Category: Blogs

California Motorcycle Helmet Laws

Post author By Dan McCrary
Post date October 6, 2022

CALIFORNIA MOTORCYCLE HELMET LAWS

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Motorcycle safety is a critical concern, especially in states like California, which has one of the highest rates of motorcycle fatalities in the country. With 515 rider fatalities reported in 2017 alone, the importance of wearing a helmet cannot be overstated. California’s universal helmet law mandates that all motorcyclists, regardless of age or experience, must wear helmets. This law aims to protect riders from severe head injuries and fatalities.

In this article, we will shed light on the specifics of California’s helmet laws, the types of helmets required, and the potential legal and financial consequences of riding without a helmet. Understanding these regulations is essential for all motorcyclists to stay safe and compliant on the roads.

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.

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Table Of Contents

1. Do motorcyclists in California have to wear helmets?

2. California's Motorcycle Helmet Law

3. Comparative negligence in California motorcycle accidents

4. Types of helmets required in California

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

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

7. Contact An Experienced Personal Injury and Motorcycle Accident Lawyer Today

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California Motorcycle Helmet Laws

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.

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Blogs Car Accident

Who Is The Best Car Accident / Personal Injury Lawyer In Sacramento To Sue Insurance?

Post author By Dan McCrary
Post date September 16, 2022

Best car accident / personal injury lawyer in sacramento to sue insurance | McCrary Law Firm

WHO IS THE BEST CAR ACCIDENT / PERSONAL INJURY LAWYER IN SACRAMENTO TO SUE INSURANCE?

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If you want to get the most out of your car accident case settlement in Sacramento, CA, you should hire legal representation. With so many lawyers claiming to represent people who have been in car accidents, how do you know the best car accident/personal injury lawyer in Sacramento to sue insurance?

There are several factors to consider before hiring an attorney to file a lawsuit against an insurance company. Naturally, you'd like to choose the best lawyer you can manage to pay for. However, there are several reasons an individual can decide to file a lawsuit against an insurance company; hence, there is no universally "best" counsel for such cases.

You must consider your needs to find the "best" attorney in Sacramento to sue insurance. As such, you need to ask yourself, "Why do I want to sue? "Whose insurance firm do I want to sue?" Many people have a misconception that they can file a personal injury claim against the insurance company of the person who caused their accident – technically, that's not how it works. Read on for a more in-depth breakdown of why that is the case and tips on choosing the most competent attorney for your specific needs.

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Table Of Contents

1. Choosing The Right Lawyer For You

2. What to Look for in a Car Accident Attorney?

3. Why Are You Suing an Insurance Company?

4. Whose Insurance Company Are You Suing?

5. Insurance Companies Are Not on Your Side

6. Insurance Company Tactics

7. Engaging in Negotiations with the Insurance Company

8. Can I File a Car Accident Lawsuit On My Own?

9. Contact An Experienced Personal Injury and Car Accident Lawyer Today

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Choosing The Best Car Accident / Personal Injury Lawyer In Sacramento To Sue Insurance

Talking to your doctor is the first step in filing a successful claim. A medical professional can identify, treat, and document injuries sustained in an accident. Once it has been determined that your injuries were sustained in an accident, you should seek the best personal injury lawyer to represent you. It would be best if you had a personal injury lawyer well-versed in the California state and local laws that might affect your case to get the most compensation. Researching the areas of expertise of the many attorneys available to you is a wise move.

Finding a car accident lawyer who has handled situations like yours before is essential. Looking at a car accident attorney's profile is a smart first step in determining if their background is relevant to your legal needs. For example, the attorneys at certain law firms work together to get their clients maximum compensation. In contrast, at others, a single lawyer handles everything from divorce to criminal defense to personal injury lawsuits. Those that specialize are usually the best at what they do, which is true across all professions.

What to Look for in a Car Accident Attorney?

Any good car accident lawyer will be more than willing to sit with you, answer your questions, and address your concerns. They must be excited to share their knowledge and stories of working with insurance companies after a car accident.

A good car accident lawyer should be able to tell you if you have a case and what your options are after only one appointment. Next, please find out how successful they have been in similar situations to yours. A car accident lawyer's success rate is something they should be proud of and be willing to share. If they avoid answering, you may want to remove their name from consideration.

Here are some questions to ask when looking for the best car accident lawyer in Sacramento to sue auto insurance;

Experience: After only one consultation, they should be able to tell you whether or not you have a case and, if so, what those alternatives are. Find out if they have dealt successfully with situations comparable to yours. The lawyer's track record of winning cases is something to be proud of and talk about confidently. If they do not respond, it may be best to exclude them from consideration.
Trial experience: Most personal injury lawsuits arising from car accidents are resolved without resorting to court. But, when required, your attorney should have experience taking such claims to trial and winning.
Communication and availability: The lawyer's responsiveness to your questions and concerns should be evaluated, as should the frequency with which you get case updates. In addition, you should hire an attorney who is an excellent communicator and can explain the details of your case in a way you can follow.

Why Are You Suing an Insurance Company?

There are several reasons someone would want to file a lawsuit against an insurance company. To get the most out of your case, it is always advisable to get legal representation from someone with experience working with people in comparable situations. To rephrase, if you're suing your insurance company for breach of contract, you need an attorney with a track record of success in cases against insurance companies that have failed to live up to the provisions of their policies. These are some reasons why you might want to sue an insurance company;

Bad faith
Breach of contract
Claim denial
Low settlement offer
Failure or refusal to defend the policyholder in legal proceedings

You have a strong base if your case falls into any of the reasons above. But if you want to sue someone's insurance company, you're simply suing that person, not their insurance company, even if the insurance company is defending the policyholder in court.

Whose Insurance Company Are You Suing?

The chances of you suing an insurance company are pretty low. People often think they are suing an insurance company because they represent defendants in cases (the person at fault for an accident). However, it is common practice for the defendant's insurance company to pay the victim's compensation, and the insurance company aims to pay as little as possible to the victim. That's why having a solid legal team backing you up while you fight for justice is essential. In most situations, your legal team can determine who was at fault in an accident and make that individual financially accountable for paying damages. If you win a case and the insurance company pays the compensation, you win in court against the defendant, not the insurance company. If the defendant who caused the complainant's injuries has no insurance, but the complainant has underinsured motorist coverage, they can sue the insurer for failing to provide compensation.

Insurance Companies Are Not on Your Side

You can rest assured that the at-fault party's insurance company will try to settle your claim for as little as possible. However, we understand that the aftermath of a car crash extends far beyond damage to your vehicle. The cost of fixing your car is little compared to the cost of treating an injury, caring for loved ones, missing work, and dealing with emotional discomfort. Therefore, we'll work hard to get you the largest possible compensation to help offset these incidental expenses.

Insurance Company Tactics

Insurance company personnel and adjusters will often contact persons injured in car accidents caused by another driver as soon as they become aware of the accident. Victims may be asked to give recorded statements and sign waiver papers. Insurance companies take such measures to reduce the financial impact of unexpected claims.

Releases are often broad consent forms that provide insurance companies access to an individual's whole medical record. This is something they want to be able to do to shift responsibility for someone else's injuries away from the accident itself and onto some other occurrence. Unfortunately, this might significantly complicate efforts to demonstrate the claim's merit.

Insurance companies also like to have recorded statements from victims shortly after accidents occur so that they can use such statements later as evidence in any personal injury claims the victims may file. People should hold off on discussing the incident and signing any documents until they have consulted with competent personal injury lawyers. Then, all they have to do when adjusters call is say that they have to get in touch with their attorneys first.

Engaging in Negotiations with the Insurance Company

After a vehicle accident, an insurance adjuster will visit your house immediately to get you to take responsibility or accept a low settlement offer. You should contact your car accident lawyer as quickly as possible after an accident, but you should avoid communicating with anybody from the at-fault driver's auto insurance company. A few well-chosen words might make it sound like you caused the accident or that your injuries are not severe.

Do not settle for any offer or sign documents related to your car accident before consulting with an experienced attorney. Insurance companies can put you under pressure to sign a settlement for far less than you're owed. In addition, insurance adjusters have a well-deserved reputation for intentionally miscalculating the value of claims to avoid paying the full benefits to which victims are entitled.

Suppose the insurance company puts a settlement offer forward. In that case, our lawyers will negotiate for maximum compensation to cover your accident-related expenses, including medical care, lost wages, and future earnings potential.
Negotiating with an insurance company on your own is not a good idea. They have devised ways to ensure you obtain a little payout. That's why it's crucial to choose seasoned attorneys who have seen it all and know all the nasty techniques insurance companies employ to get you to settle for as little as possible.
Our car accident lawyers will negotiate with insurers on your behalf and only accept fair settlements.

Can I File a Car Accident Lawsuit On My Own?

When seeking compensation after an accident, a complainant can act as their attorney. However, individuals cannot bring legal action on their own if they act as an agent for a business, bring a class action suit, or act as a guardian on a minor's behalf. You shouldn't file your lawsuit if you don't know your way around a courtroom and the state's laws. Filing a lawsuit will require you to figure out how to build a solid argument and argue it convincingly. In addition, you'll need to prepare questions and know how to submit witness testimony.

Self-representation in a legal proceeding is challenging, even for those familiar with the law. In addition, most legal issues are settled out of court, never reaching a judge's table. Therefore, this might be a disadvantage if you act as your lawyer.

Experienced personal injury attorneys have a much clearer picture of what it would take to get you back on your feet regarding medical bills and lost wages. They will hold out until the insurance company's adjusters eventually make a settlement offer that fairly compensates you for all your losses. Insurance companies will often make much lower settlement offers if they determine that they are not working with an attorney. Making a settlement decision based on gut instinct might cost you thousands of dollars.

Insurance companies have deadlines that they won't tell you about. For example, you only have two years from the date of your accident to bring a claim for personal injuries. If you procrastinate, your possibility of getting the money you need will be gone.

