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California Personal Injury Lawsuit Process

California Personal Injury Lawsuit Process

Have you recently been injured in an accident in California? If so, you might be entitled to compensation for those injuries. That compensation can go a long way toward paying down your medical bills, making up for lost wages due to the accident, and so much more. To obtain the funds you need to make your recovery easier, you need to file a personal injury lawsuit in California. Understanding the California personal injury lawsuit process is the first step to filing a successful claim in court.

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The Basics of the California Personal Injury Lawsuit Process

In the immediate aftermath of an accident that led to injury, you might not be thinking about filing a lawsuit. You might be focused only on what happened and the emergency help you might need. That being said, the decisions you make at the scene of the accident can have a long-lasting impact on your health and your potential to recover damages in the personal injury claim process. Let’s look at what needs to happen to present the strongest case possible.

Get Medical Attention

First things first: Make sure you’re as okay as you can be. That means getting medical attention right away. If you have severe injuries, calling for emergency services is your first step. If you don’t seem to have severe injuries, you should go straight to the doctor’s office anyway. The idea is twofold: First, you want to be checked out thoroughly and have any injuries treated immediately. Injuries left untreated can quickly get worse. Second, by getting professional medical attention, you ensure that your injuries are well-documented. That record of injuries and treatment will be vitally important when you file a personal injury claim.

Get All the Evidence

The more evidence you have of what happened, the better off you will be in court. No detail is too small. Take photographs of the scene or record the aftermath in a video clip on your phone. If you were in a car accident and you happened to have a dash cam, the footage on that camera can be incredibly valuable when you file a personal injury claim.

If you were seriously injured and didn’t have the opportunity to record anything about the scene, write down everything you can remember as soon as possible. Memories can become fuzzy over time, so write it down while the thoughts are still sharp and clear.

Turning Onto a Larger Road

When we turn onto a more significant road, we should always yield the right of way to oncoming traffic.
This includes driving down side roads, parking lots, driveways, alleys, and private roads.
We need to take extra precautions because car accidents can coincide from almost any direction at the same intersection. So remember to pay attention to those yield signs!

Follow Proper Reporting Procedures

The way you report the accident depends upon what happened and where it happened. For instance, a car accident should always be reported to local law enforcement; if it needs to be reported elsewhere, they can give you guidance. If it happened at work or on a job site, follow your employer’s instructions for reporting the incident. No matter who the accident is reported to, remember to document everything, either by taking photographs and video, or writing it down. It’s also a good idea to get information from any witnesses to the accident.

Get a California Personal Injury Attorney

The California personal injury lawsuit process can be overwhelming. Fortunately, the attorneys at McCrary Law Firm are well-trained to handle every facet of your personal injury claim. We can look over your information to determine the strength of your claim and how to proceed, and then walk you through the process of recovering what you deserve.

What Can You Recover in a Personal Injury Lawsuit in California?

When we talk about recovering damages in a personal injury lawsuit, there are a few different types. Economic damages are meant to compensate you for medical bills, the costs of medication, the cost of a new vehicle or repair of the old one, any special equipment needed to deal with your injuries, and more. Economic damages are for things that have an actual dollar amount attached to them. You can present the court with receipts and estimates for these damages.

Non-economic damages are those that don’t have an objective value. This might include compensation for the pain and suffering you experienced after the accident. It might take into account loss of the ability to do things on your own or the loss of life’s pleasures – what is that worth? Members of a jury can’t put a clear dollar amount on these sorts of damages, but they can award a figure that reflects what they believe you’ve endured throughout the personal injury ordeal.

In the California personal injury lawsuit process, you will quickly discover there is no cap on the amount you can recover in economic or non-economic damages, with one exception: There is a $250,000 cap on non-economic damages awarded in a medical malpractice lawsuit in California. While economic damages as a result of medical malpractice have no limit, only $250,000 can be awarded for pain and suffering.

The Statute of Limitations on Personal Injury Claims in California

A statute of limitations exists in the legal world to prevent plaintiffs from coming to court with a case that could be decades old. The statute of limitations on personal injury claims in California says that if you have bodily injury as the result of an accident, you have two years from the date of the injury to file a claim. There are some exceptions to this rule, such as when the government is at fault for the accident or when extenuating circumstances exist. Most individuals, however, will have to abide by the two-year statute of limitations.

This is a good reason to hire an attorney as soon as you can, because they can keep you informed and up-to-date on the statute of limitations and help you decide the timing of your claim.

How the California Personal Injury Lawsuit Process Works

Filing a personal injury suit in California courts doesn’t start with the lawsuit itself. It actually begins with a letter sent to the individuals who were involved in the accident.

The Demand Letter

After we investigate your case and determine that you do have a basis for a personal injury claim, we will create a demand letter. This letter notifies the other party of your intent to file a claim to recover damages. It might be sent to the individual themselves, to their insurance company, or to their attorney (if they have one). The letter will explain the situation, why we believe they are liable for damages, and the compensation that we believe is fair. This will be their opportunity to settle out of court.

In many cases, the demand letter will be rejected or simply ignored. That’s when we file the lawsuit.

The Claim for Damages

If the demand letter doesn’t get any traction, your attorney will file a formal claim in the proper California court. The claim notifies the other party, now known as the defendant, of your intention to recover compensation for your injuries. The claim will explain the law, lay out the facts of your case, and make a compelling argument about why the defendant is responsible for your injuries and should be required to compensate you appropriately.

They could ignore the demand letter, but they can’t ignore a lawsuit. If they try to ignore it, the court will enter a default judgment in your favor – so it is in their best interest to respond. Though they might ask to settle the case, they will likely reject your claims and want to take the case to court.

The Discovery Process

After the initial back-and-forth in court, the discovery process begins. This requires both parties to disclose information and evidence from each side that might be relevant to the case and allows for each side to formally question witnesses and individuals who might shed light on what happened. This formal questioning is called a deposition, and it is given under oath. This means that the person giving the deposition is legally bound by what they say in the deposition. These testimonies can be a strong element of the case.

The Settlement Negotiations

When each side sees the discovery and evaluates just how strong the case really is, a settlement might be offered. In fact, the vast majority of cases wind up being settled before they go to trial. Your attorney will look at the discovery and the odds of winning at trial to come up with a number that you find acceptable, and then there will usually be some discussion between the two sides to settle the case.

What If Your California Personal Injury Claim Doesn’t Settle?

If the case doesn’t settle, it’s time to go to trial. Though the trial can be quite time-consuming, stressful, and expensive, sometimes the settlement offer is far too low to cover your medical bills – and that’s before you take into account other costs as a result of your injuries. Talk with your attorney to be certain that going to trial is the best course of action for you.

When you go to trial, a judge or jury will make the decision: Should you be awarded damages, and in what amount? The trial might last for anywhere from a day to several weeks, depending upon the complexity of the situation. And in the end, you might not get your compensation right away, as the judgment and award can be subject to appeal by either side.

Choose the Right Attorney for Your Case

When you are choosing an attorney to represent you in your personal injury lawsuit in California, look to a seasoned, trusted attorney at the McCrary Law Firm. Our attorneys serve Northern California car accident victims as well as those who have sustained other personal injuries and need help navigating their way through the courts. An attorney with a reputation for winning cases can be more than enough incentive for the defendant to offer a proper settlement, but if they don’t, we have the skills and knowledge to represent you well in the courtroom. To learn more about the California personal injury lawsuit process and how we can help you, get in touch today.

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    What Does Yielding the Right of Way Mean

    What is Yielding The Right Of Way? - All That You Need To Know

    Have you ever been driving in California and had to yield the right of way? If you have, you know how important it is to understand this fundamental traffic law.
    Yielding the right of way isn't just about politeness - it helps keep traffic moving safely throughout our state.
    In this blog, we will break down what yielding the right of way means so that when out on California roads, all of us stay safer!
    So buckle up your seatbelt, and let's get into it- by understanding all the ins and outs with yield rules!

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    What is Yielding The Right of Way Means?

    Yielding the right of way means relinquishing your privilege to go first on oncoming traffic in certain situations.
    They may apply different conditions; whether you are at an intersection and come across a Yield sign or stop for a red traffic light, you must give other motor vehicles - whether cars, bicyclists, or pedestrians - precedence on the roads.
    By following these traffic laws diligently, we can prevent accidents on the road.
    So always remember to yield the right of way when it's required!

    How To Yield The Right of Way Properly

    Knowing the rules when we move to yield the right of way is essential.
    In most cases, you should yield to traffic on your left first, then to those approaching from the right. However, let's define them with some instances:

    Intersection Right Of Way

    Motorists need to be aware of the rules of the road when we move to think about who has the clear right of way at an intersection. Depending on the given scenario, this can vary from car to car and even from pedestrians or cyclists.

    • At a four-way stop, it's clear cut: the car that arrived first should get priority.
    • But, when multiple cars pull up simultaneously to a three- or four-way stop, drivers must yield to the right car. Additionally, making a left turn means yielding right of way to anyone in potential danger.
    • Even if there is no yield sign at an intersection, drivers must still yield to car traffic on through-road streets.
    • When it comes down to it, vehicle owners must always yield right of way first and foremost to pedestrians or cyclists at a stop sign - no matter who was there first.

