Personal Injury Archives - The Beliz Law Firm

Loss of Consortium in California: What to Know

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

When a loved one suffers a severe injury, the emotional and practical repercussions extend far beyond the immediate physical effects. In California, if your spouse or registered domestic partner has sustained injuries due to someone else’s negligence, you may have the right to seek compensation not just for the medical bills and lost wages but also for the loss of companionship, affection, and support. Loss of consortium in California recognizes an injury’s profound impact on a marriage’s intimate, personal aspects. In this post, we’ll explore what you need to know about pursuing a loss of consortium claim—from understanding the legal definitions and eligibility requirements to proving your claim and calculating potential damages. Whether you are newly navigating these waters or seeking further clarification, our guide aims to provide clear and empathetic insights into how you can seek justice for the emotional and support-related losses you have endured. What Is a Loss of Consortium Claim? Loss of consortium as defined in California’s Civil Jury Instructions 3920 references the deprivation of the benefits of a specific type of familial relationship due to injuries caused by another party. This loss includes the loss of love, comfort, companionship, affection, solace, moral support, and, in some cases, the loss of the ability to have children or the sexual relationship between spouses. In California, the law recognizes these aspects. Although intangible and non-economic, they are invaluable to the quality of life and, thus, are compensable. The emotional toll on a spouse who must now cope with both the immediate and long-term implications of their partner’s injury cannot be understated. Loss of consortium goes beyond financial hardship; it encompasses the profound emotional and psychological distress experienced when the dynamic of a marital relationship is fundamentally altered. Who Can Bring a Loss of Consortium Claim in California? Only some people can legally file a loss of consortium claim in California. The right is reserved primarily for the uninjured spouse of someone directly harmed by another’s negligence or wrongful act. There must be a legally recognized marriage or, in some cases, a registered domestic partnership where the partners live together. It is crucial that the marriage or partnership existed legally at the time of the injury. Merely dating or being related in a way that is not marital would not qualify. Further, the spouse’s injury must be serious and significantly impact the couple’s relationship. Minor injuries with little to no long-lasting effects on the marital relationship typically do not qualify for loss of consortium damages. Proving Loss of Consortium Proving a loss of consortium claim in California requires clear and compelling evidence demonstrating the negative impact on the marital relationship. Key elements include proving the: Evidence often involves: Photographs, videos, and personal diaries can also be instrumental in showing the quality of life and the couple’s interaction before the accident. The uninjured spouse may need to discuss intimate details of their marital life to convey the depth of their loss, which can include changes in affection, support, companionship, and even day-to-day interaction. This evidence helps paint a vivid picture of the loss and its profound effects on the uninjured spouse. Calculating Loss of Consortium Damages Determining the amount of compensation for loss of consortium damages can be complex due to the subjective nature of the losses involved. In California, juries and judges consider several factors when assessing these damages at trial, including the stability and closeness of the marriage, the living arrangements before and after the injury, and the life expectancy of both spouses. These factors help to measure the extent of loss and translate it into a monetary value. Economic experts may be employed to provide testimony on the loss’s impact on the spouse’s quality of life and future projections of this loss. While there is no fixed formula, the compensation typically reflects the severity of the injury and its long-term effects on the marital relationship. Have a Loss of Consortium Claim in California? Contact The Beliz Law Firm Understanding the intricacies of loss of consortium in California is crucial in advocating for the compensation you rightfully deserve. If you are grappling with the effects of an injury that has disrupted your relationship with your spouse, it’s important to seek legal advice.At The Beliz Law Firm, we’re dedicated to helping you through these challenging times with empathy. Our team has years of experience with loss of consortium claims and is well-equipped to guide you every step of the way. Don’t try to pursue a loss of consortium claim alone. Contact The Beliz Law Firm today for a consultation, and let us help you secure the compensation you need to begin the process of emotional and financial recovery.

Personal Injury

What Are Common Deposition Questions for an Auto Accident Lawsuit?

