Car Accidents Archives - Page 4 of 4

How to Determine Pain and Suffering in a Car Accident Case

Sep 1, 2018 | By Michael Beliz | Read Time: 3 minutes

Car accidents can leave victims with mounting medical bills and other financial losses, like lost wages. But not all injuries are easy to value in monetary terms. For example, if a car accident leaves you paralyzed in your legs, you might still be able to work. Nevertheless, you have suffered a terrible loss to your ordinary way of life. In California, “pain and suffering” is the catchall term to describe certain non-economic losses you can be compensated for. However, it is not always easy to calculate how much these losses are worth. If you have been in an auto accident, pain and suffering damages might be substantial. What Does Pain and Suffering Cover in California? Each state defines pain and suffering differently. According to California Civil Jury Instruction 3905A, pain and suffering includes: Physical pain; Mental suffering; Physical impairment; Disfigurement; Loss of enjoyment of life; Inconvenience; and Emotional distress, including embarrassment or anxiety. After a minor accident, this pain and suffering might be temporary, clearing up after a couple of months. With particularly serious accidents, however, our clients can be permanently disfigured or disabled. How Do We Calculate Pain and Suffering? In one sense, no amount of money can ever make up for certain injuries. For example, if your brain injury permanently impairs your memory and ability to speak, then no money can ever make you whole. Nevertheless, you can’t get your old body back in a car accident settlement, so money is the best substitute. At the Beliz Law Firm, we use two different methods to estimate pain and suffering: the multiplier method and the per diem method. Multiplier Method This method is easy to understand. You take your actual economic losses—the cost of medical care, lost wages, and property damage. Then you multiply these amounts by a number usually between 1 and 5, with 1 being used for less serious injuries and 5 used for the most serious, like paralysis. To take an example, Karen might have suffered the following economic losses when she suffered an arm fracture in a T-bone collision: Medical care: $5,000 Lost wages: $3,000 Car damage: $2,000 Total economic losses: $10,000 Since her injury is moderate, you would probably multiply this amount by 2 and arrive at $20,000, which is a rough estimate of her pain and suffering damages. Add the $20,000 to her $10,000 in economic losses, and Karen could get around $30,000 in her settlement. Per Diem Method Per diem means “by the day.” This method assigns a daily value for pain and suffering, such as $200. If Karen’s broken arm caused her pain for three months, during which she was regularly seeing the doctor, then you might multiply $200 by 90 days to reach $18,000 for total pain and suffering. How do you arrive at the per diem amount? Actually, it might seem rather arbitrary. An insurance company might look at how much you earn a day and use that as the number. Your attorney could use some other number so long as there is a legitimate reason for doing so. Speak with Us Now After an auto accident, you need steady legal guidance to help you get the money you deserve. At the Beliz Law Firm, we have extensive experience with car accident settlement pain and suffering claims, and we want to use our knowledge for you. To schedule your free consultation, please reach out to us today.

