Everything You Need to Know About Unmarked Crosswalks in California

by Staff | September 21st, 2023

Originally published March 1, 2021.

Unmarked crosswalks are very common throughout California. With the absence of pedestrian traffic signals, drivers and pedestrians both might be confused about who has the right of way. Fortunately the law is very clear on the matter: the pedestrian has right-of-way and cars must yield to them. But situations vary, and unmarked crosswalks can make things more complicated in the event of an injury or pedestrian accident involving a vehicle. Read on to learn more about the complexities of such cases, and how Berg Injury Lawyers can help you if you’re injured at a crosswalk.

WHAT IS AN UNMARKED CROSSWALK?

An unmarked crosswalk is the extension of a sidewalk, trail, or any other pedestrian pathway through a vehicular road. They’re located exclusively at intersections. In other words, an unmarked crosswalk is anywhere a marked crosswalk could be but does not feature painted lines or a “walk” signal.

If there are no sidewalks or pedestrian pathways near the intersection, then there is no unmarked crosswalk either, and those looking to cross should find another, more appropriate intersection to do so. However, the rules for pedestrians using an unmarked crosswalk and for crossing a street where there is no unmarked crosswalk are the same.

If you find yourself at an unmarked crosswalk as a pedestrian, you must check to make sure that stepping into the unmarked crosswalk won’t put you in the way of oncoming traffic , creating a safety risk for both you and any drivers. For example, if you walk up to a crosswalk and there are nearby vehicles rapidly approaching and not stopped at a traffic signal or far away, it’s best to wait or find a different route. However, once you start crossing the road, drivers should yield the right of way to you, the pedestrian.

UNMARKED CROSSWALKS AND PEDESTRIAN COLLISIONS

California law states that a pedestrian has a “duty of using due care for his or her safety.” That means they can’t walk into oncoming traffic.  By that same logic, if a pedestrian enters the unmarked crosswalk safely, giving approaching vehicles plenty of time and distance to stop, and they’re still hit, the pedestrian may be able to hold the offending driver responsible for any injuries suffered.

Of course, determining fault isn’t always simple in cases involving a pedestrian collision. Drivers often assert, rightly or wrongly, that they weren’t at fault for the crash. In such an instance, witnesses to the collision can be valuable resources for injured pedestrians who need to prove a driver’s fault when seeking compensation. Street cameras can also help establish liability in pedestrian collision cases.

WHAT TO DO IF YOU WERE INJURED AT AN UNMARKED CROSSWALK

If you’ve been injured at an unmarked crosswalk by a negligent driver, you have the right to file a personal injury claim against the at-fault driver for the costs of your injury. It’s essential you also seek medical treatment as soon as possible after the injury. At this stage, take care to collect as much information about the accident and injury as possible: medical records, witnesses’s contact information, security camera footage, police reports, etc.

In the hours, days, or weeks following your injury, you might be contacted by a representative of the driver’s insurance company. They’ll want you to give them a statement on the record. It’s important that you turn down the representative’s request for a statement.

Insurance companies often attempt to offer lowball settlements to injured people. It’s possible the offer an insurer makes you will be nowhere near enough to cover the many costs you face due to the actions of the at-fault driver.

Instead, consider contacting a personal injury attorney as soon as possible after your injury occurs. Your lawyer will be able to help you determine how much you’re owed and deal with the insurance company on your behalf to fight for the compensation you deserve.

BERG INJURY LAWYERS CAN HELP YOU

At Berg Injury Lawyers, our California car accident attorneys have years of experience fighting for the maximum amount of compensation our clients deserve. We offer free consultations to help you explore your legal options. Contact our team today to get started on your case.

What Are the Worst Traffic Times in Sacramento?

by Staff Blogger | July 17th, 2023

Originally published July 20, 2020.

If you live in Sacramento, you’re likely behind the wheel of your vehicle longer than most people on your typical daily commute. One study suggests that Sacramento drivers spend 60 hours each year driving in traffic, establishing the city as having the 22^nd-worst commute delay in the country.

THE WORST TRAFFIC TIMES IN SACRAMENTO

On weekdays, Sacramento’s roads are most congested between 3 p.m. and 5 p.m. On weekends, Sacramento drivers are most likely to encounter traffic between noon and 2 p.m. Unfortunately, for many commuters in Sacramento, braving long lines of vehicles during these hours of the day is unavoidable.

WHY IS TRAFFIC SO BAD IN SACRAMENTO?

The causes of our traffic woes are multifold. Sacramento is one of the fastest growing cities in California, which means there are an increasing number of vehicles on our roads. Another factor is the rise of so-called super commuters—people who face over an hour of commute times each day. The lack of affordable housing has pushed many people who work in Sacramento further away from the city, and they pay dearly in the form of time stuck in traffic.

THE CONSEQUENCES OF CONGESTED ROADS

Every year, commuters in Sacramento lose approximately $1,022 and 24 gallons of fuel because of traffic. In addition to lost time, money, and gas, congested roads cause other problems. Heavy traffic:

• Causes wear and tear on vehicles through repeated braking and accelerating.
• Blocks the path of emergency responders.
• Induces anger or “road rage” among some drivers.
• Contributes to air pollution and harmful gas emissions.

