are particularly vulnerable to this type of injury in a car crash.

Penetrating trauma may be caused by an object entering the body. This can be a part of the accident victim’s car, the other driver’s car, or another piece of debris involved in the crash.

Renal injuries are categorized on a 5-grade scale. Minor injuries such as bruising are grade 1. Grade 5 is the most serious, such as where the kidney is no longer connected to the body’s blood supply.

HOW SERIOUS ARE THE EFFECTS OF RENAL TRAUMA?

Suffering renal trauma can have an impact on your overall health. Possible symptoms of renal trauma include:

• Painful bruising to the abdomen
• Internal bleeding
• Increased heart rate
• Dizziness, or fainting
• Severe pain in the abdomen, made worse with movement

Treatment for minor renal injuries might include hospital rest until there is no blood in the urine. After leaving the hospital, the accident victim will have to stay alert for continued bleeding and high blood pressure.

Surgery is sometimes necessary when there’s a significant blood loss or the kidney is badly damaged. If the damage is too severe and the surgeon cannot save the kidney, they may opt to remove it.

The cost of kidney injury treatment in hospitals is substantial. A report by the Society of Hospital Medicine in 2017 found that acute kidney injury patients’ hospital costs were greater than those with heart attacks and were comparable with patients suffering from pancreatitis or strokes.

Medical costs incurred by rental trauma are a difficult financial burden at a very distressing time.

WHAT TO DO IF YOU’RE INJURED IN AN ACCIDENT

If you were injured in an auto accident, you need to gather as much evidence as possible to support your claim for compensation. The information you need includes:

• Photographs of the accident site, your injuries, and damage to the vehicles
• The names and contact information of independent witnesses
• The other driver’s insurance details, license number, name, and address
• Notify your insurance company
• Medical records from your doctor

If you have been seriously injured in the accident, you may be unable to collect this evidence yourself. When you hire a personal injury lawyer, they can gather this vital information on your behalf.

TALK TO A CAR ACCIDENT LAWYER ABOUT YOUR INJURIES

Serious injuries like renal trauma can cause severe and ongoing financial problems for accident victims. You need California car accident lawyers to protect your legal rights so you can receive the long-term healthcare you require without worrying about how to pay for it.

Contact Berg Injury Lawyers to arrange a free consultation to discuss the details of your case. With our No Fee Guarantee®, you don’t pay any legal fees unless you win your case. Learn how we can help you recover the damages you are entitled to for your injuries.

Originally published December 27, 2021.

Who Is it at Fault for a Lane-Change Collision?

by Staff | January 16th, 2024

Determining liability is not always straightforward in a lane-change collision. You’ll need to know which California laws apply to unsafe lane changes. You must also understand what factors are at play when establishing liability for a collision during a lane change.

One of our experienced California car accident lawyers at Berg Injury Lawyers can help you determine fault in your case after a serious lane-change car accident so you can receive a fair settlement for your losses.

What are California’s Laws for Unsafe Lane Changes?

California vehicle law prohibits drivers from making unsafe lane changes. According to this law, drivers can move left to right or turn from the main roadway when it’s safe to do so and after signaling their intentions to other cars. Drivers are required to signal at least 100 feet before turning left or right.

No driver can suddenly stop or reduce the speed of their vehicle without first giving a signal. If a driver cannot use the turn signals in their vehicle, they should use the appropriate hand signals to indicate when they are changing lanes left or right or when they are stopping or decelerating the speed of their vehicle.

What Causes a Lane-Change Collision?

A collision might occur if a driver underestimates the space between two vehicles. If the driver fails to merge properly on a roadway after stopping or yielding, they can collide with another vehicle.

