The Risk Drivers Face as They Age

by Staff Blogger | September 12th, 2022

Older adults face more risks on the road than younger drivers. The National Highway Traffic Safety Administration (NHTSA) reports that 13% of deadly car crashes in 2020 involved drivers aged 65 or older. According to the Centers for Disease Control and Prevention (CDC), these crashes place all involved parties at risk but are far more fatal for drivers over 70.

Many variables place older drivers at risk of an accident, including reduced mental and physical abilities. Read on to learn the risks older drivers face on the road and how Berg Injury Lawyers can help if your loved one suffers injuries in an auto accident.

How Age Affects Driving Ability

Everyone’s physical and mental abilities decrease with age, impacting their driving skills in various ways. Age-related driving issues include:

Decreased Physical Ability

Older adults often experience joint and muscle stiffness, arthritis, or other mobility conditions that make moving difficult or painful. These impairments can make it hard to turn the steering wheel or hit the brakes in time, potentially leading to a collision.

Many older adults also have vision problems. Vision issues can cause trouble seeing at night, eye pain when exposed to bright light (such as oncoming headlights or sun glare off the windshield), and difficulty reading road signs. If elderly drivers overlook stop signs or other vehicles, they can cause serious harm to themselves and others in a car accident.

Reduced Cognitive Ability

Mental and cognitive functions decline in older adults, making certain aspects of driving difficult or dangerous. Dementia is a term for the general cognitive decline of aging persons and can contribute to worsening driving in elderly adults.

For instance, an older driver with dementia may fail to fully take in their surroundings and collide with another car while attempting to change lanes. They may also become lost and distressed on streets that used to be familiar to them.

Medical Conditions and Medication

Various medical conditions and medications can impair driving ability. If an aging driver has a medical condition like sleep apnea, diabetes, or Alzheimer’s, they are more likely to cause a collision due to impaired functioning.

Likewise, taking medication that causes difficulty moving, seeing, or reacting can increase a driver’s chances of causing or being involved in an accident. Any medication that cautions not to “operate heavy machinery” after taking, means your loved one should not be driving while the medication is in effect. 

Recognizing Signs a Loved One Should No Longer Drive

Some older adults cannot safely operate a vehicle. According to the National Institute of Aging, older adults should be monitored or kept off the road if you notice:

• They receive more tickets, dents in the car, or get into more car accidents.
• They frequently become lost, even in familiar areas.
• They show reluctance or anxiety around driving.
• They have dementia, profound loss of sight, or another condition or disability that makes driving dangerous.

Protecting Aging Loved Ones Behind the Wheel

The Insurance Institute for Highway Safety reported that between 1997 and 2020, the fatality rate for drivers over 70 had declined by 22%. This may be attributed to increased awareness of the danger of letting elderly drivers with physical or cognitive impairments drive. It’s important to continue protecting aging loved ones who continue driving after age 65.

Car Adaptations and Habit Adjustments

For older adults with physical disabilities who can otherwise drive safely, consider adapting their car for their condition. For instance, if they have pain in their legs or feet, they can install devices allowing them to control the pedals by hand.

Other aging drivers can change their driving habits. For example, a driver with vision problems may opt to drive only during the day, limiting exposure to disorienting headlights that make an accident more likely.

Talking to Your Loved One About Not Driving

If you believe your loved one shouldn’t drive any longer, discussing their driving safety is crucial. Although there’s no one right way to approach the topic with your loved one, consider the following tips for the conversation:

• Show empathy. It’s difficult for older adults to give up driving because they may feel like they are losing independence. Show them you understand their feelings and offer potential solutions that support their independence in other ways.
• Use “I” language. Avoid using “you” language, as it can cause feelings of shame for an elderly driver. Instead, use “I” phrases such as, “I’m worried that it might not be safe for you to drive at night,” rather than, “You’re driving recklessly at night.”
• Find solutions. Many older adults are reliant on driving for their daily and social needs. Work with them so they can still meet these needs, like finding carpools or transit services.

Contact an Experienced Car Accident Lawyer

Car accidents involving an elderly driver are immensely stressful. Our California car crash lawyers understand the complexity of car accident lawsuits and can provide the legal advice and protection you need for your elderly loved one.

Get in touch with Berg Injury Lawyers for a free initial consultation regarding your elderly loved one’s accident to learn how to proceed with their case.

Signs Someone Suffered a Brain Injury in a Crash

by Staff Blogger | September 7th, 2022

Car crashes can result in closed-head injuries—injuries to the brain but not the skull—making them hard to diagnose. However, without visible evidence of damage, victims themselves can make the mistake of trying to move on with their lives without seeking a thorough medical check.

Being able to recognize brain-injury symptoms can help you learn when to seek medical help after an accident, and secure the necessary compensation to avoid financial strain while you rehabilitate.

What Is a Traumatic Brain Injury?

Traumatic brain injury (TBI) is a form of brain damage that occurs when the head is suddenly and violently hit. The severity of a TBI depends on several factors, including the force of the impact, the injury’s location, and the victim’s age and overall health.

Although brain injury is often associated with blows to the head during sports or car accidents, it can also occur due to falls, gunshots, or other trauma. Treatment for TBIs usually depends on the severity of the injury and may include measures like extended rest, pain medications, or surgery.

