Auto Accident
When Car Accidents Cause Miscarriages, What Legal Options Do Mothers Have?
| July 4th, 2022
States don’t include pregnancy status in their accident report databases, but researchers estimate 92,500 car accident-related injuries to pregnant people every year in the U.S. These accidents cause more miscarriages than any other source of trauma.
Research indicates that 1,500 to 3,000 fetal losses occur each year due to trauma from auto accidents. These estimates may not reflect the full scope of the problem due to the absence of reporting requirements and injuries sustained early in pregnancy.
Nothing is more heartbreaking and emotionally devastating than a miscarriage due to a preventable car crash. The terrible loss can result in emotional distress and mental anguish for the mother, which is usually the basis for a claim against the negligent party. Berg Injury Lawyers can help you file a personal injury claim against the at-fault party to recover restitution for your tragic loss.
How Car Accidents Cause Miscarriage
Pregnant women injured in car accidents require hospitalization more often than any other cause. Accidents can cause several injuries that lead to miscarriage, even if the mother seems okay.
- Placental abruption occurs when the placenta detaches partially or entirely from the uterus, hindering or severing blood flow to the fetus. This injury accounts for 60-70% of all miscarriages.
- Premature rupture of the membranes happens when the water breaks before the baby’s due date. This injury dramatically increases the risk of infection and can lead to miscarriage.
- Uterine rupture can cause hemorrhaging in the mother and fetus. It can lead to fetal loss if it occurs before the fetus can survive outside the uterus or if surgery doesn’t happen quickly enough.
- Direct trauma to the fetus can cause fatal brain or internal organ injuries.
- Maternal trauma can damage the mother and fetus’ shared systems, leading to miscarriage.
Every pregnant person should seek medical attention immediately after a motor vehicle accident because injuries to the placenta may not present symptoms right away. Many cases of miscarriage after an accident involve no observable harm to the mother.
If you’ve suffered a miscarriage caused by a car accident, trust the personal injury attorneys at Berg Injury Lawyers to help you get compensated for your loss.
Your Legal Options
If a reckless driver causes your accident, your lawyer may file a personal injury claim. California allows you to pursue compensatory damages for your injuries. You can seek non-economic damages for factors such as emotional distress, pain and suffering, or loss of enjoyment of life. You can also seek economic damages for calculable expenses like medical bills and lost wages.
If the other car driver acted with malice, fraud, or oppression, for example, the driver was drunk; you may file for punitive damages. The state does not cap compensatory or punitive damages, except in medical malpractice cases.
Unfortunately, California does not allow you to file a wrongful death claim for the loss of your unborn child. The only exception may be if the accident induced labor and your child was born alive but subsequently died due to injuries received during the collision.
Why You Should Hire an Experienced Lawyer
An experienced car crash attorney can help you pursue maximum compensation for your car accident injuries. They can investigate your accident to determine the other driver’s percentage of fault and calculate a fair settlement for your injuries and the emotional fallout of the accident.
Investigate your accident
Your lawyer can investigate your accident to prove the other driver bears liability for your loss. This process includes reading accident reports, studying photographs of the scene, recreating the accident, interviewing witnesses, and looking at your medical records.
Calculate a fair settlement
Personal injury attorneys have extensive experience with attaching monetary figures to non-financial losses. They can use state guidelines to determine a fair amount and consider records of emotional distress, such as a journal where you discuss the emotional impact of the event or therapy receipts.
Negotiate your claim
Lawyers understand the tactics insurance companies use to deny claims. When you don’t have a lawyer, the insurance company may try to get you to make a statement, ask to see your medical records, or suggest you undergo an independent medical evaluation.
The company might also use a variety of excuses, such as requesting additional documents to delay a settlement with the hope you will give up or get you to settle for less than you deserve. Your lawyer can keep your case moving forward and negotiate for the best outcome on your behalf.
Try your case
If the insurance company refuses to offer fair compensation, your lawyer can take the claim to court. Your legal team will prepare you to testify, cross-examine defense witnesses, and provide expert witnesses to substantiate your arguments.
Challenges to Your Claim
Cases in which a car accident causes a miscarriage present unique challenges. You need a skilled and knowledgeable attorney to help you win your case and hold the negligent driver responsible for their actions.
The defense may argue aggressively that their client did not cause your loss or that your loss doesn’t merit the damages you request. Some arguments that insurance companies or defense lawyers use include:
- You have other children, so the loss doesn’t matter as much
- You have a history of abortion or miscarriage
- You didn’t know about the pregnancy until the accident
- You don’t have a partner
- You might have miscarried anyway
Your lawyer must prove that your accident caused your miscarriage to win a settlement. This typically requires a statement from your doctor and an expert medical witness asserting that your injuries accident-related caused the miscarriage. The statement must also agree that the miscarriage would not have happened if not for the accident.