    It's essential to familiarize yourself with these conditions to help avoid car accidents caused by failing to yield, as these types of incidents make up most failure-to-yield collisions!

    Turning Onto a Larger Road

    When we turn onto a more significant road, we should always yield the right of way to oncoming traffic.
    This includes driving down side roads, parking lots, driveways, alleys, and private roads.
    We need to take extra precautions because car accidents can coincide from almost any direction at the same intersection. So remember to pay attention to those yield signs!

    Yield Signs and Traffic Circles

    Whenever you come across a yield sign, it's essential to slow down or stop your car if necessary and let the vehicles already on the road or entering simultaneously go first.
    This can also help avoid car accidents and reduce congestion on the roads. It might be tempting to try and zoom through an intersection simultaneously with other cars, but that can be hazardous for all involved.
    Remember, when you come across a yield sign or approach a traffic circle, take some extra caution, pay attention to those around you, and always give way.

    Cyclist Right Of Way

    As car drivers and cyclists, it's important to remember the special traffic laws in place to protect multiple road riders.

    • Motor vehicle drivers must be wary of bicyclists and always look twice before merging lanes or turning at yield signs.
    • Additionally, car drivers must always yield at intersections simultaneously to any bicyclist who may be traveling alongside them.
    • Bike riders have the right to take the front lane if it is not wide enough for both riders and pedestrians, but they are also expected to travel with traffic flow and use a protected bike lane if their speed is slower than car drivers.
    • Lastly, riding a bicycle on the sidewalk may be restricted in certain areas, so car drivers should research their local county or city road rules for clarification.

    With these guidelines, car drivers can help keep everyone safe from car accidents!

    Pedestrians

    To ensure everyone's safety, it's important to remember that pedestrians have the way rights if they see marked and unmarked crosswalks.
    In other words, if a car and pedestrian arrive at an intersection simultaneously or when the pedestrian is already in the middle of a crossing, drivers must yield the right of way at those times.
    When approaching yield signs or bridges/tunnels set aside for pedestrians, car drivers must prioritize them over vehicles.
    But it's always best for pedestrians to be on the lookout for cars in areas that don't have designated crossings.

    Who Has The Right of Way - Drivers, Bicyclists, Pedestrians

    No matter where you're driving, it's essential to know the right-of-way rules that apply to drivers, cyclists, and pedestrians.

    • When approaching a yield sign or intersection, car drivers should always give way first and foremost to pedestrians or cyclists.
    • If you're turning onto a more extensive road, remember to yield the right of way to any oncoming traffic.
    • Regarding cyclists, car drivers must be aware of bicyclists and always look twice before merging lanes or making turns at yield signs.
    • Motorists must also yield at intersections to any bicyclist traveling alongside them.
    • Meanwhile, pedestrians always have the right of way in both marked and unmarked crosswalks, so car drivers must yield the right of way at those times.

    By following these guidelines, drivers can help keep everyone safe from potential car accidents!

    What are Some Common Mistakes People Make When Yielding The Right of Way?

    One of the most common mistakes people usually make when yielding the right of way is to pay more attention to the other drivers and pedestrians around them.
    Failing to look twice before merging lanes or making turns can lead to a dangerous situation.
    Additionally, some drivers may need to remember that cyclists also have rights on the road and must be considered.
    Finally, motorists may misinterpret yield signs as stop signs and slow down or come to a complete stop when it is not necessary.
    To avoid common mistakes like these, drivers must always remember to be diligent and aware of their surroundings when approaching intersections and yield signs. Doing so will ensure everyone's safety!

    When is It Not Necessary To Yield The Right Of Way?

    There are some cases when it is not necessary to yield the right of way, such as when a car driver has already entered an intersection and another vehicle or pedestrian approaches from a different direction.
    In these cases, the driver who entered the intersection first must be given priority.
    Another exception occurs when a pedestrian enters an uncontrolled intersection crosswalk at a time when the car driver is not legally obligated to yield.
    Finally, drivers are not required to yield the right of way if a cyclist travels faster than the speed of traffic and does not use a protected bike lane.
    By following these guidelines, car drivers can help keep everyone safe from potential car accidents.

    What Are Some Safe Driving Tips for When You Encounter a Situation Where You Need To Yield The Right Of Way?

    When approaching a situation that requires yielding the right of way, it's essential to be aware of the circumstances and follow these safe driving tips:

    • Slow down your motor vehicle and come to a complete stop if necessary.
    • Look both ways for pedestrians or oncoming traffic before proceeding.
    • Scan for cyclists and look twice before merging lanes or making turns.
    • Yield the right side of the way to pedestrians in both marked and unmarked crosswalks.
    • Pay attention to yield signs, stop signs, and other traffic lights.
    • Be aware of the speed limit and drive safely for the conditions.

    By following these tips, drivers can help you to make the safety of everyone around them.
    It's important to remember that yielding the right of way is not only the law but also a courtesy that must be observed to keep everyone safe.

    Who Is Responsible For Right Of Way Accident?

    It's essential always to be aware of your surroundings vehicles while driving.
    If a car accident results from one driver not yielding the right of way, they are liable for damages caused by the crash.
    This includes medical bills and expenses, physical pain and suffering, permanent disabilities or impairments, loss of wages, decreased earning potential, emotional and mental distress and anguish, and loss of enjoyment.
    All drivers should review their state's rules to understand what constitutes a failure to yield the right of way.
    Another driver can find their state's specific traffic code from their local DMV or review it in a Driver's Manual found at most car accessories stores.
    Lastly and most importantly, if you ever (unfortunately) get into a car accident involving failure to view yield traffic signs or enter an intersection simultaneously with another car - call the police immediately to report the crash!

    If you've been injured in an accident, it can be an extremely stressful and overwhelming experience - that's why securing legal help (personal injury law) is so important.
    At McCrary Law Firm, Our California car accident lawyers understand how difficult this can be and are here to advocate for you throughout the entire legal process.
    We offer a free consultation to discuss your options and develop a plan of action tailored to your needs.
    We are available for you 24x7, Contact our attorneys today to help secure the justice you deserve.

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      Californa Car and Booster Seat Laws

      Car and Booster Seat Laws - Ultimate Guide For California

      Are you a parent living in California? Looking for the most up-to-date information on car and booster seat laws? If so, then you're in luck. The ultimate guide to California car and booster seat laws is right here!
      As a parent, staying current on these laws can be challenging with all the changes that come into effect each year.
      From finding out if kids as young as two need to be using boosters or looking at maximum weight limits for harnesses - it can certainly be overwhelming!
      But have no fear — this ultimate guide will provide you with all the necessary details about California's car and booster seat law regulations so that you know exactly what is required to keep your family safe while traveling.
      Let's dive deeper into the car and booster seat laws in California.

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      What are The Laws For Car Seats in California?

      There are several laws for car seats in California according to different conditions.

      According to California Vehicle Code Section 27360:

      "Children must be in a proper child restraint (booster seat or safety seat) until they reach at least eight years old, and this law applies to the backseat. Exceptions: A child under 8 years of age but who is 4'9" or taller may use a regular seatbelt if it fits properly."

      According to Vehicle Code Section 27363:

      "Parents, legal guardians, or drivers who transport children under two years old on highways in motor vehicles must be buckled into a rear-facing child passenger system of restraints that meets federal motor vehicle safety standards, unless the child weight reach at least 40 pounds (19 Kgs) or is 40 inches tall."

      According to Vehicle Code Section 27360.5

      "This law requires that children who are 8 years or older but under 16 be properly secured in a child restraint or a vehicle safety belt that fits."

      Conditions

      Everyone faces different conditions according to their situations, child age, and physique.
      So the law may be effected differently upon them.
      After reading the above laws, we've covered some general conditions evolving in your mind.

      Rear-Facing Car Seat Law - For Child Under 2 Years

      California car seat law requires that rear-facing car seats be used to protect your young children when traveling in a vehicle.
      This is mandated for children under two years old and those meeting age height and weight limits - 40 pounds or 40 inches or less.
      Ensure you have the proper safety seat and follow protocols like using seat belts to secure the child properly.

      Forward-Facing Car Seats Law

      When a child has outgrown the rear-facing car seat's height and weight limits, it's important to transition them into forward-facing safety seats, complete with a seat belt, before taking them for any ride.
      Even if your child meets the age requirement of being at least four years old, double-check all the requirements, including weight and height limits, before switching from rear to forward facing.

      No More Special Car Seat

      As soon as children reach 8 years old or 4'9" in height, they may have graduated from the booster seat to the regular headrest/safety belt.

      What is the Legal Front Seat Age for Children

      In California, children aged 8 and taller than 4" 9' are legally allowed to precisely sit in the front seat; however, booster seats are highly recommended until age 13.
      This is because booster seats elevate the child so that a properly fitted seat belt can be worn properly across them according to the state's car safety laws.
      Booster seats also help protect smaller kids from serious injuries if a collision occurs.

