Steps to Take After a Bicycle Accident in Sacramento

by Staff Blogger | August 7th, 2023

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

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

Seek Medical Attention

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

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

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

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

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

Gathering Essential Evidence for the Accident

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

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

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

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

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

Protecting Your Rights After the Accident

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

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

Call Our Bicycle Accident Attorneys in Sacramento

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

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

The Impact of Social Media on Your Personal Injury Claim

by Staff Blogger | July 31st, 2023

Social media has become an integral part of many people’s daily lives. Platforms such as Facebook, Instagram, Twitter, and Snapchat provide users with an avenue for self-expression, sharing updates about their activities, health, and emotions.

The prevalence of social media means that information is readily shared. However, this can have unintended consequences if you are involved in a personal injury claim. Insurance companies and defense attorneys often use social media platforms to gather evidence and challenge the legitimacy of victims’ claims.

Understanding the potential impact of your social media posts on your case and working with a California personal injury attorney to represent your interests can help you receive the compensation you’re owed after an accident.

The Power of Posts: How Social Media Can Undermine Your Claim

Defense attorneys and insurance companies may seek to undermine a personal injury claim by using social media posts that depict you engaging in activities or expressing sentiments that don’t align with your claimed injuries and damages.

For example, you claim to have suffered a debilitating back injury in a car accident, but your social media accounts showcase pictures or videos of you participating in sports or strenuous activities. This can cast doubt on the severity of your injuries.

Even an innocent post can undermine your claim and affect the outcome of your case. For instance, a post such as – “Just had an amazing workout at the gym! Feeling stronger than ever! 💪 #FitnessGoals #NoPainNoGain” – can be presented as evidence that your physical condition is not as serious as you report it to be, potentially reducing your compensation.

Posts about traveling or engaging in leisure activities can also be used to argue against your assertions of emotional distress or the accident’s impact on your daily life. For example, if you claim to have developed severe anxiety or post-traumatic stress disorder (PTSD) following a traumatic incident, but you post – “Having the time of my life exploring beautiful destinations! ✈️✨ #Wanderlust #TravelAdventures” – the defense may argue that you aren’t suffering emotional distress after the incident.

Legal Considerations: Discovery Rules and Privacy Laws

While adjusting privacy settings can provide some control over who can access social media content, it is essential to recognize that even with strict privacy measures in place, anything posted online can potentially be uncovered and used in a lawsuit.

The legal principles surrounding using social media content in legal proceedings revolve around discovery rules and privacy laws. Discovery is a legal process that allows parties involved in a lawsuit to obtain relevant information and evidence from each other.

Courts generally allow the discovery of social media content if it leads to admissible evidence. This means that if the content on social media is relevant to the case, it can be requested and potentially used as evidence, regardless of privacy settings.

Best Practices for Social Media Use During a Personal Injury Claim

To protect the integrity of your personal injury claim, adopt some of these best practices for social media use:

• Limit your posts: Limit your social media activity while your personal injury claim is ongoing. Avoid posting about the accident, your injuries, or any activities that could contradict your claims. Also, ask your friends not to tag you in any post while your claim is pending because it could harm your case. 

• Be wary of friend requests from unknown individuals: Exercise caution when receiving friend requests from unknown individuals during your claim. Insurance adjusters, defense attorneys, or their representatives may attempt to gain access to your social media content by posing as someone else.

• Consult with an attorney before sharing claim-related posts: Your attorney will have the expertise to help you navigate the legal complexities and ensure you don’t inadvertently harm your case. Consulting with your attorney before sharing any information can help safeguard your rights and strengthen your position in the claim.

Protect Your Right to Compensation With Berg Injury Lawyers

If you or a loved one have been involved in an accident and are seeking compensation in a personal injury claim, speak with our attorneys at Berg Injury Lawyers and learn how we can support you throughout the process.

Our experienced lawyers understand the intricacies of social media and its implications for your case. We can advise you on protecting your privacy, avoiding damaging your credibility, and ensuring that your online presence aligns with your claim. Contact us today for a free consultation.

Common Violations of California Trucking Regulations That Lead to Accidents

by Staff Blogger | July 21st, 2023

With hundreds of trucks passing through its highways daily, California is a major transportation center. Despite efforts to prevent them, truck accidents continue to happen, often resulting in severe injuries and fatalities. Sacramento, which is California’s capital city, is an inclusion in this pattern. The state has developed trucking regulations as part of an effort to ensure the safety of truck drivers and other road users.

Acquiring the services of an experienced Sacramento truck accident attorney means you will not be left to deal with the aftermath of this potentially devastating life event on your own. You have a right to restitution, justice, and safety from possibly fatal effects, regardless of what caused your injury.

