Truck Accidents Archives - The Beliz Law Firm

What Should I Do If I Was Hit By a Company Vehicle?

Dec 4, 2024 | By Michael Beliz | Read Time: 6 minutes

Pursuing a personal injury claim for compensation following a car accident can be complicated, especially one involving a company vehicle. If you were hit by a company vehicle, contact an attorney right away to receive legal advice. A company vehicle is any vehicle owned by a business and driven by an employee or other “agent” of the business. The vehicle could transport equipment or goods or be an employee’s assigned company car. Understandably, prospective clients come to us to find out, “What should I do if I was hit by a company vehicle?” If you suffered injuries due to another driver’s negligence, don’t hesitate to contact the Beliz Law Firm. We can help you determine the best course of legal action when a negligent driver in a company vehicle causes an accident. Injured by a Company Vehicle? Understand Your Rights and Maximize Your Claim – Reach Out to Beliz Law Firm for a Free Consultation! What To Do Immediately Following an Accident with a Company Car The steps you take immediately following an accident can impact your injury claim later. Here are some helpful things to remember following an accident with a company-owned vehicle in California. Contact the Police It’s crucial to contact the police following an accident with injuries, especially when a company vehicle is involved. In a traffic collision report, it usually states the driver’s name and the owner’s name. An officer may determine that the vehicle being driven was a company vehicle. In addition, the report will state the insurance information like company and policy number. This insurance information may also lead to the finding of the vehicle and/or the insurance being with a company. Exchange Contact Information Be sure to exchange all information with the other driver. Exchanging information will get you details on insurance and the owner of the vehicle. The insurance information will lead to the value of the policy limits. If the other driver was in the course and scope of employment and driving under their employer’s insurance plan, the policy limits may be higher. Most company insurance is higher than the average personal auto insurance limits. Further, remember to gather information on independent witnesses. Witnesses are essential in these collisions because the insurance adjuster will strongly argue that the company representative was not at fault. Take Scene Photos If you can do so safely and not further injure yourself, take photos of the damage and surrounding scene. You don’t need a professional camera; cell phone images are fine. Try to get pictures of all vehicle damage, debris on the ground, skid marks, or any element of the scene that might be important to your claim. Most importantly take photos of the other vehicles. There may be a decal that shows it was a company vehicle. Don’t forget other factors like weather conditions, road hazards, a broken or blocked traffic sign, or any other relevant detail. Seek Medical Treatment Right Away If you do not require emergency medical transport from the scene, you still need to seek medical treatment right away. Even if you do not think you are severely injured, it’s crucial to get checked out. You could have internal injuries or soft tissue injuries that are not visible. If you delay treatment, the defendant’s representatives will likely use that fact to say that you weren’t that injured. Or they might suggest that another intervening event—that happened after the crash but before seeking treatment—caused your injuries. Contact an Attorney The other driver’s insurance will try to dissuade you, but it’s best to hire a lawyer right away. The sooner you have legal representation, the more your rights are protected. Having a legal advocate from the start will allow your attorney to do your talking for you, thereby keeping you from saying something that could harm your case. Examples of Accidents Involving Company Vehicles in California 1. Delivery Driver Runs a Red LightA delivery driver for a major shipping company runs a red light while making a scheduled delivery, striking your vehicle. If the driver was on duty, the employer is likely liable under vicarious liability. 2. Rideshare Vehicle Causes an AccidentA rideshare driver carrying passengers rear-ends you while working. The rideshare company’s commercial insurance policy may apply if the driver was actively engaged in transporting or picking up a passenger. 3. Company Car Used for Work ErrandsAn employee driving a company car to a client meeting sideswipes your vehicle. Since the driver was performing work duties, their employer’s insurance is typically responsible for damages. 4. Commercial Vehicle Overloaded with CargoA commercial truck overloaded with cargo causes a crash because the weight made the vehicle harder to control. Both the trucking company and the driver may be held liable for negligence. 5. Personal Use During Work HoursAn employee runs a personal errand in a company car during work hours and causes an accident. In this case, liability may depend on whether the errand was a minor deviation from work duties or a complete departure. Determining Liability if a Company Car Hits You in California California follows the rule of pure comparative negligence. This means that you can still collect compensation if you share fault for the accident. However, your award or settlement will be reduced by your percentage of fault. So someone who is 20% liable would not receive more than 80% of their total damages. Claims involving company vehicles differ from other common accidents in several ways. Company vehicles can be commercial vehicles, but it doesn’t only mean 18-wheeler trucks. It could be a delivery van, shuttle, courier, etc. The driver could also drive a company car because they do outside sales, conduct inspections, attend meetings, and more. If the other driver was acting within the course and scope of their employment at the time of the crash, the company would likely be responsible for the driver’s actions. Company vehicles typically have commercial insurance policies with higher limits than a personal auto insurance policy. That could be important if you sustained severe...

