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Getting A Ticket Days After An Accident [What To Do Next?]

How To Prove You Are Not At Fault In A Car Accident? Simple Steps!

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Getting A Ticket Days After An Accident [What To Do Next?]

By  Dan McCrary | July 15, 2024

Can you get a ticket days after an accident? This is indeed an important question that comes to mind after getting into an accident. The answer is yes; it’s possible to get tickets or citations issued days, or even weeks, after an accident.

It happens because police sometimes find out about traffic violations days later, usually while doing research about the incident. When they discover there was a traffic violation, the accused gets a ticket.

The tickets can be issued for many reasons, which we’ll discuss below in detail. We’ll also answer what you can do after getting a ticket, whether you need a lawyer’s help or can sort out the matter yourself. Let’s find out!

How Long After An Accident Can A Citation Be Issued In California?

To be honest, there’s no specific time frame in California. You may get citations days, weeks, or even months after an accident. The timing depends on several factors, such as the complexity of the accident investigation and the workload of the law enforcement agency handling your case.

However, in many states, the laws are different. For example, if you’re in DC (District of Columbia), there will be no fine or penalty after ten years. So, it’s best to check your state’s statute of limitations for traffic citations. 

Reasons Why Traffic Tickets Are Issued

There are many traffic violations that can be the reason for tickets; the most common ones are: 

  • Overspeeding: Driving faster than the speed limit.
  • Traffic Light Violations: Running red lights or ignoring traffic signals.
  • Failing To Signal: Not using turn signals to indicate your intentions to other drivers.
  • Drunk Driving: Driving under the influence of alcohol or drugs.
  • No Insurance Coverage: Driving without valid insurance.
  • No Driving License: Operating a vehicle without a valid driver’s license.

If someone is found violating the laws above,  even after weeks of accidents, law enforcement agencies will take appropriate action, including issuing tickets and potentially pursuing further legal consequences.

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Are You At-Fault If You Get A Ticket In An Accident?

It’s a common misconception among people that if they get a ticket in an accident, they’ll be considered at-fault drivers. Being at fault means a driver who caused the accident is liable to pay compensation to the other driver.

In reality, this isn’t always true! Tickets don’t automatically make a person guilty of the accident. They are issued because someone violated traffic rules. Violating traffic rules is a separate issue from determining fault in an accident.

The fault is determined based on factors like negligence, actions leading to the accident, and whether you were following traffic laws at the time of the incident. Sometimes, both drivers receive citations. 

For example, one might get a ticket for not wearing a seatbelt, while the other might get a ticket for underage driving.

Obviously, if the accident was caused by an underage driver due to inexperience and lack of knowledge, receiving a ticket for not wearing a seatbelt won’t make you responsible for causing the accident. 

What To Do After Getting Tickets For Traffic Violations?

There are a few things you can do after getting tickets for traffic violations. The first option is accepting the mistake and paying the fine. This is the best option if you are truly at fault and want to resolve the matter quickly.

The second option is to go to a lawyer if you’re wrongly accused and discuss the matter with them. However, hiring a lawyer may not be necessary for smaller fines, as it could be more expensive than the fine itself.

A lawyer is recommended for cases when the traffic violation is going in favor of the at-fault driver, and they’re using the tickets to decrease the compensation amount. In this case, a lawyer can help you, as they’ll provide advice and support in dealing with legal challenges.

Final Thoughts

You can get a ticket days after an accident, as there's no statute of limitation for traffic violation fines in California. However, accepting it or challenging it is your choice. You can accept the ticket and pay the fine or challenge it if you think you're wrongly accused.

If you need more information, feel free to contact our experienced lawyers. They'll help you understand the traffic laws and how you can protect yourself from serious lawsuits.

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    Excluded Driver Gets In An Accident [What Happens Next?]

    How To Prove You Are Not At Fault In A Car Accident? Simple Steps!

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    Excluded Driver Gets In An Accident [What Happens Next?]

    By  Dan McCrary | July 13, 2024

    Money is one of the biggest issues most car owners face after a car accident. Everything from hospital bills to car repairs to compensation for the other driver requires a significant amount.

    An auto insurance policy can help alleviate these costs, but the situation becomes complicated if an excluded driver is involved. An excluded driver is someone listed explicitly on the insurance policy as not covered.

    If they get into an accident, the insurance company will likely deny any claims, leaving the car owner fully responsible for all expenses. If you want to know what happens in this situation, read this guide, as we’ll answer what happens if an excluded driver gets into an accident.

    What Does An Excluded Driver Mean On Insurance?

    When you insure a car, the insurance company asks for a list of all the licensed drivers in the household who may drive it. The insurance company compensates for the loss if the car gets into an accident with one of these listed drivers behind the wheel.

    However, there’s an issue: the insurance company may decide not to include someone from your family in the list due to their poor record of accidents or traffic violations. Sometimes, the policyholders may choose to exclude a family member from the list.

    The person excluded in these situations is considered an “excluded driver,” meaning they are not allowed to drive that vehicle. If they do, the insurance company will not be liable to pay for any loss.

    What Happens If An Excluded Driver Gets In An Accident?

    So, what happens if an excluded driver gets in an accident in California? In this type of situation, the insurance company won’t cover the loss because the driver was specifically excluded from the policy coverage.

    This leaves only one solution: paying out of pocket. The person behind the wheel or the car’s owner will have to cover the expenses, including medical bills, car repairs, and any compensation for the other driver.

