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Can I Be Found Liable If My Car Is Rear-Ended In A Crash?

Post author By Dan McCrary
Post date March 21, 2023

Can I Be Found Liable If My Car Is Rear-Ended in a Crash?

Can I Be Found Liable If My Car Is Rear-Ended In A Crash?

By Dan McCrary | March 21, 2023

The Truth About Rear-End Collisions in California: What You Need to Know

You're cruising down the highway, enjoying the breeze from your car windows and the warmth of the sun on your skin. You're singing along to your favorite tune at the top of your voice when suddenly, there's a loud bang from behind. Your car jolts forward, and you feel a sharp pain in your neck. You've just been hit from behind.

It's a situation no one wants to find themselves in, but unfortunately, it's all too common on California roads. Rear-end collisions can happen to anyone at any time and can cause serious injuries and damage. That's why it's crucial to understand the facts about rear-end collisions and how they can impact you.

So what exactly is a rear-end collision? It's when a vehicle hits another vehicle from behind, causing damage and potential injury. While they may seem minor, rear-end collisions can have serious consequences, from whiplash and spinal injuries to totaled cars and lost wages.

That's why it's essential to understand the importance of safe driving and the impact that rear-end collisions can have on your life. By avoiding distracted driving and leaving enough space between cars, you can help prevent these accidents from happening in the first place.

Don't let a rear-end collision take you by surprise. Take the time to understand the facts about these accidents and how to avoid them. Stay safe on the roads and enjoy your drive, knowing you're taking the necessary steps to protect yourself and your loved ones.

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Table Of Contents

1. Can You Be Held Liable If Your Car Is Rear-Ended?

2. Facts About Rear-End Collisions in California

3. Why Is the Rear Driver Usually Liable for a Rear-End Car Accident?

4. Exceptions to Rear Driver Liability

5. Am I Liable If I'm Rear Ended And Pushed Into Another Vehicle?

6. Comparative Fault in California Rear-End Car Accidents

7. Who Is at Fault in a Three-Car Accident?

8. What is the Main California Law on Rear-End Car Accidents?

9. Involved In A Rear End Accident? Call McCrary Accident Injury Law Firm

10. Conclusion

Can You Be Held Liable If Your Car Is Rear-Ended?

Picture yourself sitting at a red light, patiently waiting for it to turn green. All of a sudden, you're jolted forward as your car is pushed from behind. You've just been involved in a rear-end collision. While it may seem like the driver who hit you is automatically to blame, determining fault can be more intricate than that.

In California, the rule is that the driver who rear-ends another vehicle is responsible for the accident. However, there are exceptions to this rule. For example, if the car in front has malfunctioning brake lights and the driver fails to use hand signals, they could be found partially at fault for the accident.

But what about the driver who was rear-ended? Can they be held liable for the accident? The answer is yes, in some cases. If the driver was negligent or recklessly, they could be found partially at fault for the accident. For example, if the driver suddenly slams on the brakes for no reason, causing the car behind to rear-end them, they could be found partially at fault.

It's important to note that even if the rear-ended driver is found partially at fault, they can still recover damages from the other driver. California operates under a comparative fault system, which means that each driver is assigned a percentage of fault for the accident. The damages are then adjusted based on the percentage of fault assigned to each driver.

In conclusion, don't assume fault in a rear-end collision. It's important to know your rights and understand the nuances of liability in these types of accidents. If you've been in a rear-end collision, contacting an experienced attorney is important to help you navigate the legal process and get the compensation you deserve.

Facts About Rear-End Collisions in California

Are you aware of the shocking facts about rear-end collisions in California? These accidents are too common on our roads and highways, and their impact can be devastating.

What factors contribute to these types of accidents? One major cause is distracted driving. Distractions can lead to devastating consequences, whether it's texting behind the wheel, eating while driving, or just not paying attention to the road. In addition, following too closely or tailgating is another leading cause of rear-end collisions. By leaving insufficient space between vehicles, drivers put themselves and others at risk of a collision.

The injuries and damages associated with rear-end collisions are no laughing matter. Even if a collision initially seems minor, it can lead to whiplash, concussion, and other serious injuries. And the financial costs of repairing a vehicle or seeking medical treatment can add up quickly.

Why Is the Rear Driver Usually Liable for a Rear-End Car Accident?

Have you ever suddenly found yourself inches away from the car in front of you? Maybe you were distracted by your phone or just not paying attention. Therefore, not leaving a safe distance between vehicles can have serious consequences.

In California, leaving a safe distance between vehicles is not just a suggestion, and it's the law.

When you're behind the next car, you are responsible for driving safely and avoiding accidents. But what happens if you don't? What if you're the driver who rear-ends another vehicle?

The legal answer is that you're usually liable for the accident. That's because a legal presumption of negligence applies in rear-end collisions. In other words, if you rear-end another vehicle, the law assumes that you were negligent and at fault for the accident.

This presumption of negligence is based on the idea that the driver in the back has a greater duty to avoid collisions. After all, you have a clear view of the road ahead and should be able to see if the car in front of you is slowing down or stopping. If you rear-end another vehicle, it's generally assumed that you didn't leave a safe distance between vehicles, weren't paying attention, or were otherwise careless.

But what if there were extenuating circumstances? What if the car in front of you suddenly swerved into your lane or slammed on its brakes for no reason? In some cases, there may be defenses to rear driver liability. For example, if the other driver was driving recklessly or was under the influence of drugs or alcohol, they may share some of the faults for the accident.

Ultimately, it's important to remember that driving is a privilege, not a right. When you get behind the wheel, you're not just responsible for your own safety but for the safety of everyone else on the road. By leaving a safe distance between vehicles, you can help prevent accidents and protect yourself and others from harm.

Exceptions to Rear Driver Liability

What about those situations where the lead driver may be at fault?

In certain situations, the lead driver may be responsible for a rear-end collision. For example, if the lead driver stops suddenly and remains stopped, drives in reverse, fails to use their hazards to communicate with other drivers, or is distracted and fails to move through an intersection after a traffic light turns green, they could be considered negligent.

However, this doesn't mean the lead driver is always at fault. These factors could transfer some or all of the fault for an accident to the lead driver. The legal system requires a full and thorough investigation to determine fault. All factors, including the negligence of everyone involved, must be considered.

Other exceptions to rear driver liability exist, such as the sudden emergency doctrine and comparative fault. The sudden emergency doctrine applies when a driver faces a sudden and unexpected emergency, such as a pedestrian walking into the road. In this situation, the rear driver may not be found liable.

Comparative fault, on the other hand, applies when both drivers are found to be at fault. In this case, the court will assign a percentage of fault to each driver, and damages will be awarded accordingly.

While the rear driver is generally liable in a rear-end crash, it's important to understand the exceptions to this rule. If you're involved in an accident, seeking legal advice from a trusted attorney is essential. They can help determine who is at fault and ensure you receive fair compensation for any damages or injuries you may have suffered.

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Am I Liable If I'm Rear Ended And Pushed Into Another Vehicle?

The truth is, there's no easy answer. In most cases, the rear driver is considered at fault for a rear-end collision. That means that if you're the one who rear-ended the car in front of you, you'll likely be held liable for any damage or injuries that result from the accident. But what about situations where you were pushed into the car in front of you by the car behind you?

If you're in a rear-ended vehicle, the other driver is typically the one who is responsible for the accident. They had a duty to maintain a safe distance and drive carefully; if they failed, they could be held liable for the damage they caused.

But what if you're the middle car in a three-car pileup? In this scenario, the driver who rear-ended you is still at fault for the accident. They set off the chain reaction that led to the collision and are responsible for any damage or injuries.

Finally, what if you're the front car in a rear-end collision? In this situation, the driver who rear-ended you is almost always at fault. They had a responsibility to drive at a safe distance and avoid colliding with your vehicle. Of course, there are some exceptions to this rule. For example, if you suddenly slam on your brakes for no reason, you could be held partially responsible for the accident.

So, what can you do if you're involved in a rear-end collision? The best thing you can do is to stay calm and exchange information with the other drivers involved. If you're injured, seek medical attention right away. And if you're unsure about who is at fault, don't hesitate to contact an experienced personal injury attorney. They can help you understand your legal rights and fight for the compensation you deserve. Remember, you don't have to face this alone.

Comparative Fault in California Rear-End Car Accidents

Let's talk about comparative fault. In California, comparative fault means that each person involved in an accident is assigned a percentage of fault based on their actions leading up to the crash. Even if you're partially at fault, you can still recover compensation from others who are also at fault.

