Car Accidents Archives - The Beliz Law Firm

What’s the Average Settlement for a Pedestrian Hit by a Car?

Nov 19, 2024 | By Michael Beliz | Read Time: 4 minutes

Being hit by a car as a pedestrian can be life-changing. Suddenly, you’re faced with medical bills, physical pain, and, most likely, time away from work. You might wonder, What is the average settlement for a pedestrian hit by a car? Unfortunately, the answer isn’t always straightforward. Factors like the extent of your injuries, the driver’s insurance, and the nuances of California’s laws affect your potential settlement. Understanding how these settlements work can help you make the best choices during this challenging time. If you’re in California and considering filing a claim, contact The Beliz Law Firm for guidance. We can help answer your questions, explain your rights, and work to get you the compensation you deserve. Step 1: Understand What Goes into Pedestrian Accident Settlements When looking at the average settlement for a pedestrian hit by a car, it’s important to know what factors determine the final payout. Pedestrian accident settlements can vary widely depending on certain details, including: These factors will all affect your settlement amount. In your situation, it’s natural to wonder, “I was hit by a car; how much money will I get?” While it’s natural to look for a number, you should keep in mind that every case is unique. Even cases that look similar on paper can end in different outcomes due to small but important details. An attorney can help by carefully examining these details and presenting them in a way that strengthens your claim, ensuring that no factor is overlooked when negotiating your settlement. Step 2: Research Average Payouts for Pedestrian Accidents in California The average payout for pedestrian hit-by-car cases in California can vary significantly. As mentioned, much of this depends on the unique details of your case. Settlements for minor injuries, such as sprains or bruises, tend to be on the lower end, while more significant injuries, like fractures, usually result in higher payouts. For severe injuries, such as brain trauma or permanent disabilities, settlements can reach much higher amounts, sometimes covering substantial medical expenses and long-term needs. Your pedestrian hit-by-car settlement amount largely depends on the evidence you provide to demonstrate the accident’s impact on your life. Gathering documentation, like medical records, pay stubs, and photos of your injuries, can make a meaningful difference in negotiating a fair settlement. Step 3: Take Steps to Start Your Claim If you’re considering seeking damages, follow these steps to make the process of starting your claim easier: The Beliz Law Firm can be your guide during this process. We understand the complexities of pedestrian accident cases and will work hard to make sure you get fair compensation. Don’t face this process alone—reach out to a firm that knows how to handle arguing for compensation for a pedestrian hit by a car. Considerations Affecting the Settlement of Pedestrian Accidents Several specific parameters can impact your settlement amount. Here are some that play a significant role in pedestrian settlements: California’s Comparative Fault Law California follows a comparative fault rule. This means that if you, as the pedestrian, share any fault for the accident, it may lower your settlement. For instance, if you were jaywalking, the other party might argue that you are partly responsible. However, as long as the driver is found to have some share of fault, you can recover some damages. The Driver’s Insurance Limits The driver’s insurance coverage can also impact your settlement. California drivers must have liability insurance, but limits can vary. If the driver has minimum coverage, there may not be enough to cover your expenses. In such cases, underinsured motorist coverage or other options might help bridge the gap. Pain and Suffering Damages Aside from covering direct costs like medical bills, settlements also include pain and suffering compensation. Pain and suffering damages include physical discomfort and emotional distress caused by the accident. These damages can be more difficult to calculate, which is why we recommend using a journal. Sometimes, pain and suffering makes up a significant part of the settlement. Let The Beliz Law Firm Guide You to the Best Outcome The settlement process can feel overwhelming on your own. The Beliz Law Firm, founded by Michael A. Beliz, has a track record of helping injured clients across Southern California get the settlements they deserve. With years of experience in personal injury law and millions recovered for clients, Michael Beliz understands how to navigate complex cases, from car accidents to pedestrian injuries. Each pedestrian accident is unique, and having a professional evaluate your situation can give you a clearer picture of what compensation you might expect. With The Beliz Law Firm, you’ll have an advocate who understands the nuances of calculating an average payout for a pedestrian hit by car cases and can help you make the strongest case possible. Call The Beliz Law Firm today or contact us online to set up a free consultation and learn more about your rights as a pedestrian hit by a car in California.

Car Accidents

Can I Get Compensation for my Whiplash Injury?

