PRESS RELEASE: Berg Injury Lawyers Is Happy to Support Alameda Meals on Wheels With a $3,000 Donation

by cjadmin | October 24th, 2024

Berg Injury Lawyers is pleased to announce a $3,000 donation to Alameda Meals on Wheels (AMOW) in support of their upcoming Volunteer Appreciation Event on October 27th. This contribution underscores the firm’s ongoing commitment to community well-being and recognizes the vital role AMOW plays in combating hunger and isolation.

Since 1973, Alameda Meals on Wheels has been a lifeline for homebound residents, delivering nutritious meals and providing a critical social connection seven days a week, including holidays. With a dedicated team of volunteers, AMOW ensures that over 140 Alameda residents receive a hot, nourishing meal each day, regardless of their age or financial circumstances.

Berg Injury Lawyers is proud to support AMOW’S work. Their commitment to providing nutritious meals and companionship to those in need aligns perfectly with the firm’s values of compassion and service. This donation aims to help AMOW continue its essential services and show appreciation for the dedicated volunteers who make their mission possible.

Those interested in getting involved with Alameda Meals on Wheels can make a difference by joining the volunteer team. Visit their website to learn more about volunteer opportunities.

Discover how Berg Injury Lawyers is making a positive impact across Northern California through various community programs.

About Berg Injury Lawyers

Berg Injury Lawyers, a personal injury law firm serving Northern California since 1981, has a team of more than 90 legal professionals. The firm, with offices in Alameda, Sacramento, Fresno, and Modesto, focuses on representing plaintiffs in personal injury cases. Berg Injury Lawyers is committed to advocating for the rights of injured victims and has earned a reputation for aggressive litigation and persuasive negotiation.

Your Injury Claim and Preexisting Conditions: Navigating the Problem

by cjadmin | August 26th, 2024

If you’re hurt in a personal injury accident and already have health issues, they won’t reduce the compensation you can claim. A legal concept called the eggshell plaintiff doctrine says that the responsible party must cover all resulting damages if your health issues worsen because of the accident.

The law ensures you’re compensated fully, even if your prior health worsens the injuries. However, navigating injury claims with preexisting conditions can be complex and fraught with challenges.

Understanding the doctrine and how to document your injuries can impact the success of your claim.

Understanding the Eggshell Rule

The eggshell plaintiff doctrine, often called the eggshell rule, is based on the idea that some people might be more fragile due to preexisting conditions, much like an eggshell. If someone with this kind of vulnerability is involved in an accident, the responsible party must compensate for all injuries caused.

This applies even if the injuries are more severe than expected in someone without such conditions. For example, someone with a genetic bone weakness is in a minor car crash and ends up with a broken leg. The at-fault driver is responsible for the full treatment of the broken leg despite the victim’s preexisting condition.

The eggshell doctrine ensures that individuals are not unfairly denied compensation because they are already vulnerable.

Challenges Claimants Face

If you have preexisting conditions, proving that the accident, and not your existing health issues, caused your current suffering poses a major challenge. Insurers frequently focus on these conditions to reduce or deny claims, arguing that the injuries were preexisting rather than caused by the accident.

This strategy requires you to present clear, compelling evidence that separates the effects of the accident from your preexisting conditions. You may also face delays and need expert medical testimony, which adds complexity and increases the cost of your claim.

Documenting the Impact of the Accident

To strengthen your injury claim, you’ll need to document how the accident specifically worsened your preexisting condition. Our California personal injury lawyers at Berg Injury Lawyers can help you with the following:

• Gather Medical Records: Our lawyers will help you obtain detailed medical records that chronicle your health status before the accident, encompassing all diagnoses and treatments.

• Secure Expert Testimony: We can connect you with medical experts who will provide professional opinions on how the accident affected your existing conditions. Their testimony is vital for establishing a definitive link between the accident and your injuries.

• Maintain Treatment Records: We’ll guide you in keeping meticulous records of all treatments received after the accident. Consistent medical documentation helps demonstrate the severity of your injuries and their direct connection to the incident.

