Auto Accident

How Long Do I Have to Make a Car Accident Claim in California?

by Staff Blogger | December 19th, 2022

A bad car accident can upend your life. When you’re facing the cost of car repairs, medical treatment for your injuries, and challenges of daily life, handling time restrictions on making a car insurance claim can feel like an overwhelming task. Some people get help from an auto accident attorney to help with the process and ensure they file a claim in time.

It can be difficult to keep up with claims and filing deadlines after a car accident. Learn how long you have to file a claim after a car accident and how Berg Injury Lawyers can assist with the process.

The Car-Accident Claim Process

When you’ve been in a car accident in California, you must file a claim with your car insurance company immediately, per California law. Some insurance policies have a deadline for filing, so it’s essential to check your policy details.

After filing with your insurance, your insurance company will reach out to you to ask about the circumstances of the accident and assess your damages. While your insurance company will usually work with an adjuster and your repair shop to determine the cost of damages to your car, they won’t take the initiative to investigate other damages.

Damages to anything other than your car, like medical expenses, will need to be documented so you can give them to your insurance company. There may also be deadlines for filing these documents, which will be listed in your insurance policy.

Per the California Department of Insurance, most insurance companies must:

  • Advise you of your policy benefits, coverage, provisions, and time limits.
  • Acknowledge, begin investigating, and correspond with you regarding your claim within 15 days.
  • Accept or deny the claim within 40 days of receiving the proof of claim document.
  • Offer a fair settlement, payable within 30 days of reaching an agreement.

California is an at-fault insurance state, so your insurance and the other driver’s insurance will determine who is most responsible for the accident. The driver considered not at fault will receive monetary compensation for their damages, while the other driver will not receive payment.

What Insurance Companies Will Try to Do

Car insurance companies are often reluctant to cover the damages you’re owed. To try and get out of compensating you, they may deliberately undervalue your car, claim you were at fault for the accident, or refuse to cover medical bills or wages you were unable to earn due to the accident.

Unethical insurance companies may even resort to bad faith tactics like deliberately delaying your claim, causing you to miss a deadline, and then denying your claim because the deadline has passed.

If you’re facing challenging negotiations with the insurance company, get in touch with a Sacramento car accident lawyer as soon as possible. An attorney can review your case and determine whether you’ll need to file a claim in court.

Why You Need a Car Accident Attorney if You’ve Been Injured

Handling the aftermath of a car accident is stressful, even in the best of times. Being badly injured in a car accident makes it significantly harder to keep on top of filing deadlines and necessary paperwork. Hiring a car accident attorney from Berg Injury Lawyers can give you peace of mind and ensure you file a well-supported compensation claim.

Berg Injury Lawyers has a team of experienced car accident attorneys who can help you through the claims process and ensure you file on schedule. If the other driver or their insurance company is unwilling to pay you what you’re owed, we will be prepared to fight to get you the compensation you deserve.

Let a lawyer handle the legal aftermath of your car accident so you can focus on getting your life back to normal. Contact us today for a free consultation and get started on your claim.

Who Determines Fault in an Auto Accident in California?

by Staff Blogger | December 5th, 2022

In California, determining liability is integral to the personal injury claim process. In the event of an accident, the driver who is at fault is responsible for all financial losses.

However, some drivers who sustain severe injuries may need to fully understand who determines fault and the evidence required to prove the other party’s liability. When you hire a California auto accident lawyer from Berg Injury Lawyers, they can help you determine liability and how it may affect your case after a car crash.

What Is an At-Fault/No-Fault State?

Many states require that drivers carry auto insurance, but car insurance laws vary depending on the liability situation. Car insurance laws around the country include no-fault and at-fault types of coverage.

No-Fault States

No-fault states require drivers to carry personal injury protection (PIP) and liability coverage. After an accident, all drivers are responsible for filing their insurance claims with their auto insurers, regardless of fault.

These states only allow drivers to sue for compensation and pain and suffering if their injuries and losses meet a specific threshold. For instance, a no-fault state with verbal thresholds enables injured drivers to sue when they meet the criteria for severe physical injuries.

Drivers with medical expenses that exceed statutory amounts can sue another driver in no-fault states with monetary thresholds.

At-Fault States

At-fault states require the driver who caused the accident to compensate the injured driver for their injuries and property damage. The injured driver can file an insurance claim under their property damage and bodily liability insurance coverage with the at-fault driver’s insurance policy.

However, the coverage only pays up to the auto policy’s limits. Injured drivers may sue at-fault drivers for additional compensation if their medical expenses and property damages exceed the limits.

Is California a No-Fault State?

California is not a no-fault state. It is an at-fault state that requires drivers to be liable for their actions in car accidents with substantial evidence. California drivers must carry liability insurance that follows the state insurance laws in case of an accident:

  • $5,000 for property damage
  • $15,000 for physical injuries or death of one party
  • $30,000 for bodily injuries or fatalities of multiple parties

When determining liability in a collision, the state follows pure comparative negligence, allowing shared fault between involved parties. Whether and how much compensation a person receives depends on how much responsibility they have for the accident.