In severe cases, patients may require long-term rehabilitation to regain their ability to speak, walk, and eat.

What Are the Signs of a Brain Injury After a Car Crash?

Unless the brain is severely damaged in a car crash, it can often be challenging to diagnose a brain injury. This is because some symptoms may be attributed to other conditions, such as psychiatric disorders, while other brain injury effects only show up days or weeks after the initial injury. 

The gradual onset of symptoms makes it challenging for medical professionals to diagnose the injury properly. This can create obstacles when trying to recover compensation from insurance companies or the people at fault.

Immediate Symptoms

The most common and immediate signs of a brain injury include:

• Headache
• Loss of consciousness
• Dilated pupils
• Confusion
• Dizziness
• Blurred vision
• Fatigue
• Clear discharge (cerebrospinal fluid) from the ears and nose

However, more serious brain injuries can also result in convulsions, seizures, paralysis, and even coma.

Long-Term Symptoms

More severe brain injury symptoms can develop over time, making them difficult to tie to the initial accident. These symptoms can affect the victim’s ability to perform basic tasks, both at work and at home. Long-term symptoms include:

• Memory issues
• Difficulty concentrating
• Insomnia
• Mood swings
• Problems with coordination and balance

In some cases, a brain injury can lead to frequent seizures, hearing loss, and vision problems. The exact nature and severity of symptoms vary depending on the extent of the injury. However, even mild brain injury can cause lasting problems.

Why You Need a Doctor and an Attorney To Prove Your Case

Many people think that if they have a brain injury resulting from a car crash, they can automatically receive compensation. Unfortunately, this is not the case. Establishing a connection between the collision you were in and the injury you suffered is critical to receiving monetary compensation.

This can be difficult to do without the help of a doctor and an attorney. A doctor can document the extent of your injuries, how they occurred, and their impact on your ability to function.

One of the most challenging aspects of diagnosing a brain injury is that no single test or set of symptoms can definitively confirm the presence of a brain injury. Instead, diagnosis typically relies on a combination of medical imaging, cognitive testing, and patient self-reporting. This can make it difficult to obtain an accurate picture of the extent of an injury, particularly in the early stages. Determining the extent of the injury is important for calculating how much compensation will be needed.

Additionally, brain injuries can often lead to subtle changes in cognitive or emotional functioning that may not be immediately apparent to the individual or those around them. As a result, a victim’s diminished ability to perform at their job or their increasing symptom intensity may not be immediately attributable to the car crash.

Getting the help of a competent neurologist and an experienced personal injury attorney can vastly increase your chances of proving the connection between an accident and your injury.

Tests for Diagnosing a TBI

A computed tomography (CT) scan is one of the most common tests for diagnosing brain injuries. This test uses X-rays to create detailed images of the brain. CT scans can help doctors identify bleeding, fractures, bruising, fluid build-up, and other damage to the brain.

Another common test for identifying brain injuries is an MRI. This test uses magnetic fields and radio waves to create detailed brain and brain stem images.

Doctors may also use a PET scan. This test uses a special dye and a low-dose radioactive tracer to create images of the brain. PET scans can help doctors identify areas of the brain that are not functioning properly.

In addition to these tests, doctors may perform neurological exams, including memory, vision, balance, and coordination tests.

Seek Assistance From a Knowledgeable Attorney

Having a skilled attorney by your side is essential when filing a brain-injury claim. The California brain injury lawyers at Berg Injury Lawyers can help you collect medical and police reports, witness statements, and other necessary documentation to help build an indisputable claim regarding your brain injury.

If you or a family member is a crash victim experiencing signs of a brain injury, get in touch with our legal team to get the full legal and medical support you need.

Contact our experienced personal injury attorneys today for a no-obligation, free initial consultation regarding your brain injury.

Can You File a Lawsuit Against an Undocumented Driver?

by Staff | August 15th, 2022

If you have been in an accident with a driver who doesn’t have proper documentation, you may wonder about your next legal steps. Filing a lawsuit against an undocumented driver is an available legal option when you’ve suffered injuries and vehicle damage. However, you may also file a claim with your insurance company to recover compensation.

Work with a California car accident attorney when you decide how to proceed after getting into an accident with an undocumented driver. They can investigate the accident and the undocumented driver to help you determine your legal options.

Determining if an Injury Claim Against an Undocumented Driver is Required

In California, undocumented people are allowed to have driver’s licenses, and therefore should have auto insurance coverage. If you suffered injuries in a collision with an undocumented person, your attorney can investigate to see if the undocumented driver has the required auto insurance coverage. This can help you decide on your next legal steps.

If the undocumented driver carries the appropriate auto insurance, you can file a claim with their insurance company seeking a settlement. Otherwise, if the undocumented driver responsible for the accident has no way of paying for damages, you can turn to your insurance company for financial compensation.

Filing an Uninsured Motorist Claim

California law requires insurance companies to offer uninsured motorist coverage as part of the auto insurance policy. You can only submit a claim for the uninsured motorist coverage if you opted under your insurance policy. This type of insurance protects you against accidents caused by drivers who lack proper insurance coverage. It covers bodily injuries up to the limits of your liability insurance.

