Legal Blog

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.

Car Accidents

Motorcycle vs. Car Accident: Similarities and Differences

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

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

Bike Accidents

Most Common Causes of Bicycle Accidents in California

Oct 13, 2023 | By Michael Beliz | Read Time: 2 minutes

California, with its picturesque landscapes and cycling friendly cities, is a haven for bicycle enthusiasts. However, cycling, like any other mode of transportation, comes with its own set of risks. Bicycle accidents can occur due to various factors, ranging from human errors to environmental conditions. Exploring the most common causes of bicycle accidents in California sheds light on the potential liability of another if they caused you harm. What Are the Most Common Causes of Bicycle Accidents? The main cause of bicycle accidents in California involves collisions with motor vehicles. The size and speed disparity between bicycles and cars can lead to catastrophic consequences. Factors contributing to these accidents include distracted driving, failing to yield, dooring incidents, and unsafe road conditions. The condition of roads and cycling infrastructure can significantly impact the safety of cyclists. Common causes of accidents resulting from unsafe road conditions include the following: Confusion regarding right-of-way rules can also cause collisions between bicycles and other vehicles. This is especially true when a cyclist or motorist does not stop at a stop sign, ignores the traffic signals, or takes a turn without properly signaling. Liability and Damages in California Bicycle Accidents Determining liability in bicycle accidents is based on the evidence available in each particular case. Liability is generally based on the principles of negligence. For the most part, everyone owes a duty of care to operate a vehicle or bicycle with reasonable care. When someone doesn’t fulfill their duties, they could be negligent and therefore liable for any injuries or damages they cause to another. If a motorist’s negligence, such as distracted driving or failure to yield, leads to a bicycle accident, they can be held responsible for the damages. If an unsafe road, inadequate signage, or poor maintenance contributed to an accident, liability may fall on the responsible government agency. In some cases, if a defect in the bicycle or its components causes the accident, the manufacturer may be held liable. On the other hand, if a cyclist contributes to their own mishap through negligence, they may not be able to recover as much compensation for their losses related to the accident. Cyclist negligence might be traveling in the opposite direction of traffic, disregarding traffic rules, or riding under the influence. Alcohol and drugs affect a cyclist’s judgment, coordination, and reaction time, significantly increasing the risk of accidents.Once you determine liability, you can calculate the potential damages and what a case could be worth. Damages that can be recovered in a bicycle accident case include compensation for past and future medical treatment, lost wages, and pain and suffering. California Bicycle Accident Lawyer After a bicycle accident, you may suffer losses you never expected. With the help of an experienced attorney, you can be sure you’re maximizing your recovery to recoup your losses. Michael A. Beliz has worked on and handled hundreds of cases as an attorney for over a decade. You can be confident the Beliz Law Firm will handle your case professionally and as efficiently as possible. Contact us today.

Motorcycle Accidents

How Long Does a Motorcycle Accident Lawsuit Take in California?