• Keep a Personal Journal: We advise you to maintain a journal detailing your daily symptoms, pain levels, and the overall impact on your life since the accident. This personal documentation can support your claim, offering a clear narrative of your experience.

Other Ways a Lawyer Can Assist With Your Claim

In addition to proving the accident worsened your preexisting condition, you may need to demonstrate liability and negotiate your settlement with the other party’s insurer. Our attorneys can help with your claim in the following ways:

• Prove Liability: We gather evidence to establish the other party’s fault in the accident. This includes collecting accident reports, surveillance footage, and statements from witnesses.

• Negotiate with Insurers: Our experienced lawyers handle all negotiations with the opposing party’s insurance company. We aim to ensure you receive fair compensation that fully covers your immediate and long-term medical needs.

• Legal Strategy: We develop a tailored legal strategy that considers the specifics of your case and your preexisting conditions, boosting your chances of a favorable outcome.

• Representation in Court: If negotiations do not result in a satisfactory settlement, our team is prepared to represent you in court.

• Coordinate Medical Assessments: We can help arrange for further medical evaluations if needed to strengthen your claim and ensure that the full extent of your injuries is documented and understood.

Why You Need Berg Injury Lawyers on Your Side

With decades of experience and a proven track record in personal injury law, Berg Injury Lawyers have the expertise to handle the most complex cases involving preexisting conditions. Our California personal injury attorneys are dedicated to fighting for your rights and helping you receive the compensation you deserve.

Contact us today for a free case review to understand your legal options and get the guidance you need to secure fair compensation for your injury claim.

E-Scooter Injury? Take These Steps to Protect Your Health and Rights

by cjadmin | July 1st, 2024

E-scooters have become increasingly popular in urban areas, with visitors and residents using them to sightsee, commute to work, and run errands efficiently. However, this rise in popularity has also led to an increase in injuries. In 2022, the U.S. Consumer Product Safety Commission reported a 22% rise in e-scooter-related injuries compared to the previous year.

If you’ve been hurt while riding an e-scooter in California, the actions you take immediately afterward can protect your health and legal rights. Our experienced California electric scooter accident lawyers can guide you through the process and help you win fair compensation.

Immediate Actions to Take After a Collision

Taking the proper steps after an e-scooter collision protects not only your well-being, but also your potential legal claims. Here’s what to do immediately after the collision:

• Seek Medical Attention: Get checked by a healthcare professional, even if your injuries seem minor. Head trauma or internal injuries may not be apparent but can have serious consequences if left untreated. Prompt medical evaluation gets you necessary treatment and documents your injuries for legal purposes.

• Document the Scene: Take detailed photos and notes about the accident scene. Capture the condition of the e-scooter, the surrounding area, road conditions, visible injuries, and other vehicles or obstacles involved. Detailed documentation helps your attorney reconstruct the accident and prove liability. Photos of skid marks, road signs, and weather conditions can also provide context that supports your claim.

• Collect Witness Information: If there are any witnesses to the accident, gather their contact information and ask them to explain what they saw. Witness statements can provide valuable third-party perspectives that support your version of events.

Reporting an E-Scooter Accident

After an e-scooter collision, report the incident to the police and the rental company as soon as possible. This creates an official record of the incident and protects your right to legal action. Failing to report an accident could undermine your ability to seek compensation for your injuries later.

• Notify the E-Scooter Rental Company: Follow the e-scooter company’s specific reporting procedures. Companies like Lime, Bird, and Spin typically have online forms or hotlines dedicated to this purpose. Provide all necessary details, such as the scooter’s identification number, the time and location of the incident, and a description of what occurred. Keep a copy of all communication with the rental company and get a copy of any reports or claims filed.

• Make a Police Report: If the accident resulted in injury, death, or property damage exceeding $1,000, contact police at the scene and file a report. Make sure to request a copy of the report for your records; this official documentation can be invaluable evidence in any legal proceedings. In addition, California requires you to notify the DMV of any collision resulting in injury or significant property damage using the SR-1 form within 10 days.
  