In a rear-end collision, comparative fault applies to both the rear and lead drivers. The rear driver is typically responsible for the accident, but exceptions exist. If the lead driver was negligent in some way, they might also share fault for the crash. For example, if the lead driver suddenly stops for no reason and doesn't have working brake lights, they could be held partially responsible.

Who Is at Fault in a Three-Car Accident?

Have you ever been in a three-car accident and wondered who was at fault? It's a tricky situation, but don't worry; we've got you covered.

First, let's define what a three-car accident is. This type of accident occurs when three vehicles collide with each other, usually in a chain reaction. The car in the middle is typically the one that bears the brunt of the impact and is the one that sustains the most damage.

Now, let's talk about determining fault in a three-car accident. It's not as simple as just looking at the car in the back and assuming they're at fault. It's entirely possible for the car in the front to be responsible for the collision. It all comes down to the specific circumstances of the accident and who acted negligently.

Imagine driving down the highway, and the car in front of you slams on its brakes. You manage to stop in time, but the car behind you isn't paying attention and crashes into you. As a result, your car gets pushed forward and hits the car in front of you. In this scenario, the car in front of you could be found at fault for suddenly braking without warning.

Lastly, let's discuss liability and damages in a three-car accident. In most cases, the driver who is found at fault is responsible for covering the damages to the other vehicles involved. However, if multiple parties share responsibility, then liability can be divided between them.

In conclusion, a three-car accident is a complex situation that requires careful analysis to determine fault and liability. But by understanding the specific circumstances of the accident, we can better determine who is responsible for covering the damages.

What is the Main California Law on Rear-End Car Accidents?

In California, the main law that deals with rear-end car accidents is section 21703 VC of the California Vehicle Code. This law penalizes drivers who do not follow other vehicles at a safe distance, which is also known as tailgating and is the most common cause of rear-end collisions. The law does not specify how close is too close, but it forbids following another vehicle "more closely than is reasonable and prudent." A reasonable and prudent following distance depends on various factors, including the speed of the vehicles, road and weather conditions, and stopping distances.

Violation of California Vehicle Code section 21703, which prohibits drivers from following another vehicle too closely, is a traffic offense in California. The penalty for this violation is a fine, the amount of which can vary depending on the specific circumstances of the offense. However, there is no specific fine amount stated in the law itself.

In addition to the fine, a violation of section 21703 will result in one point being added to the driver's record with the California Department of Motor Vehicles (DMV). Points added to a driver's DMV record may be reported to the driver's auto insurer and could potentially result in an increase in insurance rates that lasts for several years.

The importance of following safe driving practices, such as leaving a safe following distance, cannot be overstated. Drivers who tailgate not only put themselves at risk of getting a ticket and incurring fines and penalties but also endanger themselves and others on the road. Therefore, it is crucial for drivers to always maintain a safe following distance to prevent rear-end collisions and stay safe on the road.

Involved in a Rear End Accident? Call McCrary Accident Injury Law Firm

Picture this: you're driving down the road, minding your own business, and then suddenly, BAM! You're hit from behind by another driver. It's a scary situation and one that can leave you feeling confused and overwhelmed. What should you do next? Who can you turn to for help?

The answer is simple: call McCrary Accident Injury Law Firm. When it comes to rear-end collisions, having the right legal representation on your side can make all the difference. With years of experience and a proven track record of success, McCrary Accident Injury Law Firm has the knowledge and expertise you need to get the compensation you deserve.

From the moment you call, you'll be treated with the respect and compassion you deserve. The team at McCrary Accident Injury Law Firm understands just how stressful and painful an accident can be, and they'll work tirelessly to ensure that your rights are protected, and your needs are met.

So what exactly can you expect when you work with McCrary Accident Injury Law Firm? For starters, you'll get a free consultation with one of out experienced attorneys. We will take the time to listen to your story, understand the details of your case, and help you determine the best course of action moving forward.

From there, We’ll provide you with a range of services, including negotiating with insurance companies, gathering evidence and witness testimony, and representing you in court if necessary. We will be your advocates every step of the way, fighting to ensure that you get the compensation you need to cover your medical bills, lost wages, and other damages.

At McCrary Accident Injury Law Firm, we're here to help you through the aftermath of a rear-end collision. If you've been involved in such an accident, don't hesitate to reach out to us at (855) 752-6326 for a free consultation. Our team is available 24/7 to assist you in seeking the compensation you deserve. Take action now and contact us today to get started.

Conclusion

Rear-end collisions are common and can result in serious injuries and property damage. In California, the driver who rear-ends another vehicle is typically found at fault, although there may be exceptions depending on the circumstances. It is important for all drivers to leave a safe distance between vehicles and remain attentive to their surroundings to prevent accidents.

Key takeaways for drivers include understanding their legal responsibilities in the event of a rear-end collision, seeking legal representation if necessary, and being mindful of safe driving practices. This includes avoiding distractions such as texting while driving, obeying traffic laws, and driving defensively.

Ultimately, the most important aspect of safe driving is to stay alert and focused while on the road. By taking responsibility for their actions and being proactive in preventing accidents, drivers can help to ensure the safety of themselves and others on the road.

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Reasons Why Car Accident Insurance Claims Are Denied

Post author By Dan McCrary
Post date February 22, 2023

Reasons Why Car Accident Insurance Claims Are Denied

Home » Blogs • Car Accident

Reasons Why Car Accident Insurance Claims Are Denied

By Dan McCrary | February 22, 2023

Don't let your insurance company deny your car accident claim! Discover the reasons why claims are denied and how to avoid them.

Insurance companies are like fortresses built to protect their bottom line at all costs. They use complex algorithms and actuarial tables to assess risk and calculate premiums, and they employ teams of skilled adjusters and lawyers to scrutinize every claim. Insurance companies aim to pay out as little as possible while still meeting their legal obligations.

Have you ever been in a car accident and thought you were covered by your insurance, only to have your claim denied? It's a frustrating and all-too-common experience. But why do insurance companies deny claims in the first place? In this article, we'll explore why car accident insurance claims are denied and what you can do to avoid falling victim to these tactics.

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Table Of Contents

1. REASONS WHY CAR ACCIDENT INSURANCE CLAIMS ARE DENIED

2. Other Possible Reasons an Insurance Claim Can be Denied?

3. FAQs

4. Conclusion

REASONS WHY CAR ACCIDENT INSURANCE CLAIMS ARE DENIED

Discover the top reasons why insurance companies deny car accident claims and what you can do to protect yourself.

Both Drivers Were at Fault, or Liability Is Disputed

Understanding the terms and extent of coverage under an auto insurance policy is like navigating a minefield. You think you're covered, but one wrong move and your claim can be blown to smithereens. In the event that you encounter a circumstance where both drivers are responsible, or if there is a disagreement regarding liability, you may feel trapped in a difficult situation.

But fear not, my friends. With some knowledge and persistence, you can fight against insurance companies and get the compensation you deserve. Let's break it down.

If a driver engaged in behavior that voided their insurance coverage, the insurance company would likely deny the claim entirely. It's like driving a car with a flat tire - you will get tiny. Behaviors like driving under the influence of alcohol or drugs, or texting while driving, are like shooting yourself in the foot - you're just asking for trouble. And if an unlicensed driver is behind the wheel with the owner's permission, it's like playing Russian roulette - sooner or later, someone will get hurt.

But what if neither driver did anything wrong? What if there's a question as to who caused the accident? This is where things can get murky. Insurance companies can be like bickering siblings, each pointing fingers at the other. They may disagree on whose responsibility it is to pay the claims, which can leave you feeling like you're caught in a tug-of-war.

So, what can you do? First, document everything. Take pictures, gather witness statements, and get a police report. Second, don't back down. If the insurance company denies your claim, appeal the decision and provide as much evidence as possible. And finally, consider getting a lawyer involved. They can be like a beacon of hope, guiding you through the storm and helping you navigate the treacherous waters of the insurance industry.

In conclusion, understanding why car accident insurance claims are denied is crucial to protecting yourself and your wallet. Don't let the insurance company steamroll you, whether it's due to intentional wrongdoings or a dispute over liability. With some knowledge and persistence, you can fight back and get the compensation you deserve.

A Medical Evaluation Was Not Done

Imagine you're driving down a winding road, windows down, music blaring, and life couldn't be better. Suddenly, you're hit from behind by a careless driver who was too busy texting to pay attention. You get out of the car, adrenaline pumping, and you feel... okay. No broken bones, no cuts or bruises. You exchange information with the other driver, and you both go on your way. Crisis averted, right?