Mar 28, 2024 | By Michael Beliz | Read Time: 3 minutes

Most car accident claims settle without ever going to court. However, when parties cannot come to a fair settlement, a claimant may file an auto accident lawsuit to get the compensation amount they deserve. When they file suit, depositions will ensue and your personal injury lawyer will be able to interview the defendant. It is also likely that opposing counsel will interview you as well. The following considers what a deposition is, and what some common deposition questions are during an auto accident lawsuit. What Is an Auto Accident Deposition? Depositions are one of the tools that lawyers use during the discovery – or investigative – process of a lawsuit to gain information. Simply put, depositions are oral statements given by parties under oath, and deposing a person is the act of the lawyer asking the person questions. In an official deposition during the car accident lawsuit process, the deposition is recorded, and all persons questioned are required to answer truthfully. Multiple parties, including the plaintiff and the defendant, as well as any medical providers and witnesses, may be deposed. Sample Deposition Questions for the Defendant in Car Accident Cases Your car accident lawyer will be responsible for deposing the defendant, the person against whom you are filing a car accident lawsuit. In addition to several background questions, such as the defendant’s name and address, your attorney will probably ask: The list of questions goes on and on, and will vary significantly depending upon the details of your crash. Your lawyer’s goal is to secure facts for an admission of fault from the defendant in order to prove negligence and strengthen your case. Sample Deposition Questions for the Plaintiff in Car Accident Cases You will also be deposed during the car accident process. Just like your lawyer will try to secure an admission of liability from the defendant, the legal representation for the defense will try to gain information to lessen their scope for fault and damages for your injuries. For this reason, it is very important that you are careful in what you say, do not provide more information that you are asked, and are prepared for even the most difficult of questions. Some common deposition questions include: Engage the Experienced Long Beach Auto Accident Attorney In addition to deposing the defendant, and being deposed yourself by the defendant’s lawyer, you should also consider deposing key witnesses and experts. Witnesses may be key to prove the defendant is at fault for the car crash and to strengthen your pain and suffering claim. Experts can make opinions on how your body moved due to the impact of the crash and future medical needs. Luckily, when you work with the experienced auto accident lawyers at the Beliz Law Firm, we will handle all aspects of the deposition for you, and help you to prepare for the defense’s questions. Contact us today for your free consultation and information.

Personal Injury

How Much Is the Average Settlement for a Back Injury in California?

Oct 13, 2023 | By Michael Beliz | Read Time: 4 minutes

How much is the average settlement for a back injury in California?The truth is that there really is no accurate back injury settlement because of how many variables are involved in determining the compensation you deserve. These variable consist of the type of accident, the severity of the injury, who was at fault, insurance policy limits, and more. Your best option is to contact an attorney to discuss you specific case to get a better idea the average payout for your back injury. Many different types of accidents can result in back injuries, which can be painful and debilitating. One of the questions we often get is, How much is the average settlement for a back injury? Although it is not the answer most people want to hear, the truth is that it is difficult to accurately determine the average payout for a back injury from a car accident, work incident, slip and fall, or any other type of accident. The value of a back injury depends on the strength of the liability, the severity of the injuries, and the size of the insurance policy. However, upon speaking with an experienced attorney and discussing the specific factors and circumstances surrounding your back injury, you may better understand what you might expect in a settlement or award. Factors Impacting Average Back Injury Settlements The average payout for a back injury at work or elsewhere can vary significantly. Because of the severity and complexity of many back injuries, it is common to see six- and even seven-figure payouts. Remember, every case is unique and presents facts and circumstances that will influence the exact settlement or jury award. Factors that may impact your settlement or award include: Contact the Beliz Law Firm to discuss the specifics of your case. We can help you assess each factor and how it might affect your potential settlement. What Is the Average Payout for a Back Injury? While many factors play a role in determining the payout for a back injury victim, one significant factor significantly influences the outcome: whether surgery is necessary. A back injury settlement with surgery vs. one without surgery can differ drastically. Any back injury can be life-altering and require significant medical intervention. Typically, the more severe the injury, the more damages you will be entitled to. It is undoubtedly challenging to calculate average back injury settlements. However, a reliable indicator of what your case may be worth is whether your back injury requires surgery. Back Injury Settlements with Surgery Back injuries requiring surgery are typically severe and unlikely to resolve independently. Individuals necessitating back surgery are more likely to end up with a higher settlement because their economic damages (e.g., reimbursement for medical expenses), which are intended to cover the cost of any medical treatment, including surgery, will be higher. Surgery, and the rehabilitation and therapy that come after, will significantly increase an individual’s medical expenses. Back injuries requiring surgical repair are also more likely to increase other economic and noneconomic damages because of the extended recovery period. Extensive recovery might mean you will be unable to work for a long period of time, resulting in lost wages. It can also mean you cannot participate in your normal daily activities, leading to pain and suffering, emotional distress, and loss of enjoyment of life. Settlements Without Back Surgery While victims requiring surgery might see a higher settlement, surgery is generally a last resort option and should not be taken lightly. Your doctors and medical team will advise you on the best action for your injury and situation. Usually, a doctor will prescribe non-invasive treatments first to avoid surgery. While back injury settlements that do not require surgical repair tend to be overall lower than those requiring surgery, it does not mean you will not be entitled to significant compensation. In fact, some non-surgical treatment options can cost just as much as surgical repair. Every person and injury is unique, and what may be minor to one person could be catastrophic in another’s life, leading to a hefty settlement. Types of Back Injuries Many types of back injuries can result from a car or work accident, all with varying degrees of severity. Some are minor and will resolve with little to no medical intervention, while others are severe and permanent and can significantly impact your life. Common back injuries include: Depending on the accident, it is possible to suffer from more than a back injury. Regardless of circumstances, you should always receive medical treatment, follow doctors’ orders, and seek legal guidance to identify your options. Maximize Your Back Injury Settlement – Contact The Beliz Law Firm At The Beliz Law Firm, we have helped back injury victims recover millions of dollars. Here, we provide one-on-one attention to every client to ensure they receive the best possible outcome. Contact us today to schedule a no-cost, no-obligation consultation.