Medical Documentation for Your E-Scooter Case

If you’ve been injured in an e-scooter accident, comprehensive medical documentation is crucial to prove the extent of your injuries. Clear and thorough medical records can strengthen your case, supporting your claim for compensation for medical expenses, lost wages, and other damages.

Keep copies of all related records, including:

• Emergency room medical records, with details of the incident, your injuries, and any treatment administered

• Diagnostic test results, such as X-rays, MRIs, CT scans, or other imaging that helped identify your injuries

• Treatment plans outlining prescribed therapies, medications, and follow-up appointments with specialists

• Physical therapy evaluations and progress notes documenting your recovery process

• Receipts for all out-of-pocket medical expenses, such as co-pays, prescriptions, medical equipment rentals, and transportation costs for medical visits

Protect Your Rights

Dealing with injuries from an e-scooter accident can be overwhelming, with medical bills piling up and insurance companies potentially trying to minimize payouts. Having an experienced personal injury attorney from Berg Injury Lawyers in your corner can help you get fair compensation while minimizing stress.

Contact us today for a free, confidential consultation with our California e-scooter accident attorneys. We will review the details of your case and advise you on the best steps to protect your health and secure the compensation you deserve.

Are Semis Safer than Cars? What the Statistics Say

by cjadmin | June 17th, 2024

Driving on California’s highways and city streets means navigating the road with large semi-trucks. If you’ve ever paid attention to their size versus a passenger vehicle, you may wonder whether it’s safer to be in a semi or a car during an accident.

Today’s cars are equipped with cutting-edge safety technologies such as advanced airbags and automatic emergency braking (AEB), making them appear to be the safer choice.

Semi-trucks, which can weigh up to 80,000 pounds, are fortified with features like reinforced cabs and air brake systems that primarily protect their drivers in collisions. However, the sheer mass and build of these trucks can lead to more severe consequences for passenger cars in the event of an accident.

Learn which is safer, a semi-truck or car, and how a California truck accident lawyer can help if you’re hurt in a crash.

Accident and Fatality Stats

Analyzing traffic accident and road fatality statistics provides an objective perspective on the safety of different vehicle types, such as trucks and cars. Here are some national trends for passenger vehicles and large trucks that shed light on their safety:

So, what do these numbers show? At first glance, it may seem like large trucks are safer vehicles as they have fewer deaths, injuries, and crash involvement rates. However, large trucks are only 5% of all registered vehicles and 10% of total vehicle miles traveled (VMT). Passenger cars comprise 92% of registered vehicles and 88% of total VMT.

The statistics show a concerning disparity: large trucks have a fatal crash rate three times higher than passenger vehicles, at 41.13% versus 12.53%. Despite making up only 5% of registered vehicles, large trucks are associated with many road fatalities.

The fatality rate per registered vehicle percentage further highlights this risk—large trucks see approximately 1,158 fatalities per 1% of registered vehicles, compared to 286 for passenger vehicles. This shows that the fatality risk for large trucks is about four times higher than that for passenger vehicles, illustrating the increased danger associated with large trucks on the road.

Large truck statistics also show the following:

• 72% of fatalities in large-truck crashes in 2021 were occupants of other vehicles.
• 71% of injuries in large-truck crashes involved occupants of other vehicles.
• Large trucks had a 1.74% rate per 100 million large truck VMT for fatal crashes but a 36% rate for injury crashes per 100 million large truck VMT.
• 81% of large trucks in fatal crashes were in multivehicle incidents, compared to 63% for passenger vehicles.
• 26% of fatal truck crashes occurred on interstates and 55% in rural areas.
• California had the second-highest number of large-truck occupant fatalities at 48.

What Do We Mean By “Safer”?

When looking at the safety of passenger cars versus semi-trucks, semis may be the more dangerous vehicle on the road. However, California has various regulations for cars and big rigs to help keep everyone safe, including:

• Vehicle Weight and Size Regulations: California enforces strict limits on the weight and dimensions of semis to prevent overloading and reduce the risk of accidents due to vehicle instability. This includes a maximum height of 14 feet, up to 75 feet in length for semi-trucks, and a weight limit of 80,000 pounds. 

