Category Name

What To Do Once Involved In An Accident

No matter how safely you drive, getting into an auto accident is sometimes unavoidable. That being said, your knowledge of what to do following an accident and how you handle it plays a crucial role in your ability to recover and seek compensation for damages. Knowing what to do in the event that you do get into an accident will help ensure that you are ready to take the steps necessary to have the best chance at receiving the compensation you deserve. Our very own Beverly Hills personal injury attorney, Michael Saeedian explains everything you need to know. Proactive Tips While there is no guaranteed way to stop accidents from happening completely, practicing good driving habits may help prevent the accident from happening in the first place. Some of the best practices to help you avoid accidents include: Stay off your cell phone while driving Scan your mirrors frequently Never drive under the influence Follow the speed limit Stay away from drivers you believe are aggressive or not paying attention Keep your eyes on the road at all times While you can do things to help prevent accidents, the truth is they will happen no matter how many preventative measures you may take. Steps to Take at the Accident Scene Getting into a car accident can be a terrifying experience, thoughts and emotions are racing: “Whose fault is it? What do I do now? Who do I call? Who do I talk to?” The most important thing to remember is to stay calm. When you remain calm and level-headed you will be at your best which will ensure you take the proper steps. Remain at the accident scene, and remember to take a deep breath to calm your nerves. If you are in a dangerous location, move yourself to the closest available safe space. Check yourself, drivers involved, passengers, and anyone else involved in the accident for injuries. Notify medical professionals in the event that parties involved are injured as soon as possible. Call the local police, regardless of the situation. Calling local authorities to the accident is a crucial step for your personal injury claim. They will provide an incident report that will be very strong evidence to support your claim. Take photographs of: Both cars (be sure to include any damages) Driver’s license License plates Insurance Registration Gather personal information of all parties involved, this includes: Name Address Contact information Insurance information (including policy number) Speak with each witness and be sure to receive: Name Phone number Address Their story of what happened in the accident DO NOT sign anything from anyone other than the police. Remain at the accident scene until everything has been settled. Following the Accident Scene Not only are there steps to take immediately at the scene of the accident, but there are also steps which need to be taken once you leave. Taking these steps will help ensure that your rights are protected and you have the ability to recover any damages you’ve suffered in the accident. Speak with a qualified Los Angeles personal injury attorney to ensure deadlines are met and the proper information is gathered. Get in touch with your insurance company and inform them of the accident as soon as you can. Track your injuries in great detail, be sure to include: Mental health Physical health Get proper damage valuation. This is very important in making sure you receive the full compensation you deserve. Speak with your attorney before providing any information to the other party’s insurance company. How Saeedian Law Group Can Help Putting the pieces back together following an auto accident can be overwhelming, to say the least. Our team at Saeedian Law Group has worked around the clock for years helping clients receive the compensation they deserve. Our team of staunch personal injury attorneys will do everything they can to ensure the best possible outcome for your case. Don’t wait any longer to begin recovering, call (310) 288-3000 today to schedule your free case evaluation.

Continue Reading
Category Name

A Deeper Look at L.A.’s Most Dangerous Intersections

Los Angeles, the home of sunshine, stardom, beaches, and… Car accidents. While it isn’t possible to completely prevent car accidents, there are things that can be done to reduce the risk of getting into them. Learning which intersections are the most dangerous in Los Angeles will help you stay as safe as possible while driving through these “death traps.” Why are Intersections so Dangerous? Intersections are one of the most frequent places that car accidents happen. “Why?” you may ask. There are a number of reasons why, which include: Distractions – Intersections are one of the most common places where people get distracted on the road. When the light turns red, the phone typically comes out. This may lead to making bad decisions such as turning when it’s not your turn, going before the light turns green, or going when it is unsafe to do so. Misjudging another driver – For intersections to function properly, many different moving parts need to work together. In this case, the moving parts are the other drivers on the road. Many times accidents occur in the intersection when an individual misjudges the time they have to go before the other driver comes. A common example of this is if you were trying to turn left on a green light. You look and see only one car coming, but you believe you have enough time to make the turn before they arrive. However, as you’re turning—SMASH, you get t-boned. Now that we know intersections tend to be hotspots for auto accidents, we will cover some of the most dangerous intersections to look out for in L.A. It may come as no surprise that nearly half of the accidents on the list are located in Los Angeles, with over 90% of the accidents being in Southern California. There are 444 intersections included on the list, and 221 of them are located in Los Angeles. The next intersection is in Sacramento with 13. As you can see, this is a substantial gap. Reseda Street & Devonshire Boulevard At the top of the list of Los Angeles’ most dangerous intersections is Devonshire St. and Reseda Blvd. To those who travel through this intersection, it most likely comes as no surprise to see this make the list at the number one spot. It is one of the valley’s most traveled intersections and it shows. There is no explanation as to why this intersection is so dangerous, however, there are a number of different major retailers and shopping areas centrally located. The high accident numbers have been explained as the result of the overly high traffic volume this intersection sees annually. Imperial Highway & Vista Del Mar This intersection is right near Dockweiler Beach and has been among the top of many dangerous intersection lists for quite some time now. For those who have visited Dockweiler, this intersection may remind you of the beginning of a great weekend, which may be the reason why it is so dangerous. When people are in “vacation mode” they tend to not think as clearly due to their levels of excitement. It is important to keep your focus on the road until you arrive safely to your destination. How a Beverly Hills Attorney Can Help While it isn’t possible to completely prevent a car accident from taking place, the proper steps to prevent them will help increase your chances. That being said, intersections are not the only place that car accidents take place, and it is important to seek the advice of legal professionals if you’ve been injured in a car accident. Our team here at Saeedian Law Group consists of highly experienced Beverly Hills personal injury attorneys, who work around the clock to ensure our clients get the best possible outcome. For years our award-winning team of attorneys has been helping our clients take the proper steps to recover from injuries due to another individual’s negligence. Don’t let the negligence of another person change your future. We are available to speak 24/7, call (310) 288-3000 today to schedule your free case evaluation.