Not so fast. Even if you feel okay after a car accident, it's essential to obtain a medical evaluation immediately. Why? Because some injuries may not be immediately apparent, and without proper medical documentation, Demonstrating that the injuries you sustained were directly caused by the car accident can be significantly more challenging.

Think of it like a ticking time bomb. Just because you don't see the damage doesn't mean it's not there. Some injuries can lurk beneath the surface, waiting to cause pain and suffering down the road. It's like a dormant volcano - you never know when it will erupt.

And if you wait too long to have your injuries diagnosed and documented, the insurance company can use it against you. They might argue that your injuries weren't caused by accident, leaving you with the bill for medical treatment. It's like a game of cat and mouse - the insurance company is the cat, and you're the mouse, trying to stay one step ahead.

However, it is not necessary for the situation to remain this way. You can protect yourself and your wallet by getting a medical evaluation immediately after the accident. Even if you feel fine, see a doctor anyway. It's like getting a tune-up for your car - just because it's running smoothly now doesn't mean there aren't underlying issues. And if you do have injuries, don't wait to get them treated. It's like putting off an oil change - the longer you wait, the more damage you're doing.

In conclusion, getting a medical evaluation after a car accident is critical. Don't be like the ostrich with its head in the sand, hoping the problem will disappear. Be proactive, protect yourself, and get the treatment you need. Because when it comes to your health and your wallet, it's always better to be safe than sorry.

The Claim Exceeds the Coverage Amount

Have you ever been involved in a car accident only to have your insurance claim denied? It's frustrating. But did you know that there are common reasons why insurance companies deny claims and that you can take steps to prevent it from happening to you?

One of the main reasons a claim may be denied is if it exceeds the coverage amount. It's essential to ensure your auto insurance policy matches or exceeds your needs, especially if you drive a valuable car. If your vehicle is worth $100,000 and you're hit by a driver with only $50,000 in coverage, you could be left with a denied claim and a hefty bill to pay.

But that's not the only reason why claims are denied. Perhaps the accident should have been reported promptly, or there were discrepancies in the information provided. The insurance company may believe your negligence caused the accident. Whatever the reason, it's essential to understand the potential pitfalls and take steps to avoid them.

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The Insurance Company Wasn't Notified in Time

Picture this: you're driving down the road, listening to your favorite playlist, and enjoying the scenery. Suddenly, a car comes out of nowhere and hits you, leaving your car battered and bruised. You exchange information with the other driver and go about your day, relieved you're not seriously hurt. But hold on, did you forget something? Something important that could cost you thousands of dollars?

That's right, and you forgot to notify your insurance company. When you signed up for your insurance policy, you agreed to specific terms and conditions, including the requirement to inform them of any accidents you're involved in. This is not just some arbitrary rule, but a crucial step in ensuring your claim is investigated promptly and thoroughly.

But what happens if you fail to meet this obligation? What if you neglect to inform your insurer within the designated time frame? Well, brace yourself for some bad news. Your claim could be denied, leaving you with no financial assistance to cover the cost of repairs or medical bills. That's right, your forgetfulness or procrastination could come back to haunt you in a big way.

And it's not just about the money. Notifying your insurance company could also jeopardize your safety on the road. If the accident was caused by another uninsured or underinsured driver, you could be left without any protection, putting you at risk of financial ruin and physical harm.

Denial Was Made in Bad Faith

Imagine you're driving home from work when suddenly, out of nowhere, another car slams into you. You're shaken, your car is damaged, and you're not sure what to do next. You call your insurance company, hoping they will help you through this difficult time. But instead, they deny your claim without giving you a valid reason. You're left feeling frustrated, angry, and confused. What just happened?

Well, my friend, it's possible that your insurer is acting in bad faith. Bad faith is a fancy term for unethical behavior, and it's something that no policyholder should have to deal with. If your insurance company is denying, undervaluing, or delaying your claim for no legitimate reason, then they are not living up to their end of the bargain.

Think of it this way: when you signed up for your insurance policy, you entered into a contract with your insurer. You agreed to pay your premiums on time, and they agreed to provide you with the protection you need in case of an accident. It's a simple, straightforward agreement. But when an insurer acts in bad faith, they are effectively breaking that contract. They are not upholding their end of the bargain, and that's simply not fair.

If you have a suspicion that your insurance provider is engaging in dishonest practices, there are several courses of action available to you. You can speak to a lawyer, file a complaint with your state's insurance department, or even take legal action against your insurer. It's not an easy road to travel, but it's important to stand up for your rights and hold your insurer accountable for their actions.

At the end of the day, insurance is supposed to provide peace of mind and protection in case of an accident. If your claim has been denied in bad faith, then you're not getting either of those things. Don't let your insurer get away with unethical behavior. Stand up for yourself, and fight for the coverage and compensation you deserve.

Other Possible Reasons an Insurance Claim Can be Denied?

You've just been in a car accident, and you're counting on your insurance company to help you cover the costs of repairs, medical bills, and other expenses. But what happens if they deny your claim? It's a frustrating and confusing situation, and you're left wondering why your insurer won't step up and provide the coverage you need.

There are many reasons why an insurance company might deny your claim, some of which may surprise you. Now, let us examine some of the most frequent causes and the steps you can take if you discover yourself in this circumstance.

First and foremost, it's important to acknowledge that insurance companies are businesses, and they are motivated by profit. This means that they may deny your claim if they believe it will cut into their bottom line. It's not a pleasant thought, but it's the reality of the industry.

Another reason for denial is a misinterpretation of policy language. Insurance policies can be dense, complex documents, and it's possible that your insurer simply didn't understand the terms of your policy or misinterpreted them in some way.

Inadequate documentation or information can also lead to claim denials. If you didn't provide your insurer with all the necessary information, or if they are missing key pieces of documentation, they may deny your claim simply because they don't have enough information to make a decision.

Similarly, if you fail to meet policy requirements, your claim may be denied. For example, if you don't pay your premiums on time or if you don't report the accident within the required timeframe, your insurer may deny your claim.

Finally, insufficient or inadequate evidence can also lead to claim denial. If you don't have enough evidence to support your claim, or if the evidence you do have is not strong enough, your insurer may deny your claim simply because they don't believe you have a valid case.

So, what can you do if your claim is denied for one of these reasons? The initial step is to converse with your insurance company and endeavor to comprehend their rationale. If you believe that your claim was denied unfairly, you may need to speak to a lawyer or file a complaint with your state's insurance department.

Ultimately, it is crucial to keep in mind that insurance companies are not your allies. They are businesses, and they are motivated by profit. That doesn't mean they are always acting in bad faith, but it does mean that you need to be vigilant and advocate for yourself if you want to get the coverage and compensation you deserve.

FAQs

What to Do When Your Car Accident Claim is Denied

Picture this: You've just been in a car accident, and you're left with a mountain of medical bills and property damage. After submitting a claim to your insurance provider, it may be declined. What do you do next? Don't panic. Take a deep breath and consult with our team of experienced lawyers. We can help you understand why your claim was denied and develop a strategy to challenge the decision.

Is There a Time Limit for Car Insurance Claims?

When dealing with car accident claims, time is a critical factor. But is there a limit to how long you can wait before filing? The short answer is yes. Insurance companies have strict guidelines for when claims must be filed, and failure to meet these deadlines can lead to your claim being denied. To ensure you're not caught off guard, consult with our legal experts. We can help you understand the time limits that apply to your specific case.

Can I Claim Old Damage on Car Insurance?

Car accidents aren't the only way your vehicle can sustain damage. Wear and tear, corrosion, and rust can all take a toll on your car's value. But can you file a claim for these types of damages with your insurance company? The answer isn't always clear-cut. It depends on the terms of your policy and the extent of the damage. Our team of lawyers can help you navigate the nuances of your policy and determine whether your old damage is covered.

Conclusion

When dealing with a denied car accident claim, it can be frustrating and overwhelming to navigate the legal system alone. Insurance companies are known for their profit motives and often deny claims for reasons that are unethical or even in bad faith. However, there are still options available for those who have had their claims denied. It's important to understand the reasons why insurance companies may deny claims, as well as the steps you can take to appeal their decision.

If you're feeling lost and don't know where to turn, don't hesitate to contact our experienced lawyers at the McCrary Law Firm. We have a deep understanding of the legal system and have helped countless clients successfully appeal denied car accident claims. With our help, you can get the justice and compensation you deserve. Don't let insurance companies deny you what you're entitled to - reach out to us today.