Berg Injury Lawyers Can Help with Your Case
Car accidents cause more miscarriages than any other source of trauma in the U.S. The Oakland car accident lawyers with Berg Injury Lawyers understand the challenges these cases present and how to navigate them. If you lost a child or children due to a miscarriage after a car accident, our legal team will fight aggressively to protect your rights, even in the face of pushback from insurance companies, because you deserve justice and compensation. Contact us to schedule your free case review.
How Well Do You Know California’s Vehicle Mirror Laws?
| June 27th, 2022
Mirrors are a critical element in any motor vehicle. They allow the driver to see at multiple angles behind them without turning their head from the road. Mirrors also enable drivers to pay proper attention to the car’s surroundings.
Without functional mirrors, driving any type of vehicle is hazardous. For this reason, it is critical to keep your mirrors in good shape and compliant with all local laws. Learn about car mirror safety, California’s vehicle mirror laws, and how compliance helps keep you and others safe on the road.
California Legislation on Vehicle Mirrors
Division 12, Chapter 4 of the California Vehicle Code (CVC) contains all relevant laws and regulations regarding mirror usage on motor vehicles in the state.
According to CVC 26709, all motor vehicles must feature two or more rearview mirrors. One of the two mirrors must be on the driver’s side. The second mirror can be located anywhere else, but it must provide the driver with a clear view of the vehicle’s rear. Both mirrors must allow the driver to see clearly for at least 200 feet.
All motorcycles must feature at least one rearview mirror.
Vehicles with obstructed rear views
A few exceptions to these general guidelines exist, primarily for buses, trolley coaches, and vehicles towing other vehicles. Exceptions also pertain to automobiles with an obstructed rear view without passengers, such as vehicles with no rear windshield.
These vehicles are still legally required to have at least two mirrors. They must feature at least one side-mounted rearview mirror on each side of the vehicle per CVC 26709(b).
Autonomous vehicles
California vehicle mirror legislation does not apply to autonomous vehicles if the human driver inside cannot physically operate the vehicle. The CVC 38750 defines an autonomous vehicle as any vehicle “equipped with autonomous technology” meeting the SAE Driving Automation Level 3, 4, or 5 specifications.
For example, a remote-controlled construction vehicle with no cockpit for human operators would be exempt from the mirror laws. In contrast, a regular passenger car with self-driving modes would not.
Is it Legal to Hang Objects from the Rearview Mirror?
California does not legally allow you to hang decorative items, air fresheners, pendants, face masks, and other objects onto the interior rearview mirror. The experienced California car accident lawyers at Berg Injury Lawyers recommend playing it safe and removing these items when driving in the Golden State.
The CVC 26708 (2) explicitly forbids obstructing the driver’s view through the side window or windshield. Although hanging objects from your rearview mirror may not necessarily obstruct your view of the rear, a law enforcement officer may consider it an obstruction of your clear view through the windshield, potentially resulting in a ticket.
What Are the Consequences of Violating California Mirror Laws?
Breaking the California Vehicle Code’s rearview mirror provisions is a minor infraction. The typical punishment is a small fine; however, different jurisdictions can add additional fees and penalties.
A mirror law fine is referred to as a non-parking infraction, which stipulates that you have 20 days to pay the fine, starting from the date of issuance of your penalty assessment mail. Failure to pay on time results in late fees, including a 50% upcharge of your original penalty. For example, if you received a $185 fine, not paying within 20 days increases the amount owed to $277.50.
If you were injured in an accident involving a vehicle with improperly placed or missing mirrors, contact the attorneys at Berg Injury Lawyers to handle your case. We can examine the circumstances of your accident to determine if the mirror infraction caused the accident and help you seek compensation for any injuries or damages you suffered due to the driver’s negligence.
Get Legal Help for Your Car Accident Injuries
If you are injured in an auto accident, we will use our more than 40 years of legal experience to help you pursue maximum compensation for your injuries. Don’t take on the insurance company alone, contact Berg Injury Lawyers today for a free, confidential consultation.
A Survival Guide for Driving on the Freeway in California
| June 13th, 2022
California traffic can be crazy, and driving on the freeway may seem overwhelming if you’re a new driver or usually drive in another state. Traveling at high speeds or in congested traffic increases your risk of being involved in an accident.
You should follow all driving safety rules, like always wearing seat belts. Learn some other essential tips to make your drive on California’s freeways less intimidating.
Emergency Preparedness
Being prepared for emergencies decreases your anxiety if an emergency arises. Having a first aid kit, tools to fix a minor breakdown, and a way to contact your roadside assistance service takes care of many freeway problems.