Continue Reading
Category Name

What to Expect From Your Personal Injury Settlement

Being involved in any type of accident can be a difficult experience. The injuries you sustain may have a lasting impact on your body, and your medical bills may quickly become overwhelming. Personal injury settlements may help you out of that tough spot, however. Learning more about personal injury settlements is crucial if you want fair compensation for any trouble another party causes you. By becoming aware of what you’re entitled to, you can figure out your best course of action moving forward. Without further ado, let’s find out more about personal injury cases and the matter of settlements. What Is a Personal Injury Case? Before we get into the matter of settlements, let’s first take a moment to discuss personal injury cases. These cases can be quite varied. Someone’s dog biting you when you’re not on their property can be a personal injury case. Getting injured on the job due to negligence on the part of your employer is another example. You may also sue doctors and/or hospitals that jeopardize your health while you’re receiving treatment. According to the American Bar Association though, the typical personal injury case involves automobile accidents. The law expects drivers to exercise a reasonable amount of care whenever they’re on the road. Individuals who fail to that may have a case filed against them. If you end up injured due to the negligence of a fellow driver, then you likely have a personal injury case on your hands. Here is when you may have different options related to how you may proceed. One option for you to consider is filing a case against the party who caused the accident. If you can win that case, you will receive compensation. The compensation may cover your medical expenses and lost wages. You may also receive compensation for the emotional distress and pain you experienced because of the accident. The people who often choose to go to trial do so because they believe they will receive more compensation that way. They also believe they have a strong chance of winning the case. You are certainly welcome to pursue a case against the person who caused the accident, but it can be a lengthy ordeal. Trials often don’t get underway until after a year after the accident occurred, and in some cases, it may take longer than that. Considering how much of your time and resources may get tied up into a pursuing trial, it’s no surprise to learn that a lot of people prefer settling out of court. What Is a Personal Injury Settlement? Going to trial is not an experience a lot of people are eager to have. Even those who believe they have a legitimate chance to win are not too fond of having their daily lives upended by an active case. That’s why aiming for a settlement in an injury case has emerged as a viable option. Instead of going through the trouble of preparing for and participating in a trial, you can handle matters faster by settling out of court. How the Process of Negotiating for a Settlement Works Settlement negotiations usually start after the plaintiff files a lawsuit; this serves the defendant notice that they cannot ignore the accident they caused. Once they file the lawsuit, the ball is now in the defendant’s court. Don’t expect the defendant to send a settlement offer to you right away. After they file the lawsuit, the defendant and their lawyer will research matters first. Expect them to take a long look at their current predicament to see what their chances of winning a case are. This is the point of the settlement process where things can hit a snag. The defendant and their counsel may have a different perspective on the case than your side does. Even if they acknowledge that you were not at fault for the accident, they may also disagree with how much compensation you’re seeking. A disagreement such as that can prolong the proceedings. The defendant’s side taking a long time to respond does not necessarily mean they are planning to go to trial. The defendant may be weighing their options and considering the pros and cons of taking the case to court. It’s also possible they are delaying matters because it’s one of their negotiating tactics. The defendant may try to draw things out to make you more amenable to receiving lower compensation. After not hearing anything from the defendant for a while, even a weak offer may start to look good. Do note that the defendant’s initial offer does not need to be the final one. If you’re unhappy with the initial offer and want to negotiate further with the defendant, you can push for a conference and settle matters there. Negotiations can also continue between your lawyer and the defendant’s counsel until such time that one side comes up with a settlement figure that both parties find fair. Settlement negotiations can continue even after a trial starts. You and the other party can keep going with the negotiations as long as you have not gotten a verdict. The point here is that opting for a settlement can be a lengthy undertaking as well. Still, it beats the year-long wait that you’ll endure if you decide to go to court. How Much Should You Expect to Receive as a Personal Injury Settlement? Let’s say that the facts in your case are clear. The other party is at fault for the accident, and they must compensate you. How much should you expect to receive? Unsurprisingly, there is no set amount that defendants must offer to plaintiffs. $3,000 to $75,000 seems to be the average range for settlement amounts in car accident cases, but that doesn’t mean that your compensation must fall within that range. To figure out how much compensation you should seek from the defendant, you must first consider certain factors. The Factors That Affect the Settlement Amount Medical Expenses Your medical bills should be the main consideration when calculating the settlement amount. […]