A lane-change collision can also be caused by:

• Merging too slowly onto a lane compared to ongoing traffic
• Speeding up to make a lane change
• Changing lanes without signaling
• Crossing multiple lanes at once
• Bypassing other traffic to change lanes
• Not checking side mirrors before merging
• Changing lanes without checking blind spots
• Low visibility from weather conditions like fog or heavy rain

Other situations can hold a driver liable for a lane-change collision. According to the Insurance Information Institute and the National Highway Traffic Safety Administration, these factors play a role in fatal collisions:

• Driving over the posted speed limits
• Alcohol or drugs
• Refusal to yield right of way
• Inability to stay in the proper lane
• Reckless driving
• Distracted driving

How Are Drivers Found to Be at-Fault for Lane-Change Collisions?

In a lane-change collision, the court will examine various evidence to determine who is at fault. This can be determined in multiple ways, including:

• Witness testimony
• Dashcam video footage
• Black box or electronic data recording of the car’s speed and brakes at the time of the accident
• Data of text messages or calls made by the driver while driving
• Pictures of the damage to vehicles and the scene of the accident
• Police report that includes all the details of the accident, including the road and weather conditions
• Test results for alcohol, drugs, or blood
• Traffic camera footage

What About California’s Negligence Laws?

Liability issues often complicate lane-change accidents. Even though the other driver may share some blame for the accident, the court may also examine your role in the accident based on evidence. You might be held liable if the other car changed lanes in front of you while you were texting.

This type of situation falls under the comparative negligence rule in California. If the court finds you were partially at fault for the accident, your share of fault will reduce the settlement amount. Furthermore, if a driver violates a statute, they are presumed to be “negligent per se” under California law. If a driver makes an unsafe lane change, they are negligent per se since the act violates a California vehicle law.

Contact the Accident Attorneys at Berg Injury Lawyers

Talk with an experienced car accident attorney who can help you get answers to your questions about fault and damages after a collision caused by changing lanes. A car accident lawyer at Berg Injury Lawyers can investigate the facts of your case and work to protect your rights while helping you increase your chances for financial compensation.

Contact our legal team at Berg Injury Lawyers for a free consultation. We can evaluate your case and let you know the best course of action in the future to ensure that you get the best outcome possible.

Originally published November 15, 2021.

California School Bus Driver Requirements

by Staff Blogger | December 19th, 2023

With over 10,000 public schools in the Golden State, the California school transportation system is effectively the state’s largest mass transport network and one of the largest nationwide.

California schools operate about 24,000 buses and transport over 1.1 million students of all ages each day, presenting numerous employment opportunities for safe and qualified drivers.

If you’re a parent, you might be wondering what qualifications a person must possess before they can drive a bus full of schoolchildren. Let’s review the requirements to become a school bus driver in California and find out why their education and training are crucial to road safety.

LEGAL REQUIREMENTS

Although the specific requirements to become a school bus driver in California may vary slightly between counties, all applicants must meet the following state requirements:

• Be at least 18 years old
• High school diploma
• Medical examination certificate asserting the applicant’s good physical condition; must not suffer from Type 1 diabetes (insulin-dependent), epilepsy, seizure disorders, or unmedicated high blood pressure
• Department of Justice fingerprint clearance
• Valid driver’s license with a clean driving record
• Clean criminal record
• Clean alcohol and controlled substance test results

If you meet all these criteria, you may apply to obtain a California Commercial Driver’s License (CDL). The legal requirement to drive a school bus in California is an S Endorsement on your license.

Obtaining the coveted S on your license is challenging; you must first apply for and receive a CDL with a P endorsement, which allows you to drive a vehicle capable of carrying 16 or more passengers, such as standard commercial buses.

If you’re starting from scratch, here are the requirements you’ll need to pass:

1. Visit the local DMV and apply for a Commercial Instruction Permit (CIP).
2. With your CIP in hand, apply for a Commercial Driver’s License (CDL) Test, Class A or B.
3. Once you have your CDL, apply for the Passenger Transport Test to obtain your P endorsement.
4. If you possess a CDL with a P endorsement, you may apply for an S endorsement test.

Passing the S test and obtaining both the P and S endorsements means you are qualified to operate a school bus in California.

WHAT TRAINING DO SCHOOL BUS DRIVERS RECEIVE?