First-aid kit
Your vehicle’s first-aid kit should contain items specific to you and your passengers, including pressure bandages and gauze to stop bleeding, pain reliever medications, antibiotic medication, and antihistamines.
Breakdown kit
Include tools to change a flat tire and make minor repairs like a jack and socket wrench and jumper cables in case your battery goes flat. You should also include flares or reflective markers and a Hi-Vis vest to increase other drivers’ ability to see you.
Roadside assistance phone number
If you have roadside assistance service through your insurance or a credit card, make sure you have the number programmed in your phone and that your phone is charged.
In the event of an emergency on the freeway, try to make it to an exit or rest area before exiting your vehicle. If this isn’t possible, pull off to the right side of the road, as far from lanes of traffic as you can, especially if you have a flat driver-side tire.
If you need help with a situation but don’t have roadside assistance, dial 511 and say “freeway assist” when prompted.
Rules of the Road
Responsible drivers know all the laws that apply to the roads that they drive on. These rules cover everything from speed to which lane you should use.
Keep right
The law requires slower vehicles to keep to the right-hand lanes. That means you should only change lanes to pass a slower vehicle in front of you. If you are in the left-hand lane and a car approaches you from behind, move to the right-hand lane to let them pass.
Make safe lane changes
When changing lanes, always use your turn signals so other drivers know what to expect from you. Only change to the lane next to you instead of switching multiple lanes. Never speed up to change lanes or cut anyone off. Never change lanes over a solid line. Always check each blind spot before changing lanes.
Follow the speed limit
The speed limit on most freeways in California is 65 mph, but it is 70 mph in some areas. Driver speeds are monitored from airplanes and helicopters that radio patrol cars and, in some regions, by cameras.
Driving faster than the speed limit or weather conditions allow increases your chances of causing an accident. Speeding also increases the time and distance it takes to stop your vehicle. If someone stops short in front of you, you are more likely to hit them while speeding.
Speeding increases your risk of losing control of your vehicle while swerving to avoid a road hazard, for example. Highway speeds make correcting mistakes more difficult and reduce your margin for error, and exceeding the speed limit magnifies the problem.
Avoid distractions
Distracted driving is a leading cause of car accidents in California, accounting for 8.7% of traffic deaths in 2019. California outlawed talking on a cell phone to combat the problem unless the driver uses a hands-free device. Texting while driving is strictly prohibited.
Other distractions that you should eliminate or minimize include eating, changing radio stations, and applying makeup. Distractions can impair your response time more than driving under the influence of alcohol.
A 2008 Research Transport Laboratory study found that drivers talking on a handsfree or handheld device had relative reaction times of 26.5% and 45.9% higher than non-distracted drivers, compared with just 12.4% of drivers at the legal alcohol limit.
Routes and Traffic
Planning your trip helps prevent anxiety about freeway driving. You should know the number and road name of the exit you need to take and pay attention to road signs on your route. Keep a road atlas in your car or use a good cell phone mapping app if you miss your exit or road construction causes a detour.
Planning your trip to avoid congested traffic reduces your risk of being in an accident. Avoid rush hour or times when sporting events or concerts are close to ending. If you can’t avoid times when you expect congested traffic, allow for extra time to get to your destination.
Even when you do everything right, accidents still happen. Hiring a personal injury attorney will protect your rights.
Get a Free Consultation if You’ve Been Involved in a Car Accident
If you’ve been injured in a freeway crash caused by another driver, contact the California car accident lawyers at Berg Injury Lawyers for a free case evaluation. We will fight for your right to be compensated for medical bills, pain and suffering, and lost wages.
What Are California’s Right-of-Way Laws?
| May 30th, 2022
Right-of-way laws keep drivers and pedestrians safe on the roads. These rules outline who has the right-of-way in various circumstances to prevent car accidents and ensure everyone understands their responsibility when driving or walking on the street.
Familiarizing yourself with California’s right-of-way laws can help you avoid accidents and identify when someone else isn’t following the rules. If you are injured in an accident caused by a right-of-way-violation, you may have the right to seek compensation for your injuries with the help of a car accident attorney from Berg Injury Lawyers.
Pedestrian Right-of-Way Laws
In California, pedestrians always have the right-of-way. This includes skaters, skateboarders, and people using wheelchairs. If you are injured as a pedestrian due to a right-of-way violation, you can work with a personal injury attorney from Berg Injury Lawyers to seek compensation.
Crosswalks
California law requires drivers to stop for pedestrians when they are in or entering a crosswalk. Drivers must keep the pedestrians’ path clear and allow five feet between their vehicle and the crosswalk.
Sidewalks
Drivers must also yield the right-of-way to pedestrians on sidewalks. When entering or exiting driveways or alleys, drivers must ensure the area is clear of pedestrians. They must look for people walking behind or in front of their vehicles before entering or exiting the area.