Continue Reading
Category Name

Can I Ignore A Subrogation Letter

Exhibiting negligent behavior has consequences. For instance, your negligent behavior could lead to an accident. After speaking with the other party and seeing that they’re fine, you may think you’re out of the woods, but that may change quickly because of a subrogation letter. A subrogation letter may inspire confusion and bewilderment the first time you see it. Know that you cannot afford to ignore it, however. This article will teach you more about the process of subrogation and why it’s something you need to know. You should also read on if you want to find out how to react after receiving a subrogation letter. What Is Subrogation? To better understand the significance of the letter you recently received, it helps to define what subrogation is. According to Investopedia, subrogation is a term that refers to one party essentially taking the place of another party. Think of someone who subrogates as a person who stands in for you. They are a substitute of sorts. So, why is another party deciding to take your place? That’s because they want to receive compensation. Subrogation is commonly carried out by insurance providers, and they do so because they want to recoup their money. Providing insurance is still a business at the end of the day. While insurance providers may prioritize giving you the funds you need, that doesn’t mean they will refrain from using all available means to regain the money they lost. Often, the method of recouping money made available to insurance carriers is the process known as subrogation. In the context of insurance, subrogation refers to an insurance carrier attempting to recover costs from a third party after they gave their insured party appropriate compensation. The money sought after by the insurance carrier from the third party is equivalent to the money, they provided to the person they insured. Subrogation can happen whenever you send in a claim to help pay for medical expenses and to pay for property damage. Under the law, your insurance carrier has the right to take your spot and go after the third party. Your insurance provider would have the same rights that you do if you were the one pursuing a claim against the offending party. The Benefits of Subrogation for the Insured It’s clear that the process of subrogation is to give insurance providers a way to recoup their losses, but what incentives do individuals have to assist with it? The first benefit for the insured is that cooperating with their carrier can help speed up the claims process. If your insurance carrier knows that you will help them regain their losses after you file your claim, then they may be more inclined to process it as soon as possible. Obviously, your carrier should compensate you if you have a valid claim but cooperating with them can help the process move faster. Another reason subrogation occurs frequently is there are financial benefits for the insured individual. Many insurance policies require insured parties to first pay for a deductible before they can receive their claims check. If your insurance provider already subtracted your deductible from the amount you received when you filed your claim, you may receive that money back if they successfully obtain money from the other party. Do note, though, that you may not receive the full amount of your deductible if an investigation into the accident reveals that you were at least partially at fault for what happened. Instead of receiving an amount equivalent to your deductible, you may only receive a percentage of it. percentage of it. The Subrogation Process Now that you have a better grasp of what subrogation is and how it benefits the insurance carrier and the insured party, you probably understand why it happens often. It’s now time to familiarize yourself with the subrogation process so that you know what to expect if they find you at fault for an accident. The process of subrogation will typically start with the insurance carrier attempting to contact someone on your side. Who they contact depends on whether you are insured? If you have insurance, they will reach out to your carrier first. If you’re uninsured, they will contact you directly. Once they’ve managed to get a hold of either you or your insurance provider, the other party’s carrier may discuss their plans. You can settle the matter right then and there if you find their terms agreeable, but that is up to you. Ducking the other party’s insurance carrier is not advisable in this scenario as they may assign someone to determine your whereabouts through the process of skip tracing, according to Zacks.com. The next step of the subrogation process will involve the other party’s insurance carrier sending you a letter. What’s inside a Subrogation Letter if You Are the Party Responsible for the Accident? The contents of the subrogation letter will contain the details pertinent to your case. The letter will list the amount the insurance carrier paid, when they paid off that claim, and a brief detailing of why they paid that claim. You will also probably see a line in that letter telling you to get in touch with the insurance carrier to hammer out an agreement. What’s inside a Subrogation Letter Your Insurance Provider Sent You? By the way, you may also receive a subrogation letter even as the person who filed an insurance claim. However, the letter sent to you is different in the sense that it’s more about requesting information as opposed to urging you to provide compensation. When insurance carriers send subrogation letters to their own clients, they do so to ask about what happened during the accident, injuries they might have, damage to their property, and they will also request information about the party responsible. They may specifically ask about the name of the other party and their insurance provider if they have any. What Happens if You Ignore a Subrogation Letter as the Responsible Party? It’s important to point out here that […]

Continue Reading
Category Name

What Is A Jackknife Accident?

