How Do California’s Helmet Laws Affect Motorcycle Accident Claims?

by Staff Blogger | September 25th, 2023

According to California Highway Patrol data, there were 596 motorcyclist fatalities in 2022, with 19 in Alameda County and 20 in Sacramento County. These staggering statistics make it critical for everyone on the road to ensure rider safety. As a rider, complying with California’s helmet laws is a big part of safeguarding your well-being when riding your motorcycle. 

But what happens if you were injured in a crash and weren’t wearing your helmet? Can non-compliance affect your motorcycle accident claim?

While not wearing a helmet does not prohibit you from seeking compensation, the insurance company may try to hold you partially responsible for your injuries. Our California motorcycle accident attorneys can help you understand your rights after a motorcycle crash and determine the impact of the state’s helmet laws on your settlement.

Overview of California’s Helmet Laws

Under California law (Statute 27803), all drivers and passengers must wear helmets when riding or operating a motorcycle. Head injuries are the leading cause of serious and fatal motorcyclist injuries, accounting for approximately 37% of the more than 4,500 motorcycle crash fatalities annually in the U.S.

Wearing a certified helmet can reduce the risk of these injuries. Under Statute 27802, helmets in California must meet the Federal Motor Vehicle Safety Standard 218, which typically means the helmet must be U.S. DOT certified and comply with Federal Motor Vehicle Safety Standard (FMVSS) 218.

Helmet Use and Comparative Negligence

California uses pure comparative negligence to determine settlement awards. This allows compensation to be adjusted based on the degree of fault of each party in an accident.

This means that even if you’re partly responsible for the crash, you can still seek compensation; however, the amount you receive is reduced according to your contribution to the accident.

Although they may be primarily at fault for the accident, the other party can submit evidence to prove you were partially responsible due to not wearing a helmet. If they can show your failure to wear a helmet exacerbated or directly caused your injuries, it can lower their liability percentage and affect your potential compensation.

Implications on Damages Awarded

Helmet usage can have major implications on your potential settlement or damage award. The other party’s insurer and your motorcycle accident attorney will consider several elements to determine the impact that not wearing a helmet may have on your settlement, such as:

• Duty to mitigate: All California drivers have a duty to mitigate or lower the risk of potential harm when on the road. Not wearing your helmet may indicate that you acted negligently in this duty, potentially reducing your damage award.

• Adherence to state law: Riders are expected to follow all traffic laws on the state’s roads and highways. If you ignore the law by not wearing a helmet, it can be used against you, lowering the compensation you receive from the at-fault party.

• Direct contribution to injuries: Your award may depend on how much of a direct impact not wearing your helmet had on your injuries. For example, if you suffered a Traumatic Brain Injury, the insurer may offer less money because your actions directly contributed to your damages.

Consulting with a Motorcycle Accident Attorney

If you ride a motorcycle in the Golden State, complying with applicable helmet laws for your personal safety is essential. It also protects your interests if you’re involved in a crash.

Consult a motorcycle crash attorney at our law firm for guidance on your claim. Our attorneys at Berg Injury Lawyers will fight for your rights and help you get the compensation you deserve by providing the following:

• Expert legal guidance: We help you understand your rights, potential liabilities, and the impact of not wearing a helmet on your claim.

• Skilled claims navigation: We manage paperwork, deadlines, and communications with insurance companies, ensuring you have a well-supported claim.

• Optimal outcome strategies: We create a strategic plan to secure the most favorable outcome for your motorcycle accident claim. This includes determining fault, evaluating your injuries, and fighting for fair compensation.

• Negotiate comparative negligence: Weskillfully negotiate the concept of comparative negligence while advocating for your interests.

Schedule Your Free Case Review Today

If you’ve been in a motorcycle accident, contact Berg Injury Lawyers. Our experienced team has over 40 years of experience serving motorcycle accident victims in California and will use our understanding of helmet and motorcycle insurance law to get you a fair settlement.

Contact our California motorcycle accident attorneys for a free consultation today. We can guide you through the legal process and fight for the restitution you deserve for your injuries.

Everything You Need to Know About Unmarked Crosswalks in California

by Staff | September 21st, 2023

Originally published March 1, 2021.

Unmarked crosswalks are very common throughout California. With the absence of pedestrian traffic signals, drivers and pedestrians both might be confused about who has the right of way. Fortunately the law is very clear on the matter: the pedestrian has right-of-way and cars must yield to them. But situations vary, and unmarked crosswalks can make things more complicated in the event of an injury or pedestrian accident involving a vehicle. Read on to learn more about the complexities of such cases, and how Berg Injury Lawyers can help you if you’re injured at a crosswalk.

WHAT IS AN UNMARKED CROSSWALK?

An unmarked crosswalk is the extension of a sidewalk, trail, or any other pedestrian pathway through a vehicular road. They’re located exclusively at intersections. In other words, an unmarked crosswalk is anywhere a marked crosswalk could be but does not feature painted lines or a “walk” signal.