Nov 18, 2024 | By Michael Beliz | Read Time: 4 minutes

Being involved in a car accident can turn your life upside down, especially if you’re dealing with a whiplash injury. This type of neck injury often leads to intense pain, headaches, and difficulty with daily tasks. You might wonder, Can you sue for whiplash in a car accident? In short, whiplash injuries can have lasting effects, and you have the right to explore compensation in a whiplash settlement. Although trying to understand your options can feel complicated—that’s where we come in. At The Beliz Law Firm, we represent clients in all aspects of personal injury law, focusing on car and motorcycle accidents. Call us today or contact us online to discuss your claim. In this blog, we’ll walk you through what you need to know about filing a car accident whiplash claim, calculating whiplash payout amounts, and understanding how much whiplash claims can typically cover. From the basics to the next steps, we have you covered. Understanding Whiplash and Your Right to a Claim After a car accident, it’s important to understand what qualifies as a whiplash injury and how it can impact your life. Whiplash usually happens when your head jerks suddenly, straining the muscles and ligaments in your neck. This injury may cause pain, stiffness, headaches, and even dizziness or blurred vision. You may need medical attention, physical therapy, or time off work to recover. Additionally, whiplash isn’t just about a temporary discomfort; it can lead to chronic pain if left untreated. If you experience these symptoms after an accident, filing a car accident whiplash claim can help you receive compensation for your injury and related expenses. California law allows you to pursue damages for whiplash pain and suffering, lost wages, and medical bills if someone else’s negligence caused the accident. By filing a claim, you could ease the financial burden of your injury and focus on recovery. Whiplash Pain and Suffering Pain and suffering compensation in whiplash claims goes beyond covering medical expenses; it seeks to address the physical and emotional toll of your injury. Unlike straightforward costs like medical bills, pain and suffering damages are more subjective, compensating you for the impact of your injuries on your daily life, such as limiting activities or affecting your mental well-being. To estimate these damages, insurers or courts often consider: Working with an attorney can help you calculate a fair amount for your pain and suffering, ensuring you don’t settle for less than your claim is worth. Filing a Car Accident Whiplash Claim in California Filing a claim for your whiplash injury involves several key steps: By taking these steps, you can feel confident that your whiplash claim is in capable hands, allowing you to focus on your recovery. How Much for Whiplash Claims? You may be curious how much you could get in a whiplash settlement after a car accident. These types of settlements vary widely, with milder cases ranging from a few thousand dollars to tens of thousands. More severe cases may settle for six figures or even more if they lead to long-term issues. Settlements are often higher if you have a lasting injury, high medical bills, or significant lost wages. An attorney can help you evaluate your specific situation to determine a fair amount. Remember, every whiplash claim is unique, and an experienced attorney will help you understand what’s realistic for your case. How Much Does Insurance Pay for Whiplash? One common question people ask is, How much does insurance pay for whiplash? Similar to the discussion above, because every case is unique, insurance settlements for whiplash can vary widely. Often, insurance companies try to lowball the amount they offer, aiming to settle the case quickly and for less than the injury may be worth. This can be frustrating when you’re dealing with medical bills, lost income, and the pain of your injury. Working with an attorney can help you get the whiplash payout you deserve by negotiating with the insurance company and ensuring they consider the full impact of your injury. A lawyer can advocate on your behalf, pushing for a fair and comprehensive whiplash settlement that reflects your needs and hardships. Can You Sue for Whiplash in a Car Accident? In California, you can sue for whiplash after a car accident, even if whiplash is your only injury and your vehicle has minimal damage. California follows a “fault” system, allowing you to seek compensation if another driver’s negligence caused your injury. However, the insurance company might challenge the claim, arguing that minimal car damage means minimal injury. Even if you were partially at fault, California’s “pure comparative negligence” rule allows you to recover damages, though any settlement will be reduced by your percentage of fault. This can still cover your medical bills, lost wages, and pain and suffering. When you sue for whiplash, your attorney will help prove that the other driver’s actions led to your injury and fight for fair compensation, even with minor vehicle damage or no other major injuries. Fight for a Whiplash Payout with The Beliz Law Firm The experienced team at The Beliz Law Firm understands the challenges of recovering from an accident while managing insurance claims and legal companies. Led by Michael A. Beliz, Esq., who has successfully recovered millions for clients across Southern California, we’re committed to excellent client service and proven results. Whether you’re facing low settlement offers or dealing with difficult insurance adjusters, our team will fight for the compensation you deserve, from whiplash claims to other personal injury matters. Call or reach out online today to learn how we can support your recovery and fight for the compensation you deserve.

Car Accidents

Average Settlement for a Bus Accident in California

Aug 14, 2024 | By Michael Beliz | Read Time: 3 minutes

When involved in a bus accident in California, understanding the potential financial compensation is a common concern for many victims. However, pinpointing the average settlement for a bus accident is more complex. Each bus accident case has its own circumstances, making it nearly impossible to establish a standard settlement figure. This post will explore the various factors that influence settlement amounts in bus accidents, providing insight into why each case must be evaluated on its merits. By understanding these factors, you can better anticipate the potential outcomes of your specific situation. How Much Money Do You Get If You Get Hit by a City Bus? Settlements in personal injury cases, such as those involving city bus accidents, vary significantly. These settlements are designed to compensate victims for injuries and financial losses. The complexity of calculating public transport accident compensation arises from the wide variability in case specifics, such as injury severity and legal liability. Each settlement is tailored to the details of the individual city bus accident, making it challenging to use average figures as a reliable benchmark. The same goes for other types of bus accidents. Calculating the average settlement for a school bus accident follows the same process. Factors Influencing Settlement Amounts Individual factors can significantly influence the potential settlement amount when calculating case value. Some of the most critical factors include injury type and severity, liability, damages, and the amount of available insurance coverage. Injury Type and Severity The type and severity of injuries sustained in a bus accident play a pivotal role in determining the settlement amount. More severe injuries often result in higher medical expenses, longer recovery times, and increased compensation for pain and suffering. For instance, a spinal cord injury that leads to permanent disability will typically command a higher settlement than minor bruises or temporary discomfort. Liability Liability—who is at fault and to what degree—significantly affects settlement outcomes. Establishing liability can be complex in bus accidents, especially when multiple parties, such as the driver, the bus company, or even local government entities, might be involved. The clearer the liability is established against the defendant, the more favorable the settlement. Damages Damages in a bus accident can be economic, such as medical bills and lost wages, and noneconomic, such as pain and suffering. The total of these damages forms the basis of the settlement negotiations. In rare cases, punitive damages may also be considered if the defendant’s conduct was particularly reckless or malicious. Insurance Coverage Another critical factor that impacts the settlement amount is the available insurance coverage. For example, settlements might be limited by the policy limits of the defendant’s insurance company. Understanding the details of all relevant insurance policies is essential for estimating potential compensation. Special Considerations in Bus Accidents Bus accidents often involve unique legal considerations, particularly when public transportation entities are involved. For instance, specific legal doctrines involving governmental immunity may apply when dealing with accidents involving city buses. These legal statutes can significantly alter the dynamics of a settlement. Suing a city or state entity can be more challenging than an accident involving two automobiles. Maximizing Your Settlement Taking comprehensive and strategic steps immediately following the incident is crucial to maximize your potential bus injury compensation after an accident. First, ensure that all aspects of the accident are well-documented, including detailed medical records and evidence from the scene. Hire a personal injury attorney experienced in bus accident cases. You need someone familiar with local laws and regulations. An attorney can effectively negotiate with insurance companies and, if necessary, litigate to secure the best possible outcome. Remember, the quality of legal representation can significantly influence the outcome of your settlement, especially in complex cases involving entities like schools or public transit systems. Not all personal injury lawyers have experience with bus accidents, so be sure to ask questions when initially meeting with a firm. Get the Compensation You Deserve for a Bus Injury – Contact The Beliz Law Firm Navigating the complexities of a bus accident claim in California requires a thorough understanding of the many factors that can influence the outcome. While predicting an average settlement for a bus accident is challenging, understanding the components, such as injury severity, liability, damages, and insurance coverage, can help set realistic expectations. Whether dealing with a school bus accident or a collision involving city transportation, having skilled legal representation is crucial.If you or a loved one has been affected by a bus accident in California, The Beliz Law Firm is here to help. Our experienced team is dedicated to protecting your rights and willing to fight to help you receive the compensation you deserve. Contact us today to discuss your case and explore your legal options.