There’s also plenty of research suggesting that traffic increases the risks of car accidents. Though high-speed crashes are less likely when cars are traveling slowly, many other risks are introduced. For example, multiple-vehicle crashes and rear-end accidents can be more common when roads are congested.

IS THERE HOPE FOR A DAY WHEN SACRAMENTO HAS LESS TRAFFIC?

Probably not. If you’re hoping that these numbers will improve in the years to come, we hate to tell you things might get even worse. Researchers say that by 2030, Sacramento drivers could spend up to 70 hours a year behind the wheel during their commutes.

BUT ISN’T THERE A WAY TO SOLVE SACRAMENTO’S TRAFFIC PROBLEMS?

Easing commuters’ traffic problems is possible, though it usually requires solutions that are either impractical or impossible. The Brookings Institution, a reputable Washington, D.C. think tank, suggests four ways to deal with congestion:

1) Introducing tolls during the most heavily trafficked hours of the day to deter motorists.

2) Expanding road capacity to accommodate more drivers.

3) Expanding public transportation to give people more options.

4) Accepting it.

Yes, one of the leading think tanks in world suggests we essentially “get over it.” Brookings believes that option number four is the most realistic one. That’s because significant infrastructure improvements and tolls are politically and financially impossible in most parts of the U.S. If this esteemed think tank is right, we might benefit from looking at ways to make our commutes more tolerable.

Enjoying this article? You might also be interested in learning more about the worst traffic times in San Francisco.

HOW TO HANDLE THE STRESS OF TRAFFIC 

If traffic is to be lumped in with death and taxes as something all of us will encounter, we’re best served by looking for ways to cope with it. Here are three methods for overcoming traffic-induced stress:

1. Breathe: Researchers report that breathing techniques alleviate stress. Though some of these techniques are complex, others are doable even when behind the wheel. For example, one method of breathing for stress reduction is to simply exhale more slowly on each breath until stress subsides. Simple and effective.
2. Listen to something engaging: Maybe you have certain types of music that put you at ease, or perhaps you enjoy podcasts or audiobooks. Whatever your entertainment of choice might be, being stuck in traffic is an opportunity to enjoy it. Just make sure you keep the volume down, so you can hear warnings signs of dangerous situations and avoid causing a distracted driving accident.
3. Reframe the situation: You can view traffic as a waste of precious time, or you could view it as a break from the many demands you face at home or work. A simple change in perspective can make sitting idly much easier to endure.

Are these ideal solutions? No, we’d all prefer to spend less time in traffic. But if it’s a fact of life, we can find healthy ways to deal with it. We can do our part to keep a healthy perspective while also being mindful of the safety of our fellow motorists. What happens when you’re involved in a crash with a driver who wasn’t mindful of your safety? In these situations, there is a clear solution: Demand compensation for the crash-related expenses you face.

To learn more about traffic in California, check out the following resources:

• The Surprising Ways COVID Made U.S. Drivers More Dangerous
• Intersection Crash Statistics EVERY California Driver Should Read
• How California Might Tackle the Dramatic Increase in Road Deaths

IF YOU NEED LEGAL HELP, CONTACT BERG INJURY LAWYERS

The Sacramento car accident attorneys at Berg Injury Lawyers can’t shorten your commute, but we can help you get the payment you deserve after a car accident that wasn’t your fault. Our consultations are free, so contact us today to speak to our team for a case evaluation.

Parking Lot Right-of-Ways in California: What to Know

by Staff | June 16th, 2023

Originally published December 6, 2021.

Auto accidents can happen at any time and anywhere. Due to the busy nature of parking lots, minor accidents are quite common. There are over 50,000 accidents in parking lots and parking garages every year. This is usually because one or more drivers are not paying proper attention to what is happening around them.

In extremely busy parking lots with high volumes of pedestrians and other vehicles, it’s easy for drivers to become confused about who has the right of way. Read on to learn more about California’s right-of-way rules and how they apply within parking lots.

WHO HAS THE RIGHT OF WAY?

In California, the default rule for parking lots is that the driver who is in the flow of traffic has the right of way. This means the driver traveling in the main lane has the right of way over individuals pulling out of parking spaces or feeder lanes. Feeder lanes have the right of way over vehicles backing out of a parking spot.

A driver exiting a parking space is responsible for stopping, checking for oncoming traffic, and pulling out of the space only when they have sufficient time and room to do so safely.

At an uncontrolled intersection in a parking lot, the first car to stop at the intersection typically has the right of way. All parties should stop and then proceed slowly in the order in which they arrived at the intersection.

If two drivers arrive at an intersection at the same time, the driver on the left should yield to the driver on the right. Remember to use your turn signals even in a parking lot to communicate with other drivers.

Some parking lots have one-way lanes with directional arrows; for the safety of all drivers, it’s critical to pay attention to these markings and travel in the direction indicated.

If two drivers are vying for the same parking spot, a driver crossing a traffic lane must yield.

Just like on the road, pedestrians have the right of way in parking lots. You must yield to pedestrians who are crossing in the parking area, especially at designated crosswalks.

WHAT ARE THE MOST COMMON ACCIDENTS IN PARKING LOTS?