Personal Injury

What Should You Do After an Accident with a DoorDash, Postmates, or Other Delivery Driver?

Jul 29, 2021 | By Michael Beliz | Read Time: 4 minutes

Over the past year, people have relied on delivery services like DoorDash, Postmates, and others. The convenience of these services is undeniable, and they help millions of Americans put food on the table. However, more delivery drivers on the road might lead to more occupational accidents. With delivery drivers rushing from one order to the next, they don’t always drive cautiously. Unfortunately, people are injured and killed by negligent delivery drivers each year. If you were injured in an accident with a delivery driver, what should you do? Here, we explain steps you should take to recover compensation for your injuries. If you need assistance, please contact The Beliz Law Firm for a free consultation. Five Steps to Take After an Occupational Accident with a Delivery Driver Pedestrians, passengers, and drivers can be severely injured in delivery accidents. If you are involved in a delivery occupational accident, you should take these steps. Call Emergency Responders Immediately after the accident, you should call for emergency responders. Stay at the accident scene, moving to a safe place, and wait for help to arrive. Seek Medical Treatment Your first priority should be to get treatment for urgent injuries. Allow paramedics to transport you to an emergency room if necessary. If your injuries are not urgent, seek medical treatment soon after the accident. If you delay getting treatment for your injuries, an insurance company might claim that you got hurt after the accident. File an Accident Report Respond to police questions about the wreck, and ask them to file an accident report. Make sure police record your version of accident events. Gather Evidence If you don’t require immediate medical treatment, you should gather accident evidence: Take photos of the driver’s license and insurance information; Take photos of the damage to vehicles; and Get witnesses’ names and contact information. Don’t delay medical treatment to collect evidence. If you need medical care, ask a friend or your accident lawyer to obtain evidence for you. Call a Lawyer If you’re worried about paying medical bills or negotiating with the insurance company, an accident lawyer can help. Most accident lawyers offer a free consultation, so you can call or message them without worrying about a fee. Where Should You File a Claim? You should file an insurance claim with the responsible party’s insurer. This requires determining fault for the accident. You might file with several insurers, depending on who caused the accident. File with Another Driver’s Insurance If another driver caused the accident, you can file with their insurance. In California, drivers are required to carry the following minimum liability insurance: $15,000 for injury or death to one person; $30,000 for the injuries or death of multiple people; and $5,000 for property damage. Of course, not all drivers carry the required insurance. Though California provides one of the lowest minimums for liability insurance coverage in the nation, 15% of California drivers are still uninsured. File with Your Uninsured Motorist Insurance If you carry uninsured or underinsured motorist coverage, your insurance policy may pay for your property damage and medical bills. This optional insurance coverage protects you when your accident expenses are higher than the limits set by the other driver’s insurance policy. File with the Delivery Driver’s Insurance If the delivery driver was not working at the time of the accident, you can file against their personal auto insurance policy. In fact, delivery drivers may have their own commercial insurance policies that provide extra coverage. A driver’s personal insurance may not pay if the driver was driving to or from a delivery. File with the Delivery Company’s Insurance If the driver was working for a delivery company at the time of the accident, you can file against the delivery company’s insurance. This option probably provides the most lucrative settlement potential because DoorDash insurance and Postmates insurance is substantial. How Much Will Delivery Companies Pay for an Occupational Accident? Delivery companies know their drivers get in many accidents, so companies carry large insurance policies. DoorDash Insurance Coverage DoorDash made 45% of all to-go food deliveries in 2020. This huge share of the market comes at a cost, since DoorDash drivers experience many auto accidents each year. When a driver crashes while making a delivery, DoorDash insurance covers up to $1 million in medical expenses and property repair. Postmates Insurance Coverage Postmates, which was recently acquired by Uber Eats, completes five million deliveries each month. Postmates provides insurance coverage of $1 million for medical expenses and property damage in an accident that occurs while a driver is making a delivery. Both companies’ excess policies kick in after an accident victim has exhausted the driver’s personal policy limits. When Do You Need an Accident Attorney? If figuring out where to file an insurance claim after a delivery accident sounds complicated, that’s because it is. Insurers will try to deflect and deny your claim any way they can, and that often means multiple insurers will try to shift responsibility to another party. This can feel frustrating when you’re trying to recover from accident injuries, pay medical bills, and afford basic living expenses. An accident lawyer can cut through the blame-shifting antics of insurance companies and make the responsible party pay your expenses. An attorney can also investigate your accident, handle insurance paperwork, and negotiate with the insurer for your highest possible settlement. Contact an Experienced Accident Attorney If you need help with your insurance claim against a delivery company, contact The Beliz Law Firm. Attorney Michael A. Beliz knows the risks that delivery drivers present on California roadways. He has helped accident victims get the compensation they deserve for 15 years, winning victims collective millions of dollars. If you would like to speak with Michael about your accident experience, contact him for a free consultation. You can discuss the accident and learn your legal options. If you choose to hire Michael, you’ll pay nothing until he settles or wins your case.