Uninsured motorist insurance includes coverage for property damage, up to $3,500 when the other driver has been identified. Property damage coverage may not be available under your uninsured motorist policy if you have separate comprehensive and collision coverage.

Your lawyer can present relevant evidence, such as photos or videos showing physical contact between you and the other vehicle, to help you file an uninsured motorist claim. It is your responsibility to provide such evidence, and an experienced lawyer from Berg Injury Lawyers can help you do this while protecting your rights to pursue compensation.

Filing a Claim for Physical Damage

Most California lenders require comprehensive and collision coverage when you lease or finance a car. Often, comprehensive coverage is bundled with collision coverage. Collision insurance covers damage caused by accidents involving other vehicles, people, or objects.

The compensation offered by the collision and comprehensive coverage are based on your policy’s limits and your car’s market value. It may not be a good idea to choose this coverage if the value of your car is low.

When to File a Lawsuit for Damages Against an Undocumented Driver

If the undocumented driver has enough assets to cover your accident’s damages, you can file a lawsuit against them. As part of the initial investigation into your accident, a lawyer can search the driver’s assets to determine if they are in reasonable financial standing. With this information, your lawyer can determine the chances of you receiving compensation by filing your lawsuit.

Your lawyer may conduct an asset search for unreported assets, business entities hiding assets, and other sources of income. They can also determine if any personal property exists, such as real estate, under the driver’s name.

Along with evidence of your medical bills, loss of wages, and medical records regarding the loss of future earning capacity, your lawyer can put together a lawsuit for compensation against the undocumented driver.

Wrongful Death Lawsuit

You can also sue when a loved one dies in an accident caused by an undocumented driver. You and your lawyer need to prove that the negligent party committed a driving error, like going over the speed limit and that this lack of care caused your loved one’s passing.

A loved one’s death must have caused your family economic or non-economic losses, like lost wages and the loss of companionship. If you have suffered a loss, your lawyer knows how to calculate your damages and will fight for maximum compensation for you and your family on behalf of your deceased loved one.

Enlist the Help of a Car Accident Attorney Today

Legal issues relating to accidents involving undocumented immigrants are complex. When a car accident involves an undocumented driver, it is best to seek ‌the assistance of California car accident lawyers from Berg Injury Lawyers to help you assess your legal options and file a claim with the appropriate entity.

Contact us today to talk with one of our lawyers in a free case evaluation so we can review the circumstances of your accident and help you seek compensation.

Should the BAC (Blood Alcohol Content) Limit Be Lowered? Here’s the Argument for Stricter Laws

by Staff | August 8th, 2022

Even mild alcohol consumption by motorists can potentially prove fatal for drivers and passengers on the road. Stricter laws can save thousands of lives and prevent debilitating injuries to innocent commuters.

At the law firm of Berg Injury Lawyers, a team of knowledgeable attorneys with a proven track record in DUI lawsuits can fight for maximum compensation on your behalf.

What Are the Effects of Alcohol on a Driver?

Alcohol consumption can have a variety of effects on a driver. These include:

• Impaired judgment
• Slowed reaction times
• Blurred vision
• Drowsiness
• Impaired coordination

These effects can make it difficult for a driver to operate a vehicle safely. Alcohol is one of the leading causes of car accidents. According to the National Highway Traffic Safety Administration (NHTSA), drunk driving accidents account for 30% of all traffic fatalities in the United States.

If you plan to drink, it is essential to designate a sober driver. Ride-sharing services and other public modes of transportation can also provide viable options for those intending to consume alcohol. Otherwise, drunk drivers place themselves and others at risk of severe injury or death.

The Argument Against Stricter BAC Limits

In recent years, there has been a push for lower legal blood alcohol content (BAC) limits. At the same time, there is also an argument by some against stricter BAC laws. Proponents of keeping current BAC limits note that alcohol impairment begins well before the legal limit of 0.08%. The implication is that even if the BAC limit is lowered, many drivers on the road will still be impaired.

In addition, there is a concern that stricter BAC limits could lead to more false positives, as even a small amount of alcohol can put some people over the limit. This could lead to innocent people being pulled over and arrested for DUI, even if they are not impaired.

Drunk Driving Statistics

Despite the argument for maintaining BAC levels at their current percentages, the drunk driving statistics paint a grim picture.

The 11,654 drunk driving fatalities reported in the United States for 2020 correspond to an average of one person dying every 45 minutes from this preventable cause. A 14% increase in the 2019 drunk driving fatalities presents a worrying trend that regulators and concerned citizens believe requires attention.

While the total number of injuries from alcohol-related car accidents is harder to put a number on, the $52 billion in damages and injuries that result annually indicates the scope of the problem. From traumatic brain injury and burns to amputations and paralysis, the severity of injuries from drunk driving accidents cannot be overlooked.

What the Research Shows

The NHTSA estimates that lowering the blood alcohol content (BAC) limit from .08 to .05 would save approximately 500 lives per year in the United States. The estimate is partly based on Utah’s implementation of a .05 BAC limit and its resulting reduction in DUI-related fatalities.

Proponents of stricter DUI laws argue that this is a necessary measure to make our roads safer. They point to statistics showing that drivers with a BAC of .05 are seven times more likely to be involved in a crash than sober drivers.