Fortunately, most of the parking lot accidents are at slow speed and tend to be minor incidents. The types of accidents that may occur in parking lots are:

• Driving the wrong way down a one-way lane
• Backing out of a parking space without looking
• Rear end collisions due to cars stopping suddenly
• Driving at unsafe speeds
• Turning sharply in front of oncoming vehicles
• Driving through a crosswalk or stop sign
• Distracted driving due to looking for an open parking space rather than the road ahead

The chances of serious injuries increase when the accident occurs at high speeds or involves a pedestrian. A pedestrian involved in a collision with a vehicle may suffer a range of injuries from the relatively minor, like bruises, to catastrophic, like a serious injury to the head or back.

What to Do After an Parking Lot Accident

If you are involved in a motor vehicle accident in a parking lot, make sure you:

• Take photographs of the scene, the position of the vehicles, and any injuries you have sustained.
• Record the names, addresses, and telephone numbers of any independent witnesses.
• Get the other driver’s name, address, license number, and insurance details.
• Visit your doctor as soon as possible and seek medical advice on any injuries, however minor they may seem.
• Notify your insurance company of the accident.

If you suffer an injury in a parking lot accident, it’s best to seek legal advice from a personal injury lawyer as soon as possible. They can safeguard your rights and pursue a compensation claim on your behalf.

CAN THE OWNER of the parking lot BE LIABLE?

In California, property owners may be held liable for injuries caused by the dangerous conditions of their properties, and this includes owners of parking lots. A parking lot owner may be liable for many reasons, including:

• Failing to make necessary repairs (such as fixing potholes)
• Failing to mark directions of travel in lanes
• Failing to mark crosswalks for pedestrians
• Inadequate lighting
• Failing to provide sufficient staff or staff training (such as what staff should do in the event of an injury or accident)

If you were in a parking lot accident and think you were a victim of a parking lot owner’s negligence, your best is to contact an experienced parking lot accident attorney as soon as possible. Your ability to obtain adequate compensation might hinge on the decision.

CONTACT A CAR ACCIDENT ATTORNEY AT OUR LAW FIRM TODAY

If you have suffered an injury in a parking lot due to the negligence of another driver or the parking lot’s owner, contact our firm and seek legal advice to protect your rights. You may be eligible for damages if, for example, another driver failed to yield the right of way, resulting in your injuries.

California car accident lawyers at Berg Injury Lawyers offer a no-obligation, free attorney consultation and help you pursue the compensation you are entitled to. Contact our law firm today to get started.

How to Get Someone’s Car Insurance Information After a Crash

by Staff Blogger | April 17th, 2023

Originally published on April 27, 2020.

Whether you forgot to collect the other driver’s insurance information at the scene, lost it after the fact, or were the victim of a hit-and-run, you might be wondering how to obtain someone else’s car insurance information. The access you have to this information depends on the circumstances. Let’s take a closer look.

STEPS FOR GETTING SOMEONE’S CAR INSURANCE INFORMATION AFTER A WRECK 

There are three main approaches to obtaining this information:

1. After a crash, exchanging insurance information is one of the most important steps to take after checking for injuries. In most cases, the other driver will likely agree to exchange information without much hassle.
2. After a collision, the police should be called to respond to the scene and to file an accident report. While completing this report, the responding officer will write down the insurance information of each driver involved in the accident. If the officer filing the report doesn’t give you a copy of the report in person, you can get a copy by submitting a request to the police department. You can do this yourself, or, if you’ve hired an attorney, they can request the information on your behalf.
3. If you file a lawsuit, you or your attorney can request the information as part of the discovery process of that legal action. It’s worth noting that your own insurer can also be useful in this process. After you report the crash to your insurance company, which you should do as soon as possible after the wreck, even if you weren’t at fault, your insurer will seek more details about the scope of the other driver’s policy. 

Obtaining another driver’s car insurance information after a crash is crucial for resolving any potential disputes and ensuring fair compensation. By exchanging information with the other driver, referencing the police report, or utilizing the lawsuit discovery process, you can secure the necessary information to protect your interests.

WHAT INFORMATION SHOULD YOU GATHER AFTER A CAR ACCIDENT?

The more information you obtain, the easier the claims process will be. If possible, get the following information from the other driver (and any passengers):

• Name
• Address
• Phone number
• Insurance provider
• Insurance policy number
• License number
• Registration information
• Vehicle make and model
• License plate number

At the bare minimum, you want the other driver’s name, contact information, and insurance policy number. You can also note the location and time of the crash. If there were any witnesses to the crash, gather their names and contact information.

WHAT IF THE OTHER DRIVER REFUSES TO GIVE YOU INSURANCE DETAILS?

If the other driver refuses to give insurance details, notify the police. The police officer who responds to the scene will have taken their insurance information to put in their report, which means you will have access to the information you need to file a claim.

DOES A POLICE REPORT INCLUDE INSURANCE INFORMATION?

Yes, the police report will include insurance information from all drivers involved in the accident. It will also contain any relevant facts uncovered by the responding officer, including:

• Date
• Time
• Weather conditions
• Crash diagrams
• Vehicle damage
• Any violations of the drivers

In some cases, the police report includes the opinions of the officer. It’s important to obtain a copy of the police report after a crash. The report is an information-rich document that is essential for any claims that stem from the crash.