Car Accidents

What to Do If You Are in a Bus Accident in California

Jul 27, 2024 | By Michael Beliz | Read Time: 3 minutes

Being involved in a bus accident in California can be a traumatic and confusing experience. Understandably, victims have many questions after an accident, including what happens if a bus hits your car. Knowing what to do if you are in a bus accident is essential to protect yourself and your legal rights. This post will provide clear steps if you got hit by a bus, helping you confidently navigate the subsequent claims process. Step 1: Ensure Safety First Your primary concern should be safety in the immediate aftermath of a bus and car accident. Assess your surroundings and your physical condition. If it’s safe to do so, and you can move away from traffic and any potential hazards like leaking fuel or broken glass. Help others if you can, but remember to avoid moving anyone severely injured unless there is an immediate danger, as this could exacerbate their injuries. Step 2: Call for Emergency Assistance Once you’ve secured your safety and that of others, if possible, dial 911. Getting hit by a bus is serious, and reporting the accident to the authorities is crucial. Emergency services will provide the necessary medical care and secure the area. The arrival of the police is also important as they will document the scene, which is essential for insurance claims and potential legal actions. Be prepared to provide details about the accident, including the location and any injuries known at the time. Step 3: Document the Accident Scene After ensuring that help is on the way and you are in a safe location, start documenting the accident scene. Use your phone to take clear photographs of the entire scene, focusing on the bus, any other vehicles involved, and relevant road conditions. Capture images from different angles and include any visible damages and injuries. If safe, take note of the bus number, route information, and any signage or traffic signals nearby. Additionally, if there are witnesses, ask for their contact information—they could provide valuable testimonies later. Remember, these details can be crucial for your insurance claim and any legal action you decide to take. Step 4: Exchange Information While you should not discuss the details of the accident or admit fault, it is important to exchange contact and insurance information with all parties involved. Obtain the bus driver’s name, license number, and insurance details. Also, gather information from other drivers if there are multiple vehicles involved. If the accident involves a city bus, note down any identifying details of the bus and the contact information for the transit authority. This step is vital for ensuring all relevant parties are documented for future reference in your case. Step 5: Get Medical Attention Even if you do not feel immediate pain or see visible injuries, it is crucial to seek medical attention after a bus accident. Some injuries, such as soft tissue damage or internal bleeding, may not show symptoms immediately. Visit an emergency room or your primary care physician as soon as possible. Ensure that all medical evaluations and treatments are documented thoroughly. These records will be vital for your health recovery and as evidence of your injuries in legal claims or insurance settlements. Step 6: Notify Your Insurance After addressing immediate health concerns, contact your insurance company to report the accident if applicable. It’s essential to do this promptly, as most insurers have deadlines for when you need to report an accident. You may receive contact from another party’s insurance company. You can confirm the facts of the incident but refrain from making any statements about comparative liability or how the accident happened. These discussions should be handled by an attorney to avoid any statements that could be used against you in the claim process. Step 7: Consult with a Personal Injury Attorney Understanding what to do after a bus accident can be confusing, especially in an accident involving municipal transportation services. Consulting with a personal injury attorney who focuses on bus accidents is crucial. An experienced attorney can provide you with guidance on what to do if you are in a bus accident, help you understand your legal options, and represent your interests in dealings with insurance companies and legal proceedings. They will protect your rights and fight for adequate compensation for your injuries and losses. Contact The Beliz Law Firm If you have questions about what happens if a bus gets in an accident, please get in touch with The Beliz Law Firm. These accidents can have significant repercussions on your health and legal rights. Our experience handling complex bus accident cases ensures you receive the support and guidance needed to navigate this challenging time. Contact us today to discuss your case and explore your legal options. Let us put our nearly two decades of legal experience to work for you.

