Auto Accident

Ride-Sharing Accidents in California: Who is Liable?

by Staff Blogger | July 24th, 2023

Ride-sharing services like Uber and Lyft provide Californians with a convenient way to travel across the state. However, since 2011, ride-share drivers have been involved in an increasing number of accidents and fatalities, with around a 3% annual increase.

These accidents are often due to collisions with other vehicles, single-car accidents due to driver negligence, and incidents involving pedestrians or cyclists. Uber’s latest safety report found that 94% of accidents between 2019 and 2020 resulted from negligent behavior by third-party drivers, such as speeding or intoxicated driving.

Understanding potential liability in a ride-share accident can help you know your rights and obtain compensation if you’re injured in a crash.

Insurance Policies and Liability: The Role of Ride-Sharing Companies

Liability in ride-share accidents can be complex. These incidents often involve multiple parties, including ride-share drivers, the ride-share company, third-party vehicles, and passengers.

Ride-share drivers: The driver operating the vehicle at the time of the accident may bear responsibility for the collision if they violated traffic laws or drove recklessly. However, their liability may depend on their active status at the time of the incident:

If the driver was driving on their own time and was not signed into the Uber or Lyft app, you could receive compensation based on the limits of their personal auto insurance policy.

If the driver is available for ride requests when the incident occurs, you can obtain compensation from the ride-share company. Uber and Lyft provide commercial liability coverage for bodily injury and property damage under these circumstances.

An active ride-share driver in transit or on the way to pick up a passenger will be covered for $1 million by the ride-sharing platform.
Ride-share companies: Companies like Uber and Lyft may also share liability, as they have a duty to ensure the safety of their passengers. Driver training, background checks, and maintenance of their fleet may contribute to their liability.

Third-party vehicles: In some cases, another vehicle not associated with the ride-share service may have been involved in the accident. You can file a claim against a third-party driver if their actions or negligence led to the collision.

Passengers: Passengers may have contributed to the accident by distracting the driver, not wearing seatbelts, or engaging in other unsafe behaviors. Depending on the circumstances, they may share partial liability.

If you sustain injuries from a negligent Uber or Lyft driver, your California car accident attorney with Berg Injury Lawyers can help you determine liability and seek a settlement from the responsible party.

California’s Laws and Regulations on Ride-Sharing

Ride-sharing companies like Uber and Lyft fall under the classification of transportation network companies (TNCs) in California. Ride-share drivers and their companies are also subject to specific periods for liability in case of car accidents under state law. These periods include:

Period 1: The driver enters driver mode and accepts a ride request during this period. The ride-share company’s liability insurance covers $50,000 per physical injury, $100,000 per accident, and $30,000 for property damage during this period.
Period 2: The ride-sharing company provides a minimum of $1 million in commercial liability during this period.
Period 3: The $1 million commercial liability coverage continues when the driver picks up a passenger. It ends as soon as the passenger leaves the vehicle.

Understanding these nuances can help your lawyer establish liability and pursue legal action on your behalf. They can use these California guidelines to help you know how to sue a rideshare company after a crash if the driver’s actions led to your injuries.

Navigating the Aftermath: Steps to Take After a Ride-Sharing Accident

If you are injured in a rideshare accident, contact emergency services immediately. Then, take the following steps to document the incident and protect your rights to compensation:

Document the Scene

Gather evidence, such as photos and videos of the accident site and witness statements. Obtain the contact and insurance details of the driver since ride-share drivers must have both personal and commercial insurance.

Seek Medical Treatment

Some injuries, like whiplash, may not manifest immediately after an accident. Schedule a visit with your doctor to assess and document any hidden injuries. Your medical records can support your insurance claim and help your lawyer connect your injuries with the accident.

Report the Incident to the Ride-Share Company

Inform the ride-share company about the accident as soon as possible. You must complete a claim form for Uber or Lyft, so they can begin reviewing your claim and award you compensation under their liability policies.

Contact a Ride-Share Attorney to Evaluate Your Case

A California car accident lawyer from Berg Injury Lawyers can help you receive fair compensation if you are involved in a ride-share accident. Our experienced attorneys understand the complexities of ride-sharing accidents and can negotiate with ride-share companies or third-party driver insurers on your behalf. Contact us today for a free, no-obligation case evaluation.

What Are the Worst Traffic Times in Sacramento?

by Staff Blogger | July 17th, 2023

Originally published July 20, 2020.

If you live in Sacramento, you’re likely behind the wheel of your vehicle longer than most people on your typical daily commute. One study suggests that Sacramento drivers spend 60 hours each year driving in traffic, establishing the city as having the 22^nd-worst commute delay in the country.

THE WORST TRAFFIC TIMES IN SACRAMENTO

On weekdays, Sacramento’s roads are most congested between 3 p.m. and 5 p.m. On weekends, Sacramento drivers are most likely to encounter traffic between noon and 2 p.m. Unfortunately, for many commuters in Sacramento, braving long lines of vehicles during these hours of the day is unavoidable.

WHY IS TRAFFIC SO BAD IN SACRAMENTO?

The causes of our traffic woes are multifold. Sacramento is one of the fastest growing cities in California, which means there are an increasing number of vehicles on our roads. Another factor is the rise of so-called super commuters—people who face over an hour of commute times each day. The lack of affordable housing has pushed many people who work in Sacramento further away from the city, and they pay dearly in the form of time stuck in traffic.