Driver Right-of-Way Laws
There are several right-of-way laws to help keep motorists safe on the road. These include rules about traffic signals, yellow and red lights, and traffic signs.
Traffic Signals
Functioning traffic signals and signs make the proper right-of-way clear to all drivers and pedestrians. Drivers must follow traffic signals and yield the right-of-way as dictated by the appropriate traffic signal color or direction, such as a turn arrow.
Flashing yellow light
A flashing yellow light calls on drivers to move with caution through the intersection. Drivers should slow down and observe cross streets when approaching a flashing yellow light.
Flashing red light
Flashing red lights are equivalent to a stop sign. Drivers need to stop at the intersection and yield to the traffic on the intersecting road.
Traffic signal is out of order
If the traffic signal isn’t working, you should treat the intersection as if each direction has stop signs. When multiple vehicles arrive at the intersection simultaneously, every driver yields the right-of-way to the vehicle to their right.
Traffic signs
Two signs determine which driver must yield the right-of-way to others. When approaching a yield sign, drivers must reduce their speed, use caution, and allow vehicles on the intersecting road the right-of-way.
A stop sign requires drivers to stop their vehicles completely and allow the cars on the intersecting road to pass. If multiple vehicles approach an intersection with a four-way stop simultaneously, the vehicle to the right maintains the right-of-way after coming to a complete stop.
Driving Maneuver Right-of-Way Laws
Right-of-way laws direct drivers on maneuvering when making left-hand turns or entering and exiting roundabouts. They also direct drivers’ actions in parking lots and yielding right-of-way on mountainous roads.
Making a left-hand turn
Drivers making a left-hand turn at an intersection with a traffic signal must wait for the light to turn green. The driver must yield the right-of-way to any oncoming traffic before making the turn if there is no left-turn arrow light.
However, they should wait for it to turn green if there is a left-turn light. If a driver intends to make a U-turn, they must yield the right-of-way to vehicles turning right in front of them.
Roundabouts
When approaching a roundabout and preparing to enter, drivers must yield the right-of-way to vehicles in the roundabout. Once in the roundabout, drivers do not need to allow other vehicles into the roundabout. Allowing vehicles to enter the circle while in a roundabout can confuse other drivers and increase the chance of an accident.
Parking lots
In California, the driver who is in the flow of traffic is the one with the right-of-way. You have the right-of-way over drivers pulling out of feeder lanes and parking spots if you are in the main lane. Feeder lanes have the right-of-way over cars pulling out of parking spaces.
Right-of-way laws on mountain roads
Mountain roads present different circumstances to be aware of when driving in California. If a driver meets an oncoming vehicle where neither car can pass on a steep roadway, the vehicle facing downhill must yield the right-of-way.
If the road is too narrow, the downward-facing car needs to reverse so that the other may pass.
Obtaining Compensation for a Right-of-Way Accident
When another driver fails to follow these right-of-way regulations, they can cause severe injuries to other drivers. If you’ve been injured in a right-of-way violation accident, contact Berg Injury Lawyers today to help you pursue a fair settlement for your injuries.
A skilled attorney can help you navigate California’s right-of-way laws and pure comparative fault doctrine. This doctrine awards damages based on the percentage of negligence, so having an experienced legal team can help you prove the other driver had a high percentage of fault to maximize your settlement.
Seek Legal Counsel with Berg Injury Lawyers
If you get into an accident where the other driver violated the right-of-way laws, you have the right to seek compensation for the damages you have suffered. Contact the experienced California car accident lawyers at Berg Injury Lawyers to boost your chances of receiving fair compensation for your injuries.
Contact our law firm for a free case evaluation today.
How Do California’s Traffic Safety Laws Compare to Other States?
| May 23rd, 2022
Safety on American roads is a critical issue in California and across the United States. Every state uses driving regulations to maintain traffic safety. A 2020 policy brief on state driving regulations reports an average of 135,000 of them per state. According to the brief, California has the most rules in the entire country, with 395,608 laws on the books.
Among these regulations are traffic safety laws that all drivers in California must follow. Residents of California should take comfort in knowing their state has been ranked one of the top five states in the nation for its road safety regulations. Let’s find out how California compares to the rest of the nation regarding traffic safety.
Alcohol and Drug-Impaired Driving Laws
There has been a gradual reduction in accident and fatality rates caused by drunk driving since the 1980s, but millions of people still drive intoxicated every year.
California’s driving under the influence (DUI) laws are among the toughest in the country, with penalties including probation, jail time, fines, and treatment. A first-time DUI conviction could result in a six-month jail term and fines of up to $1,000. You can also have your driving privileges suspended or revoked by the DMV.
The state of California also has an ignition interlock device (IID) pilot program for repeat DUI offenders, which may be required depending on how many prior DUI convictions they have.