Contact An Experienced Personal Injury and Car Accident Lawyer Today

After a car accident, you should get the advice of a personal injury attorney immediately. The aftermath of an auto accident may include fixing damaged vehicles, paying for medical care, and dealing with psychological distress. Your current and future medical bills lost earnings, repair costs, and non-economic damages will all be considered by an experienced car accident and personal injury attorney. So you can rest easy knowing you have chosen a respected and successful personal injury and car accident lawyer.

If you need legal representation in Sacramento, 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 Sacramento at (855) 752-6326. Call us for a free initial consultation, and we are available 24/7.

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Blogs Dog Bite

How Much Is A Dog Bite Case Worth In California?

Post author By Dan McCrary
Post date September 2, 2022

How Much Is A Dog Bite Case Worth In California?

Home » Blogs • Dog Bite

How Much Is A Dog Bite Case Worth In California?

While dogs make great companions, they are still animals, and a bite or assault from "man's best friend" might leave you with severe injuries and a visit to the hospital. Dog attacks and bites can inflict serious physical harm and lead to high medical expenditures and a considerable decrease in quality of life due to the trauma the victim experiences. In addition, dog owners are held legally liable for their pet's behavior; therefore, you can sue them for compensation if you suffer an injury resulting from a dog bite.

But how much is a dog bite case worth in California? So, the amount you might expect to get in a settlement for a dog bite depends on several factors in your case. And you must hire an expert attorney to help claim the entire worth of your losses, as it might become complicated to do so on your own.

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How Much Is A Dog Bite Case Worth In California?

Table Of Contents

1. What laws in california govern dog bite settlements?

2. What is the statute of limitations for a dog bite in california?

3. How do state dog bite laws influence the value of a case?

4. Dog bite compensation variables

5. How much can I get from a dog bite settlement?

6. What factors affect an average dog bite settlement

7. What do you need to prove in a dog bite case?

8. Does insurance cover dog bites?

9. Steps to take following a dog bite

10. Contact a dog bite attorney

11. What is the settlement process in a dog bite case?

12. Contact an experienced dog bite attorney today

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Motorcycle Accident
Truck Accident
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What laws in california govern dog bite settlements?

Dog bites are governed by Section 3342 of the California Civil Code. Dog owners face severe liability under the law if their pet causes injury to a person. Unless the victim provoked the dog, the owner is liable for any injuries sustained due to the attack.

Under the law of strict responsibility, a dog's owner is legally accountable for any harm their pet causes, regardless of whether the dog has ever displayed aggressive tendencies. However, the "strict responsibility" rule does not cover the following situations.

If the victim was a trespasser
If the victim shares in the blame
If the dog is part of the law enforcement
The victim knew the risk involved

California law allows you to file a lawsuit regardless of whether the attack is mild or severe.

What is the Statute of Limitations for a Dog Bite in California?

When filing a claim against the dog's owner, you have two years from the bite incident. So, the victim should file the case as soon as possible while the damage, evidence, and witness memories remain fresh. If your dog bite complaint is not filed within two years after the incident, the court will likely not accept the case without ever hearing the facts.

How do state dog bite laws influence the value of a case?

State laws regarding dog bites vary widely. As a result, the value of a case can be affected by how strict these regulations are in holding dog owners accountable for injuries caused by their pets. Most pressing legal concerns include:

Whether or not the state will apply the negligence standard to hold the owner liable (i.e., whether or not strict responsibility will be used).
In terms of how the state's personal injury laws deal with a shared fault.

State liability laws

There are two types of State liability laws;

Strict liability laws, and
The "one bite rule."

Many states use the strict liability model of the California dog bite law. These laws make the dog's owner financially liable for any damages their pet causes, regardless of whether the owner was without fault. Owners are held responsible for dog attacks even if they had no idea they were happening and took all necessary precautions to avoid them.

One-bite laws are in effect in certain states. In some states, dog owners can be held liable for attacks only if they were aware of their dog's dangerous tendencies or should have been. The "one bite rule" derives its name from the fact that previous dog bites are usually the most compelling and widely available evidence in such cases. The owner will undoubtedly be aware of the dog's viciousness if it has bitten someone or if there are records at animal control outlining its violent conduct.

States with strict liability laws may award more compensation for identical dog bite incidents. In certain states, it makes no difference whether or not the dog's owner is aware of the threat their pet poses to others. The dog's owner can't use that as an excuse to dodge liability. The case would be easier to win without this defense. This may be reflected in higher settlement offers as a result.

Shared fault rules

In most cases, a single party is not to blame for an accident. However, the defendant bears less responsibility when the injured party was also at fault for what happened that led to their injury. Shared blame in an accident is dealt with in one of three ways under personal injury law:

Contributory negligence
Pure comparative negligence
Modified comparative negligence

The victim could not seek compensation if they were partially at fault for the dog bite, as in states like Virginia that apply contributory negligence. Dog bite victims in California apply pure comparative negligence and will have their awards reduced by their amount of blame. Compensation may be reduced if the owner can prove that the victim provoked the dog. The insurance company will use proof of shared fault to coerce the victim into accepting a lesser settlement.

Dog Bite Compensation Variables

When it comes to dog attacks, California does not adhere to the one-bite rule. Instead, it would allow an individual to seek compensation for their medical bills even if the animal was a docile pet up to the assault.

If a dog bites you and the attack occurs in a public area or on the dog owner's property (and you were invited there), the dog owner is responsible for your medical bills and other damages. Damage claims cannot be made by anybody who was proven to trespass on the dog owner's property at the time of the attack.

When their dog bites or attacks a person, California dog owners cannot claim they didn't know their dog was dangerous. Likewise, they can't use the fact that they didn't realize the animal was hostile or that it may harm a human as an excuse for not preparing a proper defense. Many other states still abide by the "one free bite" law, but not this one. As a result, the dog's owner is still liable for any injuries caused by the animal, even if the owner took reasonable precautions to prevent the bite from happening, such as using a leash or other form of restraint.

How much can I get from a dog bite settlement?

Some dog bite victims will receive hundreds of thousands of dollars in compensation, while others will receive almost nothing after suffering similar injuries. Unfortunately, it is hard to put a figure you will receive until an investigation begins, as this sum depends heavily on the insurance policy.

Dogs are wonderful pets because they provide their owners joy, peace of mind, and affection. However, when they become furious or feel threatened, they can explode into an uncontrolled rage that has devastating consequences. A dog bite injury can be very painful and often results in a lifelong scar for the victim. A homeowner's insurance coverage and other criteria will determine how much compensation can be received after an attack.

While the exact amount a successful plaintiff receives in a settlement depends on the specifics of their case, according to the Insurance Information Institute, dog bite injury cases constitute one-third of all homeowner's insurance liability policy claims due to bodily harm. In addition, dog bite claims in 2007 resulted in settlements and jury judgments totaling more than $356 million. According to 2019 data, California led the United States in the number of claims in 2018 (2,166), and the average cost per claim, at $45,543 in 2018. This amounted to more than $98.6 million. According to data compiled by Triple-I and State Farm, two of the country's largest home insurance carriers, almost $900 million was paid out in 2021 to resolve dog-related claims. There were 17,989 claims for dog bites, costing an average of $49,025. You can get compensation for the following losses:

Medical Expenses: A doctor should check out your injury. As one might expect, this treatment doesn't come cheap and can put a severe dent in one's finances. However, if you win in court, your settlement check will include reimbursement for any costs incurred due to your treatment at a hospital.
Lost Wages: Your ability to go about daily life and do even the simplest of duties may be severely affected after a severe dog bite or attack. You can seek damages for lost earnings if the injury prevents you from working.
Pain and Suffering: Cases involving dog bites can leave victims with long-lasting emotional scars. Because of the injury, you may find it challenging to resume your previous way of life, but you may be entitled to financial compensation.
Disability Benefits: Irrational behavior stemming from an animal's natural instincts can quickly turn a once-friendly creature into a vicious predator. You can get disability benefits in your settlement if you are permanently handicapped due to injuries sustained from a dog bite.

You should expect the insurance company to write a check for your situation based on their assessment of the level of injury you sustained. Unfortunately, the lack of empathy on their part will lead to them making assumptions about the severity of your injuries and maybe trying to reduce the compensation you receive. Your suffering is unique, and you deserve just compensation for it.

What Factors Affect an Average Dog Bite Settlement

While many people are curious about the typical cost of a dog bite settlement, there is no exact figure. In California, the amount you receive for injuries caused by a dog may depend on several circumstances. A reasonable compensation can be determined with the use of this information by your personal injury attorney.

Severity of Injuries

Bite wounds from dogs can be mild or severe. Below are some specifics to think about when assessing your injuries:

The amount of blood loss resulting from the attack
Whether any disease was transmitted
The location of the bite
The dog breed
Whether the dog bit through the skin
Nerve damage
Dismemberment as a result of the dog bite or amputations to treat it

Your settlement might be more significant than California's state-wide median for dog bites if your injuries were particularly severe. In addition, your claim's value will decrease depending on your injuries' severity. Your attorney will consider all of these aspects while determining the extent of your injuries.

Victim's Age

It is common practice to consider the victim's age in dog bite cases. For instance, adults often do not tease dogs since they know the repercussions of doing so. And if a dog were to bite, adults would have a greater chance of defending themselves. Conversely, children are typically helpless in the face of an aggressive animal. Children are particularly vulnerable to the physical and psychological consequences of dog bites. This is why insurance claims settlements for dog bites typically favor small children.

Long-Term Effects of Dog Bite

A dog bite can cause long-term physical damage. For instance, a vicious bite on the face might cause permanent disfigurement. In addition, the effects of such an accident on your daily life might be devastating.

Scarring or disfigurement

Permanent scarring or disfigurement from a dog bite also results in larger payouts. These scars, however little, might be a continual reminder of what you went through. Social shame and isolation can result, especially for children or if the scarring is obvious and difficult to conceal. In addition, because of the potential for extreme emotional discomfort, significant emotional discomfort might result from this.

Whether you trespassed

Based on California dog bite law, you might expect a lower compensation offer if you were trespassing at the time of the attack. The California dog biting law does not apply to trespassers. This law imposes severe liability exclusively on property owners in cases when a dog bites a lawfully present guest. In addition, you would have to show that the owner's carelessness led to your injuries if you were hurt while trespassing.