If there are no sidewalks or pedestrian pathways near the intersection, then there is no unmarked crosswalk either, and those looking to cross should find another, more appropriate intersection to do so. However, the rules for pedestrians using an unmarked crosswalk and for crossing a street where there is no unmarked crosswalk are the same.

If you find yourself at an unmarked crosswalk as a pedestrian, you must check to make sure that stepping into the unmarked crosswalk won’t put you in the way of oncoming traffic , creating a safety risk for both you and any drivers. For example, if you walk up to a crosswalk and there are nearby vehicles rapidly approaching and not stopped at a traffic signal or far away, it’s best to wait or find a different route. However, once you start crossing the road, drivers should yield the right of way to you, the pedestrian.

UNMARKED CROSSWALKS AND PEDESTRIAN COLLISIONS

California law states that a pedestrian has a “duty of using due care for his or her safety.” That means they can’t walk into oncoming traffic.  By that same logic, if a pedestrian enters the unmarked crosswalk safely, giving approaching vehicles plenty of time and distance to stop, and they’re still hit, the pedestrian may be able to hold the offending driver responsible for any injuries suffered.

Of course, determining fault isn’t always simple in cases involving a pedestrian collision. Drivers often assert, rightly or wrongly, that they weren’t at fault for the crash. In such an instance, witnesses to the collision can be valuable resources for injured pedestrians who need to prove a driver’s fault when seeking compensation. Street cameras can also help establish liability in pedestrian collision cases.

WHAT TO DO IF YOU WERE INJURED AT AN UNMARKED CROSSWALK

If you’ve been injured at an unmarked crosswalk by a negligent driver, you have the right to file a personal injury claim against the at-fault driver for the costs of your injury. It’s essential you also seek medical treatment as soon as possible after the injury. At this stage, take care to collect as much information about the accident and injury as possible: medical records, witnesses’s contact information, security camera footage, police reports, etc.

In the hours, days, or weeks following your injury, you might be contacted by a representative of the driver’s insurance company. They’ll want you to give them a statement on the record. It’s important that you turn down the representative’s request for a statement.

Insurance companies often attempt to offer lowball settlements to injured people. It’s possible the offer an insurer makes you will be nowhere near enough to cover the many costs you face due to the actions of the at-fault driver.

Instead, consider contacting a personal injury attorney as soon as possible after your injury occurs. Your lawyer will be able to help you determine how much you’re owed and deal with the insurance company on your behalf to fight for the compensation you deserve.

BERG INJURY LAWYERS CAN  HELP YOU

At Berg Injury Lawyers, our California car accident attorneys have years of experience fighting for the maximum amount of compensation our clients deserve. We offer free consultations to help you explore your legal options. Contact our team today to get started on your case.

The Role of Insurance in California Slip-and-Fall Cases

by Staff Blogger | September 18th, 2023

A slip-and-fall accident can happen when you least expect it, leaving you with painful injuries and major medical expenses. Imagine you’re shopping at the supermarket, for example, when your foot suddenly slips on a wet floor. In seconds, you are lying on the ground, facing the aftermath of a slip-and-fall accident.

While these accidents may cause initial embarrassment for the victim, they can also have far-reaching consequences. In California, insurance is vital in addressing liability and compensating injured victims of slip-and-fall incidents.

Understanding the complexities of insurance coverage and how it impacts slip-and-fall cases can help you win the compensation you deserve after an accident. 

Understanding Insurance Coverage in Slip-and-Fall Cases

In California, when someone slips and falls on someone else’s premises, the property owner can be held responsible for the accident. This can include slip-and-fall accidents in properties like restaurants, retail stores, or private residences.

Owners have a duty to keep their property safe for visitors. This means they must routinely check the premises for hazards, address them, or post signage to warn visitors of the danger, like the signage used for a wet floor.

If an accident occurs due to the property owner’s negligence, the victim may be able to file a claim seeking compensation for their injuries. Insurance acts like a safety net, protecting the injured person and the property owner.

Insurance claims typically cover damages like medical bills, pain and suffering, and lost wages for those harmed in a slip-and-fall. Insurance also protects property owners from paying out-of-pocket, which could result in victims not getting a fair settlement.

Types of Insurance Policies Involved

In slip-and-fall cases, there are several types of insurance policies, depending on the location and circumstances of the accident. Understanding these policies can help victims and property owners navigate the claims process effectively.

• Homeowners’ or Renters’ Insurance

Homeowners’ or renters’ insurance typically covers around $100,000 in damages for accidents that occur on residential properties, depending on the policy. If you are involved in a slip-and-fall accident in someone’s home, whether they own or rent the property, their insurance should cover you for losses related to the bodily injury you suffered.