Jun 27, 2023 | By Michael Beliz | Read Time: 5 minutes

The short answer is when it comes to a motorcycle accident lawsuit in California, the timeline to see the fruits of your injury claim can be as unpredictable as the open road. While a quick resolution is what everyone hopes for, the reality is that it often takes several months, and in some cases, a few years. The journey through the claims process is a winding one, influenced by various factors that make each case unique. Let’s dive into the ride of legal proceedings and explore the twists that may shape the duration of your quest for compensation. Being the victim of a motorcycle accident is a terrible experience. It can leave you and your loved ones struggling financially and mentally. If your medical bills are piling up and you’re unable to work, you may be concerned about how long it will take to get compensation from the person who caused your accident. So how long does a motorcycle accident lawsuit take? A motorcycle accident lawsuit can take a few months to a few years to settle in California, depending on your individual circumstances. A California motorcycle injury lawyer can examine the facts of your case and give you the best idea of how long your claim is likely to take. Factors That Affect How Long a Motorcycle Accident Lawsuit Takes No two accidents are the same. Every motorcycle accident lawsuit has different facts that affect the time it takes to resolve. So how long can a lawsuit drag out for a motorcycle accident? It depends on certain factors, including the following. Disputed Liability In some accidents, the person at fault is easy to identify. These cases tend to settle more quickly because the parties will not spend time arguing about who is responsible for the accident. When an ancient is more complex, it may be difficult to determine which party is at fault. Both parties may be at fault, but the percentage of liability may be unclear. California is a pure comparative negligence state. That means if you are partially at fault for the accident, it may reduce the value of your claim. If you disagree with the insurance company regarding how much fault—if any—should be allocated to you, it may take longer to resolve your claim. A complex accident may take several months of negotiation to come to an agreement. And if the disputed issues require a trial, the case may take years. Disputed Damages Damages from some accidents may be easy to calculate. If there is no dispute over the extent of your injuries, you may be able to agree with the insurance company on an appropriate number. But sometimes damages can be difficult to calculate, especially if there is psychological and emotional trauma or you need to estimate future medical costs. It can also be difficult to place a value on intangible losses like pain and suffering, disfigurement, and lost enjoyment of life. The insurance company may resist paying you what you believe these losses are worth, and that may delay the progression of your case. How Long It Takes You to Recover from Your Injuries Some injuries take longer to heal than others. A broken leg heals differently than a pierced lung. Some injuries will heal in a few weeks while others can take months or years. And you may never fully recover from some injuries. Typically, you will want to wait until you fully recover from your injuries or know the extent of permanent damage before making your claim. This way, you will be able to make an accurate calculation of damages. But be sure to consult with an attorney to make sure you don’t miss important deadlines for filing your claim. Steps of a Motorcycle Accident Lawsuit in California Despite different facts, the steps of a motorcycle accident lawsuit are the same. Each step impacts the overall time it takes to resolve your motorcycle accident claim. In many cases, you will be able to resolve your claim within a few months through negotiation, possibly without even filing a lawsuit. However, if you have to take your claim all the way to trial, it may take several years to resolve. The At-Fault Insurance Company Will Contact You After you file your initial claim, the at-fault person’s insurance company will contact you. They are seeking more detailed information about the facts of the accident. They want to know the facts of the crash, your injuries, and your treatment. Many times, the other person’s insurance company may ask you to give a recorded statement. Before giving any information you should NEVER do without speaking to an attorney first. Investigating and Gathering Evidence The next step involves investigating the accident and gathering all information to assess liability and damages, such as: This step is crucial because this evidence provides information on fault. It also assists in the calculation of damages. Both property damage to your motorcycle and bodily injuries need to be addressed during this step. Your motorcycle may need extensive repair. Or, if it is badly damaged it may the company may total it and you pay off. For your injuries, you may need to visit a doctor for diagnosis and treatment. Preparing a Demand Letter After you have collected all the evidence, the next step is to build your claim. If you have an attorney, they will prepare a demand letter to send to the insurance company. In the demand letter, you will list the amount of damages you suffered and request payment. Damages in California include economic damages and noneconomic damages. Economic damages are quantifiable, such as medical expenses and lost wages. Noneconomic damages such as pain and suffering are subjective and more difficult to calculate. An experienced motorcycle accident attorney can help you estimate all your damages and ensure that you ask for the full value of your losses. Negotiating with the Insurance Company Once the insurance company receives your demand letter, they will typically work to negotiate a settlement with you. Know...

Car Accidents

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

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

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

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.

