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.

When Car Accidents Cause Miscarriages, What Legal Options Do Mothers Have?

by Staff | 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?

by Staff | 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

by Staff | 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?

by Staff | 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?

by Staff | 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?

by Staff | 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.