As a result, the other driver may recover a portion of the damages, even if their liability exceeds yours. For example, if a jury finds you 30% at fault for an accident and the other driver 70% at fault, you only receive 70% of your damages.

The Process of Determining Fault

Following a car accident, insurance companies will look at the evidence and facts of the accident to determine the degree of fault. During the claims process, their adjusters look at the police report, investigate the accident scene, and evaluate medical records to determine a settlement offer.

Multiple factors can affect your case, such as where your crash occurred and what type of accident it was. For example, it may be difficult to determine who had the right of way in an accident occurring at a busy intersection. If there were no witnesses to the accident, the police officer may decide that you’re liable for the accident even though the other driver is at fault.

A California auto accident lawyer from Berg Injury Lawyers can investigate your case and help you prove fault. They understand the types of evidence needed to substantiate your compensation claim.  

How You Can Help Your Lawyer Prove Liability in a Car Accident

Your lawyer needs evidence to minimize your fault for the accident. Here are a few pieces of evidence you can obtain with your lawyer:

Eyewitness Statements

Ask pedestrians and passersby for their contact information and permission to get a statement. A statement from a credible witness may prove the at-fault driver caused the accident.

Surveillance Footage

Check if nearby homes and businesses have cameras pointed at the collision site. Many homes and businesses have surveillance cameras to monitor their properties.

Dashboard Cameras

Some passenger vehicles and commercial trucks have dashboard cameras facing the front and back of traffic. See if other drivers’ cars have a dashboard camera and ask them if they can lend their footage for your lawyer’s investigation.

Hire a Car Accident Lawyer to Help You with Your Case

California’s at-fault insurance system lets you prove liability and pursue compensation against the other driver. If you want to maximize your compensation, an experienced auto accident attorney can answer your questions and help you navigate the insurance claim process.

Contact our law office for a free consultation and learn how we can use evidence to determine liability for your claim.

How Long Until I Get My Car Accident Check?

by Staff Blogger | November 21st, 2022

Even a minor car accident can leave you shaken, but a serious car accident can cause significant stress and financial strain. A car accident settlement can offer hope to families tight on money. Settlement checks provide coverage for medical bills, car repairs, or the replacement of a totaled car. However, even after your claim is settled, receiving your car accident check can take weeks or even longer.

Learn about the process of a car accident settlement in California and how Berg Injury Lawyers can help you claim your rightfully earned money.

Why Is it Taking So Long To Get My Car Accident Check?

When filing a straightforward car accident claim in California, car insurance companies only have 85 days to settle your claim, 15 days to respond, 40 days to accept or deny the claim, and 30 days to pay out your claim. However, this process is often delayed, and the claim can last for several months or years.

Sometimes settlements are delayed by internal procedures, like signing paperwork. In more contentious cases, the delay may result from negotiations or deliberations between your attorney and the insurance company. For instance, the settlement may be delayed if your insurance company has trouble determining who is at fault for the car accident.

Settlements can also be delayed for your benefit. For example, if you or a loved one were severely injured in a car accident, it may be months or even years before you fully recover.

Rather than settle your claim early and risk the settlement not covering your medical bills, your personal injury attorney can delay the settlement until you fully recover and have a better idea of your medical costs.

The Car Accident Settlement Process

Negotiating a car accident settlement can be a long, drawn-out process. If you’re confused about how the settlement process works, a car accident lawyer in Sacramento can walk you through each step.

  • Agreeing on a Settlement

The defendant’s insurance company and your attorney must first negotiate a settlement. Depending on the facts of the case and how much you and your attorney want to settle for, this process can take several weeks or months. Your attorney will also confirm that you are okay with the settlement offer before officially settling the claim.

  • Funds Placed in Escrow

Once you settle with your insurance company, the funds don’t go directly to you. Instead, your attorney will place them in a trust and hold your settlement in escrow. This ensures that you can’t simply take money from any third party who might be owed part of your settlement.

  • Deduction of Relevant Fees

In the aftermath of a car accident, you may owe quite a bit of money to third parties. This can include medical liens to your healthcare providers, expert witness fees, private investigator fees, police report expenses, court filing fees, and your attorney’s contingency fee. If you owe child support, the government can also place a lien on your settlement.

Before you receive your settlement, you will likely be informed of how much any third party will take.

  • Release of the Remaining Earnings

After your attorney has taken all relevant fees from your settlement, the remaining funds will be given to you. At this point, the money belongs to you.

What to Do if You Don’t Receive Your Check

The process of receiving your settlement check can be lengthy, and there often isn’t a way to speed it up; you may simply have to be patient.

There may be several reasons why your settlement check is delayed, including the following:

  • You agreed to a structured settlement that disburses tax-free payments in smaller increments over time.
  • Your settlement is more than six figures which can take longer for the insurance company to process and the bank to verify the legitimacy of the check.
  • Your attorney is still negotiating outstanding liens.
  • Weekends and holidays can affect the timeframe because check processing is placed on hold when the banks are closed.