Although applicants must apply at a local school or education facility, all training and education materials are managed by the California Department of Education (CDE). The state mandates a minimum of 20 hours of classroom time and 20 hours of driving time.

California’s training requirements are among the strictest in the nation, placing a high degree of importance on safety and skillful driving. School bus operators must know all relevant laws, regulations, and rules. This helps reduce the risk of a crash.

A typical California school bus driver class schedule includes multiple elements. The first day is typically an orientation day, where applicants learn state and local laws. Then, they have an interview with the California Highway Patrol, education regarding school bus vehicle parts and components, safe vehicle loading and unloading, passenger management, and expected driver-student interactions.

Applicants also learn to conduct a vehicle inspection and systems check (tires, brakes, lights, steering, etc.), which is required before starting each workday. Most bus driver training courses also include education on emergency procedures such as defensive driving techniques, emergency loading and unloading, and first aid.

Applicants will also learn how to manage field trips and special needs students and a short public relations module.

The final day is devoted to the exam, known as the CHP Rules and Regulations Test. Passing is critical to becoming a certified school bus driver.

WHY QUALIFIED SCHOOL BUS DRIVERS ARE ESSENTIAL

According to the NHTSA, school buses are the most regulated vehicles on the road nationwide, making them approximately 70 times safer than a standard passenger car. Similarly, certified school bus drivers must pass rigorous tests proving they are in good physical and mental condition to reduce their risk of causing a crash.

Although these requirements may seem stringent, they are instrumental to students’ safety. Most often, a qualified, properly trained school bus driver makes a difference on the road, making them one of the safest types of drivers nationwide.

HOW PARENTS AND SCHOOLS CAN HELP ENSURE SCHOOL BUS SAFETY

Ensuring the safety of children on school buses needs to be a collaborative effort. While bus drivers undertake extensive training, parents and schools also play a critical role. Here are some ways all parties involved can help improve safety:

Effective Communication

Parents and schools should maintain open communication channels with bus drivers. This includes sharing up-to-date information about child passengers’ health issues, emergency contacts, bullying or behavioral problems, and any specific needs that may affect the children’s safety on the bus.

Safety Drills and Awareness Programs

Parents should participate in school-organized safety drills to understand how their children are expected to respond in emergency situations. Schools can also organize awareness programs for parents to cover strategies to keep children safe on and around buses and bus stops.

Distribution of Safety Protocols

Parents and schools need to be familiar with the safety protocols in place for boarding, riding, and exiting the school bus, including emergency evacuation procedures and seat belt use (if available). Schools should make sure written guidelines are distributed to reinforce the information shared during drills and awareness programs.

Teaching Children About Safe Behavior

Parents play a crucial role in teaching children about safe behavior on the bus, such as staying seated, not distracting the driver, and keeping aisles clear. Parents should reinforce to their children the importance of following bus rules and respecting the authority of the bus driver and any onboard monitors.

Holding Negligent Drivers Legally Accountable

Parents should report any incidents of negligence or unsafe driving to the school and relevant authorities immediately. In cases where a bus accident is caused by the negligence of the bus driver or another motorist and children are hurt, it’s important to hold those responsible legally accountable.

After an accident, parents may need to consult legal professionals to understand the steps necessary for legal recourse.

NEED AN EXPERIENCED BUS ACCIDENT LAWYER?

Traffic accidents involving a school bus can be especially devastating and complicated. Berg Injury Lawyers has over 40 years of experience providing injury victims with expert representation in a court of law. Contact one of our qualified California car accident lawyers today and schedule a free initial consultation.

Our No Fee Guarantee ensures you do not pay any fees unless you win your case.

Originally published February 21, 2022.

Off-Road Vehicle Accidents in California’s Deserts: A Personal Injury Perspective

by Staff Blogger | December 18th, 2023

Off-road activities in California in regions like the Rasor Off-Highway Vehicle Recreation Area are gaining popularity among residents and tourists. These adventurous activities provide a thrilling opportunity to discover the state’s unique terrains.

However, off-roading can be risky, leading to serious injuries. A national report found that there were 526,900 emergency room visits due to off-highway vehicles between 2016-2020 and 2,211 deaths between 2016-2018.