      Laws for Child Booster Seats

      According to Law:

      "Children need a booster seat once they have reached the height or weight limits of their forward-facing harnesses. The average limits are between 40-65 pounds, but it is best to check the car seat's owner manual."
      As they grow up, kids can start to get excited about booster seats.
      When their weight or height exceeds the weight or height limit of their forward-facing harness, typically between 40 and 65 pounds, it's time to look out for booster seats that conform to California car seat laws.
      Remember, booster seats are designed for seat belts, so always check the owner's manual for height and weight limits.

      The Law Surrounding Leaving Children in Cars

      It is illegal to leave children under six unattended, even if they are strapped into a seat.
      The law also specifies the specific height and weight limits for infant car seats and that all passengers must be properly buckled with seatbelts.
      Ignoring these laws can result in hefty fines or worse.
      It's important to understand California's infant car seat laws and keep your children safe!

      According To California Vehicle Code Section 15620

      "Kaitlyn's Law, or California Vehicle Code section 15620(a), forbids anyone from leaving a child that is under the age of six unattended in a motor vehicle without supervision by someone aged 12 years or older."

      The Law for Smoking in a Car with a Child

      Smoking in a motor vehicle while carrying a minor is an infraction in California, strictly enforced by law.
      The California Highway Patrol doesn't want drivers to take any risks; they want drivers and passengers to be safe and secure when buckling up the lap belt and having a child sit in the car.
      Smoking during these situations can put everyone at risk, so it's best to avoid lighting those cigarettes when children are inside the car.

      What are The Consequences Of Not Following Car and Booster Seat Laws in California?

      The consequences for not following California Car and Booster Seats laws can be very serious.
      If a driver is caught driving without properly restraining their child, they can face fines of up to $500 and may even be issued a citation for child endangerment.
      Additionally, if a car accident occurs due to the improper use of a car seat or booster seat, the driver can be held liable or responsible for any injuries or damages to the child.
      It is important to remember that Car and Booster Seat laws in California are put into place for a reason: to ensure the safety of our children.
      Therefore, it is too important to be aware of California's Car and Booster Seat laws and always ensure that your child is properly restrained when riding in a car.

      How Can I Find The Right Car Seat or Car Booster Seat For My Child's Age and Weight?

      Finding the right car seat or booster seat for your child is important for their safety and security.
      The best method/way to do this is by consulting Car Seat Laws in California, which will provide you with information on the age and weight limits for all types of car seats available in the state.
      Once you have found a suitable car seat or booster seat, you should always read the owner's manual before using it.
      The Car Seat laws in California also require that your child use a Car Seat or car Booster Seat until they are 8 years old or 57 inches in height, whichever comes first.

      Additional Tips For Keeping Children Safe in the Car

      • Make sure your children/child is properly restrained in a car seat or booster seat
      • Consult Car Seat Laws in California to find the right car seat or car booster seat for your child
      • Always read the owner's manual before using a car seat or booster seat
      • Keep children away from cigarettes and smoking in cars
      • Follow Car and Booster Seat laws in California to avoid fines or citations
      • Be aware of the consequences for not following Car and Booster Seat laws in California

      By following California Car and Booster Seats laws, you can ensure that your children are safe and secure when riding in a car.

      Conclusion

      That's all you need to know about California's car and booster seat laws. These tips will help keep your children safe while you're on the road.

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        California Car Accident Laws

        California Car Accident Laws

        California car crashes can be simple fender-benders that damage your vehicle and hurt your pride. They can also be devastating crashes that result in substantial property damage, life-long severe injuries, or even death. If you or someone you love has been in an accident in California, chances are you're worried about where the responsibilities might lie. To figure this out, it helps to begin by understanding California car accident laws, your role in reporting the accident, and what might happen if the accident leads to some legal action. Read on to find out what you need to know about car accident laws in California.

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        What Are the Requirements for Car Insurance in California?

        California car accident laws can be confusing, especially since California is a comparative negligence state. We'll get into the concerns about fault later on this page. Now, let's start by looking at what you should have well before any accident occurs – car insurance.

        The Minimum Requirements for Car Insurance in California

        If your vehicle is registered in California, you must prove that you have the financial responsibility to recoup someone's losses if you get into a car accident. There are a few ways to do this, but most find it easiest to do it by obtaining insurance.

        California's minimum requirements for car insurance are set forth by California Vehicle Code §16056. This requires the following coverage in the event of a car accident in California or elsewhere:

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

        This is also known as 15/30/5 coverage. You are required to carry a valid proof of insurance with you while you are in your vehicle. You must provide that proof if it is requested by law enforcement, you are involved in a car crash, or you are renewing your vehicle registration. If you can't provide proof of insurance when asked, you can face various consequences. In most cases, these consequences take the form of fines. But if you are in a California car crash, you might lose your license if you don't have proof of insurance coverage. Let's be honest: The 15/30/5 rule is a bare minimum of coverage. Consider property damage – getting into a car accident in California can easily result in property damage much more expensive than anything $5,000 can cover. That's one of the reasons why car insurance companies in California are required to offer underinsured and uninsured motorist coverage.

        What is Underinsured or Uninsured Coverage?

        California Insurance Code §11580.2 offers motorists the option of purchasing insurance policies that cover them if they are in a car crash with someone who has no insurance or carries the minimum. You don't have to get this insurance, but if you decline it, you must state that in writing. Remember that uninsured motorist coverage pays for the costs of bodily injury to you and those in the car but only up to the limit of your liability coverage. So if you have the 15/30/5 minimum, the uninsured motorist protection only reaches that 15/30/5 threshold. That still might not be enough to cover the injuries in a car crash in California or anywhere else. Underinsured motorist coverage is a bit more robust, as it stacks onto the insurance the other person has. If they have a minimum of $5,000 property damage liability and your vehicle needs repairs that total $8,000, your underinsured motorist insurance can cover that difference of $3,000.

        Other Types of California Car Insurance Coverage

        Because the 15/30/5 coverage is pretty thin, even more coverage options are available to help you avoid the consequences of California car accident laws. Consider getting protection against a California car crash through these additional policies:

        • Medical Payments Coverage – This protects you against high medical bills due to a covered accident.
        • Collision Coverage – This coverage kicks in to protect you when there is a California car crash with another vehicle
        • Comprehension Coverage – This covers everything else that could happen to your vehicle, such as a tree falling on it after a storm or damage sustained during an earthquake
        • Theft Coverage – if someone steals your vehicle or even an integral part of your vehicle, this insurance covers you.

        On the other hand, there are ways to avoid car insurance coverage altogether. For example, California Vehicle Code §16002 allows you to show proof of financial responsibility by depositing $35,000 cash to the DMV, obtaining a surety bond of at least $35,000 from a company licensed in California, or getting a self-insurance certificate from the DMV. However, remember that your financial responsibilities after a California car crash can go much further than this, which is why insurance is still your best option.

        California Car Accident Laws Require Reporting

        If you suffer an accident in California, you must stop at the scene. If someone needs medical assistance, try to render the proper aid. Call 911 immediately in the event of bodily injury or death as a result of the car crash. If you leave the scene without checking on others who were involved in the accident, you could be charged with a hit-and-run, which turns what would have been a straightforward accident into a legal nightmare.

        If you do not need to call 911 or get the authorities involved immediately, there are other obligations. If you are involved in a California car crash, you are legally obligated to report it if the property damage exceeds $1,000 and/or if there is any personal injury. According to California Vehicle Code § 20008, you must report the accident to the authorities within 24 hours. Your insurance company or your attorney can also report it for you.

        When you fill out the accident report under California car accident laws, you must include the following:

        When you fill out the accident report under California car accident laws, you must include the following:

        • Your personal information
        • The names and addresses of all persons involved who have bodily injury
        • Date, time, and location of the accident
        • Personal information of all drivers, including birth date and license information
        • Insurance information for all drivers
        • An explanation of the damages and/or injuries

        If you do not complete this form or do not have the proper insurance at the time of the accident, you might lose your driving privileges for a while.

        Understanding the Statute of Limitations for Car Accidents in California

        After a California car crash, you must file a legal claim within a certain time. If you have property damage, you must file a claim three years from the accident date. If you have a bodily injury due to the accident, you have two years from the accident to file your claim. There are some reasons why that statute of limitations can be extended: if the defendant is imprisoned or can't be located, if the victim was minor or disabled at the time of the accident, or if there is a reasonable delay in discovering the accident-related injury. Your attorney can help you determine if any of these exceptions apply to your case and how much time you have under the statute of limitations. What if you believe your accident was caused by the state, county, or local city's negligence? For example, what if you suffered an accident when your vehicle was damaged by a pothole or obstruction in the road that could only be fixed by the highway department? In a case like this, it's a good idea to hire a car accident attorney to handle an administrative claim, and you must file within 180 days. To learn more about this special type of filing, read California Government Code §911.2 or get in touch with us today to learn more about your reporting requirements and rights.