Car Accidents

California Dram Shop Law

Jul 6, 2024 | By Michael Beliz | Read Time: 3 minutes

Choosing to drive after consuming alcohol is a terrible decision. Unfortunately, it is a decision people make every day. Driving while intoxicated impairs judgment and makes reflexes sluggish, increasing the risk of an accident. Many states have adopted dram shop liability laws to prevent these tragedies. Dram shop laws aim to hold establishments responsible for serving too many alcoholic beverages to a patron or for serving an already intoxicated patron. California dram shop laws are complicated. In the past, they aggressively targeted establishments, providing an opportunity for victims injured in accidents caused by intoxicated persons to sue the establishment that served the alcoholic beverages. However, the California legislature has primarily repealed this law, leaving only a tiny exception regarding serving alcohol to minors. The Beliz Law Firm is well-informed of all legal updates about California dram shop laws. If you have been injured in an accident caused by an intoxicated person, contact one of our attorneys to see if you are legally able to sue the establishment or host who served the alcoholic beverages. What Is a Dram Shop Law? First, what is a dram shop? A dram shop is an establishment that sells alcoholic drinks. Common examples include bars, restaurants, clubs, and lounges. A dram shop law is implicated whenever: For a typical example, suppose John goes to Tavern ABC, and the bartender serves him excessive amounts of alcohol, even though it is clear John is drunk. John then drives home, and because the alcohol impairs his cognition, he runs a red light and hits another car. Jane, the driver in the other vehicle, is severely injured. Jane can file a dram shop claim against Tavern ABC, who overserved John. This example describes how the dram shop liability laws used to be in California. However, the law now favors establishments over injured victims. Who Can Be Sued in a Dram Shop Case in California? Under California’s current dram shop liability law, the establishment no longer bears the responsibility to monitor the alcoholic intake of its patrons. Individuals are responsible for monitoring their alcohol intake. There are now only two legal exceptions, and they both involve serving alcohol to minors. Apart from these exceptions, the new law eliminates a dram shop’s liability in California. Examples of Dram Shop Liability in California The following are hypothetical examples of dram shop liability cases. Example 1 John is 40 years old. He visits the ABC Tavern after work and has too many alcoholic beverages. John leaves the tavern intoxicated. While driving, he runs through a stop sign and hits motorcyclist Tom—breaking both his legs. Because of California’s limited dram shop liability, Tom cannot bring a claim for his injuries against Tavern ABC. He can, however, sue John. Example 2 Jane is 17 years old. She visits the ABC Tavern. Chris, the bartender, serves her too many drinks, and Jane becomes intoxicated. She later starts a fight in a bar and injures Diane. Under California law, Diane would likely be able to sue Chris. This example illustrates the exception to the dram shop repeal. A person licensed to sell alcohol can be liable for the injuries an obviously overserved and intoxicated underage patron causes. Because Jane was below the drinking age, Chris—but not ABC Tavern—could be held responsible for the injuries Diana suffered. Example 3 John and Jane threw their 16-year-old daughter a birthday party with her classmates at their house. John and Jane serve alcohol at the party. One of the party attendees, Tom, becomes intoxicated at the party. As he drives home, he hits a bicyclist. John and Jane can be liable as social hosts for Tom’s injuries because they served alcohol to individuals whom they knew were minors. Is There a Difference Between a Social Host Liability Law and a Dram Shop Liability Law? Yes. Sometimes, social host liability and dram shop liability are used interchangeably. However, social host liability refers to liability for serving alcohol in a non-commercial setting, such as a party at a personal residence. On the other hand, dram shop liability refers to the liability for serving alcohol at a place of business, such as a bar or restaurant. Talk to The Qualified California DUI Accident Attorney If you or a loved one was injured in an accident caused by an intoxicated individual, contact The Beliz Law Firm. Founder Michael A. Beliz can analyze your case to determine your eligibility for compensation. He has 18 years of legal experience and has secured millions of dollars for his clients. Contact our office now for a free case evaluation.

Car Accidents

Can an Auto Accident Settlement Exceed the Policy Limit in California?