If you’re hurt in an off-roading crash, you may be entitled to compensation. Our California off-roading accident attorneys at Berg Injury Lawyers can help you determine if another party is at fault for your injuries and help you seek a fair settlement.

Risks of Off-Roading

Off-roading in California is an exhilarating experience, given its range of terrains. However, this varied landscape introduces specific challenges for riders and passengers. Among the potential dangers to be cautious of are:

• Unpredictable weather. Desert regions can experience extreme temperature fluctuations and flash floods, making off-road conditions treacherous.

• Rough terrain. The diverse landscape of California, with its loose gravel, deep sand, and steep inclines, is challenging, even for experienced drivers.

• Collisions with stationary objects. Dense forests and rugged trails often hide obstacles like trees, posts, and large rocks, increasing the collision risk.

• Inadequate safety gear. Many off-roaders underestimate the need for full protective gear, exposing skin and vital areas to potential harm from contact with the ground or objects like rocks and trees.

• Vehicle collisions. Off-roading trails can be narrow and winding, and with limited visibility, it’s easy to come across another vehicle unexpectedly.

• Passenger injuries. Uneven and bumpy trails can result in sudden jolts, where unsecured passengers risk being thrown around inside the vehicle.

• Failure to mark hazards. Trails might have hidden drop-offs or sudden ditches that are not always clearly marked, catching drivers off guard.

• Negligence of fellow off-roaders. Some drivers can be overconfident or careless, taking risks that endanger others on the trail.

• Faulty vehicle equipment. Off-roading vehicles made with subpar components, like tires, brakes, or steering, can be dangerous. If these parts fail on off-road trails, they can cause serious injuries.

Liability Issues for Off-Roading Accidents

If you suffer severe injuries in an off-roading accident, you may incur costly medical bills and lose out on wages during your recovery. In off-roading accidents between 2016 and 2020 in the U.S., 19% of accident victims were hospitalized for their injuries.

If your injuries were due to another’s negligence, you may be able to seek compensation for the damages. In off-roading accidents, the following parties may be responsible:

• Off-road vehicle drivers. Every off-roader has a responsibility to drive safely, prioritizing the well-being of themselves, their passengers, and fellow adventurers. If they engage in negligent behaviors, such as speeding on narrow paths or driving while under the influence, and cause injury to others, they can be held liable.

• Equipment manufacturers. Faulty gear or vehicle components can lead to accidents. If an equipment malfunction is due to a manufacturing defect, the manufacturer could be held accountable.

• Property owners. If the off-roading trail is on private property and there are unmarked hazards or unsafe conditions, the property owner may be liable.

• Event organizers. In organized off-roading events, if adequate safety measures were not implemented or participants were not adequately briefed, the organizers could be at fault.

• Vehicle maintenance companies. If a vehicle recently underwent maintenance and a crucial part failed due to poor service, the maintenance provider might be held responsible.

• Government entities. In cases where public lands or trails lacked proper signage and maintenance or had other hazardous conditions, a government body might be liable.

Safety Measures for Off-Roading

Safety should always be a priority when engaging in off-road activities. Consider the following measures to reduce potential hazards:

• Vehicle inspection. Regularly check your vehicle for any maintenance issues, ensuring brakes, tires, and lights are in optimal condition.

• Use safety gear. Always wear protective equipment such as helmets, gloves, and appropriate clothing. Helmets are required for riding ATVs in California.

• Drive within your skill level. Only attempt overly challenging terrain or maneuvers with the necessary experience or training.

• Stay within designed speed limits. In California, off-road vehicles must travel under 15 mph on main roads in parks and within 50 feet of campsites or where people or animals are concentrated.

• Stay on designated trails. Avoid creating new paths or driving on unmarked terrain to reduce environmental impact and the risk of unknown hazards.

• Avoid alcohol and drugs. Driving in an off-road vehicle under the influence of drugs or alcohol is illegal in California. Do not consume alcohol or take any illicit or prescription drugs before getting on an off-roader.