Feeling uneasy whenever you’re sharing the same road with a big rig or a massive vehicle is understandable. The sheer size of the vehicle nearby may make you wary of a possible jackknife accident taking place. Truthfully, any accident involving a truck is a serious cause for concern. If a truck driver loses control or crashes for any reason, the consequences could be dire. It depends on everyone on the road to be more careful so you can prevent those types of accidents. For this article, we’ll focus more on jackknife accidents. We’ll discuss how they occur, the damage they cause, and how you can avoid them. What Is a Jackknife Accident? To get started, let’s first define what a jackknife accident is. Jackknife accidents describe those occurrences during which the front of the vehicle and the trailer suddenly stop moving in unison. Instead of the attached trailer continuously moving behind the vehicle, it may suddenly start going in different directions. There are different reasons why drivers may lose control of the trailer attached to their vehicle, and we’ll get to those a bit later in the article. With the attached trailer now out of control, it could end up sliding to the side of the vehicle. The trailer could form an “L” or “V” shape along with the front of the truck. The reason why this type of occurrence is referred to as a jackknife accident is due to the angles that the trailer forms with the vehicle. It closely resembles those folding blades that some hobbyists, hunters, or campers may use. Jackknife accidents aren’t limited to big trucks. They can also involve smaller vehicles that come with trailers attached. Jackknife accidents are more dangerous when larger vehicles are involved. What Causes Jackknife Accidents? Jackknife accidents are scary, and it would be in everyone’s best interests to understand them better. Finding out how they occur would be helpful in that regard. According to How Stuff Works, those types of accidents usually occur due to the vehicle and/or its connected trailer losing traction. To achieve adequate traction, you need plenty of static friction between the ground and the tires. That static friction emerges between the wheel’s point of contact that is technically static and the ground. More static friction means the tires have a better chance of staying where they should be, thus keeping the truck and the trailer in their right positions. So, what happens if the tires suddenly lose the right amount of static friction? Often, that means that they will start to slide. You’re not getting traction anymore. Instead, the force keeping the tires in place is sliding. That’s a problem because sliding friction doesn’t offer as much grip compared to static friction. The lack of adequate friction can lead to the trailer going out of place, moving to the side of the truck, and causing destruction in the process. What Leads to the Loss of Static Friction? Now that we know how important static friction is for the truck and trailer’s wheels, we’ll identify the reasons why it can happen while driving. Listed below are some of the most common explanations. The Brakes Were Not Properly Applied Big trucks don’t work the same way as the more ubiquitous passenger vehicles, especially when it comes to matters such as brakes. If you’re in a typical car and you suddenly slam on the brakes, you may skid forward a bit, but your vehicle will come to a halt. The same thing won’t necessarily happen if you’re driving a truck. After slamming on the brakes, they may lock up, but your vehicle may still be moving forward. What’s even more concerning is that only the front tires may have been the ones that locked up. The rear tires may still be moving after you applied the brakes, and the momentum could propel them forward when the rest of the vehicle stops. It’s a situation that could easily lead to a jackknife accident. The Roads Are Slippery There’s a reason why road advisories are usually issued whenever it rains or snows in an area. Roads that have layers of water or ice are more dangerous for driving. Most of us like driving over paved roads that look super smooth, but the reality is there are small openings along the surface of the road that creates friction. You won’t feel them while driving, so your ride will still feel smooth and comfortable. The problem is that when the roads have water, those small openings fill in, and the surface becomes smoother than intended. It becomes harder for your tires to maintain a solid grip with the road in that scenario because of the lack of static friction. As we’ve established already, less static friction is bad news for your vehicle. The Truck Is Going Too Fast Truck accidents can also be a byproduct of the vehicle going too fast. Think of the machine you’re operating here. It’s a mammoth vehicle that can plow through road barriers and property because of its sheer size. Now imagine trying to stop a vehicle of that size if it’s moving fast. It will require an enormous amount of force to stop. If you’re driving the truck at high speeds, you’re putting your brakes in a position to fail. They likely can’t stop a truck that is barreling down the road at alarmingly high speeds. When you try to stop, the trailer will likely fly out and jackknife. The Truck Turns Too Quickly Turning your truck too quickly is another potential cause of a jackknife accident. Vehicles will swing out if you are too quick to turn the wheel. This can happen in a normal passenger vehicle. If it happens with a truck, the whole thing could be more destructive. The trailer may act almost like a tail whipping around as the truck turns in one direction. This movement could damage smaller vehicles in the path of the trailer. The Trailer Is Empty An empty trailer is more […]