THE CONSEQUENCES OF CONGESTED ROADS

Every year, commuters in Sacramento lose approximately $1,022 and 24 gallons of fuel because of traffic. In addition to lost time, money, and gas, congested roads cause other problems. Heavy traffic:

Causes wear and tear on vehicles through repeated braking and accelerating.
Blocks the path of emergency responders.
Induces anger or “road rage” among some drivers.
Contributes to air pollution and harmful gas emissions.

There’s also plenty of research suggesting that traffic increases the risks of car accidents. Though high-speed crashes are less likely when cars are traveling slowly, many other risks are introduced. For example, multiple-vehicle crashes and rear-end accidents can be more common when roads are congested.

IS THERE HOPE FOR A DAY WHEN SACRAMENTO HAS LESS TRAFFIC?

Probably not. If you’re hoping that these numbers will improve in the years to come, we hate to tell you things might get even worse. Researchers say that by 2030, Sacramento drivers could spend up to 70 hours a year behind the wheel during their commutes.

BUT ISN’T THERE A WAY TO SOLVE SACRAMENTO’S TRAFFIC PROBLEMS?

Easing commuters’ traffic problems is possible, though it usually requires solutions that are either impractical or impossible. The Brookings Institution, a reputable Washington, D.C. think tank, suggests four ways to deal with congestion:

1) Introducing tolls during the most heavily trafficked hours of the day to deter motorists.

2) Expanding road capacity to accommodate more drivers.

3) Expanding public transportation to give people more options.

4) Accepting it.

Yes, one of the leading think tanks in world suggests we essentially “get over it.” Brookings believes that option number four is the most realistic one. That’s because significant infrastructure improvements and tolls are politically and financially impossible in most parts of the U.S. If this esteemed think tank is right, we might benefit from looking at ways to make our commutes more tolerable.

Enjoying this article? You might also be interested in learning more about the worst traffic times in San Francisco.

HOW TO HANDLE THE STRESS OF TRAFFIC

If traffic is to be lumped in with death and taxes as something all of us will encounter, we’re best served by looking for ways to cope with it. Here are three methods for overcoming traffic-induced stress:

Breathe: Researchers report that breathing techniques alleviate stress. Though some of these techniques are complex, others are doable even when behind the wheel. For example, one method of breathing for stress reduction is to simply exhale more slowly on each breath until stress subsides. Simple and effective.
Listen to something engaging: Maybe you have certain types of music that put you at ease, or perhaps you enjoy podcasts or audiobooks. Whatever your entertainment of choice might be, being stuck in traffic is an opportunity to enjoy it. Just make sure you keep the volume down, so you can hear warnings signs of dangerous situations and avoid causing a distracted driving accident.
Reframe the situation: You can view traffic as a waste of precious time, or you could view it as a break from the many demands you face at home or work. A simple change in perspective can make sitting idly much easier to endure.

Are these ideal solutions? No, we’d all prefer to spend less time in traffic. But if it’s a fact of life, we can find healthy ways to deal with it. We can do our part to keep a healthy perspective while also being mindful of the safety of our fellow motorists. What happens when you’re involved in a crash with a driver who wasn’t mindful of your safety? In these situations, there is a clear solution: Demand compensation for the crash-related expenses you face.

To learn more about traffic in California, check out the following resources:

IF YOU NEED LEGAL HELP, CONTACT BERG INJURY LAWYERS

The Sacramento car accident attorneys at Berg Injury Lawyers can’t shorten your commute, but we can help you get the payment you deserve after a car accident that wasn’t your fault. Our consultations are free, so contact us today to speak to our team for a case evaluation.

Parking Lot Right-of-Ways in California: What to Know

by Staff | June 16th, 2023

Originally published December 6, 2021.

Auto accidents can happen at any time and anywhere. Due to the busy nature of parking lots, minor accidents are quite common. There are over 50,000 accidents in parking lots and parking garages every year. This is usually because one or more drivers are not paying proper attention to what is happening around them.

In extremely busy parking lots with high volumes of pedestrians and other vehicles, it’s easy for drivers to become confused about who has the right of way. Read on to learn more about California’s right-of-way rules and how they apply within parking lots.

WHO HAS THE RIGHT OF WAY?

In California, the default rule for parking lots is that the driver who is in the flow of traffic has the right of way. This means the driver traveling in the main lane has the right of way over individuals pulling out of parking spaces or feeder lanes. Feeder lanes have the right of way over vehicles backing out of a parking spot.

A driver exiting a parking space is responsible for stopping, checking for oncoming traffic, and pulling out of the space only when they have sufficient time and room to do so safely.

At an uncontrolled intersection in a parking lot, the first car to stop at the intersection typically has the right of way. All parties should stop and then proceed slowly in the order in which they arrived at the intersection.

If two drivers arrive at an intersection at the same time, the driver on the left should yield to the driver on the right. Remember to use your turn signals even in a parking lot to communicate with other drivers.

Some parking lots have one-way lanes with directional arrows; for the safety of all drivers, it’s critical to pay attention to these markings and travel in the direction indicated.

If two drivers are vying for the same parking spot, a driver crossing a traffic lane must yield.

Just like on the road, pedestrians have the right of way in parking lots. You must yield to pedestrians who are crossing in the parking area, especially at designated crosswalks.