Using a Cellphone While Driving Laws
Twenty-four states, including California, ban all drivers from using their hand-held smartphones while driving. Hands-free mode or voice commands are the only way to use the smartphone. Using a cell phone for any reason while driving is illegal for any driver under 18.
Almost all states have fines for first-time convictions of using a cell phone while driving. When caught by law enforcement and found guilty for the first time, a first-time offender can be fined up to $162. As of 2021, if a driver is convicted of a second offense within 36 months of the first offense, they receive a point on their driving record.
Seat Belt Laws
In California, seat belt laws apply to all drivers and passengers aged 16 and over in all seats. All children aged 7 and under must be in a car seat or booster seat. California’s seat belt laws are primary, meaning if the drivers or passengers are not wearing seat belts, law enforcement can pull them over and issue a ticket.
Studies have shown that laws significantly increase the use of seat belts, especially with primary enforcement laws being more effective in urban and rural settings than secondary enforcement laws. Under secondary belt laws, police can only issue a citation if the driver had a previous infraction.
In 2019, 92% of front-seat occupants buckled up in states with primary enforcement laws, compared to 86.2% in states with secondary enforcement. As a testament to the widespread use of seatbelts in motor vehicles, 93% of Californian adults wear seatbelts, compared to 87% of the rest of the country.
Motorcycle Safety Laws
California is one of 18 states with universal helmet usage for all drivers and passengers. Helmets must be tested and approved under U.S. Department of Transportation compliance regulations. Helmets are required for motorcyclists and their passengers and those who drive motor-driven cycles and motorized bicycles.
California is the only state to allow motorcycle riders to drive between moving and parked vehicles, called lane splitting. This law lets motorcyclists drive between rows of stopped or moving vehicles in the same lane, including streets, highways, and roads. However, California issued safety tips for all drivers for lane-splitting, including drivers of passenger vehicles, to avoid blind spots and watch out for others on the road.
Get Professional Help from an Attorney
If you suffered personal injuries in a car accident in California, you’ll need the help of skilled California car accident lawyers to seek compensation. The car accident attorneys at Berg Injury Lawyers understand the impact of California driving regulations on drivers and car accident victims.
We can help you pursue a fair settlement from a negligent driver to compensate you for your medical bills, lost wages, or emotional distress resulting from your accident. Contact our law firm today for a free consultation.
Who is Responsible for Crashes That Occur on Easements?
| March 21st, 2022
Accidents on easements, such as on public access roads, may be challenging to figure out since multiple parties could be liable for your injuries. When you are injured on an easement, you might not understand your rights or if you can hold them accountable for the losses you suffer. Our California car accident lawyers can help you through the legal process if your accident occurred on an easement.
What Is an Easement?
A property easement is when the title to a piece of land grants someone other than the owner the right to use it for a specific purpose. It can go to anyone, including a nearby landowner, a private company, a government agency, or a utility company.
If a property backs onto a major street, part of the land may have an easement for public access. Granting an easement to a utility company to oversee the location of a power line on a property is another common situation.
Who Is Liable for an Accident?
An easement agreement between the original property owner and the easement rights holder identifies the liable party. Any of the parties listed in the easement agreement may be held responsible for your damages.
If the negligent party has breached their duty of care, they may be held responsible for injuries you suffer as a result. Duty of care refers to keeping a property reasonably safe and free of risks or hazards. Negligence is the failure to fulfill this duty, regardless of whether it is careless or intentional.
You should always have an experienced lawyer obtain any documents related to the easement property. An attorney can review the agreement and analyze the wording regarding liability between the property owner and easement rights holder. Easements may be the responsibility of multiple parties or just one party.
Who is Responsible for the Safety and Maintenance of an Easement?
Depending on the liability in the easement agreement, the original property owner may not be liable for accidents and maintenance on the land containing the easement. If the easement agreement addresses safety conditions for the easement property, that will also affect who is responsible.
The party with the easement rights to use the land is responsible for safety and maintenance, including any accidents. For instance, the public utility company or local government must maintain the property if it uses the easement to access power lines and transformers on private property. It has a duty of care to trim trees, clean the areas around the power lines, and take steps to keep the land safe. If the public utility company creates dangerous conditions for anyone, they can be liable for damages.
Your lawyer may also find that in the easement agreement, the original property owner has the right to use the easement together with the easement rights holder. If the owner fails to correct safety hazards that led to your accident or doesn’t notify the easement rights holder about them, both the owner and easement rights holder may also be liable.
What Are Other Factors That Can Establish Liability for an Easement?
The details of the accident can also help determine liability for an easement. If you had an accident on a road owned by a private company due to hazardous road conditions, the evidence from the accident would determine the responsibility.