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    This can result in significant financial hardship and legal issues for the excluded driver and potentially for the car owner.

    Can Excluded Drivers Get Their Car Insurance Policy?

    Yes, excluded drivers can get their own car insurance policy. However, this will be difficult because the insurance company reviews the driver’s profile before issuing insurance.

    The more risky the driver seems, based on past accidents or traffic violations, the higher the premiums. Some insurance companies may even refuse coverage if the driver’s record is too poor.

    Therefore, while it is possible, excluded drivers should be prepared for potentially high costs and difficulty finding an insurer willing to cover them.

    How To Remove An Excluded Driver?

    The process is pretty simple if you want to remove an excluded driver from the insurance policy. You need to communicate with the insurer about the issue that you want to remove a person from the excluded driver list and again add them to the coverage.

    Just keep in mind that you may need to provide additional information or documentation to support your request. The insurer may review the driving history of the excluded driver and assess any potential risk before making a decision.

    One more important point: if the excluded person still has a bad record, they’ll be considered a risky driver. Insurance companies offer insurance services to risky drivers with high premiums, much more than the average rate.

    Final Thoughts

    In short, if an excluded driver gets in an accident, they must pay for the loss out of pocket because they were excluded from the insurance policy. This may be because the policyholder excluded them or the insurance company didn't add them.

    Whatever the reason, having no insurance coverage can cost the driver a lot, especially if they're at fault, as they also have to pay compensation to the other driver. The other driver can also file lawsuits, which can be a big problem.

    If you need more help with insurance policy issues or car accidents, feel free to contact our car accident lawyers. Our team is available 24/7 to assist with legal matters.

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      Can I Sue My Employer For Not Reporting My Injury? Learn Now!

      How To Prove You Are Not At Fault In A Car Accident? Simple Steps!

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      Can I Sue My Employer For Not Reporting My Injury? Learn Now!

      By  Dan McCrary | July 10, 2024

      Are you also thinking, “Can I sue my employer for not reporting my injury?” Normally, when someone gets injured at a place due to other negligence, the injured person can sue for personal injury. However, the situation is different when it comes to employers. 

      When you’re injured at work, the rules usually focus on workers’ compensation laws, not suing your employer directly. These laws in California are there to help employees get compensation for work-related injuries without having to prove fault.

      The issue is sometimes employers don’t even bother to report the injury, leading to no compensation. So, what can you do in this situation? What are the solutions you have? Let’s find out the answers to all these questions!

      Can You Sue An Employer For Not Reporting An Injury?

      Yes, you can seek legal help if your employer isn’t reporting a work-related injury. However, it’s important to understand that legal help can’t be in the form of a personal injury claim. This is because employers generally can’t be sued for personal injury (except in certain cases).

      But that doesn’t mean you have no options. As an employee in California, you have rights, and employers have some responsibilities. One of these responsibilities is to ensure that the injured worker gets compensation, which is only possible if the employer acts responsibly.

      If your employer isn’t acting responsibly—such as delaying providing the claim form, not forwarding the claim form, or not having worker’s compensation insurance—you can take legal action.

      What Will Happen If Employers Do Not Report Injury?

      If an employer does not report an employee’s injury, there are two possibilities: either the employer does not have insurance coverage or is unwilling to provide compensation. In both situations, the employer is acting irresponsibly and incorrectly.

      Due to this irresponsibility and failure to provide workers’ compensation, you may have the option to sue them in court to seek the compensation and justice you deserve. Once the case is in court, the judge will decide whether the employer is at fault or not.

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      To win the case, it’s important to include all relevant details, such as the responsibilities your employer has failed to perform. We’ll list these responsibilities below so you can make the right decision.

      Employer’s Duty of Care According To California Law

      Here’s a brief overview of the employer’s duty of care. Remember, it’s based on the state laws of California; rules can be different in your state. So, make sure to do proper research about state laws before you go for any legal procedure.

      • Worker Compensation: The first responsibility of the employer in California is to have workers’ compensation insurance. Any employer who doesn’t insure their workers violates the law, so you can sue them. Besides insurance, it’s also the employer’s responsibility to ensure employees know their rights. Employers can share pamphlets regarding worker compensation rights or place them wherever employees can see them.
      • Worker Compensation Form: After the injury, the employer must provide a workers’ compensation claim form within one working day of the injury. They must also forward the claim form with the injury report to the claim’s administrator.
      • After Claim Approval: Upon approval of your claim, the employer must authorize up to $10,000 for appropriate medical treatment within one day. They must also offer transitional work (light duty) when suitable for your recovery.

      If your employer isn’t performing their duties as they should be, you have the right to take the issue to court. You can get legal help from our experienced lawyers; there’s no fee for the first-time consultation.

      Final Thoughts

      The answer to “Can I sue my employer for not reporting my injury?” is yes. However, it’s only possible if your employer isn’t performing its duties as required by California law.

      For more assistance regarding this issue, contact McCrary firm lawyers. Our experienced team will come to you because we understand how traumatic it can be to go office to office with an injury when you should be resting for legal guidance.

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        8 Points Worker Comp Lawyers Never Tell (BUT YOU SHOULD KNOW!)

        How To Prove You Are Not At Fault In A Car Accident? Simple Steps!

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        8 Points Worker Comp Lawyers Never Tell (BUT YOU SHOULD KNOW!)

        By  Dan McCrary | July 6, 2024

        It’s extremely important to find a good workers’ comp lawyer to receive fair compensation for your injury. However, we also know it’s difficult to find the best lawyer to tell you the truth, maintain transparency, and guide you through the process.