Additionally, lowering the BAC limit would make it easier for police to catch drunk drivers and deter people from driving after drinking.

What Happens After a Drunk Driving Accident?

After seeking medical attention and contacting law enforcement authorities, the first thing you should do post-collision is contact a personal injury lawyer. A knowledgeable car crash lawyer will be able to assess your case and advise you on the best course of action.

You may need to file a personal injury claim against the drunk driver. This can be done through their insurance company or directly through the courts.

If pursuing compensation for your injuries requires litigation, your attorney can gather all relevant medical records and evidence to prove your claim. Cell phone records can be requested via subpoena in the discovery phase of a personal injury lawsuit if they are deemed relevant to the case.

Even when telecom providers don’t keep the contents of text messages, data about the timing of texts or calls can help provide insights into the cause of a crash.

It’s important to remember that drunk driving accidents are serious, and you should seek legal counsel as soon as possible to ensure that you are fully compensated for your injuries.

Drunk driving accident victims in California can contact the skilled Sacramento car accident lawyers at Berg Injury. Call our experienced personal injury attorneys for a free consultation to discuss your case today.

The Most Common Reasons Insurance Companies Deny Injury Claims

by Staff | August 3rd, 2022

injuries can cost you thousands in medical bills and lost wages, with little to no respite offered by insurance companies that you might file a personal injury claim with.

These profit-driven insurance companies stay in business by denying or reducing settlements. They cite various reasons to justify their decision and hope you don’t question their reasoning.

Met with physical pain, hefty medical bills, and denied insurance claims, it is natural to feel helpless and frustrated, but you shouldn’t have to deal with it all on your own. The experienced San Francisco car accident lawyers at Berg Injury Lawyers specialize in injury claims and can help you fight for the compensation you truly deserve. 

A crucial part of building a strong case is understanding why your insurance company might deny your injury claim ahead of time.

The Accident and Injuries Are Your Fault

Since California is an at-fault state, insurance companies decide who is to blame for the accident. They do so by considering police reports, witness statements, photos, and videos of the accident scene. The insurance company of the individual at fault then compensates the victim with a monetary settlement.

The insurance company can deny your auto accident claim if evidence shows you violated a traffic rule, such as speeding or drunk driving, and causing the accident. If you are liable for the accident, it may affect the amount of compensation you receive.

California’s pure comparative negligence means your settlement is reduced by the percentage of fault you hold. So, for example, if the insurance company can prove you are 60% at fault for the accident, you will only receive 40% of your settlement.

You Aren’t Really Injured

Insurance companies can deny claims for injuries by claiming that no injuries were caused during the accident. They might use evidence from your social media accounts and personal life to prove that you did not suffer injuries or that they are less severe than you claim.

If you post a photo on social media of yourself enjoying a party after claiming compensation for your injuries, the insurance company may use the image against you to deny your claim. Your social media accounts can also track your location, proving you were active after the accident to the insurance company.

A Pre-Existing Condition Caused Your Injury

Insurance companies can also deny injury claims because of pre-existing health conditions. They might argue that your injury is not caused by the car accident but is instead a result of a health problem, that you were already struggling with prior to the accident.

For example, your insurance company may attribute the crippling pain in your knee joint to arthritis instead of the trauma caused by the accident.

Your Injury Was Not Caused By the Car Accident

Insurance companies sometimes also deny claims by simply stating that the car accident did not cause your injury. If you suffer an injury such as a torn rotator cuff, they might argue that repetitive motions and heavy lifting from your job caused the injury. If the car insurance company does not have evidence connecting your injury to the car accident, you will not receive compensation for the injury.

Your Injury Was Avoidable

Insurance companies often cite failure to mitigate or avoid the injury as reason enough to deny you your rightful insurance claim. They may argue that you could have reasonably avoided the accident or prevented the injury by taking some necessary steps, making you responsible for the injury and hence ineligible for any compensation.

The same argument can ‌reduce, if not completely deny, your settlement. If the insurance company thinks you are equally responsible for the injury, your settlement could be negatively affected.

Injury Claim Denied: Now What?

Even though a claim denial can be prevented by building a strong case, a denied injury claim is common and does not mark the end of your settlement journey. You can work with your legal team to persist in pursuing your claim with more aggressive tactics.

Your attorney from Berg Injury Lawyers can negotiate with the insurance company, providing proof of your injuries and how their client was at fault for the accident. If the insurance company won’t make a fair settlement offer, your lawyer can threaten legal action and take the case to court.

Many insurance companies end up paying out a fair settlement to avoid costly litigation, so working with a lawyer who understands this element can help you get maximum compensation.

Schedule Your Free Case Review

If you suffer injuries in a car accident in California and face a denied claim, contact Berg Injury lawyers to help you reverse the decision and get a fair settlement. We will fight on your behalf and ensure you know your legal options.

Book a free consultation with our skilled car accident lawyers for a free case review to get started on your settlement.

Who Is Considered Liable for an E-Scooter Accident?

by Staff | July 18th, 2022

Electric scooters or e-scooters offer an environmentally friendly option for traveling in congested urban areas. With a 48% increase in electric scooter traffic in one year in San Francisco, people should know what to expect if they get in an accident while on their electric scooter.