Personal Injury

Do I Need a Lawyer to File an Uber Accident Claim?

Jul 29, 2021 | By Michael Beliz | Read Time: 4 minutes

Ridesharing has skyrocketed in recent years. Companies like Uber and Lyft provide convenient, affordable transportation to millions of people every day. However, these rides aren’t always safe. Each year, Uber drivers are involved in accidents that injure or kill passengers. Researchers found that when large US cities introduced ride-hailing services, traffic fatalities increased by up to 3%. This fatality increase occurs at all times of travel, including weekdays and weekends, daytime and night. If you were injured in an Uber accident, you should be able to recover compensation. To file an Uber claim, you may need the help of an attorney. This article will explain where you could file an Uber claim and when you should consult an attorney. Where Do You File an Uber Insurance Claim? You have several potential options for filing an Uber insurance claim. The insurance company responsible for paying you depends on who caused the accident. File with Another Driver’s Insurance If another driver caused the accident with an Uber, file a claim with their insurance company. For instance, if a truck runs a stoplight and crashes into your Uber, file a claim with the truck driver’s insurance. File with the Uber Driver’s Insurance If the Uber driver was off-duty when the accident happened, you can file with their personal auto insurance. Uber drivers are independent contractors, which means that they are not considered employees of the company. So their personal insurance may foot the bill. However, an Uber driver’s personal insurance might not pay if they think the accident is work-related. File with Uber’s Insurance If the Uber driver caused the accident while working, you can file a claim with Uber’s insurance company. Whether Uber’s insurance will pay depends on whether your driver was working at the time of the accident. If the driver was not transporting a passenger, Uber’s insurance may not pay. The amount of coverage available depends on what the driver was doing at the time of the accident. Driver without passengers If the driver was actively “for hire” but had no passengers, Uber provides insurance coverage of up to: $50,000 per person for injuries; $100,000 per accident for injuries; and $25,000 per accident for property damage. In this situation, you would file with the driver’s personal insurance first, and then Uber’s insurance would pick up any excess. Driver with passengers If the driver had passengers or was on the way to pick up a rider, Uber provides insurance coverage of up to $1 million per accident. Note that insurance coverage amounts per accident are shared by all injured parties. That means that if you were injured by an Uber, file a claim quickly before other injured victims claim all the available insurance funds. Uber driver injuries California’s Prop 22 gives Uber drivers extra accident protection. If you were injured while working for Uber in California, you can get: Up to $1,324 in weekly disability payments; and Up to $1 million in medical expenses. If your loved one was killed while driving for Uber in California, you can file a survivor claim on Uber’s insurance for up to $320,000. File with Your Own Auto Insurance You may also be able to file with your own auto insurance company on underinsured motorist coverage. Some California drivers add optional coverage for collisions with uninsured or underinsured drivers. If you have this coverage, your insurance company may pay medical bills that exceed the other driver’s policy limits. It can be confusing to know which insurance company is responsible for your medical bills. When multiple insurance companies try to avoid paying you, a skilled attorney can sort through the stall tactics to get you the money you need. How Much Money Can You Get for an Uber Accident Claim? When you file an Uber claim, you want fair compensation for the harm you suffered. How much money will you get? That’s hard to estimate without knowing the specifics of your experience. Settlement amounts for an Uber accident claim depend on things like: The extent of your injuries; Property damage; Whether you contributed to the accident; Whether your injuries prevent you from working; and Whether your injuries impact your life. Proving that you suffered extensive harm from your accident requires evidence. You should bring any medical report, accident photos, bills, and other relevant documents when you meet with an attorney. If you need more evidence to back your Uber insurance claim, the law firm investigators can look for it. Should You Hire an Attorney for an Uber Accident Claim? When you attempt to negotiate a settlement with a big company like Uber, they have the advantage. Uber drivers get into lots of accidents, so the company’s insurer routinely negotiates settlements with victims. The insurance company may attempt to protect its profits by offering accident victims unfair compensation. However, you may not know how to fight a big corporation on your own. The settlement process can be intimidating, especially when you’re seriously injured. You can give yourself an advantage by hiring a knowledgeable car accident attorney. An attorney can investigate your accident, calculate fair damages, and negotiate with Uber for every dollar you deserve. Contact an Experienced Accident Attorney About Your Uber Claim If you were involved in an Uber accident, you should contact an experienced accident attorney. An honest attorney will advise you on what your claim is worth, explain the accident claim process, and help you pursue maximum compensation. At The Beliz Law Firm, we’ve helped California accident victims get millions of dollars over the past decade. Attorney Michael A. Beliz provides passionate, personalized representation as he seeks the best financial outcome for each client. Contact Michael for a free consultation, and start pursuing maximum compensation for your Uber accident.