Trespassers are more likely to be found partially at fault by juries regardless of whether they entered a public or private space. Damage awards may be reduced as a result of comparative fault statutes.

The dog's aggressive history

If there's proof that the dog's owner was aware of the animal's aggressive history, the compensation sum may be increased accordingly. In addition, dog owners may increase settlement offers because of the risk of paying punitive damages in a court trial following a dog bite.

Mental or emotional trauma, like a new fear of dogs

As a result of dog attacks, you can develop a fear of them. You may avoid your friends and relatives who have pets because you fear them.

Animal attacks can do more harm than only physical harm. Many also struggle with emotional pain and post-traumatic stress disorder. The sight of a dog can trigger a terrible emotional crisis in some people. California has a lot of dog owners, so you could have some unpleasant run-ins with their pets.

What Do You Need to Prove in a Dog Bite Case?

You can file a lawsuit for damages if you are bitten in a public or legally private area. The right to be on private property does not extend to the general public but does include those with legal duties, such as postal carriers and delivery staff. In addition, if a dog bites a person by the skin but does not puncture the flesh, the victim can still make a dog bite claim.

Victims of dog bites may be barred from suing owners under certain circumstances. For example, when a police or military dog is on duty protecting a citizen from criminals, the victim cannot pursue a claim unless they are an innocent bystander. Likewise, if a veterinarian or veterinary assistant gets bitten by a dog while treating the animal, they cannot bring charges against the owner.

California's comparative negligence law covers injuries caused by dogs. If you provoke the animal into attacking, you can expect a reduction in your compensation according to your share of the blame.

Does Insurance Cover Dog Bites?

Insurance against injuries caused by dog attacks is optional for dog owners. Many dog owners prefer not to carry dog bite insurance because of the increased expense caused by the "opt-in" option on homeowner's and renter's policies. In addition, the insurance premium for a dog of a "dangerous" breed, such as a German shepherd, Doberman pinscher, husky, or pit bull, is relatively high, and the owner may be denied coverage altogether.

Steps to take following a dog bite

Dog attacks can be chaotic and violent, primarily if many dogs attack the victim. If the victim survives the attack, the victim will most likely suffer superficial wounds such as puncture wounds, scratches, or crush injuries. In addition, dog bite victims may need rabies vaccines or other preventative measures if the dog is not up-to-date on its immunizations. Dog bites can result in puncture wounds, which may be excruciatingly painful and take weeks to heal. Getting medical help after a dog attack is important.

Seek Medical Attention

The victim should get medical help immediately, whether calling 911 at the scene of the accident or going to the doctor afterward. Health should be the main priority. Dog bites can cause everything from mild to severe injuries, so it's advisable to be checked immediately after the incident.

Gather Information

It's important to write down the following information before filing a report;

The name and contact of the dog owner
The type of dog breed
The description of the dog
Ensure to take pictures and videos of any important information

Report The Dog Bite

Dog bites are serious and should be reported to the proper authorities for everyone's protection. The standard protocol for determining whether or not a dog has rabies after a bite is to quarantine for ten days. It is essential that the victim contact animal control as part of the claim documentation.

Contact A Dog Bite Attorney

Legal representation is not always necessary when filing a dog bite claim; however, getting an insurance company to pay up without legal representation can be difficult.

The compensation the victim gets may vary greatly depending on several factors unique to the accident. An experienced dog bite attorney can ensure that all of the case details are being taken into account, such as the cost of any necessary cosmetic procedures in the future.

What is the settlement process in a dog bite case?

The victim and the dog's owner will have to have a series of conversations to reach a settlement in a dog bite lawsuit. It can start immediately after the bite and continue until the jury issues its judgment.

Negotiations can commence when an insurance company for the dog's owner makes a first settlement offer. This proposal will be appealing since it will reimburse the victim for the current medical bills. But unfortunately, it won't pay for ongoing healthcare costs or other losses. If the victim doesn't accept the initial payment offer, the lawyer can send a demand letter to the dog owner or their insurance company to keep the negotiations going. A Demand Letter

informs them of the victim's current predicament
gives them notice that the victim is thinking about taking legal action against them.

When a demand letter fails to provide a satisfactory settlement, the next step is to file a lawsuit. The discovery process begins when the complaint is filed and the defendant is served. As more information is gathered, settlement negotiations will speed up. As the case progresses, the dog's owner or insurance provider could make several proposals. Both parties can reach a settlement without going to trial. However, the case will go to trial if no fair settlement is reached. However, attorneys might make settlement proposals for the dog owner and the insurance company before and during the trial. Events like these are possible up until the jury announces its judgment.

Contact An Experienced Dog Bite Attorney Today!

Taking on an insurance provider on your own can be an arduous task. You need a lawyer at the bargaining table who will take your case seriously and never give up on your behalf. We know the cost of your suffering is immeasurable, so we will never accept anything less than full compensation.

McCrary Law Firm - A Personal Injury Law Firm in California is here to help, and you can rely on our experienced counsel. We have the expertise to help clients navigate the complex area of personal injury law, thanks to our many years of experience in the field. The insurance companies know us better than any other personal injury law firm because we try more cases than anybody else. They'll stop trying to lowball you with settlement offers when they find out you're working with us. They are reluctant to have us in court, so they are willing to settle for more money. Contact McCrary Law Firm at (855) 752-6326. Call us for a free initial consultation, and we are available 24/7.

Our personal injury services extend across various locations to ensure we can assist you wherever you may be. We are proud to offer our expertise in Rocklin, Folsom, Yuba City, Woodland, Fresno, Pleasanton, Carmichael, Citrus Heights, Roseville, Natomas, Sacramento, Rancho Cordova, Fair Oaks, Elk Grove, and El Dorado Hills. Each location is equipped to provide you with the comprehensive support and legal guidance you need for your personal injury case.

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Blogs Car Accident

Secret of Progressive Insurance Car Accident Claims

Post author By Dan McCrary
Post date August 18, 2022

Secret Of Progressive Insurance Car Accident Claims

Home » Blogs • Car Accident

Secret of Progressive Insurance Car Accident Claims

Key Takeaways

Understand the essentials of filing a claim with Progressive Auto Insurance to receive compensation for accident-related expenses.
Learn how to navigate Progressive’s claim process, from immediate actions post-accident to dealing with adjusters.
Discover strategies to counter Progressive’s tactics aimed at minimizing claim payouts.
Recognize the value of legal assistance in maximizing your insurance claim benefits.

You will need to file a claim with your auto insurance company after an accident occurs if you want to be fairly compensated for your medical expenses and car repairs. Victims must submit claims with Progressive to be compensated if the at-fault party has Progressive Auto Insurance. Every motorist in California must have at least the minimum level of liability coverage. You can claim on the at-fault driver's Progressive Auto Insurance policy to recover financial compensation for your injuries and property damage.

Among the many auto insurance companies in the United States, Progressive is a major player. Even though automobile insurance is required by law, having coverage gives drivers the confidence that they will be taken care of in the event of an accident. Sadly, it's not always the case.

There are shareholders, bottom lines, and budgets to consider at all insurance companies, including Progressive. They will stop at nothing to reduce settlement claims unfairly. Car insurance coverage is not enough in this scenario; you will also need to know how to submit a claim with Progressive in case of an accident.

In this article, we'll explain the secret of progressive insurance car accident claims so you can receive compensation for your medical bills and lost wages.

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We’re here to help 24/7.
Call or Text Us Now (855) 752-6326

Secret Of Progressive Insurance Car Accident Claims

Table Of Contents

1. Progressive's History

2. Have a plan after a car accident

3. How to file a car accident claims with Progressive

4. What must I prove in a progressive insurance claim?

5. How do I prove pain and suffering?

6. Progressive's Sneaky Settlement Negotiation Strategies

7. How Can an Attorney Help with a Progressive Insurance Claim?

8. Contact A Personal Injury Lawyer Today

Personal Injury Blog Categories

Personal Injury
Car Accident
Dog Bite
Motorcycle Accident
Truck Accident
Uber or Lyft
Wrongful Death
Latest News

Progressive's History

Progressive is one of the biggest auto insurers in the country, providing coverage to tens of thousands of drivers. The company's headquarters have been in Mayfield Village, Ohio, since its inception in 1937.

The firm shifted its focus to insuring "risky drivers" in 1956, and as a result, its written premiums increased to $20 billion by 2016. Its current marketing strategy aims to differentiate itself from competitors by offering more of its services online and via mobile devices and by creating a rating system that lets customers easily compare their prices with those of other providers. Nevertheless, progressive is open about the fact that they have the lowest rates all the time. Snapshot is a feature offered by Progressive that lets policyholders record their driving habits with a plug-in device and then submit that data to the insurance provider for review and possible premium reductions. Snapshot customers who drive less often and during safer times of day may see a reduction in their monthly premium payments.

Progressive's financial and legal resources are vast compared to other major insurance providers in the United States like State Farm, GEICO, Allstate, Nationwide, Farmers, and USAA. Nevertheless, it's a significant player, so it's no surprise that it sought to shortchange its clients.

Have a plan after a car accident

Progressive and the other vehicle insurance companies are not on your side. To avoid falling victim to frequent insurance company techniques intended to encourage you to settle for less after a car accident, you must think ahead and take deliberate action. Get your claim off to the best possible start by taking precautions at the accident scene.

Do not declare you are not hurt until you have seen a doctor or were at fault. Your injuries may not have shown any signs right away. Soreness in the back and neck, for example, may not begin to manifest itself until days after an accident. Never ignore medical needs like these. As soon as possible, schedule an appointment with a medical professional for a thorough diagnostic and treatment assessment. When you doubt the extent of your injuries, it is best to consult an experienced attorney.
Even if the accident was minor, it is still essential to have the police record as proof.
Do not delay in reporting the accident to your insurance company.
If you've been hurt, it's best not to sign anything just yet. Instead, you should only sign paperwork presented to you by the police or other authorized law enforcement personnel.
If you want to remember the details of the vehicle crash later, write them down immediately. It would be best if you took notes on the time of the accident, the weather, the amount of traffic, any witnesses, and the driver's actions leading up to the crash.
Don't say anything about what or who you think caused the accident, and keep your opinions about the accident to yourself. Only you and your lawyer should have these discussions.