        Understanding California Accident Fault Laws

        California is a comparative fault state. That means anyone involved in a California car crash can be held financially responsible for the harm caused by accident. Victims can still get compensation for their damages even if they contributed to the accident. When more than one person is involved in an accident, they will be held responsible for their degree of fault. However, if one person is fully responsible for the accident, they might not be able to get compensation. But what sort of compensation are we talking about? California car accident laws clarify that those who suffer personal injury can recover economic and non-economic damages. Economic damages are those that can be verified somehow. These can include medical bills, lost earnings, property replacement or repair costs, and more. These economic damages can often be proven with receipts or bills. Non-economic damages are more subjective. These damages can include financial compensation for pain and suffering, inconvenience, loss of companionship or consortium, and more. However, you can't recover anything for non-economic damages if you didn't have insurance at the time of the accident or if you have been convicted of a DUI.

        Get a California Car Crash Attorney Today

        Getting into a car accident can be frightening, inconvenient, or even deadly. It can be even more nerve-wracking when you don't fully understand California car accident laws. That's why it's so important to speak with an experienced car crash attorney from McCrary law firm who can examine all the evidence, answer your questions, and guide you toward the best route for your particular situation. As every accident is very different and California accident fault laws can be quite confusing, you'll need someone well-versed in the law to walk you through what comes next. Get in touch with us today to help you rest easier about the next steps after your California car accident. Call us now at (855) 752-6326 for a free car accident case evaluation. We are available 24/7 and would be happy to help you with your questions.

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          How Different Car Colors Affect Your Chances of Getting into an Accident?

          How Different Car Colors Affect Your Chances of Getting into an Accident?

          Do you know what color car is least likely to get into an accident? Many people need to realize that the color of your vehicle can affect your chances/possibilities of getting into an accident
          . This blog post will discuss how different car colors affect your chances of getting into the worst accident. We'll also provide qualifying tips on choosing the best prominent color for your car.
          . So, whether you're in the car market or showroom for a new car or just curious about the research, read on!

          After reading this blog post, you'll know which car colors are most likely to get into accidents and why. You'll also know how to choose the right color for your car based on your needs. So, if you're looking for information on how different appearing car colors affect your chances of getting into the worst accident, this blog post is for you!

          Have a question?
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          Different Car Colors And Their Effects On Accidents

          The car or vehicle you drive can say a lot about you. Your car color can reflect your personality, taste, and even your mood.
          But did you know that your car color can also affect your safety on the road? That's right - different car colors can have other effects on accidents.
          Studies have shown that specific car colors are close to being involved in accidents than others. So if you're looking to avoid a car accident, choose your car color carefully!

          Here are some of the most dangerous car colors

          Black Cars

          While drivers should be aware of the risks associated with all car colors, black cars pose an exceptionally high risk.
          As stated above, black or dark cars have a higher risk of getting damaged in a car accident than other colored cars. Black vehicles had a 12 percent higher accident/crash risk than white cars.
          One reason black or dark cars might be involved in more crashes/accidents is that they can be more challenging to see at night.
          Black cars also do not stand out as much as cars with brighter colors.
          This can make it harder for drivers to see black cars in low-light conditions, increasing the chances of an accident.
          Drivers considering buying a black car should weigh the risks and benefits carefully.
          While black cars may be stylish, the increased risk of getting involved in an accident is something that all drivers should consider.

          Gray Cars

          A new study has found that grey cars are more likely to be involved in car accidents than any other color car.
          The research showed that grey cars had an 11 percent higher crash risk than white ones. This is believed to be because grey cars do not stand out and can blend into the background.
          This becomes especially problematic during poor weather conditions when seeing grey vehicles can be more challenging. So if you're looking for a safe car, choosing a color will make it convenient for other drivers to see you.
          Also Read: How Soon Should I Do Visit a Chiropractor After a Car Accident?

          Silver Cars

          As the colors relate to each other too much in the same way. Silver vehicles or cars share the same problem with grey vehicles of being challenging to be seen in poor weather conditions.
          Silver vehicles can also blend into city backgrounds (maybe you've experienced that), especially when surrounded by tall, metallic buildings. For these reasons, it is essential to be extra careful when driving a silver car.
          Consider a white car if you are looking for a vehicle less likely to be involved in an accident.
          White cars are the least likely to get involved in an accident, making them a safer driver choice.

          Blue Cars and Red Cars

          In one study, blue and red cars were found to have a 7-percent higher crash risk than white vehicles.
          This is because the colors are even more appealing-vibrant and catch the eyes of someone driving the vehicle more than darker colors.
          Red cars could also blend in with lights, especially traffic lights, stop signs, and emergency vehicles, but darker-colored cars are not as likely.
          While car color may not be the only factor in car accidents, it is essential to consider it when choosing a color.
          For those looking for a safe car color, brighter colors are the best option.
          Here are some of the safest car colors:

          White Cars

          As stated before, white cars are significantly less than is to be involved in accidents.
          This is because white colors are more visible than other colors, making it easier for other drivers to see white cars on the road.
          White cars also have a higher reflectivity, which can help drivers see them better in low-light conditions.

          Yellow

          When it comes to car colors, there are a few that stand out as being the safest.
          Yellow and gold cars are two of the most visible car colors on the road, which can help to prevent accidents.
          Yellow is an attention-grabbing color that makes it easier for drivers to see, especially against darker backgrounds. Gold car colors are also prominent and help drivers to see the car in traffic.
          These car colors are not only safer for drivers, but they also help to minimize the number of accidents on the road.
          The following colors aren't trendy but easy to detect on the road.

          Orange

          Orange is another color that is very visible on the road.
          Although it is not as common as yellow, orange is a bright color that can pop against most backgrounds. Orange car colors are also evident and help drivers to see the car in traffic.
          These car colors are not only safer for drivers, but they also help to minimize the number of accidents on the road.

          Green

          Green is another color that is very visible on the road.
          Like yellow and orange, green is a vibrant color that stands out against most backgrounds. Green car colors are also evident and help drivers to see the car in traffic.
          These car colors are not only safer for drivers, but they also help to minimize the number of accidents on the road.
          If you are thinking or even looking for a car color that is safe and visible, consider choosing one of these colors.
          White, yellow, orange, and green are all great car colors that will help prevent accidents. Consider one of these bright and visible hues
          . You'll stay safe on the road and make a bold statement simultaneously!

          Is The Car Color The Main Reason Of An Accident

          A car's color does not determine how safe it is. Car color has no bearing/significant effect on accident risk. The driver's behavior decides the risk of an accident, not the car's paint.
          Many accidents are caused by distracted driving, texting while driving, impaired driving, aggressive driving, speeding, and tailgating. These are all poor decisions made by the driver, not the car.

          Choosing a car based on its color will not make you any safer. Be a great driver and make intelligent and responsible decisions behind the wheel to avoid accidents.
          Also, Read Important Things You Need To Consider Know About "HIT & RUN" In California

          How To Choose The Best Color For Your Car To Avoid Accidents

          Cars come in all different colors, but have you ever thought about how the color of your vehicle could affect your safety on the road?
          While it may not seem like an important consideration, the reality is that the color of your car can significantly impact your visibility to other drivers and, as a result, your risk of being involved in an accident.
          So if you got a question like, what are the best and worst types of colors for car safety? brighter colors are better than dark colors when making your car visible to other drivers.
          White, yellow, and orange colors appear and stand out, even in low-light conditions. On the other hand, dark colors like black, blue, and red can be much more challenging to see, especially at night.
          This is why many experts recommend avoiding these colors if you're looking for a safe car.
          Of course, other factors contribute to car safety beyond just color. But if you're looking to minimize your risk on the road, choosing a bright color is an excellent place to start.

          Contact Experienced Car Accident Attorney

          Our experienced car accident attorneys @ McCrary Law Firm are here to help if you are in an accident. Contact us today, we're ready for free case consultation, and we'll review your case at no cost.

          FAQs

          What Color Car Is Least Likely To Hit?

          The White color car is the least likely to hit.

          What Color Car Gets In The Most Accidents?

          The black color car gets in the most accidents.

          Does the Color Of Cars Matter in an Accident?

          The driver's behavior determines the risk of an accident, not just the car's color. But the color of cars matters. But, Many accidents are caused by distracted driving, texting while driving, impaired driving, aggressive driving, speeding, and tailgating. These are all poor decisions the driver makes, not just the car.

          FREE CONSULTATION 24/7, NO FEES UNTIL WE WIN .
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            Important Things You Need To Know About “Hit & Run” In California

            Important Things You Need To Know About "Hit & Run" In California

            Have you been involved in a hit and run accident in California? Then, you need to know the consequences and laws relevant to that specific accident. This article will help you understand all the Hit & Run Consequences and laws to make the best decisions for your case.

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            We’re here to help 24/7.
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            Legal Definition Of Vehicle Code 20002 – Hit and Run

            According to California Vehicle Code 20002, the driver of a vehicle involved in an accident resulting only in damage to any property, including cars, must immediately stop at the nearest location that won't impede traffic or jeopardize the safety of other motorists. If you especially got involved in a hit and run accident, you must stop your vehicle and exchange information with the other driver. If you left & failed to do so, you could be charged with a misdemeanor crime.