• Commercial General Liability Insurance

Most businesses and commercial properties are protected by commercial general liability insurance. This type of insurance covers bodily injury resulting from accidents on the business premises.

Whether it’s a retail store, restaurant, or office building, this insurance can help protect businesses from liability and pay for slip-and-fall victims’ injuries.

• Umbrella Insurance

Property owners may have umbrella insurance, which provides additional coverage beyond their primary liability policies. Umbrella insurance is beneficial in severe slip-and-fall cases where the damages exceed the standard policies’ limits.

For victims, this means you can receive full compensation for your injuries, even if they exceed the property owner’s primary liability coverage.

How a Lawyer Can Help?

After a slip-and-fall accident, you can protect your rights by seeking legal assistance from a California personal injury lawyer at Berg Injury Lawyers. Our attorneys can guide you through the claims process and help you receive maximum compensation. Our expertise helps you with many parts of the process, including:

• Promptly Notifying the Insurance Company

After the slip-and-fall, we will work with you to notify the responsible party’s insurance company. This initiates the claims process and ensures that all paperwork and evidence are provided to the insurer. By contacting the insurance company promptly, you can help expedite the claims process to see a quicker resolution to your case.

• Documenting the Incident

Documenting the incident thoroughly is critical to the outcome of your claim. This includes taking photographs of the accident scene, gathering witness statements, and keeping records of medical treatment and expenses. Your attorney can help collect and organize these crucial pieces of evidence and submit them as part of a well-supported compensation claim.

• Conducting Investigations

When a slip-and-fall incident occurs, insurance companies will conduct a thorough investigation to evaluate who is at fault and the extent of the damages. This process involves scrutinizing evidence, collecting statements, and reviewing relevant documents.

Having an attorney by your side helps preserve and collect crucial evidence. They can also challenge any unfair assessments or attempts to downplay liability during the investigation by the claims adjuster.

• Exploring all Avenues for Compensation

The insurance company may offer you a lowball settlement during the claims process, hoping you’ll accept for less than you deserve. An experienced attorney can handle negotiations to help you receive a settlement that adequately compensates you for the injuries and damages suffered.

If a fair resolution cannot be reached through negotiations, your attorney can help you pursue legal action in a personal injury lawsuit.

Navigating Slip-and-Fall Claims with Expert Legal Support

Unforeseen slip-and-fall accidents can leave victims in a vulnerable and distressing situation. If you are injured in a slip-and-fall incident, our personal injury attorneys at Berg Injury Lawyers can provide the legal support and assistance you need.

Our experienced lawyers will help you navigate communications with insurers, protect your rights, and maximize your chances of a favorable outcome for your case. Contact us for a free consultation today, and let us advocate for you.

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.

How to File a Personal Injury Claim After a Wildfire

by Staff Blogger | September 4th, 2023

From devouring vast stretches of pristine wilderness to ravaging homes and properties, wildfires are catastrophic events that leave behind devastation and heartache. Beyond the visible destruction, wildfires can leave victims with physical injuries, psychological trauma, and substantial financial losses.

According to the National Interagency Fire Center, the U.S. experienced 68,988 wildfires in 2022, which destroyed over 7,500,000 acres of land. California saw 7,477 wildfires that year, with 331,360 acres burned, 9 civilian fatalities, and 876 structures damaged.

If you sustained personal injuries in a wildfire, you may have legal options for seeking compensation. Whether your injuries resulted from negligence or inadequate emergency response, you can work with a California wildfire liability lawyer to file a personal injury claim for a fair settlement.

Ensuring Personal Safety and Seeking Medical Attention

Whether you find yourself caught in the path of a wildfire or are evacuating from an affected area, you should always follow safety protocols and seek immediate medical attention. The following steps can help you get to safety, receive treatment, and document your injuries for potential legal actions.

• Follow evacuation orders: Follow any evacuation directives from authorities. Your safety is critical, and moving to a designated safe location will help prevent further harm.

• Create a clear exit path: Maintain awareness of multiple escape routes and create a clear path to safety. Be prepared to quickly move if conditions change or worsen.

• Prioritize immediate care: If injured, seek immediate medical treatment, even if injuries seem minor. Smoke inhalation can cause life-threatening complications and may not be apparent immediately. Prompt attention safeguards your health and establishes a medical record of your injuries.

• Follow prescribed treatment plans: Adhere to your doctor’s treatment plans and attend follow-up appointments. This can help document the extent of your injuries and prove their lasting impact on your life.

Documenting Damages and Losses from the Wildfire

The process of recovering and seeking compensation for damages and losses can be complex. By capturing detailed photographs of the wildfire’s damage, injuries, and aftermath, you can provide evidence to support your claim and increase the chances of receiving restitution.

• Capturing photographs of damage: Focus on capturing clear and comprehensive pictures highlighting the destruction’s extent. Photograph property damage, landscapes, personal belongings, utility damage, and date and time evidence.