However, if you’ve been waiting on your settlement check for more than six weeks, it may be time to talk to your attorney to find out why it is delayed. Although there are some exceptions, most settlement checks in California are disbursed in about six weeks. 

If you’ve been involved in an auto accident and want to discuss how long it takes to receive a settlement, contact us today for a free case review. Berg Injury Lawyers has been helping car accident victims in California maximize their settlements since 1981.

Bicycle Safety: How to Not Get Hit by Cars

by Staff Blogger | November 14th, 2022

Commuting by bike is a great way to reduce vehicle emissions while staying in shape. However, it’s common for cyclists and drivers to have trouble sharing the road. In 2021, an estimated 7,639 bicyclists were injured or killed by traffic accidents in the state.

If you want to enjoy riding your bike more often, don’t let the fear of car accidents stop you. Learn about bike safety tips in California with Berg Injury Lawyers.

How Safe is it to Bicycle in California?

While California has made an effort to improve cyclist safety, there is a significant risk of accidents when riding on the road. In 2020, 3.4% of the state’s fatal crashes involved cyclists. The threat to cyclists is more significant in some counties: Los Angeles County saw around 15,000 bicycle crashes between 2017 and 2021, while Sacramento County saw 2,319 crashes.

Cyclists have far less protection than vehicle occupants, leaving them at greater risk of injury or death in a crash. A Sacramento personal injury lawyer can help you recover compensation if you’re injured in a bike accident.

Tips to Avoid Getting Hit by Cars

A collision between a cyclist and a car can leave you seriously injured at best and prove fatal at worst. Luckily, there are ways to reduce your risk of getting into a crash.

  • Wear a Helmet and Reflective Gear

In California, you’re legally required to attach reflectors to your bike. At a minimum, you must have white or yellow reflectors on the side and the front and back of your pedals, a headlight on the front of your bike, and a red reflector on the back. Some people also attach reflectors to their tires or a red light to the back of their bike.

While these requirements are meant for night biking, reflective gear catches and reflects light at any time of day, making you more visible on the road. You can also attach reflective gear to your clothing and helmet to further increase your visibility to drivers.

  • Stay Aware

Failing to pay attention to the road can increase your risk of being struck by a car. The California Vehicle Code outlaws riding your bike while wearing a headset, headphones, or anything limiting your ability to hear what’s happening around you. While there are no laws against cell phone use while biking, distracted biking is just as dangerous as distracted driving.

Similarly, avoid biking under the influence of alcohol or drugs. These substances make it difficult to remain aware of your surroundings and react quickly, and it’s outlawed in California.

  • Use Bike Lanes When Possible

Bike lanes are specifically designed to accommodate people on bicycles. Some bike lanes have posts installed between the bike lane and the street, providing extra protection against vehicle collisions. If the road contains a bike lane, use it.

If there is no designated bike lane, ride on the right-hand side of the road. Although California law does not expressly prohibit using your bike on the sidewalk, try to avoid it; if the sidewalk ends unexpectedly, you could be forced into the road.

  • Use Hand Signals

Just as cars use turn signals to alert other drivers that they’re turning or changing lanes, bicyclists are expected to use hand signals to let drivers or cyclists know if they’re turning or stopping. Before you turn or stop, you should:

  • Signal a left turn by holding your left arm straight out.
  • Signal a right turn by holding your left arm out with your elbow bent, so the tips of your fingers point toward the sky.
  • Signal a stop by holding your left arm out and bending your elbow, so the tips of your fingers point toward the ground.
  • Be Cautious Around Intersections

Approximately 26% of fatal car accidents involving cyclists in 2020 in the United States occurred at an intersection. Always look before you cross the street, as sometimes drivers overlook pedestrians or cyclists when making a turn.

  • Stay Out of Car Blind Spots

Cars are bulky, making it challenging for drivers to see someone next to them or behind them. Ensure the driver can see you from their window or side or rearview mirrors.

  • Avoid Biking at Night

Darkness reduces visibility for drivers and bikers alike, and cyclists are easier to overlook due to their smaller size. Ride your bike during the day to ensure you aren’t obscured by darkness. If biking at night is unavoidable, wear lighter-colored clothing and make sure you have reflectors and a working headlight.

What to Do if You’re Hit by a Car While Cycling

Even if you take all proper precautions, you can still fall victim to a car accident when biking. If you’re struck by a car while riding your bike, ensure you:

  • Seek immediate medical attention. Cyclists have less protection against the impact of a car and are more likely to suffer serious injuries.
    • Call the police to report the accident. The police must file an accident report for all vehicle collisions, including ones with cyclists.
    • Gather contact information for witnesses. While cyclists have right-of-way, California is an at-fault state, so the driver who hit you may claim that you violated the rules of the road in an attempt to declare you “at fault” instead. Witnesses to the crash can confirm you were not at fault.
    • Get in touch with your insurance company. Many car insurance policies provide coverage to pedestrians and cyclists who are struck by a car.
    • Consult with a lawyer. A skilled personal injury lawyer can file a claim against the driver and obtain damages for your injuries.