            What Are The Requirements Of The Driver After An Accident?

            According to vehicle code 20002, the driver who is involved in an accident that results in only property damage is required to stop the vehicle immediately. The driver of the vehicle must then take reasonable steps to locate and inform the damaged property owner about the driver's name and address. This is typically done by leaving a note on the damaged property.

            The driver must notify law enforcement about the accident if the property owner cannot be located. Moving the vehicle under these circumstances does not affect any fault determinations that may be made. Therefore, drivers need to be aware of their responsibilities in the event of an accident.

            Following these requirements can help to avoid potential legal problems and ensure that everyone involved is properly protected.

            Here are the key points of what I discussed with you above:

            • Locate The Owner Of The Other Vehicle.
            • Present The Current Address Of the Driver and Registered Owner.
            • If Requested, Present your Driver's License & Vehicle Registrations!
            • If the vehicle owner is not present, leave a note to them and write the address information and circumstances of the accident!

            What If The Vehicle Is Parked and Empty?

            After any vehicle accident, it is essential to follow the requirements of the state where the accident occurred. Each state has different needs, but generally, the driver must stop their vehicle and remain at the scene of the accident.

            The vehicle driver must also exchange information with the other driver, including their name and contact information. If there are any passengers in the vehicle, they must also exchange information. In some states, the driver must call the police, even if there are no injuries.

            It is essential to know the state's requirements so that you can take appropriate action after an accident.

            What Is The Evidence Needed To Convict A Hit And Run Case?

            Any lawyer will advise you to collect as much information as possible about your hit and run accident. You need evidence when filing a claim or lawsuit as a victim. You'll need the following important types of evidence for your case:

            5 Evidences Needed Hit & Run In California | McCrary Law Firm
            • Security, CCTV, or Surveillance
            • Footage of the accident, if available.
            • Testimony from witnesses or accident reconstruction experts.
            • Any bills, legal documents, estimates, or invoices you receive for your medical treatments or property repair/replacement costs.
            • Your medical records.
            • Documents from your work especially pay stubs or time off requests, indicate your lost wages.

            Evidence is critical in these cases and can make the difference between winning and losing your case. So make sure to get as much evidence as possible.

            What Are The Penalties For Leaving The Scene After a Hit and Run Accident?

            The penalties or consequences can be significant if you are convicted of a misdemeanor hit and run. You may take about six months in jail plus a fine of up to $1,000. In addition, your driver's license may be suspended for up to a year. The judge may also order you to complete community service or pay restitution to the victim.

            The penalties or consequences for a hit and run are severe because leaving the scene of an accident is seen as a disregard for the wellbeing of others. Of course, it is possible that the accident itself may have been unintentional. Still, fleeing comes across as a deliberate criminal choice, even if you didn't realize you were supposed to pull over.

            5 Evidences Needed Hit & Run In California | McCrary Law Firm

            Because the consequences of a hit and run conviction are so severe, it is vital to fight the charge if you have been accused of this crime. If you've been injured in an accident, an experienced attorney can help you investigate the incident and build a strong case. Do not hesitate to seek legal help if you face hit and run charges. Read: Procedure Of Police Investigation on Fatal Car Accident

            Possible Defenses To Vehicle Code §20002 Misdemeanor Hit And Run

            There are some possible defenses against hit and run charges that may work depending on the details of your case. Possible defenses of vehicle code 20002 are as follows:

            • The driver of the car or vehicle did not realize an accident had occurred
            • No damage occurred
            • Damage only happened to the driver's car
            The Driver Did Not Realize an Accident Had Occurred

            The driver may have been unaware that an accident occurred because the damage was minor. The prosecution in the case must prove beyond a reasonable doubt that the defendant was aware of the accident and failed to take action, such as leaving identifying information or contacting law enforcement. If the damage were so minor that it would not have been reasonable for the driver to believe that an accident had occurred, then the prosecution would not be able to meet its burden. As a result, in the end, the charges should be dismissed.

            No Damage Occurred

            No damage occurred as a result of the accident. Suppose the prosecution cannot prove an essential element of the crime. The driver had no knowledge that damage had occurred. As a result, the brakes failed, and the driver bumped into a fence. However, the driver did not notice any damage caused by the accident. The lack of damage proves that the accident did not cause harm. The only qualifying way to know for sure is to inspect the vehicle by a qualified mechanic. If the mechanic finds no damage, then none likely occurred.

            If, however, the mechanic does find damage, then it is possible that the accident did cause it. In either case, there is no evidence that the driver knew that any damage occurred, so the prosecution in the court cannot prove an essential element of the crime.

            Damage Only Occurred To The Driver's Car

            According to the law, individuals are only guilty of vandalism if they cause damage to the property of another. In the case of our driver, they did not cause any damage to the property of another - the only damage was to their car. Given this information, convicting the driver of vandalism would be unjust.

            Damage occurred only to the driver's car, so they should not be held liable for any damages.
            The law is clear on this point: individuals are guilty of vandalism only if they cause damage to someone else's property. In this case, no such damage occurred, so the driver should not be convicted.

            Overview Of Hit & Run With Injury – VC 20001

            In California, it is a felony to hit someone with your car and then flee the point of the accident without stopping to render aid or exchange information, as required by law. This crime is a "hit and run" and is punishable by up to four years in state prison and a minimum fine of $1000.

            Suppose you are involved in a hit and run accident that results in injury to another person. In that case, you face an even more severe charge: felony hit and run causing damage under California Vehicle Code section 20001. This offense is punishable by many years in state prison and a considerable fine.

            5 Evidences Needed Hit & Run In California | McCrary Law Firm

            If the victim dies from the accident, you could be charged with vehicular manslaughter while intoxicated (VC 23153), which carries a potential prison sentence of four, six, or ten years. In addition to any vehicle-related criminal penalties you may face, you will also likely have your driver's license suspended for one year.

            Furthermore, the consequences of a hit and run accident are severe. Therefore, if you are involved in such an accident, you must stop at the scene and comply with the law.

            Examples Of Hit & Run With Injury

            A hit and run accident is a collision where one of the drivers fails to stop and exchange information or render aid. Examples of hit and run accidents include: A driver hitting pedestrians in the crosswalk and then speeding off.

            A driver is hitting your unattended parked car without leaving contact information or any means of collecting damages. Therefore, if you are unfortunately got into a hit and run accident, it is essential to remain calm and take the following steps:

            • Call The nearby Police even if there are no injuries; it is important to file a report as this will be essential if you need to make an insurance claim.
            • Get Medical Attention.
            • If in case, you or anyone involved in the accident is injured, it is vital to get medical attention as soon as possible.
            • Collect Evidence.
            • If possible, try to get the license plate number of the other vehicle or any other identifying information. Take pictures of the damage to both cars and get the contact information of any witnesses.
            • Contact Your Insurance Company.

            Your insurance company will likely have a process in place for hit and run accidents. They can suggest/advise you on what steps to take next. In some cases, they may even offer coverage for damages even if the other driver is not identified.

            If you become the victim of a hit and run accident, taking quick and decisive action can help you minimize the financial impact and regain control over the situation.

            5 Evidences Needed Hit & Run In California | McCrary Law Firm

            Some Related Crimes Hit & Run in California

            There are some related crimes to hit and run with injury. These include:

            • Felony hit and run – VC 20001
            • Driving under the influence – VC 23152a
            • Driving without a license – VC 12500a
            Felony Hit and Run – VC 20001

            VC 20001 is the California law that defines the crime of felony hit and runs. This vehicle section makes it a felony for a driver to hit & run the scene of an accident when another person is killed or has a severe injury. In addition, drivers of the vehicle are supposed to stop and give reasonable assistance to injured persons.

            This is a wobbler offense if you violate vehicle code 20001. It has to be charged as either a felony or a misdemeanor. A misdemeanor charge for this crime can result in imprisonment in the county jail for up to one year, whereas a felony charge entails up to three years in state prison.

            This crime is taken very seriously by law enforcement and prosecutors in California. Suppose you are going through charges for a Felony Run. In that case, it is essential to contact an experienced professional personal injury attorney who can help you defend your rights and fight for the best possible outcome in your case.

            Driving Under The Influence – VC 23152a

            Driving a vehicle under the influence is a severe offense in California. VC 23152a makes it a crime for a person to operate a motor vehicle while "under the influence" of alcohol. "Under the influence" means that a driver is impaired to the point where they can no longer drive safely.
            In California, this statute can prosecute motorists even if their blood alcohol concentration is below 0.08%.

            California penalties for a first, second, or third DUI offense under VC 23152a include misdemeanor probation, fines, DUI school, and a suspended license. However, it might be possible to continue driving if the defendant installs an ignition interlock device in his car.
            If you have ever been charged with (vehicle law) driving under the influence, it is important to seek experienced & professional legal counsel as soon as possible.

            Driving Without a License – VC 12500a

            In California, driving without a license is what we call a "wobblette" offense. This designates that it has the potential to be charged as either a misdemeanor or an infraction non-criminal. In addition, driving without a valid claim is a violation of Vehicle Code 12500 VC. If you drive without a license, you could be fined up to $250.