Continue Reading
Category Name

How to Write A Demand Letter

In an ideal world, someone whose negligence brought you injury or property damage will compensate you properly for what happened with no questions asked. That doesn’t always happen, though, which is why you may need to send a demand letter first if you want your due compensation. Of course, you cannot scribble anything out and expect it to work. A lot of thought and care must go into the process of crafting a demand letter if you want it to produce the intended result. In certain scenarios, even a demand letter that does not cause a defendant to act right away can prove useful. Feel free to use this article as a guide if the need ever arises for you to compose a demand letter. This article will also offer tips regarding how and when to send the letter. Find out more about this important document by reading on. What Is a Demand Letter? To start, let’s first discuss the proper definition of a demand letter. Demand letters are formal documents that are sent by one party to a separate party. Their purpose is to request some form of compensation from the recipient. The compensation sought could come in the form of money or perhaps something else that the sender has in mind. According to Investopedia, you don’t need a demand letter if you want to file a lawsuit against someone. Still, the letter may bolster your case if you craft it correctly. Calling a demand letter, a warning would be a bit strong. It would probably be more accurate to describe it as a reminder you send to another person that they still have not fulfilled their legal obligations to you. Why Do You Need to Write a Demand Letter? Given that they don’t require you to have demand letters in the process of filing a lawsuit against another party, one may think that it is not worth the time to write. In a sense, yes, the demand letter is not guaranteed to do anything for your case, but there are still genuine benefits you can glean from this document. A Demand Letter Can Open Up a Discussion In cases where you and the other party immediately had disagreements, discussions can break down rather quickly. The facts in the case and your recollection of what happened may be different from how they remember that incident. It’s only natural for the other party to be resistant to your demands if they believe their account is accurate. This is where the demand letter comes in. You can use the document to provide an accurate recounting of the events that took place. Upon seeing those facts, the recipient of the letter may become more amenable to talking again. A Demand Letter Can Lead to Acknowledgment of Facts The chances of the recipient accepting everything in the letter and complying with all of your demands are low. However, sending that demand letter could still prove beneficial. Upon restarting the conversation again, the recipient of the letter may send you a response. In that response letter, the other party may agree to certain things they did not acknowledge previously. That’s a huge win for you, and it could be important if the case makes it to trial. A Demand Letter Can Speed Up the Negotiation Process Waiting for the other party to respond so that you can pay your hospital bills is frustrating. On top of their negligence harming you, their stubbornness is also an inconvenience. If the other party knows that they are responsible, they may try to stall things as long as they can, hoping that you will grow tired of trying to draw a response out of them. By sending a demand letter, you can emphatically show the other party that you have no intention of dropping this matter without compensation first. If they were dragging their feet before, the demand letter should serve as notice that they need to act. Plus, outlining your demands clearly may also make it easier for the party to decide what to do next. A resolution may come about sooner rather than later because of that. A Demand Letter Shows the Other Party That Settling Could Be Smarter There’s something about receiving a letter that makes a matter seem more official. You were happy upon learning that you made it into your dream college but seeing and holding that acceptance letter is different. For the other party in your case, receiving the demand letter may have a somewhat similar effect. They may have previously been downplaying your demands in their head. They may have assumed that you are only trying to squeeze them and that you’ll eventually quit if they ignore you long enough. Getting that letter in the mail lets them know that you are serious about your demands. It could also be the kick in the pants they need to start negotiating with you properly. Court cases are not something people volunteer for. There’s a good chance the other party in your case will become more open to settling once they read your demand letter. A Demand Letter Can Save Both Parties Time and Money Going to trial is often regarded by many as a last resort because it can be bothersome. You’ll likely need to go to the courtroom on more than one occasion, which means clearing out your schedule more often. Legal fees also must be considered. The accused may end up having to pay extra if they decide to go to trial. Negotiating using letters can save all the parties involved plenty of time and money. That idea may come through to the recipient after reading your letter. When Should You Send a Demand Letter? The demand letter should not be your first attempt at negotiation. That would be an ultra-aggressive move, and it may not be needed. Start first by negotiating with the other party. After obtaining their contact information at the scene of the accident, give them a call […]