If you or a loved one have been seriously injured in a car accident, Berg Injury Lawyers is ready to review your case. Our law firm can help you earn the compensation you deserve. Schedule a free consultation today.

Can I Lose My House Due to an At-Fault Car Accident in California?

by Staff Blogger | October 31st, 2022

Your California auto insurance policy should cover injury claims filed by other drivers and passengers if you are at fault. However, your insurance may not fully cover injured victims’ medical and repair costs.

A judgment in a lawsuit could put your financial assets at risk, including your home, if an injured party sues you. Knowing your policy’s limits and protecting your economic well-being are essential to avoiding financial ruin from an auto accident lawsuit.

Speak with a car accident attorney from Berg Injury Lawyers when facing liability in an accident to help you protect your assets and minimize damages.

What Should You Do After a Car Accident?

After a car crash, the first thing to do is ensure that all drivers and passengers are safe. Once that’s done, the following steps are crucial to protecting you and your financial future in the immediate aftermath of the accident.

  • Call the police and ask for emergency assistance to treat any injuries at the accident site.
  • Stay calm and never admit fault to drivers, passengers, witnesses, or police.
  • Answer any questions the police officer may have about the accident, so they can investigate the scene and determine who is at fault.
  • Exchange contact information, insurance policy numbers, and license plate numbers with other involved parties.
  • Report your accident to your auto insurance company.
  • Reach out to an auto accident lawyer.

What Happens if I’m at Fault in a Car Accident in California?

In California, the at-fault driver is legally required to pay for the damages that they cause in a car accident. After an accident, an injured victim can file a claim against you, seeking compensation for medical bills, lost wages, property damage, and pain and suffering.

If your auto insurer determines you are at fault, it will pay a settlement to cover the victim’s injuries and property damage within your policy’s limits.

Does Insurance Cover Things That Are Your Fault?

California auto insurance policies require all drivers carry liability coverage for personal injuries and property damage. Your insurance company will pay the crash victim’s medical or vehicle repair expenses if the accident is your fault.

All auto insurance policies differ, but if you have the minimum amount required by state law, your insurance will pay the following amounts:

  • Up to $15,000 for death or injury to one person
  • Up to $30,000 for injury or death to more than one person
  • Up to $5,000 in property damage

These amounts are the minimum allowed by California, so you may get insurance with higher limits for more protection. Alternatively, if you drive without insurance illegally, you put yourself at financial risk if you cause an accident.

What to Do if Someone Sues You for a Car Accident in California

You could face a lawsuit if the other driver or passenger’s damages exceed your insurance policy limits. A car accident lawyer can create a legal defense strategy to ensure your assets are protected.

You must also inform your insurance company about the lawsuit so they can reasonably defend you and settle the lawsuit. This protects you from further liability in case of a potential judgment.

How to Protect Assets After a Car Accident in California

Safeguarding your assets is essential following an accident to avoid having to pay personally. Additionally, it can improve your ability to negotiate a fair settlement with the other party.

  • Identify any protected assets with a financial planner if the injured party wins a lawsuit. California’s homestead exemption can protect your home from collection up to a particular value. To qualify for this exemption, your home’s equity must be either $300,000 or equal to the countywide median sale price for a single home not exceeding $600,000.
  • Consider buying an umbrella policy in addition to your auto insurance liability coverage. For instance, a judgment could be $45,000, but your liability coverages are only $15,000 for bodily injury and $5,000 for property damage under California insurance law. The umbrella policy can pay for the remaining difference of $25,000.
  • Your insurance company may request a financial affidavit showing your assets, income, expenses, and debts. This process helps the injured party decide if they should negotiate a fair settlement or pursue a lawsuit in court for judgment.

What Happens if You Lose a Car Accident Lawsuit?

If you lose a car accident lawsuit, you may be forced to pay the injured victim’s settlements. The court may go after your personal assets, such as your savings accounts and personal property, if your liability coverage and financial resources are insufficient to satisfy the judgment.

Should I Get a Lawyer for a Car Accident That Was My Fault in California?

The car accident attorneys from Berg Injury Lawyers can protect your legal interests and financial assets if you are at fault for the accident. We can evaluate the facts of the accident to find out what happened in a free initial consultation. We can also advise you on dealing with your insurance company and any potential lawsuits from the accident.

Speak with one of our attorneys today to review your case and determine your options for protecting your assets. Schedule a consultation through our live chat app, by phone, or by online message.

Traumatic Brain Injury Associated with Auto Accidents in California

by Staff Blogger | October 24th, 2022

A traumatic brain injury (TBI) is a serious and potentially devastating consequence of a car accident. Data from the Centers for Disease Control and Prevention (CDC) found that car accidents caused 24.5% of all TBI-related hospitalizations and 4.9% of male TBI-related deaths in 2017.

A TBI’s physical, financial, and emotional impact can be severe and long-lasting. If you or a loved one has suffered a disability from a TBI, contact Berg Injury Lawyers to find out your options for restitution.

What Happens to Your Brain in a Car Accident?