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Blogs Car Accident

File GEICO Claim: Secret of Accident Insurance Claims

Post author By Dan McCrary
Post date February 22, 2023

File GEICO Claim : Secret Of Accident Insurance Claims

Home » Blogs • Car Accident

File GEICO Claim: Secret of Accident Insurance Claims

By Dan McCrary | February 22, 2023

Have you ever filed a GEICO claim? If you are dealing with GEICO, one of the largest insurance companies in the country, this guide is for you.

Discover the secrets to effectively handling GEICO claims and get the compensation you deserve. With this guide, you'll be armed with the knowledge you need to protect your rights and avoid being shortchanged.

An accident can be a traumatic experience, leaving you feeling confused, overwhelmed, and uncertain about what to do next. While insurance companies like GEICO are supposed to help you through this challenging time, the reality is often different. They have a reputation for denying claims, delaying payments, and undervaluing damages, leaving claimants frustrated and shortchanged.

That's why it's crucial to know how to deal with GEICO after an accident. This guide will reveal the seven secrets to effectively handling GEICO claims. From avoiding recorded statements to negotiating a fair settlement, we'll cover everything you need to know to protect your rights and get the compensation you deserve.

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Table Of Contents

1. Importance of Effectively Handling GEICO Claims: How to Avoid Getting Shortchanged

2. Secret #1: Never Give a Recorded Statement: Protect Yourself from GEICO's Sneaky Tactics

3. Secret #2: Protect Your Settlement: Be Cautious About What You Say to Adjusters

4. Secret #3: Your Medical Bills May Not Matter

5. Secret #4: Your Claim Is Worth More Than You Think!

6. Secret #5: GEICO Adjusters Want You to Settle for Less

7. Don't Settle for Less: The Importance of Hiring an Experienced Auto Insurance Claims Attorney

8. Secret #6: GEICO'S Tricky Way To Justify Its Lowball Offers

9. Secret #7: You Might Have to File a Personal Injury Lawsuit

10. Conclusion

Importance of Effectively Handling GEICO Claims: How to Avoid Getting Shortchanged

Have you ever felt like you were being taken advantage of by an insurance company after an accident? The truth is, insurance companies like GEICO are not on your side. They are businesses with one goal in mind - to make a profit. That means they minimize the amount they pay on claims, leaving you with less than you deserve.

This is why it's so important to handle GEICO claims effectively. Doing so can protect your rights, avoid being shortchanged, and get the compensation you deserve. But what does it mean to manage a GEICO claim effectively?

At its core, it means being prepared, knowing your rights, and understanding the claims process. It means not giving in to pressure from adjusters, documenting your damages, and negotiating a fair settlement. With the proper knowledge and approach, you can level the playing field and ensure you're not taken advantage of. Let's jump into the secrets:

Secret #1: Never Give a Recorded Statement: Protect Yourself from GEICO's Sneaky Tactics

As the saying goes, "loose lips sink ships," and nowhere is this more true than in the world of personal injury claims. Providing a recorded statement to GEICO when dealing with an accident can be one of the biggest mistakes you make.

Why? Because in the hands of a savvy insurance adjuster, even the most innocuous comment can be twisted to undermine your case. Keep GEICO from catching you off guard with their sneaky tactics.

The truth is, GEICO is not on your side. They're a business whose primary goal is to make money rather than to help you get the compensation you deserve. GEICO executives make millions of dollars a year, and one of their primary strategies for increasing their profits is to minimize the amount of money they pay out to claimants like you.

One way they do this is by pressuring you to give them a recorded statement. They tell you that it's required by law or necessary to settle your claim, but be aware. You have the right to refuse, and it's in your best interest.

Even if you think you're just answering a few simple questions, GEICO adjusters are trained to elicit information that they can use against you. For example, if they ask how you're feeling, you might say, "fine," even though you're in a lot of pain. They can then use that statement to argue that you're not injured and don't deserve compensation.

This is just the beginning, and there are many other issues or challenges to address. GEICO adjusters are known for recording people without their knowledge, and in many states, this is perfectly legal. That means you could be having a casual conversation with an adjuster, thinking you're just providing them with information when they're recording everything you say.

That's why working with an experienced personal injury attorney who knows how to navigate the tricky waters of dealing with GEICO is so essential. Your attorney can help you avoid costly mistakes and protect you from GEICO's sneaky tactics.

Remember, you have rights and don't have to comply with GEICO's requests for a recorded statement. It's best to say "no" and direct all communication to your attorney. Don't let GEICO catch you off guard – protect yourself and your claim by working with an experienced legal team.

Secret #2: Protect Your Settlement: Be Cautious About What You Say to Adjusters

As you navigate the aftermath of a car accident, you find yourself fielding calls from an adjuster. They might seem friendly and empathetic, but make no mistake: their job is to minimize the amount of money from your account, GEICO has to pay you.

That's why it's crucial to remember the second secret to safeguarding your settlement: be careful what you say to adjusters.

The truth is adjusters are not your friends. They're looking for any weakness in your story that they can exploit. They'll ask you questions, trying to get you to say something that could reduce the amount they owe you. But don't be fooled: your best action is to stay tight-lipped.

Limit your responses to the basics, such as your personal information and the time and location of the crash. Anything beyond that is fair game for an adjuster to twist and turn to their advantage.

You might be tempted to share more information, such as the details of the accident or the extent of your injuries, but it's essential to resist that urge. These are precisely the things that the adjuster is looking for, and sharing them prematurely could harm your case.

Consider this scenario: tell the adjuster that you've only missed two work days due to your injuries. Later, you find out that you'll need surgery to keep you out of work for a month. The adjuster could use your earlier statement to undermine your claim for lost wages.

Remember, an adjuster is not your confidante. They're not interested in your side of the story but in protecting the insurance company's bottom line. By staying mum, you're protecting yourself.

So, what should you do instead? If you get a call from an adjuster, politely decline to answer any questions beyond the basics. Then, call a car accident lawyer who can help you navigate the claims process. Our lawyers know how to communicate with GEICO adjusters in a way that protects your settlement. We'll handle all the conversations, so you don't have to worry about accidentally saying something that could hurt your case.

In conclusion, when dealing with adjusters, remember the second secret to safeguarding your settlement: be cautious about what you say. Please don't give them any more information than you have to, and rely on a trusted car accident lawyer to handle the communication on your behalf. With this strategy, you'll be one step closer to getting the settlement you deserve.

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Secret #3: Your Medical Bills May Not Matter

Are you prepared to receive a settlement offer from GEICO that barely covers the cost of your medical expenses, let alone the pain and suffering you've experienced since the accident? Unfortunately, that's the reality for many accident victims who assume their medical bills will be the key factor in determining the value of their claim.

But don't be fooled by GEICO's tactics. The insurance company attempts to minimize the value of your claim by disputing the medical expenses you've incurred. They even bring in their medical professionals to assess the "usual and customary charges," which could be biased and result in a much lower settlement offer than you deserve.

Is this fair to you? Of course not! It would be best if you didn't have to worry about whether or not you can afford necessary medical treatment, especially when the expenses resulting from someone else's negligence. It's time to take action and fight for what you deserve.

That's where the right law firm comes in. Your car accident lawyer knows how to gather the right evidence to demonstrate the true value of your claim, even if your medical bills are low. We will fight for your rights and argue that you deserve to have the full amount of your expenses covered. We understand that your health and well-being are of the utmost importance, and we won't let GEICO's tactics stand in the way of the care you need.

Think about it this way: if you went to a restaurant and ordered a meal, would you expect to only pay for a portion of it? Of course not! The same goes for your medical expenses. You should be able to receive the necessary treatment without worrying about whether or not the insurance company will cover the cost. It's only fair!

So don't let GEICO's tactics discourage you from seeking the care you need. Contact a car accident lawyer who can fight for your rights and ensure you receive the settlement offer you deserve. We will stand up against GEICO for the rights of injured victims like you every day.

Secret #4: YOUR CLAIM IS WORTH MORE THAN YOU THINK!

Have you recently been in a car accident and received bills for medical treatment and auto repairs? Did you add up those bills and submit that amount to GEICO? If so, you leave a significant amount of money on the table.

Calculating the true value of your claim is about more than just adding up bills. It requires a comprehensive approach that considers all of how the accident has impacted your life. Our legal team has the expertise to help you accurately calculate your damages and fight for the full amount you deserve.