• Documenting injuries: Injuries sustained during a wildfire are crucial evidence for your personal injury claim. In addition to photographs, keep records of medical documentation such as bills, medical reports, and medical records that detail the extent of your injuries.

• Capturing the aftermath of the wildfire: The aftermath can be a powerful testament to the extent of the disaster and its impact on the community. Check for environmental damage such as burn scars on the landscape, soil erosion, loss of wildlife habitats, and pollution. Document these events with videos and photographs.

Gathering Evidence to Support the Claim

When filing a personal injury claim after a wildfire, the strength of your case relies heavily on the evidence you present to support your allegations. Solid evidence can establish liability, demonstrate the extent of damages, and increase the likelihood of a successful claim.

• Eyewitness testimonies: Eyewitness accounts can corroborate your version of events and add credibility to your claim. Seek statements from individuals who witnessed the wildfire’s ignition, spread, or contributing factors. Eyewitnesses may include neighbors, passersby, emergency responders, or others present during the incident. Record their statements promptly, as memories can fade with time.

• Expert opinion: Expert testimony can provide authoritative insights into the cause and effects of the wildfire. Professionals, such as fire investigators, environmental experts, or meteorologists, can analyze the wildfire’s circumstances and offer objective opinions on its origin, potential negligence, or other relevant factors. Expert opinions can strengthen your claim’s validity.

• Documentation of the cause of the wildfire: Gather official reports, news articles, or any relevant documentation that sheds light on the origin and spread of the wildfire. This documentation may include statements from fire departments, forestry agencies, or other authorities responsible for investigating wildfires.

Notifying Authorities and Filing Incident Reports

Notifying the appropriate authorities and filing incident reports is crucial in establishing an official record of the incident and ensuring the necessary actions are taken. Promptly reporting the wildfire to local fire departments and other relevant agencies like the California Department of Forestry and Fire Protection documents the event and aids in investigating its cause and containment.

Notifying authorities and filing incident reports also creates an official record of the wildfire event. This documentation serves as a comprehensive account of the incident, including its location, time of occurrence, and the extent of damages. An official record is vital when seeking compensation for personal injuries and property damages, as it establishes the wildfire occurrence and its impact.

Consulting with a Wildfire Liability Attorney

Consulting with a wildfire liability attorney is crucial to navigating the legal complexities and maximizing your chances of receiving fair compensation. An experienced attorney specializing in wildfire claims can offer invaluable insights and assistance in identifying potential sources of compensation.

• Homeowners’ insurance: One of the primary sources of compensation for property damages resulting from a wildfire is homeowners’ insurance. If you have a comprehensive insurance policy covering fire damage, you may be eligible to claim repair or replace your damaged property and belongings.

• Government entities: If the wildfire resulted from inadequate maintenance of public lands, faulty equipment, or delayed response to the fire, you may have a valid claim against government agencies.

• Responsible parties: If the wildfire was caused by the negligence or wrongful actions of individuals or companies, they may be liable for the damages and losses. Examples of responsible parties may include landowners, utility companies, construction crews, or individuals whose actions directly or indirectly led to the ignition and spread of the wildfire.

Contact a Lawyer You Can Trust

When facing the devastating aftermath of a wildfire, seeking compensation for personal injuries and property damages requires skilled legal representation and guidance. Our environmental injury attorneys at Berg Injury Lawyers understand the challenges that wildfire victims face, and we are committed to fighting for your rights and securing the compensation you deserve.

Our experienced wildfire liability attorneys possess the knowledge and expertise needed to navigate the complexities of the legal process, identify potential sources of compensation, and build a solid case on your behalf. Contact us today to schedule a confidential, free consultation. 

What to Know About California’s Dog Leash and Dog Bite Laws

by Staff Blogger | August 28th, 2023

California’s dog leash and dog bite laws are in place to safeguard the well-being of both dogs and the public. These laws dictate the appropriate handling and restraint of dogs in public spaces and establish liability for dog owners in the event of a bite or attack.

Understanding these laws is essential for dog owners, pedestrians, and anyone who encounters dogs in public areas. If a dog in the Golden State hurts you, our California dog bite lawyers at Berg Injury Lawyers can help you file a claim against the responsible dog owner for compensation. 

Understanding California Leash Laws

While there is no state-wide leash law, most California municipalities have established mandates requiring dogs to be leashed in public spaces like parks, sidewalks, and playgrounds. These rules protect dogs and the general public from potential harm and ensure responsible pet ownership.

For example, the city of Sacramento requires that dogs in public areas be on a leash that has a length of 6’ or less. In Alameda, dog owners must leash their pets and control them in public parks. Dogs are not allowed on the city’s beaches.

Strict Liability Explained

Unlike specific leash laws, California does follow a strict liability rule for dog bites across the entire state. Strict liability means dog owners are legally responsible for injuries their dogs inflict. This applies whether the dog has a history of aggression or if the owner was aware of the dog’s dangerous disposition. This rule applies in public spaces and private property where the injured person has lawful access.