In a car accident, your car absorbs the kinetic energy from the other vehicle’s impact. The force of the movement may throw your head back and forth, side to side, or cause you to hit your head on the car interior. These movements cause your brain to move, shake, twist, or suffer injury inside your skull.

Depending on the severity of the crash, you can experience mild to severe injury to your brain. The injury can include bruising, bleeding, or permanent damage or death to your brain’s nerves and tissues.

What is a TBI After a Car Accident?

A TBI that occurs during an accident may not show immediate signs or symptoms. According to the CDC, signs of a mild concussion may not surface until several hours or days after the collision.

It’s also possible to experience secondary injury, where the initial damage to your brain causes further damage to develop. For example, due to the TBI, you may suffer brain swelling or bleeding, hypoxia (low oxygen in the brain), meningitis, or ischemia (lack of blood flow).

Common Types of Brain Injuries from Car Accidents

Most brain injuries sustained in car accidents are closed brain injuries, meaning the skull remains intact. TBIs commonly incurred in car accidents include:

  • Concussions: a general term for mild brain injury
  • Contusions: bruising of the brain tissue
  • Lacerations: the brain tissue or cerebral blood vessels shear or rip
  • Diffuse axonal injury: the nerve fibers inside the brain tear or rip

What are Common Symptoms of Traumatic Brain Injury?

Since a TBI affects the brain, the condition shows many symptoms. According to the U.S. Food and Drug Administration, about 75% of all TBIs are mild. However, even a mild TBI can have life-long effects such as:

  • Headache and dizziness
  • Feeling lightheaded
  • Confusion
  • Tinnitus (ears ringing)
  • Vision impairments
  • Tiredness, fatigue
  • Moodiness or sudden changes in behavior
  • Impaired cognition (difficulty thinking, concentrating, or remembering events)
  • Loss of coordination

In more serious cases, someone with a TBI may:

  • Vomit
  • Experience seizures
  • Have unevenly dilated pupils
  • Have trouble speaking; slurring words
  • Feel weak or numb
  • Enter a coma

Regardless of symptoms or apparent severity, TBIs are considered a medical emergency and must be assessed by a doctor. Contrary to popular belief, you do not have to lose consciousness to experience a TBI. Many people experience mild TBIs without losing consciousness.

What Kind of Doctor Can Diagnose Accident-Related Brain Injuries?

There is no doctor dedicated solely to diagnosing TBIs. Instead, someone with a TBI will likely be assessed by a team of doctors, including:

  • A general physician to assess your overall state
  • A neurologist to screen for cognitive impairment
  • A radiologist to perform a CT or MRI scan

After a car accident, it’s vital to see the right medical professionals for an accurate diagnosis. Not only can it help you get the treatment you need, but your diagnosis can also help you receive appropriate compensation for your potentially life-altering injury.

Can the Brain Heal from Traumatic Brain Injury?

Recovering from a TBI is complex; if a TBI damages or destroys your brain tissue, the harm is permanent. However, depending on the severity of the TBI, you may undergo rehabilitation to regain some normal functions.

Some TBIs have minimal impact on your ability to function and may be overcome with medical intervention. According to Johns Hopkins Medicine, the brain can potentially reroute information from areas of the brain affected by a TBI to other locations. In younger people, other brain tissues may compensate for injured tissue.

Even when someone experiences a mild TBI, rehabilitation is a slow process. It can take months or years for someone with a TBI to return to how they used to be, during which they might be unable to work.

A California car accident attorney can help you gain restitution for lost wages and the cost of your medical bills so you can work on recovery after an accident.

How Do You Prove a TBI?

If you pursue financial compensation for your TBI, you will need proof of the injury at trial. While medical imagery can detect more serious TBIs and complications, such as brain bleeds, mild TBIs may not have a visible impact on the brain.

If your TBI doesn’t appear on imaging scans, you may need to rely on medical records and the testimony of your medical providers to prove your injury to the court.

An experienced personal injury lawyer like our attorneys at Berg Injury Lawyers can work with medical experts to help you document your TBI and prove its cause.

Contact us today for a free consultation about your TBI accident case. We can review your records and help you take the next legal step toward restitution from your injury collision.

What Happens if You Are At Fault in a Car Accident in California?

by Staff Blogger | October 17th, 2022

In a car accident, fault is applied to the person who caused the accident. They may have been driving recklessly, had a mechanical issue, or hydroplaned on a rainy day. Whatever caused the accident, the person at fault is responsible for reimbursing the other party’s expenses.

A car accident is a stressful and confusing event, even more so if you’re partially responsible. Discover what happens if you are at fault in a car accident in California and how the experienced team at Berg Injury Lawyers can help you reduce your liability.

How Does a No-Fault Accident Differ from an At-Fault Accident?

In a no-fault accident, neither party’s insurance is responsible for covering the costs of a car accident. Instead, both parties are reimbursed by their insurance companies, typically through Personal Injury Protection (PIP) insurance.

In an at-fault accident, the party deemed responsible for the collision is liable for covering the other party’s expenses, including medical bills and property damage. In an at-fault state, the negligent party’s insurance company agrees on a settlement with the injured party. Once paid, the claim is complete, and neither side can file another claim or lawsuit regarding the accident.