        But don’t worry, as we’re here to help out in this matter. We don’t want you to rely on any lawyer regarding workers’ compensation because we’ll share information about the points most lawyers don’t disclose (or hide).

        So, let’s get into the details and find out what workers’ comp lawyers won’t tell you. After learning these points, you’ll have good knowledge about your case, and you can hire a better lawyer and get fair compensation.

        8 Important Points No Worker Comp Lawyers Tell

        Here’s a list of the points you, as the client, should know, but unfortunately, not many lawyers disclose. Let’s find out so you can make informed decisions.

        1. You Don’t Have To Accept Compensation

        The first and most important point is you don’t have to accept the compensation the insurer is offering until you’re satisfied with it. In most cases, when you go for workers’ compensation, the insurer often begins by offering low compensation.

        They may try to blame you instead of the employer for the injury, which often leads to the victim accepting a lesser amount. Not many lawyers tell their clients that they can ask for more compensation based on their loss.

        2. Who’ll Be Handling Your Case

        You should also know who will be handling your case. Remember, choosing a good workers’ comp lawyer is extremely important, but sometimes the lawyer you’ve hired after much research gives the case to another lawyer in the firm.

        What will you do if that happens and the other lawyer fails to represent your case correctly? To avoid this type of situation, always discuss who will handle your case till the end of the hiring process.

        3. Delays and Expectations

        Not all lawyers tell you there can be delays and that what you expect might not be achieved. Workers’ compensation cases can drag on for months or even years, depending on the complexity of your case and the tactics used by the insurance company.

        So you really need to discuss how long the case will go on and what your chances are of getting the compensation you want. Transparency from the beginning can help you choose the right lawyer and receive fair compensation. 

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        4. Strategies To Maximize Your Compensation

        There are not many lawyers who give their best to the client. Most lawyers focus more on getting more cases than guiding clients. They don’t tell the strategies that can be used to maximize your compensation.

        For example, you can ask for compensation for loss of income, emotional and physical pain, disability (if any), etc. We suggest a detailed session with your lawyer about maximizing your compensation.

        5. You Can Interview Your Lawyer

        You have the right to interview your lawyer before making any commitments. Ask about their strategy for your case, expected timeline, and fee structure.

        Don’t hesitate to inquire about their expertise in similar cases. You should also discuss the success rate of their past cases and many other relevant questions. This interview process ensures you find a lawyer who’s the right fit for your needs.

        6. What Does Worker Compensation Cover

        Your lawyer may not go into such details as guiding you on what workers’ compensation is and what it covers. Still, you should always remember that workers’ compensation isn’t only about medical bills.

        It covers everything from hospital bills, medications, missed wages, temporary or permanent disability benefits, and even family death benefits. This is why it’s important to discuss your loss with your lawyer in detail so they can tell you what fair compensation is.

        7. You Can Always Find A New Legal Representative

        If you’re unsatisfied with your current lawyer, you can change your legal representation. You can do this anytime—just make sure to review your contract for any clauses about changing lawyers.

        McCrary Law Firm also has experienced workers’ compensation lawyers. We don’t charge anything for the first consultation, so feel free to contact our team if your current legal representative isn’t the right choice.

        8. You May Need To Testify

        Some attorneys don’t prepare their clients for the possibility of having to testify. If your case goes to a hearing, you might need to give testimony about your injury and how it has affected your life.

        While this process is necessary and can help the judge better understand your case, it can also be stressful to recall and describe the painful events of your injury.

        Final Thoughts

        We’ve explained all the important points that workers’ comp lawyers won’t tell you so you can be aware of everything. It will also help you find the right lawyer, as any lawyer who doesn’t go through these points might just be interested in getting a case, not listening to your problem.

        If you have any other problems or questions regarding workers’ compensation, you can contact our team anytime, 24/7. We don’t charge anything for consultation and will come to you (if you’re unable to come because of injury).

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          A Comprehensive List of Reasons To Sue Someone

          How To Prove You Are Not At Fault In A Car Accident? Simple Steps!

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          A Comprehensive List of Reasons To Sue Someone

          By  Dan McCrary | May 19, 2024

          Legal disputes can be complicated, especially if you’re unsure which lawsuits are valid for your case. In this scenario, you may need to research the list of reasons to sue someone to find the answer. But worry not! 

          We’ve put together this guide to explain the most common reasons for which you can sue someone. These reasons apply to various situations, including property disputes, defamation charges, injury, permanent disability, emotional distress, etc.

          So, are you looking for justice? Let’s dive in and find out which path leads you toward achieving the justice you’re seeking.

          The Top 10 Reasons To Sue Someone 

          Below are the top ten reasons to sue someone. Remember, this is only a general overview; it’s best to consult your case with a lawyer for better guidance about which lawsuits are valid for your case. 

          1. Property Disputes

          One of the most common reasons for a legal dispute is property issues. There are countless reasons that can set the ground for a property dispute, such as disagreements with siblings about property rights. 

          Besides that, disputes with neighbors over matters like boundaries or anything that can potentially harm your property or family are also valid reasons. Also, a person who’s a victim of real estate fraud has the right to sue. 

          2. Lawsuits For Defamation 

          Defamation involves false statements, whether in written form or orally, with the intention to harm someone’s reputation in society. In any case, if someone has done this to you, a defamation lawsuit is your right. 

