May 3rd, 2021|
If you were injured in a car crash, you might want to file a personal injury lawsuit. However, to receive compensation, you must show that the other driver’s negligence was at least a partial cause of the accident.
While there are many ways for a driver to be negligent, a commonly overlooked reason is driving after taking certain over-the-counter (OTC) drugs.
Can a Driver Be Impaired by OTC Drugs?
While not all OTC drugs affect driving, there are several that can significantly impair the ability to drive. However, many people don’t look at the side of the bottle or read about the side effects. Instead, they may try to drive with disastrous consequences.
If another driver hits your car while taking any of these OTC drugs, you may be able to file a personal injury lawsuit to get the compensation you need to pay your medical bills and cover lost wages.
The FDA warns that these drugs can affect your driving abilities:
- OTC drugs with codeine
- Certain allergy medications, like Benadryl
- Medicines that treat motion sickness
- OTC sleeping medications
- Some diet pills
- Medication containing stimulants, including pseudoephedrine, caffeine, and ephedrine
- Medicine for diarrhea
- Any medication for relaxing muscles
- Some cold medicines, particularly “nighttime” versions
- Some cough medicines
Additionally, CBD consumption or smoking or eating marijuana before driving can also lead to accidents.
How OTC Drugs Can Impair a Driver
Many of the OTC drugs listed by the FDA cause tiredness, which could become deadly behind the wheel of a car. In 2017, 91,000 crashes occurred because of driver tiredness, with over 700 of them causing at least one fatality.
While it’s clear that OTC drugs marketed toward people living with insomnia cause tiredness, there are several others with sleepiness as a side-effect, including some cough medicines, motion sickness drugs, anything containing codeine, and some allergy medications.
Other side-effects caused by these medications that could impair your ability to drive include:
- Impaired judgment
- Altered perception
- Decreased reaction time
- Impaired coordination
If a driver suffers any of these side-effects while on the road, they could cause a serious accident. Driving requires strict focus and attention, and a driver closing their eyes for a few seconds or fumbling with the brake can mean the difference between avoiding an accident and causing a multi-car pile-up.
Can You Sue a Driver Who Took OTC Drugs?
Car accidents can cause significant injuries, from traumatic brain injuries (TBIs) to broken bones to paralysis. In California, if you were in a car accident and received serious injuries, you may be able to file a personal injury lawsuit with the help of an experienced lawyer.
The earlier you consult with a lawyer, the sooner you can receive your compensation. You should also consult with a lawyer before speaking with the insurance company since they may offer a low settlement or try to get you to admit fault.
Whether you were a passenger in the car or were in another vehicle, you can sue the driver. However, you must also prove that the driver was negligent. To prove negligence in California, you’ll need to prove that:
- The driver breached their duty to drive safely
- The driver’s breach caused your accident and injuries
- The driver could have foreseen the consequences of their actions
- You suffered demonstrable damages, either physical or financial
How a Lawyer Can Help
It’s essential that you work with a lawyer since proving negligence is challenging. Additionally, your lawyer might look for evidence that the driver had the OTC drug in their system. If you were a passenger in the car, you may have seen the driver take the drug earlier in the day. For passengers in other vehicles, your lawyer might speak with the driver’s family and friends to learn if they habitually take certain OTC drugs.
Ultimately, the driver’s actions behind the wheel can be enough to establish fault, even if proving that they took an OTC medication isn’t possible. Your lawyer will be able to determine the right path to get you the compensation you deserve.
Start Your Journey Toward Compensation
If you received serious physical injuries from a recent car crash, contact the California car accident lawyers at Berg Injury Lawyers today. At your free consultation, we can review your case to determine your legal options. Our experienced team can look for evidence to show the other driver was impaired by OTC drugs or any other proof of negligence. Call us today to learn more.
April 19th, 2021|
Thousands of work zone crashes occur each year in California, and more than 700 Americans are killed in these crashes annually. In most cases, those deaths are motorists. But approximately 15% of those deaths are work zone workers.
Work zones are a common fixture on California’s roads, so it’s important we take caution when driving through them, both for our safety and that of workers. Here are a few crucial safety tips for the next time you drive through a work zone.
Plan Your Route Wisely
If you know that your route includes a work zone, you can either leave earlier than usual or find an alternate route. Often, navigational apps or devices can show you whether there are significant delays on your route so you can plan accordingly.