Personal Injury

Filing a Claim After a Lyft Accident

Jul 29, 2021 | By Michael Beliz | Read Time: 4 minutes

Rideshare companies like Uber and Lyft have revolutionized the way people get around in the 21st century. Cities with limited public transportation options and scarce local taxi services are now accessible thanks to a simple application download on a smartphone. Even during the age of COVID-19, people still use rideshare apps to get around, while drivers can earn some extra cash for the family. But like any other vehicles, rideshare cars get into accidents. With extra concerns like company liability and multiple insurance carriers, an accident victim may not know what to do. Here’s a short guide to Lyft car accidents, and what to do if you are involved in one. What Is Lyft, and How Does It Work? Lyft is one of the most popular and successful rideshare applications on the market today. A customer downloads the company’s application on their smartphone, enters their name and payment information, and then is ready to ride. The GPS function on your phone alerts nearby drivers that someone needs a ride, and once the driver confirms the trip, they are on their way to pick you up. Once the trip is complete, all payments are done electronically and the driver can move on to the next rider. Unlike taxi drivers, a Lyft driver uses their own vehicle. This means that it doubles both as a personal vehicle and a work vehicle, which can create real complications if they get into an accident. Lyft Employment Status While most rideshare companies do obviously have full-time employees, none of these are actually their drivers. On Lyft’s website they clearly assert that “drivers are classified as independent contractors, and aren’t employees of Lyft.” All drivers must take information from their IRS 1099 and file their own taxes. This is a move that Lyft and Uber use to cut down on costs. Full-time employees must be provided certain benefits by law, so Lyft gets around this by calling all drivers independent contractors. Most of the time, an “employee” is covered by their employer’s insurance policy when they are out doing business for the company. Independent contractors are generally not covered by these policies. But when your business is giving rides, rideshare companies can’t use this excuse to avoid paying insurance. Therefore, companies like Lyft have a special hybrid policy. Their drivers will primarily be on the hook for accident damages backed by Lyft’s additional coverage. Lyft’s Insurance Requirements All Lyft drivers are required by the company to have a personal auto insurance policy that meets minimum state coverage requirements. The driver’s policy is in use any time they have the application off and are out doing personal things, like picking up the kids or buying groceries. Lyft also provides third-party insurance coverage for drivers during two specific situations. Application On, Driver Waiting for a Passenger When a driver wants to go “on duty,” all they have to do is open the Lyft app and signal they are available to pick up passengers. When the app is on and they are waiting, they can be covered by Lyft’s policy if their personal insurance won’t cover rideshare activities. The policy limits are: $50,000/person for bodily injury, $100,000/accident for bodily injury, and $25,000/accident for property damage. This coverage is available to compensate you if a Lyft driver causes an accident. Application On, Transporting or In-Transit to Passenger When the driver is actually engaged transporting a passenger or on the way to pick one up, Lyft provides insurance for covered accidents: $1,000,000 for third-party auto liability, Uninsured/underinsured motorist bodily injury coverage, and Contingent comprehensive & collision up to the actual cash value of the car ($2,500 deductible). Your attorney can help you determine which policy limits might apply to your claim. Who Is Liable for Damages in a Lyft Accident? If you are looking to file a personal injury claim, you might be confused as to whose insurance will cover the accident. Because their drivers are independent contractors, this means that the company will usually not be liable for the negligent actions of their drivers. Even if the accident was entirely the Lyft driver’s fault, you will not be able to sue Lyft directly. The most common approach to Lyft accident claims is to first file a claim on the driver’s personal policy if they were off-duty or their personal policy covers the “application on, waiting for a passenger” status. But if a Lyft driver is in transit with a passenger at the time of the accident, the situation is different. Here, the driver is covered by Lyft’s primary liability insurance. If a Lyft driver causes a car accident while they are carrying a passenger, this kind of coverage should be available to passengers and those injured in the other vehicle. Injured in a Lyft Driver Car Accident? The Beliz Law Firm Can Help! If you were injured in an accident with a Lyft or other rideshare vehicle, we know the aftermath is stressful. After California failed to pass rideshare reform laws, it is more important than ever to seek a personal injury attorney in these situations. At the Beliz Law Firm, we can help you navigate the complicated process of figuring out where to file your claim, whom you can sue for damages, and more. Attorney Michael Beliz has over a decade of experience with personal injury cases in Long Beach, Riverside, and other cities in and around Orange County and has a proven track record of successful outcomes for his clients. Call 562-452-3772 or visit our website to schedule a free case evaluation today!