What about future medical expenses? Your injuries require ongoing treatment or therapy, and seeking compensation for these future costs is essential. Don't risk jeopardizing your right to file a lawsuit by waiting until all treatment is complete. With the help of expert witnesses and medical providers, we can estimate your future medical expenses and seek payment for them.

Lost earnings are another critical factor. If your injuries prevent you from working, even for a short time, seeking compensation for past and future lost income is essential. We can review pay stubs, time sheets, and employer statements to determine the amount of work and income missed.

Apart from medical bills and lost wages, the expenses related to an accident can accumulate rapidly. From rental cars to additional help with childcare or chores, all of these costs are recoverable in a car accident insurance claim.

Remember, non-economic losses. Emotional pain and suffering are just as valid as physical injuries, but they're harder to quantify in terms of monetary cost. However, this is one type of loss that GEICO frequently disputes.

GEICO, be quick to offer a far lower settlement than you need and deserve. If you accept that settlement, you can't come back and adjust the amount of your claim later. Don't let GEICO take advantage of you. Our legal team can help you accurately calculate your damages and fight for what's right.

In conclusion, calculating the true value of your claim is about more than just adding bills. It requires a comprehensive approach that considers all of how the accident has impacted your life. Our legal team has the expertise to help you accurately calculate your damages and fight for the full amount you deserve. Don't settle for less than you need and deserve. Contact us today to schedule a consultation.

Secret #5: GEICO Adjusters Want You to Settle for Less

This appears to be a repeated question that you have already asked me earlier. Please refer to my previous response to this question. Did you know that they might pressure you into accepting a lowball offer and then rush you into a settlement agreement? That's right; they want you to accept the first offer, no questions asked. But why would they do that?

It's simple. GEICO adjusters are trained to protect their company's bottom line, and the less they pay you, the better for them. They might even use a recorded phone call to make you feel pressured to settle quickly. Please don't fall for their tactics. Accepting the first offer could cost you dearly in the long run.

Think about it. If you accept the first offer, you're signing away your right to seek additional compensation for your injuries, no matter how much they might cost you. And let's remember, the first offer is almost always extremely low. You might need to find out the full extent of your injuries or how much they'll cost you. So, why rush into a settlement agreement that will only benefit the insurance company?

That's where we come in. As experienced auto insurance claims attorneys, we know how to negotiate effectively with GEICO and other major insurers. We've seen it all before and know how to get you a fair settlement offer that considers all your accident-related expenses, now and in the future. Refrain from trusting GEICO adjusters to have your best interest at heart. Trust us to fight for the money you deserve.

Don't Settle for Less: The Importance of Hiring an Experienced Auto Insurance Claims Attorney

When you're in a car accident, the last thing you want to worry about is dealing with insurance adjusters and settling claims. That's why it's so tempting to accept the first offer and move on with your life. But don't be fooled. Settling too quickly could cost you dearly in the long run.

That's why hiring an experienced auto insurance claims attorney is so important. We possess in-depth knowledge about the claims process and are skilled in negotiating with insurance adjusters to help you obtain the compensation you are entitled to. Don't leave your financial future in the hands of the insurance company.

Think about it. If you settle too quickly, you might not realize the full extent of your injuries or how much they'll cost you. You might be signing away your right to seek additional compensation, even if your injuries are much worse than you thought. Don't let that happen to you.

Instead, let us fight for you. We know how to evaluate your claim and provide knowledgeable advice on whether a settlement offer is fair. We know how to negotiate with adjusters to get you a fair settlement offer that considers all your accident-related expenses, now and in the future.

Don't settle for less. Hire an experienced auto insurance claims attorney today and get the money you deserve.

Secret #6: GEICO'S TRICKY WAY TO JUSTIFY ITS LOWBALL OFFERS

In the unfortunate event of a car accident, the individual at fault would be held fully responsible for any injuries and losses incurred. Unfortunately, GEICO adjusters have found a sneaky way to wiggle out of responsibility.

GEICO often tries to reduce the amount of your settlement offer by using a tactic known as comparative negligence. This means they will try to argue that you are partially responsible for the accident and, therefore, should receive less compensation. They might say that you were distracted, speeding, or driving recklessly.

But wait a minute! You know that you were not the one who caused the accident. Why should you be held responsible? This is where GEICO's trickery comes in. They twist the facts to make it seem like you were at least partially to blame. They even try to use your own words against you.

Don't be fooled! You have the right to fight back. The following are a few actions you can take to challenge GEICO's arguments and enhance your settlement offer:

Document everything: From the moment of the accident, document everything. Take pictures of the scene, gather contact information for witnesses, and get a copy of the police report. This documentation can help prove that the other driver was at fault.

Get medical treatment right away: Seek medical treatment immediately after the accident, even if you don't think you are injured. Some injuries, such as whiplash or back pain, not be immediately apparent. Medical records can also help to prove the extent of your injuries.

Hire an experienced attorney: Don't try to handle the case alone. An experienced attorney can help you understand your rights and fight against GEICO's unfair tactics. They can also help to negotiate a fair settlement offer.

Remember, GEICO's ultimate goal is to pay you as little as possible. Don't let them get away with it. You deserve to be fairly compensated for your injuries and losses.

If you are facing a situation where GEICO is attempting to lower your settlement offer, it is advisable to seek assistance from an experienced attorney without delay. With proficient legal representation, you can ensure that you obtain the rightful compensation that you deserve.

Secret #7: You Might Have to File a Personal Injury Lawsuit

No one wants to be embroiled in a legal battle with a massive corporation like GEICO. But when you're injured in a car accident, and GEICO refuses to pay you the compensation you deserve, what other options do you have?

Unfortunately, there comes a time when filing a personal injury lawsuit is the only way to ensure you receive fair and just compensation. This can happen when GEICO challenges liability protection for the accident or when your injuries are so severe that you need more than a settlement to cover your medical expenses and lost wages.

But how do you navigate the complicated world of car accident litigation? The first step is finding an experienced attorney to fight for your rights and ensure you get the compensation you deserve. A skilled litigator will help you understand the process, from preparing and filing a persuasive complaint within the statute of limitations to engaging in ongoing settlement negotiations to representing you at trial if needed.

It's important to remember that even though you'll file a claim with a lawsuit against the driver who caused your accident, GEICO will be the one paying the judgment up to the policy limits. This means they'll invest their resources to defend themselves against your lawsuit.

But not all law firms are created equal. Some firms are known as "settlement mills" and are only interested in settling your case as quickly as possible, even if it means you don't get the compensation you deserve. We are not one of those firms. Our team of skilled litigators is committed to fighting for our client's rights and ensuring they get the best possible outcome, whether settling out of court or going to trial.

Obtaining the proper legal representation at the onset of your claim can have a significant impact. Insurance companies like GEICO know which law firms are willing to go to trial and which are not. Hiring an experienced attorney can send a message to GEICO that you're not willing to settle for anything less than what you deserve and can even encourage them to offer a fair settlement without the need for a lawsuit.

Our goals are your goals. We want to ensure you get the compensation you need and deserve, and we won't stop fighting until you do.

Conclusion - Secret of Accident Insurance Claims

Dealing with GEICO can be a frustrating and difficult process, especially when you are trying to recover from a car accident. The insurance company is known for using tactics to minimize their payouts and save money.

However, armed with the knowledge of GEICO's secrets and how to counter them, you can maximize your settlement offer and ensure that you receive fair compensation for your injuries and losses.

Remember, having an experienced and skilled attorney on your side is important to help you navigate the complex legal process and protect your rights.

Do not accept a settlement offer that is less than what you rightfully deserve. With the right approach and legal representation with McCrary Law Firm, you can hold GEICO accountable and achieve a positive outcome for your case.

Let us do all the coverage for you.

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Motorcycle Laws In California: Understanding The Rules of The Road

Post author By Dan McCrary
Post date February 22, 2023

Motorcycle Laws in California: Understanding the Rules of the Road

Home » Blogs • Car Accident

Motorcycle Laws In California: Understanding The Rules of The Road

By Dan McCrary | February 22, 2023

Riding a motorcycle in California can be a thrilling experience. However, to ensure your safety and avoid any legal trouble, it is vital to understand motorcycle laws in california.

This article will take a comprehensive look at the various laws governing motorcycle riding in California.