Overview of Common Violations

Truck accidents are a significant cause for concern because they frequently result in fatalities or catastrophic injuries.

California has enacted severe restrictions on the trucking industry in an effort to safeguard public safety on the road. Let’s explore the most common causes of truck accidents, and the steps truck accident lawyers take to resolve them.

Overloading

State and federal rules impose weight restrictions on trucks. These rules differ based on the kind of cargo, truck size, and the number of axles on the vehicle. A serious overloading violation will push a truck beyond its weight limit, causing accidents.

An overloaded truck requires a longer stopping distance, provides less stability, and causes poorer vehicle handling. Overloaded trucks are more likely to experience brake failure, tire blowouts, and other technical issues. These trucks can also put too much strain on the road itself, which raises the danger of accidents for other drivers. Overloading violations result from truck drivers’ poor training or a desire to increase profits.

Distracted Driving

In trucking, distracted driving is a big problem that results in dangerous car accidents. Distracted driving is any activity that causes a driver to temporarily or permanently divert their attention from the road.

Because of how much time truck drivers spend on the road, distracted driving is a serious risk. Drivers can get tired or bored, causing them to act in a distracting manner.

Common distractions on the road include:

• Driving while texting or using a mobile device.
• Operating a GPS or other technological device while operating a vehicle.
• Drinking or eating while driving.
• Operating radios and other entertainment systems.

With the assistance of a reputable truck accident attorney, Sacramento residents can regain a sense of security and comfort and find a path toward obtaining the compensation they deserve.

Hours-of-Service Violations

Federal restrictions termed hours-of-service (HOS) regulations limit how long truck drivers are allowed to operate commercial vehicles. The Federal Motor Carrier Safety Agency (FMCSA) developed these regulations to prevent driver weariness, which is a major factor in truck accidents.

HOS standards specify a maximum number of driving hours, as well as required rest times. Fatigued motorists have slower reaction times, poorer judgment, and greater difficulty in making sound decisions. All of these conditions will increase the risk of mistakes and mishaps. Drivers who violate HOS standards put both themselves and others at a greater risk of collision.

Poor Vehicle Maintenance

Road safety is mainly dependent on truck maintenance. The California Highway Patrol (CHP) enforces strict vehicle maintenance guidelines. According to California law, commercial vehicles must undergo an inspection at least once a year and every 90 days for those operating under hazmat permits. During these inspections, tires, brakes, lighting, and other car parts are checked to see if they are in excellent operating order.

Accidents involving trucks are often caused by poor vehicle maintenance. Tire blowouts, braking failures, and other mechanical issues can occur when routine maintenance is neglected.

Driving Under the Influence

Another significant problem in the transportation sector is driving while intoxicated. A driver’s ability to properly operate a commercial vehicle can be impaired by even a tiny amount of alcohol or drugs, putting themselves and other drivers in danger.

All drivers, including those operating commercial trucks, are subject to California’s stringent DUI laws. Drivers in California are considered to be intoxicated while operating a vehicle if their blood alcohol content (BAC) is 0.08 percent or greater, conferring to state rules and regulations. The BAC limit for commercial truck drivers should be 0.04%.

Given the legal statutes governing commercial vehicle operation, it is prohibited for truck drivers to operate such vehicles while under the influence of any substance. This includes not only marijuana and prescription drugs but any other intoxicating agent.

Driving while intoxicated is particularly risky in trucking since huge trucks need more space and time to stop than cars. A truck driver’s reaction time and judgment will be distorted by consumption of alcohol or other drugs, leading to catastrophic accidents.

When a California trucking regulation violation has lead to an injury, a truck accident attorney in Sacramento will provide the necessary legal advice and advocacy, fighting tirelessly to get justice and compensation for victims.

Seek legal assistance immediately if you or someone you love has been in a truck accident. Take action to get the compensation you’re entitled to. Contact a Sacramento truck accident attorney at Berg Injury Lawyers to discuss your options and protect your rights. Our experienced attorneys will work hard to ensure fair compensation for your injuries.

What is Personal Injury Protection (PIP) Insurance?

by Staff Blogger | July 21st, 2023

Accidents can happen to anyone, anywhere, at any time, and the injuries can negatively impact one’s physical health and financial situation. After an accident, medical and other associated costs can quickly pile up, placing a heavy financial burden on the victim. Personal injury protection (PIP) insurance is helpful in such accident occurrences.

Definition and Coverage of PIP Insurance

PIP is a category of insurance that covers accident-related compensation and relieves the financial burden of recovery for people who have been injured due to the negligence of others.

In a contrast to traditional auto insurance, PIP insurance covers you and your passengers’ medical expenses regardless of who was at fault. PIP insurance also pays for other costs associated with accidents, such as child care, cleaning services, and travel costs.