Personal Injury

How to Get Your Long Beach Car Accident Report

Feb 1, 2019 | By Michael Beliz | Read Time: 2 minutes

Have you been involved in a Long Beach accident? If so, it’s important to request a copy of your accident report. The responding police officer fills out this document which contains all the details related to your accident. The report is useful for legal purposes, ensuring you get the most compensation for your losses. Getting your Accident Report In-Person According to the official Long Beach website, you can request your report in-person. You must fill out an application for release of traffic collision report information and bring it to the Long Beach Police Department: Long Beach Police Department 400 West Broadway Long Beach, CA 90802 Get Directions The Records Inquiry Desk is open Monday through Friday, 7:00am – 7:00pm, and Saturday, from 9:00am – 1:00pm. The front is closed on the last Saturday of each month. Let The Beliz Law Firm Help Get a Copy of Your Long Beach Car Accident Report Submit your information below about the details of your accident in Long Beach and we will will contact you to go over the details of what happened. Getting Your Accident Report by Mail You may request a copy of your collision report by sending a completed request form in a self-addressed, stamped envelope to the Long Beach Police Department: Long Beach Police Department 400 West Broadway Long Beach, CA 90802 ATTN: RECORDS DIVISION Additional Information about Accident Report Requests The Long Beach Police Department does not charge a request fee for accident victims. The average processing time for reports is around 3 weeks. If you decide to request your report in-person, you must present your valid government-issued ID to the desk clerk for verification. If you submit your request via mail, make sure to include a photocopy of your ID. If you have any questions or concerns, you may call the 24/7 Long Beach Records Division at (562) 570-7381. Contact A California Personal Injury Lawyer If you’ve been injured in a car crash, you should contact a car accident legal expert for guidance. Our experienced attorneys can help you with the next steps. Contact us today for a free case evaluation.

Car Accidents

What are the Laws in California Regarding a Pedestrian Hit by a Car?