          Keep in mind that you must have strong evidence to prove your claim. Without evidence, you’ll not be able to recover compensatory damage. It’s also important to check the statute of limitations. In California (CA Civ Pro Code § 340), it’s one year after the slander took place. 

          3. Breach of Contract 

          Breach of the contract simply means when one or more parties that are involved in the contract fail to follow the contract. In this type of situation, the non-breaching party can sue the party that didn’t adhere to the contract rules.  

          The court then decides whether the lawsuit is valid. Upon confirming the validity, the court orders the breaching party to pay the damages to the non-breaching party. This ensures that the non-breaching party is compensated for its loss.

          4. Personal Injury 

          If you’ve suffered an injury due to someone’s negligence, whether because of a car accident, at a party, or anywhere, you’re entitled to compensation. The compensation is possible through a personal injury lawsuit. 

          Remember that there’s a time limit for personal injury cases, which varies from one year to several years, depending on the state. The statute of limitations in California, Texas, and Florida is two years from the accident date. In Louisiana, it’s one year; in Arkansas, it’s three years.

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          5. Emotional Suffering  

          Emotional suffering may not be visible like physical suffering, but it has a long-lasting effect on a person’s personal life. Individuals often recover through physical pain but not with emotional distress, like a driver who has experienced a traumatic accident and can’t drive again. 

          If the accident happened due to someone else’s negligence, the driver can sue for pain and suffering. Once the emotional distress is proven through medical evidence, the responsible party must compensate for the damages incurred.

          6. Worker Injury

          As an employee, it’s your right to have a workplace free from any hazards. Unfortunately, sometimes employers fail to meet this obligation, resulting in injuries to workers. In such situations, remember that the law is on your side.

          You can sue your employer to compensate for the damages. The employer is responsible for providing medical treatment, temporary disability benefits, lifetime pension in case of permanent disability, and death benefits to the family if the employee loses their life.

          7. Property Damage 

          If your property is damaged due to the wrongdoing of others, you can take legal action against the responsible person and ask for compensation. The compensation amount will depend on various circumstances. 

          For example, insurers consider factors such as the extent of your responsibility for the damage, the severity of the damage, the cost of damage, and state laws. They also assess whether the property is repairable; if it is, you may receive funds to cover the repair costs.

          8. Permanent Disability 

          Permanent disability occurs when a person is unable to work full-time after an unfortunate accident. This condition can significantly impact one’s ability to work and earn enough to maintain a quality lifestyle. 

          If this has happened, you can file lawsuits for compensation for permanent disability. The responsible party will be liable to pay for the medical bills, surgeries, hospital stays, and loss of income (according to the wages at the time of injury). 

          9. Car Accident 

          Car accident lawsuits are quite common in almost every state.  These lawsuits are filed when someone can’t reach an agreement with the insurer of the at-fault party. In this situation,  the plaintiff takes the case to the court. 

          Then, the court decides which party was responsible for the accident and whether the compensation the plaintiff is seeking is valid. If it is, the responsible party will be required to provide it.

          10. Defective Product 

          Any product available on the market should be safe for customers. If there’s any product that has harmed you or the family member as a victim, you’re entitled to compensation and can file a lawsuit.  

          However, you must have proof to prove your suffering was because of the product. For example, you need a medical report that shows you suffered from a health condition or an injury. Once the claim is proven, the manufacturer will be liable to provide compensation. 

          What Are The 5 Steps To Initiate A Lawsuit?

          Now let’s come to another point which is what are the main steps to initiate a lawsuit. But before you begin with this process, ensure you’ve consulted your case with a lawyer. This is to make sure you’re on the right path from the beginning. 

            • Hire a lawyer: The first step in initiating a lawsuit after consultation is to hire a lawyer. It’s best to hire a lawyer experienced in the area of your case. For example, if your case is related to personal injury, ensure you hire an experienced personal injury lawyer.
            • Gather evidence: The next step is to discuss the evidence with the lawyer. Your lawyer will guide you on the evidence needed to prove your claim and how you can gather it.
            • Meet the requirements: Every state has laws regarding filing lawsuits. For example, you can’t file for personal injury lawsuits after a specific timeframe. Make sure you meet these requirements before taking legal action.
            • File a complaint: Now, the fourth and most important step is filing a complaint. If you’ve hired a lawyer, this task will be their responsibility. The legal process begins once the complaint is filed, which includes discovery and trial.
            • Proceed with case: After filing the case, the trial process begins, which takes time. During this process, your lawyer will represent you in court and present the evidence to secure compensation for the damages.

          Final Thoughts

          We’ve provided a list of reasons to sue someone, and all of these reasons are valid for lawsuits. However, you must consider the potential outcomes before taking any legal action. It’s also important to assess whether you have strong grounds for your case.

          Once you’re sure you have reasons to proceed with the lawsuit, follow the guidelines your lawyer has provided. If you need assistance, feel free to consult with our lawyers at McCrary Law Firm. The initial consultation is completely free of charge.

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            How Many People Died In Car Accidents Every Year In The U.S.?

            How To Prove You Are Not At Fault In A Car Accident? Simple Steps!

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            How Many People Died In Car Accidents Every Year In The U.S.?

            By  Dan McCrary | April 12, 2024

            Do you know that approximately 1.19 million people die every year worldwide as a result of car crashes? With an additional 20 to 50 million people suffering injuries, these accidents leave families shattered and in mourning.

            If you don’t want this to happen to you or your loved ones, stay with us until the end of this guide. In this blog, we’ll discuss the number of people who die in car accidents every year in the U.S. and the main causes.