• Attend off-roading courses. Training sessions can offer invaluable skills and techniques for various terrains and situations.

• Use a spotter. When navigating challenging obstacles, having someone outside the vehicle guiding you can help prevent an accident.

• Keep communication tools. Carry a radio or satellite phone, especially in areas with poor cell reception.

Seek Legal Counsel After an Off-Roading Incident

If you’re hurt in an off-roading accident due to another’s actions, you need legal counsel to help you get compensation. At Berg Injury Lawyers, we understand the complexities of off-road accident claims and are dedicated to ensuring victims receive the settlement they deserve.

We have experience with all areas of personal injury law, including driver negligence and property liability issues. Contact us today for a free consultation where we can review your case.

Understanding California’s Prop 213 for Uninsured Drivers

by Staff Blogger | December 4th, 2023

In California, Proposition 213 is critical legislation for uninsured drivers. This law was enacted in 1996 to address uninsured motorists and insurance fraud. It limits what you can claim in a car accident if you don’t have insurance. Specifically, Prop 213 says you can’t seek compensation for emotional pain or suffering after a crash, even if you are not at fault.

If you’re involved in a collision and don’t have insurance, speak with a California car accident attorney from Berg Injury Lawyers. We can help you understand how Prop 213 affects your potential settlement and protect your interests. 

What is Prop 213?

Prop 213 is a California law that affects what you can claim in a vehicle collision. It tightens the rules around uninsured drivers and those convicted of certain driving offenses.

In California, all drivers must carry a minimum amount of liability insurance to cover damages if they cause a car accident. If you don’t have insurance, Prop 213 sets clear boundaries on what damages you can receive if you are a crash victim.

Under the statute, you’re ineligible for non-material compensation if:

• You were driving illegally under the state’s DUI laws (CVC 23152 and CVC 23153)  and were convicted
• If you owned the involved car but didn’t have insurance
• If you were driving and couldn’t prove you had the necessary financial coverage like insurance

Technically, the statute doesn’t stop you from seeking non-economic damages like emotional pain or suffering. However, it clarifies that insurance companies don’t have to pay for these types of losses if you fall under the conditions specified by the law.

How Does Prop 213 Affect Uninsured Drivers?

Understanding California’s Prop 213 is crucial for anyone driving without insurance in the state. This law has far-reaching implications, especially when it comes to what you can claim if you suffer serious injuries in a car accident.

• Limits on claims. Under Prop 213, if you’re uninsured and involved in an accident, you’re restricted to claiming only economic damages like medical bills and car repairs.

For example, you’re uninsured and get rear-ended at a stoplight. Usually, the other driver is at fault, which would allow you to claim damages, including emotional distress. Under Prop 213, however, you can only seek a payout for monetary damage to your car and medical expenses.

• No-fault exclusion. Prop 213 applies even if the other driver is entirely at fault. For example, another driver runs a red light and hits you, causing lasting emotional distress.

If you had insurance, you could claim non-economic damages against the person who hit you since they are liable under California’s at-fault insurance laws. Under Prop 213, you cannot claim these damages even though you didn’t cause the accident.

• Comparative negligence. If both parties share some fault in the accident under the state’s pure comparative negligence doctrine, Prop 213 restrictions still apply to you.

For example, you and another driver are partially to blame for a crash. Even if you’re 10% at fault, you can’t claim non-economic damages, which reduces your overall compensation.

Exceptions to Prop 213

While imposing strict limits on uninsured drivers, Prop 213 does have some exceptions, including:

• Passenger exception. Prop 213 does not apply to passengers, acknowledging their lack of control over the vehicle’s insurance status. Passengers of uninsured drivers can receive full compensation for injuries sustained in an accident as long as they are not the owner of the vehicle.

• Intoxication. If you’re uninsured and get hit by someone driving under the influence, you can still claim non-economic damages as long as the other driver is convicted. This exception allows for more leeway in what you can claim when the other party is breaking the law by driving impaired.