WHAT ARE THE MOST COMMON ACCIDENTS IN PARKING LOTS?

Fortunately, most of the parking lot accidents are at slow speed and tend to be minor incidents. The types of accidents that may occur in parking lots are:

Driving the wrong way down a one-way lane
Backing out of a parking space without looking
Rear end collisions due to cars stopping suddenly
Driving at unsafe speeds
Turning sharply in front of oncoming vehicles
Driving through a crosswalk or stop sign
Distracted driving due to looking for an open parking space rather than the road ahead

The chances of serious injuries increase when the accident occurs at high speeds or involves a pedestrian. A pedestrian involved in a collision with a vehicle may suffer a range of injuries from the relatively minor, like bruises, to catastrophic, like a serious injury to the head or back.

What to Do After an Parking Lot Accident

If you are involved in a motor vehicle accident in a parking lot, make sure you:

Take photographs of the scene, the position of the vehicles, and any injuries you have sustained.
Record the names, addresses, and telephone numbers of any independent witnesses.
Get the other driver’s name, address, license number, and insurance details.
Visit your doctor as soon as possible and seek medical advice on any injuries, however minor they may seem.
Notify your insurance company of the accident.

If you suffer an injury in a parking lot accident, it’s best to seek legal advice from a personal injury lawyer as soon as possible. They can safeguard your rights and pursue a compensation claim on your behalf.

CAN THE OWNER of the parking lot BE LIABLE?

In California, property owners may be held liable for injuries caused by the dangerous conditions of their properties, and this includes owners of parking lots. A parking lot owner may be liable for many reasons, including:

Failing to make necessary repairs (such as fixing potholes)
Failing to mark directions of travel in lanes
Failing to mark crosswalks for pedestrians
Inadequate lighting
Failing to provide sufficient staff or staff training (such as what staff should do in the event of an injury or accident)

If you were in a parking lot accident and think you were a victim of a parking lot owner’s negligence, your best is to contact an experienced parking lot accident attorney as soon as possible. Your ability to obtain adequate compensation might hinge on the decision.

CONTACT A CAR ACCIDENT ATTORNEY AT OUR LAW FIRM TODAY

If you have suffered an injury in a parking lot due to the negligence of another driver or the parking lot’s owner, contact our firm and seek legal advice to protect your rights. You may be eligible for damages if, for example, another driver failed to yield the right of way, resulting in your injuries.

California car accident lawyers at Berg Injury Lawyers offer a no-obligation, free attorney consultation and help you pursue the compensation you are entitled to. Contact our law firm today to get started.

Common Injuries Sustained in Car Accidents and Their Long-Term Effects

by Staff Blogger | May 8th, 2023

Car accidents are an unfortunate reality of modern life in the United States, with approximately 2.1 million injuries and 42,000 deaths resulting from automotive accidents in 2020. The resulting physical and emotional injuries can be catastrophic and life-altering, requiring extensive, ongoing medical treatment and dramatically impacting a victim’s quality of life.

The Most Common Car Accident Injuries

Car accidents can result in a wide range of injuries, from minor cuts and bruises to more severe injuries like broken bones and traumatic brain injuries. Some common car accident injuries include:

Whiplash

Whiplash is a neck injury commonly sustained in car accidents, particularly in rear-end collisions. It occurs when the neck and head are thrust forward and backward suddenly, which causes damage to the soft tissues and cervical spine.

Immediate symptoms can include neck pain, stiffness, and reduced range of motion. However, whiplash can cause numerous long-term effects that require ongoing treatment, including chronic pain, headaches, and difficulty concentrating.

Broken Bones

Broken bones are another common injury in car accidents, ranging from simple fractures to complex, multiple breaks.

Acute symptoms of broken bones include pain, swelling, and deformity at the injury site. Long-term effects include limited mobility, arthritis, and chronic pain, limiting your ability to work and enjoy daily activities.

Traumatic Brain Injuries

TBIs are serious and potentially life-altering injuries that can result from car accidents. Symptoms can vary widely, from mild concussion symptoms like headache, dizziness, and confusion to severe cases involving loss of consciousness and memory problems.

TBIs can also result in numerous long-term issues, including chronic headaches and difficulty concentrating. They may also cause emotional and behavioral changes, such as mood swings, depression, and anxiety. TBIs can also result in long-term physical disabilities that limit your ability to work, drive, or engage in social activities.

Spinal Cord Injuries

Spinal cord injuries can occur in car accidents when the force of impact causes the spine to twist, bend or compress beyond its normal range of motion. This can happen when the body is thrown forward in a collision, and the head and neck are suddenly jerked, causing the spinal column to twist or bend unnaturally.

Spinal cord injuries can also result from direct trauma to the back or neck during the accident, such as when a car occupant’s back hits a hard object like a steering wheel or dashboard.

Symptoms can include paralysis, loss of sensation, and difficulty breathing, depending on the severity and location of the injury. Long-term damage can include permanent paralysis, chronic pain, and a decreased life expectancy, profoundly affecting your independence.

Soft Tissue Injuries

Soft tissue injuries, such as sprains, strains, and contusions, are common in car accidents. These injuries occur when the body is jolted or thrown suddenly during a collision, causing damage to muscles, tendons, and ligaments.