            You’ll also get the answer to how you can protect yourself from deadly accidents. So scroll down the page, and keep reading to know the shocking facts!

            How Many Car Deaths In The U.S. Each Year?

            The death toll from car accidents in the United States is alarming. According to a report, in the first six months of 2023, approximately 19,515 people died in car accidents. This figure represents the latest data and is notably higher than the numbers for the previous five years.

            In 2017, approximately 40,000 accidents were recorded, marking the highest figure in the past half-decade. Before 2017, the annual death toll ranged from 35,000 to 40,000, but there has been a rapid increase since then.

            In 2020, the number of deaths due to car accidents surpassed 42,000, followed by 46,000 in 2021. The government is also concerned about the deaths and is making new policies for drivers’ safety.

            The government has adopted Resolution A/RES/74/299 in the United Nations General Assembly. This resolution’s main purpose is to create road safety policies to reduce the number of deaths by 2030.

            4 Main Causes of Car Accidents In The USA

            Below are the main causes of car accidents in the USA. Reading about these causes can help you avoid making similar mistakes and protect yourself from potentially fatal accidents.

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            • Overspeeding: Overspeeding is one of the main causes of deadly accidents in the USA. According to the data, about 12,000 people died in car accidents related to overspeeding in 2022.
            • Drunk Driving: Getting drunk or drugged also increases the chances of road accidents. Despite strict rules and regulations, every day, about 37 people die in car accidents due to drinking and drugs.
            • Bad Weather: Weather conditions have a serious impact on driving safety. Heavy rain, snow, and slippery roads increase the chances of losing vehicle control, raising the risk of accidents.
            • Not Following Traffic Rules: Another common reason behind road car accidents is the disregard for traffic rules among teenagers. They don’t follow speed limit rules, turning guidelines, and other traffic regulations, which lead to dangerous accidents.

            Who Is At The Highest Risk To Die In Vehicular Accidents?

            On average, the risk of dying in a car accident is 1 out of 93. According to statistics, men make up a larger portion of fatalities compared to women. This is primarily because men tend to drive more miles. As a result, they experience three times more accidents.

            Apart from gender, certain age groups face higher risks of accidents. Teenagers and individuals who work aged 18 to 59 are particularly vulnerable to accidents. Older people are also at risk of car accidents.

            According to the report, the possibility of an older person dying in an accident is 20.7% to 22.7%, as they have a higher risk of chest injuries, which can be extremely dangerous. At the same time, the chances of teenagers dying from an accident are only 10.8% to 12.0%.

            How Do I Protect Myself From Accidents? 7 Effective Tips

            Here are tips to protect yourself from car accidents on the road. Follow all of these tips to ensure a safe journey.

            • Follow Driving Rules: The best way to protect yourself is to follow the driving guidelines. Most accidents occur when drivers ignore rules like running red lights, using mobile phones, or neglecting seat belts.
            • Take Care of Kids: Never allow children to sit in the front seat. Invest in a child seat for toddlers and place it securely in the back.
            • Strap on Your Seat Belt: Regardless of the trip’s length, always buckle up. It’s your best defense against serious injuries in case of a crash.
            • Keep Your Car Maintained: Regular car maintenance is crucial. Overlooking this aspect increases the chances of mechanical failures leading to accidents.
            • Extra careful while Night Driving: Drive extra cautiously when it’s dark. It’s harder to see at night, which makes accidents more likely.
            • Drive Defensively: Anticipate the actions of other drivers and be prepared to react to unexpected situations to avoid accidents.
            • Stay Sober: Never drive under the influence of alcohol or drugs. Impaired driving increases the likelihood of accidents.

            Final Words

            The number of deaths that happen every year due to accidents is around 40,000. The accidents occur for many reasons, with the most common being driving under the influence of alcohol, failing to follow traffic rules, and neglecting safety precautions.

            You can easily avoid these dangerous accidents by following the rules and paying high attention while driving. Remember, safety should always be your top priority on the road. Contact our car accident lawyers for legal assistance if you need more guidance.

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              Can I Sue If I’m Injured On Someone Else’s Property? [Your Rights and Options]

              How To Prove You Are Not At Fault In A Car Accident? Simple Steps!

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              Can I Sue If I’m Injured On Someone Else’s Property? [Your Rights and Options]

              By  Dan McCrary | April 9, 2024

              Getting injured on someone else’s property can be a distressing experience, especially if it involves injuries. However, what many may not know is that legal action (Premise liability claim) can be taken if an injury occurs on someone’s property due to the homeowner’s negligence.

              Premise liability cases for situations where the homeowner is responsible for the injury. These cases can be filed against both residential and commercial properties. However, the strength of such cases can vary based on certain factors.

              For your help, we’ll answer the following: Can I sue if I’m injured on someone else’s property? We’ll also explain what a Premises Liability case involves and discuss the factors that can influence the outcome of such cases. So, let’s dive in! 

              What Happens If I Fall On Someone’s Property?

              If you fall on someone’s property and get injured, you can file a legal claim against the homeowner. However, several factors need consideration, such as why you were on someone’s property and whether you were the invitee, trespasser, or licensee. 

              Both invitees and licensees typically have stronger grounds for a legal claim than trespassers, who enter a property without permission. It’s important to note that public spaces such as malls or parks don’t fall under trespassing.

              Since these spaces are open to the public, injuries sustained there can still be valid for a premise liability claim. Just keep in mind that it’s crucial to stick to the rules of public places, such as respecting closing times for parks and malls.