Determining liability in an e-scooter accident can be complicated because there may be several at-fault parties. If a scooter collision caused your injuries, having a knowledgeable personal injury lawyer on your side can improve the outcome of your case.

The car accident attorneys at Berg Injury Lawyers can evaluate your case during a free case review and advise you of your next steps.  

How Common Are E-Scooter Accident Injuries?

San Francisco saw a 58% increase in scooter collisions from 2020 to 2021. E-scooters represent 6% of crashes in the city. Most crashes occur when a vehicle hits the scooter broadside at an intersection. Doctors see most injuries to the head and face because most riders don’t use protective gear.

Crashes with motor vehicles can cause catastrophic injuries, including traumatic brain injury, spinal cord injury, damage to internal organs, and broken bones.

A University of California San Francisco study found a 365% increase in hospital admissions from scooter-related injuries between 2014 and 2018. Almost one-third of these patients experienced head trauma, more than double the rate for bicycle accidents, and researchers believe these figures under-report the true scope of the issue.

Determining Liability in an E-Scooter Accident

Several parties can potentially be liable for an e-scooter accident and the resulting injuries and damages. These include:

Motor vehicle drivers

Drivers can cause motor vehicle accidents by using smartphone devices, talking with passengers, or adjusting the radio or climate control. Fatigued drivers might struggle to stay awake, limiting their ability to concentrate on the road and decreasing their reaction times.

In traffic, aggressive drivers often overlook smaller vehicles like e-scooters. Drugs and alcohol impair a driver’s vision, decision-making skills, and reaction time, increasing the risk of a car accident.

E-scooter manufacturer or rental company

The scooter manufacturer might be held responsible for the accident if one of their scooter parts or software caused it.  If the rental company knew about these defects and failed to correct them, they can be held liable for injuries caused by the defects.

If injuries are caused by faulty equipment and loose handlebars, the e-scooter rental company can be held liable. If there was a mechanical failure with the scooter, the manufacturer may be liable in a product liability case due to defective equipment.

Commercial property owner

It is the responsibility of the commercial property owner to maintain their properties and keep them safe. If an accident occurs because of debris and hazards, the property owner may be held liable for the injuries.

What to Do if Injured in an E-Scooter Accident

If you have been injured while you were on your e-scooter, ‌follow these steps to protect your rights to compensation. 

1.     Get medical attention

If you and the other driver suffered injuries, call 911 to ask for emergency services. Immediate medical attention is not only for your well-being, but you will need your medical records to connect your injuries to the accident and the liable party.

2.     Report the accident to the police

Tell the responding police officer the details of the e-scooter accident, including how and when it started. Do not speculate about who is liable for the accident or give incriminating statements. The officer can write a police report for you to use as evidence for your insurance claim.

3.     Gather evidence

If possible, take photos and videos of any damage caused by the accident. Find out the other driver’s insurance information and their vehicle’s license plate number. Gather contact information from any witnesses who were present at the scene.

4.     Contact a personal injury lawyer

Getting the help of experienced California car accident lawyers from Berg Injury Lawyers will ensure you have the best chance of winning your case. Your lawyer can investigate the crash, review your medical records, and interview witnesses to determine liability. They can then calculate a fair settlement and negotiate with the insurance company.

Get Compensated for Your Injuries

If you suffer injuries in an accident while on your e-scooter, the car accident lawyers at Berg Injury Lawyers can help you get the financial compensation you deserve. Our legal team can work with you to achieve the best possible financial outcome with the insurance company. Contact us today to schedule your no-obligation, free case evaluation.

When Car Accidents Cause Miscarriages, What Legal Options Do Mothers Have?

by Staff | July 4th, 2022

States don’t include pregnancy status in their accident report databases, but researchers estimate 92,500 car accident-related injuries to pregnant people every year in the U.S. These accidents cause more miscarriages than any other source of trauma.

Research indicates that 1,500 to 3,000 fetal losses occur each year due to trauma from auto accidents. These estimates may not reflect the full scope of the problem due to the absence of reporting requirements and injuries sustained early in pregnancy.

Nothing is more heartbreaking and emotionally devastating than a miscarriage due to a preventable car crash. The terrible loss can result in emotional distress and mental anguish for the mother, which is usually the basis for a claim against the negligent party. Berg Injury Lawyers can help you file a personal injury claim against the at-fault party to recover restitution for your tragic loss.

How Car Accidents Cause Miscarriage

According to a 2014 study, pregnant women injured in car accidents require hospitalization more often than any other cause. Accidents can cause several injuries that lead to miscarriage, even if the mother seems okay.

• Placental abruption occurs when the placenta detaches partially or entirely from the uterus, hindering or severing blood flow to the fetus. This injury accounts for 60-70% of all miscarriages.

• Premature rupture of the membranes happens when the water breaks before the baby’s due date. This injury dramatically increases the risk of infection and can lead to miscarriage.

• Uterine rupture can cause hemorrhaging in the mother and fetus. It can lead to fetal loss if it occurs before the fetus can survive outside the uterus or if surgery doesn’t happen quickly enough.

• Direct trauma to the fetus can cause fatal brain or internal organ injuries.

• Maternal trauma can damage the mother and fetus’ shared systems, leading to miscarriage.