Navigating into the details of PIP insurance can be daunting. With the support of an experienced personal injury lawyer, Sacramento residents can feel confident that they will have the backup they need to proceed through the insurance claim process.

PIP Insurance Requirements in California

Drivers in California are obligated to have car insurance that complies with the legal minimum liability standards. Although PIP insurance is not mandatory in California, insurance companies must make it available to drivers. California law requires drivers who opt out of PIP insurance to sign a waiver stating their choice.

Exceptions to California’s PIP Insurance Requirements

California’s PIP insurance regulations have various exceptions. You may be eligible to forego your PIP coverage if you have health insurance that pays for injuries sustained in car accidents. However, your auto insurance company will need proof of your health insurance. Drivers who operate their vehicles for profit, such as ride-share drivers, are also ineligible for PIP coverage. A personal injury lawyer in Sacramento can help you determine whether you can forego PIP coverage.

Filing a PIP Claim

You must submit a claim with your insurance provider to receive compensation if you have a PIP policy and are in an accident. The following information is usually required to file a claim:

• Your name, address, and insurance policy number.
• The time and place where the incident occurred.
• Details on the drivers involved.
• A description of what happened and any injuries suffered.
• Costs associated with medical treatment and additional charges.

Common Issues Faced When Filing a PIP Claim

The process of filing a PIP claim may appear straightforward, but there are some common issues that victims may need assistance with to secure their compensation. These issues include:

• The claims process taking too long.
• Disputes regarding the cause or seriousness of injuries.
• Difficulties in proving lost wages.
• Claims being rejected due to insufficient evidence.

To avoid these issues and resolve any differences between you and your insurance provider, you must record your injuries and expenses accurately. With the help of a knowledgeable personal injury lawyer in Sacramento, clients can gain a better understanding of personal injury protection (PIP) insurance policies. This ensures you receive all the benefits you are entitled to following an accident, while also receiving critical support during a difficult time.

Benefits of PIP Insurance

Here are some advantages of personal injury protection (PIP) insurance policies and how they might help accident victims and their families.

Medical Expenses Covered by PIP Insurance

PIP insurance pays for all accident-related medical costs and helps relieve some of the financial burdens. Hospital stays, medical visits, prescription medication, and therapy sessions are all covered by PIP insurance. This policy is beneficial if you lack health insurance or if your health insurance doesn’t cover injuries from car accidents.

Wage Loss Benefits Provided by PIP Insurance

PIP insurance provides wage loss compensation if your accident prevents you from working, which can help you replace any lost income. Those who depend on their wages to make ends meet and support their families need this insurance most of all. The policy includes wage loss payments for a set period, often up to a maximum amount as specified in your policy.

Funeral Expenses and Survivor Benefits

In the tragic event of a fatal accident, PIP insurance assists the deceased’s family with burial costs and survivor benefits. This premium supports the family during a trying time and lessens the financial strain of funeral costs. A survivor’s compensation could include payment for lost wages and other expenses incurred following the death of a loved one.

PIP insurance covers the driver and any passengers in the car at the time of the accident. This coverage may be significant for those who carpool or families with children.

PIP insurance provides victims’ families with comfort. It can also reduce the anxiety of having to deal with a car accident. If you have PIP insurance, you won’t have to stress about covering your medical costs as you recover and return to your regular activities.

With an experienced Sacramento personal injury lawyer, you will relax knowing that you have a tenacious defender fighting for your rights and securing the maximum compensation your personal injury protection (PIP) insurance policy allows.

Conclusion:

Are you struggling to understand the complexities of the PIP industry? Don’t allow your injuries and medical expenses to mount. Get legal assistance from Berg Injury Lawyers.

Our expert attorneys specialize in PIP insurance disputes and will help you get the money you deserve. If you’ve been injured in a car accident, a slip and fall, or something else entirely, contact us for help.

Injury Cases: What are They and How Can a Lawyer Help You?

by Staff Blogger | July 21st, 2023

People get injured all the time. However, no one has the right to injure another person. If they do—knowingly or unintentionally—they must compensate the victim. The process of recovering damages from the offender is what constitutes a personal injury case.

Some claims end in a settlement, while others can go to court. The path each case takes depends on the specific facts.

Sacramento residents can claim damages sustained in slips and falls, car accidents, assaults, dog bites, etc. Even if a victim has never had an injury case, they can recover fair compensation with the help of an injury lawyer in Sacramento.

The following article offers answers to some common questions that victims may have following an injury. Let’s begin by reviewing the applicable laws.

Sacramento Injury Laws

It is impossible to reverse an injury. But the judicial system provides an avenue for victims to receive compensation.

As with most counties in California, Sacramento applies a law known as California Code §3281. This law states that a victim may recover monetary compensation from the “person at fault” in an accident. Code §3283 adds that payable damages may include future losses or losses that appear after the judicial process has begun.