• Mandatory Safety Equipment: Commercial vehicles in California must have safety equipment like fire extinguishers, lights, and windshields.

• Hours of Service (HOS) Regulations: California state and federal driving hours-of-service requirements for truck drivers impose a maximum limit of 11 to 12 hours of consecutive driving to limit the number of fatigue-related accidents.

• Regular Vehicle Inspections: Both state and federal law require semi-trucks to undergo rigorous inspections to maintain the vehicle and protect road user safety. California also requires passenger cars to undergo regular inspections for preventative care for systems like brakes, steering, and tires for optimal protection.

• Speed Limits and Driving Rules: Different speed limits may apply to semis, especially in urban areas or on certain roads, to manage the risk posed by their size and weight. For instance, cars may travel up to the marked speed limit on highways, while semi-trucks are limited to 55 mph.

• Training and Licensing Requirements: Semi-truck drivers must obtain a commercial driver’s license (CDL) with specific endorsements based on the type of vehicle and cargo, ensuring they have the necessary skills and knowledge to operate a large truck safely.

• Alcohol regulations. Federal law (49 CFR 382.201) imposes a strict .04% Blood Alcohol Concentration (BAC) limit on commercial truck drivers to help reduce the risk of alcohol-related accidents. Passenger car drivers are held to a BAC of 0.08% or less to avoid legal repercussions.

Get Legal Assistance After a Traffic Accident

If you’ve been in an accident with a semi-truck on California roads, you need skilled legal representation to protect your rights. Our California truck accident lawyers at Berg Injury Lawyers have helped accident victims receive the guidance and compensation they deserve for over 40 years.

We can help you understand your rights and discuss possible strategies for winning your claim. Contact us today for a free consultation.

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

by cjadmin | June 10th, 2024

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

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

What Causes Insurance Rate Increases?

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

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

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

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

Factors Influencing Rate Changes in California

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

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

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

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

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

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

Minimizing the Impact of a Crash on Your Insurance

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

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

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

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

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

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

Get Help for Your Auto Accident Case with Berg Injury Lawyers

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

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

Contact us today for a free consultation to learn how we can help you avoid a premium increase following a car accident.

The Legal Challenges to Wage and Compensation Claims in California

by Staff Blogger | May 6th, 2024

As part of California’s workforce, you are entitled to fair compensation for hours worked, including regular wages, overtime pay, and benefits. The state has established wage laws to protect worker rights, including minimum wage standards and overtime pay.

However, some employers try to get around these rules by underreporting hours and denying overtime pay. A recent report found that workers filed nearly 30,000 wage violation claims annually with the state, totaling more than $320 million in 2017.

Understanding your rights and the wage claims process can help you receive fair compensation if your employer violates the law.

Intro to Wage and Compensation Claims

The state’s wage laws, found in the California Labor Code, Fair Labor Standards Act, and California Wage Theft Protection Act, help ensure employees receive fair pay for their work. The following are some standard regulations employers must follow:

• Minimum Wage Enforcement: Workers must be paid the minimum wage set by California law, which is higher than the federal minimum wage and adjusts annually based on inflation. On January 1, 2024, the state raised the minimum to $16 per hour.

• Overtime Compensation: Employees earn 1.5 times their regular pay rate for hours worked over eight per day or 40 per week and double pay for hours over 12 per day.

• Unpaid Wage Recovery: Workers can file claims for wages not paid within the required timeframe, including final paychecks due immediately upon termination or within 72 hours if an employee quits without notice.

• Meal and Rest Breaks: Workers have the right to a 30-minute meal break when their shift exceeds 5 hours and a 10-minute pause every 4 hours. This provision guarantees employees adequate downtime for meals and relaxation while at work.

If your employer violates these laws, you can file a claim with the Labor Commissioner’s Office seeking payment. This can include unpaid wages or overtime and waiting time penalties for late final paychecks. The waiting time penalty can amount to a full day’s wages for each day the final paycheck is delayed, up to a maximum of 30 days.