How to file a car accident claims with Progressive

Like other big insurance firms, Progressive has a car accident claims process. You have several options for filing a claim with Progressive if they are your auto insurance company. If you phoned your insurance agent at the scene of the accident, they probably gave you instructions on how to begin the claims process.

Do not rush into calling Progressive to report a car accident; instead, spend as much time as you need to compile evidence to support your claim. You must file your claim within 72 hours after the accident.

Even if you haven't talked with a representative from Progressive yet, you can still submit a claim by contacting the company through email, phone, mobile app, or website. When you submit a claim online, you have access to real-time information about the status of your claim and the ability to add and review supporting documents whenever you choose. Always have the police report handy before filing a claim.

To submit an insurance claim with Progressive, follow the steps below:

Immediately after the accident, contact your insurance company with information

Insurance companies usually request the following information whether a claim is filed by phone, internet, mobile app, or agent:

Specifics about the incident, including when and where it occurred.
A list of names, addresses, phone numbers, and insurance policy numbers of the driver and passengers involved in the accident.
The condition of the weather
Pictures of the wrecked car(s)
Copies of any relevant police or accident reports

Review your policy's coverages and deductible selections

You need to know your coverage details to make reasonable claims. For instance, if you have rental car reimbursement coverage, you may be eligible for a rental car while your vehicle is being repaired. The deductible on your auto insurance policy is the portion of a claim you are responsible for paying out of pocket, while the coverage limits are the maximum amounts your insurer will pay for a certain category. Additionally, loan/lease payment coverage (commonly known as "gap insurance") might cover the difference between what you owe on the car and what it is now worth, according to your policy's limitations.

Work with your insurance adjuster

An insurance adjuster (or adjusters) will be assigned to your case by your insurance carrier. After filing a claim with your insurer, you can expect to hear back from an adjuster in as little as 1-3 days. When you file a claim, your adjuster will coordinate an inspection, determine the extent of the damage to your car, and handle any claims for personal injury. A claims adjuster may also review incident reports and conduct interviews with any available eyewitnesses. Before giving the go-ahead for the repair shop to start working on your car, your insurance company may need you to get an estimate of the costs. Then, after gathering information from your adjuster and the repair facility, your insurance company will make an evaluation.

Repair or replace your car, if necessary

Your choice of the auto service center is entirely up to you. Following review and approval of your claim, your insurance company will issue a check to you or the repair company, minus any applicable deductible amounts. In addition, insurance companies will pay out the full market value of your car, minus your deductible, to you or your lender if it is damaged beyond repair.

Claims against the at-fault driver's insurance company, Progressive, can be filed either by your insurance company or by you personally. Progressive should cover the cost of your property damage if the accident was not your fault. However, remember that if your claim involves major medical costs, working with Progressive will be considerably more time-consuming and, at times, challenging. You should see a legal professional to ensure you receive fair compensation for your injuries and the related damages. Insurance companies take a financial hit in these situations and will do anything to avoid paying you fairly.

You may be responsible for paying your deductible if you were not at fault but yet filed a claim against your insurance company because you were frustrated with the at-fault insurer. However, your insurer will seek subrogation against the negligent insurer (basically filing a claim on your behalf), and if successful, you will receive a refund of your deductible.

What must I prove in a progressive insurance claim?

You will need to provide evidence of a few things to receive compensation from Progressive following an accident. Those things include:

The market value of the damaged cars
The medical bills you incurred
Time missed at work, salary, and any supporting medical records for the absence from work.
The expense of any foreseeable future operations you can demonstrate are essential for medical reasons.

How do I prove pain and suffering?

No pain and suffering calculation can tell you how much you were hurt. Everyone experiences pain differently. It may be personal to you, but an adjuster will never understand that. It might be hard to convince an insurance adjuster to pay you a reasonable settlement for your pain and suffering if you don't have sufficient proof of your suffering. Sometimes filing a lawsuit against the insurance company is the only way to get their attention and make them take you seriously.

Progressive's Sneaky Settlement Negotiation Strategies

You shouldn't be shocked if Progressive's first settlement offer on your claim is laughably low when they call you. Progressive relies heavily on this tactic in their negotiations. From their perspective, there is no disadvantage in placing an absurdly low opening offer. After all, some will accept it if there are not represented by an experienced injury lawyer. Signing a settlement means giving up your rights. Do not give in to this ruse. Most individuals are unaware that accepting a settlement entails agreeing to forgo your right to pursue any more compensation for this specific claim. If you receive a settlement and then learn a few weeks or months later that the money wasn't nearly enough to cover your losses, there's little you can do about it. If the settlement amount is insufficient to pay any remaining debts or expenses, you will be responsible for them in full. Simply put, you must ensure that any settlement you accept adequately covers all of your medical expenses and lost wages. An experienced attorney who specializes in personal injury law can help you determine how much your case is worth and fight for every dollar.

Additionally, adjusters from Progressive Insurance are notorious for casting doubt on the extent of your injuries or flat-out lying about them. Insurance adjusters sometimes argue that claimants overstate the severity of their injuries, seek unneeded medical care, and point to pre-existing problems as reasons for high medical bills and treatment. You know how terrible and painful your injuries are, so having others not believe you about them is traumatic and heartbreaking.

When Progressive seeks to minimize the amount it pays on a claim, it is "business as usual" for the insurance company to question the authenticity and extent of the claimant's injuries. At times, Progressive may hire private detectives to follow you and snoop on your social media accounts to disprove your claims of injury. Therefore, when making a claim, it's best to avoid posting anything that might be used as evidence against you on social media. Even though we all try to show the best versions of ourselves online, it's important to remember that even a seemingly innocuous photo of you smiling and standing with friends might be used by Progressive to dispute the extent of your injuries.

These are only a few deceptive strategies that Progressive adjusters use. Unfortunately, if they use such tactics, you might not find out about it until it's too late.

How Can an Attorney Help with a Progressive Insurance Claims?

A policy from one insurance company might be different from that of another. An experienced attorney can help you get the most out of your insurance claim by navigating the nuances of the law and the policy. In addition, having legal representation may ease the burden of gathering evidence, filing a claim with Progressive, and negotiating with the insurance company.

Having to deal with an adversarial attorney slows down the claims-settlement process, which is why insurance companies want to settle quickly. They understand that you'll likely get a better settlement if you have an attorney on your side. An experienced lawyer will help you ensure that you are fully compensated for your injuries and that you don't have to worry about unforeseen future costs.

When filing a claim, you should be careful not to overstate or understate its worth. If you overestimate your medical expenses, your insurance will likely deny your claim. However, if you fail to account for all of your medical expenses, which end up being more than your insurance coverage, your financial situation might worsen.

Hiring a personal injury attorney to file your insurance claim is one of the best decisions you can make following a car accident. Your lawyer will handle negotiating a fair settlement with Progressive Insurance while you focus on getting better. In addition, progressive may be required to compensate you for your losses above what it gave during settlement negotiations if you file a case against the defendant.

To estimate the worth of a claim, our trained and resourceful personal injury attorneys at personal injury law firms have expertise in working directly with medical specialists. In addition, our firm has assisted victims in obtaining compensation for various losses, including medical costs, lost earnings, property damage, and even punitive penalties.

Contact A Personal Injury Lawyer Today!

Well, that's all about the secret of progressive insurance car accident claims. Insurance adjusters may give the impression that they have your best interests at heart, but this is rarely the case. Insurance firms' established practices are designed to maximize earnings by minimizing claims paid. However, not all legal firms are savvy about the strategies employed by Progressive, so they may not know how to maximize your claim to its fullest potential.

We've spent years guiding clients just like you through the troubled waters of personal injury law. Getting a copy of an accident report from the CHP (California Highway Patrol) might be difficult for some people. That's why our law firm makes things easy for you. You can count on our experienced counsel at McCrary Accident Injury Law Firm. Years of experience have given us the knowledge to guide clients through personal injury law. We are available 24/7, and you can call us at (855)752-6326 for a free case consultation.

FREE CONSULTATION 24/7, NO FEES UNTIL WE WIN .
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Frequently Asked Questions (FAQS)

What happens if I'm at fault in a car accident?

The above steps should be taken if you are at fault in an auto accident and your insurance policy provides financial protection. First, report the accident to your insurance company or agent yourself; don't depend on the other driver to do it. If you cause an accident and someone is hurt, and that accident is covered by insurance, the insurance company handles any claims or lawsuits filed by the affected parties.

What should you do if the accident wasn't your fault?

The steps listed above apply if another driver causes an accident involving your car. First, get the name, address, phone number, and insurance information of the person who caused the accident. Then, you should report the accident to the other driver's insurance carrier, as the at-fault driver is unlikely to do so.

If the other driver is either uninsured, has insufficient insurance, or whose insurer outright rejects liability, you may also choose to notify your insurance carrier of the accident. Your insurance may try to recoup costs from the negligent driver after they've paid your claim.

What happens when you sue progressive auto insurance?

When it comes to defending lawsuits, Progressive Auto Insurance relies heavily on in-house, captive law firms. This implies that the attorneys are not charging Progressive Auto Insurance for their time because the company already pays them a salary. This allows an insurance firm to defend against more Progressive Insurance claims in court while significantly reducing its defense budget. Consequently, we sometimes need to file a lawsuit to coerce an adjuster into making a more fair settlement offer. The vast majority of auto accident lawsuits still settle before trial. However, you might have to go to trial if you cannot negotiate a superior settlement offer.

What to do when Progressive's insurance adjusters call?

Saving money for the insurance company is the primary goal of an insurance adjuster. The insurance adjuster will come to you with a pitiful offer of compensation to reach this goal. In the worst scenarios, the adjuster may resort to dishonest means to dismiss legitimate damage claims. Therefore, you must always be on guard and fight for your rights until the bitter end. If you want to accomplish this, you can:

Being consistent in your adherence to the facts of your case no matter what the adjuster says
Avoiding speculative faults
Refuse to make a recorded statement
One should not volunteer information that the adjuster did not specifically request.
Remain truthful
Not taking responsibility and refusing to make assumptions.
Please don't settle for the first amount offered; it is always very low.