Jan 9, 2024 | By Michael Beliz | Read Time: 6 minutes

Can a Car Accident Settlement Exceed the Policy Limit? Yes, it is possible for a car accident settlement to exceed the at-fault driver’s policy limits, but it can be challenging. When the damages from a car accident—such as medical bills, lost wages, and pain and suffering—are greater than the limits of the at-fault driver’s insurance policy, victims must explore other options for compensation. These options might include leveraging their own insurance coverage, filing a lawsuit, or negotiating with the insurance company to open the policy limits. Even though, as a whole, people drove less in 2020 and 2021 due to the pandemic, auto accidents were unfortunately widespread. Distracted driving accounted for approximately 14% of all car accidents resulting in injuries in 2020, according to the National Highway Traffic Safety Adminstration (NHTSA). Also in 2020, over 1,100 people lost their lives due to alcohol-related car accidents in California. NHTSA estimates that in 2021, over 4,000 lost their lives in a traffic accident. Car insurance serves to help make sure that a crash victim receives a minimum amount of compensation for their injuries and damages. But what if the damages are more than the insurance policy limit? Can an auto accident settlement exceed the policy limit in California? California Insurance Policies and Limits California has special laws when it comes to car insurance. By law, individuals can carry traditional motor vehicle insurance or provide proof of financial responsibility in lieu of insurance. This allows individuals flexibility to choose how they would like to cover car accident liability. Additionally, it protects the public by requiring individuals to secure a method to compensate car accident victims for losses. Types of California Insurance Policies California allows drivers to carry the following types of liability policies: Some individuals may qualify for a low-cost insurance program. This program improves access to insurance coverage to individuals who can’t afford traditional car insurance. In return, however, the policy limits and coverage are less than those of traditional insurance. California Insurance Policy Limits California’s drivers must provide evidence of the following minimum amounts of financial responsibility in case of an accident: If the individual carries a low-cost automobile insurance policy, the following limits apply: These are the minimum amounts of coverage that California’s drivers must carry or bear responsibility for. But drivers can opt to take out policies with higher coverage amounts. Can an Auto Accident Settlement Exceed the Policy Limit in California? It depends. Part of the insurance contract is that the driver agrees to pay the insurance company X amount in exchange for the insurance covering losses totaling X amount or less. Typically, insurance policies and limits represent the highest amounts that the insurance company may agree to pay if there’s an accident. In California, you have to give the at-fault insurance company one opportunity to resolve the claim within their limits by sending over enough information to show the limit amount should be tendered. If the insurance company disagrees and does not pay, then the insurance policy limit is open. You can still negotiate with the insurance company and at-fault parties to reach a settlement agreement that works for everyone. Additionally, if you have underinsured motorist coverage, your insurance company may cover some of your damages. Having an experienced auto accident lawyer to help you increases your chances of recovering. The Beliz Law Firm helps people like you negotiate with the insurance company. We’re not afraid to go to court to help victims and their families get the compensation they need and deserve. What Are My Options If My Damages Exceed the Insurance Policy Limits? Some car accident injuries like traumatic brain injury can incur a lifetime cost for medical treatment of thousands to over $1 million dollars. Aside from medical costs, you or your loved one may be missing out on wages, enduring pain and suffering, and going through other hardships because of the accident. Do you have options? If you’re unable to negotiate a suitable settlement outside of court, filing a lawsuit may be your best option. If you go to court, the money award you receive isn’t limited by the insurance policy limits. California’s personal injury damages laws set how much you can receive from the at-fault party or parties. Under California law, you may be entitled to full, fair, and reasonable compensation for the damages that the at-fault party caused. This includes direct damages, like to your car and your body during the accident. Additionally, you may receive compensation for the harm to you, your life, and your family because of the accident. In other words, compensation for your pain and suffering and lost wages. Unfortunately, just because a court may award you damages does not mean you will be able to collect them. Underinsured drivers often lack the resources to pay a judgment. Your attorney can investigate to help you determine whether filing a lawsuit will be worthwhile. If you have uninsured/underinsured motorist coverage on your own insurance policy, you can make a claim with your own insurance company up to the limits of that policy. A lawyer can help you navigate claims with both the at-fault driver’s insurance company and your own insurance company. Hiring a knowledgeable and trustworthy auto accident lawyer helps you maximize the recovery you receive. Challenges in Securing High Settlements Pursuing compensation that exceeds policy limits in California is not straightforward. Insurance companies often resist paying beyond policy terms, and proving that a case merits a higher settlement requires a meticulous presentation of evidence. Proving Damages Beyond Policy Limits: To justify compensation beyond policy limits, victims must demonstrate the full extent of their losses. This often includes: Despite presenting strong evidence, negotiating with insurance companies can be challenging. Insurers may undervalue claims or deny them outright. In such cases, an experienced attorney can negotiate aggressively or escalate the matter to litigation, where a court may order the at-fault party to pay additional damages. The Role of Experienced Legal Representation: Hiring a skilled personal injury lawyer is crucial....

Car Accidents

What Is the Average Settlement for a Drunk Driving Accident in California?