A person who purposefully assaults or injures another in any way must compensate them. But what about unintentional negligence? In Sacramento, there are four components of legal negligence. The victim must prove that:

• The defendant owed a duty of care.
• The defendant violated that duty of care.
• The breach was the direct cause of injury.
• The breach caused damage to the victim.

Sometimes it’s easy to prove negligence. For instance, a distracted driver who hits a pedestrian in a crosswalk is at fault. If they had been texting while driving, they breached their duty of care because they owe it to pedestrians to stay alert.

Sometimes, proving negligence can require additional work. For example, in the case of medical malpractice, the victim would require that an expert in the medical field review the standard practice requirements. The expert will need to provide testimony showing how the accused doctor deviated from an acceptable standard of care.

Whatever the case, if the victim can prove negligence on the defendant’s part, Sacramento law allows the victim to recover economic, non-economic, and punitive damages.

Injury Types Common in Sacramento

Personal injuries vary greatly and can happen anytime and in unexpected situations. Someone may be walking down the street when they get bitten by a neighbor’s dog. In another case, the victim may have been entering a building, excited about their first day at work, only to slip, fall, and break their spine.

Sacramento recognizes several types of injury claims, including the following:

• Auto accidents – cars, trucks, motorcycles, commercial vehicles
• Slips and falls
• Workplace injuries
• Wrongful death
• Product liability
• Assault
• Medical malpractice
• Animal bites.

When looking for a Sacramento injury lawyer, victims should find an attorney with experience in their type of injury.

Frequently Asked Questions About Injury Cases in Sacramento

It’s normal to have a mountain of questions after an injury. We have provided the most straightforward answers to some of the most common questions below. Remember that these explanations are not comprehensive. If you have further questions or want more clarification, don’t hesitate to contact Berg Injury Lawyers Sacramento offices.

Do I have a case?

You might have a case if the injury was someone else’s fault. Consulting with an attorney to review your case can determine whether you will likely receive compensation for your injury.

Who pays medical bills during the case?

Payment could be made by an insurer, medicare, or the victim may have to pay out-of-pocket. Eventually, however, whoever paid can recover their expenses from the defendant. Hiring a lawyer gives you a chance to recover those losses.

Will the injury case go to court?

Maybe. Most claims don’t reach the court because the case is straightforward, and those involved feel there’s no need to delay the inevitable. Parties in an injury case can settle within a few months. However, when hiring a lawyer, hire one willing to go to trial if needed.

Is filing a personal injury case unfair to the defendant?

Not if the victim’s losses are genuine. Damages deserve compensation. And in most cases, the defendant’s insurance pays the victim, so they don’t have to pay out-of-pocket.

How long does settlement or litigation take?

Duration depends on each case. Berg Injury Lawyers advise victims to be patient. It will take time for injuries to heal and for the claim process to end. The defendant’s lawyer may also need time to review the victim’s information.

How can a Sacramento Injury Attorney Help?

Claiming damages from insurance companies is like going to war, and victims don’t want to go it alone. It’s in their best interest to find an experienced lawyer who knows all about the corners insurance adjusters often cut to reduce the value of victims’ claims.

We understand that victims may feel overwhelmed by the idea of speaking to a lawyer. That’s why we offer a free initial consultation where we will review their case. Consulting with us puts victims under no obligation to hire us. If anyone needs help with an injury case in Sacramento, they should reach out and schedule a free case review with us as soon as possible.

Understanding Comparative Negligence in Modesto Personal Injury Cases

by Staff Blogger | July 21st, 2023

When you have been injured due to someone else’s negligence, it is important to understand the law and contact an attorney. At Berg Injury Lawyers, our team of experience personal injury attorneys in Modesto, California can help you navigate uncertain times and fight for any compensation you may be owed.

What is Comparative Negligence?

Comparative Negligence is a principle used to assign portions of damages to the parties involved in a personal injury case. According to this rule, the court calculates how much the injured victim should receive by reducing the total damages by the percentage of the plaintiff’s negligence.

It basically means determining who is at fault for what when an accident occurs. Different states apply the negligence rule differently. California, for example, follows the pure comparative negligence rule. Here, victims get compensation only for the damages that do not result from their own negligence. After determining the total damages, the payable amount is reduced by the percentage of the victim’s fault.

The contributory negligence rule is another one you might hear, but this one is different than comparative. If a state follows the contributory negligence rule, the injured victim cannot recover any damages if they contributed even slightly to their own injuries. However, as mentioned above, the comparative negligence rule allows victims to recover damages even if they are only partly to blame.

Some states have modified comparative fault rules, but Modesto follows California’s pure comparative negligence rule.