Oct 23, 2018 | By Michael Beliz | Read Time: 3 minutes

It’s dangerous out there being a pedestrian. Not only do you have to worry about California’s crumbling sidewalks, but distracted and aggressive motorists show very little respect for pedestrians. According to one source, pedestrian deaths account for 22% of all traffic fatalities, so it important that pedestrians protect themselves. At the Beliz Law Firm, we receive a common question: “I got hit by a car while crossing the street. What are my rights?” In this post, we will explain how the law protects pedestrians in California and what to do after a collision. Hitting a Pedestrian in a Crosswalk All motorists must operate their vehicles with sufficient care. This does not mean that they must be perfect, but they must use due care so as not to injure anyone—including pedestrians. When drivers fail to be sufficiently careful, they are negligent and legally responsible for the injuries they cause. Examples of negligence include: Failing to stop Running a red light Trying to scoot around a pedestrian Distracted driving, such as texting or talking on the phone while driving Backing up without checking in the rearview mirror California Vehicle Code § 21950 confirms that both pedestrians and motorists owe each other a duty of care. The code specifically states that motorists who are approaching a pedestrian in any marked or unmarked crosswalk must slow down their vehicle and take any other action necessary to avoid hitting a pedestrian. However, the Code also says that pedestrians must not rush in front of a vehicle so that they create a hazard. Pedestrians also cannot delay traffic while in the crosswalk. If a driver fails to operate their vehicle carefully, and they injure a pedestrian, then the pedestrian can sue the driver for compensation. However, if the pedestrian did not exercise care, they might not have a lawsuit. Use Common Sense Pedestrians and motorists can protect everyone’s safety by using common sense and not being in a rush to get somewhere. Simply wait for vehicles or pedestrians to get through the crosswalk before heading across. The California Driver Handbook implores pedestrians and motorists to exhibit courtesy to each other, which will reduce the chances of an accident. Of course, some accidents are unavoidable, and pedestrians should do everything possible to protect their right to compensation. For example, you should do the following after getting struck: Contact emergency services to have an ambulance come out. Take pictures of anything, such as damage to the car that hit you, or the area where you landed. If you are in extreme pain, ask someone else to take these pictures with their camera. Contact the police to come out to the accident and write up a police report. These reports will contain important information. Identify any witnesses to the collision. Get their names and contact information. Promptly seek medical attention. The more information you find, the greater your case for compensation. If you are too injured to collect anything, then ask for help or have your lawyer look for this information as soon as possible. Contact Us Today If you are a pedestrian hit by a car, laws in California protect you. These laws allow injured pedestrians to hold negligent drivers accountable when they negligently injure other people. At the Beliz Law Firm, we meet with many people who have suffered devastating injuries in pedestrian crashes, such as traumatic brain injuries, spinal cord injuries, broken bones, and permanent nerve damage. We know how stressful it is to be in pain and possibly unable to work. To speak with an attorney, please reach out to us today. One of our pedestrian accident lawyers can meet with you to discuss your case. Avoid delay. California law gives injured pedestrians a short amount of time to request compensation after a crash.

Car Accidents

Seat Belt Laws in California

Oct 20, 2018 | By Michael Beliz | Read Time: 3 minutes

Seat belts save lives. This simple fact is the reason that every passenger in a car in California must wear a seat belt, even when riding in the back seat. The California seat belt law is found in the Motor Vehicle Code § 27315 and is strictly enforced. Seat Belts are Required Under the California seatbelt law, no person can operate a vehicle on a highway unless the driver and all passengers aged 16 or older are wearing a safety belt. This law applies to passengers riding in the front seat as well as in the back. At a minimum, the seat belt should be a lap belt that crosses at the hips and upper thighs. If there is an upper portion to the belt, then it should cross the chest. The motor vehicle owner also must make sure to maintain that there are seat belts in the vehicle that works. This law also applies to anyone operating or owning a taxi. Penalties The seat belt law in California identifies the penalty that you will have to pay if the police pull you over and you are not wearing a belt: $20 fine for a first offense $50 fine for each subsequent offense Instead of paying the fine, you might be able to attend traffic school, where you will learn about traffic safety. Child Safety Seats Children have different safety needs, and for that reason, California has created separate seat belt requirements for children. Because restraints save lives, the state will require that you put your child in an appropriate car or booster seat. The type of seat you need will depend on several factors. Here are the details of the law: If your child is younger than 2, you should put them in a rear-facing seat unless the child is large for their age, e.g., 40+ pounds or 40+ inches tall. After age 2, they should be in a forward-facing safety seat. If your child is under age 8, then they must be secured in a booster or car seat located in the back seat. Children 8 or older, or any child that is 4’9” tall, can also be secured in a booster seat. If you choose not to use a booster seat, then but at a minimum,q the child must wear a safety belt. Children 16 or older must follow the seat belt law in California as described above. Some questions arise about when a child can move on from a car seat that has a five-point harness to a booster seat. California law does not lay out precisely when you should make this move. Instead, the state recommends that you take things slow. Graduating your child to a booster seat actually decreases the amount of restraint and safety they have, so California recommends that you keep your child in their current seat for as long as possible. California also provides some basic guidance: Your child is ready for a booster seat when they have surpassed the limits for a forward-facing harness, typically between 40 and 65 pounds. Children should stay in their booster seat until they are at least 4’9” tall and 8-12 years old. Remember that safety belts were designed for men around 165 pounds, so the belts are an awkward fit for smaller children. Seat Belts and Car Accidents California is a pure comparative negligence state. This means that the law recognizes that a car accident victim could have contributed to their accident or injuries. The victim can still sue, but their own negligence will reduce the amount of compensation they can receive. Under the state’s seat belt law, failure to wear a seat belt is not per se proof of negligence. This means the driver cannot point to your failure to wear a seat belt as automatically proving you were negligent. However, a jury can still use the fact that you were not wearing a seatbelt to find that you contributed to your injuries. For this reason, wearing a seatbelt not only protects you but protects your right to compensation in the event of a collision. Speak to a Long Beach Car Accident Lawyer At the Beliz Law Firm, we have helped countless accident victims get the compensation they deserve. Please reach out to us today for a free consultation. One of our Long Beach car accident lawyers will be happy to meet with you to discuss your case as well as your options for compensation. Call 562-452-3772.