Common Legal Challenges

While filing your wage claim is a straightforward process that involves completing a claim form, submitting documentation of hours worked and wages owed, and attending a hearing (if necessary), some challenges can delay resolution and payment.

These include misclassifying your employee status, wage disputes, and employer retaliation. The following offers a closer look at the legal challenges you might face when filing your claim:

Government Agencies and Resources at Your Disposal

If you’re facing a wage violation, the California Labor Commissioner’s Office and the Division of Labor Standards Enforcement can offer guidance and resources on your rights and how to file a claim. They enforce wage laws in the Golden State, investigate workplace violations, and uphold fair labor practices.

When filing a claim, follow these steps:

• Gather Necessary Documentation: You’ll need detailed documentation for a successful wage claim. Keep accurate records of your work hours, covering when you start and end each day and any meal and rest breaks. Your pay stubs should list your wages, the pay period, employer contact information, and any deductions.

• Understand the Filing Time Frame: File within the correct period, depending on the violation type. This is within one year for bounced checks or payroll record issues, two years for oral wage promises, three years for minimum wage or overtime issues, and four years for written contract violations.

• File Your Wage Claim: You can submit your claim online, by email, mail, or in person. Download and fill out the claim form, attach any relevant documents, and choose your submission method.

• Attend Your Settlement Conference: A settlement conference might be arranged after filing, where you can try to resolve the dispute with your employer before it moves to a hearing.

• Prepare for the Wage Claim Hearing: A hearing will be scheduled if your claim remains unresolved after the conference. Be prepared to present all your evidence and clearly articulate your case to the hearing officer, who will decide your claim.

• Consult a Wage Law Attorney: For legal guidance, consult an attorney specializing in wage law. Our team at Berg Injury Lawyers can offer advice and help you collect the necessary documentation for your claim. We can also represent you during settlement conferences or hearings, increasing the likelihood of a favorable outcome.

Work With Berg Injury Lawyers to Get What You Deserve

At Berg Injury Lawyers, we stand up for workers’ rights in California. If your employer has failed to pay you what you’re owed or retaliated against you for filing a claim, we can help protect your interests.

Contact us today for a free consultation and pursue the wages you’re owed under California law.

Rideshare Fraud: Tips to Avoid Fake Uber Drivers

by Staff Blogger | March 25th, 2024

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

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

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

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

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

Verify the Driver and Vehicle

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

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

Protect Yourself via Location and Pickup Timing

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

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

Stay Informed and Alert

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

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

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

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

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

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

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

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

A Closer Look at Punitive Damages in California: When Are They Awarded and Why?

by Staff Blogger | March 4th, 2024

Punitive damages are a powerful tool for achieving justice and accountability in a personal injury case. These damages offer additional compensation for victims who suffered harm due to a defendant’s malicious or wanton actions. They punish wrongdoers for their conduct and deter similar behavior in the future.

In California, awarding punitive damages is subject to strict criteria. If you have suffered severe losses due to another’s gross negligence, our California personal injury lawyers at Berg Injury Lawyers can determine if your case qualifies for punitive damages and help you get the maximum award possible.

Introduction to Punitive Damages

Punitive damages are a unique type of compensation awarded in civil lawsuits. Unlike compensatory damages, which cover specific losses like medical bills or lost income, punitive damages penalize the defendant.

Sometimes called exemplary damages, this compensation may be awarded when the at-fault party’s conduct is especially negligent, demonstrating a willful disregard for safety or rights. This can occur due to intentional harm or gross negligence, such as a company knowingly selling dangerous products or an individual causing harm with deliberate intent.

Punitive damages are designed to punish the offender and convey a message that both the public and legal system disapprove of the behavior. They serve as a deterrent, underlining the gravity of the misconduct and its impact on the victim.

Criteria for Awarding Punitive Damages

Under California Statute 3294, you must show the following to be eligible for a punitive settlement:

• Malice, Oppression, or Fraud: Demonstrate that the defendant acted with harmful intent (malice), unfairly targeted or burdened someone (oppression), or deceived intentionally (fraud).

• Intentional or Reckless Conduct: Provide evidence that the defendant acted with a clear intention to cause harm or showed a blatant disregard for safety, such as drunk driving resulting in an accident.