GETTING INSURANCE INFORMATION AFTER A HIT-AND-RUN ACCIDENT

Getting insurance information after a hit-and-run is difficult. If you managed to obtain the vehicle’s license plate number, you can report it to the police. Even if you don’t get the license plate, providing the police with the vehicle type and color can help identify the driver.

If you have no information about the hit-and-run driver, you should still notify the police (hit-and-runs are misdemeanor crimes in California) and your insurance company. Hit-and-run victims can often get compensation from their own insurance companies when the identities of the other drivers are unknown.

If you’re enjoying this blog, you might also be interested in these resources:

• Does Filing an Uninsured Motorist Claim Affect Your Insurance Rates?
• How to NOT Get Taken Advantage of by Insurance Companies
• Subrogation: Why Your Insurance Company Could Take Your Settlement Money

WHEN TO CONTACT A CAR ACCIDENT ATTORNEY 

If you’ve been involved in a crash, it never hurts to explore your legal options. The greater your damages, the greater your need for experienced legal representation. Remember that the other driver’s insurance provider will seek every opportunity to lessen the perceived fault of their policyholder. If possible, they’ll shift blame onto you and look for ways to deny you the compensation you deserve.

However, each step of the claims process, beginning with the information-gathering process immediately following the crash, also presents you with opportunities to build a solid case for compensation. By contacting an attorney early in the process, you’ll maximize your chances of getting the total compensation you need.

IF YOU NEED AN ATTORNEY, CONTACT BERG INJURY LAWYERS

The California auto accident attorneys at Berg Injury Lawyers know what to do after an accident. The sooner you put us on your case, the more work we can take off your plate. Whether you were recently involved in a crash or you are partway into the claims process, contact a lawyer for help. If you need assistance getting someone’s insurance information or you want someone to handle correspondence with the other driver’s insurer, our California personal injury lawyers can help; we have offices in Alameda, Sacramento, Modesto, and Fresno. Contact us today to schedule a free consultation.

How Long Does It Take to Settle a Car Accident Case in California?

by Staff Blogger | March 6th, 2023

Car accidents can be a traumatic and life-altering experience for those involved, and settling a car accident case can be time-consuming and complex. In California, the length of time it takes to settle a car accident case can vary greatly, depending on factors such as the case’s complexity, the willingness of the parties to settle, and the court’s schedule if you are filing a personal injury claim.

This can result in an unpredictable timeline for resolution, with some cases being resolved quickly and others taking several years.

It is crucial for those involved in a car accident to understand the claims process and what to expect in terms of the timeline. Seeking the assistance of California car accident attorneys at Berg Injury Lawyers can ensure that your car accident case is handled efficiently and effectively and that you receive the compensation you deserve in a timely manner.

The Car Accident Case Process

Filing a car accident claim in California follows a standardized process with built-in timelines. The California Department of Insurance (CDI) outlines deadlines insurance companies have to receive, investigate, settle, and payout for a claim.

The following are typical steps you take when filing a compensation claim and the accompanying timeframes:

Notify the Insurance Company

The first step in a car accident case is to file a claim with the other driver’s insurance company. Once you file, the insurer has 15 calendar days to issue an initial response acknowledging their receipt of the claim. They must inform you of the start date of their accident investigation and provide instructions for sending additional documentation to prove your claim.

Negotiate with the Insurer

After sending documentation of your damages to the insurer, the insurance company has 40 days to accept or deny your claim. If they need more time to process the claim, they may request an extension with a detailed letter explaining why.

If the insurer is allowed an extension, they must provide you with a status update in writing every 30 days until they resolve your claim. By law, insurers cannot offer unreasonable low settlements or deny your claim without providing written reasoning for the decision.

Receive Your Settlement Check

If you and the insurance company agree on a settlement amount, they must pay your claim within 30 days[HP1] .

In total, insurance companies typically can take no more than 85 days from the receipt of your claim to deny or settle a claim (15 days to acknowledge receiving the claim, 40 days to accept or deny the claim, and 30 days to pay). In most cases, you can expect your settlement check about 6 weeks after you settle.

What Affects the Timeline of the Case?

Many factors influence how long it takes to settle a personal injury case, including the willingness of the insurance company to settle, the complexity of the case, and ongoing litigation.

Complexity of the Case

Complex car crash cases can take longer to settle than straightforward claims. For instance, crashes involving more than one party or commercial or government vehicles take longer to investigate because of the number of parties who may be accountable.  

It may take longer to settle if your case involves catastrophic injuries such as disfigurement or a spinal cord injury. The potential settlement for this type of case is much higher, which means the insurance company requires evidence such as medical records, diagnostic test results, and estimates of future medical needs to agree on a payout.

Insurance Company’s Willingness to Settle

When an insurance company refuses to settle for a fair amount, the next step is to send a demand letter stating your intent to file a lawsuit.

The newly passed SB 1155 outlines several changes to how demand letters are used in car accident claims. It requires claimants to allow between 30 and 33 days for the insurer to respond to a demand letter and provide detailed reasoning for taking the case to court.

Involvement in Any Lawsuits

If you move ahead with a lawsuit, you will extend the timeline for your settlement. The court process has several phases, and you must abide by its schedule and timelines for personal injury cases.