Should a claimant personally negotiate with a claims adjuster to resolve an accident claim?

No. Once an injury claim is filed with Progressive, the company's adjuster will attempt to negotiate a settlement with the claimant. An injured person might try to settle a claim on their own for compensation if the damage is minimal and the injuries are low.

However, remember that adjusters use particular strategies to get the lowest possible settlement on claims.

If you file a claim with a rep, the claims adjuster will likely give you a lowball settlement to close the case quickly. However, if the claimant accepts the offer, the adjuster can conclude the case and move on.

With so many options, it's usually best for claimants to seek the counsel of an experienced personal injury attorney.

Should I Sign A Release?

Be aware that in exchange for payment of any insurance claim, the insurance company will always require you to sign a release of their insured. They usually contain two releases, one for property damage and one for bodily injury. Before you sign any waivers, make sure you read them well. Once you sign, any outstanding liens will probably be deducted from your settlement, regardless of whether or not you were aware of their existence. If you are signing a release or other legal instrument, you should see a lawyer first.

How do I get an estimate for the repair of my car?

A representative from your insurance company may check your car virtually, in person at a shop, your house, or any place of your choosing. Estimates for repairs, if possible, can be obtained from any repair shop or garage. These estimates can help you learn more about the work required to fix your car and the ballpark figure you can expect to pay for it. Estimates for repairs may differ based on several factors, such as the availability and cost of replacement components, the difficulty of the repair, and the length of time it will take to complete the work.

Blogs Car Accident

How To Get A California Highway Patrol CHP Accident Report?

Post author By Dan McCrary
Post date June 21, 2022

How to Get a California Highway Patrol (CHP) Accident Report?

Home » Blogs • Car Accident

How To Get A California Highway Patrol CHP Accident Report?

If you have been in an accident on a California highway, you can request a copy of the California Highway Patrol (CHP) accident report. The first step in getting your life back together after a car crash in California is filing an insurance claim. When an accident happens on a California State highway, the California Highway Patrol usually files the report.

California operates a fault-based system for motor vehicle accidents where the motorist at fault must pay for any damages caused. Therefore, you'll need the California Highway Patrol (CHP) accident report to file an insurance claim against the motorist at fault.

Having a CHP accident report is essential when you want to file your case. The officer's investigative notes, along with the details of the crash, car damage, injuries, and witness testimonies are included in the report.

The "interested parties" can get a copy of the CHP report by paying a small fee at any CHP office or requesting a copy mailed to them. In addition, an experienced accident lawyer can handle the details of your claim and get you a copy of your CHP accident report.

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Table Of Contents

1. How to request a CHP incident report?

2. What is the cost of getting a CHP accident report?

3. How long does it take for a CHP traffic incident report to come out?

4. What is the importance of a CHP accident report for insurance and personal injury claims?

5. Contact A Personal Injury Lawyer Today

6. Is it possible to check accident reports in California?

7. How can I get a copy of a CHP collision report if I live outside California?

8. Is the California Highway Patrol accident report available online?

9. What if another police agency handled the investigation? Can I still request a copy of the report from the CHP office?

10. Is the CHP investigated collision report available at any CHP office?

Personal Injury Blog Categories

Personal Injury
Car Accident
Dog Bite
Motorcycle Accident
Truck Accident
Uber or Lyft
Wrongful Death
Latest News

How To Get A California Highway Patrol CHP Accident Report?

You must be a "party of interest" in the accident to obtain a copy of the California Highway Patrol's incident report. This covers anybody in the vehicle, the driver, passenger, owner, or guardian of a child involved. In addition to the individuals involved, those parties' insurance companies and attorneys can also obtain a report copy.
To obtain a copy of your report, submit a written request to the CHP Area Office that first handled your report or visit them in person.
To obtain a copy of the police report, you must fill out a CHP 190 Application for Release of Information form. You can submit your completed Application for Release of Information to a local CHP office or send it in via mail.
You will need to provide the information below to access the report:

Your legal name and address
The day the accident occurred (if you're unsure of the actual date, you can give an approximate date)
The place where the accident occurred (if you can't remember the exact location of the accident, put down as many details as possible)
The vehicle owner or driver's name.
Party of interest. You should only mark off one box. A driver, passenger, car owner, property owner, legal guardian, parent, or minor are the most common interested parties. If you want to know if you qualify as a party of interest, you can contact any CHP area office.
Identification. Include a photocopy of a valid state-issued picture ID or driver's license to prove that you are the intended recipient of this information. A licensed notary must notarize the document if you don't have a valid means of identification.

What is the cost of getting a California Highway Patrol (CHP) Accident Report?

The cost of receiving a copy of an accident report from the CHP depends on the number of pages included. Below is a breakdown of the costs associated with getting a CHP.

It will cost $10 for less than 25 pages.
It will cost $20 for 26 – 50 pages.
It will cost $30 for 51 – 75 pages.
It will cost $40 for 76 – 100 pages.
An extra $10 for every 25 pages over 100
If the CHP report contains pictures, $5 per CD is charged.

How long does it take for a CHP traffic incident report to come out?

The processing time for a California Highway Patrol traffic accident report is typically between one and two weeks. However, when a fatality occurs in a car accident, the CHP accident report may take many months to complete.

What is the importance of a CHP accident report for insurance and personal Injury claims?

When the California Highway Patrol dispatches officers to the scene of a traffic accident, officers will arrive and conduct a brief investigation before writing up their findings in a CHP accident report. However, to submit a claim for damages with their vehicle insurance company against the motorist who caused the accident, the injured driver will require a copy of the accident report.

During the police questioning, it is essential to watch what you say. While you want to provide an explanation and be open, you must remember that everything you say will be included in their report. If you plan to make an insurance claim and/or a personal injury lawsuit against the other motorist who caused the accident, you should avoid saying anything that may be seen as an admission of guilt.

When addressing inquiries from responding police officers, it's important, to be honest, and concise. Don't take the blame, even if you think you contributed to the accident. A simple "I'm sorry" might be misunderstood as an admission of guilt. An insurance company's investigation of a CHP accident report may result in a lower reimbursement or the denial of coverage altogether.

Once the police arrive, respond truthfully to their questions. Seek medical help immediately, even if you think your injuries are minor. Consult an experienced lawyer after you have a clear picture of your losses.

Several parts of a CHP traffic accident report should be analyzed and reviewed. Consulting with an attorney who is an expert in personal injury law can be beneficial. An attorney can help you understand the details of a highway accident report and how they relate to your case.

Contact A Personal Injury Lawyer Today

Get in touch with a lawyer immediately after an accident. Getting a copy of the California Highway Patrol (CHP) accident report might be stressful. At McCrary Law, we will simplify the process for you.

McCrary Accident injury Law Firm can provide the comprehensive legal representation you need. We have years of expertise helping customers like you through the often confusing waters of personal injury lawsuits.

Contact McCrary Law Firm to schedule a consultation with our team and learn more about the best first steps after a motor vehicle accident in California. You can call McCrary Accident Injury Law Firm at (855)752-6326. We are available 24/7 for your free case consultation.

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Frequently Asked Questions (FAQs)

Is it possible to check accident reports in California?

There are no publicly accessible databases in California where you can check accident records, but you can get information on recent accidents by contacting the CHP or local law enforcement.

The information provided by these offices may only be general. Submit a Collision Request Form to the relevant CHP office to get a copy of the official California Highway Patrol accident report.

How can I get a copy of a CHP collision report if I live outside California?

Follow the processes below to get a copy of the California Highway Patrol (CHP) accident report if you live out of state:

To request a copy of the CHP accident report, you can either fill out the CHP 190 Application for Release of Information form or write a letter explaining why you need the information. Send the completed form or letter, along with proof that you are a legitimate Party of Interest, to the CHP office that will be filing the report of the collision. The driver, passenger, property owner, vehicle owner, parent of a minor or guardian of a child involved is usually considered as a "party of interest". If you are unsure whether or not you qualify as a Party of Interest, don't hesitate to contact your nearest CHP office.
Make a photocopy of your driver's license or other picture ID and submit it with your request for a collision report. Without identification, you will need to get the CHP 190 form or your letter notarized. Once the CHP has received your request and confirmed that you are a valid party of interest, a report copy will be mailed to your address.

Is the California Highway Patrol accident report available online?

The California Highway Patrol does not provide online options for obtaining an accident report. You can find websites such as "online crash record lookup" or those that promise free CHP accident report downloads. Please do not give your personal information to these sites, as the California Highway Patrol does not make its reports public through any online source.

What if another police agency handled the investigation? Can I still request a copy of the report from the CHP office?

No. CHP is provided with copies of the collision report. However, if you were involved in an accident and did not know which police department handled the investigation, you can ask your local police or the CHP office for help.

Is the CHP investigated collision report available at any CHP office?

Yes. Copies of a CHP accident report can be obtained at any CHP office, or you can request that one be mailed to you.

For example, if you live in Santa Barbara but were in an accident in San Diego, you can reach out to any California Highway Patrol station in Southern California and request a copy of the California Highway Patrol accident report.

Blogs Car Accident

California Parking Lot Right of Way – Rules For Drivers

Post author By Dan McCrary
Post date June 21, 2022

California Parking Lot Right of Way Rules that All Drivers Should Know

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California Parking Lot Right of Way – Rules For Drivers

Parking lot accidents are more common than one would expect. Every year, approximately 50,000 accidents occur in parking lots and garages. These accidents, unfortunately, claim the lives of more than 500 people and injure about 60,000 people yearly. While many of these accidents are caused by drivers getting distracted, a good number are caused by ignorance of existing right-of-way laws. There's a lot to know about backing out of a parking space right of way, and this article aims to bridge that knowledge gap and help you navigate the parking lot safely.