Car Accidents

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

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

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

Car Accidents

Average Herniated Disc Settlement From a Car Accident in California

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

What is the average herniated disc settlement from a car accident in California? Experiencing a herniated disc due to a car accident can bring a wave of challenges, and determining the average settlement adds another layer of complexity. You’ll find a wide range of median and average estimates for a herniated disc settlement. Yet, your unique case factors, such as the severity of injuries, might tilt the scale differently. It’s not just about numbers; it’s about recognizing the intricate nature of your situation and the potential lifelong impact on your well-being. Herniated disc pain from a car accident can be life-altering. While some herniations are minor, others involve excruciating pain and undergoing expensive medical treatments. Understandably, you want to know the average car accident settlement for a herniated disc. Unfortunately, there’s no set amount or average because every herniation differs. But there are a number of factors that can affect the value of your claim. What Is the Average Payout for Herniated Disc Injuries in California? It’s important to note that there’s no specific amount or average car accident settlement for a herniated disc. Each case is unique, and a variety of factors influence your compensation. While it may be tempting to compare your case to others or look for a general figure, it’s better to concentrate on calculating your potential case value. That’s where an experienced California car accident lawyer’s knowledge becomes invaluable. Instead of focusing on average settlement amounts, learn more about the factors that affect your case. Work with an experienced accident attorney to negotiate the best possible settlement. Factors That Impact a Potential Settlement for a Herniated Disc in a Car Accident The main factors that impact your claim include the severity of your herniation and expected outcome, your total damages, who’s liable, and the available insurance coverage. Let’s look more at how these factors impact your coverage. The Severity of Your Herniation As with other types of car accident injuries, the severity of your herniation impacts your potential case value. That’s because the more severe your injury is, the more your case is likely worth. A more severe herniation may require extensive medical treatment, including surgery, physical therapy, and medication. You might be unable to return to work for a few months and have residual pain and reduced mobility. Sometimes, a severe herniation may also lead to a permanent disability. To negotiate a higher settlement, you must provide documentation of your injuries, medical treatments, and any limitations you face due to your herniated disc. Liability Establishing liability in a car accident is critical in determining the settlement amount. California follows a pure comparative negligence standard. Your settlement will be less if you share any percentage of fault for the accident. For example, if you’re 20% at fault, you will receive only 80% of your damages. If you’re 80% at fault, you’ll only receive 20%. It’s crucial to gather and present evidence that proves the other party’s negligence, such as accident reports, witness statements, and photographs of the accident scene. Working with an attorney can be invaluable in building a solid case that establishes the other party’s liability. Otherwise, you could be missing out on the valuable compensation you deserve. Total Damages The total damages you have incurred significantly affect your settlement amount. Damages typically fall under one of two main categories—economic and non-economic. Economic damages include medical expenses, lost wages, and property damage, while non-economic damages cover pain and suffering, emotional distress, and loss of enjoyment of life. Keep detailed records of all damages and work with an attorney to ensure the other driver’s insurance adjuster considers all related expenses. Available Insurance Coverage The amount of insurance coverage available can also impact your settlement. In California, drivers must carry a minimum amount of liability coverage. However, this might not be enough to cover all your damages. It won’t matter if you have $100,000 in damages if the other driver has only $25,000 in liability limits. If the at-fault party has limited coverage, you may need to explore other options, such as filing a claim with your insurance company under your underinsured motorist (UIM) policy. In some cases, you may also need to pursue a personal injury lawsuit against the at-fault driver to recover additional compensation. However, this is not typically recommended as most people won’t have personal assets that could satisfy a court judgment. How Much of a Settlement to Expect for a Herniated Disc? Calculating damages is a tricky part of any car accident settlement, which is why we strongly suggest hiring an experienced lawyer. Non-economic damages are subjective, leading to wildly different calculations between insurance adjusters and injured victims. One of the best ways to anticipate what the insurance company might offer is to understand the settlement calculators most companies use. Per Diem Method The per diem method can determine a settlement amount for non-economic damages, such as pain and suffering. Under this method, adjusters assign a specific dollar amount to each day you experience pain and suffering due to your herniated disc. This daily rate, or “per diem,” is multiplied by the total number of days you suffered to arrive at a value. The per diem rate is often your daily salary. Multiplier Method Another standard method is the multiplier method. Economic damages (such as medical expenses and lost wages) are multiplied by a factor, typically ranging from 1.5 to 5, to account for non-economic damages like pain and suffering. The specific multiplier correlates to the severity of your herniation and the impact on your quality of life, with five being the most serious. Contact Beliz Law Firm For Help With Your Herniated Disc Settlement in California If you have questions about your car accident settlement for a herniated disc, please get in touch with the experienced legal team at Beliz Law Firm. Attorney Michael Beliz has years of experience successfully helping clients get the compensation they deserve for car accident injuries. We understand the serious nature of herniations and potential problems...