If the parties were negligent in creating the hazardous situation and neglected to correct any safety hazards, evidence aside from the easement agreement could hold them responsible. This evidence may include:
- Photos and videos of dangerous road conditions such as fallen debris and cracks, and the lack of warning signs
- Surveillance footage if there were any video cameras
- Medical records and bills showing the progression and severity of your injuries
- Any statements from nearby witnesses, if possible
- Property records and the easement agreement
Let a California Car Accident Attorney Help You
Berg Injury Lawyers can help if you have been injured while on an easement. Despite California’s complex easement laws, we can help you find the liable party from the easement agreement and file your claim.
Learn more about accident liability on easements by scheduling a free consultation today.
How a Proposed Law Could Make Intersections Safer for California Cyclists
| July 12th, 2021
The Safety Stop Bill (AB 122) aims to make intersections safer for California cyclists by letting them treat stop signs as yield signs. When a bicyclist gets to a stop sign, and there are other vehicles, they must yield and give the right of way to any vehicle in the intersection. If there aren’t other vehicles, they do not have to come to a complete stop.
Among bicyclists, this is already a common courtesy. Many of them support it, including police officers and bicycle-related associations. While not everyone is for it, this proposed law protects everyone on the streets, including drivers.
An Explanation of the Safety Stop
Safety stops are known as the “Idaho stop” because Idaho was the first state to have this bicycle law passed in 1982, which some other states have already assumed. Idaho’s law allows cyclists to treat stop signs as a yield sign and red lights as a stop sign. The broader adoption of this policy is a first step toward recognizing that cyclists use the roads differently from vehicle drivers and adjusting traffic laws accordingly.
Benefits of Implementing this Law in California
For cyclists, this proposed law can make sharing the road with other bicyclists and vehicles safer.
● Align Laws With Other States
Aside from Idaho, Delaware, Washington, Arkansas, Colorado, and Oregon also have similar traffic laws. Utah and North Dakota have recently passed similar safety stop laws as did Oklahoma.
Some of these states have already seen significant changes in bicycle safety as a result. For example, Delaware saw a 23% decrease in bicyclist injuries. California will join other states in policing bicycles on the streets and making the roads a safer place for cyclists.
● Boosts Safety for Bicyclists
According to a 2010 DePaul study, most bicyclists slow down and pass stop signs instead of stopping entirely, with only 1 out of 50 bicyclists coming to a complete stop. Safety laws like Idaho’s yield law led to a 14.5% decrease in bicycle injuries a year after introduction.
Rolling through a stop sign makes the journey easier for cyclists than completely stopping and regaining momentum. For the sake of safety, using stop signs as yield signs benefits cyclists.
● Protects Drivers
Many car accidents occur at intersections because of confusion among drivers and bicyclists. Drivers do not always come to a full stop, and bicyclists move at a momentum where they cannot always stop on time at an intersection. Sometimes, drivers do not see bicyclists before they make a turn at an intersection. As a result, drivers regard bicyclists as disrespectful of the law.
If the Safety Stop law passes, drivers can fully understand that bicyclists must yield to other vehicles and wait until their turn. The law gives bicyclists a head start, making themselves visible to other drivers, preventing crashes if a driver needs to turn in the same direction as the bicyclist.
The Safety Stop Law is Safer for Drivers and Bicyclists
Approximately 70% of bicyclists who rode through stop signs did so for safety reasons, as reported in a recent study. The study also found that drivers more often break the traffic safety law.
Drivers will have to learn to adapt to the new law and better recognize bicyclists on the streets. Transportation is changing as a society pivots more toward walking and bicycling rather than a heavy reliance on vehicles. Legalizing the Safety Stop law will make intersections safer for bicyclists and drivers in California.
A Local Car Accident Attorney Can Help
Until the law passes, California still requires bicyclists to come to a complete stop and follow the same rules of the road as drivers. If you are injured in a car or bicycle accident in California, you need an experienced attorney in your corner. A car accident can result in serious injuries, incurring medical expenses, and wages lost for time off work. The consequences may be especially severe for a cyclist involved in a collision with a motor vehicle. California car accident attorneys can help you understand your rights following a collision. With four decades of experience, Berg Injury Lawyers are skilled in many related practice areas, including car accidents, wrongful death, and personal injury cases. Contact us today to request a no-obligation, free consultation.
Does Filing an Uninsured Motorist Claim Affect Your Insurance Rates?
| June 7th, 2021
Although California law requires every driver to have insurance, many drivers fail to comply. Whether they cannot afford the monthly rates, forget to renew their policy, or drive without a license, the result is the same. Having an accident with an uninsured motorist means you must file a claim with your insurance policy rather than theirs.
Many drivers worry that filing an uninsured motorist claim can increase their insurance rates. In California, legally, it cannot.