            VC 12500a is a criminal offense in California that can result in up to six months of imprisonment and a fine of $1,000. If caught driving without a request, you could face some serious penalties. If you have been charged with driving without a license, you should contact an experienced professional injury attorney who is ready to help you to fight against the charges and protect your rights.

            5 Evidences Needed Hit & Run In California | McCrary Law Firm

            Contact An Experienced Hit & Run Accident Attorney in California

            Hit and run accidents can be very complicated, especially if there are injuries involved. That's why it's essential to have a legal team on your side that understands the ins and outs of California law. At McCrary Accident Injury Law Firm, we have extensive experience helping victims of hit and run accidents get the compensation they deserve. If personally you or someone you love has been injured in a hit and run accident, don't hesitate to contact us today for a free consultation. We would be happy to discuss your case with you and answer any questions you may have.

            FAQs

            Is Hit and Run a Felony in California?

            Hit and run would be a felony in CA if the accident resulted in death or serious bodily injury. The penalties or consequences can include up to four years in prison and a fine of up to $10,000.

            How Long Do You Have To Report a Hit and Run in California?

            You must report a hit and run to the police as soon as possible. This includes writing the accident even if you are not the driver who hit the other vehicle. You may also require/need to provide information such as your name, address, and registration number to the other driver.

            Does California Police Investigate Hit and Run?

            Yes, California investigates hit and run accidents. If the police have any leads, they will follow up to identify the driver who fled the scene.

            Can You Sue Someone For a Hit and Run in California?

            Yes, you can sue someone for a hit and run in California. In addition, if you can identify the driver who fled the scene, you may be able to file a personal injury lawsuit against that person.

            What is The Penalty For Leaving The Scene of an Accident in California?

            The penalty for leaving the scene of an accident in California depends on the severity of the accident. If the accident resulted in death or serious bodily injury, the penalty could include up to four years in jail/prison and a fine of up to $10,000. If the accident resulted in property damage, the penalty is typically a fine of up to $1,000.

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              How Soon Should I Visit a Chiropractor After a Car Accident?

              How Soon Should I Visit a Chiropractor After a Car Accident?

              Accidents happen all over the world, especially in busy states like California. Some are more serious than others, but all can cause injuries. If you have been in a car accident, you may wonder how long you should wait before getting a chiropractor appointment.

              Should you go immediately facing a car crash? What if you don't feel injured? What if your injuries are minor? All of these are legit questions. So let's answer them one by one.

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              We’re here to help 24/7.
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              How long should I wait before going to a chiropractor after a car accident?

              Injuries after car accidents can range from minor to severe, and seeking treatment immediately after the accident is essential. Because when a medical professional examines your injuries, they will suggest, depending on the severity of your injuries, whether you should visit a chiropractor or not.

              Sometimes, we feel fine after an accident and don't think we need to see a doctor. Our adrenaline is flowing, and we don't feel any pain. However, it's essential to get checked out by a medical professional as soon as possible after an accident. Injuries from auto car accidents can take days or even weeks to develop, so getting a complete medical evaluation as soon as possible is essential.

              Some injuries, like Whiplash, can take weeks to develop; it's vital to get checked out even if you don't feel pain immediately.

              A chiropractor can help identify any injuries you may have, even if they don't appear serious. A person's personal health history, the type of accident, and other factors can all affect how soon they should see a chiropractor.

              At McCrary Law Firm, we recommend that you see a doctor within 72 hours of facing this accident. Our experienced team of car accident lawyers has seen firsthand how important it is to seek treatment early. Suppose you wait too long to see a chiropractor, especially when the other party is at fault. In that case, the other insurance company may say your injuries are pre-existing or unrelated to the accident. Delaying your treatment will only make your condition worse. If you are in pain, the sooner you start treatment, the better.

              What are the symptoms of Whiplash injuries?

              • Neck pain and stiffness
              • Shoulder pain and stiffness
              • Headaches
              • Dizziness
              • Fatigue

              It's crucial to attend medical care with the above-mentioned synonyms. In addition, a chiropractor can help identify any injuries you may have, even if they don't appear serious.

              Will I get Paid for Chiropractic Treatment?

              One common question that accident victims have in mind is whether or not their insurance will cover chiropractic care. Sadly, many insurance companies try to deny coverage for chiropractic care, even though it is an essential part of treatment for many car accident injuries.

              The good news is that there are a few ways to get coverage for your chiropractic care, even if your insurance company denies your claim. To increase your chances of getting coverage, we recommend the following:

              Get a referral from your doctor

              Many insurance companies will only cover chiropractic care if a medical doctor recommends it. Therefore, make sure your primary care physician gives you a referral before you seek treatment from a chiropractor.

              Find a chiropractor specializing in car accident injuries

              Find chiropractors for auto accident injuries rather than those who focus on other areas. These chiropractors are more likely to be familiar with the insurance process, which means they are more likely to get your insurance company to approve your claim. Make sure to find a chiropractor who has experience treating car accident victims so your chances of getting coverage from your insurance company.

              Get a letter of medical necessity

              Many insurance companies will only cover chiropractic care if there is a letter of medical necessity from a medical doctor. This letter states why you need chiropractic care and how it will help your recovery. Make sure to get a letter of medical necessity from your doctor before seeking treatment from a chiropractor.

              Keep records of your treatment and progress

              You need to record all chiropractic appointments, treatments, and progress. This will help you prove to your insurance company that the treatment is necessary and help you recover from your injuries.

              Follow your treatment plan

              Many insurance companies will only cover chiropractic care if it is part of a larger treatment plan that includes other medical professionals, like orthopedists or physical therapists. So follow your treatment plan and keep all appointments to increase your chances of getting coverage.

              Appeal the decision

              If your insurance company does not accept your claim, you have the right to appeal the decision. Make sure to gather all the evidence you need to support your appeal, like letters of medical necessity and records of your treatment and progress.

              What if my accident was minor?

              Just because your accident was minor doesn't mean you didn't suffer any injuries. Unfortunately, many people don't realize that even a minor car accident can cause serious injuries. As we discussed earlier, Whiplash is a typical car accident injury that can occur even in low-speed collisions.

              It doesn't matter if the accident you faced was minor; we recommend you call your primary care physician and get his appointment as soon as possible. He can check for any injuries you may have suffered and recommend further treatment if necessary. But also make sure your primary care physician specializes in auto-car injuries, as not all doctors treat patients with auto-car injuries. This is due to the medical billing insurance system, which classifies codes differently for automobile accident patients.

              What is the Maximum Time Should I Wait to Seek Treatment?

              There is no maximum time limit for seeking treatment from a Chiropractor for a car accident. However, seeking treatment as soon as possible after the accident is essential. The sooner you seek treatment, the sooner you can start your recovery and get your life back on track.

              It's also essential for insurance purposes. Insurance companies often deny claims if the victim didn't seek treatment within a specific time frame after the accident. This time frame can vary from insurance company to insurance company, so it's essential to check with your insurer. The law states every accident victim has a specific time to file a personal injury claim. This is called the statute of limitations.

              In California, the statute of limitations for car accident injuries is two years from the date of the accident. It gives you two years to file a personal injury claim for your car accident injuries. But we still recommend not waiting until the last minute to seek medical attention and file a claim. We believe the sooner you seek treatment, the better your chances of getting coverage from your insurance company. And if you delay filing a claim, you may be barred from receiving any compensation for your injuries.

              Also, remember sometimes, minor injuries can turn into significant injuries over time. For example, a minor neck pain injury can become a debilitating condition like chronic pain, or a back injury can turn into a herniated disc if it's not treated correctly. And a herniated disc can lead to chronic pain and disability if it's not treated correctly. So, seeing a chiropractor after a car accident is always a good idea, even if you don't think you have any injuries.

              Contact A Car Accident & Personal Injury Lawyer in Califronia

              If you have faced any kind of injury in a car accident in california, contact McCrary Law Firm. Our experienced California car accident lawyers will manage your case from start to finish so that you can focus on your recovery. We recommend and believe in immediate care following an accident and will get you in to see one of our carefully curated providers as soon as possible. We also offer a free consultation so that you can learn more about your legal options without obligation. Contact us today at (855) 752-6326 to discuss your case; we are available 24/7.

              FREE CONSULTATION 24/7, NO FEES UNTIL WE WIN .
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                Procedure Of Police Investigation On Fatal Car Accidents – All You Need To Know

                Procedure Of Police Investigation On Fatal Car Accidents - All You Need To Know

                Have you or someone you know been in a fatal car accident? If so, it is vital to know the procedure for police investigation of fatal car accidents. This process is often complex, but the police report is essential to your case.

                Fatal motor vehicle accident investigations require different steps to reconstruct what happened as part of a more extensive, complex process.

                Keep reading to learn more about the procedure of police investigation on fatal car accidents so that you can be prepared if you ever find yourself in this situation.

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                Steps Of Fatal Car Accident Investigation Procedure

                When a car accident occurs, it is often necessary for the police and other officials to investigate what happened. This process can be complicated, mainly if there is a fatality involved. Here are the steps that are typically taken in a fatal car accident investigation.