Every pregnant person should seek medical attention immediately after a motor vehicle accident because injuries to the placenta may not present symptoms right away. Many cases of miscarriage after an accident involve no observable harm to the mother.

If you’ve suffered a miscarriage caused by a car accident, trust the personal injury attorneys at Berg Injury Lawyers to help you get compensated for your loss.

Your Legal Options

If a reckless driver causes your accident, your lawyer may file a personal injury claim. California allows you to pursue compensatory damages for your injuries. You can seek non-economic damages for factors such as emotional distress, pain and suffering, or loss of enjoyment of life. You can also seek economic damages for calculable expenses like medical bills and lost wages.

If the other car driver acted with malice, fraud, or oppression, for example, the driver was drunk; you may file for punitive damages. The state does not cap compensatory or punitive damages, except in medical malpractice cases.

Unfortunately, California does not allow you to file a wrongful death claim for the loss of your unborn child. The only exception may be if the accident induced labor and your child was born alive but subsequently died due to injuries received during the collision.

Why You Should Hire an Experienced Lawyer

An experienced car crash attorney can help you pursue maximum compensation for your car accident injuries. They can investigate your accident to determine the other driver’s percentage of fault and calculate a fair settlement for your injuries and the emotional fallout of the accident.

Investigate your accident

Your lawyer can investigate your accident to prove the other driver bears liability for your loss. This process includes reading accident reports, studying photographs of the scene, recreating the accident, interviewing witnesses, and looking at your medical records.

Calculate a fair settlement

Personal injury attorneys have extensive experience with attaching monetary figures to non-financial losses. They can use state guidelines to determine a fair amount and consider records of emotional distress, such as a journal where you discuss the emotional impact of the event or therapy receipts.

Negotiate your claim

Lawyers understand the tactics insurance companies use to deny claims. When you don’t have a lawyer, the insurance company may try to get you to make a statement, ask to see your medical records, or suggest you undergo an independent medical evaluation.

The company might also use a variety of excuses, such as requesting additional documents to delay a settlement with the hope you will give up or get you to settle for less than you deserve. Your lawyer can keep your case moving forward and negotiate for the best outcome on your behalf.

Try your case

If the insurance company refuses to offer fair compensation, your lawyer can take the claim to court. Your legal team will prepare you to testify, cross-examine defense witnesses, and provide expert witnesses to substantiate your arguments.

Challenges to Your Claim

Cases in which a car accident causes a miscarriage present unique challenges. You need a skilled and knowledgeable attorney to help you win your case and hold the negligent driver responsible for their actions.

The defense may argue aggressively that their client did not cause your loss or that your loss doesn’t merit the damages you request. Some arguments that insurance companies or defense lawyers use include:

• You have other children, so the loss doesn’t matter as much
• You have a history of abortion or miscarriage
• You didn’t know about the pregnancy until the accident
• You don’t have a partner
• You might have miscarried anyway

Your lawyer must prove that your accident caused your miscarriage to win a settlement. This typically requires a statement from your doctor and an expert medical witness asserting that your injuries accident-related caused the miscarriage. The statement must also agree that the miscarriage would not have happened if not for the accident.

Berg Injury Lawyers Can Help with Your Case

Car accidents cause more miscarriages than any other source of trauma in the U.S. The Oakland car accident lawyers with Berg Injury Lawyers understand the challenges these cases present and how to navigate them. If you lost a child or children due to a miscarriage after a car accident, our legal team will fight aggressively to protect your rights, even in the face of pushback from insurance companies, because you deserve justice and compensation. Contact us to schedule your free case review.

How Well Do You Know California’s Vehicle Mirror Laws?

by Staff | June 27th, 2022

Mirrors are a critical element in any motor vehicle. They allow the driver to see at multiple angles behind them without turning their head from the road. Mirrors also enable drivers to pay proper attention to the car’s surroundings.

Without functional mirrors, driving any type of vehicle is hazardous. For this reason, it is critical to keep your mirrors in good shape and compliant with all local laws. Learn about car mirror safety, California’s vehicle mirror laws, and how compliance helps keep you and others safe on the road.

California Legislation on Vehicle Mirrors

Division 12, Chapter 4 of the California Vehicle Code (CVC) contains all relevant laws and regulations regarding mirror usage on motor vehicles in the state.

According to CVC 26709, all motor vehicles must feature two or more rearview mirrors. One of the two mirrors must be on the driver’s side. The second mirror can be located anywhere else, but it must provide the driver with a clear view of the vehicle’s rear. Both mirrors must allow the driver to see clearly for at least 200 feet.

All motorcycles must feature at least one rearview mirror.

Vehicles with obstructed rear views

A few exceptions to these general guidelines exist, primarily for buses, trolley coaches, and vehicles towing other vehicles. Exceptions also pertain to automobiles with an obstructed rear view without passengers, such as vehicles with no rear windshield.

These vehicles are still legally required to have at least two mirrors. They must feature at least one side-mounted rearview mirror on each side of the vehicle per CVC 26709(b).

Autonomous vehicles

California vehicle mirror legislation does not apply to autonomous vehicles if the human driver inside cannot physically operate the vehicle. The CVC 38750 defines an autonomous vehicle as any vehicle “equipped with autonomous technology” meeting the SAE Driving Automation Level 3, 4, or 5 specifications.