Continue Reading
Category Name

Understanding the California Tort Claims Act

When the negligence of another party causes you injury, you can take legal action to secure compensation and hold that person responsible. It’s not quite that simple if you’re dealing with a government entity, but the California Tort Claims Act (CTCA) allows you to receive fair compensation. For this article, we’re going to take a closer look at the California Tort Claims Act and see how it can prove helpful. We’ll also discuss the steps you need to take if you want to pursue a lawsuit against a government agency or employee. We all know how complex dealings with the government can become. Allow the information included in this article to shed more light on the matter so that you can take the right course of action in the future. Sovereign Immunity and How It Complicates the Process of Suing To better understand why creating the California Tort Claims Act was even necessary, we first need to talk about the concept of sovereign immunity. According to Cornell Law School, sovereign immunity is an aspect of British common law that was adopted and tweaked before being implemented here in the United States. Basically, the idea behind establishing sovereign immunity was to protect the monarchs. In the eyes of the old law, you cannot hold the monarchs in power at fault. Since that was the case, no citizen could put forth a lawsuit against them even if their actions brought about harm. Instead, what we have here is immunity that protects government agencies and their employees. Sovereign immunity is the doctrine from which governments have sought protection. That doctrine has shielded them from possible lawsuits on numerous occasions. However, government agencies and officials no longer enjoy blanket immunity from the negative effects caused by their actions. Numerous laws have passed since then that make it possible for private citizens to hold the government accountable for their negligent actions. The California Tort Claims Act is among those many laws. What Is the California Tort Claims Act? The California Tort Claims Act does a few things that all residents of the state need to know./p> First off, it does clarify that public entities are not liable for injury in many situations. That again is due to the concept of sovereign immunity we have adopted. Notably, though, what the CTCA also does is highlight specific situations where you can file claims against the government. Those include a variety of personal injury cases. The Cases Covered by the California Tort Claims Act Vehicular accidents are in the CTCA. If you were in an accident involving a car or bus being utilized by the government at the time, you can file a lawsuit to receive compensation for any injuries you sustain. In cases where the medical negligence of a government employee caused you injury, you can proceed with filing a lawsuit. Government employees who willfully harm you resulting in assault and battery can also be held liable. It doesn’t all need to be related to physical injuries. Private citizens can also file lawsuits against the government if the entity in question committed a breach of contract or became a nuisance to the plaintiff. Sorting Through Premises Liability When Government Entities Are Involved Picture this scenario for a moment. Let’s say that you were on government property when you slipped, fell, and sustained an injury. Is it possible for you to receive compensation from the government in that scenario? The answer is yes, but there are some major caveats to consider. If you want any chance of receiving compensation for injuries you believe were caused by negligence on the part of the government, you must prove a few things. Prove That the Place Where You Got Injured Was Dangerous The first thing you must do is prove to the court that the place where you were hurt was hazardous when you were there. You must prove that the poor maintenance or a lack of diligence on the part of the government led to that place becoming dangerous. Prove That the Accident Caused Your Injuries Next, you must prove that the accident caused your injuries. You’ll need to prove that the fall is the reason why you injured your back or something like that. Prove the Condition of the Building Could Have Caused Your Injury and That it Involved Negligence One more thing you need to prove is that it was reasonable to think that the condition of the government building could have caused the injury you ultimately sustained. The roof may have been leaking in that government building, thus causing puddles of water to form. Given the presence of the leak and the puddles, it would be reasonable to believe that someone could be hurt while walking through that building. It’s not enough to show the condition of the government building; you also must demonstrate the fact that negligence on the part of a government entity is what led to that dangerous situation. What that means is showing that the government entity had more than enough time to remedy the danger but opted not to. You can also attempt to prove that a willful and negligent act on the part of a public employee is what led to the building becoming so hazardous. Who Should You File Claims Against? Filing a lawsuit under the California Tort Claims Act is different from how you would sue private individuals in several ways. Among the most significant dissimilarities is that you’re not suing the person directly responsible for what happened. The party you’re filing against if you want to receive compensation is the agency or entity responsible for that individual. What that means is that you’ll need to determine which specific government agency or entity employs the negligent individual in your case if you want to push forward with a lawsuit. Government employees are not the only parties that are in the CTCA. Independent contractors hired by the government can also be held accountable by suing the agency responsible for them. When Is […]

Continue Reading
Category Name

What You Should Do If You Have A Tire Blowout

Few things are as frightening as experiencing a tire blowout during your drive. All kinds of problems can occur in the aftermath of that blowout. It jeopardizes the safety of everyone in your vehicle, and it’s not that difficult to imagine how bad things can go in that situation. To keep yourself and everyone who rides in your car safe, you need to know more about tire blowouts. In this article, we’ll talk about the causes and the signs of a tire blowout. We’ll also discuss how you should react if you experience this issue and how you can avoid it moving forward. Without further ado, let’s start learning more about tire blowouts. What Causes Tire Blowouts? Your tire blowing is not a random occurrence. It can happen for a variety of reasons, including ones you cannot control and those that you can avoid with due diligence. Being mindful of the potential causes of a tire blowout is crucial if you want to avoid being in a car accident or any other unfortunate incidents. Detailed below are those potential causes. Your Tires Are Underinflated Tires losing air is natural. Constantly using your car will lead to your tires losing air gradually. If you live in an area with a colder climate, your tires are more likely to lose air pressure at a faster rate. Damaged tires are also more susceptible to losing air and becoming underinflated. The main issue here is that the lack of air pressure can cause the internal components of the tire to become warped. Once this happens, it will only be a matter of time before it compromises the strength and durability. Not long after that, you will have a tire blowout on your hands. Underinflation can also happen because of how you maintain your tires. Out of caution, you may have been too light on the air when you were re-inflating your tires. That miscalculation can prove costly. Your Tires Are Taking a Beating from Road Hazards While we would all prefer to drive on smooth and flawless roads, the reality is that most of us don’t have that luxury since many across the country have formed potholes. It probably comes as no surprise that your tires snagging on a pothole is not a good thing. The impact of hitting the hole can damage the tire’s internal components and cause a full blowout on its own. Beyond potholes, you should also be mindful of other road hazards that can hit your tires hard. Anything solid that gets in the way of your tires while driving can be the possible cause of a blowout. Your Tires Support an Excessively Heavy Load Overloading is a mistake more than a few car owners make. If you’re going on vacation or moving, you may pack way too much in your vehicle, thinking that it can handle the burden with no problem. Of course, vehicles don’t work that way. The excessive amount of pressure caused by overloading will cause damage to the tires. The tires blowing out is a possibility at that point. Your Tires Are Worn Down Tire blowouts don’t always happen because of a sudden and unexpected event. They could also be the result of accumulated punishment that your tires have endured. Consistently underinflating your tires, overloading your vehicle, or running into road hazards can take a real toll. Sooner or later, those incidents will catch up to you unless you do something about your tires beforehand. What Are the Risk Factors for Tire Blowouts? After reading about the common causes of tire blowouts above, you’ve probably guessed that overall negligence on the part of the vehicle owner is one of the primary risk factors. If you do not pay close attention to car care, there’s a greater chance that you will suffer a blowout in the future. Apart from negligence, the weather outside can also be a contributing factor. As noted by Popular Mechanics, people are more likely to suffer tire blowouts from the middle of May up to early October because of the warmer weather. The issue is not with the weather itself. Instead, it’s the fact that more people are driving fully loaded vehicles greater distances during that time of the year for vacation purposes that causes the uptick in blowouts. Your tires are taking on even more punishment during that time, and they become more susceptible to blowouts as a result. What Are the Signs of a Tire Blowout? You should get a feel for a tire blowout as it occurs. The first thing you should notice is a disruption in the car’s normal movements. You expect the car to be moving along without issue over the road, but a blowout can change that. You may start to feel a thumping sensation emanating from one side of the vehicle. Suddenly, you may also feel the tire go flat. You’ve probably dealt with flat tires before, so you may be familiar with that sensation. The next sign of trouble is your car pulling in one specific direction. Most likely, that’s your car losing equilibrium as it leans towards the side of the blown-out tire. How to Handle a Tire Blowout The reason why tire blowouts lead to worse accidents is because drivers make some simple mistakes. They get caught up in the moment, panic, and do things that cause them to lose control of the vehicle even further. It’s important to remember that you can still maintain control over your vehicle even in the event of a tire blowout. Follow the steps detailed below so that you can manage that incident properly and get off the road safely. Step 1: Maintain Control One of the worst things you can do right after a tire blowout is to give up control of the vehicle. Doing so is probably going to lead to an accident. What you want to do instead is to keep your hands on the wheel and maintain control. That is an essential part of managing this […]