Before we further learn who has the right of way backing out of a parking space, let's talk about what legally constitutes the "right of way." In most states (including California), any vehicle within a designated lane moving slowly enough can take the right of way over other vehicles. This means that if someone pulls out onto the road from behind parked cars, they must first yield the right of way before proceeding across lanes.

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Table Of Contents

1. Who Has The Right of Way?

2. Simple Rules That Guide The Use of Parking Lots

3. What Causes Parking Lot Accidents?

4. What To Do If You are Involved in a Parking Lot Accident?

5. Who Pays Damages When Parking Lot Accidents Happen?

6. Reach Out To A Personal Injury Lawyer

7. What are the California laws for parking lot accidents?

8. What responsibilities should a parking lot owner have after a car accident?

9. Will my insurance cover the damages from a parking lot accident?

10. Should I yield when I have the right of way?

11. Which vehicles usually get special right of way?

12. Who always has the right of way in the parking lot?

13. What if more than one vehicle approaches an uncontrolled intersection in the parking lot?

14. What do I do if I hit a parked car?

15. What do I do if someone hits my parked car and drives off?

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California Parking Lot Right of Way - Overview

What rules apply to backing out of driveway right of way? Does the driver backing out of a parking space have the right of way? The following are sample situations showing who has the right of way.

The driver on the main lane or thoroughfares (lanes exiting into the road) have the right of way over the vehicles exiting the feeder lanes (in between a thoroughfare and another).
Drivers who turn right or left from the main lane into the roadway or feeder lanes must yield the right of way to any vehicle in traffic coming from the opposite direction. (This includes pedestrians and cyclists)
Drivers moving on the feeder lane have the right of way over vehicles backing out of parking spots.
If the parking lot has yield or stop signs located, it automatically overrides the rules for right of way. The right of way is inferior to the traffic signs within the parking lot.
When there's an intersection or parking spot available, the first driver to arrive usually gets the right of way.

Simple Rules That Guide The Use of Parking Lots

There are a few simple rules you will need to remember when driving in parking lots.

Use your turn signals when you move into an open spot: This will help other drivers know where you're going and what your intentions are so that they can adjust their movements accordingly.
Pay attention to the directional arrows in parking lots with one-way lanes: They will let you know if you need to drive around the block to find a space that isn't blocked by another car or a curb.
Drivers that want the same spot: If two drivers arrive at the same time and both want the same parking space, the driver coming from the traffic lane must yield.

What Causes Parking Lot Accidents?

Drivers can experience bad injuries from a collision in parking lot accidents like whiplash, broken bones, etc. Moreover, pedestrians also get injured during these accidents. Hence it is crucial to know the leading causes of parking lot accidents.

Driving The Wrong Way Down A Lane: This is a common mistake, especially if you're new to driving or have poor depth perception. You'll need to be extra careful when pulling out of your parking spot to see oncoming traffic and crosswalks ahead of you before turning out onto the road.
Backing Up Without Looking First: Backing up is integral to getting in and out of parking spaces. But many drivers back up without looking behind them for oncoming traffic, while some rely only on their backup cameras. This is a rookie mistake and can easily lead to an accident, mainly because inexperienced drivers may not know who has the right of way when backing up.
Distracted Driving: Drivers who keep looking out for open spots instead of watching for traffic (including pedestrian traffic) around them.

What To Do If You are Involved in a Parking Lot Accident?

Take pictures of the scene and record any injuries you might have sustained and the position of the vehicles involved.
If there are independent witnesses to this accident, try to get their contact details so they can provide a statement later on.
You may have to visit a hospital even when your injuries look minor. It would be best if you did so as soon as possible after the accident because doctors can diagnose injuries more easily when you report them early.
When all is said and done, visit your insurance provider and report the incident.

Who Pays Damages When Parking Lot Accidents Happen?

Drivers are expected to take reasonable care to avoid causing injuries to others in the parking area. This applies whether your vehicle is parked or driving. You may be liable for their injuries, damages and losses if you negligently injure someone.

If you are involved in an accident while in a parking lot, your insurer will likely require that you report it immediately so that claims can be made correctly and quickly.

The parking lot owner can also be liable if the injuries are caused by the dangerous conditions of their parking lot. Dangerous conditions include:

Failing to make necessary repairs
Failing to mark directions of parking lanes
Poor lighting
Failure to provide adequate staff or staff training

While you may know everything about backing out of a parking space right of way, the best advice from a legal perspective is to avoid the hassle in the first place. Assume that drivers who are backing out of parking spots may not be able to see you. Drive cautiously through parking lots so you can stop if someone backs out unexpectedly. Finally, when backing up, take your time and look behind before proceeding.

Reach Out To A Personal Injury Lawyer

If you were involved in a parking lot accident, don't hesitate to contact a personal injury lawyer today! We readily answer your questions regarding 'right of way' rules and ensure you have the best legal options and advice. You can contact McCrary Accident Injury Law Firm at (855)752-6326.

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Frequently Asked Questions (FAQs)

What are the California laws for parking lot accidents?

According to California state law, a parking lot accident in California has the same processes as a car accident on the road. If a parking lot collision occurs, you must report the accident and provide information (contact and name). You should exchange names, numbers, and insurance cards. Once the insurance has decided whose fault it is, then payments and repairs can be made.

What responsibilities should a parking lot owner have after a car accident?

A collision report or statement is necessary for the parking lot owner. This would be used as evidence and help the cooperation to find out who is at fault. In addition, a parking lot owner could make CCTV camera footage available and other records that are beneficial to the investigation.

Will my insurance cover the damages from a parking lot accident?

If your insurance package covers it, then the insurance company should sort it out as usual vehicle collision. This is if you are liable. However, if you were not at fault for the accident, the insurance provider of the person liable will take care of the car damages. If the liable person's coverage cannot cover everything, your insurance company should step in and cover the rest. Depending on your policy, you should receive coverage from your company.

Should I yield when I have the right of way?

Sometimes, it is advisable to yield, especially if the other driver is aggressive or behaving erratically. These drivers could be racing through traffic or even breaking parking lot rules. In these cases, yielding could help prevent accidents and serious injuries. In this case, you should just take the high road.

Which vehicles usually get special right of way?

A few road users get special treatment when it comes to the right of way. The significant vehicles are emergency vehicles like ambulances. Another example is the Police car.

Who always has the right of way in the parking lot?

Pedestrians. Parking Lots usually don't have marked crosswalks dedicated to pedestrians. However, whether or not they have these crosswalks, Pedestrians will always have the right of way in a parking lot.

What if more than one vehicle approaches an uncontrolled intersection in the parking lot?

In this case, the driver on the left should yield to the driver on the right.

What do I do if I hit a parked car?

If you hit a parked car and the owner is nowhere to be seen, you should park at the nearest safe location. The next thing is to locate the owner or the person in charge of the car.

What do I do if someone hits my parked car and drives off?

If you can or cannot get the culprit, still call the police. This is a crime from the person who did that and ran off. The police would help you sort it out. You can also get compensation after all the legal activities are completed.

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Choosing A Personal Injury Attorney In California

Post author By Dan McCrary
Post date July 19, 2021

Choosing a Personal Injury Attorney

Home » Blogs • Personal Injury

Choosing A Personal Injury Attorney In California

Dealing the legal aspects following a personal injury can be a daunting task. Selecting the right personal injury attorney is a crucial step in ensuring that your rights are protected and that you receive the compensation you deserve.

In California, where the legal market is saturated with numerous practitioners, finding an attorney who meets your specific needs can be challenging. This guide aims to help you understand what to look for in a personal injury attorney, ensuring you make an informed decision.

Choosing A Personal injury Attorney In California - What To Consider??

Although this process can be difficult for the average person, there are many things to consider when choosing a personal injury attorney.

A personal injury attorney should be a person who you can always trust. Not only do qualifications and experience make a difference in your decision, it is important to remember that an attorney should always look out for your best interests.

Not all California injury attorneys practice solely personal injury and they do not all have the same qualifications and experience.

Experience and Trial Readiness

Trial experience matters significantly when handling personal injury cases. Choosing a personal injury attorney with jury trial experience is beneficial in two ways.

First, an experienced trial attorney is likely to recover higher settlement amounts in both mediation and arbitration. Insurance companies know which firms are prepared to take a case to trial and which are not.

An attorney with great experience will be able to secure a more significant settlement and will not shy away from litigation.

Why Is Trial Experience Important?

Having or choosing a personal injury attorney who is comfortable in a courtroom will enable them to stand up against insurance companies. If a case does not settle in arbitration or mediation, the next step is a jury trial.

It is important to have an attorney with experience in trying a case before a jury. This experience can often be verified on the attorney’s website or through client reviews on platforms like Yelp.

Research and Due Diligence

Research is crucial when choosing a personal injury attorney. The more experience your attorney has, the more familiar they will be with the laws and previous cases similar to yours. They will know the right questions to ask, the best information to gather, and how to present your case favorably in court.

Conducting thorough research upfront allows you to rest easy through the legal process, knowing you have a competent lawyer pushing to maximize the value of your case. Experienced attorneys often handle fewer cases, focusing on maximizing the value of each one. Making an informed decision prevents the costly mistake of hiring the wrong attorney for your significant injury.

Communication and Availability

The initial contact with an attorney typically involves an intake process to gather all necessary information about your case. It is essential that your attorney is available to answer any questions you have. There is nothing worse than repeatedly calling an attorney with no response. Although attorneys are often busy, they should be diligent in returning calls and addressing client concerns.

Importance of Prompt Communication

Communication is key between the client and the attorney. Insurance companies will continue to contact an injured party until it is clear that representation has been established. Hiring an attorney quickly is important because insurance companies may try to settle without your representation, often leading to a lower settlement. However, this decision should not be rushed; asking questions and understanding what to expect from your attorney is crucial.

Schedule A Free Consultation

At McCrary Law, we give every potential case that comes through our doors the attention it deserves. We will be open and honest about what we feel your case is worth and the chances of us obtaining a favorable outcome for you. If we decide to move forward with your case, you will have close contact with your attorney throughout the entire process. Contact us today to speak with a me regarding your accident.

Click here to setup a free consultation. For more information, contact us directly at 916-579-7477.