Who Pays for Car Damage in a No-Fault State?

Most PIP policies in no-fault states cover personal injury or liability costs, like medical bills, lost wages, or funeral expenses. However, PIP insurance does not pay for damage to property or vehicles. Instead, you must purchase separate car insurance, or uninsured or underinsured motorist insurance, to cover potential damages to your vehicle.

Is California an At-Fault State for Car Accidents?

California is an at-fault state, so the party responsible for the car accident is liable for the other driver’s damages. For instance, if you total someone’s car and are determined to be at fault, your insurance will reimburse that person for the cost of their car and any related bills they received.

California requires motorists to purchase minimum liability insurance to cover these costs. According to the CA DMV, you must carry a policy with the following coverages:

  • $15,000 for injury or death to one person
  • $30,000 for injury or death to more than one person
  • $5,000 for damage to property

What Determines Fault in a Car Accident in California?

California determines fault according to the circumstances of the accident. Depending on your case, fault may be determined by the insurance company, a judge, or a jury. The state uses pure comparative negligence, a doctrine that allows one party to win damages even if they both bear liability for an accident and recover compensation.

For example, if the insurance company finds you 70% at fault for an accident, you can win damages, but they will be reduced by 70%. If the other party files a claim against you, your percentage of fault determines how much your insurance pays for the settlement.

Working with a skilled car accident attorney from Berg Injury Lawyers can help you prove the other party’s fault in the collision and minimize your liability.

Do Police Reports Determine Fault for a Car Accident?

Police reports alone do not determine fault for a car accident but can influence an insurance company or jury’s decision. Most insurers require them and use the information in the report to come to a settlement offer.

When determining fault, insurance companies evaluate multiple pieces of evidence, including the police report. The report is often the first official record of the accident, and the officer may include who they believe is at fault. However, police reports can be incorrect or incomplete, so insurance companies may not rely on them if other evidence doesn’t match the report.

How Does Insurance Decide Who Is At Fault in a Car Accident in California?

In California, car insurance companies review multiple pieces of evidence to determine who is at fault for a crash. This evidence can include:

  • The police report
  • Testimony from both parties and eyewitnesses
  • Damage to the vehicles
  • Relevant traffic tickets
  • Photos of the crash scene
  • Medical reports
  • Other evidence of the scene, e.g. damage to nearby structures

The insurance companies then decide who is at fault based on their review of the evidence. For example, if you rear-ended someone and two bystanders reported that you were using your phone, the evidence would point to you being at fault.

How Does Car Insurance Work When You Are At Fault?

California law requires liability insurance for all drivers. If insurance determines you’re at fault for the accident, your insurance will pay the other driver’s damages. Liability insurance only covers the other party’s damages, so your insurance will only cover your car and injuries if you have a collision coverage policy or Medical Payments Insurance, sometimes called MedPay.

Can I Be Taken to Court for a Car Accident?

Someone who suffered a serious injury, lost a loved one, or was unable to work because of an accident you caused can take you to court for restitution.

If you receive a summons, you must inform your insurance and contact a car accident lawyer to represent you in court.

Speak with Berg Injury Lawyers Today

If you were in an auto accident where you are partially at fault, contact an experienced auto accident attorney from Berg Injury Lawyers. We can review your case to determine your level of responsibility and help you reduce liability.

If you’re being taken to court, an experienced attorney can provide you with a strong defense against the opposing party to mitigate your percentage of fault. Schedule a free initial consultation with Berg Injury Lawyers today to discuss your case and determine your legal options.

How Much Can Someone Sue for After a Car Accident in California?

by Staff Blogger | October 3rd, 2022

If you’re in a car accident resulting in injuries, you may incur medical bills and repair costs for your vehicle. You may also have to take time off work to recover, leading to lost wages and financial struggles.

If the at-fault driver causes you injuries or property damage in California, you may be able to sue for damages. The amount you receive depends on various factors, such as the cost of your medical treatment and the emotional distress the accident caused.

Hiring an experienced car accident lawyer from Berg Injury Lawyers can help you understand how much you can sue for after your accident and how to maximize compensation.

Types of Damages in a Car Accident Claim

California law allows injured parties to recover economic damages for out-of-pocket expenses and bills. These damages include:

  • Medical expenses
  • Lost wages
  • Job loss
  • Repair or replacement costs
  • Household help expenses

Non-economic damages may also be recoverable for personal hardships resulting from your injuries. A few of the damages include:

  • Pain and suffering
  • Mental and emotional distress
  • Inconvenience
  • Loss of consortium
  • Humiliation and injury to reputation

Average Car Accident Settlement Amount

The Insurance Information Institute reported that car liability claims for property damage averaged $3,841 in 2018. Liability claims for bodily injuries cost an average of $15,785.