Soft tissue injuries can be mild, causing minor discomfort and swelling, or more severe, resulting in significant pain and restricted movement. Long-term effects include chronic pain, stiffness, and reduced mobility, impacting your ability to work and engage in daily activities.

Challenges Injured Car Accident Victims Face

Car accidents can result in severe injuries that can impact victims physically, emotionally, and financially. Seeking prompt medical attention after an accident is crucial to ensure the best possible outcome and to reduce the risk of long-term complications.

Recovering from these injuries can be a long and challenging process that often requires ongoing medical treatment and rehabilitation. Your physical injuries, such as head trauma and spinal cord injuries, may require extended hospitalization and rehabilitation.

These injuries can also result in emotional challenges such as depression, anxiety, and post-traumatic stress disorder. You may face significant medical expenses, lost wages, and the need to modify your home or vehicle to accommodate your injuries.

A timely settlement can provide essential support as you recover from an accident. It can help cover medical expenses, lost wages, and modifications you require for daily life.

How Can a Personal Injury Lawyer Help?

California car accident lawyers play a critical role in helping car accident victims secure compensation for their injuries. We can help navigate the legal process, negotiate with insurance companies, and advocate for fair compensation covering medical expenses, lost wages, and pain and suffering.

Contact Berg Injury Lawyers for a free case review if you or a loved one have been injured in a car accident. Our experienced legal team is dedicated to fighting for your rights and helping you get the financial compensation you deserve.

The Importance of Documentation in a Car Accident Claim

by Staff Blogger | April 24th, 2023

Car accidents can be traumatizing and may result in significant financial losses. Documentation is critical when making a car accident claim because it provides detailed evidence of the accident and resulting damages.

Knowing which documents you need and how to organize them for your attorney can help you file an efficient claim for compensation. The attorneys at Berg Injury Lawyers can help you gather the necessary paperwork and submit your claim to win a fair settlement.

Essential Documents for Your Car Accident Claim

Filing a car accident claim requires specific documentation that details the incident, your injuries, and insurance coverages for those involved. If you plan to file a car accident claim, you will need documents regarding the following:

Photographic Evidence

When involved in a car accident, document the scene with photographic evidence to support your claim. Take clear and detailed photos of the vehicles involved, including any damage sustained and the license plates.

Capture images of the accident scene, including any debris or skid marks, and take pictures of injuries sustained by yourself or others involved in the accident. Also, snap photos from different angles and distances to provide a comprehensive view of the incident.

Medical Records

If you are injured in an accident, document all medical treatment you receive. This documentation includes copies of medical bills, hospital records, and receipts for medication and other treatments like rehabilitative care. These records can help establish the severity of your injuries and the amount of compensation you may be entitled to.

When documenting your medical treatment, be thorough. Aside from billing and records, keep copies of reports from your doctor, such as X-rays or CT scans. Record time that you have taken off work due to medical reasons as this documents loss of income you can add to your claim.

Witness Statements

Witness statements can be invaluable in supporting your claim. When an accident occurs, note any witnesses’ names and contact information. Ask them to write down or video them speaking about what they saw or heard. This information can help establish who was at fault for the accident.

When speaking with witnesses, be respectful and non-confrontational. Start by introducing yourself and explaining that you are involved in a car accident. Then ask if they saw what happened and if they would be willing to provide a statement. If they are willing to give a statement, ask for their contact information so your lawyer can follow up if needed.

Police Report

In most cases, the police will be called to the accident scene. Work with your attorney to obtain a copy of the police report, which can provide critical details about the accident, such as who was at fault and whether any citations were issued.

When obtaining a copy of the police report, ask for the entire report, not just the summary. It should include information about the location, time, date, and weather conditions at the time of the accident. The report should also include the officer’s name and badge number, a description of the vehicle damage involved, and any witness statements collected at the scene.

Insurance Documentation

Keep copies of all correspondence with your insurance company, including emails, letters, and phone calls. This documentation helps ensure you receive the full compensation that you are entitled to.

When speaking with your insurance company, keep a detailed record of the conversation. Note the date and time of the call, the name of the person you spoke with, and a summary of what was discussed. If the insurance company sends you any documents, such as a settlement offer, keep a copy for your records and share them with your attorney.

How to Gather and Organize Your Documents

To effectively gather and organize documentation for your car accident claim, start by collecting and keeping important information in one place. You will receive documents at different times during your case, so having an effective organizational strategy helps ensure you promptly share records with your lawyer.

Keep all documents related to the accident in one place, such as a folder or binder.
Label each document with a clear and concise description.
Organize the documents in chronological order, with the most recent document on top.
Keep a copy of all documents for yourself and provide a copy to your legal representation if you have one.
Separate documents by category, such as medical bills, police reports, and correspondence with insurance companies.
Use dividers or tabs to separate different categories of documents.
Create a spreadsheet or list of all the documents you have collected to ensure you have everything you need.
Make sure all documents are legible and easy to read.
Consider making digital copies of all documents for backup purposes.
Keep all records up-to-date and add new ones as they become available.

Organizing your car accident-related documents for a claim can help you win a better settlement. It ensures you don’t lose vital evidence for your case and that your attorney has the information they need to help prove your claim to the insurance company for a settlement.