Truck Accidents

What Evidence Is Needed to Prove Negligence in a Truck Accident Case

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

Being the victim of a truck accident is a traumatic experience. You’re facing painful and debilitating injuries that can permanently alter your life, making it difficult to enjoy the things you love and live independently. If this happened to you or a loved one, we know you’re angry and want justice. California law allows truck accident victims to hold parties accountable for the injuries caused by negligence. What evidence is essential for a successful truck accident claim? To be successful, you must provide evidence of the four elements of negligence. But what type of evidence is needed to prove negligence in a truck accident case? Our experienced truck accident attorneys at the Beliz Law Firm can help you collect the evidence you need to prove your negligence claim. What Type of Evidence Is Needed to Prove Negligence in a Truck Accident Case? Experienced truck accident attorneys know how to prove negligence in a truck accident case. You must provide evidence of the four elements of negligence: The following includes common types of evidence. Accident Photos and Video Footage Photos and surveillance footage of the accident scene establish what happened. Photos can show car damage, property damage, and debris after an accident. Video footage may show the actual accident. Black Box A black box is an electronic monitoring device. It can provide crucial evidence in a truck accident case, such as: A black box in a truck is similar to an airplane’s black box. Police Report When police are called to the scene of an accident, they write a report that includes the following: Police reports can be collected from the local police station. Camera Footage Some trucks have cameras. If the camera faces the driver, it can show what the driver did during the crash, such as sleeping (driver’s fatigue) or talking on the phone (distracted driving). The camera can also be on the outside of the truck, providing evidence that the truck swerved or was driving too close to another vehicle. Log Books Federal regulations require truck drivers to maintain specific schedules for driving, including mandatory breaks and rests. The driver must log their driving hours, breaks, and rests in a log book. Log books provide evidence of the driver’s compliance with these regulations. Alcohol and Drug Testing All truck drivers should operate their trucks free from alcohol or drugs. Driving while under the influence is a breach of their duty. If there is suspicion of driving while intoxicated, an alcohol or drug test should be performed. Phone Records Phone records can show whether the driver was talking on the phone, texting, or sending emails when the crash occurred. Truck Maintenance Schedule Trucks need routine maintenance to ensure they are operating correctly. Thus, all trucking companies should have a maintenance schedule for their trucks. Suppose there is no maintenance schedule, or a truck operates with missed maintenance appointments. In that case, this can be used as evidence of the trucking company’s failure to follow through with its duty to ensure its trucks function properly. Employee Files Trucking companies should keep detailed employee (or independent contractor) files on their truck drivers. These files provide information such as whether the driver has the proper training and license to drive a truck. Medical Records Healthcare records provide evidence of injuries sustained from the truck accident. Examples of records include the following: A doctor’s diagnosis explains the extent of the injuries and describes the effect they will have on the life of the victim and their ability to earn a living. Healthcare bills provide evidence of the financial impact resulting from the injuries. Financial Records Part of the element of damages in a truck accident claim involves providing evidence of financial injury. After a truck accident, you most likely took time off work. This loss of income is recoverable. Further, truck accidents can affect your ability to earn a living in various ways, such as: Evidence of these financial damages can be found in tax documents, pay stubs, and bank statements. Contact The Beliz Law Firm for a Free Consultation Founder of the Beliz Law Firm and University of San Diego School of Law graduate Michael A. Beliz has almost 20 years of legal experience. He understands the importance of collecting and preserving evidence immediately after an accident. Proving negligence in a truck accident lawsuit can be complicated. You don’t want to miss anything. Having a seasoned attorney can enhance your chances of maximum recovery. Contact our office now for a free case evaluation.