For example, if your case requires expert witnesses, you must disclose them in accordance with the rules for the county in which your lawsuit was filed. The same holds true for discovery; You must also complete the discovery phase of gathering evidence and answering interrogatories in accordance with the rules for the county in which your lawsuit was filed.

A lawsuit can result in higher compensation; however, it typically takes several months to years to receive a settlement.

Start Your Claim with an Experienced Car Accident Lawyer

Ultimately, the timeline for settling a car accident case in California can be difficult to predict, but with proper guidance and support, it is possible to reach a resolution.

Our attorneys have been helping clients get compensation for car accidents for over 40 years and will use our experience to win you a fair settlement as quickly as possible.

Contact us for a confidential, free consultation with a member of our legal team who will discuss the circumstances of your car accident and its impact on your life, family, and finances.

What Are the Worst Traffic Times in San Francisco?

by Staff | February 14th, 2023

Originally posted March 15, 2021

San Francisco sees some of the heaviest traffic in the U.S. In fact, the Bay Area has the 7th worst traffic in the nation, according to INRIX, a company that provides location-based data and analytics.

INRIX determined that San Francisco commuters spent an average of 64 hours sitting in traffic in 2021. While the onset of COVID dramatically reduced traffic in the city, the average time spent commuting has continued to increase since then, and is starting to trend towards pre-COVID levels, which had peaked at around an average of 90 hours. If you’re one of the many commuters in the city, then you might be wondering what’s the best time to get on the road (and avoid getting stuck in the dreaded San Francisco traffic).

The good news is that it’s not unpredictable! We’ve managed to pin down some of the worst traffic times in San Francisco so you can plan around them. The bad news is that you might not be able to completely avoid these congested times of the day.

Read on to help plan your San Francisco commutes, and to learn more about how Berg Injury Lawyers can help if you get in an accident caused by a negligent driver.

WHAT RESEARCH SAYS ABOUT THE WORST TRAFFIC TIMES IN SAN FRANCISCO

In general, traffic peaks in San Francisco on Monday through Friday from 7 a.m. to 9 a.m. and again from 4:30 p.m. to 6:30 p.m., according to the city’s own estimates. The Urban Mobility Report from the Texas A&M Transportation Institute agrees to some extent, finding that the period between 4 p.m. to 6 p.m. on Monday through Friday sees the most traffic congestion.

This makes sense, as these are common “rush hour” times. However, other studies have suggested that different times of the day also present heavy congestion on our roads. Zendrive found that 11 a.m. to 2 p.m. was the worst period of the day for traffic in San Francisco.

Where you’re located and where you’re headed can also impact your travel times in the Bay Area. For example, if you’re headed north on Interstate 680 over the Sunol Grade, rush hour can start as early as 2 p.m. and last until 8 p.m.

To some extent, the data tells us what we already know: traffic in San Francisco can be brutal. However, if you can avoid traveling during the afternoon rush hour and plan your route wisely, you might be able to shave off collective hours from the annual amount of time you spend behind the wheel.

Frustrated by traffic? Learn 6 simple tips for dealing with Bay Area traffic.

CHALLENGES POSED BY SAN FRANCISCO’S HEAVY TRAFFIC

Congested roads take a toll on the Bay Area in more ways than just frustration. First, there’s the potential “congestion pricing program” the city is considering. If implemented, drivers entering downtown and South of Market could be charged a fee in an effort to reduce the number of cars in these areas.

Second, those hours lost in traffic delays have an economic impact. INRIX estimates that the total annual economic cost of sitting in traffic is $1,348 per driver in the U.S. That’s because sitting in traffic jams digs into office hours, not to mention it subtracts from available recreational hours spent with loved ones or finding time to relax.

And, of course, heavy traffic and the frazzled nerves that come with it can put drivers at greater risks of being involved in certain types of crashes, including rear-end collisions and distracted driving accidents.

If you’re enjoying this article, you might also be interested in: What Are the Worst Traffic Times in Sacramento?

IF YOU NEED A CAR ACCIDENT ATTORNEY IN SAN FRANCISCO, GET BERG!

At Berg Injury Lawyers, our San Francisco car accident lawyers know how bad traffic can get. Not only do we also travel congested roads on the way into our many offices in Northern California, we represent clients who get severely injured in Bay Area car accidents.

We know the law, and we know what it takes to fight for the compensation our clients deserve. If you’d like to schedule a free consultation, contact our San Francisco personal injury lawyers anytime to get started.

To learn more about traffic in California, check out the following resources:

• The Surprising Ways COVID Made U.S. Drivers More Dangerous
• Intersection Crash Statistics EVERY California Driver Should Read
• How California Might Tackle the Dramatic Increase in Road Deaths

Can I Lose My House Due to an At-Fault Car Accident in California?

by Staff Blogger | October 31st, 2022

Your California auto insurance policy should cover injury claims filed by other drivers and passengers if you are at fault. However, your insurance may not fully cover injured victims’ medical and repair costs.

A judgment in a lawsuit could put your financial assets at risk, including your home, if an injured party sues you. Knowing your policy’s limits and protecting your economic well-being are essential to avoiding financial ruin from an auto accident lawsuit.

Speak with a car accident attorney from Berg Injury Lawyers when facing liability in an accident to help you protect your assets and minimize damages.

What Should You Do After a Car Accident?