Take Speed Limits Seriously
Speeding contributes to roughly 29% of work zone accidents. Speed limits are typically lower in work zones, and fines can be greater than in non-work zones. Whenever you see a speed limit posted in a work zone, do not exceed it, even if you don’t immediately see workers around your car.
Leave Adequate Space Between Yourself and Others
Drivers typically have less room in work zones than in normal traffic, so it’s important to leave adequate space between your vehicle and those in front of you. Approximately one-quarter of all fatal work zone crashes involve rear-end collisions, so be prepared for sudden stops.
If Possible, Change Lanes to Create Distance from Workers
If you notice workers near your lane, shift lanes whenever possible. If you’re on a single-lane road or you can’t shift lanes, slow down and keep as great a distance from workers as possible without veering outside your lane.
Be Especially Careful Around Buses and Large Trucks
Buses and large trucks are even more difficult to maneuver in work zones than passenger vehicles. Avoid making any sudden lane shifts in front of these large vehicles.
Follow Signs Posted by Road Crews
Most road crews post warning signs or place barrels and cones that tell drivers where they should drive. Obey these signs and make sure to drive only in designated areas.
Avoid Distraction at All Costs
Drivers should always strive to be alert and focused solely on the task of driving, but it’s doubly important when driving in work zones. Keep conversations with passengers or on hands-free devices to a minimum. Make sure you keep your hands on the wheel and your eyes on the road ahead throughout the entire time you’re driving through a work zone.
If You’re Injured by a Negligent Driver, You Have Options
Whether you’re working or driving in a work zone, you have legal rights to compensation when you’re injured by a negligent driver. At Berg Injury Lawyers, we have years of experience standing up for the rights of injured Californians.
If you’re considering your legal options, contact our California car accident lawyers to schedule a free consultation with our team. Tell us about the details of your case, and we can help you explore ways in which you can get the compensation you deserve for the costs of the injuries you’ve suffered.
April 12th, 2021|
Every driver knows that dreaded feeling: your eyes are heavy, you’re yawning uncontrollably, and you’re still many miles from your destination.
Drowsy driving results in approximately 90,000 crashes and hundreds of deaths each year in the U.S. And tragically, these crashes are entirely preventable. That’s why it’s so important for drivers to recognize the signs of fatigue, so they can take action to save themselves and others from harm in a crash.
Red Flags of Fatigued Driving
If you notice any of the following warning signs, you could be putting yourself or others at risk of a crash:
- Difficulty keeping eyes open
- Nodding off
- Frequent yawning and blinking
- Drifting from your lane
- Missing your exit or turn
- Missing road signs or signals
- Failing to remember the last few miles you’ve driven
Prevention Is the Best Solution
Ideally, drivers should avoid getting behind the wheel if they’re at risk of falling asleep. Strategies for preventing drowsy driving include:
- Getting enough sleep. For most people, that’s between seven to nine hours per night.
- Avoiding driving for long periods without taking breaks or switching drivers. Plan to take a 15-minute break every two hours on a long trip, and to never driver for more than eight hours in a day.
- If possible, avoiding driving during periods of peak sleepiness, which is generally between midnight and 6 a.m. and in the late afternoon.
- Avoiding taking medications that cause drowsiness if you know you may need to drive while it’s in effect.
These steps can help you prevent fatigue, but it’s also worth knowing what to do if you get tired behind the wheel.
What to Do If You’re Falling Asleep Behind the Wheel
If you find yourself getting tired or nodding off behind the wheel, it’s time to act. That means taking the first available exit or entering the first safe place to park available, then taking a nap. Even a brief nap can help you stay awake long enough to arrive safely to your destination, as long as that destination isn’t too far away.
If you have someone else riding in your vehicle who is able to drive, ask them to drive while you take a nap. Though some strategies like listening to loud music, drinking caffeine, or blasting cold air might have marginal benefits to help you stay awake, nothing will truly rejuvenate you as well as sleep. These methods should only be used to get you to a safe place to pull over, not to get you all the way to your destination if you are already feel drowsy.
How to Spot Drowsy Drivers on the Road
We can each do everything in our power to avoid driving while tired, but we’re still at the mercy of our fellow drivers’ efforts to stay safe.