• Harm to the Plaintiff: Show that you suffered tangible or intangible harm, like physical injury or emotional distress, due to the defendant’s actions.

• Insufficiency of Compensatory Damages: Argue that typical damages, like medical costs or lost wages, are inadequate to address the extent of your suffering or loss.

• Need for Deterrence: Justify the punitive damages as necessary to prevent the defendant and others from engaging in similar behavior in the future, acting as a strong legal deterrent.

How Are Punitive Damage Awards Decided in Court?

After it’s decided that punitive damages are applicable, the court then determines the amount to be awarded, taking into account factors such as:

• Severity of Misconduct: The court evaluates the seriousness of the defendant’s actions, taking into account factors like the extent of harm to the plaintiff, the moral wrongdoing of the defendant’s behavior, and whether this was an isolated incident or part of ongoing misconduct.

• Defendant’s Financial Status: The court considers the defendant’s financial situation. The idea is to set the punitive damages high enough to discourage future misconduct yet not so high that they cause financial ruin. This can mean assessing their bank statements and assets to determine an appropriate amount.

• Damage Caps: Courts must also consider caps on punitive damages. While California does not place a limit on exemplary damages in personal injury cases, the Supreme Court has ruled they cannot be excessive. Typically, this means they are within four times the compensatory damage award.

Punitive Damage Case Studies

Punitive damage varies by case. The following case study illustrates how a court may award punitive damages based on evidence and how the ruling may be challenged and changed:

Diaz vs. Tesla, Inc.

The case of Owen Diaz vs. Tesla, Inc. was filed in 2017. It centers around allegations of racial discrimination and harassment experienced by Owen Diaz, a former employee at Tesla’s Fremont factory. The lawsuit details various incidents where Diaz encountered racially charged language and behavior during his employment.

The case addresses the emotional distress and impact on Diaz due to these experiences. In determining compensatory damages, the court compared this case to similar previous cases to evaluate the extent of emotional damages. The court found that the compensatory award initially given to Diaz was excessive compared to the evidence presented, leading to a reduction in the award amount.

Initially, the jury awarded $137 million, including $130 million in punitive damages. However, the judge reduced these amounts, lowering the compensatory damages from $6.9 million to $1.5 million and the punitive damages from $130 million to $13.5 million.

The judge’s decision acknowledged Tesla’s inadequate actions to combat racism but deemed the original damages as excessive.

Have One of Our Qualified Attorneys Assess Your Case

In California, punitive damages are used to ensure accountability and discourage serious misconduct. If you or a loved one have been a victim of wrongdoing, consult with an experienced attorney who can help you pursue punitive damages.

Berg Injury Lawyers can help you seek the highest damage award possible and hold wrongdoers accountable. Contact us today to discuss your case and learn more about your rights and options in pursuing a punitive award.

Safety Tips for Sharing the Road with Trucks on California’s I-5

by Staff Blogger | September 11th, 2023

California’s Interstate 5 (I-5) is a vital artery in the state’s transportation network, facilitating the movement of goods and people across vast distances. As one of the nation’s busiest and most crucial transportation routes, I-5 plays a key role in supporting economic growth and connecting communities.

However, the volume of commercial truck traffic on this major highway makes it one of the most dangerous roads in the country. Between 2015 and 2019, 584 people died in 544 fatal crashes on I-5.

If you are involved in an accident with a semi on I-5, contact a California truck accident attorney to help protect your rights and maximize your compensation.

Safety Tips for Navigating I-5

Navigating this busy highway confidently and safely fosters a safer coexistence with the large commercial trucks that are a common sight on this route. To help you avoid an accident, use these safety tips: 

• Maintaining a Safe Following Distance

Maintaining a safe following distance is key to safe driving, especially when sharing the road with large commercial vehicles. Due to their size and weight, these trucks require more distance to slow down or stop. During inclement weather or when visibility is compromised, such as during heavy rain or fog, increase your following distance even further to ensure a safe buffer zone.