After a car crash, the first thing to do is ensure that all drivers and passengers are safe. Once that’s done, the following steps are crucial to protecting you and your financial future in the immediate aftermath of the accident.

• Call the police and ask for emergency assistance to treat any injuries at the accident site.
• Stay calm and never admit fault to drivers, passengers, witnesses, or police.
• Answer any questions the police officer may have about the accident, so they can investigate the scene and determine who is at fault.
• Exchange contact information, insurance policy numbers, and license plate numbers with other involved parties.
• Report your accident to your auto insurance company.
• Reach out to an auto accident lawyer.

What Happens if I’m at Fault in a Car Accident in California?

In California, the at-fault driver is legally required to pay for the damages that they cause in a car accident. After an accident, an injured victim can file a claim against you, seeking compensation for medical bills, lost wages, property damage, and pain and suffering.

If your auto insurer determines you are at fault, it will pay a settlement to cover the victim’s injuries and property damage within your policy’s limits.

Does Insurance Cover Things That Are Your Fault?

California auto insurance policies require all drivers carry liability coverage for personal injuries and property damage. Your insurance company will pay the crash victim’s medical or vehicle repair expenses if the accident is your fault.

All auto insurance policies differ, but if you have the minimum amount required by state law, your insurance will pay the following amounts:

• Up to $15,000 for death or injury to one person
• Up to $30,000 for injury or death to more than one person
• Up to $5,000 in property damage

These amounts are the minimum allowed by California, so you may get insurance with higher limits for more protection. Alternatively, if you drive without insurance illegally, you put yourself at financial risk if you cause an accident.

What to Do if Someone Sues You for a Car Accident in California

You could face a lawsuit if the other driver or passenger’s damages exceed your insurance policy limits. A car accident lawyer can create a legal defense strategy to ensure your assets are protected.

You must also inform your insurance company about the lawsuit so they can reasonably defend you and settle the lawsuit. This protects you from further liability in case of a potential judgment.

How to Protect Assets After a Car Accident in California

Safeguarding your assets is essential following an accident to avoid having to pay personally. Additionally, it can improve your ability to negotiate a fair settlement with the other party.

• Identify any protected assets with a financial planner if the injured party wins a lawsuit. California’s homestead exemption can protect your home from collection up to a particular value. To qualify for this exemption, your home’s equity must be either $300,000 or equal to the countywide median sale price for a single home not exceeding $600,000.
• Consider buying an umbrella policy in addition to your auto insurance liability coverage. For instance, a judgment could be $45,000, but your liability coverages are only $15,000 for bodily injury and $5,000 for property damage under California insurance law. The umbrella policy can pay for the remaining difference of $25,000.
• Your insurance company may request a financial affidavit showing your assets, income, expenses, and debts. This process helps the injured party decide if they should negotiate a fair settlement or pursue a lawsuit in court for judgment.

What Happens if You Lose a Car Accident Lawsuit?

If you lose a car accident lawsuit, you may be forced to pay the injured victim’s settlements. The court may go after your personal assets, such as your savings accounts and personal property, if your liability coverage and financial resources are insufficient to satisfy the judgment.

Should I Get a Lawyer for a Car Accident That Was My Fault in California?

The car accident attorneys from Berg Injury Lawyers can protect your legal interests and financial assets if you are at fault for the accident. We can evaluate the facts of the accident to find out what happened in a free initial consultation. We can also advise you on dealing with your insurance company and any potential lawsuits from the accident.

Speak with one of our attorneys today to review your case and determine your options for protecting your assets. Schedule a consultation through our live chat app, by phone, or by online message.

What Happens if You Are At Fault in a Car Accident in California?

by Staff Blogger | October 17th, 2022

In a car accident, fault is applied to the person who caused the accident. They may have been driving recklessly, had a mechanical issue, or hydroplaned on a rainy day. Whatever caused the accident, the person at fault is responsible for reimbursing the other party’s expenses.

A car accident is a stressful and confusing event, even more so if you’re partially responsible. Discover what happens if you are at fault in a car accident in California and how the experienced team at Berg Injury Lawyers can help you reduce your liability.

How Does a No-Fault Accident Differ from an At-Fault Accident?

In a no-fault accident, neither party’s insurance is responsible for covering the costs of a car accident. Instead, both parties are reimbursed by their insurance companies, typically through Personal Injury Protection (PIP) insurance.

In an at-fault accident, the party deemed responsible for the collision is liable for covering the other party’s expenses, including medical bills and property damage. In an at-fault state, the negligent party’s insurance company agrees on a settlement with the injured party. Once paid, the claim is complete, and neither side can file another claim or lawsuit regarding the accident.

Who Pays for Car Damage in a No-Fault State?

Most PIP policies in no-fault states cover personal injury or liability costs, like medical bills, lost wages, or funeral expenses. However, PIP insurance does not pay for damage to property or vehicles. Instead, you must purchase separate car insurance, or uninsured or underinsured motorist insurance, to cover potential damages to your vehicle.

Is California an At-Fault State for Car Accidents?

California is an at-fault state, so the party responsible for the car accident is liable for the other driver’s damages. For instance, if you total someone’s car and are determined to be at fault, your insurance will reimburse that person for the cost of their car and any related bills they received.