If you notice that a vehicle is drifting into another lane or off the road, then you might be near a drowsy driver. When a driver drifts into your lane or endangers you or other motorists, then you have every right to honk your horn. If possible, slow down or speed up to create a safe distance between you and the other vehicle.
When Injured by a Negligent Driver, You Have Legal Options
If you’re injured in a crash through no fault of your own, you have the right to pursue compensation for all the damages you’ve experienced, including medical bills, lost income, pain, and suffering. Don’t hesitate to contact the California car accident attorneys at Berg Injury Lawyers to schedule a free case review with our team.
April 5th, 2021|
An average of eight people die in distracted driving crashes every single day in the U.S. And every year, around 400,000 people are injured in crashes involving distracted drivers.
The number of distracted driving accidents has only increased as smartphones are now commonplace for most U.S. consumers. That’s despite countless warnings from safety advocates, legislators, and law enforcement officials that drivers should never use mobile devices behind the wheel.
The chances are good that on your next commute, you’ll be sharing the road with someone whose focus is not on driving. But how do you identify these drivers so you can avoid them?
Identifying Distracted Drivers
A driver can be distracted visually, manually, or cognitively, and it’s important to recognize patterns of distracted driving so you can avoid being injured by one.
There are several signs that a driver is distracted, including:
- Hunching over in the driver seat
- The glow of a screen illuminating their face
- Visibly interacting with a passenger instead of facing forward
- Swerving or drifting outside of their traffic lane
- Failing to slow or come to a stop when a light is red or when cars are stopped ahead of them
- Erratic braking
- Traveling at inconsistent speeds
- Failing to drive when a traffic light turns green
- Eating, drinking, or smoking behind the wheel
What to Do if You Notice a Distracted Driver
If you spot a distracted driver on the road, do your best to keep a safe distance. That means leaving plenty of space between your vehicle and theirs, doing your best to speed up (or slow down) to get as far away as possible.
If a driver is stalled in front of you at a red light or veering into your lane, don’t hesitate to use your vehicle’s horn to get their attention, especially if you feel you’re in danger of a collision.
When You’re Injured by a Distracted Driver, You Have Legal Options
Whenever any negligent driver causes you harm, you have the right to hold that driver responsible for the costs you face because of their negligence. In most cases, the at-fault driver’s insurance company will be the one paying for the medical bills, property damage, lost income, pain, and suffering you’ve experienced.
Distracted driving is one of the most common forms of negligence, and there are many ways to prove that the other driver was responsible for your crash. Ultimately, an injured person’s attorney can look at police reports, talk to witnesses, and gather other forms of evidence to show that the driver’s recklessness led to the accident.
If you’ve been injured by a negligent driver, make sure you fully understand how much the crash will cost you. An attorney will also be able to help you calculate your damages, so you can be sure you aren’t taken advantage of by an insurance company.
If You’ve Been Injured, Contact Berg Injury Lawyers
At Berg Injury Lawyers, our California car accident lawyers have years of experience holding at-fault drivers responsible for the damages they’ve caused our clients. If you’d like to speak to an attorney at no cost, contact our team today for a free, no-obligation case review.
March 29th, 2021|
Truckers have one of the hardest occupations in the U.S. Their job often includes driving for long periods, which can lead to a sedentary and unhealthy lifestyle.
The health conditions that affect truck drivers can sometimes put them at risk of losing their commercial driver’s licenses. Unfortunately, those health problems can also endanger everyone truck drivers share the road with.
Let’s look at some of the health conditions disproportionately affecting truck drivers and why it should matter to all of us.
Sleep Apnea Is a Serious Problem in the Commercial Trucking Industry
When truck drivers have sleep apnea, especially the more severe forms like obstructive sleep apnea (OSA), they’re less likely to get restorative sleep and stay alert behind the wheel. OSA leads to excessive daytime sleepiness, and that makes truck drivers far more likely to be involved in crashes.
Sleep Apnea Is Just the Beginning of Health Problems Facing Truckers
A survey conducted by the National Institute for Occupational Safety and Health (NIOSH) found that long-haul truck drivers are more likely than other workers in the U.S. to:
- Be overweight
- Be physically inactive
NIOSH also finds that truck drivers are twice as likely as other workers to be obese and to have diabetes. They’re also twice as likely to smoke. The survey also revealed that 75% of truck drivers said they did not get the recommended amount of physical activity (30 minutes a day, five days a week).