Car Accidents

What Time of Day do Most Car Accidents Happen?

Oct 15, 2018 | By Michael Beliz | Read Time: 4 minutes

Car accidents can strike at any time. However, your chances of suffering an accident increase when there are more people on the road. For that reason, drivers should expect the most accidents to occur during rush hour traffic. And statistics bear this assumption out. According to the National Highway Traffic Safety Administration (NHTSA), the most dangerous time to drive on the road is during afternoon rush hour traffic. Read on for more information about when your risk of getting into an accident is elevated. A Closer Look at the Most Dangerous Time to Drive Avvo looked at Fatality Analysis Reporting System data, provided by the federal government and broke down the number of fatalities according to the time of day in 3-hour increments: 1:00 am to 3:59 am: 4,019 fatalities 4:00 am to 6:59 am: 3,520 fatalities 7:00 am to 9:59 am: 3,345 fatalities 10:00 am to 12:59 pm: 3,864 fatalities 1:00 pm to 3:59 pm: 5,273 fatalities 4:00 pm to 6:59 pm: 6,201 fatalities 7:00 pm to 9:59 pm: 6,067 fatalities 10:00 pm to 12:59 am: 4,829 fatalities One thing that jumps out is how safe the morning rush hour period is compared to driving home from work. For example, traffic fatalities early in the morning are very low. In fact, it seems that drivers are much more careful early in the morning. Indeed, fatalities are much lower in the 7:00 am to 9:59 am window than even in the 1:00 am to 3:59 am a window when fewer people should be on the road. This could mean driving skills decrease as the day goes on. Being drained from work may increase the chance of a serious accident while driving home. Finally, darkness and visibility may increase fatal vehicle collisions. The Most Dangerous Day to Drive According to the Insurance Institute for Highway Safety (IIHS), the most dangerous day to drive is the Fourth of July, based on a 2016 analysis. This should not be entirely surprising. As part of the festivities, many people enjoy far too much alcohol to drink, which impairs their driving ability. Also, because the weather on the Fourth is often hot, a driver will be even more impaired. With so many vehicles on the road, even sober drivers can become frustrated and engage in dangerous driving. Based on the same 2016 analysis, the other most dangerous days to drive include: January 1 September 18 August 2 August 27 July 5 October 2 Of the seven days of the week, Saturday is the most dangerous according to NHTSA. Actually, the weekend is when the most fatal accidents occur. Less traffic with higher speeds may be the reason for the higher numbers. Conversely, the safest day to be on the road is Tuesday. (Interactive Map) In 2016, the number of car crash-related fatalities were as follows: Sunday: 5,809 Monday: 4,883 Tuesday: 4,444 Wednesday: 4,695 Thursday: 5,002 Friday: 5,826 Saturday: 6,802 If you need to go on a long trip, then Tuesday or Wednesday would seem to be ideal days. Protecting Yourself The reason so many accidents happen on certain days and at certain times is that roads are congested. But you probably need to be on the road at the same time, along with everyone else. What can you do? Clearly, drivers should exercise extreme caution when driving during rush hour. Remember to leave enough room between you and other vehicles, preferably four seconds of time. Also be reasonable when someone is trying to merge into traffic. If possible, you can scoot into the other lane, leaving the room. You should also avoid drinking on holidays, since alcohol will dramatically slow down your reflexes and impair your judgment, thus increasing the likelihood of a crash. If you see someone driving erratically, report them to the authorities. If you are feeling fatigued, remember to pull over to the side of the road. Speak to a Long Beach Car Accident Lawyer Rush hour might be the most dangerous time to drive, but motorists and pedestrians can suffer a serious injury at any time. If you have been injured in an accident, you need compensation to help you cover medical expenses, lost wages, and property damage. Your pain and suffering also warrant compensation. Contact the Beliz Law Firm today. Our car accident lawyers can help you get the compensation you deserve and are prepared to negotiate aggressively on your behalf. Call 562-452-3772 for a free consultation or send us an online contact form.

Personal Injury

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