Truck Accidents

Who to Sue in a Truck Accident in California

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

Being the victim of a truck accident can completely uproot your life. Trucks are enormous vehicles that can cause catastrophic damage due to their size and weight. Sometimes it can be hard to know who to sue in a truck accident. Many parties can be responsible for a truck, not just the truck driver. An experienced California truck accident lawyer can help you file your claim, determine who was at fault, and get you the compensation you deserve. Can I Sue for a Truck Crash? If you or a loved one has been injured in a truck accident, you may be able to sue for damages. Though compensation cannot reverse your injuries, it can help you bear the financial burden of the accident. Hiring a California truck accident attorney can help you receive fair and just compensation for your injuries. Before you sue, the first step is to file a claim with the responsible party’s insurance company. After reviewing the evidence for liability and damages, the insurance company will make a settlement offer. Know that this offer may be low. An insurance company’s goal is to resolve a claim as fast as possible for as low of a number as possible. Remember an insurance company is the adversarial party and they are not in the position to help an injured person. An insurance company wants to protect their assets. Speak with an attorney before you accept the settlement offer. The truck accident attorneys at The Beliz Law Firm will negotiate with the insurance companies and fight to get you a higher settlement. We will not let them threaten us or undervalue your claim. The truck accident attorneys at The Beliz Law Firm will stand by you from filing the claim stage to a potential lawsuit, and all the way until the final verdict. Who Can I Sue for Being Hit by a Semi Truck? There are many different parties you can file a claim against or sue if you suffered injury in a truck accident. To determine the appropriate party, you must determine who is at fault for the accident. The following are parties who are commonly responsible for a truck accident: A truck accident lawyer can help identify the responsible party. What Can I Sue For? Truck accident claims are rooted in the doctrine of negligence. Negligence is the failure to act with care when there is a duty to do so. To succeed in a negligence claim, you must prove four elements: You must prove that the responsible party had a duty to you and that they breached that duty through their actions or failure to act. Then you must show a direct causal connection between the breach of duty and your injury. Last, you must give proof of the damages. Damages can include financial, physical, mental, and emotional injuries from the accident. Different parties may owe different duties: For example, suppose a truck driver hit your car and they were driving while intoxicated. You may be able to sue the trucking company if it hired a truck driver with a history of DUIs and you can show the driver’s DUI caused your injuries from the accident. Or you might be able to sue a government entity for failing to maintain the roadways if a defect in the road caused your accident. At The Beliz Law Firm, we work with expert witnesses who can help recreate the accident scene to prove negligence. How Long Do I Have to Sue for a Truck Accident? All claims have a statute of limitations. Truck accidents are personal injury claims. In California, you have two years from the accident date to bring a personal injury lawsuit. Failure to file a lawsuit by the deadline generally bars you from recovering compensation. It’s important to contact a truck accident lawyer as soon as possible, so you do not miss your opportunity to sue the party responsible for the accident. Contact The Beliz Law Firm Moving forward with a truck accident case can be complex. At The Beliz Law Firm, our experienced truck accident legal team will prepare your case from start to finish. They will: Our team is fully committed to helping you through this difficult time. We always treat our clients respectfully, and we are committed to helping you achieve the best possible outcome. Contact The Beliz Law Firm to schedule a free consultation with us.

Truck Accidents

What Happens If You Get Hit by a FedEx Truck in California?