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Table Of Contents

1. California Motorcycle Laws: Essential Rules to Keep You Safe on the Road

2. Safe and Stylish: California's Equipment Laws Every Motorcycle Rider Needs to Know

3. Why Lane-Splitting Could Be a Lifesaver for Motorcyclists

4. DUI Laws for Motorcyclists in California

5. Common Myths About Motorcycle Laws in California

6. Carrying Passengers on a Motorcycle in California: What You Need to Know

7. CONTACT OUR MOTORCYCLE ACCIDENT LAWYERS

California Motorcycle Laws: Essential Rules to Keep You Safe on the Road

Do you hear the roaring sound of a motorcycle engine and feel the need for speed? Before you hit the open road, it's crucial to familiarize yourself with the California law and regulations that keep motorcycle riders and drivers safe.

From helmet requirements to valid California motorcycle license and registration, each rule plays a critical role in protecting you and others on the road.

As you gear up for your next motorcycle adventure, do you know the ins and outs of California motorcycle laws?

By understanding these rules, you'll be able to make the most of your ride without endangering yourself or others.

The Art of Motorcycle Licensing: Navigating the Requirements

So, you're ready to hit the open road on your motorcycle. But before revamping your engine, ensure you have the proper credentials. Obtaining a motorcycle license requires steps, from completing a written exam & motorcycle training to passing a skills test.

Like any art form, mastering motorcycle licensing requires practice and dedication. But with the proper knowledge and skills, You also have to complete a motorcycle rider training course. If you're over 18, then you have to pass both a vision exam and a knowledge test, and you'll be on your way to cruising down the highway in no time.

Rev Up Your Knowledge: The Consequences of Driving Without a Motorcycle License

It might seem thrilling to hit the road without a motorcycle license. But what are the consequences of getting caught? You will face legal penalties, including fines and potential jail time, and you'll also put yourself and others at risk of injury or death.

Think of a motorcycle license like a ticket to the show – it's your pass to ride and enjoy the experience while staying safe and legal.

Safe and Stylish: California's Equipment Laws Every Motorcycle Rider Needs to Know

As a motorcycle rider, there are few things more exhilarating than hitting the open road and feeling the wind on your face. But with that freedom comes responsibility, and California has established laws and regulations to ensure riders remain safe and visible on the road.

One of the essential safety regulations is California Vehicle Code (CVC) 27803, which requires all motorcycle drivers and riders to always wear helmets that comply with the U.S. Department of Transportation standards.

Helmets can be seen as the rider's armor, protecting the head and face from impact during an accident. Just like a knight must wear his armor when he goes to battle, a rider must wear his helmet to protect himself while riding.

However, helmets are not the only safety equipment riders need on their motorcycles. According to CVC 26709, all motorcycles must be equipped with suitable and left mirrors. This helps riders to see the traffic behind them, giving them better awareness of their surroundings and reducing the risk of accidents.

Another vital safety regulation relates to the positioning of handlebars, as defined by CVC 27801. Handlebars should not be installed in such a position that puts the rider's hands more than six inches above his or her shoulder height as he or she sits on the seat.

This regulation helps to ensure that the rider has better control of the motorcycle and reduces the risk of accidents caused by losing control.

According to California regulations, motorcycles that were built and registered on or after January 1, 1973, must have functioning turn signals installed at both the front and rear of the vehicle.

These signals help riders communicate their intentions to other drivers on the road, reducing the risk of accidents and ensuring better road safety.

For motorcycles and exhaust systems manufactured from 2013 onwards, exhaust systems must comply with the Motorcycle Anti-Tampering Act, which ensures that the bike does not emit excessive pollutants into the air.

This helps protect the environment and ensures that the motorcycle is safe and reliable to ride.

When riding at night, it's essential to ensure that you have adequate lighting to ensure visibility. According to California regulations, if you drive a motorcycle at night, you must have a minimum of one headlight.

This helps other drivers see you from a distance, reducing the risk of accidents and ensuring better road safety.

Finally, under state law, motorcycles must have taillights that will remain on for 15 minutes after the engine has been shut off

This ensures that the motorcycle remains visible even after the engine has been turned off, helping to reduce the risk of accidents and ensuring better safety for riders.

Helmet and other safety equipment laws are in place for a reason.

The purpose of these regulations is to safeguard the well-being of both motorcyclists and other individuals on the road and to mitigate the likelihood of accidents occurring. By following these laws, riders can enjoy the freedom of the open road while remaining safe and responsible.

So, before you hit the road, ensure you have all the necessary safety equipment and remember that safety is always the number one priority.

Why Lane-Splitting Could Be a Lifesaver for Motorcyclists

As a motorcyclist, have you ever felt trapped in traffic, surrounded by cars, and unable to move forward? Lane-splitting and lane-sharing may be the solution to this problem, and it's legal in California! With Assembly Bill 51 in 2016, California became the only state in the U.S. where lane-splitting is legal.

However, as much as lane-splitting can be a convenient and practical way to maneuver through traffic, it's not without its risks. So, how do you know when it's safe to split lanes? The California Highway Patrol has created guidelines to help riders make the best decisions regarding lane-splitting.

But even with these guidelines, accidents still happen. Many experts speculate that lane-splitting is the cause of most motorcycle accidents. As a rider, it's essential to take additional precautions when lane-splitting.

The Dangers of Lane-Splitting and How to Avoid Them

Lane-splitting is not for the faint of heart. It takes skill, experience, and a willingness to take risks. But even the most skilled riders can find themselves in a dangerous situation while splitting lanes.

While lane-splitting allows you to avoid sitting in a "death zone" between vehicles, it also exposes you to other risks. Almost all incidents between motorcycles and passenger vehicles that occur while lane-splitting result from being pinned between two vehicles. This can be caused by the driver of one or both cars veering toward the motorcycle or by the motorcyclist lingering too long in the blind spots of other vehicles.

The best way to protect yourself while lane-splitting is to stay alert and avoid passing between parallel cars unless you have enough space to move if another driver merges and closes the gap. Make sure that drivers see you coming before you are in the middle of the cars, and avoid splitting lanes at high speeds.

Remember, intentionally blocking or impeding a motorcyclist in a way that could cause harm to the rider is illegal. As much as you have the right to lane-split, other drivers are responsible for sharing the road.

Greater Risks

If you are a motorcyclist, you are likely aware of the dangers of sharing the road with cars, trucks, and other larger vehicles. The risks are even more significant when lane-splitting or lane-sharing, as you thread the needle between vehicles and have less space to maneuver if something goes wrong.

However, lane-splitting is also a necessity for many motorcyclists. It allows them to avoid sitting in a dangerous "death zone" every time traffic comes to a stop, which can significantly reduce the risk of rear-end collisions.

The law in California permits lane-splitting, but there are guidelines that motorcyclists should follow to stay safe. For example, you should not drive more than 10 miles per hour faster than the surrounding traffic and avoid splitting lanes at merge points.

Additionally, you should avoid lingering in the blind spots of other vehicles for too long and be aware of the width of lanes and road conditions before lane-splitting.

While lane-splitting is legal, it is still a risky maneuver that requires caution and attention to the road. Motorcyclists should take responsibility for their safety by following the guidelines and avoiding reckless behavior.

On the other hand, drivers of larger vehicles should also be aware of the motorcyclists around them and give them space on the road. Engaging in deliberate actions to obstruct or hinder a motorcyclist in a manner that could potentially cause harm to the rider is considered unlawful and can lead to significant repercussions.

Lane-splitting can be a valuable way for motorcyclists to avoid dangerous situations on the road. However, it is vital to take additional precautions to ensure your safety and avoid accidents. Remember to ride responsibly and be aware of your surroundings to stay safe on the road.

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DUI Laws for Motorcyclists in California

Riding a motorcycle can be an exhilarating and freeing experience. Feeling the wind on your face and the sun on your skin while cruising down the open road can give you a sense of freedom that is hard to match. However, with that freedom comes responsibility, especially in drinking and riding.

In California, operating a motorcycle while under the influence of drugs or alcohol is strictly prohibited. The consequences of getting caught riding while intoxicated can be severe, both legally and personally. You could face hefty fines, jail time, and the suspension or revocation of your license. Not to mention the potential danger to yourself and others on the road.

Can you imagine the guilt and regret you would feel if your decision to drink and ride caused a catastrophic accident that left you or someone else seriously injured or worse? The effects of drunk driving can be irreversible and life-changing, so it's crucial to think twice before getting on your bike after consuming alcohol.

Motorcyclist Rights and Responsibilities in California

As a motorcyclist in California, you have the right to ride in the same lanes as other vehicles, but you also have the responsibility to obey all traffic laws and ride safely. It's important to remember that you are not exempt from following the rules of the road just because you are on a motorcycle.