What Role Does Negligence Play in Modesto Personal Injury Cases?

After an accident, the question of who is responsible is the basis for personal injury cases in California. For example, suppose you’re approaching a business building and accidentally slip and fall on an icy walkway. Depending on various circumstances, you could be owed compensation for your medical expenses. Damages could include pain and suffering, medical bills, and lost income from being unable to work.

Victims may argue that the premises owner did not take reasonable measures to ensure the safety of their visitors. On the other hand, the building’s owner may assert that the victim was texting while walking and, therefore, is responsible for the damages. The comparative fault law would mean investigating both scenarios to determine a percentage of fault by each party.

Modesto’s comparative negligence law states that the plaintiff and the defendant can share the blame equally or differently. And because the role of compensation is to make the victim whole, payment should cover only the defendant’s share of the responsibility. In other words, victims must compensate themselves for their own negligence.

Insurance adjusters are tasked with determining how much fault the victim is responsible for and then making recommendations for payment. However, victims must remember that insurance adjusters will do their best to minimize compensation. With the guidance of a personal injury attorney, Modesto victims can successfully recover the compensation they deserve.

How a Modesto Personal Injury Attorney Can Help

Modesto’s personal injury laws are unique to California. Because most first-time claim applicants aren’t sure where to start, they’re in a better position to recover fair compensation if they enlist the services of a personal injury attorney in Modesto.

An attorney can ensure that victims do not forfeit their right to compensation even if they’re partly liable for their injuries.

Additionally, experienced lawyers can relieve the stress of filing paperwork, breaking down legal jargon, and handling correspondence with insurance companies and the defendant’s legal team.

In Modesto, personal injury victims don’t receive compensation for their part in the incident. We advise any injured victims to contact Berg Injury Lawyers, who will take up the claim with the insurance company. The initial consultation is free and we don’t get paid unless you win.

How to Prepare for a Consultation with a Modesto Accident Attorney

by Staff Blogger | July 21st, 2023

The initial consultation with a lawyer is crucial to the success of your claim. An accident attorney in Modesto will know what to look for when reviewing an accident claim and will typically ask the right questions. If unprepared, an accident victim may not have the correct answers or may unwittingly provide false information.

If you were a victim of an accident and are seeking legal counsel, know that preparation for your initial consultation will be paramount. Having the appropriate documentation about your accident and injuries will ensure that your attorney can determine the strength of your case.

Prepare Before a Consultation with an Accident Attorney

Accidents are distracting. They happen out of nowhere and force you to pause your daily routine and instead deal with insurance claims, hospital visits, and lost income. When that happens, victims often want a quick resolution so that they can get back to their everyday lives.

Below is a discussion of how victims can equip themselves for the consultation.

Collecting Evidence

When victims have evidence of an accident, it’s easier to file a claim. Evidence can be pictures of the accident scene, videos, or eyewitness statements.

The most important step after an accident is to seek medical attention. But if the victim can take pictures or record a video before leaving the scene, these will be helpful for their claim. Victims can ask someone else to collect evidence if they are too hurt or shaken to do so themselves.

Surveillance cameras can also provide footage of the accident and vindicate innocent victims against insurance companies trying to manipulate them.

Keep a Journal

Some symptoms of a victim’s injuries may take a long time to appear, as shown in this video. Victims should keep a journal of how they feel for several days and weeks following the accident.

Writing down how they feel and how their lives have changed can help victims discover injuries that health providers may have missed. It also clearly shows non-economic damages, such as pain, suffering, and emotional distress.

Keep All Medical Records

It is essential to factor in every diagnosis and prognosis when estimating the value of an accident claim.

Victims should take note and keep records of all the treatments they undergo. Health providers can help foresee how injuries will affect the victim’s future. Skilled accident attorneys will collect all relevant medical information once they decide if an accident victim has a valid claim. Bringing as much documentation as possible to the initial consultation will help the attorney understand what may be involved in a case.

Bring Medical and Insurance Bills to the Consultation

Collect all bills from treatments that have occurred as well as estimates for any future procedures or care. If there are payments you made for anything related to your treatment or accident, bring receipts.

An accident attorney in Modesto can estimate the potential recoverable damages when you provide a clear picture of all losses.

Make a List of Questions

Your prospective attorney will ask many questions and you will have questions of your own. Make a list before you go to ensure you do not forget to ask them. Your consultation is a two-way conversation, so even if the question feels irrelevant, write it down and ask.

Keep an Open Mind

There are many accident attorneys in Modesto and other areas of California. A consultation does not mean you have committed to an attorney, nor does it mean that firm will take your case. It is important that you evaluate the firm as they are evaluating your case.

Modesto residents need to feel that the attorney they choose to represent them understands their needs and can show them compassion during the process. Most important of all, the attorney and their law firm should be licensed to practice and competent in handling accident claims in California.