• Being Mindful of Truck Blind Spots

Navigating the roads alongside large commercial vehicles requires an extra level of caution, particularly when it comes to understanding and respecting a truck’s blind spots. These are the areas around a truck where your vehicle is invisible to the truck driver due to the size and position of the truck’s mirrors.

Truck’s blind spots, often called “no-zones,” are typically located directly in front of the truck, behind it, and along both sides, especially on the right. The larger the truck, the larger these blind spots typically are. In some cases, the driver may be unable to see for 20 feet in front of the cab, 30 feet behind the trailer, and along one or two lanes to the sides.

Always make a conscious effort to stay visible to the truck driver and avoid lingering in these danger zones. If you cannot see the truck’s side mirrors, assume the driver cannot see you either.

When passing a truck, do so quickly and safely on the left side. Ensure you have the full front of the truck in your rearview mirror before you merge back into the lane.

• Safe Maneuvering during Truck Merges and Lane Changes

California can be challenging to drive in because of traffic, causing drivers to be more aggressive, especially in the morning or after work.

Merging onto a highway or changing lanes near large trucks can be particularly challenging due to these vehicles’ size and limited maneuverability. Trucks have reduced visibility and require more space and time to adjust their course. Being cautious and vigilant in these situations is key to ensuring safety on the road.

When a truck is merging or changing lanes, give it ample space. Don’t try to speed up and pass the truck during these maneuvers. Instead, slow down and let the truck complete its move.

This is especially important when you’re merging onto a highway and you see a truck in the lane you’re entering. Trucks cannot slow down or change lanes as quickly as smaller vehicles, so you should adjust your speed or stop if necessary to give the truck the space it needs.

Also, be mindful of the truck’s turning radius. Trucks often need to make wide turns, especially to the right. If you see a truck indicating a right turn, don’t try to squeeze by on the right side. You may end up in a blind spot and be at risk of a “squeeze play” collision as the truck moves right to complete its turn.

• Use Clear Communication and Turn Signals

Clear communication is essential to road safety, especially when sharing the road with large commercial trucks. The signals you send to other drivers, particularly those piloting larger vehicles, can mean the difference between a safe journey and a disastrous encounter.

One of the most effective ways to communicate your intentions on the road is by using your turn signals. Turn signals are a universal language of the road, informing other drivers about your intent to make a move.

When you plan to change lanes or turn, activating your turn signal well in advance allows other drivers, including truck drivers, enough time to anticipate your move and respond accordingly. Trucks require a longer distance to slow down or stop; a sudden, unexpected lane change can lead to dangerous situations.

• Practicing Patience and Giving Trucks Sufficient Space

Driving on highways often involves sharing the road with large commercial trucks, and successfully coexisting with these behemoths requires patience and an understanding of their unique operational demands. These are not ordinary vehicles; they have a larger footprint, slower acceleration, longer stopping distances, and expansive blind spots that affect their maneuverability.

Practicing patience when you’re driving near trucks is not only a courtesy but also a necessary safety measure. Due to their weight and size, trucks cannot maneuver or change speeds as quickly as smaller vehicles. When traffic conditions change suddenly, a truck’s reaction might seem delayed compared to a passenger vehicle.

Keeping this in mind, avoid quick lane changes or other sudden movements that could surprise a truck driver and not give them adequate time to respond.

Get the Help You Need

Navigating California’s busy I-5 alongside large commercial trucks demands a commitment to road safety. By following the essential safety tips, you can coexist safely with these formidable vehicles, reducing the risk of accidents and fostering a culture of responsibility on our highways.

Don’t let the aftermath of an accident overwhelm you. If you were injured in a truck crash on I-5 or another California roadway, Berg Injury Lawyers can help you understand your legal rights and file a compensation claim. Contact our team today for a free consultation, and let us put our experience to work for you.

What Kind of Accidents Can You Sue For?

by Staff Blogger | March 1st, 2023

Every year in the United States, more than 200,000 people die from unintentional injuries, and a countless number of others are injured but survive. According to the CDC, the most common types of unintentional injuries that result in deaths every year are falls, car accidents, and unintentional poisonings.