• Company-owned vehicles. If you’re driving a company car and your employer didn’t insure it, you can still claim damages for pain and suffering.

• Innocent spouse. If you’re married and your spouse didn’t get insurance without your knowledge, you’re not barred from claiming non-economic damages.

• Private property accidents. If the accident happens on private property, Prop 213’s restrictions on damages don’t apply. This means you can claim emotional pain and suffering even if you’re uninsured.

• Borrowing an uninsured car. If you have your own insurance but borrow a car that’s not insured, you can still claim pain and suffering damages. This recognizes that you did your part by having insurance, even if the car you borrowed did not.

Challenges and Considerations for Accident Victims

While navigating the complexities of Proposition 213 and its exceptions, there are several things that California drivers may want to consider.

• Seek legal counsel. To ensure you are receiving the compensation you rightfully deserve, seek legal counsel to understand your rights. The experienced California car accident attorneys at Berg Injury Lawyers can help you navigate the law and pursue any exceptions that may apply.

• Gather evidence. Gather evidence like medical records, photos, witness testimony, and police reports after your crash. This can support your claim for economic damages or non-economic compensation if you qualify for an exception under Prop 213.

• Plan for financial repercussions. Proposition 213 limits your potential compensation, which may result in additional financial stress. While you can get help with medical bills, you may need to consider low-cost or free alternatives to cope with the emotional consequences of your accident.

• Be aware of future insurability. Getting into an accident under Prop 213 could make your future insurance more expensive or harder to get. Your best option is to obtain insurance before a collision to avoid long-term consequences.

Protect Your Right to Compensation

If you’re injured in an accident that’s not your fault, you deserve compensation. Although Prop 213 may limit what you’re entitled to in California, working with a qualified attorney can help maximize your compensation.

Our legal team at Berg Injury Lawyers knows how to handle insurance claims involving uninsured drivers. We can investigate the accident to determine if you are exempt from Prop 213’s restrictions or help you get the maximum compensation allowed based on your insurance status.

Contact us today for a free consultation. Let us protect your interests and work to get you a fair settlement.

The Hidden Dangers of California’s Scenic Coastal Highways: Accident Statistics and Safety Tips

by Staff Blogger | October 16th, 2023

California’s coastal highways are nothing short of breathtaking. Stretching along the Pacific Ocean, they offer some of the most spectacular views in the world. From the iconic Pacific Coast Highway (PCH) to the scenic Route 101, these roads are integral to the California experience.

However, navigating these highways can be dangerous. Heavy traffic, unexpected sharp curves, unpredictable weather, and looming cliffs make driving in these areas treacherous, especially at night.

Understanding how to travel safely on California’s coastal roads can help prevent accidents and maintain the integrity of the natural landscape. If you suffer injuries in a vehicle collision, our California car accident lawyers can explain your legal options and help you seek compensation.

What the Stats Say

Every year, multiple accidents happen on California’s coastal highway. For example, The Hollywood Reporter found that between 2012 and 2022, there were 49 fatalities on a 21-mile stretch of the PCH in Malibu alone.

Counties with coastal areas experienced a high number of accidents, resulting in fatalities and injuries in 2020. The California Office of Traffic Safety reports the following statistics for popular coastal areas such as Los Angeles, San Diego, San Francisco, and Orange County:

Causes of Coastal Highway Accidents

Accidents on coastal highways happen for many reasons. Crashes on these scenic roads are often due to driver negligence, such as:

• Distracted driving. While panoramic ocean views are mesmerizing, they can pull a driver’s focus away from immediate hazards, leading to delayed reactions or missed signs.

• Speeding. Drivers often speed on open stretches of road on coastal highways. However, these roads’ unpredictable curves and winding nature make speeding hazardous.

• Impaired driving. Coastal routes, often dotted with nightlife spots and eateries, mean some drivers operate their vehicles under the influence of alcohol. This impairment hinders judgment, reflexes, and driving capability, escalating the risk of collisions.