How to Determine if a Prospective Modesto Attorney is Reliable

Even first-time accident victims should know if the lawyer they plan to hire is a good fit. A reliable attorney:

• Cannot promise specific results. It’s against the law for attorneys to predict results for a case that has yet to begin.

• Should not compare one claim to another. All claims are unique. Consider it a red flag if the attorney unduly compares your case to another.

• Treats the victim with dignity and validates any concerns. A good lawyer should make the victim feel respected. Their concerns are valid.

Even if you are dealing with pain, hospital visits and more, taking a moment to think before speaking with a Modesto accident attorney can increase your chances of getting fair compensation. At Berg Injury Lawyers, we pride ourselves on treating our clients respectfully. We listen and tailor our services to the needs of every individual. Our No Fee Guarantee™ ensures that if you do not win, you pay nothing. Schedule a free, non-obligatory consultation with our experienced attorneys today.

How are Pedestrian Accidents Handled in California?

by Staff Blogger | July 17th, 2023

California, home to sprawling cities and bustling traffic, has a high rate of pedestrian accidents. From 2020 to 2021, pedestrian fatalities increased by 9.4%, from 1,013 to 1,108. This is largely due to its heavy traffic, urban congestion, and the increasing interaction between vehicles and pedestrians.

Pedestrian deaths are most common at night in urban areas and on roads far from intersections, where vehicles often travel at higher speeds. These incidents are often due to hit-and-run accidents, incidents at crosswalks, and collisions caused by distracted or impaired driving.

Understanding how pedestrian accidents are handled in California and having an attorney from Berg Injury Lawyers on your side can help you protect your rights and receive restitution for your injuries.

Common Pedestrian Accident Injuries

Pedestrians often suffer life-altering injuries after an accident with a vehicle. Injuries can require surgery, rehabilitation services, and long-term assisted care. 

• Broken bones: Pedestrians in vehicle accidents can suffer fractures in limbs, hips, and pelvis due to the impact force. This can lead to pain, months-long recovery, and complications, such as permanent disfigurement or disability.
• Traumatic brain injuries (TBIs): Pedestrians struck by vehicles can experience severe head injuries. TBIs can result in cognitive impairments, memory loss, and negative impacts on relationships and quality of life.
• Spinal cord damage: Pedestrian accidents can cause spinal cord injuries (SCIs), leading to partial or complete paralysis. SCIs can result in ongoing medical treatment, assistive devices, and major lifestyle adjustments.

Role of Comparative Negligence in Pedestrian Accidents

In California, pedestrians have the right of way in most situations. Drivers are expected to exercise caution and yield to pedestrians at marked crosswalks and intersections. If a pedestrian is struck by a motor vehicle, the driver is usually deemed at fault.

However, under California’s pure comparative negligence doctrine, all parties may bear some responsibility in an accident. If pedestrians act recklessly or move against traffic signals, they may be partially liable for their injuries, impacting the compensation they receive.

California previously considered jaywalking a citable offense for pedestrians. While the newly passed Freedom to Walk Bill makes it legal for pedestrians to cross outside a marked crosswalk or intersection, it still requires them to use reasonable care.

If you are on your phone when crossing the street, which causes you to ignore traffic and abruptly step out in front of a car, you may be partially responsible for your injuries under pure comparative negligence. In this situation, you could still win compensation, but your percentage of fault will reduce your settlement.

Immediate Actions: What to Do After a Pedestrian Accident

If you are in a pedestrian accident, you can protect your rights by taking action. Receiving medical attention, reporting the incident, and documenting your injuries can provide evidence for your attorney to determine fault and support your compensation claim.

• Seek immediate medical care: Contact emergency services or visit the nearest hospital immediately after the accident. Even minor injuries can worsen without treatment; seeing a medical provider allows you to receive appropriate care to prevent complications. It also provides documentation of your injuries, such as medical records, diagnoses, prescriptions, and receipts for medical expenses for your claim.
• Report the incident to police: Contact the local police department to report the accident. Provide them with accurate and detailed information about the incident, including the date, time, and location. This provides an official record of the incident, which you and your attorney can request a copy to use as evidence for your case.
• Document the incident: Take photographs of the accident scene from different angles, capturing the position of the vehicle involved and the apparent damage. Document your injuries, including cuts, bruises, and any visible marks. Obtain contact information from witnesses who saw the accident and share it with your attorney, who can contact them for an official statement.

The Value of Legal Representation in Pedestrian Accidents

In cases involving accidents between pedestrians and vehicles, the role of a personal injury attorney is crucial. A skilled attorney specializing in pedestrian accident cases can uphold your rights and help you receive the compensation you deserve.