How the Health of Truck Drivers Affects You
All drivers share the road with large commercial vehicles. Because those vehicles are so much heavier, bigger, and harder to bring to a complete stop, it’s the drivers and passengers in smaller vehicles who are most likely to be injured in collisions involving large trucks and passenger vehicles.
In other words, the health of truck drivers impacts the safety of all road users, from passenger car drivers to bicyclists to pedestrians. When these vulnerable road users are involved in crashes with large trucks, they often face expensive medical bills, lost income, property damage, pain, suffering, and even death.
If You’ve Been Injured in a Large Truck Crash, You Could Be Owed Compensation
Truck accidents often result in serious injuries, which also means expensive medical bills for the injured person. Trucking and insurance companies know this, and they go out of their way after a crash to mitigate their liability and put it on the shoulders of the injured person. In fact, it’s not unheard of for trucking and insurance companies to send a representative to the scene of the crash to solicit signatures from injured people to reduce or deny their claims.
At Berg Injury Lawyers, we know the tactics used by insurers and trucking companies, and we fight to protect the rights of innocent drivers injured in large truck accidents. If you’d like to schedule a free consultation, contact our California truck accident lawyers today.
March 22nd, 2021|
Every year in the U.S., 300 to 400 people die in wrong way accidents. One out of every 100 vehicle fatalities happens in these types of crashes.
Statewide, an average of 225 wrong way collisions happen every year just on freeways and expressways alone in California.
Wrong way accidents occur when a driver enters a one-way road traveling the wrong direction and causes a crash with a vehicle traveling the correct way. The most severe wrong way accidents typically occur when a driver enters an exit or entrance ramp traveling the wrong direction, but these crashes can also happen on one-way streets in urban and residential areas.
Negligence-Related Wrong Way Crashes
When a driver travels the wrong way on an entrance ramp, exit ramp, or one-way street, there could be several contributing factors, including:
- Impairment (drugs or alcohol)
- Unfamiliarity with a location
It’s up to each driver to make sure they’re following the rules of the road. This means staying sober and focused behind the wheel, in addition to paying close attention to the traffic signs and signals placed around intersections.
In most cases, signs and signals are adequate enough to alert drivers that they’re turning the wrong way on roads. However, the visibility and placement of signage can also make wrong way accidents more likely.
How Infrastructure Contributes to Wrong Way Accidents
The way that intersections are built and signs are erected can also contribute to the occurrence of wrong way accidents. A few examples include:
- Failure to clearly mark ramps
- Failure to place signs clearly or in locations where signs are fully reflective at night
- Missing signs
- Improper ramp design
- Low sign visibility due to obstruction by buildings, vegetation, or other objects
Though infrastructure can be a contributing factor to wrong way accidents in California, the state is taking steps to make our roads as safe as possible.
In July 2020, Caltrans and the UC Davis Advanced Highway Maintenance and Construction Technology Research Center released two reports detailing ways to prevent wrong way accidents.
The findings came after the completion of a three-year pilot study in which different methods of wrong way accident prevention were implemented on designated roads in California. The pilot study tried strategies including:
- Two-way reflective pavement markers that show white or yellow to right way drivers, and red to wrong way drivers
- “Wrong Way” signs at the off-ramp
- “Do Not Enter” signs equipped with LED lights flashing 24 hours a day
- Active monitoring systems that use radar to detect wrong way drivers and LED signs that activated when a wrong way driver entered the ramp.
The implementation of reflectors resulted in a 44% decrease in wrong way accidents on one stretch of road, leading Caltrans to install reflective markers on hundreds of miles of highways in the state.
As California takes steps to address infrastructure shortcomings that make wrong way accidents more likely, it’s up to drivers to do their part in keeping our roads safe.
If You Need Legal Help, Contact Us
At Berg Injury Lawyers, our California car accident lawyers have years of experience holding negligent drivers responsible, including those who cause wrong way accidents. If you’d like to speak to our team, contact us today for a free, no-obligation case assessment.