California requires motorists to purchase minimum liability insurance to cover these costs. According to the CA DMV, you must carry a policy with the following coverages:

• $15,000 for injury or death to one person
• $30,000 for injury or death to more than one person
• $5,000 for damage to property

What Determines Fault in a Car Accident in California?

California determines fault according to the circumstances of the accident. Depending on your case, fault may be determined by the insurance company, a judge, or a jury. The state uses pure comparative negligence, a doctrine that allows one party to win damages even if they both bear liability for an accident and recover compensation.

For example, if the insurance company finds you 70% at fault for an accident, you can win damages, but they will be reduced by 70%. If the other party files a claim against you, your percentage of fault determines how much your insurance pays for the settlement.

Working with a skilled car accident attorney from Berg Injury Lawyers can help you prove the other party’s fault in the collision and minimize your liability.

Do Police Reports Determine Fault for a Car Accident?

Police reports alone do not determine fault for a car accident but can influence an insurance company or jury’s decision. Most insurers require them and use the information in the report to come to a settlement offer.

When determining fault, insurance companies evaluate multiple pieces of evidence, including the police report. The report is often the first official record of the accident, and the officer may include who they believe is at fault. However, police reports can be incorrect or incomplete, so insurance companies may not rely on them if other evidence doesn’t match the report.

How Does Insurance Decide Who Is At Fault in a Car Accident in California?

In California, car insurance companies review multiple pieces of evidence to determine who is at fault for a crash. This evidence can include:

• The police report
• Testimony from both parties and eyewitnesses
• Damage to the vehicles
• Relevant traffic tickets
• Photos of the crash scene
• Medical reports
• Other evidence of the scene, e.g. damage to nearby structures

The insurance companies then decide who is at fault based on their review of the evidence. For example, if you rear-ended someone and two bystanders reported that you were using your phone, the evidence would point to you being at fault.

How Does Car Insurance Work When You Are At Fault?

California law requires liability insurance for all drivers. If insurance determines you’re at fault for the accident, your insurance will pay the other driver’s damages. Liability insurance only covers the other party’s damages, so your insurance will only cover your car and injuries if you have a collision coverage policy or Medical Payments Insurance, sometimes called MedPay.

Can I Be Taken to Court for a Car Accident?

Someone who suffered a serious injury, lost a loved one, or was unable to work because of an accident you caused can take you to court for restitution.

If you receive a summons, you must inform your insurance and contact a car accident lawyer to represent you in court.

Speak with Berg Injury Lawyers Today

If you were in an auto accident where you are partially at fault, contact an experienced auto accident attorney from Berg Injury Lawyers. We can review your case to determine your level of responsibility and help you reduce liability.

If you’re being taken to court, an experienced attorney can provide you with a strong defense against the opposing party to mitigate your percentage of fault. Schedule a free initial consultation with Berg Injury Lawyers today to discuss your case and determine your legal options.

Can Over-the-Counter Meds Cause Impaired Driving?

by Staff Blogger | September 19th, 2022

Driving while using over-the-counter (OTC) medications is a common occurrence. The AAA Foundation for Traffic Safety recorded that 13% of daytime drivers tested positive for prescription or OTC medication in 2018. Drivers often mistakenly consider the effects of OTC medication harmless when it comes to driving ability. However, a 2020 study showed that those who used OTC sleep medications were 41.9% more likely to get into a car accident. 

If you or a loved one has been involved in a car accident that you suspect was caused by another driver’s OTC medication use, it is crucial to understand how OTC medication impairs driving and seek help from a qualified attorney at Berg Injury Lawyers today.

How Over-the-Counter Meds Can Impair Driving

After taking an OTC medication, some people experience side effects, which are mild to moderate adverse reactions caused by the medication. Some side effects are uncomfortable, but others are not always obvious.

According to the U.S. Food and Drug Administration, common medication side effects include:

• Drowsiness
• Dizziness
• Nausea
• Blurry vision
• Clumsiness, impaired coordination
• Slowed reaction times
• Trouble concentrating
• Restlessness

Even mild side effects of OTC medication use can have dangerous or devastating consequences when behind the wheel. In 2015, 90,000 of all reported car accidents in the U.S. involved a tired or drowsy driver. 33,000 of those crashes caused serious injuries.

What Over-the-Counter Meds Cause Impairment?

Many OTC medications can cause side effects that impair driving, posing a risk on the road. Common OTC medications that can cause difficulty driving include:

• Antihistamines (e.g., Benadryl, Allegra)
• Cold or cough medication
• Sleep aids (e.g., Melatonin, Valerian)
• Antidiarrheal medications
• Anti-nausea or motion sickness medications (e.g., Dramamine)
• Caffeine pills
• Diet pills
• CBD products

A medication’s most common side effects are typically listed on the packaging or a leaflet inside the box. Every medication has different side effects; some side effects last longer than others or become more severe if the drug is taken alongside other medications or alcohol.

If an OTC medication can have hazardous side effects, it will contain a warning on the label, leaflet, and packaging. The label may say to avoid operating heavy machinery, which includes driving a car: cars are considered a form of heavy machinery, and driving could put you and others at risk.

Can I Be Sued for Driving on Over-the-Counter Drugs?