                1. Contributing Conditions to the Crash
                2. Observation of the Accident Scene
                3. Determine Criminality
                4. Interview Drivers and Witnesses
                5. Inspect Vehicle Damage
                6. Document Evidence of the Accident
                Procedure Of Police Investigation On Fatal Car Accidents | McCrary Accident Injury Law Firm
                Contributing Conditions to the Crash

                Contributing conditions to the crash must be identified in the first step of the investigation. This can include weather conditions, road conditions, speed, alcohol or drugs, and anything else that may have played a role in the accident. All these factors will help contribute to what happened and how to prevent future accidents. By taking the time to look into all of these details, we can understand what went wrong and work to improve safety for everyone on the road.

                Observation of the Scene

                Observing the scene is a significant part of police work. The police will come to the location and process it, photograph it, document it, and do all the things you might not remember to do. Observing the scene carefully will help the police officer piece together what happened and identify potential evidence. There are a few things that you can do to help the police with their investigation.

                1. First, try to remain calm and avoid disturbing anything at the scene.
                2. Second, note anything you see or hear that seems out of place.
                3. Finally, if you have any information about what happened, tell the police.

                By cooperating with the police and providing them with accurate information, you can help them to solve crimes and keep your community safe.

                Determine Criminality

                When deciding whether to charge a driver with a crime following an accident, police and prosecutors will look at many factors to determine criminality. If the accident resulted in serious injuries or death, the driver could be charged with assault or manslaughter, which can lead to lengthy prison sentences.

                A car accident caused by a driver committing another crime, such as fleeing from a police pursuit, will likely be treated as a crime scene. In addition, if the driver was under the influence of drugs or alcohol at the time of the accident, they may face DUI charges.

                Ultimately, the decision to file criminal charges will be based on the facts and circumstances of each case.

                Interview Drivers and Witnesses

                Once the emergency personnel starts assisting victims, law enforcement agents do their best to preserve any fragile evidence and take statements from those involved in the fatal crash and witnesses.

                Law enforcement will interview all drivers and witnesses to get as much information as possible about what occurred before, during, and after the crash. This information can help determine what caused the crash and who may be at fault.

                In addition, law enforcement may also consult with accident reconstruction experts to help piece together what happened. By thoroughly investigating all aspects of a crash scene, law enforcement can help ensure that justice is served.

                Inspect Vehicle Damage

                After a fatal motor accident, it is essential to conduct a thorough investigation to determine the cause of the accident and any possible legal liability. One qualifying step in the investigation is an in-depth examination of the vehicle. This step involves measuring the damage and checking things like the brakes, tire condition, and so forth. In addition, investigators will often interview drivers and witnesses to get their accounts of what happened. By carefully examining the evidence, investigators can piece together what happened and identify any possible contributing factors.

                Document Evidence of the Accident

                In addition to scene mapping, evidence left at the roadway is documented using photographs and video. Don't forget Police reports are primarily for insurance company use. This provides an unbiased view of what occurred during the accident and can be used to help reconstruct the events that took place.

                In some cases, dashcam footage from vehicles involved in the accident may also be available, providing valuable information about the moments leading up to the collision. Once all the evidence has been gathered, a team of police reconstruction experts will work to determine the cause of the accident and identify any contributing factors.

                This information can be used to help prevent similar accidents from happening in the future.

                Procedure Of Police Investigation On Fatal Car Accidents | McCrary Accident Law Firm

                Contact An Experienced Fatal Car Accident Attorney in California

                If you are involved in a fatal car accident, it is essential to understand the process the police will go through to determine what happened. The steps listed above provide a general overview of what to expect. If you have been injured in a car accident and would like more information or legal advice, please contact McCrary Accident Injury Law Firm today for a free consultation. We are here to help you get the compensation you deserve.

                FAQs

                What Is The Most Fatal Car Crash?

                The fatal car crash is when a vehicle veers off the roadway and crashes into another object. These accidents are deadly, making up 32% of all fatal car accidents. Most often, the driver is at fault for these accidents due to speeding, texting while driving, or driving under the influence.

                How Do You Deal With a Fatal Car Accident?

                If you are involved in a fatal car accident, it is essential to stay calm and contact the police. Once they arrive, you will need to cooperate with their investigation. This may involve giving a statement, providing evidence, or taking a polygraph test. It is also important to contact an experienced car accident lawyer who can help you navigate the legal process and protect your rights.

                What State Has The Most Fatal Car Accidents?

                The answer to this question is not as simple as it may seem. While some states have more car accidents overall, the rate of fatal accidents in Mississippi has the most fatal accident registered in 2017 research.

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                  How To File A Car Accident Claim With Farmers Insurance?

                  HOW TO FILE A CAR ACCIDENT CLAIM WITH FARMERS INSURANCE?

                  Farmers Insurance is a major insurance provider for cars, homes, and businesses in the USA. Like many other major companies, Farmers Insurance is careful with its earnings and looking for cost-cutting opportunities. As a result, insurance companies often engage in practices such as providing clients the lowest possible compensation for their claims and undervaluing customers' vehicle replacement costs when they have an accident.

                  If you have been involved in a car accident, you should know the steps necessary to make a claim with Farmers Insurance. However, filing a claim may be complicated, especially if it's your first time. This article will guide those who have been involved in a car accident in California and are considering submitting a claim with Farmers Insurance. We'll also provide you with advice on what to do if an accident happens to you.

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                  We’re here to help 24/7.
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                  Farmers insurance tactics after California accidents

                  They boast on their website that many individuals transition to Farmers Insurance every day. Although that's good for business, it doesn't help if you've been injured and need Farmers to help you. It would be good if they cared about you enough to pay you quickly to save you from having to declare bankruptcy due to the high cost of your medical treatment.

                  Unfortunately, Farmers Insurance will be more concerned with denying your claim to save money for flashy TV ads. You will seek compensation from the at-fault driver's insurance policy, but Farmers Insurance may deliberately ignore your claim.

                  They hope you will give up and grow hopeless as you continue to lose money from not being able to work as you get well. You may have depleted your funds and are having difficulties paying your rent and car payments on time. Farmer's adjusters think this will be enough to convince you to accept their initial, low-ball settlement offer.

                  What to do if you're in a car accident?

                  The first thing you should do if you're ever in a car accident is to stop the vehicle. Your hazard lights should be on after you have come to a complete stop. Try to pull over to the side of the road if possible. It is important to alert other vehicles of your position if you cannot move your car by setting up cones or flares.

                  Instead of finding out what caused the accident, focusing on how to respond is essential.

                  • Check out for injuries.
                  • Call 911
                  • Take pictures of the scene and the damaged vehicles.
                  • You should collect the other driver's contact information, such as the driver's name, address, phone number, and insurance details.
                  • You should also collect the details of any witnesses to the incident.
                  • Don't accept fault for the accident, as this may damage your claim.

                  It's recommended that you also contact the authorities to make a formal accident report. You should tell the authorities all you know about the car crash while standing up for your rights and those of your passengers.

                  Steps for Filing a Farmers Auto Insurance Claim

                  Knowing what to expect at each stage of the auto insurance claims procedure is essential. Here are some possible following measures to take in your pursuit of financial compensation from Farmers Insurance:

                  Document the accident

                  Get as much information as possible from witnesses at the site of the accident before making a claim with Farmers Insurance, whether Farmers is your own insurance company or the negligent motorist's insurance company. It's a good idea to document the accident's location and any injuries or damage using photos taken from different perspectives on your smartphone. To convince Farmers Insurance to make a fair settlement offer, your Farmers car insurance claims attorney might consult with an accident reconstruction specialist to prove, in part, that you were not at fault for the accident.

                  Collect information from everyone involved in the accident, including witnesses

                  Any witnesses to the accident, as well as anybody directly engaged, should have their names, contact information, and any other identifying information they may have written down. Then, with the support of your attorney, you may have productive conversations with these people, strengthening the case for why the other driver should be held responsible and why you should be compensated for your losses.

                  Contact your insurance provider immediately

                  Any insurance policyholder, regardless of whether they're covered by Farmers Insurance or not, would be wise to get in touch with their insurer as soon as possible after an accident to begin the claims process. If the insurance company asks you questions about your opinion of the crash's cause or how it happened, stick to the facts and make it evident that you'll be referring the agent to your lawyer for advice.

                  Farmers Insurance is not on your side

                  Remember that the insurance company is not on your side and will not argue for your right to compensation. Whether you have been paying into a Farmers Insurance policy for years or are submitting a third-party Farmers Insurance claim through the responsible party's insurance company. Therefore, a lawyer is the only person who can effectively negotiate an insurance settlement on your behalf.

                  You should see a lawyer about your Farmers insurance claim

                  A Farmers vehicle insurance claims attorney can help you file a claim and pursue compensation as soon as possible.

                  Do not give an insurance company a recorded statement or acknowledge fault throughout a claim's investigation. The insurance company will use your statement against you as evidence. Don't add details that weren't asked for. Instead of making guesses if you don't know the answer, admit to not knowing the answer. Do not sign if the insurance company sends you anything, especially a Medical Authorization Release Form.