Consequences of Violating Leash Laws

When dog owners violate leash laws, they may face various consequences and liabilities. Local authorities may fine owners for having their dog off its leash. For example, in Sacramento, owners could be fined between $50 and $500 and receive a written citation.

Dog owners who fail to leash their pets may also face legal liabilities. If an unleashed dog causes harm or injury to another person, their property, or another animal, the owner can be held legally responsible under the state’s strict liability rule. This means the dog owner may have to pay a victim’s medical expenses, property damage, or lost wages if they missed work due to injuries. If the dog attack victim suffers emotional damage, the dog owner may also be responsible for damages such as pain and suffering or emotional distress.

How to Prove Dog Bite Injuries

You must provide sufficient evidence to support your claim when seeking compensation for dog bite injuries. Proving dog bite injuries involves gathering evidence to establish liability and demonstrate the extent of the damages suffered. Some ways to do this may include:

• Seek medical attention: Even if your injuries seem minor, seek medical attention. Medical professionals can assess the injuries and provide treatment and documentation of the incident. Your attorney can use these documents to show the extent of your injuries.

• Document the incident: As soon as possible, get the name and contact information of the dog owner or witnesses. Your attorney can speak with witnesses after the incident to get their statements. This evidence can help prove you were lawfully on the property where the attack occurred and that you did not provoke the dog before it bit you.

Also, take photos of the scene, and record the details, such as the date and time of the incident as well as the circumstances and information on the dog.

• Report the incident: Report the dog bite incident to authorities, such as local law enforcement or animal control. This ensures that an official record of the incident is created and can support your claim. Request a copy of the incident report for your records.

• Speak with an attorney: Seek legal counsel from an experienced personal injury attorney specializing in dog bite cases. Our attorneys at Berg Injury Lawyers can assist you through the legal process, help gather evidence, assess the strength of your case, and represent your interests in negotiations or court proceedings.

Schedule a Free Case Review with a Dog Bite Attorney

California’s dog leash and bite laws are in place to ensure public safety and hold dog owners accountable for any harm caused by their pets. When dog owners violate these laws, it can lead to severe injuries if their dog decides to attack an innocent party.

If you or someone you know has suffered a dog bite injury, seeking legal representation from a knowledgeable personal injury attorney is crucial. Berg Injury Lawyers has a strong track record in handling dog bite cases and advocating for the rights of victims.

Contact our legal team today to schedule a free consultation for your dog bite case. Our experienced team can provide guidance, gather evidence, and fight for the compensation you deserve.

The Dos and Don’ts When Speaking to an Insurance Adjuster After an Accident

by Staff Blogger | August 21st, 2023

If you are involved in a personal injury accident, such as a car crash or slip-and-fall, you’ll need to speak with an insurance adjuster when filing your claim. The role of these professionals is to investigate and settle claims on behalf of the other party’s insurance company.

Knowing the dos and don’ts of interacting with insurance adjusters helps protect your rights during the claims process. This knowledge ensures that you avoid making statements or taking actions that may hurt your case while cooperating with the adjuster.

What Is an Insurance Adjuster?

An insurance adjuster, also known as a claims adjuster, is an insurance industry professional working on behalf of an insurance company. They investigate insurance claims, assess damages, injuries, and legal liabilities, then negotiate with the other parties to reach an appropriate settlement.

Adjusters use live phone calls to gauge your knowledge of the injury claims process. Although the insurance adjuster may sound and act like they’re on your side, it’s important to remember they work for the other party’s insurance company. They primarily put their employer’s interests ahead of yours and will seek to settle for the lowest acceptable amount.

What to Do When Dealing with an Insurance Adjuster

You must cooperate with an insurance adjuster to advance your compensation claim and achieve a fair settlement. The following tips can help you know what to do when speaking with an adjuster from your own or a third-party’s insurer. If you are represented by legal counsel, be sure to check with your attorney prior to speaking with the adjuster.

DO: Take Notes

Document all your interactions with the insurance adjuster. This includes writing summaries of phone calls or in-person conversations and keeping copies of all letters, emails, and other documents.

Do: Provide Straightforward, Concise Answers

Answer all questions the adjuster asks truthfully and without exaggeration. Avoid lying or speculating about who is at fault for your injuries. If you can’t answer a question, ask for clarification, or simply respond, “I don’t know.”

Answer the adjuster’s questions clearly and concisely. Don’t say anything that could be considered admitting fault, such as “I’m sorry,” and don’t downplay your injuries by saying something like “I feel fine today.”

Inaccuracies and exaggerated statements can hurt your credibility and be used against you to reduce or deny your claim. Avoid volunteering information or over-sharing; limit your answers to the adjuster’s questions.