Car Accidents

Common Injuries Faced by Pedestrians After a Car Accident

Jun 8, 2018 | By Michael Beliz | Read Time: 2 minutes

When a pedestrian is hit by a car, they very seldom have the advantage. The car is larger and it’s moving faster. Even a car moving at the relatively slow speed of 10 mph can do serious irreversible damage to a defenseless pedestrian. While the pedestrian has a duty to obey traffic signals and traffic laws, so does the car. Furthermore, the car has a duty to attempt to avoid the pedestrian. That is the case even when the pedestrian is jaywalking or committing some other violation. In that event, the illegal actions of the pedestrian do not negate either the illegal actions of the driver nor their duty to avoid the pedestrian. Even pedestrians who are partially at fault for an accident can collect a major settlement or jury award. The reason for that is due to the fact that pedestrians suffer extensive injuries in collisions with cars. Some of those injuries can change a person’s life forever. Traumatic Brain Injury The term “traumatic brain injury” is generic enough to encompass a wide array of head injuries that vary in severity. But more often than not pedestrians will suffer from concussions at the very least. In very bad scenarios they can suffer permanent brain damage that compromises their ability to do their jobs, maintain employment, or experience a full range of emotions. Damage to certain parts of the brain can be fatal. In addition, the brain can suffer damage from swelling or bleed internally. Spine and Neck Injuries Depending on how a pedestrian is hit, the chances that they suffer serious damage to their spine or neck are not negligible. From these, permanent paralysis can result. This can force major changes to a person’s line of work. If they depended on their ability to stand in order to do their job, then they will need to find a new line of work. Not only would they be entitled to collect on their loss of income, but they could also collect on training necessary to enter a new field of employment. In the most severe cases, the paralysis is lifelong and leaves the injured party without the use of either their arms or legs. These individuals require 24-hour care. They are entitled to collect damages to pay for that care. Bone and Organ Damage Depending on the size of the vehicle that hits a pedestrian, extensive damage to various parts of the body can occur. Even smaller vehicles can cause serious damage to the arms, legs, and the “core”, like the ribs. This, in turn, can lead to potentially fatal internal bleeding or severe organ damage. In every case, the pedestrian may likely need multiple surgeries and an extensive period of rehabilitation. This can keep them out of work for an extended period of time while medical expenses and other bills pile up. Contact a Pedestrian Accident Attorney Today If you’ve suffered injuries in a pedestrian-car accident, you are entitled to collect damages. Call the personal injury attorneys at Beliz Law Firm at (562) 452-3772 or contact us online and we can begin building your case right away.

Car Accidents

Auto Accident Laws in California

Nov 22, 2017 | By Michael Beliz | Read Time: 4 minutes

Laws vary from state to state. Federal laws are applicable in all 50 states. Laws on employment discrimination and immigration can be both from the federal and state. States are responsible for creating the rules of conduct within the state. These usually include laws about civil conduct and criminal offenses. A person involved in a car accident in California should understand the state’s car accident laws. Some states’ laws are very similar to California’s and others are wildly different. Familiarize yourself with the Golden State’s car accident laws. Then, you’ll know what to do if a driver injures you in an accident. California is an at Fault State for Car Accident Claims A victim can seek compensation for any resulting damages from a car accident. They do this through a personal injury claim against the negligent party. In some states, this is not the case. The victim must use personal injury protection (PIP) coverage for these expenses. When a California driver is negligent, he or she is liable for any damages that result from his or her negligence. In a car accident situation, the victim must be able to prove that the crash was the other driver’s fault. It must be a direct result of another party’s failure to take reasonable care to prevent the accident. Reasonable care to prevent an accident can be as simple as driving the speed limit or coming to a full stop at a red light or to traffic. Negligence can also mean simply acting in an unsafe manner while driving. This includes things such as failure to yield, following too closely, unsafe left-hand turn, text messaging, or driving drunk. Through a personal injury claim, you can seek compensation for the following damages: Your medical bills; Your lost wages; and Your pain and suffering damages. Including all noneconomic damages like emotional distress and reduced quality of life. California Automobile Insurance Requirements In California, drivers are required to carry at least the following in car insurance: $15,000 in liability coverage for injury or death to one person; $30,000 in liability coverage for injury or death to multiple people in one incident; and $5,000 in liability coverage for property damage. Drivers can also insure themselves. When a driver shows proof of self-insurance, they can receive a self-insurance certificate. You can find this at the California Department of Motor Vehicles. You can comply with California’s insurance requirements in one of two ways. Either buy a $35,000 surety bond from a party licensed to operate in California or make a $35,000 cash deposit with the California Department of Motor Vehicles. The Statute of Limitations for Personal Injury Claims in California The statute of limitations for personal injury claims is usually two years from the date of the accident. This applies to private parties only, however. An insurance claim is not a lawsuit. Generally, the preferred course of action is to file a claim and reach a settlement privately. When this does not result in an appropriate settlement for the victim, he or she can file a lawsuit to have the case heard in court. The victim must file this lawsuit within two years of the accident that caused the injury. For this reason, most lawyers advise victims to be proactive. It’s important to start moving on your claim as soon as possible. When the Government is Responsible for your Accident, the Rules are Different The above statute of limitations only applies to claims against private parties. If a government entity’s negligence caused your accident, the statute of limitations for your case is six months. There are a few different ways the government can be the negligent party in your accident. A few examples include: An accident caused by a pothole or another hazard on a public road that the municipal, county, or state government should have removed or repaired; A collision with a public transportation vehicle, such as a bus; and A collision that resulted from a confusing or poorly planned roadway. A road might have an acceleration ramp that is too short or bends in a way that drivers cannot see oncoming traffic. When a roadway’s design makes it dangerous, the government entity charged with maintaining that area of roadway is liable for damages victims suffer as a result. If someone is facing injury because of a government entity’s negligence, he or she needs to file a claim under the California Tort Claims Act (CTCA). The victim must file the claim against the various government agencies that may be negligent. California is a Pure Comparative Negligence State You can still recover compensation for your damages even if you were partially at fault for the collision. If you are negligent and the negligence was a substantial factor to the harm caused to you, then the damages are reduced by the percentage of your responsibility. For example, if you are 10 percent at fault and you received a $100,000 in a jury trial, the amount of compensation you can recover is reduced by 10 percent. In this scenario, you can only recover up to $90,000. If You Do Not Have Auto Insurance You Cannot Recover Compensation for Non-Economic Damages California Law prevents those who do not have insurance from recovering non-economic damages, which are basically your pain and suffering damages. If you are driving a vehicle on California roadways, you want to have automobile insurance. Remember auto insurance gives you the opportunity to collect both economic and non-economic damages. This means you will be able to recover compensation for the entirety of your injuries. While non-economic damages are for your pain and suffering, economic damage includes lost wages and medical bills, in addition to any loss of earnings. No auto insurance means you will be severely limited in your recovery. You will be only able to recover for just economic damages, basically, items that you can prove with a receipt. Work with an Experienced Long Beach Car Accident Lawyer After an injury accident, the person who caused the crash may...