Motorcyclists are often vulnerable on the road and must exercise caution and anticipate potential hazards. You may be harder to see than other vehicles, so use your headlights and wear reflective clothing to increase your visibility. You also must be aware of your surroundings, significantly when changing lanes, turning, or approaching intersections.

At the same time, as a motorcyclist, you have the right to be treated fairly and with respect on the road. Other drivers should not intentionally block or impede your progress and should give you enough space to maneuver safely.

Remember that you share the road with other drivers, and it's essential to be a responsible and courteous rider to promote safe and enjoyable driving experiences for all.

Safety Tips for Motorcyclists in California

As a motorcyclist, your safety should always be your top priority. Riding a motorcycle can be thrilling and exciting but also dangerous if you're not careful. To ensure your safety on the road in California, you should follow several safety tips.
1. Always wear a helmet and other protective gear, such as gloves, boots, and a jacket. This will help protect you in the event of an accident and can potentially save your life.
2.Obey all traffic laws, including speed limits, stop signs, and traffic signals. Remember, you are not above the law just because you are on a motorcycle.
3.Ensure your motorcycle is in good working order before hitting the road. Check your brakes, tires, and lights, and perform routine maintenance to ensure your bike operates safely.
4.Stay alert and aware of your surroundings. It is important to survey the roadway in advance for any possible dangers and maintain readiness to respond to unforeseen circumstances. Riding defensively can help you avoid accidents and ensure that you arrive at your destination safely.

By following these safety tips and taking responsibility for your safety, you can enjoy the freedom of riding a motorcycle in California while minimizing your risk of accidents and injuries.

Common Myths About Motorcycle Laws in California

Motorcycling is more than just a mode of transportation. It's a way of life. The freedom, the thrill, and the excitement it brings is unmatched. However, with great power comes great responsibility. Understanding motorcycle laws is essential to avoid any legal troubles. Unfortunately, many myths and misconceptions about motorcycle laws in California can put riders in harm's way.

Have you ever heard that lane splitting is illegal in California? That's a common myth that puts motorcyclists in danger. It is legal and a common practice among riders. However, it should be done safely and at a reasonable speed to prevent accidents.

Another common myth is that wearing a helmet is only mandatory on the freeway or for long-distance rides. That's not true at all. Helmets are required for all riders, regardless of the distance they are traveling. A helmet can distinguish between life and death in a motorcycle accident.

Knowing the actual laws and regulations allows you to ride confidently and enjoy the thrill of motorcycling while staying safe and avoiding legal troubles.

The Consequences of Believing Motorcycle Law Myths

Believing motorcycle law myths can have severe consequences. For example, if you believe lane splitting is illegal, you may avoid it altogether and miss out on its benefits. Alternatively, if you think you don't need to wear a helmet for short distances, you risk your life.

Not only can these beliefs put your safety in danger, but they can also lead to legal troubles. You may face penalties, fines, and even license suspension if you break the law due to a misconception.

It's crucial to separate fact from fiction regarding motorcycle laws. Don't let myths and misconceptions put you in harm's way. Know the rules, ride safely, and enjoy the freedom of the open road.

Carrying Passengers on a Motorcycle in California: What You Need to Know

Although riding a motorcycle with a passenger can be an exciting adventure, it is crucial to comprehend the legal prerequisites for such an undertaking in California. While there is no age restriction for passengers on motorcycles, the law mandates that the passenger seat must be securely fastened to the bike behind the driver's seat. In addition, passengers must have footrests, which must be used while the cycle is in motion.

You may be wondering, can children ride as passengers on motorcycles? Technically, yes, as long as they meet specific requirements. However, the child must be at least 4'9" tall, so they are no longer required to use a child seat. As a responsible rider, you must ensure that your passenger meets these requirements before taking them for a ride.

Motorcycle Insurance Requirements in California: Don't Get Caught Without It

You may have heard the saying, "It's better to be safe than sorry," which applies to motorcycle insurance in California. As a motorcyclist, you are required by law to carry minimum liability insurance. This includes $5,000 for property damage, $15,000 for bodily injury to an individual, and $30,000 for physical injuries to multiple victims.

You may face a one-year driver's license suspension if you are involved in an accident and do not have the required insurance coverage. This can lead to significant inconvenience and financial hardship. It's not worth taking the risk and getting caught without insurance coverage.

To protect yourself and your loved ones, it is crucial to carry minimum liability insurance. It ensures compliance with the law and peace of mind in the event of an accident.

CONTACT OUR MOTORCYCLE ACCIDENT LAWYERS

Accidents happen, and when they do, you need to be prepared. As a motorcyclist in California, you face unique risks and challenges on the road. In the event of sustaining injuries from a motorcycle accident, it is imperative to seek the assistance of a skilled and committed attorney. The McCrary Law Firm has a team of skilled lawyers who specialize in personal injury cases, including motorcycle accidents.

When you choose our firm, you are choosing a team of legal professionals who will fight tirelessly for your rights and help you get the compensation you deserve. We understand the complexities of motorcycle accident cases and have the knowledge and expertise to navigate the legal system on your behalf.

We know that dealing with the aftermath of a motorcycle accident can be overwhelming and stressful. Allow us to alleviate the weight from your shoulders and aid you in concentrating on your recuperation.

Contact us today to schedule a consultation and learn more about how we can help you with your motorcycle accident case. We are here to fight for you and help you get back on the road.

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Blogs Car Accident

California Personal Injury Lawsuit Process

Post author By Dan McCrary
Post date December 28, 2022

California Personal Injury Lawsuit Process

Home » Blogs • Car Accident

California Personal Injury Lawsuit Process

By Dan McCrary | December 28, 2022

Have you recently been injured in an accident in California? If so, you might be entitled to compensation for those injuries. That compensation can go a long way toward paying down your medical bills, making up for lost wages due to the accident, and so much more.

To obtain the funds you need to make your recovery easier, you need to file a personal injury lawsuit in California. Understanding the California personal injury lawsuit process is the first step to filing a successful claim in court.

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Table Of Contents

1. The Basics of the California Personal Injury Lawsuit Process

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

3. The Statute of Limitations on Personal Injury Claims in California

4. How the California Personal Injury Lawsuit Process Works

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

6. Choose the Right Attorney for Your Case

The Basics of the California Personal Injury Lawsuit Process

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

Let’s look at what needs to happen to present the strongest case possible.

Get Medical Attention

First things first: Make sure you’re as okay as you can be. That means getting medical attention right away. If you have severe injuries, calling for emergency services is your first step. If you don’t seem to have severe injuries, you should go straight to the doctor’s office anyway.

The idea is twofold: First, you want to be checked out thoroughly and have any injuries treated immediately. Injuries left untreated can quickly get worse. Second, by getting professional medical attention, you ensure that your injuries are well-documented. That record of injuries and treatment will be vitally important when you file a personal injury claim.

Get All the Evidence

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

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

Turning Onto a Larger Road

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

Follow Proper Reporting Procedures

The way you report the accident depends upon what happened and where it happened. For instance, a car accident should always be reported to local law enforcement; if it needs to be reported elsewhere, they can give you guidance.

If it happened at work or on a job site, follow your employer’s instructions for reporting the incident. No matter who the accident is reported to, remember to document everything, either by taking photographs and video, or writing it down. It’s also a good idea to get information from any witnesses to the accident.

Get a California Personal Injury Attorney

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

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

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

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

In the California personal injury lawsuit process, you will quickly discover there is no cap on the amount you can recover in economic or non-economic damages.

The Statute of Limitations on Personal Injury Claims in California

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

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

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How the California Personal Injury Lawsuit Process Works

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

The Demand Letter

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

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

The Claim for Damages

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

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

The Discovery Process

After the initial back-and-forth in court, the discovery process begins. This requires both parties to disclose information and evidence from each side that might be relevant to the case and allows for each side to formally question witnesses and individuals who might shed light on what happened.

This formal questioning is called a deposition, and it is given under oath. This means that the person giving the deposition is legally bound by what they say in the deposition. These testimonies can be a strong element of the case.

The Settlement Negotiations

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

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

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

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

Choose the Right Attorney for Your Case

When you are choosing an attorney to represent you in your personal injury lawsuit in California, look to a seasoned, trusted attorney at the McCrary Law Firm. Our attorneys serve Northern California car accident victims as well as those who have sustained other personal injuries and need help navigating their way through the courts.