Continue Reading
Category Name

What Should I Do If Someone Hit My Parked Car?

Picture this scenario: You step out of your front door ready to embrace the grind for another day, but you’re greeted by an awful sight. Your parked car is damaged, and it looks like it’s in no condition to run. That realization could be enough to ruin your day, your week, and possibly even the next few months because getting around will be so much harder. What’s even worse is that you didn’t even see who hit your parked car, and that can complicate matters. Don’t lose hope yet, though. While the situation certainly looks bad, there are still things you can do to hopefully get your car fixed without costing yourself a fortune in the process. Check out the things you must do after discovering that your parked car has been damaged by continuing with this article. The Steps You Must Take after Finding Out Your Parked Car Was Hit The shock of seeing your car damaged can catch you off guard, but you cannot let it take over for too long. Taking immediate action is necessary if you want to save yourself from an even bigger headache. Let’s go over the steps you need to take. Contact the Police Contacting the police is a must after you notice that your car is damaged. Regardless of what actions the driver that hit your car took, you need to have the incident officially documented by the authorities. Call them right away and wait until they show up at the scene of the accident. Once they get there, they will likely talk to you about what happened. Make sure that you’re truthful with your statements. The police officers will also gather the evidence at the site of the accident. The evidence they collect will be useful once the time comes for them to compose an accident report. Once they finish collecting the evidence and making the report, ask for a copy. Don’t forget to list down the names and badge numbers of the responding officers because you’ll likely need the evidence they have later when you’re filing claims. Gather Evidence Yourself Although you’ve called the police, and they will be conducting their own investigation, that doesn’t mean you cannot collect evidence yourself. Be as thorough as you can be when gathering evidence. List down when and where the accident happened. Describe the damage done to your car too. If you have a smartphone, go ahead, and take pictures. Take pictures of your damaged vehicle, of the place where the incident occurred. There may be evidence on the road that you’re missing, so take a picture to be safe. There’s a chance that your neighbors witnessed what happened to your vehicle. Approach them and ask if they have any information to provide. You can also ask for their permission to have the conversation recorded so you can present it to the police later. Check if the Person Who Hit Your Car Left a Note While inspecting your car, you may notice a note left behind by the person who hit it. That’s good news because it will make the next steps considerably less complicated. Look at the note and check to see what details the other driver provided. The other driver may have listed their name, contact details, and insurance information. Things will get more complicated if the person who hit your car drove away without leaving any information behind. You may need to track them down to receive fair compensation for what happened. What You Could Do if the Other Driver Left a Note after Hitting Your Car Let’s assume that the driver of the vehicle left a note behind containing his/her contact information. What should you do in that scenario? Reach Out to the Other Driver You may want to contact the insurance provider listed in the note right away but hold off on doing that for a little bit. Instead, contact the other driver first. Talk to the driver and ask about what happened. You can also ask if they are willing to return to the scene of the accident so they can talk to the police. The hope is that the other driver will cooperate, and this matter can be resolved faster. With the police present, you and the other driver can discuss what to do about the incident. Have Your Car Checked Out by a Body Shop Call over a towing service and have your car taken to a body shop. Go to that body shop together with the other driver. Once there, the mechanics can inspect your car and see the damage. Get the Other Driver to Pay for Minor Car Repairs Out of Pocket If the mechanics say that the damage to your vehicle is relatively minor, you could have the matter handled right then and there. Ask if the other driver is willing to pay for the minor repairs out of pocket. This may seem like a longshot, but it’s worth asking. The other driver may have no interest in dealing with insurance agencies over minor repairs. They may prefer to have everything handled right away by paying for the repairs with their own money. Before you accept that payment, though, double-check with the mechanics to make sure that the damage to your vehicle is minor. If the mechanics say that it has significant damage, consider another option. File a Third Party Insurance Claim California is a fault state when it comes to insurance claims. What that means is that you can file a third party claim with the other driver’s insurance provider to cover the damages to your vehicle. So, how do you file a third party insurance claim? Start by contacting your insurance provider. Don’t worry because they won’t need to pay for anything, and you don’t need to worry about any deductibles. The reason why you’re calling your provider is that they can help you move forward with your third party insurance claim. After starting the process of filing a third party insurance claim, […]