Too Many Uninsured Drivers on the Road
In 2019, 16.6% of California drivers didn’t have insurance. While not a majority, this high percentage makes it likely you’ll encounter an uninsured driver while on the road. If they hit you, their lack of insurance makes it difficult to get compensation.
If you have uninsured motorist insurance, you can file a claim with your insurance company to pay for damages to your car and any injuries you sustain. Experienced California car accident lawyers can guide you through the process of filing a claim and can negotiate with your insurance company if you encounter problems.
Often, insurance companies take a long time processing claims or deny them for unjustifiable reasons. The team at Berg Injury Lawyers can ensure that you get the compensation you need from your insurance company as quickly as possible.
Prop 103
If you cause an accident and file a claim with your insurance company, that could cause your rates to go up. However, if someone else caused the accident, even if they are uninsured, Californians have protection against rising rates. Passed in 1988, Proposition 103 makes it illegal for insurance companies to raise your rates or drop you after filing an uninsured motorist claim.
However, many insurers have continued to do so illegally. Working with an experienced car accident attorney can help you avoid any illegal rate increases and expedite the claims process.
Filing a Lawsuit Against an Uninsured Driver
If your costs exceed the maximums of your policy, or you don’t hold uninsured motorist insurance, you may want to file a lawsuit to get the compensation you deserve. However, many uninsured drivers don’t have insurance because they can’t afford it. This means that although you may win your lawsuit, you won’t receive any money. Additionally, uninsured drivers face fines and possible jail time in California, so it could be challenging to receive your settlement from the driver.
Your lawyer may advise you to include third parties in your lawsuit as well, if possible. These parties may include people like other drivers involved in the crash or the car manufacturer if you believe a defect caused the accident.
The sooner you speak with a lawyer about your accident, the better. Personal injury lawsuits can also take months or years to go through court, so it’s best to get started as soon as possible. While your legal team will endeavor to reach a settlement outside of court, they may need to go to trial if the insurance company or driver refuses to cooperate.
Work With Berg Injury Lawyers
Even if you don’t need to file a lawsuit, having an experienced lawyer on your side when dealing with your insurance company can help streamline the process and ensure you get the total compensation you are entitled to.
It’s common for insurance companies to offer their customers low-ball settlements, hoping they will accept. Your lawyer can advise you on their offer and determine whether it’s enough to cover your costs. If your insurance company delays or reduces their offer, your lawyer can represent you in negotiations with them to maximize your compensation.
Call for a Free Consultation
With our No Fee Guarantee, you can trust the legal team at Berg Injury Lawyers. We won’t get paid unless you do, so you don’t need to worry about shelling out money when you’re already suffering after an accident.
Car accidents are stressful enough without the complication of an uninsured motorist. If you or a loved one is suffering after an accident with an uninsured driver, call Berg Injury Lawyers today to arrange a free consultation. We’ll review your case and determine what your next steps should be to get you the compensation you deserve.
What Are the Leading Causes of Traffic Deaths in California?
| May 31st, 2021
Traffic accidents often lead to fatalities and can devastate a family in seconds. According to the NHTSA (National Highway Traffic Safety Administration), during the first nine months of 2020, traffic deaths across the country increased almost 5% over 2019 statistics.
In California, over 3,000 deaths occur each year due to traffic accidents, often resulting from someone else’s negligence and reckless driving. When this happens to one of your loved ones, seeking legal advice is necessary to determine whether you can file a claim to get the compensation you need to move forward with your life and hold the negligent party responsible for their actions.
Berg Injury Lawyers has been assisting car accident victims and their families since 1981, and we understand the California laws surrounding them. We know how to thoroughly review and evaluate your case and advise you of your options, negotiate with the insurance companies, and, if necessary, file a wrongful death lawsuit on your behalf.
Negligent behaviors of others abound when sliding behind the steering wheel of a vehicle. As a result, too many fatalities occur. In California, these negligent behaviors range from excessive speeding to several forms of distracted driving.
Leading Causes of Traffic Deaths in California
While many causes can contribute to a traffic accident, there are several which stand out in California as the leading causes of traffic deaths.
Speeding
Driving too fast for the roadway conditions or excessive speeding are leading causes of traffic fatalities across the country and California. The IIHS (Insurance Institute of Highway Safety) reports that speeding results in more severe accidents, often leading to catastrophic occurrences.
At higher speeds, a driver’s reaction time reduces, as does their overall control of the vehicle. As speed increases, so does the force of impact, creating a hazardous situation for other drivers. Attempts to slow down or stop to avoid a crash are limited, which increases the risk of deadly injury to all involved.