Car Accidents

Dealing with Concussions from Car Accidents

Oct 16, 2017 | By Michael Beliz | Read Time: 3 minutes

A concussion, also called a mild traumatic brain injury (MTBI), is one of the more common injuries you may sustain in a car accident. While some concussions are minor and cause relatively few problems, others can be quite debilitating and may cause long-term issues. Concussions, like any head injury, are serious. A doctor should monitor them closely. Signs of a Head Injury After a Car Accident A concussion is a brain injury that can occur any time you hit your head, or even from whiplash. The symptoms of a concussion may be immediate or could develop up to several weeks after your car accident. Seek medical treatment if you experience any of the following symptoms: Confusion Memory problems Sleepiness Headache Dizziness Blurred or double vision Sensitivity to light and sound Nausea or vomiting Losing consciousness It can be difficult to detect the signs of a concussion in young children because they are not always able to communicate what they are experiencing. See a doctor right away if your child got in a car accident and shows any of the following symptoms: Extreme drowsiness Excessive crying or irritability Slurred speech Strange behavior Vomiting Confusion Vision or balance difficulties Delayed reactions Long-Term Effects of Concussions Most concussion symptoms will dissipate within a few days. However, a serious concussion can hang around for months, continuing to cause headaches, dizziness, and confusion. Some people may suffer long-term physical, cognitive, and emotional changes. Concussions can be particularly dangerous if you have suffered a previous concussion or another head injury. Subsequent concussions are more likely to cause permanent brain damage. Treating and Managing a Concussion There is no cure for a concussion. However, the best medicine for any head injury is rest. Rest is absolutely necessary for your brain to heal, so be careful not to overexert yourself physically or mentally. Reduce lighting and noise in your home while you recover. Although your family and friends may be anxious to visit you after a car accident, keep socializing to a minimum for a few days. A low-stimulus environment is most conducive to MTBI recovery. Acetaminophen may be helpful for lingering concussion headaches but avoid ibuprofen and aspirin. Your doctor may also prescribe other medications for pain and nausea. Do not consume alcohol during your recovery period. As always, follow your doctor’s orders closely and ask before making changes or beginning a new treatment. You will want to avoid activities that involve concentration and problem-solving. For this reason, your doctor may recommend you take time off from work or school. As you recover, you should slowly and gradually increase the amount of “mental work” you are doing. This includes “easy” tasks like reading, texting, and playing games. When you return to work or school, remember to take frequent breaks. Try to find a quiet place to lay your head down and nap if possible. Get in Touch with a Long Beach Personal Injury Attorney If you or a loved faces a head injury after a car accident, contact the Beliz Law Firm in Long Beach, California for a free, no-obligation case evaluation. Call us anytime at (562) 452-3772.