Find a Lawyer to Help Your Case

Documentation is critical when making a car accident claim. By gathering and preserving the necessary information, your attorney can file a well-supported claim that helps you receive the compensation you deserve.

Our California car accident attorneys at Berg Injury Lawyers can help you gather the documents you need to file your car accident claim. We have won millions for car crash victims in California and will use our experience to get you compensation for your injuries. Contact us today for a free, confidential consultation.

How to Get Someone’s Car Insurance Information After a Crash

by Staff Blogger | April 17th, 2023

Originally published on April 27, 2020.

Whether you forgot to collect the other driver’s insurance information at the scene, lost it after the fact, or were the victim of a hit-and-run, you might be wondering how to obtain someone else’s car insurance information. The access you have to this information depends on the circumstances. Let’s take a closer look.

STEPS FOR GETTING SOMEONE’S CAR INSURANCE INFORMATION AFTER A WRECK

There are three main approaches to obtaining this information:

After a crash, exchanging insurance information is one of the most important steps to take after checking for injuries. In most cases, the other driver will likely agree to exchange information without much hassle.
After a collision, the police should be called to respond to the scene and to file an accident report. While completing this report, the responding officer will write down the insurance information of each driver involved in the accident. If the officer filing the report doesn’t give you a copy of the report in person, you can get a copy by submitting a request to the police department. You can do this yourself, or, if you’ve hired an attorney, they can request the information on your behalf.
If you file a lawsuit, you or your attorney can request the information as part of the discovery process of that legal action. It’s worth noting that your own insurer can also be useful in this process. After you report the crash to your insurance company, which you should do as soon as possible after the wreck, even if you weren’t at fault, your insurer will seek more details about the scope of the other driver’s policy.

Obtaining another driver’s car insurance information after a crash is crucial for resolving any potential disputes and ensuring fair compensation. By exchanging information with the other driver, referencing the police report, or utilizing the lawsuit discovery process, you can secure the necessary information to protect your interests.

WHAT INFORMATION SHOULD YOU GATHER AFTER A CAR ACCIDENT?

The more information you obtain, the easier the claims process will be. If possible, get the following information from the other driver (and any passengers):

Name
Address
Phone number
Insurance provider
Insurance policy number
License number
Registration information
Vehicle make and model
License plate number

At the bare minimum, you want the other driver’s name, contact information, and insurance policy number. You can also note the location and time of the crash. If there were any witnesses to the crash, gather their names and contact information.

WHAT IF THE OTHER DRIVER REFUSES TO GIVE YOU INSURANCE DETAILS?

If the other driver refuses to give insurance details, notify the police. The police officer who responds to the scene will have taken their insurance information to put in their report, which means you will have access to the information you need to file a claim.

DOES A POLICE REPORT INCLUDE INSURANCE INFORMATION?

Yes, the police report will include insurance information from all drivers involved in the accident. It will also contain any relevant facts uncovered by the responding officer, including:

Date
Time
Weather conditions
Crash diagrams
Vehicle damage
Any violations of the drivers

In some cases, the police report includes the opinions of the officer. It’s important to obtain a copy of the police report after a crash. The report is an information-rich document that is essential for any claims that stem from the crash.

GETTING INSURANCE INFORMATION AFTER A HIT-AND-RUN ACCIDENT

Getting insurance information after a hit-and-run is difficult. If you managed to obtain the vehicle’s license plate number, you can report it to the police. Even if you don’t get the license plate, providing the police with the vehicle type and color can help identify the driver.

If you have no information about the hit-and-run driver, you should still notify the police (hit-and-runs are misdemeanor crimes in California) and your insurance company. Hit-and-run victims can often get compensation from their own insurance companies when the identities of the other drivers are unknown.

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WHEN TO CONTACT A CAR ACCIDENT ATTORNEY

If you’ve been involved in a crash, it never hurts to explore your legal options. The greater your damages, the greater your need for experienced legal representation. Remember that the other driver’s insurance provider will seek every opportunity to lessen the perceived fault of their policyholder. If possible, they’ll shift blame onto you and look for ways to deny you the compensation you deserve.

However, each step of the claims process, beginning with the information-gathering process immediately following the crash, also presents you with opportunities to build a solid case for compensation. By contacting an attorney early in the process, you’ll maximize your chances of getting the total compensation you need.

IF YOU NEED AN ATTORNEY, CONTACT BERG INJURY LAWYERS

The California auto accident attorneys at Berg Injury Lawyers know what to do after an accident. The sooner you put us on your case, the more work we can take off your plate. Whether you were recently involved in a crash or you are partway into the claims process, contact a lawyer for help. If you need assistance getting someone’s insurance information or you want someone to handle correspondence with the other driver’s insurer, our California personal injury lawyers can help; we have offices in Alameda, Sacramento, Modesto, and Fresno. Contact us today to schedule a free consultation.

Common Types of Brain Injuries from Car Accidents

by Staff Blogger | March 27th, 2023

Motor vehicle accidents are the leading cause of traumatic brain injury (TBI) deaths in adults between 20 and 24 and are the third leading cause of TBIs nationwide. While TBIs can be classified as mild, moderate, or severe, they are all serious medical conditions that require prompt diagnosis and treatment.

You may be entitled to financial compensation if diagnosed with a TBI after a car accident. An experienced California car accident lawyer from Berg Injury Lawyers can help you recover damages.