Impairment
Driving while impaired is widespread and often leads to severe accidents. Impairment can be caused by alcohol, prescription drugs, or illegal drugs and can prevent the driver from acting responsibly, leading to thousands of crashes each year.
Alcohol impairment means that a driver has a blood alcohol concentration of 0.08% or higher. According to compiled statistics by the Centers for Disease Control, in 2020, 11,654 people were killed in vehicle crashes involving alcohol-impaired drivers.
Drug impairment, whether from legal or illegal drugs, also contributes to deadly accidents each year. Prescription medications often lead to drowsiness, affecting the driver’s ability to drive responsibly, while illegal drug impairment often reduces reaction time or causes loss of attention.
Driver Distraction
With the advancement of technology, people’s attention is pulled in all directions, and this often leads to drivers who attempt to multi-task behind the wheel.
Driver distraction encompasses various activities, and new technology is only one cause of distraction. Examples of activities leading to distraction include:
- Talking, texting, or internet browsing on a cell phone or other device
- Talking or arguing with other passengers in the vehicle
- Eating while driving
- Grooming while driving
- Distracted by other objects in the vehicle
While regulations exist to lower the number of distractions, it’s challenging to remove them entirely. For example, hands-free cell phones are helpful but don’t eliminate the overall distraction.
Careless Driving
Failing to adhere to common traffic laws often leads to accidents. Two that top the list of common causes of traffic deaths are failure to yield the right-of-way and the inability to keep to the proper lane. Failing to obey traffic signals and signs also contributes to deadly crashes daily.
While doing your part to follow traffic laws, others may not show you and your loved ones the same courtesy. Always be on the lookout for those careless drivers and give yourself plenty of time and space to react to their negligent actions. When you cannot do so, and injury or death occurs, you need to consider all your options.
Though filing a legal claim with experienced California car accident attorneys won’t bring your loved one back to you, it can provide peace of mind by bringing those responsible to justice and compensation for you and your family.
Contact Berg Injury Lawyers to Arrange Your Free Consultation
Thousands of traffic accidents occur in California every year, leading to fatalities. When this happens to your family or loved one, the California car accident attorneys at Berg Injury Lawyers are here to help you achieve the justice you deserve and get you the compensation you need. If you’d like to speak to an attorney, contact our law office for a complimentary, no-obligation case review.
How to Drive Safely in Work Zones
| April 19th, 2021
Thousands of work zone crashes occur each year in California, and more than 700 Americans are killed in these crashes annually. In most cases, those deaths are motorists. But approximately 15% of those deaths are work zone workers.
Work zones are a common fixture on California’s roads, so it’s important we take caution when driving through them, both for our safety and that of workers. Here are a few crucial safety tips for the next time you drive through a work zone.
Plan Your Route Wisely
If you know that your route includes a work zone, you can either leave earlier than usual or find an alternate route. Often, navigational apps or devices can show you whether there are significant delays on your route so you can plan accordingly.
Take Speed Limits Seriously
Speeding contributes to roughly 29% of work zone accidents. Speed limits are typically lower in work zones, and fines can be greater than in non-work zones. Whenever you see a speed limit posted in a work zone, do not exceed it, even if you don’t immediately see workers around your car.
Leave Adequate Space Between Yourself and Others
Drivers typically have less room in work zones than in normal traffic, so it’s important to leave adequate space between your vehicle and those in front of you. Approximately one-quarter of all fatal work zone crashes involve rear-end collisions, so be prepared for sudden stops.
If Possible, Change Lanes to Create Distance from Workers
If you notice workers near your lane, shift lanes whenever possible. If you’re on a single-lane road or you can’t shift lanes, slow down and keep as great a distance from workers as possible without veering outside your lane.
Be Especially Careful Around Buses and Large Trucks
Buses and large trucks are even more difficult to maneuver in work zones than passenger vehicles. Avoid making any sudden lane shifts in front of these large vehicles.
Follow Signs Posted by Road Crews
Most road crews post warning signs or place barrels and cones that tell drivers where they should drive. Obey these signs and make sure to drive only in designated areas.
Avoid Distraction at All Costs
Drivers should always strive to be alert and focused solely on the task of driving, but it’s doubly important when driving in work zones. Keep conversations with passengers or on hands-free devices to a minimum. Make sure you keep your hands on the wheel and your eyes on the road ahead throughout the entire time you’re driving through a work zone.
If You’re Injured by a Negligent Driver, You Have Options
Whether you’re working or driving in a work zone, you have legal rights to compensation when you’re injured by a negligent driver. At Berg Injury Lawyers, we have years of experience standing up for the rights of injured Californians.
If you’re considering your legal options, contact our California car accident lawyers to schedule a free consultation with our team. Tell us about the details of your case, and we can help you explore ways in which you can get the compensation you deserve for the costs of the injuries you’ve suffered.