May 5, 2023 | By Michael Beliz | Read Time: 4 minutes

What happens if you get hit by a FedEx truck depends on the circumstances, and the next steps you take can play an essential role in your ability to recover physically and financially from the accident. Typically, the initial step is to report the accident to the local police and seek medical care. Then you or the driver of the vehicle you were in should file a claim with the insurance company. Contacting an experienced personal injury attorney is likewise important to help you to identify and protect your legal rights. The lawyer can perform extensive research to determine what parties are at fault for your accident and the appropriate course of action to maximize your chance of receiving a fair damages award. The Beliz Law Firm has over 15 years of experience helping accident victims fight for their rights. We understand the unique laws involved when a large company such as FedEx causes a collision and are unafraid of standing up to them on behalf of injury victims. What Happens If You Get Hit by a FedEx Truck? For those wondering what to do after an accident with a FedEx truck, there are several important steps you can take to protect yourself or preserve your right to file a claim. Report the Accident California law requires most drivers in a crash to report the car accident to the authorities if the collision results in injury, death, or property damage. Where possible, drivers should also exchange information with each other and get the names and contact information of the passengers and any witnesses. California law may also require you to notify the Department of Motor Vehicles about the accident within 10 days. If you are in a car hit by a FedEx truck, you might also ask the truck driver for their employer’s information and note the truck or fleet number on their vehicle. Also ask if they are an independent contractor or if they work directly with FedEx. You can use this information to determine who is responsible for your damages. Go to the Doctor Seek medical attention after the wreck, even if you don’t feel injured. Many injuries don’t fully appear until hours or days after the accident because they are masked by the overall stress of the crash. Doctors can examine you and determine if you have any injuries to attend to, helping to limit the chance that your condition will worsen. File an Insurance Claim The next step is to file a claim with the insurance company that covers the car you were in during the collision. When communicating with the insurance agents, keep in mind that they work for the insurer, not you or the driver. Thus, they may be looking for holes in your story and ways to avoid paying out compensation. As much as you can, avoid making admissions of any fault and stick with the facts necessary to convey what happened. Before signing anything you receive from the insurance company, talk to an attorney and ask them to review it to make sure you do not inadvertently waive critical legal rights. Contact an Attorney An attorney can help level the playing field and fight for your rights when FedEx refuses to pay compensation or admit fault. A truck accident lawyer is there to protect and assist you in filing a claim and can handle the legal aspects of the accident on your behalf. They also leverage their experience and knowledge of the law to calculate and negotiate a fair settlement amount. My Car Was Hit by a FedEx Truck. Who Can I Contact at FedEx? You can contact the customer service line at FedEx if you are in an accident. Where appropriate, you may instead want to communicate with the direct supervisor of the FedEx driver who caused the collision. For help with this step, it may be best to contact an attorney. They can talk to FedEx on your behalf to minimize the potential for conflict and work to reach an amicable solution that serves your best interests. They can also advocate for your rights in court to help ensure your voice is heard. I Got Hit by a FedEx Truck. What Compensation Can I Receive? If you suffered an injury in an accident with a FedEx vehicle, you may be entitled to compensation to cover the cost of your hospital bills, lost wages, pain and suffering, and other damages. California law allows victims to pursue a financial settlement to address injuries and property damage associated with an accident. A personal injury attorney can review your case and help you understand what compensation you may be entitled to under your unique circumstances. The Beliz Law Firm: Truck Accident Attorneys Serving California FedEx truck accidents can cause significant damage to you and your vehicle. You can help alleviate the financial burden of the accident by pursuing damages against the at-fault parties. An attorney at the Beliz Law Firm can help with this process. Over his 15+ years practicing law, Michael Beliz has helped clients recover millions in compensation. He is a fierce and knowledgeable advocate for the injured. If you were hit by a FedEx truck, contact our office today to schedule a no-obligation consultation.