For example, a remote-controlled construction vehicle with no cockpit for human operators would be exempt from the mirror laws. In contrast, a regular passenger car with self-driving modes would not.

Is it Legal to Hang Objects from the Rearview Mirror?

California does not legally allow you to hang decorative items, air fresheners, pendants, face masks, and other objects onto the interior rearview mirror. The experienced California car accident lawyers at Berg Injury Lawyers recommend playing it safe and removing these items when driving in the Golden State.

The CVC 26708 (2) explicitly forbids obstructing the driver’s view through the side window or windshield. Although hanging objects from your rearview mirror may not necessarily obstruct your view of the rear, a law enforcement officer may consider it an obstruction of your clear view through the windshield, potentially resulting in a ticket.

What Are the Consequences of Violating California Mirror Laws?

Breaking the California Vehicle Code’s rearview mirror provisions is a minor infraction. The typical punishment is a small fine; however, different jurisdictions can add additional fees and penalties.

A mirror law fine is referred to as a non-parking infraction, which stipulates that you have 20 days to pay the fine, starting from the date of issuance of your penalty assessment mail. Failure to pay on time results in late fees, including a 50% upcharge of your original penalty. For example, if you received a $185 fine, not paying within 20 days increases the amount owed to $277.50.

If you were injured in an accident involving a vehicle with improperly placed or missing mirrors, contact the attorneys at Berg Injury Lawyers to handle your case. We can examine the circumstances of your accident to determine if the mirror infraction caused the accident and help you seek compensation for any injuries or damages you suffered due to the driver’s negligence.

Get Legal Help for Your Car Accident Injuries

If you are injured in an auto accident, we will use our more than 40 years of legal experience to help you pursue maximum compensation for your injuries. Don’t take on the insurance company alone, contact Berg Injury Lawyers today for a free, confidential consultation.

Who Is Considered at Fault for Backover Accidents?

by Staff | June 20th, 2022

Parking lot and driveway accidents often involve cars backing over pedestrians or cyclists. These accidents can cause devastating injuries and require costly medical procedures and lengthy recovery times for victims.

Learn who is considered at fault for backover accidents and how Berg Injury Lawyers can help you seek fair compensation for injuries you sustained in a backover incident.

Understanding Backover Accidents

Walking and biking on city streets and parking lots puts you at risk of being hit by a car backing out of a driveway or parking spot. All cars, trucks, and SUVs have blind spots that drivers sometimes forget to check, and larger vehicles have even bigger blind spots.

Not all vehicles have backup cameras or sensors to warn the driver of someone behind their vehicle, and sometimes these safety devices malfunction.

Passenger vehicles cause 95% of backover injuries and 78% of backover fatalities. Large passenger vehicles like pickups, vans, and utility vehicles caused approximately 44% of backover fatalities between 2002 and 2006, while cars caused about 54% of injuries.

Larger passenger vehicles weigh more and are more likely to cause death than cars and smaller vehicles striking at the same force.

Children under the age of 5 and adults over 70 are at the highest risk of injury or death caused by a backover crash. Young children are harder to see and don’t understand boundaries, and older people can’t move quickly and are more prone to injury.

Is the Driver Backing Up Always at Fault?

Drivers can prevent most backover injuries and deaths. Intoxication, distraction, and drowsiness prevent drivers from focusing on their surroundings as they back out of parking spots and driveways. Sometimes drivers forget to change gears or confuse the pedals, especially new drivers.

In some cases, multiple people may be liable for your accident. For example, poorly designed parking garages that make visibility difficult or parking lots or driveways with overgrown trees and shrubs limiting the sidewalks’ visibility can place liability on the driver and the property owner or maintenance company.

California uses pure comparative fault for civil cases. Comparative fault means that the court assigns a percentage of fault based on the actions of both parties in the accident. If your actions contributed to your injuries, the court will decide your percentage of fault and reduce your damages by that amount. For example, if you were wearing dark clothes to jog or riding your bike without lights at night, the jury may assign you 15% fault and the negligent party 85% fault. If your total damages are $50,000, you’ll only receive $42,500.

Injuries Common in Backing Up Car Accidents

Backing-up accidents can cause severe injuries and death. Some common injuries include:

Broken bones

Doctors can repair simple fractures in a few weeks with the application of a cast, but more complicated breaks may require surgery. Complications from surgery can lead to systemic infection or amputation.

Soft tissue injury

Damage to muscles, ligaments, and tendons takes a long time to heal and affects mobility. Some injuries require surgery.

Organ damage

Bruises, lacerations, and blood clots cause organs to lose functionality. Some organs can be repaired or safely removed,  but others require a transplant or medical care for the rest of your life.

Lacerations

Major cuts result in blood loss and require glue or stitches to close. You may be left with a nasty scar or limited movement due to scarring.

Head or spinal injury

Your head striking the vehicle or the ground can cause traumatic brain injury and cervical spine injuries. Your spine may be damaged if the car runs over your body, causing permanent paralysis and disability.

These injuries involve hefty medical bills, intense pain, and a long recovery process. You may need ongoing treatment like rehab, successive surgeries, or physical therapy. Some of these injuries are permanent and require a significant lifestyle change. Some require modifications to your home or vehicle.