Car Accidents

Serious Car Accident Injuries You May Face After a Crash

Aug 18, 2017 | By Michael Beliz | Read Time: 3 minutes

After a car crash, the extent of injuries that you may incur depends on different factors. What position were you in when the crash occurred? How fast were the vehicles traveling at impact? What was the angle and position of the crash? Were you wearing a seatbelt? These factors will impact the extent of your injuries. Serious car accident injuries are most common in head-on collisions, when occupants are not wearing seatbelts, or when vehicles are traveling at high speeds. Some of the most serious car accident injuries include: Spinal Cord Injuries The spinal cord is one of the most important and most delicate systems in the body. It is responsible for transmitting messages between the brain and other systems. It is thanks to your spinal cord that you can walk, pick up a book, or even control when you go to the bathroom. The spinal column protects the spinal cord. It is a collection of vertebrae that form the shape of your spine. While these vertebrae are very strong, an accident can cause serious trauma. Damage to vertebrae can be serious enough to affect the spinal cord. If the accident impacts the spinal cord, the result is permanent partial or complete paralysis. Traumatic Brain Injuries Another type of serious injury that car accident victims may face are traumatic brain injuries or TBIs. There are multiple types of traumatic brain injuries. This type of injury may occur from several types of collisions, including: A hard hit directly to the head Violent shakes or whipping back and forth Oxygen deprivation (less common in car accidents) Cuts or lacerations from contact with sharp objects. Some traumatic brain injuries will heal with time. Others will leave a victim with long-term complications. This may affect cognition, memory, learning, sensation, speech, and emotions. Serious Injuries to Extremities A person may also suffer serious injuries to their extremities as a result of a car accident. Soft tissues injuries, fracture injuries, and amputation injuries can all be very serious, and may permanently impair a person’s mobility. An injury to an extremity may also cause permanent nerve damage, weakening or paralyzing the affected part of the body. Back Injuries One of the most common types of car crashes is to the rear of your vehicle. Rear end car accidents may shake you backward and forwards. This pushes your body against the seat and seatbelt and can injure your back. This forceful movement may cause disc bulges and protrusion to your spinal column. If the bulges and protrusions are too severe for physical therapy, the remedy may be epidural injections or surgery. Psychological Injuries Car accident victims are often very seriously injured, but they may also be psychologically injured too. Psychological injuries can be very challenging to live with. Depression, anxiety, and post-traumatic stress disorder can all be as limiting as physical injuries. Our Attorneys Are Here To Help You Seek Compensation A serious injury from a car accident can change your life. We know that nothing can give you back what you have lost. Hopefully, receiving a fair compensation amount can you with a small portion of what you need to improve your future. At the offices of The Beliz Law Firm, our Long Beach car accident attorneys care about you. You can schedule a consultation with our law firm, free of charge, by sending us a message.