Truck Accidents

Eight FAQs About Semi-Truck Accident Lawsuits

Apr 20, 2022 | By Michael Beliz | Read Time: 5 minutes

Although we see semi-trucks all of the time, few of us consider how incredibly dangerous they can be. And trucking accidents are very different from car accidents. Due to the enormous difference in size between a truck and a normal vehicle, it’s all too common for a semi-truck accident to cause life-altering injuries and death. Furthermore, trucks are often owned by corporations rather than individuals. This often makes trucking accident lawsuits more complicated than regular car accident lawsuits. If you or a loved one have recently been in a semi-truck accident, a lawsuit could be the best way to receive compensation for your losses. Take a moment to review some of our most frequently asked questions about these kinds of cases and contact a truck accident lawyer to discuss your specific case. FAQ #1: What Should I Do After a Semi-Truck Accident? You’re driving along the highway after work one day. Then, out of nowhere, you’re struck by a semi-truck. Things are moving fast but you need to take a few key steps to ensure your potential claim. The first thing you need to do is get yourself and your passengers to a safe place immediately. However, stay near the scene of the accident. Be sure to call the police and wait for an officer to arrive. After that, get medical attention right away either through emergency personnel arriving at the scene or going to your nearest medical provider, because many times after a collision injuries are not always apparent. If possible, you should also: Exchange information with the truck driver, Collect evidence of the scene of the accident (i.e., photos, dashcam videos), and Get the contact information of any eyewitnesses. FAQ #2: What Is My Semi-Truck Accident Lawsuit Worth? Our team gets this question all the time, but there isn’t an easy answer. You see, no trucking accident is the same under the law. The value of your case depends on several factors. One factor is the severity of your medical injuries. Were you left with a bruise, a concussion, or multiple broken bones? The more serious your medical injuries, the higher your potential compensation. Another factor is whether you missed any work because of the accident. Your damages will be greater if you miss a year of work rather than just a few hours. Yet another factor is who was at fault for the accident. Since 1975, California has followed the doctrine of pure comparative negligence. What this means is that your recovery will be limited if a judge decides that you were partially at fault for the accident. For example, let’s say you sue the truck driver’s employer after the accident. The jury decides in your favor and awards damages of $100,000. However, if a jury decides that you were 25% responsible for the accident, you will only recover $75,000. Another factor is the amount of insurance the semi-truck is carrying while being on the road. FAQ #3: How Much Does It Cost to Hire a Lawyer for a Semi-Truck Accident Lawsuit? There are two main ways that attorneys charge for their services. One way is an hourly rate that allows the client to pay over time. With this fee arrangement, the client has to pay regardless of whether they win or lose the case. The second way of paying an attorney is called a “contingency fee.” With a contingency fee, the client pays the lawyer for their services only if the client wins the case. For their fee, the lawyer takes a percentage of the client’s recovery, usually between 30% and 40%. FAQ #4: Why Should I Hire An Attorney? The reason for this is that very few people understand the full extent of their rights. The goal of the semi-trucks insurance is to resolve your potential claim as quickly as possible for as low as possible. A truck accident attorney can fix this. They can assess your case and help you understand what legal concepts are at play and sometimes even give you a rough estimate of your chances of success. Once you’ve hired an attorney, they can do several other vital tasks. First, they can collect valuable evidence, like medical records, police reports, and witness statements. Second, they can assist you with seeking medical treatment. Third, they can negotiate on your behalf with the insurance companies, the truck driving company, and other third parties. Third, they can persuasively present your case to a jury so that you can receive the compensation you deserve. FAQ #5: What Should I Do If the Truck Driver’s Insurance Company Offers Me a Settlement? Most people assume the best of others. So if an insurance company offers you a seemingly generous settlement right after the accident, you might be tempted to accept it as a nice gesture. However, you must always remember that insurance companies are not on your side. Their goal is to pay as little as possible. As such, their settlement offers may be far less than you deserve. In many cases, the initial offer may not be based on your lost wages, medical expenses, or emotional trauma. The amount is just enough for you to close your claim against the negligent driver. In addition, accepting the offer is irrevocable and prevents you from filing against the truck driving company later on. Once you hire an attorney, they will negotiate with the truck driver’s insurance company to help get you a fair recovery amount. FAQ #6: Is It Okay For Me to Just Speak with the Truck Driver’s Insurance Company? We recommend that truck accident victims avoid speaking with an insurance company unless they have an attorney. There is no law or statute that forces you to have to speak to their insurance company. In many instances talking with them is harmful to your interests. The insurance company will try to get information out of you that will help them later on. In extreme cases, they may even try to misrepresent your words and misconstrue your statements...

Truck Accidents

Revealed: The Average Semi-Truck Accident Settlement in CA (2023 Update)