Hiring a personal injury attorney to prove the at-fault driver’s negligence before you speak to the driver’s insurance company ensures you have the best chance of receiving fair compensation.

An experienced lawyer from Berg Injury Lawyers can help you seek damages for all current and future medical treatment, pain and suffering, income loss, and enjoyment of life. In some cases, your lawyer can also pursue punitive damages to hold the negligent party responsible for their actions.

Get a Free Case Review

If you have been injured or lost a loved one to a backover accident, contact the California car accident lawyers with Berg Injury Lawyers to get a free case review. Our team will review the details of your accident to determine what occurred and who is at fault. We can negotiate with the insurance company on your behalf and take them to court if necessary to ensure you receive a fair settlement.

After a backover accident, you need a skilled, reputable accident lawyer who can fight for your rights and help you win your case. We have years of experience handling backover accident claims, and we use that experience to get you the compensation you deserve.

Call Berg Injury Lawyers today for a free case review to get started on your case and begin rebuilding your life.

A Survival Guide for Driving on the Freeway in California

by Staff | June 13th, 2022

California traffic can be crazy, and driving on the freeway may seem overwhelming if you’re a new driver or usually drive in another state. Traveling at high speeds or in congested traffic increases your risk of being involved in an accident.

You should follow all driving safety rules, like always wearing seat belts. Learn some other essential tips to make your drive on California’s freeways less intimidating.

Emergency Preparedness

Being prepared for emergencies decreases your anxiety if an emergency arises. Having a first aid kit, tools to fix a minor breakdown, and a way to contact your roadside assistance service takes care of many freeway problems.

First-aid kit

Your vehicle’s first-aid kit should contain items specific to you and your passengers, including pressure bandages and gauze to stop bleeding, pain reliever medications, antibiotic medication, and antihistamines.

Breakdown kit

Include tools to change a flat tire and make minor repairs like a jack and socket wrench and jumper cables in case your battery goes flat. You should also include flares or reflective markers and a Hi-Vis vest to increase other drivers’ ability to see you.

Roadside assistance phone number

If you have roadside assistance service through your insurance or a credit card, make sure you have the number programmed in your phone and that your phone is charged.

In the event of an emergency on the freeway, try to make it to an exit or rest area before exiting your vehicle. If this isn’t possible, pull off to the right side of the road, as far from lanes of traffic as you can, especially if you have a flat driver-side tire.

If you need help with a situation but don’t have roadside assistance, dial 511 and say “freeway assist” when prompted.

Rules of the Road

Responsible drivers know all the laws that apply to the roads that they drive on. These rules cover everything from speed to which lane you should use.

Keep right

The law requires slower vehicles to keep to the right-hand lanes. That means you should only change lanes to pass a slower vehicle in front of you. If you are in the left-hand lane and a car approaches you from behind, move to the right-hand lane to let them pass.

Make safe lane changes

When changing lanes, always use your turn signals so other drivers know what to expect from you. Only change to the lane next to you instead of switching multiple lanes. Never speed up to change lanes or cut anyone off. Never change lanes over a solid line. Always check each blind spot before changing lanes.

Follow the speed limit

The speed limit on most freeways in California is 65 mph, but it is 70 mph in some areas. Driver speeds are monitored from airplanes and helicopters that radio patrol cars and, in some regions, by cameras.

Driving faster than the speed limit or weather conditions allow increases your chances of causing an accident. Speeding also increases the time and distance it takes to stop your vehicle. If someone stops short in front of you, you are more likely to hit them while speeding.

Speeding increases your risk of losing control of your vehicle while swerving to avoid a road hazard, for example. Highway speeds make correcting mistakes more difficult and reduce your margin for error, and exceeding the speed limit magnifies the problem.

Avoid distractions

Distracted driving is a leading cause of car accidents in California, accounting for 8.7% of traffic deaths in 2019. California outlawed talking on a cell phone to combat the problem unless the driver uses a hands-free device. Texting while driving is strictly prohibited.

Other distractions that you should eliminate or minimize include eating, changing radio stations, and applying makeup. Distractions can impair your response time more than driving under the influence of alcohol.

A 2008 Research Transport Laboratory study found that drivers talking on a handsfree or handheld device had relative reaction times of 26.5% and 45.9% higher than non-distracted drivers, compared with just 12.4% of drivers at the legal alcohol limit.

Routes and Traffic

Planning your trip helps prevent anxiety about freeway driving. You should know the number and road name of the exit you need to take and pay attention to road signs on your route. Keep a road atlas in your car or use a good cell phone mapping app if you miss your exit or road construction causes a detour.

Planning your trip to avoid congested traffic reduces your risk of being in an accident. Avoid rush hour or times when sporting events or concerts are close to ending. If you can’t avoid times when you expect congested traffic, allow for extra time to get to your destination.

Even when you do everything right, accidents still happen. Hiring a personal injury attorney will protect your rights.

Get a Free Consultation if You’ve Been Involved in a Car Accident

If you’ve been injured in a freeway crash caused by another driver, contact the California car accident lawyers at Berg Injury Lawyers for a free case evaluation. We will fight for your right to be compensated for medical bills, pain and suffering, and lost wages.