Continue Reading
Category Name

What To Do After A Dog Bite

Dogs are probably the most popular pets to have around. People adore them because of how loyal, loving, and protective they are. That protective nature can be a double-edged sword because it can sometimes lead to a dog bite accident. Whether you’re the owner of the dog who bit someone or the person who was bitten, you need to know how to act after an incident. We’ll discuss these matters in this article. You can also learn more about the dog bite laws the state of California has in place by reading on. What Qualifies as a Dog Bite? California has a clear definition of what qualifies as an animal bite in the state. According to California law, a bite occurs when the skin is broken or punctured by the animal. Knowing what constitutes an actual dog bite is important because it can guide your decisions moving forward. Someone may press charges after claiming your dog bit them. Upon closer inspection, though, you may find that there’s no wound of any kind. That person may simply be trying to take advantage of you. On the flipside, if you subsequently suffered an injury, you now know what to do as well. You can protect yourself better by knowing about California’s dog bite laws, so try to commit them to memory. When Pet Owners Become Liable for the Actions of Their Dogs Are you automatically in trouble if your dog bites someone? No, your dog biting someone doesn’t immediately mean that you will be on the hook for some medical bills. Let’s talk more about when you become liable for your dog biting someone in this part of the article. Your Responsibility if Your Dog Bites Someone in a Public Place Many pet owners enjoy taking their dogs to public areas such as parks, and they sometimes even go to the mall with them. There’s nothing wrong with taking your dog to a public place as long as you abide by leash laws but know that you are taking on some level of risk. If your dog bites someone in a public place, you will be held responsible for what happened. Keep a close eye on your dog to prevent an unfortunate incident such as that. Your Responsibility if Your Dog Bites Someone on Your Property It’s easy to understand why you’re held accountable for your dog biting someone in a public place. But what if the incident takes place on your private property? Can you still be held liable in that scenario? Whether or not you can be held responsible for your dog biting someone on your property depends on why that person was there in the first place. If the person your dog bit was on your property lawfully, then you will be held responsible. According to the state of California, a person can lawfully be on your property if they were there because of their job. Perhaps they were delivering some mail, or you hired them to fix something inside your home. A person can lawfully be on your property if you invited them, such as a friend to hang out. Things are different if the person who your dog bit was a trespasser. In a scenario such as that, you may not be responsible for what happened because you didn’t authorize the person to be on your property. The Element of Provocation Another factor that will help determine if you can be held responsible for your dog biting someone is the element of provocation.Let’s say that the friend you invited over was provoking your dog. Your guest may have been antagonizing your dog, and in response, your pet bit them. What happens then? There’s a chance you may not be liable for what happened. If you can show that your guest was teasing or provoking your dog, you may avoid facing penalties. How Strict Liability Comes into Play The principle of strict liability applies in California dog bite cases. What that means is that you will be held responsible for your dog biting someone regardless of your pet’s history. The fact that your dog never bit anyone before will not absolve you of responsibility. It also doesn’t matter if you didn’t know that your dog had a prior case of biting someone. You will still be the one accountable for the incident that took place. What You Need to Do if Your Dog Bites Someone Pet dogs can be remarkably obedient and well-behaved, but they are not immune from following their animal instincts, especially if they feel threatened. They may also become more vicious if they think you’re in trouble. If your dog has already bitten someone, what should you do next? Let’s talk about some of the important steps you need to take. Move Your Dog to a Crate or A Different Room It’s hard to predict how your pet will behave after he/she bites someone. The most important thing for you to do at that point is to separate the victim and your pet. Don’t put the victim at risk again. Take your dog to another room or place him/her inside a crate if you have one. Keep your pet in there while you sort through what happened. Seek Medical Attention Get on your phone next and call for help. The bite may have caused a serious injury so getting medical attention for the victim right away is essential. Some bacteria may get into the victim’s body following the dog bite. They need to be seen by a doctor right away to prevent things from getting any worse. Exchange Contact Information with the Victim You and the victim will likely need to have further discussions following the incident. After things have calmed down a little, you can ask for the person’s contact information if you don’t have it yet. Do Not Take Responsibility for What Happened The importance of not admitting fault in this scenario cannot be stressed enough. Yes, your dog bit someone, but that doesn’t mean that […]

Continue Reading