Do: Cooperate with the Adjuster’s Request for Documentation or Evidence

Cooperating with an insurance adjuster’s requests for documentation or evidence is crucial to processing your claim successfully. The adjuster needs to assess the legitimacy and extent of your claim, and the only way to do this accurately is through proper documentation.

Do: Contact a Lawyer

Don’t wait for a call from the insurance adjuster before contacting a lawyer. Seeking the help of experienced California personal injury attorneys can help you prepare for the conversation, navigate the claims process, and ensure you get maximum compensation for your injuries.

What Not to Do

The statements you make to an insurance adjuster can affect the outcome of your claim. Consider the following tips for speaking with adjusters to help you avoid making a mistake that could keep you from receiving the settlement you deserve:

Don’t: Consent to Recorded Statements

The adjuster may request you make a statement on record. Insurance companies may use the recordings to twist your statements and reduce or deny your claim. California is a two-party consent state, so you are not required to accept making a statement on record. Always refuse if asked and direct the adjuster to speak with your attorney, especially if speaking with another party’s insurance company.

Don’t: Settle Without Legal Advice

Never accept the insurance adjuster’s first offer. It is likely too low to cover your expenses and damages. While an insurance adjuster is a professional, they operate in the insurance company’s best interests.

They may use tactics such as offering a low settlement or claiming that you won’t receive compensation if you don’t settle. They may also ask a question repeatedly to see if you change your statement to use it against your claim. You should approach any conversations with an adjuster cautiously, ideally with the guidance of your attorney.

Always speak to your lawyer before signing or agreeing to any offer or signing releases or waivers. If the adjuster provides you with documents to sign, share them with your lawyer, who can help you understand their implications for your claim.

Receive Expert Legal Representation from Berg Injury Lawyers

At Berg Injury Lawyers, our team understands the confusion victims may feel after a life-altering accident, especially when dealing with insurance company adjusters.

If you were hurt in a car accident, slip-and-fall, or another type of personal injury incident, our attorneys can step in during the claims process to help you navigate communications with the insurance company.

We can help you protect your rights, submit strong evidence, and negotiate a fair settlement for your case. Contact us today for a free initial consultation.

Is California a No-Fault State for Car Accidents?

by Staff | August 17th, 2023

Originally published October 4, 2021.

Each state has different laws for resolving accident and insurance disputes. For auto accidents, states have either “no-fault” or “at-fault” insurance laws. California is an at-fault state, which means the driver deemed responsible for the accident is liable for paying the costs of potential injuries and property damage sustained by other parties.

To receive compensation, you must be able to prove liability in your case. If you’re involved in an auto accident in California, contact the California personal injury lawyers, Berg Injury Lawyers, as soon as possible. Acting quickly can help preserve any evidence that can be used to establish fault in your case, and protect your rights to compensation.

DIFFERENCE BETWEEN AT-FAULT AND NO-FAULT LAW

Understanding the difference between no-fault and at-fault laws can help you choose the right level of insurance coverage to cover damage or injury in an auto accident and can help you know what to expect if your case goes to trial.

 HOW AT-FAULT LAWS WORK

In an at-fault state, the party responsible for causing the auto accident, along with their insurance company, pays for the sustained injuries and damage in relation to their degree of fault.

If you’ve been injured in a car accident that wasn’t your fault, you can claim compensation from the at-fault party. However, you must be able to prove liability before you’re entitled to receive any compensation.

If one or both parties aren’t satisfied with the payouts or liability distribution, they can file a lawsuit or dispute the claim. The at-fault driver is liable for damages related to medical expenses, loss of income, and non-economic damages such as pain and suffering, emotional distress, and loss of consortium or companionship.

 HOW NO-FAULT LAWS WORK

For auto accidents in a no-fault state, drivers must make claims through their insurance policies, whether or not they’re at fault. No-fault states require drivers to have personal injury protection (PIP) coverage as part of their policy.

Neither party needs to prove who is at fault since both insurance companies cover the costs of their client’s medical expenses. Property damage laws can vary between states, with some states requiring drivers to submit a separate claim if their vehicle is significantly damaged during an accident.

While no-fault laws eliminate lengthy disputes and claims, insurance coverage is typically expensive.

CALIFORNIA: AN AT-FAULT STATE

If you’re involved in an auto accident in California, you’re entitled to file a claim against the responsible party for the injuries and damage they caused, provided you can prove liability. However, according to California law, all drivers must have liability insurance that adheres to the state’s minimum requirements despite being an at-fault state.

• $5,000 coverage for property damage.
• $15,000 coverage for bodily injuries or death of one individual.
• $30,000 coverage for bodily injuries or death of multiple individuals.

California uses pure comparative negligence for car accidents. This means that responsibility can be shared when determining who is at fault. So, you may be entitled to receive compensation for injuries and damages even if you are partially at fault for a car accident.