Car Accidents

California Distracted Driving Laws

Mar 23, 2023 | By Michael Beliz | Read Time: 4 minutes

Key Takeaway: California’s laws prohibit drivers from using handheld devices while operating a vehicle, with strict regulations on texting and talking on cell phones. Victims of distracted driving accidents may pursue compensation for economic and noneconomic damages, including punitive damages if clear evidence of malice, oppression, or fraud is present. Traffic accidents account for a substantial number of severe injuries and deaths in California and the rest of the country. The National Highway Traffic Safety Administration reports that distracted driving is responsible for nearly 10% of fatal accidents nationwide. Despite the well-known risks, distracted driving continues to be a widespread problem. Those who suffer injuries in a car accident should consult with an attorney to understand how California’s distracted driving laws might affect their compensation claim. What Is Distracted Driving? While there is no uniform definition for distracted driving, the California Office of Traffic Safety defines distracted driving as anytime a driver’s eyes or attention are not on the road or when a driver’s hands are off the steering wheel. Additionally, the Centers for Disease Control and Prevention identifies three primary types of distractions. Visual Anything that takes the driver’s eyes off of the roadway is a distraction. These distractions include looking at a cell phone, changing music, operating a GPS, putting makeup on, or browsing social media. Manual Anytime a driver takes their hands off the wheel, they are driving while distracted. Manual distractions often overlap with visual distractions and include eating and drinking, turning knobs, tending to a child, or searching through a bag. Cognitive Anything that takes the driver’s mind off of driving is a distraction. Examples include daydreaming, thinking about arguments, reading texts, or talking on the phone. Distracted driving is preventable, and drivers should avoid multitasking while driving. Further, occupants in a car with a distracted driver should voice their concerns if they observe this behavior. California’s Distracted Driving Statutes In California, it is illegal for a driver to hold a cell phone in their hand when driving. Under the law, drivers can only use hands-free devices mounted in a specific way. The rule applies when the driver is actively driving or stopped at a light. The law applies to both texting and talking while driving. California Texting and Driving Distracted Driving Laws Under California’s distracted driving law, drivers cannot use handheld wireless devices while driving unless they operate their devices in a voice-operated, hands-free way. The most recent version of the law expanded the restriction to all wireless device functions. That means texting and using other phone features is prohibited while you are behind the wheel. Exceptions to Texting and Driving Law in California There are a few exceptions to California’s texting and driving ban. These exceptions include the following: Emergency service providers are exempt from the ban while using an authorized vehicle. Talking on a Cell Phone Laws in California In addition to texting and driving, California prohibits drivers from using a cell phone to talk while driving if the phone is not in hands-free mode. The state’s cell phone ban does not apply when a driver uses a phone while driving on private property or places a call for emergency purposes. New California Driving Laws California law imposes additional penalties on motorists who violate California’s hands-free law. Drivers who violate the law will be responsible for a fine and receive a point on their driving records. California’s Distracted Driving Laws for Minors In light of the high number of young distracted drivers, California maintains strict distracted driving laws for drivers under 18. The law completely prohibits underage motorists from using any wireless device while driving, even in hands-free mode. The only exception to this rule is if the driver needs to place a call for emergency purposes. Damages for Distracted Driving Lawsuit California’s personal injury laws govern distracted driving claims. Like any other type of negligence lawsuit, the liable distracted driver may be responsible for economic, such as medical expenses, and noneconomic damages, such as pain and suffering. These compensatory damages are designed to make the victim whole again. Punitive Damages Distracted Driving California Laws Under California Civil Code 3294, a jury may award punitive damages in a personal injury case. Unlike compensatory damages, punitive damages serve to punish the wrongdoer and deter others from engaging in similar conduct. California treats distracted driving as negligence per se, meaning a driver is presumed negligent because they were breaking the law at the time of the accident. However, securing punitive damages requires more than establishing the other driver was negligent. To be awarded punitive damages, the victim must establish by “clear and convincing evidence” that the distracted driver’s actions amounted to malice, oppression, or fraud. In distracted driving accident cases, that means the victim must be able to show that the at-fault driver showed a conscious disregard for the victim’s safety. Are You Looking for Justice After a Distracted Driving Accident? If you or a loved one was recently involved in a car accident with a distracted driver, Beliz Law Firm is here to help. Attorney Michael Beliz started the firm over a decade ago to help accident victims and their loved ones recover meaningful compensation after suffering serious injuries or losses. Prior to that, he worked with two of the leading plaintiff’s personal injury law firms in Southern California, where he handled hundreds of cases. Throughout his more than 15 years in practice, Michael has helped countless families obtain fair compensation for their injuries. To learn more about how we can help you, contact us to schedule a free consultation.