                  Finally, it would be best if you did not accept an insurance settlement offer before consulting with a lawyer. Your injuries, medical costs, and property damage may be too significant for the initial settlement offer to cover. A California personal injury attorney can help you get the most money possible from the insurance company.

                  Contact An Experienced Personal Injury and Car Accident Lawyer Today

                  Car accidents are a daily occurrence, and they can happen to anybody. Some of them are relatively harmless, while others can be deadly.

                  Even the most careful and responsible drivers will have accidents eventually, but knowing how to file a claim will help you be better prepared.

                  Don't file a claim for a car accident without first gathering as much information as possible about what happened. Prepare yourself to discuss compensation for physical injury as well as physical loss. Saying you aren't wounded when you make the initial call might come back to haunt you.

                  While honesty and openness are always commendable qualities, there is a proper and improper manner to providing facts. Any insurance company can acquire an advantage if you speak too quickly and freely (without legal assistance).

                  If you need legal representation in California, look no further than McCrary Accident Injury Law Firm. Regardless of the type of insurance or coverage, the other driver has, our team of qualified attorneys is here to help. Contact McCrary Law Firm - A Personal Injury and Car Accident Law Firm in California at (855) 752-6326. Call us for a free initial consultation, and we are available 24/7.

                  FREE CONSULTATION 24/7, NO FEES UNTIL WE WIN .
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                    California Motorcycle Helmet Laws

                    CALIFORNIA MOTORCYCLE HELMET LAWS

                    Do motorcyclists in California have to wear helmets?

                    According to information compiled by the Governors Highway Safety Association (GHSA) and National Center for Statistics and Analysis (NHTSA), there were 4,885 Motorcycle Rider Fatalities in 2017, and 515 of them happened in California. Most accidents on the road can be avoided, yet accidents still happen. More deaths occur among motorcyclists who choose not to wear helmets.

                    The Golden State is one of just 19 states that requires helmet use for all motorcyclists. Although helmets have been shown to reduce the frequency of fatalities among riders and passengers, the number of states mandating their use has decreased. The term "universal helmet law state" refers to states like California that require the use of helmets for all riders and passengers.

                    California Motorcycle Helmet Laws | McCrary Law Firm

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                    Call or Text Us Now (855) 752-6326

                    California Motorcycle Helmet Law

                    Motorcyclists in California must wear motorcycle helmets under California Vehicle Code 27803. When operating a motorbike or riding a motorized bicycle in California, all riders must wear safety helmets that meet state requirements. It is against the law in California to ride a motorcycle without a safety helmet. To comply with California motorcycle helmet laws, you must use head protection certified as safe by the federal helmet safety standards. In addition, the straps on the helmet must be able to securely hold the helmet in place on the wearer's head.

                    The National Highway Traffic Safety Administration reports motorcycle helmets saved 1,859 lives in only one year. Even though wearing a helmet reduces the risk of fatal head and brain injuries, most states do not mandate that all motorcyclists do so. In many states where helmet rules exist, they apply solely to riders under the age of 18 or 19 or those without specific types of insurance.

                    It is against the law in California to ride a motorbike without a helmet. Therefore doing so can result in a traffic stop and a penalty. You can get a $250 fine for each time you get caught riding without a helmet. If you were breaking another law, such as speeding or dangerous driving, the consequences might be more severe when you were caught not wearing a helmet. If things become bad enough, the police could even seize your motorcycle.

                    Comparative negligence in California motorcycle accidents

                    In the case of car crashes, California follows the "tort liability" system. Thus, the negligent driver must pay for the other party's damages in the event of an accident. You should consult a motorcycle accident injury attorney to determine whether or not you should submit a claim with the at-fault driver's insurance company or pursue legal action. Why would it matter if you were wearing a helmet if the other motorist was at fault? The answer—is comparative negligence.

                    The idea of comparative negligence, often known as comparative fault, is used in tort law to assign liability in cases involving personal injuries. In determining damages, when a court has found negligence on the defendant's side, the jury may divide blame among the parties. As a result, the amount of liability is reduced by the plaintiff's share of the responsibility.

                    Types of helmets required in California

                    The United States Department of Transportation (DOT) mandates that all motorcycle helmets sold in the US meet specific safety requirements.

                    To ensure their products are up to par, helmet manufacturers must submit their products to a series of tests:

                    • Impact: What protection does the helmet offer against head-on collisions with big objects?
                    • Positional Stability: Will you have the helmet on your head when it counts?
                    • Retention System Strength: How well do the chin straps keep the helmet in place when there's an impact?
                    • The extent of protection: Where on the head does a helmet provide protection?

                    You can tell if a helmet is up to DOT regulations by looking for a certification sticker. Compared to other agencies, the DOT has relatively low requirements. Snell Memorial Foundation, a nonprofit organization, evaluating helmets for safety for over 50 years, sets the industry standard. As a result, Snell standards provide superior protection compared to DOT minimums, and you can count on seeing helmets that Snell has approved.

                    It doesn't matter where you buy your helmet; you should always look for these features:

                    • Size: Even with extra padding, your helmet should provide a snug fit around your head.
                    • Strap: The helmet should stay on your head once the chin strap has been fastened. The strap should go over your ear and chin without wiggle room.
                    • Fit: Your helmet should sit slightly over your eyebrows and low on your forehead.
                    • Sticker: Check for DOT stickers that prove the helmet satisfies federal safety standards.

                    Motorcycle helmet manufacturers occasionally make mistakes in the design or execution, which go unnoticed by the appropriate parties until a biker's helmet fails.

                    Snell suggests regularly replacing your helmet every five years. If you've been in an accident on your motorbike and think your helmet may be to blame, you should talk to an attorney specializing in motorcycle accidents. They may recommend filing a product liability claim against the helmet maker, distributor, or retailer.

                    What Happens If I Don't Wear a Helmet in California?

                    Potential Criminal Consequences

                    In California, you can't hop on your bike and go for a spin without a protective helmet on your head. According to the California Highway Patrol, not wearing a helmet poses a threat to public safety and can result in a fine of up to $250 and probation for up to a year.

                    Civil Consequences of Not Wearing a Helmet

                    The legal consequences of riding a motorbike without a helmet can be considerably more severe than a fine and probation. In some cases, your power to sue for damages after an accident may be reduced if you were not wearing a helmet.

                    If another party is also at fault, an accident victim who partially caused their injury or accident might still seek compensation. However, if you were partly at blame, the amount of damages you might collect would be lower.

                    How not wearing a motorcycle helmet can impact an injury claim?

                    While other states mandate the use of a helmet for riders under a particular age, California enforces this rule for all motorcyclists. All motorcyclists, regardless of age, must wear motorcycle helmets when on the road. A motorcycle injury claim can be negatively affected if the injured party was riding a motorbike or motorized bicycle without a helmet, as this violates the law.

                    After a motorbike accident, the insurance company will investigate whether the rider was wearing a helmet. When establishing fault in a case involving a motorcycle accident in California, whether or not the rider was wearing a helmet is crucial. Like all other personal injury cases, a motorcycle accident claim centers on the idea of negligence. According to the state's comparative negligence rule, plaintiffs in California can be held responsible for their injuries if they were also partially responsible. Therefore, the opposing party or insurance company may try to keep you accountable for your injuries if you were riding a motorbike without a helmet and were involved in an accident.

                    Victims of motorcycle accidents who weren't wearing helmets may receive less money for their injuries because of their negligence. Therefore, their monetary compensation (including economic, non-economic, and even punitive penalties) would be decreased proportionally to their degree of responsibility.

                    According to California's "pure comparative negligence policy," an injured party may be up to 99% at blame and yet be entitled to financial compensation. Compensation, however, will be reduced by the victim's assigned percentage of fault. For example, if you sustained brain damage in a motorbike accident and were found to be 25% at fault because you weren't wearing a helmet, your payout would be reduced from $100,000 to $75,000. A California motorcycle accident injury attorney can help you maximize compensation under California's comparative negligence law.

                    Contact An Experienced Personal Injury and Motorcycle Accident Lawyer Today

                    A motorcyclist's risk of injury in an accident is far higher than that of a passenger car driver or truck driver. It has been shown that motorcyclists are at a far higher risk of injury and death than other motorists. Most motorcycle accidents do not involve other vehicles, but when they do, motorcyclists are more vulnerable because of their lack of safety. Additionally, when an accident occurs, the victim's physical pain, financial burden, and mental stress can increase if the victim is not wearing a helmet.

                    If you need legal representation in California, look no further than McCrary Accident Injury Law Firm. Regardless of the type of insurance or coverage the other driver has, our team of qualified attorneys is here to help. Contact McCrary Law Firm - A Personal Injury and Motorcycle Accident Law Firm in California at (855) 752-6326. Call us for a free initial consultation, and we are available 24/7.

                    FREE CONSULTATION 24/7, NO FEES UNTIL WE WIN .
                    Call or Text Us Now (855) 752-6326

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