Our California personal injury lawyers have the experience and resources to navigate the state’s pure comparative fault doctrine and prove that a negligent driver is liable for your injuries. We will investigate the accident thoroughly, gather evidence, and negotiate with insurance companies to get you a fair settlement.

If you were injured in a pedestrian accident in California, contact our skilled legal team today to schedule a free consultation. We can review your case and help you get started on your claim.

Common Risks and Injuries from E-Scooter Accidents

by Staff Blogger | July 10th, 2023

Electric scooter use in California has increased over the past several years, offering a convenient and eco-friendly way to get around town. These motorized vehicles are the go-to option for short-distance commuting, with the popular e-scooter model LINK traveling around 420,000 miles and taking more than 270,000 trips in Los Angeles as of January 2022. 

Despite their convenience and environmental benefits, e-scooters can cause serious injuries that require diagnostic imaging, hospital stays, and follow-up care. 1,354 people were injured by e-scooters in the greater Los Angeles area between 2014 and 2020, 6% of whom required inpatient admission.

If you suffer injuries in an e-scooter accident due to another’s negligent behavior, you can seek compensation. The California e-scooter accident attorneys at Berg Injury Lawyers can review evidence to determine what caused your accident and help you pursue a fair settlement from the liable party.

The Risks of E-Scooters

E-scooters can be a convenient way to commute in California cities, but they pose unique risks to riders. The most common e-scooter risks include pedestrian or vehicle collisions, falls, and accidents caused by mechanical failure.

• Collisions with Pedestrians or Vehicles

The compact size and high-speed capability of e-scooters can increase the likelihood of collisions, especially in crowded urban areas. For example, riders can have trouble maneuvering through pedestrian-filled sidewalks or busy intersections, leading to accidents and injuries. From 2014 to 2020, there were 2 fatalities due to e-scooter riders being hit by vehicles in LA.

• Falls Due to Poorly Maintained Roads

Uneven surfaces, potholes, or road debris can cause riders to lose balance and fall from their e-scooters. These hazards can be particularly dangerous when riders travel at high speeds or are unfamiliar with the road conditions.

• Accidents Caused by Mechanical Failure

E-scooters can experience technical malfunctions like brake failures or sudden power cutoffs. This can result in an accident, injuring the rider or others sharing the road. For example, a rider’s e-scooter battery malfunctions, causing it to shut down suddenly. Since e-scooters can travel between 15 to 30 mph, abruptly stopping can throw the rider forward, causing injuries to the rider or pedestrians.

Common Injuries

E-scooter accidents can cause serious, life-altering injuries, including fractures, concussions, and spinal cord damage. A 2022 study found that 945 e-scooter riders visited the ER for treatment after a crash, while 21 were treated in a critical care unit and 72 in an inpatient visit.

• Fractures

A 2021 study revealed that fractures accounted for nearly 39.2% of all e-scooter-related injuries. Among the commonly fractured bones are those in the upper extremities, such as the wrist, forearm, and shoulder. Fractures can cause chronic pain, restrict mobility, and often require medical intervention, including casting, surgery, or rehabilitation.

• Concussions

Concussions are a form of traumatic brain injury frequently associated with e-scooter accidents. These injuries occur when a rider experiences a sudden blow or jolt to the head, causing the brain to move within the skull.

In a 2022 study, concussions were observed in 38.8% of e-scooter accidents. Even seemingly mild concussions can have long-lasting effects on cognitive function and well-being, impacting memory, focus, and mood.

• Spinal Cord Damages

While less common, severe e-scooter accidents can cause spinal cord damage. A 2022 study found that spinal and rib fractures accounted for 2.1% of e-scooter injuries. Spinal injuries can lead to partial or complete paralysis, loss of sensation, and impaired bodily functions. The consequences of spinal cord injuries are often life-altering, requiring extensive medical treatment and long-term care.

E-Scooters and Liability

To file a personal injury claim, you must determine who is at fault and submit evidence to prove their negligence. In e-scooter accidents, multiple parties may be held liable, including the rider, the e-scooter company, or other third parties, such as a vehicle driver or municipality responsible for maintaining the roadway.

Our experienced e-scooter accident attorneys from Berg Injury Lawyers can help you gather strong evidence for your case and file a claim with the responsible party’s insurance company.

For example, we can use photographs of the accident showing damage to you and the scooter, skid marks, road signs, and traffic signals to prove a driver was speeding or an uneven sidewalk led to your accident.

We can also use medical reports and witness statements to support your claim and help you win a fair settlement for your economic and intangible losses, such as medical bills, lost wages, and emotional distress.

California law requires insurers to decide on a claim within 40 days of receipt. Once your attorney submits claim documentation, the insurer must notify you within this time whether it will accept or deny the settlement demand.