March 17th, 2021|
Your job is your livelihood. When an injury or illness makes it difficult or impossible for you to work, you need a way to replace your lost paychecks. Thankfully, there are two primary ways that people in California can get replacement income when they’re unable to work: workers’ compensation and Social Security Disability (SSD).
Because both are designed to give you money when you’re not capable of earning paychecks, it’s easy to get them confused. At Berg Injury Lawyers, we help people who suffer disabling injuries and illnesses get the compensation they need to replace lost pay checks when they can no longer work. That means helping them get SSD benefits.
Each injured worker’s case is unique, and some people’s injuries or illnesses mean they may be eligible for only one type of benefit. Others may be eligible for both. Our California SSD lawyers have years of experience building claims for disabled workers. That includes appeals when applications are denied.
Get the Facts on Workers’ Comp vs SSD Benefits
Laws related to workers’ compensation benefits and SSD benefits are completely different. They also have vastly different application requirements. Knowing the differences between these two types of compensation is important for anyone who can’t work and needs a way to replace their lost paychecks.
To learn more, check out the infographic below.
Understanding Workers’ Compensation Benefits
Workers’ compensation is a state-based, no-fault program that protects employees beginning on their first day on the job. It typically provides workers with two-thirds of their income and covers workplace injury- and illness-related medical expenses. It also shields employers from lawsuits filed by employees.
Here are a few key facts to note about workers’ compensation benefits:
- They’re paid to injured workers by their employer’s workers’ comp insurance policies.
- They’re overseen by each state’s Workers’ Compensation Board.
- They’re awarded for job-related injuries, illnesses, and disabilities.
- They’re designed to cover medical expenses, lost wages, and vocational rehabilitation.
- They’re based on your earnings in the past three months.
Let’s now turn our attention to SSD benefits and how they differ from workers’ compensation benefits.
Understanding Social Security Disability Benefits
Unlike workers’ compensation benefits, SSD is built to cover long-term, debilitating injuries. It can cover injuries and illnesses unrelated to work. It’s also a national program, unlike the state-based workers’ compensation.
Here are some of the most important things to understand about SSD:
- SSD is paid by the federal government, instead of the state, and is overseen by the Social Security Administration.
- SSD benefits are awarded for non-work-related injuries, illnesses, and disabilities that prevent a person from working.
- SSD is designed to cover the injured person’s living expenses.
- SSD benefits are based on how much you’ve earned over your lifetime.
As you can see, there are big differences between these two programs. Deciding which one applies to your situation and getting approved to receive that particular benefit can be difficult, but our team can help you determine which path is right for you and assist with your application.
Can You Apply for Workers’ Comp AND SSD?
Yes, you can apply for both. It can take months to be approved for SSD, but workers typically start receiving workers’ compensation benefits soon after their injuries. This means you can receive workers’ compensation while your SSD application is being processed and reviewed.
Things get more complicated when it comes to simultaneously receiving workers’ comp and SSD benefits, so it’s worth talking to an experienced attorney about your situation before you move forward with your applications.
We’ll Review All Your Options and Help You Make the Right Decision
In addition to workers’ compensation benefits and SSD benefits, California residents also may apply for the state’s own disability benefits. However, a recipient can’t receive them at the same time as workers’ compensation benefits.
It’s also important to note that both state disability benefits and workers’ compensation benefits are designed to be temporary; SSD benefits are designed to be more of a long-term income replacement. In fact, some SSD benefits recipients receive checks for the rest of their lives, or until they transfer to Social Security retirement benefits.
Because of the complexities involved with all three types of benefits, it’s essential to have an experienced law firm on your side that is looking out for your best interests when applying for the benefits you need.
Trust Our Experience and Track Record of Success
Both workers’ compensation benefits and SSD benefits are notoriously difficult to get and retain. Both the Social Security Administration and the California Division of Workers’ Compensation have strict criteria for approving claims from injured workers. And when they deny initial applications, successfully appealing their decisions is often an uphill battle.
Our team has years of experience and a thorough understanding of how state and federal bodies process claims and appeals. When you contact us, we’ll review the facts of your injury. We’ll then determine how it affects your ability to work and the best course of action for you. Contact our California SSD attorneys today for a free consultation.
This blog was originally published in February 2020. It was updated in March 2021.