How Brain Injuries are Diagnosed

Accurately diagnosing a brain injury is critical for ensuring you receive the proper treatment and care. A comprehensive evaluation is necessary to determine the type and severity of the injury and develop a treatment plan.

Your doctor will perform a physical examination and review your medical history to assess the presence of a brain injury. They may also conduct diagnostic tests, including:

CT scan: A CT scan uses X-rays to create detailed brain images to identify any signs of injury.
MRI: An MRI uses strong magnetic fields and radio waves to produce detailed images of the brain, allowing the doctor to see any damage.
Neuropsychological Testing: This testing evaluates cognitive function, including memory, attention, and problem-solving skills.
EEG: An EEG records the brain’s electrical activity to assess its functioning and identify the presence of an injury.

Treatments Available for Traumatic Brain Injuries

The goal of treatment for a traumatic brain injury is to help you regain as much function as possible and minimize the injury’s long-term effects.

Physical Therapy: Physical therapy helps you regain strength and coordination and improves balance and mobility.
Occupational Therapy: Occupational therapy helps you relearn daily activities, such as dressing, eating, and grooming.
Speech and Language Therapy: Speech and language therapy improves communication skills and helps you overcome speech and language difficulties.
Cognitive Therapy: Cognitive therapy improves your memory, attention, and problem-solving skills.
Medications: Pain relievers, anticonvulsants, or antidepressants, manage your symptoms and promote healing.

Types of Traumatic Brain Injuries

A traumatic brain injury does not describe just one injury but is a category that encompasses several types of damage. The kind of brain injury can determine the symptoms and the prognosis for recovery.

Concussion. Concussions occur when the brain experiences a sudden, jarring impact and can cause headaches, blurred vision, nausea, and ringing in the ears. Long-term post-concussive symptoms occur in approximately 10-15% of patients, including memory problems and intense sensitivity to light and sound.
Skull fracture. A skull fracture is a break in one or more bones. Symptoms include disorientation, clear fluid running from the nose and ears, cranial swelling, and bruising around the eyes. Around 33% of people who sustain a severe head injury like a skull fracture do not survive, while 25% sustain some form of permanent disability.
Brain contusion. Brain contusions can occur when the head experiences a direct impact from a collision or is violently jerked forward, backward, or to the side. The force of the impact can cause the brain to collide with the skull, leading to bruising and swelling.
Hematoma. Hematomas, or collections of blood outside of blood vessels, often result from car accidents. Around 16 million subdural hematomas occur annually due to road crashes, with 1.25 million being severe. They can happen in the head, neck, or chest due to blunt force trauma from the impact of the collision. Hematomas pressure surrounding tissue, disrupt normal brain function and cause brain damage or death.
Diffuse Axonal Injuries (DAI). DAI occurs when the head experiences a rapid acceleration or deceleration force, such as in a high-speed collision. This force causes the brain’s axons (nerve fibers) to stretch and tear, leading to widespread brain damage. In severe cases, DAI can cause loss of consciousness, coma, or persistent vegetative state. Around 10% of people admitted to the hospital with a TBI suffer from a DAI, 25% of which result in death.

Available Resources for TBI Victims

For accident victims suffering from the effects of a TBI, receiving support and rehabilitative services can help them rebuild their lives after an accident. The following organizations provide resources to those suffering from TBIs:

Contact Berg Injury Lawyers for a Free Consultation

If you have recently suffered a head injury in a car crash, now is the time to reach out to a qualified car accident attorney. At Berg Injury Lawyers, we understand how serious injuries can affect your quality of life, finances, and relationships with loved ones.

We can help you get compensation for your TBI treatment, lost wages, and pain and suffering by gathering evidence to build your case, negotiating with the insurance company, or going to court.

Don’t struggle with physical pain and medical bills alone; c ontact our legal team to schedule a free consultation. Our team will support you every step of the way.

How Long Does It Take to Settle a Car Accident Case in California?

by Staff Blogger | March 6th, 2023

Car accidents can be a traumatic and life-altering experience for those involved, and settling a car accident case can be time-consuming and complex. In California, the length of time it takes to settle a car accident case can vary greatly, depending on factors such as the case’s complexity, the willingness of the parties to settle, and the court’s schedule if you are filing a personal injury claim.

This can result in an unpredictable timeline for resolution, with some cases being resolved quickly and others taking several years.

It is crucial for those involved in a car accident to understand the claims process and what to expect in terms of the timeline. Seeking the assistance of California car accident attorneys at Berg Injury Lawyers can ensure that your car accident case is handled efficiently and effectively and that you receive the compensation you deserve in a timely manner.

The Car Accident Case Process

Filing a car accident claim in California follows a standardized process with built-in timelines. The California Department of Insurance (CDI) outlines deadlines insurance companies have to receive, investigate, settle, and payout for a claim.

The following are typical steps you take when filing a compensation claim and the accompanying timeframes:

Notify the Insurance Company

The first step in a car accident case is to file a claim with the other driver’s insurance company. Once you file, the insurer has 15 calendar days to issue an initial response acknowledging their receipt of the claim. They must inform you of the start date of their accident investigation and provide instructions for sending additional documentation to prove your claim.

Negotiate with the Insurer

After sending documentation of your damages to the insurer, the insurance company has 40 days to accept or deny your claim. If they need more time to process the claim, they may request an extension with a detailed letter explaining why.