You can be sued for driving while under the influence of OTC drugs. Every U.S. state, including California, includes OTC medication in their DUI laws. If you experience side effects from OTC medication and get into a collision. As a result, you are still considered at fault, and the injured party can file suit against you for injury or damages.

When to Avoid Driving After Taking Over-the-Counter Drugs

It isn’t always possible to judge your driving ability under the influence of OTC drugs. You may not recognize your level of impairment, putting you at greater risk of a car accident. Instead, watch for early signals that you or a loved one may not be in a position to drive.

Some signs that you shouldn’t drive include:

• Yawning excessively
• Trouble staying awake; “dozing off” periodically
• Reacting slowly
• Forgetting things easily
• Difficulty concentrating on things around you
• Losing focus or “zoning out” often
• Poor coordination

If you show these symptoms, finding an alternative to driving is the safest choice. Ask somebody else to drive you, rideshare with Uber or Lyft, order delivery instead of going out, or wait to drive until the medication has worn off. Driving under the influence of OTC drugs can lead to a car accident and a costly lawsuit.

Contact a Car Accident Attorney for a Free Consultation

If you’ve been in a car accident and aren’t sure what the next steps are, you’re not alone. When over-the-counter or prescription drugs may have been at fault, it’s important to seek help from a qualified legal defense team.

Our California car crash lawyers team can provide legal counsel, closely review your case and help you get the defense or payout you deserve. Contact us today to set up a private free consultation.

Who Is Considered Liable for an E-Scooter Accident?

by Staff | July 18th, 2022

Electric scooters or e-scooters offer an environmentally friendly option for traveling in congested urban areas. With a 48% increase in electric scooter traffic in one year in San Francisco, people should know what to expect if they get in an accident while on their electric scooter.

Determining liability in an e-scooter accident can be complicated because there may be several at-fault parties. If a scooter collision caused your injuries, having a knowledgeable personal injury lawyer on your side can improve the outcome of your case.

The car accident attorneys at Berg Injury Lawyers can evaluate your case during a free case review and advise you of your next steps.  

How Common Are E-Scooter Accident Injuries?

San Francisco saw a 58% increase in scooter collisions from 2020 to 2021. E-scooters represent 6% of crashes in the city. Most crashes occur when a vehicle hits the scooter broadside at an intersection. Doctors see most injuries to the head and face because most riders don’t use protective gear.

Crashes with motor vehicles can cause catastrophic injuries, including traumatic brain injury, spinal cord injury, damage to internal organs, and broken bones.

A University of California San Francisco study found a 365% increase in hospital admissions from scooter-related injuries between 2014 and 2018. Almost one-third of these patients experienced head trauma, more than double the rate for bicycle accidents, and researchers believe these figures under-report the true scope of the issue.

Determining Liability in an E-Scooter Accident

Several parties can potentially be liable for an e-scooter accident and the resulting injuries and damages. These include:

Motor vehicle drivers

Drivers can cause motor vehicle accidents by using smartphone devices, talking with passengers, or adjusting the radio or climate control. Fatigued drivers might struggle to stay awake, limiting their ability to concentrate on the road and decreasing their reaction times.

In traffic, aggressive drivers often overlook smaller vehicles like e-scooters. Drugs and alcohol impair a driver’s vision, decision-making skills, and reaction time, increasing the risk of a car accident.

E-scooter manufacturer or rental company

The scooter manufacturer might be held responsible for the accident if one of their scooter parts or software caused it.  If the rental company knew about these defects and failed to correct them, they can be held liable for injuries caused by the defects.

If injuries are caused by faulty equipment and loose handlebars, the e-scooter rental company can be held liable. If there was a mechanical failure with the scooter, the manufacturer may be liable in a product liability case due to defective equipment.

Commercial property owner

It is the responsibility of the commercial property owner to maintain their properties and keep them safe. If an accident occurs because of debris and hazards, the property owner may be held liable for the injuries.

What to Do if Injured in an E-Scooter Accident

If you have been injured while you were on your e-scooter, ‌follow these steps to protect your rights to compensation. 

1.     Get medical attention

If you and the other driver suffered injuries, call 911 to ask for emergency services. Immediate medical attention is not only for your well-being, but you will need your medical records to connect your injuries to the accident and the liable party.

2.     Report the accident to the police

Tell the responding police officer the details of the e-scooter accident, including how and when it started. Do not speculate about who is liable for the accident or give incriminating statements. The officer can write a police report for you to use as evidence for your insurance claim.

3.     Gather evidence

If possible, take photos and videos of any damage caused by the accident. Find out the other driver’s insurance information and their vehicle’s license plate number. Gather contact information from any witnesses who were present at the scene.

4.     Contact a personal injury lawyer

Getting the help of experienced California car accident lawyers from Berg Injury Lawyers will ensure you have the best chance of winning your case. Your lawyer can investigate the crash, review your medical records, and interview witnesses to determine liability. They can then calculate a fair settlement and negotiate with the insurance company.

Get Compensated for Your Injuries

If you suffer injuries in an accident while on your e-scooter, the car accident lawyers at Berg Injury Lawyers can help you get the financial compensation you deserve. Our legal team can work with you to achieve the best possible financial outcome with the insurance company. Contact us today to schedule your no-obligation, free case evaluation.