Articles Posted in Car and Auto Accidents

Rideshare programs are becoming extremely popular today. Companies such as Uber and Lyft have provided a convenient way for people to get around. They have also been touted as a safer means of transportation, particularly for those who have been drinking alcohol. However, ridesharing drivers are just as likely to get into an accident as any other type of driver. When these crashes occur, it is important to determine which driver was negligent so that injured passengers can hold them liable. When filing a claim, taking the steps outlined below is important to increase your chances of success.

Call the Police

Whether you were the other driver involved in the crash, or the passenger inside the ridesharing vehicle, you should call the police after an accident. If the ridesharing driver was negligent, other motorists and passengers can file a claim against them or the company. If you were a passenger in the ridesharing vehicle and another driver was at fault, you will need to hold them liable. In any case, a police report will indicate the negligent behaviors that caused the accident, and the party that was at fault. All of these details will help bolster your claim.

Dashboard cameras, more commonly known as dash cams, are becoming increasingly popular in California. People sometimes use them to capture the actions of police officers while on duty, or to obtain footage of potentially dangerous drivers, such as individuals other motorists suspect are driving while impaired. Dash cams are also sometimes used to collect evidence during car accidents, as they can show what happened in the moments leading up to a crash and determine which driver was negligent. The question is, do dash cams help your case, or can they actually hurt it?

Are Dashboard Cameras Legal?

Dashboard cameras have been legal in California since 2011. However, there are restrictions placed on them. Dash cams cannot be any larger than five square inches when they are located in the upper center of the windshield. When they are placed in the lower right corner, dash cams can be no larger than seven square inches. Dashboard cameras can also not be placed anywhere an airbag would deploy.

To most people, the term ‘distracted driving’ usually refers to texting while driving. Although texting and driving is a form of distracted driving, and against the law, there are many other types of distractions drivers contend with when behind the wheel. Although these other forms of distractions may not be against the law, a driver may still be found negligent when engaging in these behaviors.  Accident victims can hold negligent drivers liable for providing compensation for any injuries or losses. For this reason, it is crucial that all drivers are aware of the different types of distractions, so they can avoid them.

Adjusting Controls in the Vehicle

Looking over to adjust the climate control in your vehicle, the radio, or any other type of control may seem like a fairly safe practice. When you do this though, you take your eyes off of the road, and you can cause an accident in that short moment. If possible, ask a passenger to make these adjustments, or use the controls on the steering wheel, if your vehicle is equipped with them.

jake-blucker-147540-copy-300x200Car accidents occur every day in California. Even when a crash is caused by another person’s negligence, though, it may not require the help of a car accident lawyer. Although most car accident claims can greatly benefit from the help of an attorney, seeking legal counsel is not always necessary. How do you know if you need the help of a lawyer? If your car accident involves any of the factors below, the chances are good that your claim can greatly benefit from the advice of a San Francisco car accident lawyer.

The Accident Involved Serious Injuries or Death

If you only sustained minor bruises and scrapes in the accident, there is a good chance that you do not need a lawyer. When the injuries are more serious, however, or worse, result in wrongful death, you must seek the help of an attorney who knows the law and can advise on your claim.

daniel-monteiro-413416-copy-199x300California may not get the harsh winters that are seen throughout much of the country. However, even in the Golden State the weather changes during the winter. Temperatures drop and the days are shorter, and this causes car accidents that may not have occurred during the hot summer months. Below are the three most common types of accident claims filed in California during winter, and what you should do if you are involved in any of them. If you have been injured in any type of accident, reach out to a California personal injury lawyer today.  