Car Accidents

Who Is at Fault in a Self-Driving Car Accident in California?

Mar 23, 2023 | By Michael Beliz | Read Time: 4 minutes

In recent years, autonomous or self-driving vehicles have generated significant interest and discussion. Vehicle manufacturers promote these cars as having the potential to reduce traffic fatalities. However, research indicates that these vehicles are more likely to be involved in serious car accidents than conventional vehicles. Despite safety officials’ acknowledgment that self-driving vehicles create many technical and legal issues, widespread adoption of self-driving cars might be inevitable. That’s why California accident victims must understand their rights and remedies if they suffer injuries in a collision with a self-driving car. Levels of Self-Driving Vehicle Automation Currently, the majority of self-driving vehicles on the road are not fully autonomous. The National Highway Traffic Safety Administration classifies automation into six levels: Level 3 to 5 vehicles are not currently available for consumer purchase in the United States. Self-driving vehicles might provide transformative safety opportunities in the future. However, currently, even the highest level of self-driving technology available to the public requires a driver’s full engagement and undivided attention. Self-Driving Car Accident Who Is Responsible Establishing fault in a self-driving vehicle accident is crucial to securing compensation for injuries and damages. While self-driving car accident driver negligence is a leading cause of accidents involving these types of vehicles, other parties might also be responsible for an accident. Some potentially liable parties in these cases are discussed below. Driver of Vehicle Under California’s Civil Code §1714, a driver who failed to exercise ordinary care on the road might be liable for damages caused by their negligence. Currently, drivers operating self-driving cars must remain actively engaged and aware while on the road. If a driver causes an accident because they aren’t actively engaged in operating their self-driving vehicle, they might have been negligent. Owner of Vehicle Under California Civil Code § 17150, if the at-fault driver was operating the vehicle with the owner’s permission, the owner might be liable for the accident. That means that even if the car’s owner was not driving the vehicle when your accident occurred, they might still be responsible for paying you compensation for your injuries. Governmental Entity In cases where an accident results from unsafe or defective roadways, the injury victim might have a claim against a governmental entity. These cases fall under the California Tort Claims Act (CTCA). Because of sovereign immunity principles, CTCA claims are challenging to pursue. However, an attorney can review your case to determine if your claim would fall under an exception to the CTCA. Product Liability for Self-Driving Accidents In some cases, the self-driving vehicle operator might claim the accident resulted from a design or manufacturing defect. In that case, you might consider pursuing a claim against the car’s manufacturer or seller by filing a product liability claim. Product liability claims typically involve the following: When it comes to accidents involving self-driving cars, these claims often encompass allegations of defects such as the following: Most driverless vehicle systems use a combination of radars, cameras, and computers to control speed, braking, and lane departures. Under California’s product liability laws, the company that designs, manufactures, or sells a defective vehicle or vehicle part might be strictly liable for injuries the defective product causes. Because these are strict liability claims, the victim does not need to establish that the company was negligent. Instead, the car accident victim must prove that the self-driving car or system part was dangerous and caused the accident. Learn More About Who Is at Fault in a Self-Driving Car Accident in California by Speaking with an Experienced Attorney If you or a loved one was recently injured in a car accident involving a self-driving car, you might be entitled to financial compensation for your accident-related expenses. However, because self-driving car accident cases involve the intersection of technology and the law, they can be highly complex. At Beliz Law Firm, we have over a decade of hands-on experience aggressively pursuing fair compensation on behalf of our clients. We recognize that serious accidents add stress and anxiety to your life that you shouldn’t have to deal with—and we will do everything we can to make the recovery process as easy on you and your family as possible. To learn more about how Beliz Law Firm can help you, contact us today to schedule a free consultation.

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