• Adverse weather conditions. Proximity to the ocean means sudden fog banks or unexpected rain showers, altering road conditions in a heartbeat. This can lead to reduced visibility and slippery surfaces, demanding greater caution from drivers.

Tips for Safe Coastal Highway Driving

When driving on the California coast, you can help prevent an accident by operating your vehicle safely and being aware of others on the road. The following tips can help you stay safe and reduce your risk of involvement in a car crash:

• Obey speed limits. Follow posted speed limits, as they can change abruptly on California’s coastal highways. Excessive speed is a common cause of accidents, and strict enforcement ensures road safety.

• Avoid distractions. Focus on the road; don’t use your phone, adjust the radio, or engage in distractions. Coastal highways require full attention due to twists, turns, and potential hazards like landslides or boulders.

• Use headlights in low visibility. Use your headlights during adverse conditions to improve your view of the road and help other drivers see you. In fog, turn on low-beam lights instead of high-beam to increase visibility for you and other road users.

• Stay alert to curves. Pay attention to road signs warning of upcoming turns. Reduce your speed before entering a curve to maintain control of your vehicle.

• Follow local traffic regulations. Familiarize yourself with California’s traffic rules, including right of way, lane passing, and yielding to emergency vehicles. Complying with these regulations promotes smooth traffic flow and prevents accidents.

• Obey DUI laws. California has strict DUI laws. Never drive under the influence of alcohol or drugs — not only is it illegal, it can cause serious harm to you, your passengers, and others on the road. Designate a sober driver or use alternative transportation if you plan to drink.

Prioritize Your Safety on California’s Coastal Highways

California’s coastal highways offer more than just picturesque landscapes; they showcase California’s natural beauty. Driving responsibly and exercising caution helps protect all road users and preserve these routes for new generations.

At Berg Injury Lawyers, we protect your rights when an irresponsible driver causes harm. If you suffer injuries due to another’s negligence, our legal team can work to settle your case and help get you the best results possible, as quickly as possible.

Contact us today for a free consultation where we can review your case and help you start a vehicle accident claim.

The Impact of California’s DUI Laws on Accident Claims

by Staff Blogger | October 2nd, 2023

Driving under the influence of alcohol or drugs is a severe offense in California because it can result in catastrophic consequences, including injuries, fatalities, and property damage. California’s stringent DUI laws serve as a deterrent and influence accident claims, often complicating the path to compensation for victims.

A California car accident attorney can help you understand and navigate the DUI laws and help you receive maximum compensation after a DUI-related accident.

California’s DUI Laws

California takes a zero-tolerance approach to DUI, and the illegality of operating a vehicle under the influence of alcohol or drugs is vigorously enforced. A DUI conviction can result in substantial fines, license suspension, and even imprisonment, depending on the severity of the offense and whether it’s a first-time or repeat offense.

Section 23152 of California’s vehicle code states the following:

• 23152(a)(e)(f) makes it illegal to drive under the influence of alcohol, drugs, or a combination of both.
• 23152(b) specifies that driving with a BAC over .08% is illegal.
• 23152(c) makes driving while addicted to any drug illegal unless the driver is participating in an approved treatment program for narcotics.
• 23152(d) states that it is illegal to drive a passenger-for-hire vehicle with a BAC of over .04%.

California Statute 23153 focuses on unlawful behavior related to driving under the influence of alcohol or drugs when the behavior causes bodily injury to someone other than the driver.

• 23153(a)(e)(g). These sections make it illegal to drive under the influence of alcohol, drugs, or a combination of both while violating traffic laws or neglecting duty of care to other people on the road. It applies when these actions result in bodily injury to another person.
• 23153(c). This section states that there is no need to prove a driver violated a specific section of the code to show negligence.

The penalties for breaking these DUI laws are severe. Under Section 23566(a)-(e), repeat offenders of DUI causing injury or great bodily harm face increasingly severe penalties. These can include:

• A prison term of up to 4 years, fines up to $5,000, and revocation of their driver’s license and privileges if they have 2 or more violations in 10 years.
• The same penalties apply if the person is convicted of four or more DUI violations in 10 years. However, they will receive an extra 3 years in state prison.
• They will be designated as a habitual traffic offender for 3 years post-conviction.
• If serving time in state prison, they must participate in a drug or alcohol program.