              A person can’t file a claim if they enter a public or private place after opening hours, knowing the danger and getting injured. So, if you’re also considering filing a claim, make sure to consider the scenario of the case to determine the validity of a premise liability claim.

              What To Consider Before Filing A Premise Liability Claim?

              Here are the essential factors to consider before filing a premise injury claim. Understanding these points will help you decide whether your claim is valid, saving you time and effort. Let’s address them one by one.

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              1. Reason You Were On The Property

              One of the most important factors to consider before filing the premise liability claim is why you were on the property. It decides whether the homeowner is responsible for safety or not. The presence of a person on someone else’s property is divided into three categories. 

              • Invitee: This refers to a person invited by the homeowner for a lawful purpose, such as consulting on construction work at the home.
              • Licensee: These are individuals who are on someone’s property for their own reasons but with the owner’s permission. For instance, friends are allowed to use the yard for a BBQ party.
              • Trespasser: Trespassers are individuals who were neither invited by the homeowner nor have permission to enter the home. 

              As you can see, the difference is that the invitee and licensee are individuals who have permission to enter the home. In such cases, it is the homeowner’s responsibility to provide a safe environment to prevent accidents.

              If the homeowner fails to provide a safe environment to an invitee or licensee and an accident occurs, they are held accountable. On the other hand, trespassers who are not invited by the homeowner typically can’t hold the owner responsible for safety. 

              2. Business Vs. Residential Property

              Another crucial consideration for premise liability claims is the type of property where the accident occurred. A business property should prioritize security at a high level as it accommodates numerous people.

              Residential property owners also bear the responsibility of providing a safe environment for invited individuals. However, residential homeowners can’t be accountable for maintaining the same higher standard of security as business owners. 

              3. Identifying Responsibility

              Experiencing an accident on someone else’s property doesn’t automatically make them accountable. An important factor to consider is who was at fault and whose negligence caused the accident.

              For example, if you attend a party at someone’s home and decide to swim in the pool despite knowing you’re not a proficient swimmer and get injured, the homeowner may not be at fault. In this case, the homeowner could use your lack of swimming abilities against you.

              What Damages Can You Recover With Premise Injury Claim?

              The compensation you can recover in a premise injury claim depends on the severity of the injury. If the injury is severe and prevents you from working, you’ll receive compensation for medical expenses, loss of income, and your pain and suffering.

              Minor injuries on someone else’s property that don’t require hospitalization or hinder daily activities won’t result in significant compensation. Here’s the detailed list of damages that can be recovered:

              • Medical expenses
              • Loss of wages
              • Loss of future earning capability
              • Pain and suffering
              • Property damage

              Final Words

              The simple answer is: Can I sue if I’m injured on someone else's property? Yes, it's possible. These types of claims are known as Premises Liability claims, but proving such a claim requires careful consideration of different factors.

              For instance, factors such as the reason for being on the property, whether residential or business and who was at fault for the accident play crucial roles. Courts and insurance providers also take these factors into account when determining the validity of a claim.

              Hence, it's essential to thoroughly consider the points mentioned above before deciding to file a claim, ensuring that the homeowner is indeed responsible. You can also consult your case with our lawyers to get valuable insight into whether your case has a strong legal basis.

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                5 Ways To Manage Medical Bills Following A Personal Injury 

                How To Prove You Are Not At Fault In A Car Accident? Simple Steps!

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                5 Ways To Manage Medical Bills Following A Personal Injury 

                By  Dan McCrary | March 30, 2024

                Hospital bills can be overwhelming, especially in cases of injury and when hospitalization is required. But don’t worry, because as legal experts, we’ll explain how to deal with medical bills after a personal injury case. 

                When your injury is caused by someone else’s in an at-fault state, you have the option to seek compensation through a personal injury claim. However, it’s a time-consuming process, and compensation will not be granted until you prove the claim. 

                Alternatively, in no-fault states, your medical bills may be covered by your insurance provider rather than the at-fault party. We’ll break down these options for you below, so keep reading to find the answers you need!

                Who’ll Pay For The Medical Bills In Personal Injury Case?

                There are two things to keep in mind when considering who’ll pay for the medical bills in personal injury cases: fault or no-fault state laws. You’ve got to find out which law works in your state. 

                If your state is a no-fault state, then the parties who are injured can file for compensation from their insurance company. Then, the insurance company will pay the medical bills and the loss, not the person who caused the accident. 

                Currently, there are only twelve no-fault states in the USA, and if you don’t live there, the rule of at-fault will be applicable. In this scenario, the person who caused the accident will pay for your personal injury, medical bills and overall loss.

                However, you must file a personal injury claim first to prove that the other party is responsible for your injury. This entire process usually takes up to 12 months, which means you’ve to pay for your medical bills yourself, and then after some time, you’ll get the compensation.

                5 Ways To Deal with Medical Bills After A Personal Injury

                Since California is an at-fault state, you must pay for your medical expenses yourself; the steps you can take to do this are below. So, let’s get into the details! 

                1. Health Insurance 

                The first option to deal with medical bills after a personal injury is to use health insurance. Keep in mind that health insurance is mandatory by law in most states, including California. People who don’t have health insurance have to pay the penalty. 

                Therefore, if you live in California, the chances are you must have health insurance. In this case, you need to contact the insurance company, and they’ll pay your medical bills for your injury case.