Slip and Fall Accidents

Only certain parts of California see any snow during the winter, but the entire state gets some rainfall, and icy patches are sometimes found in some areas. In slippery conditions like these, it is easy for a person to slip and fall and become seriously injured. Slip and fall accidents and claims increase during the winter. 

kyle-jewell-623849-unsplash-copy-300x200California follows tort law in car accident claims, meaning that accident victims must prove another driver was at fault for a crash when they are trying to claim compensation. Evidence is crucial to prove this fault, but many accident victims do not know what type of evidence they need. If you have been in a car accident that was the fault of someone else, below are a few types of evidence that will greatly help with your claim. An experienced San Francisco car accident lawyer can help you pursue the compensation you deserve. 

Photographs and Video of the Scene

Everyone has a smartphone on them these days, making this type of evidence fairly easy to obtain. Take videos and pictures of the scene right after the accident happened. If you are too injured to take pictures or video, ask someone nearby to take them for you. 

ferdinand-stohr-652260-unsplash-copy-300x200When it comes to evidence of a car accident, photos taken at the scene are some of the most important. Eyewitnesses are not always present at the accident scene. Without photographs, there is sometimes little reliable evidence to be collected from the scene aside from the police report. Photos of the scene are so important that this step is listed on every single list of what to do after an accident. However, what should you take pictures of after a crash, exactly? Below you will find, according to San Francisco car accident lawyers, the most important items to document, and tips for taking pictures after a car accident. 

Take a Picture of the Whole Scene

You will want pictures capturing the entire scene to depict exactly what happened. Take a few steps back and take several photos from different angles. Make sure all vehicles involved are in the picture, as well as objects such as guardrails or trees that might be relevant. You also want to show the positions of the vehicles, as this can help determine which driver was negligent

soren-astrup-jorgensen-206084-unsplash-copy-300x200In California, everyone must carry the minimum amount of insurance required by state law. When you get into an accident with a negligent driver, you will have two insurance companies to deal with — your own, and that of the other driver. While this may sound fairly straightforward, it is not.

The insurance company, particularly the one for the other driver, is not your friend. They will try anything they can to get you to admit fault, or take your words out of context so you look like the negligent party. Many drivers are not familiar with their tactics. As such, they get tricked into providing things not required of them by law, or signing away their rights. Below are a few of the strategies these companies use to ruin your claim.

They Show Up Immediately

abdiel-ibarra-249884-unsplash-copy-300x169If you are a driver in the San Francisco area, you likely have some stories about the distracted drivers you have seen around you. You can often see drivers eating, talking on the phone, texting, reading, and even putting on clothes or makeup. It is certainly scary to watch, especially knowing that they are behind the wheel of what is essentially a two-ton weapon moving at speed.  Many of us often say to ourselves, “That person is going to hurt or kill someone if they do not pay better attention to what they are doing!” The question then, is what happens when they actually do hurt or kill someone?

Motor Vehicle Accidents and Distracted Driving Statistics

In 2017 (the last year for which statistics are available), motor vehicle accidents were responsible for 37,133 fatalities in the US. According to The Office of Traffic Safety, California accounted for 3,602 of those. 858 pedestrians were killed by motor vehicles in California, as well.  Nationwide, 3,450 people were killed by distracted drivers as well as 562 pedestrians and bicyclists. This accounts for almost 10% of total fatalities. In California, which has some of the most strict distracted driver laws, there were more than 178,000 cell phone use convictions and more than 31,000 convictions for texting while driving (these numbers are for 2016, the most recent year for these numbers). Californians ranked texting while driving and talking on a phone (either with hands or hands-free) as the two largest dangers while driving and over 62% of those surveyed said they had either been hit or almost hit by someone using a cell phone.  Clearly, distracted driving is a serious issue and is causing a substantial number of injuries and deaths that are potentially avoidable.

daniel-monteiro-413416-copy-199x300Surprisingly to most drivers in California, the state does not require drivers to have liability insurance. What the law does require, however, is that a motorist be able to show financial responsibility. There are four ways by law that a motorist can do this. The motorist must either have a:

  • Motor vehicle liability insurance policy
  • Cash deposit of $35,000 on file with the DMV
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