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Winter and Holiday Travel Tips: Good ideas for your trip and safety

Post author By Dan McCrary
Post date July 19, 2021

Winter and Holiday Travel Tips: Good ideas for your trip and safety

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Traveling during the winter holidays can often times be dangerous and stressful. Not only are

the airports crowded, the roadways can be just as bad. Weather conditions are important to follow because snow, ice and rain can make for unpleasant traveling if you are not prepared.

Here are several tips to help prepare for you upcoming winter holiday travel trips.

Check weather and road condition updates

This is probably one of the most important to follow. Preparing for holiday travel this winter includes

understanding the weather and road conditions you may be facing on your journey. Following your local news stations will often provide weather and winter advisories for travel. If road conditions are inadequate and storms are approaching, it is always safest to wait till the roads are clear and the weather has passed. Checking for road updates is also a key factor in deciding to travel. Such updates will provide

road closures, car accidents and chain control areas. When traveling, we use the Caltrans Quick Maps mobile application. Please visit or call 1-800-427-ROAD (7623). It is always important to watch for flashing road signs while driving to advise for conditions. Being updated in advanced is the most important because poor road conditions, such as snow and ice can lead to road closures. Depending on the location, road closures can stop freeway traffic for several miles in both directions. Making sure to have a full gas tank and food/water will help if you happen to be stopped for an extended period of time. Having the knowledge of what to expect on your journey is key when traveling during this winter holiday season.

Make sure your vehicle is rated for winter conditions.

Depending if you are driving through higher elevations, such as Lake Tahoe or the Sierras, it is important to make sure your vehicle is equipped for rain and snow conditions. Most vehicles on the road are 2-wheel drive.

e only. Having a vehicle that is rated for snow and rain will assist with these types of occasions. It is always recommended to have an all-wheel drive or 4x4 vehicle if you might encounter bad road conditions on your trip. If you are unable to use the recommended vehicles such as an all- wheel drive, we would suggest purchasing a set of chains specific to your vehicle prior to your journey. Having a set of chains will come in handy if road conditions change and chains become required for travelers. As referenced above, the Caltrans Quick Maps will indicated all chain required locations for your trip.

Make sure your tires are adequate for slippery conditions.

It is always recommended to have proper traction when traveling through slippery conditions. Being prepared for winter road conditions also includes checking tire tread. If you are unfamiliar with tire tread depths, we would advise you to visit a local tire shop to see if your tires are sufficient for winter travel. Often times, a quick measurement will indicate if your tires will be ok for slippery road conditions. If winter travel is a priority, it is best to have a complete snow-rated set of tires. Although all-season tires will work properly, a great set of snow-rated or winter tires are the most effective when driving on slippery conditions. If your vehicle is not an all-wheel drive or 4x4, we suggest carrying a set of snow chains for your vehicle. Snow chains can be purchased at your local auto parts store. Often times snow can accumulate on the road and drivers will be required to have chains unless their vehicle is an all-wheel drive. Having purchased the chains in advanced will save loads of money. People will often charge two to three times higher for chains and installation on the side of freeways before chain control areas. Having chains is just another piece of preparation for winter travel.

DRIVE SLOW - SNOW AND ICE

The biggest danger on slippery road conditions is losing control of your vehicle. The driver is always responsible for the passengers in the vehicle. When you encounter such conditions, it is always recommended to drive slow and keep a safe distance from the vehicle ahead of you. The last thing you would want on a holiday teavel trip is a rear-end accident or even sliding off the road. Now the situation becomes even worse if a tow truck is required. Keeping a safe speed and distance will allow a driver to react safely if action is required. Staying in control of the vehicle is the most important. Even with an all-wheel vehicle and snow tires, losing control on snow or ice can happen very easily. It is always recommended to have your car and brakes serviced prior to your winter travels. If you encounter slippery road conditions such as snow or ice, it is important to test your brakes in a safe location. Understanding your vehicles braking capabilities will help you to understand that following vehicles at a distance is key to driving in slippery conditions. It is important to drive at a safe speed while maintaining vehicle control at all times. A holiday trip through the snow is often like a winter wonderland, however, making it there safely is the most important. Taking precautionary steps will help to improve the success of your holiday road trip. Prior to starting your trip, it is equally important to ensure your vehicle is properly insured. Although travel insurance is useful for reservations, it is more important to have the proper motor vehicle insurance coverage for you and your passengers. This is to ensure that any potential damages or injuries will be covered by vehicle insurance. Here are a few other items you may want to include for your winter holiday travel trip. Expect the worst conditions and be prepared with an emergency kit in your car as follows:

FLASHLIGHT

BLANKETS, EXTRA CLOTHING, WATER & SNACKS

SNOW CHAINS

GLOVES – Helpful to protect hands from the cold

ICE SCRAPER/DEICER – To keep windows clear of snow

SHOVEL – To free your vehicle should you get snowed in.

Please be safe in your holiday travel this winter. If you are injured or have questions regarding an accident, please contact McCrary Accident Injury Law Firm at your convenience. (916) 579-7477

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4 Things To Consider When Hiring A Personal Injury Lawyer

Post author By Dan McCrary
Post date July 19, 2021

X Things to Consider When Hiring a Personal Injury Lawyer

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4 Things To Consider When Hiring A Personal Injury Lawyer

Have you or your loved one been injured due to negligence or willful action of another? If so, you can file a personal injury lawsuit to get compensation for your injuries.

An experienced personal injury attorney will help you get the compensation that you deserve. Here are some of the things you should look for when hiring a Sacramento personal injury lawyers .

If you have a personal injury case, you may be able to file a personal injury claim against the responsible party to pursue compensation for all of your unnecessary pain and suffering.

4 Things to Consider When Hiring a Personal Injury Lawyer - Overview

Hiring a personal injury lawyer is a crucial step in ensuring you receive the compensation you deserve for your injuries.

There are several key factors to consider to make sure you select the right attorney for your case. These include the lawyer's experience, area of expertise, the specific attorney who will handle your case, and the legal fees involved.

Taking the time to evaluate these aspects will help you find a qualified attorney who can effectively represent your interests and maximize your chances of a successful outcome.

1. Experience

Trial experience does matter when handling personal injury cases. Having a personal injury lawyer with jury trail experience is beneficial in two ways. First, it is without doubt that an The foremost thing you need to consider when hiring a Sacramento personal injury lawyer is experience. You must select an attorney who has years of experience working in the field.

Keep in mind that the fees of an attorney with little or no experience may be lower. But it might cost you more as compared to hiring the services of an experienced personal injury attorney. In fact, you may end up wasting money if you hire an attorney with zero experience.

You must schedule a one-to-one interview with the attorney to know about the experience. You can ask a series of questions regarding the past work to know if the lawyer is knowledgeable and experienced. The chances of a successful case outcome will increase when you hire an experienced attorney.

2. Area of Expertise

Personal injury cases can arise due to different factors. The lawyer you hire must have experience in your personal injury case.

3. Lawyer Assigned to Your Case

Remember that the lawyer providing the initial consultation may not be the person who will look over your case.

The case may go to another lawyer or even another law firm. Some lawyers are marketing representatives rather than practicing lawyers.

You need to specifically ask who will look after your case. You must ask during the initial consultation about the lawyer who will handle your injury case. You can then read online reviews on Avvo about the lawyer who will handle your case.

4. Legal Fees

The first time you contact an attorney, they will generally do an intake which allows them to You need to be upfront about the total fees charged for the legal services. Some lawyers charge a fixed fee while others charge contingency fees that depend on the outcome of the case. The contingency fee of a personal injury case is typically between 30 to 40 percent of the total amount awarded by the court.

Some lawyers charge pre-trial costs – court reports, expert witnesses, legal pleadings, etc. – in advance. Others won’t charge you anything and reimburse the costs from the recovered amount. You must ask the personal injury lawyer about the details of the fees before signing anything.

Conclusion

Choosing the right personal injury lawyer can significantly impact the outcome of your case. Prioritize experience and expertise in the relevant area of law, ensure you know who will handle your case, and understand the fee structure before making your decision. This due diligence will help you find a lawyer who is well-equipped to advocate for your rights and secure the compensation you deserve.

Hiring a personal injury lawyer will increase the chances of a successful claim. McCrary Accident Injury Law Firm is a reputable Personal Injury Law Firm in Rocklin, CA. We offer expert counsel regarding personal injury cases to the residents. Send us an email or call us today at (916) 579-7477 to schedule your free consultation.

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3 Most Common Causes of Wrongful Death

Post author By Dan McCrary
Post date July 19, 2021

4 Most Common Causes of Wrongful Death

Home » Blogs • Wrongful Death

3 Most Common Causes of Wrongful Death

Wrongful death is a type of personal injury case that involves the death of a person due to the negligent or willful actions of another. Wrongful death cases can also pair with a related but different type of lawsuit known as survival action to seek compensation for harm suffered by the deceased individual before the untimely death.

Surviving family members or the estate of the deceased person can file a wrongful death lawsuit against the guilty individual or company. Here are the common causes for wrongful death for which the estate or surviving members can file a lawsuit against the guilty party.

3 Most Common Causes of Wrongful Death - Overview

Wrongful death cases arise when an individual loses their life due to the negligent or intentional actions of another party. These tragic incidents can result from various circumstances, each involving unique legal complexities.

Understanding the most common causes of wrongful death can help surviving family members recognize when they might have a valid claim.

Typically, these causes include vehicle accidents, workplace accidents, defective products, and medical malpractice. Identifying the root cause is the first step towards seeking justice and compensation for the loss of a loved one.

Let's explain these causes below:

1. Vehicle Accidents

Vehicle accidents can also one of the leading causes of wrongful deaths. A report by the National Highway Traffic Safety Administration (NHTSA) found that there were over 16,000 deaths due to crashes. The number of fatal vehicle crashes in California was over 3,500 last year.

The majority of the accidents occur due to disregard of the road safety rules by the driver. The fatalities due to truck, car, and motorcycle accidents often occur due to speeding, breaking the red light, and drunk driving. The negligent driver will be held liable for the wrongful death of any individual including other drivers, passengers, and

2. Workplace Accident

Occupations involving construction work and manual labor have a high risk of a workplace accident.