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                2. Payment Plan 

                The next option you’ve is to ask for a payment plan. It simply means that you can’t afford lump sum payments of medical bills and want to pay in installments. This is the best way as you can make monthly payments over a set period.

                However, it’s important to note that not all hospitals offer this, and the ones that offer might have high interest rates. So be sure to check the terms on the payment plan agreement, as well as the interest rate. If you find the terms unfavorable, don’t hesitate to negotiate.

                3. Medicaid 

                Like many other states, California offers a Medicaid program to help residents who struggle with medical bills. Remember, not everyone qualifies for the program, because the government has established specific criteria for eligibility. Here are the key points:

                • Income Criteria: The yearly income of the household must fall below the following amount:
                  • $19,392 for one people 
                  • $26,228 for two people 
                  • $33,064 for three people 
                  • $39,900 for four people
                  • $46,737 for five people 
                  • $53,573 for six people
                  • $60,409 for seven people
                  • $67,245 for eight people 
                • General Criteria: You can read about the general criteria below, these are the people who are eligible for Medicaid program: 
                  • Older people age 65 or old
                  • Pregnant women 
                  • A person who’s disabled or has a family member with a disability 
                  • Someone responsible for 21 years old or younger child

                4. Getting Some Help 

                In case you don’t have an insurance plan, can’t pay the installments, or are also not eligible for Medicaid, the only thing left is the help from family or friends. 

                You can contact your family members or friends and ask for help paying the bills. 

                5. Paying Bills With A Loan 

                The last option to deal with medical bills for personal injury cases is getting medical loans. However, these loans come with high interest rates.

                So carefully review the terms and conditions to ensure they are the right choice for you.

                Final Words

                Since you now have the option to pay the medical bills after a personal injury, don't overlook the importance of filing a personal injury claim. This can cover your installment payments or repay the loan if the case concludes favorably in the coming months.

                In short, the sooner you hire a lawyer for the case, the better. You can schedule a complimentary consultation with McCrary law firm's personal injury lawyer. We do not charge for initial consultations, so don't hesitate to reach out.

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                  A Guide To Getting Compensation For Lost Wages [Personal Injury Case]

                  How To Prove You Are Not At Fault In A Car Accident? Simple Steps!

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                  A Guide To Getting Compensation For Lost Wages [Personal Injury Case]

                  By  Dan McCrary | March 2, 2024

                  Yes, you can get compensation for the loss of wages in a Personal injury case, but it’s crucial to have a solid foundation for your claim. You must be knowledgeable about what type of financial loss (loss of wages) can be included. 

                  You also have to calculate the amount you’ve lost in wages during the period of your injury. Then, it’s also important to gather strong evidence that shows your financial loss to support your personal injury claim. Seems difficult, right? 

                  Fortunately, you don’t have to worry about the topics mentioned above. We’re here to address questions such as whether you can get compensation for lost wages in personal injury cases, how much time it will take, and how to calculate the loss accurately.

                  What Are Lost Wages In A Personal Injury Case?

                  When we talk about the loss of wages in a personal injury case, it means the financial loss you’ve suffered, the amount you could’ve earned but failed to earn all because of injury. Below, you can read a more detailed explanation of it: 

                  • Regular Salary: The primary consideration for calculating lost wages should be your regular salary. This means the days or hours you were unable to work due to your injury, resulting in missed opportunities for earning.
                  • Salary Raise or Promotion: If you’re absent from work due to hospitalization or severe injuries, it could impact your chances of getting a salary raise or promotion. If this happens to you, you can factor it into your lost wages.
                  • Bonus or Commissions: Any bonuses or commissions that you could have earned like your co-workers but couldn’t because of the injury can also be included in a lost wages claim.
                  • Overtime or Sick Days: Always include the overtime hours you’ve missed and the financial loss you’ve suffered, including the sick days that could be used for spending time with your family.  
                  • Vacation Days and Perks: Don’t overlook the vacation and perks you’ve missed due to your injury. Be sure to request compensation for both points to ensure you receive fair compensation. 

                  How Do You Calculate Loss of Wages In Personal Injury?

                  Calculating the loss of wages for personal injury cases isn’t tricky, but you’ve to select what you want to include. Once you choose what you’ll include, like salary loss, overtime loss, bonus, and so forth, you can calculate the loss following the ways mentioned below. 

                  Calculate The Loss For Salaried Employee

                  Figure out your yearly salary and the days you’re supposed to work in a year. To get the estimate of daily income, divide your annual salary by the number of working days. Then, multiply your daily wage by the days you were absent from work.

                  Here’s an example: 

                  Annual salary: $50,000 

                  Number of working days in a year: 250

                  Total days you’ve missed at work due to injury: 10 days 

                  $50,000 (yearly income) / 250 (working days) = $200 per day salary 

                  $200 (per day salary) x 10 (days you’ve missed at work) = $2,000 (Total loss). 

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                  Calculate The Loss For Self-Employee

                  Calculate how much you used to earn on average yearly by checking the bank statement of the last few years. Divide the yearly income by the days you work in a year to find out the daily earnings. Multiply the daily earnings by the days you didn’t work due to injury. 

                  Here’s an example: 

                  Average yearly income: $60,000

                  Number of days worked in a year: 300 days

                  Total days you’ve missed at work due to injury: 15 days 

                  $60,000 (yearly income) / 300 (working days) = $200 (per day earning)

                  $200 (per day earning) x 15 (days you’ve missed at work) = $3,000 (Total loss).