Oct 16, 2023 | By Michael Beliz | Read Time: 5 minutes

Overview of Drunk Driving Accident Settlements in California Drunk driving remains a serious public safety problem in California. According to the most recent data from Mothers Against Drunk Driving (MADD), more than 1,000 people were killed in DUI crashes in the state in 2017. Many thousands more innocent victims suffered severe, even life-changing injuries in wholly avoidable DUI accidents. When a drunk driver hits you, it is a trying experience, especially if there are serious injuries. As you recover from injuries, it is natural to think about recovering compensation from the drunk driver who hit you. You have to consider medical bills, rehabilitation costs, missed work, and more. This raises an important question: How much money do you get if hit by a drunk driver and what is the average drunk driving accident settlement in California? The truth is, there is no true ‘average’ drunk driving accident settlement amount because each claim is different and unique. If you were injured by an intoxicated driver, your potential settlement will vary based on the severity of your injuries and circumstances surrounding your case. Your DUI accident settlement can include compensation for pain and suffering, lost earning capacity, and reimbursement for medical bills. At The Beliz Law Firm, our top-rated Long Beach, CA drunk driving accident lawyer is standing by, ready to fight for your rights. Car accident lawyer Michael Beliz can help you understand what your case is worth. Consultations are always free – reach out today. Average Settlement for Drunk Driving Accidents in California After an injury in a car accident, the driver at fault for the accident may be liable for your injuries. In some cases, the person that caused the accident was driving under the influence. If that happens to you, there is a good chance the other driver owes you compensation. Settlement After Getting Hit by a Drunk Driver: Key Factors An accident involving a drunk driver can often yield a higher settlement or judgment than a case in which the driver at fault was not impaired. However, the value of any personal injury or wrongful death claim depends on the case. Is There a Normal Drunk Driving Personal Injury Settlement? There is no “normal” settlement for car accident injuries caused by a drunk driver. In California, some personal injury awards are more than a million dollars. Other cases settle for under $10,000. The compensation owed in your personal injury case depends on many factors. They include the severity and permanence of your injuries, the economic loss you suffered, and the degree of comparative fault. The defendant’s insurance coverage and ability to pay will also play a large role in the value of a settlement. How Do We Calculate Damages in Drunk Driving Accident Cases Whether you were rear-ended by a drunk driver or involved in a head-on collision, settlement calculations will depend on two kinds of damages in personal injury cases: compensatory damages and punitive damages. Compensatory damages compensate an injured person for his loss. We categorize these into economic (special) and non-economic (general) damages. Punitive damages (also called exemplary damages) punish the defendant for extreme neglect or bad behavior. To award punitive damages, California law requires the defendant must have “willfully and deliberately failed” to avoid the known consequences of his negligence. Not every drunk driving personal injury case will include punitive damages. In some cases, however, juries have awarded millions of dollars in punitive damages to the families of those killed by an intoxicated driver. How to Maximize Your Compensation After a DUI Accident in California DUI settlements often provide compensation for both economic and non-economic damages. Whether you are seeking compensation for direct economic losses — such as medical bills, lost wages, etc — or you are seeking compensation for non-economic damages — such as pain and suffering, disfigurement, or emotional distress — it is crucial that your damages are properly documented and effectively presented. Ultimately, compensatory damages must be tied to your losses. To obtain compensation through a settlement or personal injury verdict, your claim should be carefully documented with strong supporting evidence either through receipts, bills, photos, etc. Indeed, the key to obtaining successful results in the personal injury settlement process often lies in the evidence. Notably, the large insurance companies that typically defend DUI accident claims have a well-established reputation for being highly aggressive. It is rare that these insurers will lead with their best and final settlement offer at the beginning of the negotiation process. Their fundamental goal is to settle drunk driving accident claims for the lowest amount possible and as quickly as possible. Insurers train their representatives to look for any information that they can use against plaintiffs in order to reduce a personal injury settlement. For this and other reasons, it is highly recommended that you deal with the insurance company through your attorney. Your attorney will make sure that your interests are protected. When Can You Recover Punitive Damages in a California DUI Accident Case? Punitive damages will only be awarded in cases where there was gross negligence or extraordinarily reckless misconduct by the defendant. In DUI accident cases, California courts are instructed to look to the state’s statutes on punitive/exemplary damages (Civil Code § 3294). What is notable is that California requires plaintiffs to present ‘clear and compelling’ evidence in seeking punitive damages. This is a significantly higher legal threshold than the ‘preponderance of evidence’ standard that is used for compensatory damages. In order to recover punitive damages for a drunk driving accident, you must be able to clearly demonstrate that the defendant (the intoxicated driver) was grossly negligent or willfully reckless. The worse the behavior of the defendant, the more likely punitive damages are to be awarded. An example of willfully reckless behavior is a prior DUI conviction. If you are considering seeking punitive damages in your case, it is imperative that you seek guidance from an experienced Long Beach drunk driving accident lawyer who can help you prepare the strongest possible legal claim. Engage...

Car Accidents

Motorcycle vs. Car Accident: Similarities and Differences

Oct 13, 2023 | By Michael Beliz | Read Time: 3 minutes

Traffic accidents are unfortunate no matter the circumstances, especially when they result in severe, life-threatening, or even deadly injuries. Motorcycle and car accidents fall under two distinct categories among the various potential accidents. It likely doesn’t shock most people to know that motorcycles are far more dangerous than most vehicles. However, this does not necessarily mean that you will recover more compensation after a collision with a motorcycle vs a car accident. Each accident differs in terms of causes, damages, and legal implications. Car vs. Motorcycle Accident Statistics When looking at the statistics of motorcycle crashes and crash-related fatalities, it’s alarming to see how many involve motorcycles. Over the past couple years, Insurance Information Institute (III) statistics show that the occupant fatality rate was 10.79 for every 100,000 registered cars and 60.03 for every 100,000 registered motorcycles. These figures show the risk of a fatal crash was almost six times higher among motorcycle riders. Another alarming difference can be seen when comparing the fatality rate in proportion to the miles traveled. The III estimates that the fatality rate for motorcycles is 25.67 for every 100 million miles traveled, which is shocking compared to the mere 0.67 for passenger cars. Causes of Motorcycle and Car Accidents A common cause of both motorcycle and car accidents is human error. Human error could be distracted driving, speeding, impaired driving, or failing to obey traffic rules. For motorcycle accidents, additional factors can contribute to the cause, such as lane splitting, lack of visibility, and the smaller size and maneuverability of motorcycles. Additionally, due to the fundamental differences in size, weight, and maneuverability, motorcycles and cars handle differently on the road. Motorcycles are more susceptible to loss of control due to road hazards, potholes, or uneven surfaces, which can cause an accident. In contrast, cars are relatively more stable but are prone to rollovers, especially during high-speed collisions Damages in Motorcycle and Car Accidents Regarding a personal injury case, the more severe injuries a rider or driver sustains, the higher the damages and the more compensation the individual may recover. A significant distinction between motorcycle and car accidents is the level of protection offered to the individuals involved. Car occupants benefit from the safety features such as seat belts, airbags, and the vehicle’s structural integrity. On the other hand, motorcyclists are exposed to direct impact with the road, other vehicles, or roadside objects, leading to a higher likelihood of fractures, head injuries, spinal cord injuries, or even fatalities. Car accidents can also cause significant injuries, but the safety features in cars often provide more protection for the occupants. The greater risk to motorcyclists tends to correlate with higher injuries. Property damage is another factor considered in a personal injury recovery. Motorcycle and car accidents can both result in property damage. However, due to the size and weight difference, car accidents may lead to more substantial damage to the vehicles involved. At the same time, motorcycles are more prone to complete loss, especially in high-speed collisions. Legal Options for Car Accidents VS Motorcycle Accidents In California, the legal options for motorcycle and car accidents share some similarities, but there are also distinct considerations. Motorcycle riders in California must carry liability insurance, just like car drivers. However, the insurance coverage for motorcycles may differ from that of cars due to the increased risk associated with motorcycles. Additionally, California has specific laws and regulations pertaining to motorcycles, such as helmet requirements for riders. These unique laws could impact liability and the legal options available for motorcyclists involved in an accident. Lastly, California follows a comparative negligence system, meaning an insurance company or jury can apportion fault among multiple parties involved in an accident. There is a perceived bias against motorcyclists due to certain stereotypes associated with motorcycle riders. The bias could mean the insurance company or jury might award a motorcyclist an unfair percentage of fault. So while the potential for greater damages exists in a motorcycle accident case, it could be offset by the rider’s contributory negligence or perceived bias against them. That’s why it’s in the best interest of a motorcyclist to gather strong evidence and seek legal representation to protect their rights. California Accident Lawyer If you are a motorcycle or car accident victim and would like to pursue legal action against an at-fault party for damages, we can help. Michael A. Beliz has handled hundreds of accident cases as an attorney for over a decade. You can be confident The Beliz Law Firm will handle your case professionally and as efficiently as possible. Contact us today!