Car Accidents

Car Accident Injury Symptoms You May Overlook

Aug 8, 2017 | By Michael Beliz | Read Time: 2 minutes

Car accidents can lead to traumatic injuries that are easy to detect. For example, a broken leg is not only incredibly painful but may even be evident to the naked eye. Similarly, a puncture wound or laceration is both painful to the victim and obvious for others to see. But not all car accident injuries have such evident symptoms. In fact, there are a handful of car accident injury symptoms that you might overlook. Consider the following injuries and their symptoms, and if you are in a car accident, be sure to see a medical professional as soon as possible. Concussions Concussions and other traumatic brain injuries (TBIs) can be difficult to diagnose. This is true because they are not painful to the victim. The symptoms can appear mild to both the victim and others. If you or someone you love has any of the following systems following a car accident, it could be a concussion or closed head injury: Headache; Ringing in the ears (tinnitus); Dizziness; Fatigue; Confusion; Nausea or vomiting; Slurred speech; Sensitivity to light; Depression; Crying; Trouble sleeping; and More – you can read a full list of symptoms at MayoClinic.org . Whiplash and Other Soft Tissue Injuries Soft tissue injuries may have few symptoms, especially when they first occur. It may take a day or two for the pain and discomfort of a whiplash injury to really set in. Some signs of a soft tissue injury may demand medical attention, but a car accident victim may dismiss as insignificant, include: Swelling; Bruising; Discoloration of skin at injury site; Muscle spasms; Muscle weakness; Limited mobility; and Pain. Post-Traumatic Stress Disorder and Other Emotional Disorders If you develop post-traumatic stress disorder (PTSD) or another emotional disorder following a car accident, it can be easy to dismiss the systems of these as “normal” or as “unrelated” to the crash. For example, feeling stressed about the claims process is standard. Being afraid to ever enter a car again, is not. And scary flashbacks are certainly not normal. You may dismiss symptoms like avoiding people or places, depression, lack of desire to do things you used to love, difficulty sleeping, feeling jumping, and being easily agitated. However, these symptoms could be indicative of something more serious that you should seek professional help for. Contact Our Long Beach Car Accident Attorneys After a Crash After a car crash in Long Beach or elsewhere, the most important thing that you should do is seek medical care. If you develop symptoms of a concussion, a soft tissue injury, or a psychological injury, do not hesitate to meet with a medical professional. Not all injuries are acute, traumatic, and obvious. Some injuries take the time to show themselves, but they are no less serious. At the offices of The Beliz Law Firm, our experienced Long Beach car accident attorneys want to help you recover the compensation award you deserve for all of your injuries. To learn more, contact us for a free consultation today.

Car Accidents

How Do You Handle a Back Injury After a Car Accident?

Jun 30, 2017 | By Michael Beliz | Read Time: 3 minutes

One of the most common areas of injury in a car accident is the back. Direct force may cause the injury. Or, the accident may snap the victim’s body in an unnatural position. Either way, the injuries are often serious. How you handle your back injury after a car accident will depend entirely on the extent of the injury. Some injuries may require taking it easier than normal (but never bed rest!) and mobility exercises. Others may require intensive surgeries and have permanent consequences, such as paralysis. In all cases, though, the following are smart steps to take if you have hurt your back in a crash– See a Doctor You should promptly see a doctor. Even if you’re back only hurts when in a certain position, you want to get checked out. Of course, if you need emergency attention, you will see a doctor immediately. Your doctor will diagnose your back injury using a variety of methods. These include physical examinations, x-rays, CT scans, MRIs, or other diagnostic tools. Go to Treatment Doctors usually prescribe the most conservative method possible to treat your back injuries. In many incidents, a doctor will first prescribe rest and pain medication. If the pains do not subside, the doctor may then send you to physical therapy or chiropractor. If the pains are more severe, your doctor may refer you out to an orthopedic or neurosurgeon. The specialist may need further diagnostic testing like an MRI of the cervical, thoracic or lumbar spines. The next most conservative treatment is a series of three epidural shots directly into the spine. The final type of treatment is surgery on the back. Follow Your Doctor’s Orders If your doctor recommends that you refrain from lifting heavy things for two weeks, do not go to the gym and attempt to deadlift. They may also suggest that you go to physical therapy twice a week Sign up and actually attend. Your doctor tells you that you can return to your daily activities as normal, but that you should pay attention to things that cause you pain. Follow these instructions closely and go back to the doctor if necessary. Not following your doctor’s orders is a bad idea for two reasons: First, your doctor is an expert. If you do not follow a prescribed treatment plan, your injury may not heal as fast as it would otherwise. Second, it can cause problems with your claim. The adjuster may argue that your injuries have worsened or failed to heal as a result of your own negligence. File a Claim and/or Lawsuit It is important that you notify the other person’s insurance company about the accident as soon as possible. You want to open your claim right away. A demand letter states why you deserve compensation. You need to serve this to the other person’s insurance company. It must include details about your back injury. And medical evidence should support your claim. Many back cases become very litigious due to the dispute of the causation of the injuries. Therefore, you may need to file a lawsuit in the court system so you may receive fair compensation for your injuries and pains. Hire an Attorney Your attorney can help you to gather the evidence that you need for pursuing a successful claim. They can write a demand letter to the insurance company and negotiate for a settlement amount. Working with an attorney improves your chances of recovering your maximum compensation award. At The Beliz Law Firm, our knowledgeable Long Beach car accident attorneys have experience handling back injury claims. We care about helping you to get the money you deserve after a crash. Whether your back injury is severe and expected to affect you for the rest of your life, or just serious enough to cause you pain and impair you from doing household chores for a short amount of time, we can help.