But among those who survive accidents, many are left with serious and debilitating injuries, as more than 24 million people visited emergency rooms last year because of unintentional injuries.

When these accidents are caused by another person’s negligence or wrongdoing, the law provides that injured people are legally entitled to recover compensation for their injuries. Our team of Sacramento accident attorneys at Berg Injury Law has been assisting injured Californians for more than 40 years in seeking justice.

Top 10 Most Common Types of Accidents Leading to Litigation

Legally speaking, an accident victim can generally file a lawsuit for any type of accident that is caused by another person’s negligence. At Berg Injury Law, we represent victims who have been injured in accidents of all kinds, and in this blog post, we’ll discuss some of the more common types of cases that we handle.

1.   Negligence

Negligence is when a person behaves in any manner that is not reasonable or is otherwise unsafe. When negligence causes an injury, the negligent person can be held legally liable for paying for the other party’s injuries. Negligence actions are by far the most common personal injury lawsuits, as car accidents, products liability cases, and many other accidents arise from negligent conduct. Our accident attorneys in Sacramento have filed a countless number of negligence lawsuits in the past 40 years.

2.   Intentional Behavior

In addition to negligence, intentional injuries can also give rise to litigation. These cases can arise from physical injuries and economic injuries. The most common intentional behavior cases include defamation, sexual assault, fraud, and battery.

3.   Medical Malpractice

Medical malpractice occurs when a patient is injured due to a healthcare provider’s negligence. These cases can arise from missed diagnoses, wrongfully performed procedures, improperly prescribed medications, and any other aspect of healthcare. Winning a malpractice case requires an accident attorney and plaintiff to show that a medical provider acted in a way out of accord with a recognized standard of care or practice. 

4.   Hazardous Drugs and Substances

Hazardous medications can cause serious and permanent injuries that can affect a person’s quality of life forever. Whether those injuries were caused by a doctor who improperly prescribed the medication, or a manufacturer who failed in creating the drug, these cases often give rise to lawsuits.

5.   Dog Bites

Dog owners have a duty to ensure that their dogs are secured in a manner which protects innocent passersby from attack. If a person is injured by a dog that they do not own, that injured person may be able to file a lawsuit against the owner of the dog.

6.   Car Accidents

Car accidents are some of the most common personal injury lawsuits. Even though they are routine, these cases should still be handled by an experienced attorney who is unafraid to take on insurance companies. In almost all car accident cases, the other driver’s insurance company pays damages, and they hire expensive lawyers to get off the hook for as little money as possible. When dealing with one of our accident attorneys, Sacramento car accident victims can rest assured that we won’t back down from insurance companies.

7.   Premises Liability

Premises liability cases are often referred to as slip and fall cases, as they usually arise from fall injuries on public property. But in addition to slips and falls, premises liability cases can arise from all kinds of injuries sustained on public property. Other examples include negligent security claims, hazardous conditions, and vicarious liability cases.

8.   Defective Products

Lawsuits involving defective products can be brought against either the seller of the product, the manufacturer of the product, or the distributor of the product, depending on the specific facts of a case. Either way, when an innocent victim is injured due to a defective product, they have the right to seek compensation for their injuries.

9.   Workplace Accidents

Jobsite injuries are usually preventable, as laws and safety regulations exist to protect workers from injuries. When these safety regulations are not followed, dangerous conditions exist that can cause injuries, and more importantly, give rise to a lawsuit.

10.  Wrongful Death

In the worst accident cases, the victim loses his or her life. As previously stated, more than 200,000 people die from accidental deaths every year in the United States, and many of those deaths are caused by another person’s negligence or wrongdoing. In those cases, a deceased victim’s surviving family members may be able to recover compensation for the loss of their loved one by filing a wrongful death lawsuit.

Let Berg Injury Lawyers Help You Get Justice and Peace of Mind

At Berg Injury Lawyers, we’ve been seeking justice for California families for more than 40 years. We’re proud to offer free, no-risk case consultations to any prospective client looking for more information about a personal injury lawsuit.

Get in touch with us today to make an appointment to speak with a member of our team.