If the insurer is allowed an extension, they must provide you with a status update in writing every 30 days until they resolve your claim. By law, insurers cannot offer unreasonable low settlements or deny your claim without providing written reasoning for the decision.

Receive Your Settlement Check

If you and the insurance company agree on a settlement amount, they must pay your claim within 30 days [HP1] .

In total, insurance companies typically can take no more than 85 days from the receipt of your claim to deny or settle a claim (15 days to acknowledge receiving the claim, 40 days to accept or deny the claim, and 30 days to pay). In most cases, you can expect your settlement check about 6 weeks after you settle.

What Affects the Timeline of the Case?

Many factors influence how long it takes to settle a personal injury case, including the willingness of the insurance company to settle, the complexity of the case, and ongoing litigation.

Complexity of the Case

Complex car crash cases can take longer to settle than straightforward claims. For instance, crashes involving more than one party or commercial or government vehicles take longer to investigate because of the number of parties who may be accountable.

It may take longer to settle if your case involves catastrophic injuries such as disfigurement or a spinal cord injury. The potential settlement for this type of case is much higher, which means the insurance company requires evidence such as medical records, diagnostic test results, and estimates of future medical needs to agree on a payout.

Insurance Company’s Willingness to Settle

When an insurance company refuses to settle for a fair amount, the next step is to send a demand letter stating your intent to file a lawsuit.

The newly passed SB 1155 outlines several changes to how demand letters are used in car accident claims. It requires claimants to allow between 30 and 33 days for the insurer to respond to a demand letter and provide detailed reasoning for taking the case to court.

Involvement in Any Lawsuits

If you move ahead with a lawsuit, you will extend the timeline for your settlement. The court process has several phases, and you must abide by its schedule and timelines for personal injury cases.

For example, if your case requires expert witnesses, you must disclose them in accordance with the rules for the county in which your lawsuit was filed. The same holds true for discovery; You must also complete the discovery phase of gathering evidence and answering interrogatories in accordance with the rules for the county in which your lawsuit was filed.

A lawsuit can result in higher compensation; however, it typically takes several months to years to receive a settlement.

Start Your Claim with an Experienced Car Accident Lawyer

Ultimately, the timeline for settling a car accident case in California can be difficult to predict, but with proper guidance and support, it is possible to reach a resolution.

Our attorneys have been helping clients get compensation for car accidents for over 40 years and will use our experience to win you a fair settlement as quickly as possible.

Contact us for a confidential, free consultation with a member of our legal team who will discuss the circumstances of your car accident and its impact on your life, family, and finances.

Car Accidents Caused by Texting While Driving

by Staff Blogger | February 28th, 2023

We hear a lot about the dangers of texting while driving, but is it really that dangerous? And if it is, why do we keep on doing it? Texting while driving is dangerous, as it causes drivers to take their eyes off the road. This behavior leads to car accidents that can result in serious injuries and even fatalities.

Even though California has one of the lowest records of distracted driving fatalities, texting while driving has caused life-altering injuries to victims. If you have been involved in a distracted driving accident, you need an experienced Sacramento car accident attorney to handle your case.

At Berg Injury, we offer a free consultation and answer all the questions regarding your insurance claim. In the next section, we will give you facts, laws, and statistics about distracted driving, who is liable, and ways to prevent distracted driving.

What is Distracted Driving?

Distracted driving occurs when a driver is preoccupied with something other than driving. The secondary behavior causes drivers to take their hands off the wheel, their eyes off the road, and their mental focus away from the primary task of driving. These behaviors include eating, applying makeup, handling the dashboard controls, talking to a passenger, and texting.

Since nearly every driver has a mobile phone, texting while driving has become a major problem. Lawmakers have placed more emphasis on it because it has proven to be as dangerous as drunk driving.

If a distracted driver caused an injury to you or your loved one, proficient California car accident attorneys could help you fight for what is rightfully yours.

Facts About Distracted Driving

Distracted driving poses a danger to both the young and the old. In fact, young drivers are four times more likely to get into a car accident compared to experienced drivers. Other important facts about distracted driving include the following:

Men are twice more likely to get into an accident due to distracted driving than women.
Driving as you are texting is as dangerous as driving after drinking four beers within an hour.
Texting while driving increases the possibility of a motor vehicle accident by three times.
Distracted driving qualifies as a primary offense in California.
It takes about 27 seconds for your eyes to readjust to the road and the mental distraction to end after texting while driving.

California Distracted Driving Laws

According to California Vehicle Code, Section 23123, a person cannot read or write text messages or receive a call while driving on a public road. However, they are permitted to do so, if they have a hands-free system in the vehicle.

Further, California VC, Section 23124, prevents people under eighteen from using a mobile phone, including hands-free. Other laws also prohibit school bus and transit vehicle drivers from using a wireless phone unless it is work-related or an emergency.

California Distracted Driving Statistics

Motorists are often surprised when they hear that texting while driving is among the leading causes of car accidents. The following statistics give a better picture of the frequency and consequences of distracted driving:

In a 2020 National Highway Traffic Safety Administration (NHTSA) report, men caused 75% of distracted driving fatalities. Of these, 13% were mobile phone related.
Nationally, distracted driving causes nine deaths and more than 1000 injuries daily.
More than 650,000 people use mobile phones while driving (NHTSA)
A survey by AT&T showed that 98% of drivers who text and drive said they know the dangers of texting as they drive, but 75% of them still do it regularly.