March 15th, 2021|
San Francisco sees some of the heaviest traffic in the U.S. In fact, the Bay Area has the 7th worst traffic in the nation, according to INRIX, a company that provides location-based data and analytics.
INRIX determined that San Francisco commuters spent an average of 97 hours sitting in traffic in 2019 (and other studies estimate that time is even greater). If you’re one of the many commuters in the city, then you might be wondering what’s the worst time to get on the road (and get stuck in the dreaded San Francisco traffic).
The good news is that it’s not unpredictable! We’ve managed to pin down some of the worst traffic times in San Francisco. The bad news is that you might not be able to completely avoid these congested times of the day.
What Research Says About the Worst Traffic Times in San Francisco
In general, traffic peaks in San Francisco on Monday through Friday from 7 a.m. to 9 a.m. and again from 4:30 p.m. to 6:30 p.m., according to the city’s own estimates. The Urban Mobility Report from the Texas A&M Transportation Institute agreed to some extent, finding that the period between 4 p.m. to 6 p.m. on Monday through Friday sees the most traffic congestion.
This makes sense, as these are common “rush hour” times. However, other studies have suggested that different times of the day also present heavy congestion on our roads. Zendrive found that 11 a.m. to 2 p.m. was the worst period of the day for traffic in San Francisco.
Where you’re located and where you’re headed can also impact your travel times in the Bay Area. For example, if you’re headed north on Interstate 680 over the Sunol Grade, rush hour can start as early as 2 p.m. and last until 8 p.m.
To some extent, the data tells us what we already know: traffic in San Francisco can be brutal. However, if you can avoid traveling during the afternoon rush hour and plan your route wisely, you might be able to shave off a few collective hours from the annual number of hours you spend behind the wheel.
Frustrated by traffic? Learn 6 simple tips for dealing with Bay Area traffic.
Challenges Posed by San Francisco’s Heavy Traffic
Congested roads take a toll on the Bay Area in more ways than just frustration. First, there’s the potential “congestion pricing program” the city is considering. If implemented, drivers entering downtown and South of Market could be charged a fee in an effort to reduce the number of cars in these areas.
Second, those hours lost in traffic delays have an economic impact. INRIX estimates that the total annual economic cost of sitting in traffic is $1,348 per driver in the U.S. That’s because sitting in traffic jams digs into office hours, not to mention it subtracts from available recreational hours spent with loved ones or finding time to relax.
And, of course, heavy traffic and the frazzled nerves that come with it can put drivers at greater risks of being involved in certain types of crashes, including rear-end collisions and distracted driving accidents.
If you’re enjoying this article, you might also be interested in: What Are the Worst Traffic Times in Sacramento?
If You Need a Car Accident Attorney in San Francisco, Get Berg!
At Berg Injury Lawyers, our San Francisco car accident lawyers know how bad traffic can get. Not only do we also travel congested roads on the way into our many offices in Northern California, we represent clients who get severely injured in Bay Area car accidents.
We know the law, and we know what it takes to fight for the compensation our clients deserve. If you’d like to schedule a free consultation, contact us anytime to get started.
To learn more about traffic in California, check out the following resources:
March 8th, 2021|
If you trusted a mechanic to fix your vehicle only to get it back with the same or new problems, you’re likely wondering if the harm they’ve done to it opens them up to liability, especially if you got into an accident because of that faulty repair job. This happens more often than you might suspect, and there’s a clear answer to your question.
You can sue a mechanic if they were negligent in repairing or servicing your vehicle and that negligence resulted in damage to you or your vehicle. Of course, this means proving that the mechanic failed to do their job with a reasonable standard of care.
Proving Negligence on the Part of a Mechanic
It’s important to show a direct causation of the mechanic’s faulty work to the damages you experienced. In other words, it’s not enough to say that the mechanic worked on your vehicle and then you were involved in a crash. You must demonstrate that the mechanic’s work was the direct cause of your crash, injuries, or property damage.
Attorneys representing clients filing lawsuits typically have many potential ways to prove this. For example, they might have a crash expert or another reputable mechanic examine the vehicle, along with the circumstances of the crash, and connect the dots needed to prove the mechanic’s failure to repair or service your vehicle with a reasonable standard of care caused the crash.