Car Accidents

What Is the Average Settlement for a Rear-End Collision in California?

Jun 27, 2023 | By Michael Beliz | Read Time: 4 minutes

Key Takeaway: Rear-end collisions in California can result in significant injuries and property damage, prompting victims to pursue personal injury claims. However, there’s no average payout for a rear-end collision in California due to the unique nature of each case. Factors such as the extent of injuries, economic losses, and non-economic damages influence the settlement. By seeking legal guidance, you can maximize your chances of receiving adequate compensation for your losses. Rear-end collisions are typically unexpected and can result in serious injuries and major property damage. California allows the victim of a rear-end crash to file a personal injury claim when the collision occurred due to someone else’s negligent or wrongful act. Every rear-end collision is different, so every rear-end crash settlement is different. Thus, there is no average rear-end collision settlement in California. The settlement for a rear-end crash will depend on a variety of different factors, like the extent of the victim’s injuries and their chances of a full recovery. Contact a California car accident attorney at Beliz Law today to discuss a fair rear-end collision settlement amount for your case. What Losses Count Toward a Rear-End Collision Settlement? In California, a personal injury judgment is designed to compensate you for the losses you suffered as a result of the at-fault party’s negligence. Therefore, it is impossible to calculate the average payout for a rear-end collision without reviewing the details of a case. After a rear-end crash, common economic losses include: Proving economic damages is relatively straightforward as long as you keep a record of the costs you incur due to the accident. Medical expenses can make up a large chunk of your economic losses. Thus, someone who suffers a more serious injury in a rear-end collision will likely incur more losses stemming from medical costs alone. In addition to economic damages, plaintiffs can recover non-economic damages in a personal injury claim. Non-economic damages represent a more abstract form of damages that aim to compensate you for things like: The abstract nature of non-economic damages makes them more confusing to understand and harder to calculate. Our team can consult with economic experts who can give an accurate market value for your losses to help calculate a fair settlement offer. What Is Considered a Rear-End Collision? A rear-end car accident occurs when a car collides with the vehicle in front of it. According to the National Highway Traffic Safety Administration (NHTSA), approximately 5,250,837 police-reported car accidents occurred throughout the United States in 2020, resulting in 2,282,015 injuries. Inevitably, some of these accidents are rear-end collisions. In the United States, there are more than eight million car accidents annually, with rear-end collisions accounting for about 41.6% of all accidents between two vehicles. Causes of Rear-End Collisions in California Though avoiding a rear-end crash may seem easy, they occur with alarming regularity. In many cases, rear-end collisions happen when one car is stopped or moving very slowly, and a second vehicle strikes it from behind. This scenario frequently occurs in high-traffic areas when drivers need to stop with little notice. Factors that may cause a rear-end collision include: The cause of the rear-end collision will help determine whether you can successfully recover through a personal injury claim. Even if you share some blame for the accident, you may still be able to recover. California applies the rule of pure comparative negligence to personal injury claims. That means even if you were partially responsible for the collision, you can still bring a personal injury claim against the other party and collect compensation. However, your recovery is reduced by your percentage of fault. For example, if the judge finds you 30% at fault for the accident and awards you $200,000, you will recover $140,000. How Can I Maximize My Rear-End Collision Settlement? No one anticipates a rear-end collision. As a result, many people think their hands are tied until they contact an attorney to review their case. However, there are a few steps you can take to maximize the amount of information you can provide your lawyer to build a case. Report Your Collision to Authorities You should contact law enforcement and request that an officer come to the accident scene as soon as possible. Someone else may contact law enforcement for you upon seeing the collision, but you should call 9-1-1 just in case. The police officer who responds to the scene will create an accident report that contains basic information about the crash and the officer’s impression of who caused the accident. Seek Treatment for Your Injuries If you suffer an injury in your rear-end accident, you should seek medical treatment immediately. Rear-end collisions can cause whiplash, which can result in injuries to your neck and spinal cord. In some cases, spinal cord injuries do not present themselves immediately. Thus, even if you do not see apparent injuries, you should still seek a medical evaluation to verify that you did not suffer a hidden injury. Additionally, you can start preserving documentation of your medical expenses with your first doctor visit. Collect Evidence from the Accident Scene The strength of your rear-end accident case will depend on what evidence your attorney can present to prove the opposing party’s fault. You can collect some of this evidence at the accident scene immediately after the collision. You may be able to collect the following information at the scene: Your attorney cannot recreate the accident scene once it gets cleaned up. That means the information you collect at the scene may be the best picture they get of the accident. Contact The Beliz Law Firm to Discuss Your Potential Rear-End Settlement Amount in California A car accident lawyer can help you recover a rear-end collision settlement that fairly compensates you for your financial losses. Our team of attorneys has years of experience handling car accident cases. Whether you are seeking a minor rear-end collision settlement or suffered a significant injury, the Beliz Law Firm is here for you. Contact us today.