If a person is convicted of a DUI causing injury under Section 23153 and they have a separate conviction for specific driving offenses within the last 10 years, they face additional penalties. These include imprisonment in state prison or county jail for a minimum of 120 days to a maximum of one year and a fine ranging from $390 to $5,000.

The individual’s driving privileges will be revoked by the Department of Motor Vehicles. The court will also require them to surrender their driver’s license.

Consequences of a DUI in California for Victims

DUI incidents in California can have grave consequences for victims, leaving behind a trail of devastating outcomes, such as:

• Physical and emotional trauma. DUI accidents often cause severe physical injuries to victims, ranging from broken bones to traumatic brain injuries. These injuries can cause long-term pain, disability, and emotional trauma for victims and their families.

• Fatalities. Impaired driving can lead to tragic fatalities. Innocent lives are lost because of the reckless actions of impaired drivers, leaving grieving families to cope with the loss.

• Property damage. Vehicles and other property can be extensively damaged, adding financial stress to the emotional toll.

• Financial burden. Victims of DUI accidents face substantial financial obligations. Medical bills, rehabilitation costs, and ongoing treatment expenses can quickly accumulate, burdening victims and their families.

• Lost income. Injuries sustained in DUI accidents can lead to extended periods of work. Lost wages and reduced earning capacity further contribute to the financial strain experienced by victims.

• Emotional distress. The emotional impact of a DUI accident can be overwhelming. Victims may suffer from anxiety, depression, post-traumatic stress disorder (PTSD), and other emotional distress.

How DUI Laws Can Affect Your Accident Claim?

Navigating the aftermath of an accident with an impaired driver is complex. California’s DUI laws can affect the type of compensation you may be eligible for and how your attorney may approach your case.

• Liability and Compensation

In California, a DUI is considered a form of negligence per se, automatically establishing liability on the part of the impaired driver. This can make it easier for victims to claim compensation for medical expenses, lost wages, and emotional suffering.

However, a DUI violation doesn’t necessarily guarantee full compensation, especially when dealing with insurance companies.

California is an at-fault state, which means the other driver’s insurance company is liable for covering your damages. Insurance companies may attempt to minimize payouts or find reasons to deny claims, so having evidence of the driver’s DUI conviction can support your case and improve your chances of receiving the compensation you deserve.

• Insurance Coverage

Insurance companies may be hesitant to fully compensate victims in DUI-related accidents, particularly if the at-fault driver’s insurance policy doesn’t adequately cover the damages. They may also attempt to reduce their liability by arguing contributory negligence on the victim’s part.

• Punitive Damages

One unique aspect of DUI-related accident claims in California is the potential for punitive damages. These are above and beyond the compensatory damages and are designed to deter reckless behavior. Courts are more inclined to award punitive damages in DUI cases as a warning to society about the consequences of driving while impaired.

• Legal Complexities

Navigating the legal aftermath of a DUI-related accident can be complex for victims. Factors like impaired driver’s blood alcohol level, the timing of chemical tests, and whether drugs were involved can all complicate establishing fault and seeking compensation.

If you’ve been a victim of a DUI-related accident, consulting with a knowledgeable personal injury attorney experienced in DUI-related claims is crucial. They can help you understand your rights, the damages you can claim, and how to deal with insurance companies.

Seeking Justice After DUI-Related Accidents in California

California’s DUI laws are some of the strictest in the country, a reflection of the devastating impact DUI-related accidents can have. These laws determine criminal charges and influence accident claims, affecting liability, compensation, and insurance coverage.

Our experienced California car accident attorneys at Berg Injury Lawyers will fight for your rights, communicate with insurers, and help you secure fair compensation. But don’t just take our word for it. Browse our client testimonials to get to know us and learn how we can help you.

Contact us at any time to arrange your free consultation. We can review your case and help you determine your next legal steps.