If they refuse to pay, we can submit additional evidence and negotiate for fair compensation. If you cannot reach an agreement, your legal team can help you file a personal injury lawsuit for a California judge or jury to decide your damage award.

Navigating E-Scooter Accidents: Seek Compensation With Berg Injury Lawyers

If you’ve been involved in an e-scooter accident in California, our attorneys at Berg Injury Lawyers can help you win damages for your injuries. We’ve won millions of dollars in settlement awards for our personal injury clients. We will use our experience and knowledge in e-scooter injury cases to ensure you receive compensation for your losses due to another’s actions.

Contact our legal team today for a free consultation. We will review your e-scooter accident to determine fault, help you file a claim, and protect your interests so you can recover the damages you’re owed.

How Earthquakes Can Impact Personal Injury Claims in California

by Staff Blogger | July 3rd, 2023

California experiences two to three earthquakes of a magnitude of 5.5 or above every year, damaging buildings and causing injuries. If you are hurt in an earthquake due to a property owner’s negligence, you may be able to seek compensation to help you pay for your related expenses.

At Berg Injury Lawyers, our California earthquake damage lawyers can review the circumstances of your case and help you determine if you can file for compensation for your injuries.

Earthquakes and Personal Injury Law: A Shaky Relationship

In California, a property owner isn’t liable for damages caused by natural disasters and what insurance companies call “Acts of God.” However, building owners are still responsible for ensuring the safety of their properties and taking necessary precautions to minimize the risk of harm during these events.

When a property owner fails to update their premises or install standard earthquake prevention measures, they can be liable for injuries that result. For example, in the years following the 1971 San Fernando earthquake, California passed several earthquake building codes to regulate the construction of homes and commercial buildings near active fault zones.

For instance, a property owner must post earthquake-risk notices if their building has unreinforced load-bearing masonry walls and is in Zone 4, an area prone to earthquakes. They also have five years to address the vulnerabilities in the masonry walls of their buildings.

However, many business owners fail to maintain compliance with retrofitting older structures according to seismic building codes. Code violations and poor construction can result in deaths and injuries from earthquakes.

In a 2010 appeal, building owners were found negligent in the deaths of two salespeople attempting to leave the building during an earthquake. An inspection report revealed deficiencies in the building, but the owners failed to complete seismic retrofitting before the quake.

What Are the Possible Injuries During an Earthquake?

Many people suffer severe emotional and physical injuries from earthquakes. Most injuries result from building collapses, fires, debris, and chemical spills. These injuries range from minor cuts and bruises to severe fractures, crush injuries, and burns.

Earthquake survivors may suffer from airway blockages and suffocation due to the dust and debris generated by building collapses. They may also experience post-traumatic stress syndrome and major depression from emotional distress during the earthquake.

An attorney from Berg Injury Lawyers can help establish liability if you believe a building owner’s wrongful actions caused your injuries. We can investigate building code violations and inadequate safety measures through maintenance reports and understand if their negligence contributed to your injuries. Our team can also help you explore your legal options, including filing a lawsuit against the owner.

Can You File a Claim With the Property Owner’s Earthquake Insurance Coverage?

Earthquake insurance covers repairing or rebuilding damaged structures and replacing damaged belongings resulting from earthquakes. It helps policyholders recover financially from the physical damage caused by seismic events. It also pays for additional living expenses, including temporary housing, incurred during repairs or relocation.

Earthquake insurance primarily covers property damage but does not typically cover injuries to individuals or others due to earthquakes. However, if the owner caused your injury through their negligence in caring for their building, you can file a personal injury claim against them.

Special Considerations for Earthquake-Related Injury Claims

When pursuing a personal injury claim related to an earthquake, an experienced attorney familiar with these cases assesses fault based on factors like the property owner’s lack of compliance with maintenance standards. They will also consider California’s pure comparative fault system, which assigns fault percentages to all parties involved, including the injured party.

Even if you are primarily responsible for your injuries, you are entitled to compensation caused by someone else’s negligence. For instance, if you are 20% responsible for your earthquake-related injuries, you can recover 80% of the damages.

A skilled attorney with Berg Injury Lawyers can present a strong case on your behalf. We will investigate your earthquake injuries and seek compensation for medical expenses, pain and suffering, lost wages, and other damages.

Explore Compensation Options for Your Earthquake-Related Injuries

Property owners should prioritize building safety and retrofitting in case of a devastating earthquake. California earthquake damage lawyers at Berg Injury Lawyers understand the impact earthquakes can have on your well-being and can help you seek damages if a negligent property owner contributed to your injuries.

We have a proven track record of successfully recovering millions of dollars for our clients over the past four decades. Contact our law office today for a free consultation and learn your rights and options after an earthquake-related personal injury.