An attorney with a reputation for winning cases can be more than enough incentive for the defendant to offer a proper settlement, but if they don’t, we have the skills and knowledge to represent you well in the courtroom. To learn more about the California personal injury lawsuit process and how we can help you, get in touch today.

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Blogs Car Accident

What Does Yielding The Right of Way Mean?

Post author By Dan McCrary
Post date December 16, 2022

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

Home » Blogs • Car Accident

What Does Yielding The Right of Way Mean?

By Dan McCrary | December 16, 2022

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

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Table Of Contents

1. What is Yielding The Right of Way Means?

2. How To Yield The Right of Way Properly

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

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

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

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

7. Who Is Responsible For Right Of Way Accident?

8. Contact McCrary Law Firm For A Free Consultation

What Does Yielding The Right of Way Mean?

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

How To Yield The Right of Way Properly

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

Intersection Right Of Way

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

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

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

Turning Onto a Larger Road

Yield Signs and Traffic Circles

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

Cyclist Right Of Way

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

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

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

Pedestrians

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

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

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

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

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

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

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

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

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

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

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

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

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

Who Is Responsible For Right Of Way Accident?

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

Contact McCrary Law Firm For A Free Consultation

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

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Blogs Car Accident

Californa Car and Booster Seat Laws

Post author By Dan McCrary
Post date December 3, 2022

Car and Booster Seat Laws - Ultimate Guide For California

Home » Blogs • Car Accident

Californa Car and Booster Seat Laws

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

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Table Of Contents

1. What are The Laws For Car Seats in California?

2. Conditions

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

4. Forward-Facing Car Seats Law

5. No More Special Car Seat

6. What is the Legal Front Seat Age for Children

7. Laws for Child Booster Seats

8. The Law Surrounding Leaving Children in Cars

9. The Law for Smoking in a Car with a Child

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

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

12. Additional Tips For Keeping Children Safe in the Car

13. Conclusion

What Are The Californa Car and Booster Seat Laws?

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

According to California Vehicle Code Section 27360:

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

According to Vehicle Code Section 27363:

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

According to Vehicle Code Section 27360.5

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

Conditions You Should Know About

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

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

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

Forward-Facing Car Seats Law

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

No More Special Car Seat

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

What is the Legal Front Seat Age for Children

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

Laws for Child Booster Seats

According to Law:

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

The Law Surrounding Leaving Children in Cars

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

According To California Vehicle Code Section 15620

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

The Law for Smoking in a Car with a Child

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

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

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

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

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

Additional Tips For Keeping Children Safe in the Car

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

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

Conclusion

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

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

California Car Accident Laws

Post author By Dan McCrary
Post date December 2, 2022

California Car Accident Laws

Home » Blogs • Car Accident

California Car Accident Laws

California car crashes can be simple fender-benders that damage your vehicle and hurt your pride. They can also be devastating crashes that result in substantial property damage, life-long severe injuries, or even death. If you or someone you love has been in an accident in California, chances are you're worried about where the responsibilities might lie.

To figure this out, it helps to begin by understanding California car accident laws, your role in reporting the accident, and what might happen if the accident leads to some legal action. Read on to find out what you need to know about car accident laws in California.

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Table Of Contents

1. What Are the Requirements for Car Insurance in California?

2. What is Underinsured or Uninsured Coverage?

3. Other Types of California Car Insurance Coverage

4. California Car Accident Laws Require Reporting

5. Understanding the Statute of Limitations for Car Accidents in California

6. Understanding California Accident Fault Laws

7. Get a California Car Crash Attorney Today

What Are the Requirements for Car Insurance in California?

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

The Minimum Requirements for Car Insurance in California

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

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

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

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

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What is Underinsured or Uninsured Coverage?

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

Other Types of California Car Insurance Coverage

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

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

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

California Car Accident Laws Require Reporting

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

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

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

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

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

Understanding the Statute of Limitations for Car Accidents in California

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

Understanding California Accident Fault Laws

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

Get a California Car Crash Attorney Today

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

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How Different Car Colors Affect Your Chances of Getting Into An Accident?

Post author By Dan McCrary
Post date November 18, 2022

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

Home » Blogs • Car Accident

How Different Car Colors Affect Your Chances of Getting Into An Accident?

Do you know what color car is least likely to get into an accident? Many people need to realize that the color of your vehicle can affect your chances/possibilities of getting into an accident.

This blog post will discuss how different car colors affect your chances of getting into the worst accident. We'll also provide qualifying tips on choosing the best prominent color for your car.

So, whether you're in the car market or showroom for a new car or just curious about the research, read on!

After reading this blog post, you'll know which car colors are most likely to get into accidents and why. You'll also know how to choose the right color for your car based on your needs.

So, if you're looking for information on how different car colors affect your chances of getting into an accident, this blog post is for you!

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Table Of Contents

1. Different Car Colors And Their Effects On Accidents

2. Here are some of the most dangerous car colors

3. Is The Car Color The Main Reason Of An Accident

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

5. Contact Experienced Car Accident Attorney

6. FAQs

How Different Car Colors Affect Your Chances of Getting Into An Accident - Overview

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

Here are some of the most dangerous car colors

Black Cars

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

Gray Cars

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

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Silver Cars

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

Blue Cars and Red Cars

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

White Cars

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

Yellow

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

Orange

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

Green

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

Is The Car Color The Main Reason Of An Accident

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

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

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

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

Contact Experienced Car Accident Attorney

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

Frequently Asked Questions (FAQs)

What Color Car Is Least Likely To Hit?

The White color car is the least likely to hit.

What Color Car Gets In The Most Accidents?

The black color car gets in the most accidents.

Does the Color Of Cars Matter in an Accident?

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

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Important Things You Need To Know About Hit And Run In California

Post author By Dan McCrary
Post date October 19, 2022

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

Home » Blogs • Car Accident

Important Things You Need To Know About Hit And Run In California

Have you been involved in a hit and run accident in California? If so, you need to know the consequences and laws relevant to that specific accident. It's necessary for getting your legal rights and make a claim for your losses.

This article on the important things you need to know about hit and run in California will help you understand all the consequences and laws to make the best decisions for your case.

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Table Of Contents

1. Legal Definition Of Vehicle Code 20002 – Hit and Run

2. What Are The Requirements Of The Driver After An Accident?

3. What If The Vehicle Is Parked and Empty?

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

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

6. Possible Defenses To Vehicle Code §20002 Misdemeanor Hit And Run

7. Overview Of Hit & Run With Injury – VC 20001

8. Some Related Crimes

9. Contact An Experienced Hit & Run Accident Attorney in California

10. FAQs

Important Things You Need To Know About Hit and Run In California

Hit and run accidents in California come with serious legal consequences. Understanding the laws and requirements for drivers involved in such incidents is crucial. This article covers essential information on Vehicle Code 20002, driver’s responsibilities, evidence needed, potential penalties, and possible defenses. By knowing these details, you can better protect your legal rights and look at the aftermath of a hit and run accident.

Legal Definition Of Vehicle Code 20002 – Hit and Run

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

What Are The Requirements of The Driver After An Accident?

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

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

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

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

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

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What If The Vehicle Is Parked and Empty?

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

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

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

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

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

Security, CCTV, or Surveillance
Footage of the accident, if available.
Testimony from witnesses or accident reconstruction experts.
Any bills, legal documents, estimates, or invoices you receive for your medical treatments or property repair/replacement costs.
Your medical records.
Documents from your work especially pay stubs or time off requests, indicate your lost wages.

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

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

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

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

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

Possible Defenses To Vehicle Code §20002 Misdemeanor Hit And Run

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

The driver of the car or vehicle did not realize an accident had occurred
No damage occurred
Damage only happened to the driver's car

The Driver Did Not Realize an Accident Had Occurred

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

No Damage Occurred

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

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

Damage Only Occurred To The Driver's Car

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

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

Read: File a Car Accident Claim with Farmers Insurance

Overview Of Hit & Run With Injury – VC 20001

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

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

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

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

Examples Of Hit & Run With Injury

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

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

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

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

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

Some Related Crimes Hit & Run in California

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

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

Felony Hit and Run – VC 20001

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

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

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

Driving Under The Influence – VC 23152a

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

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

Driving Without a License – VC 12500a

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

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

Contact An Experienced Hit & Run Accident Attorney in California

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

Frequently Asked Questions (FAQs)

Is Hit and Run a Felony in California?

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

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

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

Does California Police Investigate Hit and Run?

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

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

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

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

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

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