Factors That Affect the Amount of Car Accident Settlements

Several factors determine the amount of your car accident compensation. They include:

  • The at-fault driver’s insurance coverage for injuries and property damage
  • The severity of your injuries and if they required extensive medical treatment
  • Psychological treatment for pain and suffering you received after the accident
  • Damage to your vehicle, such as a cracked windshield, personal property damaged inside the car
  • The length of time you were out of work and the amount of lost income suffered during your recovery

How Car Accident Settlements Are Calculated

The insurance company and your legal team calculate your car accident settlement. Both parties examine the following elements to come to a reasonable amount:

  • Expenses associated with car or property damage
  • Ongoing medical expenses, including medical bills, prescriptions, and physical therapy
  • Future medical bills based on your medical records and your doctor’s treatment plan
  • Pain and suffering calculated using your medical records and personal statements
  • Amount of lost wages and future loss wages based on your income tax returns and pay stubs before the accident

The insurance company is typically the first to calculate a settlement. They will offer you a starting amount you can accept or refuse. If the insurer tries to give you a low offer, your lawyer can help you negotiate for a higher settlement based on the circumstances of your accident.

How Long Does It Take to Get a Car Accident Settlement?

Negotiating a fair car accident settlement between your attorney and the other driver’s insurance company can take several months to over a year. A 2015 study from The National Center for State Courts found that settling a case took an average of 478 days. The time to settle your claim can vary based on your insurer’s investigation of your injury claim and calculation of your settlement.

Steps to Take to Prove You Are Not at Fault

The auto insurance company may try to reduce your settlement by saying you are partially or fully at fault for the accident. California follows pure comparative negligence to determine liability for each party involved in an accident. Your percentage of fault can reduce your damages. For instance, if you are 20% responsible for the collision, you may see a 20% reduction in the damages you receive.

The following steps are crucial in gathering evidence to reduce your liability for the accident:

  • Contact the police to report the accident so that they can record the circumstances and help determine liability
  • Document the accident scene, including vehicle damage, accident debris, traffic lights, and the weather
  • Exchange contact and insurance information with the other driver
  • Get the contact information for witnesses who can give details about the accident
  • Avoid talking about the case with anyone other than a lawyer, and avoid posting on social media
  • Hire an attorney to obtain witness testimony and additional evidence like dash cam videos and surveillance footage

Discuss Your Case with a California Personal Injury Attorney

If you have been injured in an accident, the car accident attorneys at Berg Injury Lawyers have over 40 years of experience and can help you get fair compensation. We can evaluate your case in a free initial consultation.

Contact us today to book a free case evaluation with one of our lawyers, and let us help you get started on your case.

Can You File a Personal Injury Claim if You Weren’t Wearing a Seatbelt in a Crash?

by Staff Blogger | September 26th, 2022

Using a seatbelt helps you stay secure in your vehicle and reduces injuries. Seatbelts saved an estimated 14,995 lives in 2017, and an additional 2,549 lives could have been saved if seatbelts had been used. In California, seatbelts are not only legally required but not wearing them can incur a fine of $162 for adults.

You can still file a personal injury claim if you were not wearing your seatbelt during a crash and suffered injuries. However, the insurance company may attempt to reduce or deny your compensation because you failed to wear a seatbelt.

An experienced San Francisco car accident lawyer from Berg Injury Lawyers can advise you of your legal rights to compensation and develop a legal strategy for your defense.

What is California’s Seatbelt Law?

California’s seatbelt law states that no driver can operate a vehicle on a highway unless everyone over 16 wears seatbelts. A highway can be any place maintained by the government that is open to the public for vehicular use. This definition includes streets, meaning all drivers and passengers must wear their seatbelts while using their vehicles.

The seatbelt law requires that the seatbelt must go around the waist. If the vehicle has shoulder straps, they should be over the shoulders. It also requires vehicle owners to keep seatbelts in good working condition, including straps, webbing, buckle, latch plate, pillar loop, and retractor.

What Is the Impact of Not Wearing a Seatbelt on Your Liability?

The insurance company’s claims adjuster will investigate the details of the accident and the severity of your injuries, so they can decide whether to offer a settlement. Unfortunately, failing to wear a seatbelt may prevent you from attaining the full compensation you deserve.

You can work with a car accident attorney who can evaluate your case and offer legal options, including taking it to court. Having a skilled lawyer on your side is essential because the insurance company may use a legal theory known as the seatbelt defense to reduce the damages in your settlement.

What is the Seatbelt Defense?

The seatbelt defense, also known as the “affirmative defense” under California court instructions, is based on the presumption that you should have been wearing your seatbelt at the time of the crash. As a result, although you were not responsible for the accident, your failure to wear a seatbelt contributed to your injuries. Just like other drivers have a legal responsibility not to harm others around them, you also have a responsibility to not put yourself in harm’s way.

A jury will assess your negligence in causing your injuries by determining:

  • The availability of a working seatbelt.
  • If a reasonable person could have used the seatbelt in your situation.
  • Your failure to wear a seatbelt.
  • If your injuries could have been less severe if you had worn your seatbelt.