Car Accidents

How To Reject an Insurance Offer for a Car Accident

Jun 14, 2017 | By Michael Beliz | Read Time: 3 minutes

Getting help as soon as possible is important after a car crash. Personal injury lawyer Michael Beliz provides free consultations. Reach out today if you need help. Should I Accept the Insurance Company’s Settlement Offer? If you have been in a car accident and followed the proper procedures for filing a claim, then the next step is waiting for the car insurance adjuster to offer you a settlement. Settlement offers offer compensation for your injuries and damages. They also “settle” or “end” your claim. By accepting the settlement, you also release the insurer and driver from further liability. Most people assume they have no option but to accept an insurance company’s offer. Even if they think that it is lower than they deserve, they feel pressure to accept. However, this is not the case. In fact, rejecting the first settlement offer almost always happens. Here is what you need to know about how to reject an insurance settlement offer for a car accident– Step One: Determine What Your Accident Is Worth When you make a claim through the other party’s insurance company, you should know the claim’s value. If you have not met with a legal professional who can help you determine the value of your claim, now is the time to do so. You and your attorney should work together to determine the amount of compensation that you are willing to accept. To find this, you should calculate: Past and Future medical expenses; Lost wages and lost of earning capacity; Property damage; and Noneconomic damages (e.g. pain and suffering damages) you have suffered. Step Two: Make a Demand for Compensation in Writing You want to put all the details of the your accident and your losses in a writing. This writing is a Demand Letter, and should include the following: How the accident took occurred; Reason why the insurance driver is negligent for the accident; A summary of your damages; and Your demand amount. In addition to a Demand Letter, you want to put together a Demand Package. A Demand Package consists of documents to make your claim stronger. The documents should include the following: Traffic Collision Report; your medical records and bills; loss of earning receipts; and photos of the accident scene and your injuries. The point of the Demand Letter and Package is to persuade the other person’s insurance company to compensate you for your injuries. Step Three: Negotiate After the insurance adjuster receives your Demand Letter and Demand Package, they will likely contact you by either phone or mail. The insurance adjuster will accept the demand, reject the demand, or offer you a compensation amount lower than your demand amount. This is when the negotiations process begins. This is where you need to understand and know the value of your claim. When negotiating, you will always want to start out high since you will probably have to compromise and lower your demand during talks with the insurance company. You also need to know the minimum amount you will accept. Negotiations may last days, weeks, or even months. It depends upon the nature of your case and how much you are seeking. If you cannot reach a settlement agreement, you may have to engage in mediations with a third party. Finally, you may have to file a lawsuit and take your case to court. Again, you should work with an attorney during the negotiations process. An experienced attorney will bring negotiation skills to the table. They will represent you and speak on your behalf during the process. Our Law Firm Can Help You Reject a Low Settlement Offer It is common to receive a settlement offer that is lower than you expect. But you don’t have to accept that first settlement offer from the insurance company. Our law firm can help you to reject this offer and negotiate for one that matches the extent of your losses. Long Beach car accident lawyer Michael Beliz is ready to talk. Call us today at (562)452-3772 to schedule your free consultation.

Car Accidents

How Does Compensation Work for a Shared Liability Car Accident in California?