This system is beneficial for both plaintiffs and defendants. Even if the plaintiff’s degree of fault exceeds the defendant’s, they can still recover a percentage of the damages awarded. For example, if a jury determines that the plaintiff is 80% at fault and the defendant is 20% at fault, then the defendant only pays 20% of the damages amount to the plaintiff.

 The more evidence you have regarding the other party’s fault, the more likely you are to collect a higher amount of compensation. Some forms of evidence you should make sure to collect include:

• photographs and videos of the accident scene
• copies of medical and police reports
• eyewitness accounts
• driver and vehicle information for all involved vehicles
• receipts for medical and property costs

WHAT TO DO IF YOU’RE INVOLVED IN AN ACCIDENT IN CALIFORNIA

If you are involved in an auto accident in California, the state’s at-fault insurance laws protect you even if you are partially at fault. However, to ensure you receive compensation for your injuries and any damage to your vehicle, you need an experienced San Francisco personal injury attorney to navigate the complex California legal system.

The car accident attorneys at Berg Injury Lawyers can help gather the evidence to determine liability in your case and represent you in court. Contact us for a free consultation, and let us help you fight for the compensation you deserve.

California Construction Sites: A Hotbed for Personal Injury Claims?

by Staff Blogger | August 14th, 2023

With a constant flurry of activity, towering structures, and a chorus of machinery and tools, construction sites can be some of the most dangerous workplaces in California. They represent a complex intersection of human labor, heavy machinery, and high-stakes projects often racing against time. This combination makes construction sites a potential hotbed for personal injury claims.

If you work in construction in California, you have the right to seek compensation if you’re injured on the job. Our construction accident lawyers at Berg Injury Lawyers can help you understand your legal options after an accident and help you recover fair compensation.

Identifying Construction Site Hazards and Risks

According to OSHA statistics, the construction industry accounts for 47.4% of all fatal occupational injuries, with 976 workplace deaths in 2020. In 2021, California saw 81 fatal workplace injuries in the construction sector, with 24 deaths among construction laborers.

Identifying hazards and risks on construction sites involves recognizing potential sources of accidents and injuries. These include fall hazards from scaffolding, ladders, or other elevated platforms, striking hazards from falling tools or machinery, and electrocution risks from power tools and wiring.

Hazards may also arise from improper handling of materials, inadequate safety procedures, and a lack of proper protective equipment. Some common construction site hazards include:

• Slipping and tripping: Many construction sites require workers to operate on uneven or unstable surfaces in and around debris and other obstacles. Falling, tripping, or slipping are among the most common risks for construction workers.
• Falling from heights: Many construction sites use scaffolding, ladders, and other elevated surfaces. However, working at height presents the risk of falling, which can seriously injure or kill construction workers. According to the CDC, fatal falls are the leading cause of death among construction workers.
• Noise levels: Construction sites generally feature a range of equipment that can generate unsafe noise levels. Prolonged exposure to construction noise can cause permanent hearing damage, disturb a worker’s ability to focus, and potentially lead to other injuries.
• Electrical hazards: Construction equipment includes various power tools and devices, often connected with exposed wires and cables. Operating in these environments exposes workers to various electrical hazards, such as exposed power lines, ungrounded equipment, or tool misuse.
• Harmful materials: While construction workers must wear appropriate personal protective equipment (PPE), work sites routinely expose them to harmful airborne particulates, such as concrete and silica dust, lead, wood dust, or asbestos. PPE also protects against struck-by injuries from objects such as nails or wood, but if it is not working or ill-fitting, it places workers at risk of an accident.

Duty of Construction Site Owners and Contractors for Safety

State and federal laws require construction company owners, project managers, general contractors, supervisors, and site property owners to ensure safety on a construction site.

Construction site safety rules and standards in California are defined, taught, and enforced by the California Division of Occupational Safety and Health (DOSH), better known as Cal/OSHA.

The primary responsibility of construction site owners and contractors is to ensure the site complies with all applicable OSHA and Cal/OSHA safety measures. They must also monitor construction sites and minimize or remove safety hazards.

Examples of safety tasks they must perform include providing appropriate PPE, installing code-compliant guardrails to prevent falls, regularly conducting inspections of equipment to ensure they are safe to use, and general cleaning and site organization to remove trip and fall hazards.

Pursuing Personal Injury Claims: Holding Responsible Parties Accountable

If you are injured on a construction site in California, the site owner, contractor, or another party responsible for maintaining safety may be liable for your damages. Additionally, according to the California Code of Civil Procedure (CCP 3294), the state may award punitive damages if the responsible parties’ conduct at the time of the accident was malicious, oppressive, or fraudulent.

Steps to Follow After a Construction Accident

If you suffer injuries on a construction site, follow these steps to preserve your health, safety, and rights.