Car Accidents

How Long Does It Take to Get a Settlement from a Car Accident in California?

May 2, 2023 | By Michael Beliz | Read Time: 4 minutes

How long does it take to get a settlement from a car accident in California? Unfortunately, there’s not a specific timeline or average timeframe it takes to negotiate a car accident settlement in California. There are many factors involved, and how long it could take for you claim to settle will depend on the unique elements involved in your case. If you have questions about how long a car accident claim takes to settle, don’t hesitate to get in touch with the legal team at Beliz Law Firm. How Long Does It Take to Settle a Car Accident Claim? The timeline to resolve a car accident claim varies from person to person. Individual factors mean your case could settle in two months or two years. Read on to learn more. Factors Impacting the Duration of a California Car Accident Settlement Some of the most influential factors in your case include the severity of your injuries, liability disputes, and insurance company negotiations. Here’s how each of these impacts your settlement timeline. Injury Type and Severity Your injuries play a significant role in how quickly your case might resolve. The more severe your injuries, the longer you are likely under a physician’s care. Severe injuries often involve lengthy recovery periods. Trying to resolve your case too early could result in missed compensation. Consider an example where you settle your claim but your doctor says you need additional surgery. If you have already settled and signed a release, you can’t go back and try to negotiate for more money. Severe injuries also translate to a greater amount of damages. The insurance adjuster will scrutinize your damages even more when your case could be worth a significant amount. Some adjusters prefer to take their chances with a jury rather than settle for a fair amount. Gathering Evidence Before negotiations begin, your attorney must gather evidence and documentation to support your claim. This evidence includes medical records, photographs, witness statements, and police reports. The time it takes to collect and review all necessary evidence will vary depending on the case’s complexity and the parties’ availability. A delay in obtaining essential evidence means negotiations will start later. Disputes Over Liability Liability disputes are a big hangup in most California car accident cases because California is a comparative negligence state. Your compensation will be reduced if you are partially at fault for the accident. The reduction correlates to your percentage of fault. That means the insurance company can save money for any additional liability they can attribute to you. In some cases, the parties involved in a car accident may dispute who is at fault. You’ll need additional investigation and evidence collection when the insurance company contests liability. Your attorney might need to hire an accident constructionist to confirm the mechanics of the accident. All this can extend the time it takes to negotiate a settlement. Insurance Company Negotiations In general, negotiations with insurance companies can be a lengthy process. Some insurance companies will use delay tactics or offer a lowball figure in hopes you walk away. Your attorney may need to present additional evidence, argue for a higher compensation amount, and engage in multiple rounds of negotiation before reaching an agreement. Litigation If you cannot reach an agreement on a fair settlement through negotiations, it may be necessary to file a lawsuit. Litigation can be time-consuming and may extend the duration of your case by several months or even years. Usually you have two (2) years from the date of the accident to resolve your case or file a lawsuit. There are incidents involving governmental entities that may shorten the time to six (6) months or accidents involving a minor child that could lengthen the statutory time to two (2) years past the age of 18 years old. Once in litigation with the courts, the time may take another year or more to resolve the conflict between you and the other’s insurance company. Once You Settle: Receiving the Check Receiving payment will still take a few weeks or more. First, you have to receive and sign the release of all claims. The insurance company will process it and then issue the final settlement check. If you have an attorney representing you, the settlement check will be sent to your attorney. Before you receive your portion of the settlement, your attorney will deduct their fees, any liens, and other case-related expenses. Your attorney should provide you with a detailed statement outlining these deductions. Once all costs and liens are satisfied, your attorney will send you the remaining proceeds. What to Do If It’s Taking Too Long to Receive Your Car Accident Settlement? If you’re asking, Why is my car accident settlement taking so long? you aren’t alone. Even once you settle, insurance companies can delay the process. That’s one of the many reasons we recommend hiring a California car accident lawyer. If you feel that your case is taking an unreasonably long time to resolve, remember to: If you still need to find an attorney, start researching now. You have only limited time to file a lawsuit in California. Questions About How Long Your Car Accident Case Will Take to Settle? Contact The Beliz Law Firm When you’re injured in a car accident, consider hiring a skilled lawyer that handles car accidents. If you’re researching answers to questions like, How long does it take to get a settlement from a car accident in California? contact Beliz Law Firm. Attorney Michael Beliz has nearly two decades of experience assisting injured victims in California. He knows insurance companies’ tactics to delay settlement and undervalue your case. Let our firm protect your rights and help you obtain fair compensation as quickly as possible. Schedule an initial consultation to learn more.

Car Accidents

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