Protect Your Legal Right to Financial Compensation

If the insurance company is successful in their defense, the jury can determine how much you can get in damages. The state of California relies on pure comparative fault, meaning that each party is liable for their percentage of fault in the accident, which is subtracted from their potential compensation. For instance, if you were deemed 10% at fault for your injuries, you may only recover $90,000 of $100,000.

An experienced lawyer can challenge the seatbelt defense from the insurance company. They can prove that not wearing a seatbelt wouldn’t have reduced the severity of your injuries. Your lawyer can also determine whether you would have suffered any different injuries if you had worn your seatbelt, such as bruising, abrasions, intra-abdominal injuries, and vertebral fractures.

The police report and the medical diagnoses for your injuries can show the severity of your injuries and your need for compensation. Testimonies from medical and safety experts can also help your lawyer distinguish between the injuries you sustained in the crash and the injuries you might have avoided if you had worn a seatbelt. If so, this could be used to reduce your fault in the accident against another party who was responsible for causing the crash.

Rely on the Car Accident Attorneys at Berg Injury Lawyers

Although you may not have worn a seatbelt during a crash, you still have a legal right to compensation for your injuries in California. Trust Berg Injury Lawyers to advocate for your interests throughout the legal process of filing a claim. Contact our law office today for a free consultation of your case and let us help you with your personal injury claim.

Can Over-the-Counter Meds Cause Impaired Driving?

by Staff Blogger | September 19th, 2022

Driving while using over-the-counter (OTC) medications is a common occurrence. The AAA Foundation for Traffic Safety recorded that 13% of daytime drivers tested positive for prescription or OTC medication in 2018. Drivers often mistakenly consider the effects of OTC medication harmless when it comes to driving ability. However, a 2020 study showed that those who used OTC sleep medications were 41.9% more likely to get into a car accident. 

If you or a loved one has been involved in a car accident that you suspect was caused by another driver’s OTC medication use, it is crucial to understand how OTC medication impairs driving and seek help from a qualified attorney at Berg Injury Lawyers today.

How Over-the-Counter Meds Can Impair Driving

After taking an OTC medication, some people experience side effects, which are mild to moderate adverse reactions caused by the medication. Some side effects are uncomfortable, but others are not always obvious.

According to the U.S. Food and Drug Administration, common medication side effects include:

  • Drowsiness
  • Dizziness
  • Nausea
  • Blurry vision
  • Clumsiness, impaired coordination
  • Slowed reaction times
  • Trouble concentrating
  • Restlessness

Even mild side effects of OTC medication use can have dangerous or devastating consequences when behind the wheel. In 2015, 90,000 of all reported car accidents in the U.S. involved a tired or drowsy driver. 33,000 of those crashes caused serious injuries.

What Over-the-Counter Meds Cause Impairment?

Many OTC medications can cause side effects that impair driving, posing a risk on the road. Common OTC medications that can cause difficulty driving include:

  • Antihistamines (e.g., Benadryl, Allegra)
  • Cold or cough medication
  • Sleep aids (e.g., Melatonin, Valerian)
  • Antidiarrheal medications
  • Anti-nausea or motion sickness medications (e.g., Dramamine)
  • Caffeine pills
  • Diet pills
  • CBD products

A medication’s most common side effects are typically listed on the packaging or a leaflet inside the box. Every medication has different side effects; some side effects last longer than others or become more severe if the drug is taken alongside other medications or alcohol.

If an OTC medication can have hazardous side effects, it will contain a warning on the label, leaflet, and packaging. The label may say to avoid operating heavy machinery, which includes driving a car: cars are considered a form of heavy machinery, and driving could put you and others at risk.

Can I Be Sued for Driving on Over-the-Counter Drugs?

You can be sued for driving while under the influence of OTC drugs. Every U.S. state, including California, includes OTC medication in their DUI laws. If you experience side effects from OTC medication and get into a collision. As a result, you are still considered at fault, and the injured party can file suit against you for injury or damages.

When to Avoid Driving After Taking Over-the-Counter Drugs

It isn’t always possible to judge your driving ability under the influence of OTC drugs. You may not recognize your level of impairment, putting you at greater risk of a car accident. Instead, watch for early signals that you or a loved one may not be in a position to drive.

Some signs that you shouldn’t drive include:

  • Yawning excessively
  • Trouble staying awake; “dozing off” periodically
  • Reacting slowly
  • Forgetting things easily
  • Difficulty concentrating on things around you
  • Losing focus or “zoning out” often
  • Poor coordination

If you show these symptoms, finding an alternative to driving is the safest choice. Ask somebody else to drive you, rideshare with Uber or Lyft, order delivery instead of going out, or wait to drive until the medication has worn off. Driving under the influence of OTC drugs can lead to a car accident and a costly lawsuit.

Contact a Car Accident Attorney for a Free Consultation

If you’ve been in a car accident and aren’t sure what the next steps are, you’re not alone. When over-the-counter or prescription drugs may have been at fault, it’s important to seek help from a qualified legal defense team.

Our California car crash lawyers team can provide legal counsel, closely review your case and help you get the defense or payout you deserve. Contact us today to set up a private free consultation.