• Seek medical attention. No matter the extent of the damages or injuries, seek professional medical attention after an accident, even if you don’t feel pain. Many types of construction site injuries, such as concussions from minor falls, are not immediately apparent yet worsen over time if left untreated.
• Keep medical records. Always keep detailed records of your interactions with medical professionals, such as EMTs, doctors, and hospitals. They can prove the full extent of your injuries.
• Report the accident. All construction site accidents in California should be reported to Cal/OSHA, and for serious injuries typically within 8 to 24 hours. Reports ensure your accident is documented, known to the proper authorities, and investigated. If your employer fails to do so, you can visit the Cal/OSHA website to file a complaint with your local enforcement district office.
• Collect evidence. Gather information, witness statements, and photo and video evidence of the accident. These details are critical for building your case and proving your injuries.
• Contact a lawyer. A qualified California construction accident lawyer can represent your rights and interests. They can assist you, provide legal advice, and help you understand your options to file your personal injury claim.

Consult a California Construction Accident Lawyer Today

Berg Injury Lawyers has represented the interests of injured construction workers in Northern California for over 40 years. Our firm is dedicated to providing you with the legal representation, expertise, and compassion you need when you are most vulnerable.

We will handle your injury claim and fight for maximum compensation, letting you focus on healing and rebuilding your life. Contact us today for a free case evaluation.

Steps to Take After a Bicycle Accident in Sacramento

by Staff Blogger | August 7th, 2023

Bicycling in Sacramento can be a convenient and eco-friendly way to navigate the city. However, accidents can happen, and taking immediate action is crucial to protect your rights and well-being. According to the California Office of Traffic Safety, bicyclist deaths have increased by 60% since 2010, with 45 deaths in Sacramento County between 2017 and 2021.

As you head out on your bicycle to enjoy the sunny weather and engage in outdoor activities, you can prevent an accident by knowing how to ensure your safety and what steps to take after a cycling accident in Sacramento.

Seek Medical Attention

When you’re involved in a bicycle accident, the first step is to prioritize your safety and well-being. Do the following after your accident to preserve your rights and get the necessary medical attention:

• Move to a safe location: Immediately after the accident, relocate yourself and your bicycle to a secure area off the road. This action prevents further harm from passing vehicles and allows you to assess your injuries without additional risks.

• Seek medical attention: Regardless of the severity of your injuries, seek medical attention promptly. Even seemingly minor injuries, such as bruising or a concussion, can have underlying complications that only a medical professional can properly diagnose.

• Document your injuries: While receiving medical care, thoroughly document your injuries. Take photographs of visible injuries such as bruises, cuts, or abrasions. These visual records serve as valuable evidence when building your case. Additionally, note any symptoms, pain levels, or limitations you experience due to the accident. This documentation supports your compensation claim.

• Keep all medical records: Retain copies of all medical records, bills, and receipts for your treatment. Your attorney will use these records to help you file a compensation claim for medical expenses or other damages resulting from the accident. Organize them in a secure place for easy access during the legal process.

Gathering Essential Evidence for the Accident

After ensuring your safety following the bicycle accident, gather as much evidence as possible from the scene. This can strengthen your case when pursuing a personal injury claim. To adequately document the incident, do the following:

• Capture the scene: Use your smartphone to take photographs or videos of the accident scene. Focus on capturing visible damage to your bicycle, other vehicles involved, or any hazardous conditions present. These images serve as crucial evidence when determining liability and demonstrating the extent of the damages.

• Obtain contact information: Collect contact information from all involved parties, including drivers, pedestrians, and witnesses. Their testimonies may provide valuable insights into what happened during the accident. Record their names, phone numbers, and addresses to facilitate future communication.

• Document relevant details: Pay close attention to and document important details such as road conditions, traffic signals, weather conditions, and any other factors that may have contributed to the accident. These details help establish the circumstances surrounding the incident and assist in determining fault.

• File a police report: It is crucial to report the bicycle accident to the Sacramento Police Department or local law enforcement. Contact them immediately and provide all relevant information about the incident. A police report serves as an official record of the accident, which proves valuable when dealing with insurance companies or pursuing legal action.

Protecting Your Rights After the Accident

Taking immediate steps to safeguard your rights following a bicycle accident lets you seek compensation from the driver who caused your injuries. A skilled bicycle attorney from Berg Injury Lawyers can review the evidence in your case and help you file a claim with the negligent driver’s insurance.

Our attorneys know Sacramento traffic and bicycle laws and will guide you on your legal options after a collision. If the driver’s insurance company refuses to settle for a fair amount to cover your injuries, we will represent you in a personal injury lawsuit. This can help you win damages to cover medical bills, lost earnings, and pain and suffering.

Call Our Bicycle Accident Attorneys in Sacramento

If you or a loved one has been involved in a bicycle accident in Sacramento, seek legal representation from an experienced California bicycle accident attorney. At Berg Injury Lawyers will fight to protect your rights and pursue the compensation you deserve.

Contact us today for a free consultation and let us help you navigate the legal process while you focus on your recovery.