A wrongful death cases can arise if the employer did not take action to ensure the safety of the workers. An employer will be held liable for putting the employees in a dangerous situation that resulted in a death.

3. Defective Products

Wrongful death cases can also arise due to defective products. Manufacturers will be held liable if they knowingly produce a defective product that results in the death of individuals. They will also be held liable for wrongful death if they did not warn about the dangers of using the product.

Some of the examples of wrongful death due to defective products include toxic food, defect in automobile parts, unsafe toys, and defective pharmaceutical products.

Final Remarks

Wrongful death cases are profoundly challenging and emotionally taxing for surviving family members. Understanding the common causes of wrongful death—such as vehicle accidents, workplace accidents, defective products, and medical malpractice—can help families recognize when they may have a legal claim.

The wrongful death attorneys at McCrary Accident Injury Law Firm can help you to determine your next course of action. Call (916) 579-7477 today to get in touch with an experienced wrongful death attorney in Rocklin, CA.

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When Can You File A Product Liability Lawsuit?

Post author By Dan McCrary
Post date July 19, 2021

When Can You File a Product Liability Lawsuit?

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Businesses in the US are required to inform the Consumer Product Safety Commission (CPSC) about potentially hazardous or defective products that they manufacture, import, distribute and sell to the public.

But manufacturers often don’t recall defective products, or fail to warn the public about the dangers associated with the products. They knowingly sell defective products, putting profits above the lives of individuals. As a result, consumers get injured or killed for which the manufacture will be held liable.

If you or your loved one has been injured or killed due to a dangerous or defective product, you should file a product liability lawsuit to claim compensation.

When Can You File A Product Liability Lawsuit - Overview

Accidents involving defective products can happen unexpectedly, leading to serious injuries or even fatalities. Understanding when you can file a product liability lawsuit is crucial for protecting your rights and seeking justice.

Generally, you can file a lawsuit if you or a loved one has been harmed by a product that is defectively designed, improperly manufactured, or lacks adequate warnings. The key is to establish that the product was inherently dangerous when used as intended, and that this defect directly caused your injury.

It's essential to act promptly, as each state has a statute of limitations that dictates the time frame within which you must file your claim. Missing this deadline can result in losing your right to compensation.

Product Liability Statute of Limitations

Individuals who get hurt due to a defective or dangerous product can file a lawsuit under different categories. They can file a case under the following categories:

Defective design
Defective manufacturing
Failure to warn

The manufacturer, distributor, or retailer will be liable for personal injuries sustained due to any of the above reasons.

But you must file a product liability lawsuit soon after sustaining injuries due to a defective product.

Every state has set a time limit known as the statute of limitations for filing product liability cases. You must file a lawsuit for defective products within the specified time frame. Not filing the lawsuit within the specified time frame will prevent you from getting compensation from the guilty party.

The period specified in the statute of limitation for product liability cases ranges between 1 and 4 years in the US. In California, the product liability statute of limitations is 2 years. You must file the case within the time frame otherwise you lose the right to make the guilty party responsible for the injuries due to a defective product.

Where Can You File A Product Liability Case?

You must file a product liability case in the state where the manufacturer, distributor, or retailer is located. The statute of limitation will depend on the state where you file the lawsuit.

Remember that the statute of limitation starts when the injury occurs due to a defective product. However, sometimes injuries such as brain injuries are not apparent immediately.

In some cases, it takes years for a defendant to know about the injury. In such a case the clock starts when the individual discovers or a reasonable person should have discovered the injury due to a defective product.

Conclusion

Manufacturers have a legal obligation to the public. They should not sell products that pose a significant danger to the safety and health of the individuals under normal usage. Individuals who have been injured due to a defective product must contact a personal injury lawyer in Folsom, CA to file a product liability lawsuit against the manufacturer.

The clock is ticking and you need to act fast to claim compensation from the manufacturer for injuries due to a defective product.

The personal injury attorneys at McCrary Accident Injury Law Firm have detailed knowledge and experience in the field of product liability. We offer expert legal counsel and help to residents in Rocklin, CA. Contact us today at (916) 579-7477 for a free initial consultation regarding a product liability lawsuit.

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How Long Does A Personal Injury Lawsuit Take?

Post author By Dan McCrary
Post date July 19, 2021

How Long Does a Personal Injury Lawsuit Take?

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According to the National Center for Health Statistics, nearly 25 million people seek emergency medical attention for accidental injuries each year. If your injuries were caused by the careless or reckless conduct of another party, you can file a personal injury claim to recover financial compensation for your damages, including medical bills, lost wages, and pain and suffering.

You may be wondering: How long does a personal injury lawsuit take in California? The answer depends on many different factors—and it is important to emphasize that many personal injury cases are settled before any trial. In this article, our Rocklin personal injury attorney provides a comprehensive overview of the average timeline for a California personal injury case.

How Long Does A Personal Injury Lawsuit Take? Overview

After an accident, it is normal to have a lot of questions running through your head. Most people want to know how long they should expect their case to take. Unfortunately, there is no one answer to this question—the timeline can vary dramatically based on the severity of your injuries and the complexity of your case. In the fastest cases, a personal injury case may settle within a few weeks. On the other of the spectrum, personal injury litigation can take years. Here is a brief overview of the timeline in an accident and injury case in California:

Medical Treatment: You should get immediate medical attention after an accident. Your health and well-being always come first. Make sure you get the ongoing and follow-up care needed to make a maximum medical recovery. You will not be eligible to bring a personal injury lawsuit without medical records.
Investigation of the Accident: All serious accidents require a comprehensive investigation. The investigation should start promptly and continue until all evidence is discovered. Whether you were hurt in a traffic collision or a slip and fall, we need to know exactly what happened and why. Personal injury cases are based on fault. You need to prove the defendant’s liability to recover compensation.
Notification & Demand: To bring a successful personal injury claim, a plaintiff must notify all applicable defendants and their insurance carriers. In most cases, your attorney will send a demand letter within a few weeks of being hired. A demand letter is official legal notice that you have a claim and you are preparing to pursue compensation.
Settlement Negotiations: Not all personal injury claims require a lawsuit. Even if a lawsuit is required, the case may still be settled outside of court. How long settlement negotiations take depend on the severity of your injuries, the value of the case, and strategy of the defendant’s or insurer’s cases. Though, on average, settlement occurs within months of an accident.
Personal Injury Litigation: Sadly, not all defendants or insurers are willing to settle a claim for full and fair value. You always have the right to file a lawsuit and take your case into a California court. With some exceptions, it usually takes one or two years for a trial verdict in personal injury litigation.

As every personal injury case has its own contours, it is crucial that you receive the personalized representation that you need to get a successful outcome. When your claim is handled the right way, you will be able to navigate the claims process more efficiently and more effectively, Of course, personal injury claims should not be rushed. With a strong, well-presented case, you will be in the best position to maximize your compensation.

You Must File A Lawsuit Before The Deadline

You must file a lawsuit before the statute of limitations expires. Under California law (California Code of Civil Procedure § 335.1), most personal injury cases are subject to a two-year statute of limitations. If you fail to take legal action within two years of the date of the accident, you could lose out on your opportunity to get the full and fair financial support you rightfully deserve.

Most Accident and Injury Claims Are Settled Outside of A Lawsuit

It is important to emphasize that only a small percentage of personal injury claims are resolved at trial. While comprehensive data is difficult to come by, the Bureau of Justice Statistics (BJS) estimates that fewer than five percent of personal injury cases go to trial.

That being said, defendants and insurance companies will not offer a full and complete settlement unless you can present a strong, well-supported case. Further, in some circumstances, personal injury claims are not settled until after a lawsuit is filed.

If you or your loved one was hurt in an accident in Northern California, it is essential that you hire a top personal injury attorney. Your lawyer will put together a case, represent you in settlement negotiations, and take the action needed to protect your rights and interests.

You Deserve Full Compensation In Your Personal Injury Case

Emergency room treatment;
Medical bills and other costs;
Rehabilitative care;
Mental health counseling;
Loss of current and future income;
Pain and suffering;
Mental distress;
Scarring or disfigurement;
Permanent physical impairment; and
Wrongful death of a loved one.

How California Personal Injury Attorney Dan McCrary Can Help

Personal injury cases are complicated. Even relatively small mistakes can result in the delay or denial of your claim. Skilled in personal injury litigation, Dan McCrary, Esq knows how to get results for clients. With more than 14 years of experience representing insurers in personal injury claims, he knows exactly how these companies operate. When you reach out to our Rocklin law office, you will have a chance to consult directly with a personal injury lawyer who will:

Conduct a free, comprehensive review of your case;
Explain your rights and answer questions about the next steps;
Investigate your accident—gathering evidence of liability and damages;
Represent you in settlement negotiations with defendants and insurers; and
Take your personal injury claims as far as needed to maximize your financial support.

We know how frustrating the personal injury process can be. You need money to pay your bills now—our legal team is ready to take action to ensure that your case is resolved in a timely manner and you are able to get the full financial compensation you rightfully deserve. With the McCrary Accident Injury Law Firm, you never need to worry about the cost of hiring a five-star personal injury attorney. We represent injured victims on conteincy, so no upfront fees or out-of-pocket expenses.

Call Our Placer County, CA Personal Injury Lawyer for Immediate Help

At McCrary Accident Injury Law Firm, our California personal injury attorney is a skilled and results-oriented advocate for victims and their families. You are not alone—our team is here to help you navigate your claim. If you have questions about the length or timing of the personal injury process, we are more than happy to help. Contact us at 855-PLANDAN to set up a free, no obligation review and evaluation of your personal injury case. From our office in Rocklin, we represent injured victims throughout Placer County, including Auburn, Roseville, Loomis, Lincoln, and Colfax.

Personal Injury Blog Categories

Personal Injury
Car Accident
Dog Bite
Motorcycle Accident
Truck Accident
Uber or Lyft
Wrongful Death
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Have a plan after a car accident

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Immediately after the accident, contact your insurance company with information

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