May 15, 2017 | By Michael Beliz | Read Time: 4 minutes

In California, the at-fault party for an auto accident is responsible for damages. The theory is straightforward in concept. However, it often becomes far more complicated in reality. There are many confounding factors that can make car accident liability difficult to calculate and assign. For example, what happens when two or more drivers share blame for the same crash? Here, our Long Beach car accident lawyers will discuss this issue and explain California’s comparative fault rules. California is a Pure Comparative Negligence State The History Prior to 1975, liability for California car accidents was assigned under an ‘all or nothing’ standard of contributory negligence. If a car accident victim was responsible for even a small part of their own crash, they could not pursue recovery. In the case of Li v. Yellow Cab Co., the Supreme Court of California issued the decision that dropped the ‘all or nothing’ standard. The Court replaced the old rules for pure comparative fault rules. Comparative Negligence Explained Negligence is the failure to take due care in the course of action. A driver can be negligent for many different reasons, from speeding to distraction. If a driver’s negligence contributed to a crash, then that driver is at least partially liable for the resulting damages or injuries. This is where comparative negligence rules come into play. California’s comparative negligence standard states that the percentage of fault defines liability. For example, imagine that two drivers collided in an accident on Interstate 405. In total, the crash caused $100,000 of damage. After assessing the case, a Jury finds one driver at-fault for 90 percent of the accident. The second driver is responsible for the remaining 10 percent. In this circumstance, the first driver would be liable for $90,000 worth of damages. The other driver is responsible for the remaining $10,000. Shared Liability Examples Shared fault in an accident is incredibly common. In fact, it could be argued that most accidents involve some degree of proportional responsibility. Here are some examples of accidents that are caused by the fault of two parties: Four-way stop crash Consider a situation in which two drivers arrive at a four-way stop at the same time. One driver intends to pass straight through the intersection; the other is planning on making a left-hand turn. Rather than waiting to see which driver is going to proceed or yielding the right of way, both drivers immediately proceed through the intersection. Another example is a crash in which both drivers actually signal to the other driver to proceed, and in the confusion, both proceed and hit each other. Distracted driving and speeding crash Consider a crash in which a texting driver fails to signal before changing lanes, side-swiping the vehicle to its right. The driver in the side-swiped vehicle suffers serious injuries. Initially, it would appear that the texting driver is wholly to blame. However, a review of the evidence unveils that the side-swiped driver was traveling much too fast at the time of the accident – 15 miles per hour over the speed limit. As such, both drivers may be found comparatively negligent for the damages that resulted from the crash. Pedestrian and distracted driver crash The notion that the pedestrian ‘always has the right of way’ is untrue; drivers often have the right of way (although most drivers will yield if not doing so means hitting a pedestrian). Consider a situation in which a driver is proceeding through an intersection, and takes a moment to look down at an incoming text. At exactly that moment, the pedestrian may not have the right of way steps off the curb, directly into the driver’s path. Even though the driver had the right of way, they breached their duty to others on the road by driving while distracted, meaning both parties could be to blame. Compensation for a Shared Liability Accident Apportionment of liability becomes extremely important in shared fault auto accident claims. If you are assigned even a few extra percentage points of the blame for a wreck, you could lose thousands of dollar of compensation. Do not let this happen to you. You need to protect yourself and your family. Contact an aggressive car accident attorney after a serious car accident. Especially if the other party disputes liability. Your attorney will review the specific facts of your case. Then they’ll determine what to do to protect you from an unjust share of the blame. What if I Disagree with a Fault Determination in a Shared Liability Car Accident? It’s very possible that the insurance adjuster(s) responsible for investigating your case may reach a conclusion about the fault that you do not agree with and therefore offer you a settlement that is reflective of your supposed proportional fault that you do not think is fair. When this is the case, you have the right to reject a settlement offer and renegotiate your compensation award. You also have the right to reject the settlement and file a lawsuit for compensation. However, keep in mind that if your case goes to trial, you will need strong evidence in your favor in order for a court to side with you to overcome the defense’s point of view based on their investigation. Our law firm strongly urges you to hire an experienced car accident settlements lawyer if you have not already done so at the point in the process when you are considering going to trial. Speak to the Top-Rated California Car Accident Attorney The Beliz Law Firm has experience handling California accident claims. This includes complex cases involving shared liability. If another driver injured you in a crash, you deserve help. Our lawyer will do as much as possible to help you understand what has shared liability and to maximize the amount of compensation you receive by proving the fault of the other party to the greatest degree possible. Please call our Long Beach office today at (562) 452-3772. Schedule your free, no-obligation initial case evaluation.

Car Accidents

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