                  Calculate The Loss As Per Hourly Job

                  If you’re employed on an hourly basis, begin by determining your pre-accident hourly wage. Then, calculate the number of hours you missed due to the accident. You can find this by finding the daily working hours and multiplying by the number of days you’ve missed at work.

                  Here’s an example:

                  Pre-accident hourly wage: $15 per hour

                  Average working hours per day: 8 hours

                  Number of days missed due to injury: 5 days

                  (To calculate the hours missed, multiply the daily working hours by the number of days you were absent at work).  

                  8 hours (daily working hours) x 5 days = 40 hours

                  (If your pre-accident hourly wage was $15 per hour and you missed 40 hours of work, the calculation would be):

                  $15 (per hour earning) x 40 (hours you’ve missed at work) = $600 (Total loss).

                  How Long Does It Take To Get Lost Wages From A Car Accident?

                  The duration of recovery from lost wages from a car accident varies depending on the specifics of the case. If the case is complex and both parties have strong evidence and don’t want the settlement, it could extend over several months or even longer.

                  Alternatively, the case can also end in a few weeks if one party accepts the claim of the other one. However, it’s crucial to note that you also need time for the case investigation, gathering proof, and medical evidence. 

                  Final Thoughts

                  The simple answer to Can you get compensation for lost wages in a personal injury case is YES! It's possible to get compensation for your loss of wages, but also remember you need to prove to the court that you've suffered the losses due to the injury.

                  Failing to prove your loss due to injury could weaken your position against the opposing party in the court. We would advise you to hire an experienced personal injury lawyer so they can represent your case professionally with the strongest possible arguments.

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                    Filing Personal Injury Claim Against A Government Entity – Is It Possible?

                    How To Prove You Are Not At Fault In A Car Accident? Simple Steps!

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                    Filing Personal Injury Claim Against A Government Entity – Is It Possible?

                    By  Dan McCrary | March 1, 2024

                    A personal injury claim means asking for compensation for pain and suffering that you’ve faced because of someone else’s mistake. While such claims are common, the question arises: Can you file a personal injury claim against a government entity? That’s’ we’ll find out today. 

                    Mistakes and mishaps are part of life; anyone can cause them, not just ordinary citizens. At times, accidents occur solely due to errors made by government entities. If this has happened to you, don’t worry about it. 

                    This article will answer whether it’s possible to file a personal injury claim against an entity and, if yes, do you need a lawyer. We’ll also explain the laws that allow a citizen to hold a government entity accountable in case of loss so you can understand everything better. 

                    Is It Possible To File A Personal Injury Claim Against Govt Entity?

                    Yes, it’s possible and legally permissible to file a personal injury claim against a government entity, provided you have valid evidence establishing their responsibility. You can’t just blame the government solely based on your perspective.

                    If you possess evidence such as witnesses, medical reports, or footage indicating the government employee’s liability, acts like the Federal Tort Claims Act and The California Tort Claims Act (CTCA) allow personal injury claims. 

                    However, there are some rules regarding which situation the Govt entity would be responsible for. For example, the federal government can only hold you accountable if you were injured or property was damaged by a federal employee, not a local government employee. You can read more details about it below. 

                    Federal Tort Claims Act (FTCA) & California Tort Claim Act

                    The Federal Tort Claims Act and the California Tort Claims Act empower the public to hold government entities accountable for wrongful actions leading to accidents. The FTCA applies to federal employees, while the California Tort Claims Act applies to employees of California govt.

                    For residents of other states, it’s essential to research their state laws regarding personal injury claims against government entities. Under the Federal Tort Claims Act, certain conditions must be met to hold the federal government accountable:

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                    If you live in any other estate, research state laws regarding personal injury claims against government entities. Under the Federal Tort Claims Act (FTCA), certain conditions must be met to hold the federal government accountable:

                    • The injury or property damage must be caused by the employee.
                    • The employee must have been acting within the scope of duty.
                    • The employee’s actions must have been negligent.

                    The same case is for the California Tort Claim Act (CTCA), which also has some conditions. Besides these conditions, both acts require the victim to provide documented evidence that supports their personal injury claims.

                    • A dangerous accident occurs on public property.
                    • If the accident was caused by an employee.
                    • The employee was acting within the scope of duty.

                    Statute of Limitation For FTCA & CTCA 

                    The statute of limitation means the duration of time a victim can claim for personal injury or damage. According to the Federal Tort Claim Act (FTCA), victims have a two-year time limit from the date of the accident to file their claim.

                    Similarly, the California Tort Claims Act (CTCA) also imposes a two-year time limit. However, there’s a crucial point: victims must inform the federal or local public entity timely (within six months) with a written application detailing the injury or financial damage incurred.

                    Can I File A Personal Injury Claim Against The Government Without A Lawyer?

                    Yes, you can file a personal injury claim against the government without a lawyer, a process called Pro Se, but you might face a lot of issues. Personal injury cases require evidence, investigation, and a deep understanding of legal principles. 

                    Without knowledge of the basics of law and how to present a case with strong evidence, you may struggle to persuade the opposing party. This is why it’s important to hire a personal injury lawyer. They can take the burden from your shoulders and ensure you succeed. 

                    Final Words

                    It's legally permissible for a citizen of a country or state to file a claim against the government if they're responsible for the loss. However, to prove this claim, you need solid evidence and statements from witnesses.

                    It's also important to understand the federal government and the local government. As a victim, you can only hold the federal government accountable for their employee; if the accident were caused by your state police, the federal government wouldn't be responsible for it.

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