Remember that the intentions of the mechanic are irrelevant to the case you’re making when seeking compensation for your damages. Personal injury lawsuits aren’t seeking to prove that the allegedly at-fault party (the defendant) deliberately meant to impair your vehicle’s performance or to cause you harm. You’re simply asserting that the mechanic made a mistake or acted carelessly, and that those actions resulted in your injuries.
How Mechanics Get It Wrong
Mechanics can make any number of mistakes when working on a vehicle. Careless actions by a mechanic can include:
- Failure to fix an existing problem
- Introducing another vehicular problem while repairing the original one
- Using the wrong part on a vehicle
- Failing to properly reassemble vehicle parts after a repair
These are just a few examples of auto repair negligence. There are many scenarios that could make a mechanic liable for the damages suffered by an injury victim.
Considerations After Possible Auto Repair Negligence
If you’ve been injured in a car accident, and you suspect that a mechanic’s negligence is responsible, remember that preserving the evidence will be key to proving your case. Don’t attempt to fix your vehicle without first consulting an attorney, so they can document the condition of your vehicle at the time of the crash.
Make sure you seek medical treatment as soon as possible after your injury occurs. Personal injury lawsuits are only successful when clear damages have been suffered by the person filing the suit. If you don’t establish that you’ve suffered injuries, you’ll have no damages on which to base your claim.
Contacting an attorney as soon as possible after your crash will help ensure that you do what’s needed to build a solid case while also helping you avoid common pitfalls people encounter when filing lawsuits.
Need Legal Help for an Auto Repair Negligence Case? Get Berg!
March 1st, 2021|
Unmarked crosswalks are very common throughout California. With the absence of pedestrian traffic signals, drivers and pedestrians might be confused about who has the right of way, but fortunately the law is very clear.
First, let’s look at what an unmarked crosswalk actually is.
What Is an Unmarked Crosswalk?
An unmarked crosswalk is the extension of a sidewalk, trail, or any other pedestrian pathway. They’re located exclusively at intersections. In other words, an unmarked crosswalk is anywhere a marked crosswalk could be but does not feature painted lines or a “walk” signal.
If there are no sidewalks or pedestrian pathways near the intersection, then there is no unmarked crosswalk either. However, the rules for pedestrians using an unmarked crosswalk and the rules for crossing a street where there is no unmarked crosswalk are the same.
What Should You Do at an Unmarked Crosswalk?
As a pedestrian, you must check to make sure that stepping into the unmarked crosswalk won’t put you in the way of oncoming traffic that presents a safety risk, for example, vehicles that are rapidly approaching and not stopped at a traffic signal or far away. However, once a pedestrian starts crossing the road, drivers should yield the right of way to the pedestrian.
Who Is at Fault When a Driver Hits a Pedestrian Using an Unmarked Crosswalk?
California law states that a pedestrian has a “duty of using due care for his or her safety.” That means they can’t walk into oncoming traffic. So, as long as the pedestrian entered the unmarked crosswalk safely, they may be able to hold the driver responsible for any injuries they suffer.
Determining fault isn’t always simple in cases involving a pedestrian collision. Drivers often assert, rightly or wrongly, that they weren’t at fault for the crash. Witnesses to the collision can be valuable resources for injured pedestrians who need to prove a driver’s fault when seeking compensation. Street cameras can also help establish liability in pedestrian collision cases.
What to Consider If You Were Injured at an Unmarked Crosswalk
If you’ve been injured by a negligent driver, you have the right to file a personal injury claim against the at-fault driver for the costs of your injury. It’s essential you also seek medical treatment as soon as possible after the injury.
In the hours, days, or weeks following your injury, you might be contacted by a representative of the driver’s insurance company. They’ll want you to give them a statement on the record. It’s important that you NOT speak to that representative.
Insurance companies often attempt to offer lowball settlements to injured people. It’s possible the offer an insurer makes you will be nowhere near enough to cover the many costs you face due to the actions of the at-fault driver.
Consider contacting an attorney as soon as possible after your injury occurs. Your lawyer will be able to help you determine how much you’re owed and deal with the insurance company on your behalf to fight for the compensation you deserve.
Need Legal Help? Get Berg!
At Berg Injury Lawyers, our California car accident attorneys have years of experience fighting for the maximum amount of compensation our clients deserve. We offer free consultations to help you explore your legal options. Contact our team today to get started.