Who is Liable in a Sacramento Texting While Driving Accident?

Since California is an at-fault state, a driver in Sacramento who caused harm to another person is responsible for the cost of the accident-related injuries. Additionally, Sacramento also follows the state’s pure comparative negligence law. For instance, if the injured person shares any liability, such as texting while driving, they may get reduced or no compensation for their role in the accident.

If you get involved in an accident due to distracted driving, talk to a car accident attorney immediately. By hiring a car accident attorney, Sacramento victims can hold the party at fault liable for their injuries and damage to the vehicle.

5 Ways to Prevent Being Distracted While Driving

A car, truck, or van is a lethal weapon when a distracted driver is on the wheels. A car accident caused by a preoccupied driver can cause permanent disability. To avoid this outcome, the following five tips can prevent you from being distracted while driving:

Send texts before getting into the car or pull over and stop if you need to send one.
Resist the urge to use the phone while driving.
Refrain from driving if you are feeling drowsy.
Prepare to drive before you start driving by ensuring everything is in place.
Ensure your car is well-maintained.

Contact an Experienced Car Accident Attorney in Sacramento

Many drivers take the right to use public roads for granted. In the process, some cause serious accidents that change the lives of those around them. If you are a victim of a car accident due to distracted driving, a car accident attorney in Sacramento can help you decide the next cause of action.

At Berg injury, we have helped car accident victims since 1981. We know how to protect the best interest of our clients while negotiating with the insurance company. Schedule a free appointment with us and let us help you seek the compensation you deserve.

What Are the Worst Traffic Times in San Francisco?

by Staff | February 14th, 2023

Originally posted March 15, 2021

San Francisco sees some of the heaviest traffic in the U.S. In fact, the Bay Area has the 7th worst traffic in the nation, according to INRIX, a company that provides location-based data and analytics.

INRIX determined that San Francisco commuters spent an average of 64 hours sitting in traffic in 2021. While the onset of COVID dramatically reduced traffic in the city, the average time spent commuting has continued to increase since then, and is starting to trend towards pre-COVID levels, which had peaked at around an average of 90 hours. If you’re one of the many commuters in the city, then you might be wondering what’s the best time to get on the road (and avoid getting stuck in the dreaded San Francisco traffic).

The good news is that it’s not unpredictable! We’ve managed to pin down some of the worst traffic times in San Francisco so you can plan around them. The bad news is that you might not be able to completely avoid these congested times of the day.

Read on to help plan your San Francisco commutes, and to learn more about how Berg Injury Lawyers can help if you get in an accident caused by a negligent driver.

WHAT RESEARCH SAYS ABOUT THE WORST TRAFFIC TIMES IN SAN FRANCISCO

In general, traffic peaks in San Francisco on Monday through Friday from 7 a.m. to 9 a.m. and again from 4:30 p.m. to 6:30 p.m., according to the city’s own estimates. The Urban Mobility Report from the Texas A&M Transportation Institute agrees to some extent, finding that the period between 4 p.m. to 6 p.m. on Monday through Friday sees the most traffic congestion.

This makes sense, as these are common “rush hour” times. However, other studies have suggested that different times of the day also present heavy congestion on our roads. Zendrive found that 11 a.m. to 2 p.m. was the worst period of the day for traffic in San Francisco.

Where you’re located and where you’re headed can also impact your travel times in the Bay Area. For example, if you’re headed north on Interstate 680 over the Sunol Grade, rush hour can start as early as 2 p.m. and last until 8 p.m.

To some extent, the data tells us what we already know: traffic in San Francisco can be brutal. However, if you can avoid traveling during the afternoon rush hour and plan your route wisely, you might be able to shave off collective hours from the annual amount of time you spend behind the wheel.

Frustrated by traffic? Learn 6 simple tips for dealing with Bay Area traffic.

CHALLENGES POSED BY SAN FRANCISCO’S HEAVY TRAFFIC

Congested roads take a toll on the Bay Area in more ways than just frustration. First, there’s the potential “congestion pricing program” the city is considering. If implemented, drivers entering downtown and South of Market could be charged a fee in an effort to reduce the number of cars in these areas.

Second, those hours lost in traffic delays have an economic impact. INRIX estimates that the total annual economic cost of sitting in traffic is $1,348 per driver in the U.S. That’s because sitting in traffic jams digs into office hours, not to mention it subtracts from available recreational hours spent with loved ones or finding time to relax.

And, of course, heavy traffic and the frazzled nerves that come with it can put drivers at greater risks of being involved in certain types of crashes, including rear-end collisions and distracted driving accidents.

If you’re enjoying this article, you might also be interested in: What Are the Worst Traffic Times in Sacramento?

IF YOU NEED A CAR ACCIDENT ATTORNEY IN SAN FRANCISCO, GET BERG!

At Berg Injury Lawyers, our San Francisco car accident lawyers know how bad traffic can get. Not only do we also travel congested roads on the way into our many offices in Northern California, we represent clients who get severely injured in Bay Area car accidents.

We know the law, and we know what it takes to fight for the compensation our clients deserve. If you’d like to schedule a free consultation, contact our San Francisco personal injury lawyers anytime to get started.