Jan 2, 2019 | By Michael Beliz | Read Time: 4 minutes

When a car and a truck collide with each other, the crash is more likely to injure the occupants of the car than the truck driver. This is due to the sheer differences in weight and power between a semi-truck and a passenger vehicle. While commercial trucking companies have a responsibility to operate their large vehicles in a safe manner, semi-truck accidents remain a serious public safety problem. According to the California Highway Patrol (CHP), around 300 people are killed in large truck crashes in the state each year. Truck accident victims can file personal injury claims to compensate for their damages. These damages can include their medical bills, their lost wages, and their pain and suffering damages. This may include their emotional distress and need for hired domestic help while they recover. So, you may be wondering what the average semi-truck accident settlement is in California. The answer is that an average truck accident settlement cannot be specified, as every commercial truck accident claim is unique. A truck accident attorney is committed to helping our clients recover the maximum compensation. We know how to hold negligent trucking companies legally accountable. To find out more about how much your semi-truck accident claim is worth, please contact our law firm for a free consultation. Semi-Trucks Usually Carry Higher Insurance Values In California, every passenger vehicle driver needs to carry insurance. Minimum coverage is $15,000 per person, $30,000 per incident. However, a semi-truck usually carries higher liability insurance. This is because semi-trucks can cause more serious injuries in crashes. The insurance limits for semi-trucks may be in the hundreds of thousands of dollars. It is even possible to have a seven-figure policy. Therefore only in catastrophic injury cases like death, paralyzation, or brain injury, may an injured person not be fully compensated for his or her losses in a truck crash. Factors that Can Impact your Truck Accident Settlement With your personal injury claim, you can seek compensation for your medical bills, your lost wages, and your pain and suffering. California divides damages into two categories, general and special. Special damages come with a tangible price tag. These include your medical bills and the wages you could not earn while recovering. General damages are the less tangible expenses you face, as the cost of a permanently reduced quality of life. There is no definite way to calculate fair compensation figure for your general damages. Parties of a case will look at how the incident affects your social life with family and friends, household chores, and spousal relationships. Testimonies from loved ones and documentation showing your ongoing need for psychological counseling to overcome the emotional distress of the injury may be used to show your general damages. Other factors that can impact the average truck accident settlement amount include: With limited exceptions, your settlement offer should account for your specific, individual damages. In practice, this means that your truck accident injury claim must be well supported by the evidence. Without well-organized, comprehensive documents and records that establish the value of your damages, it will be difficult to get the full and fair settlement offer that you deserve. A collision with a semi-truck may leave you severely injured. You are facing extensive medical treatment, time out of work, or even an end to your career. These, compounded by issues like emotional trauma following the accident, chronic pain in the time that follows, and past and future expenses related to the injury, maybe collectible damages in a potential personal injury claim. Indeed, under California law, you have the right to hold the negligent defendant legally liable for the full value of your damages. Unfortunately, recovering fair compensation after a commercial truck accident can be deeply challenging. The personal injury claims process is notoriously complex. The large insurance providers that typically defend personal injury cases on behalf of the trucking companies are extremely aggressive in settling and litigating these claims. In fact, insurance companies are known to try to resolve claim as quickly and as low as possible — even trying to deny liability altogether if possible. Work With An Experienced Semi Truck Accident Lawyer in California Today At The Beliz Law Firm, our Long Beach, CA truck accident attorneys fight to protect the rights and interests of injured victims. Among other things, our legal team will: We want to make sure that you and your family get access to every dollar that you deserve under the law. Our law firm will push for the best settlement offer. Most personal injury claims can be settled prior to litigation. At the same time, we are always ready to litigate your truck accident claim if the truck company or its insurer refuses to play by the rules or treat you fairly. At The Beliz Law Firm, our California personal injury attorney has the skills and experience needed to hold negligent trucking companies liable. If the truck driver, trucking company, or truck manufacturer was at fault for your accident, you should seek compensation for your losses. You will need to file a personal injury claim. For help with your claim and to find out more about your potential semi-truck accident settlement, please contact The Beliz Law Firm today to set up your 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

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.

Truck Accidents

What Should I Do if I am Rear-Ended by a Semi-Truck

Jun 11, 2018 | By Michael Beliz | Read Time: 3 minutes

Getting Rear-Ended by a Semi-Truck Often Leads to Serious Injuries Settling with the insurance company after an accident like this is usually a big mistake. An experienced truck accident lawyer can make sure you aren’t stuck with unfair bills and worries after the crash. With Michael Beliz, consultations are free, so call today. Learn more about what you should do after a crash: Semi-trucks, also called tractor-trailers or big rigs, can cause devastating injuries when they collide with passenger vehicles. These trucks can weight 50,000-80,000 pounds when fully loaded, up to 40 times the weight of a passenger vehicle. Unfortunately, crashes involving semis seem to be on the rise. According to statistics kept by the Federal Motor Carrier Safety Administration, there were over 4,000 large trucks involved in fatal accidents in 2015, almost a 10% increase over the year before. Furthermore, there were 87,000 large trucks in accidents that caused bodily injuries. If you have been rear-ended by a semi-truck, remember the following tips. Call the Police If you don’t call the police, you are making things harder for yourself. Once the police arrive, they will make a police report identifying the parties involved in the collision and any witnesses. The officer also might identify who is at fault for the accident. A police report is a great way to jumpstart the evidence-gathering process. If you are too hurt to call the police, ask someone else to call for you. Seek Medical Treatment There is no way around it—semi trucks can cause catastrophic injuries to those involved. In addition to death, they cause the following serious injuries: Broken bones Crushed limbs Amputations Head injuries Back injuries Spinal cord injuries Pinched nerves Paralysis Even if the injuries are not apparent immediately after the collision, you should seek medical attention immediately. Many types of injuries, like traumatic brain injuries and internal bleeding, may not be visible or felt at the accident site. It may take days for the pains to appear, which may be too late. Therefore you should go to a medical provider to get a thorough physical examination. Do Not Talk to the Semi Truck Insurance Insurance Do not talk and admit that you did something wrong that led to the crash. Anything you say can be used against you later, so always stay quiet. There is no law that says you must talk to the insurance company regarding the facts or injuries of the claim. If an insurance adjuster wants to speak to you, have them contact your lawyer first. Collect Evidence In order to receive compensation, you need to show that the semi-truck driver was responsible for the crash. And to prove who was at fault, you will need evidence. Remember to gather the following: Take pictures of the final resting place of the semi-truck and any vehicles involved. Use your smartphone and ask a bystander to take pictures if you can’t move around. Get the name of the driver of the semi-truck plus get the insurance information. Take photos of the semi-truck both of the cab and the cargo area. Get a copy of the police report. Identify witnesses if they are not identified in the police report. Your lawyer will find this information helpful when analyzing whether you can have a case and the determination of the value of the case. Hire a Long Beach Truck Accident Lawyer To make a claim against the trucking company’s insurer, you need a seasoned advocate in your corner. Insurance companies play tough, trying to settle claims for as little as possible. Instead of negotiating with the insurance agent on your own, you should hire a truck accident lawyer who will fight for your rights. At the Beliz Law Firm, we have over a decade of experience in personal injury law and have helped numerous clients reach favorable results in their cases. To schedule a free consultation, contact us today.

Truck Accidents

Will I Have to File a Trucking Accident Lawsuit?

May 3, 2018 | By Michael Beliz | Read Time: 2 minutes

When you become involved in a collision with a large truck in Southern California that results in serious personal injuries and significant property damage, you are likely wondering: will I have to file a trucking accident lawsuit? Before you try to decide on your own about the best way to proceed with your case, it is important to work with a California truck accident lawyer who can tell you about your options. In addition, you may be able to receive compensation through an insurance claim, but it also may be necessary to file a lawsuit to receive the compensation you deserve. We will tell you a bit more about the process and how truck accident claims typically work. No matter what, it is important to reach out to a truck accident attorney as soon as possible. Under California law, you will likely have only two years and as little as six months from the date of the accident to file your claim. Contacting the Insurance Company and Negotiating a Settlement If you become injured by a large truck, a semi-truck, or an 18-wheeler in California, it is likely that you sustained severe and debilitating injuries. In addition, you may have suffered massive property damage. Also, it is important to report the accident to your own auto insurance company after the collision. However, you should recognize that even your own insurance company may be only able to assist you in the property damage part of your case and not your injuries. While you should report the accident immediately to your insurance company and answer basic fact-based questions. Your California truck accident lawyer can assist you with your medical issues, and handle negotiations with your insurance company, and with the trucking company’s insurer, on your behalf. It may be possible to negotiate a settlement with the help of your attorney in the claim stage. However, if your injuries are serious, you may need to file a trucking accident lawsuit. Filing Your Lawsuit with the Help of a Long Beach Accident Lawyer If you do need to file a trucking accident lawsuit, this may mean that you will need to understand it may take some time to get compensation through a settlement. Your truck accident lawyer can discuss options with you for filing a claim against the responsible party. Which may be any of the following depending upon the specific facts of your case: Truck driver; Trucking company; Truck owner; Truck loader; Manufacturer of a truck part; Designer of a truck part; or Mechanic who improperly serviced the truck. You may be able to name multiple defendants in your lawsuit. In many cases, even trucking accident lawsuits get settled before a trial, and plaintiffs receive the compensation. Contact a California Truck Accident Attorney Your California trucking accident attorney can help with every step of the process. We can ensure that you become treated fairly by the insurance company present the best possible case if you need to turn to a trucking accident lawsuit. Contact the Beliz Law Firm today for more information or to get started on your case.

Truck Accidents

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