Legal Blog

What Happens If You Were a Pedestrian Jaywalking and Hit by a Vehicle in California?

Feb 3, 2023 | By Michael Beliz | Read Time: 3 minutes

If you were hit as a pedestrian that’s jaywalking, is it your fault? Unfortunately, California leads the nation in pedestrian accident deaths. If you hit a pedestrian jaywalking or you are a pedestrian who was hit while jaywalking, read on to learn more about how personal injury compensation is calculated in California and what to do immediately following an accident. What Is Jaywalking? Jaywalking occurs when a pedestrian crosses the street outside a designated crosswalk where a traffic signal device or police officers control an adjacent intersection. When a crosswalk is controlled, that means there are signals in operation, and those signals indicate to pedestrians when they may cross the street. What Happens If You Hit a Jaywalker in California? If a pedestrian is hit while jaywalking, who is at fault? Not all pedestrian accidents are entirely the driver’s fault. Before January 1, 2023, jaywalking used to carry a fine of up to $196. Although jaywalking safely usually did not result in a ticket, Vehicle Code 21955 still applied to pedestrians in both residential and non-residential areas. It may have been clearer at that time whether a jaywalker could be deemed at fault for a pedestrian accident, even if they were injured in the accident. A new law in California provides that jaywalking is only illegal if there is an immediate chance of a motor vehicle or bicycle collision. If a pedestrian is hit by a car, they likely can file a lawsuit against the driver for their injuries. However, even if the pedestrian was legally jaywalking, they might still be partially at fault for the accident. In California, a person whose own negligence contributed to an accident can still recover some damages from the other at-fault parties. This is called pure comparative negligence. But, their percentage of fault will proportionally reduce their compensatory award. For example, if an injured jaywalker has $10,000 in damages and is found to be 30% at fault for the accident, they can recover $7,000. What Can An Injured Jaywalker Recover? California law permits an injured pedestrian to recover compensatory damages in the form of economic and noneconomic damages. Economic damages represent direct financial losses related to a pedestrian’s injuries. Common examples include the following: Receipts, invoices, pay stubs, and other documentation can provide proof of your economic damages. Keep a record of all the expenses and losses related to your injury to provide to your attorney. Noneconomic damages represent subjective losses, usually stemming from the psychological and emotional consequences of an injury. Examples include: Due to their subjective nature, noneconomic damages are challenging to quantify and prove without the assistance of a qualified personal injury attorney. What Should I Do If I Were a Pedestrian Jaywalking and Hit by a Vehicle? If you were a pedestrian hit by a vehicle driver, you can take several steps to protect your rights until you’ve had an opportunity to speak to a qualified personal injury attorney. Don’t Say Anything Don’t claim you’re okay or state that the accident was your fault. Anything you say to the driver, witnesses, the police, or the insurance companies can potentially be used against you. State only facts related to the accident, such as your name and contact information. Call 911 Call 911 and request emergency medical assistance immediately. Even if all involved parties appear fine, certain injuries may not be detectable to anyone but a medical professional. Due to the size and speed of a vehicle, pedestrians may incur serious injuries so seek immediate medical attention. Gather Information Be sure to exchange information with all involved parties at the accident scene. Get the names, contact information, and insurance information for all parties involved in the accident to provide to your attorney. Also, be sure to ask the witnesses for their contact information. While a police officer should collect this information if one reports to the scene, getting it for your own records is always worthwhile. Document the Scene Document the scene as thoroughly as you can. Documentation includes photographing or taking video of all vehicles, the surrounding areas, your injuries, damage to the vehicle, and any other relevant evidence. Speak to an Attorney Contact an attorney as soon as possible, even before you speak to your insurance company. Insurance companies are not always on your side, and your attorney works to ensure they don’t take advantage of you. Contact Us If you were involved in a pedestrian accident, you might feel overwhelmed and anxious about your next steps. The Beliz Law Firm is here to guide you through the process and provide you with the understanding and support you need. At the Beliz Law Firm, each case is important to us, and we promise to treat you with respect. We aren’t afraid to handle challenging negotiations or take your case to trial. Contact our office today for a free case review.

Car Accidents

How to Know If I Have an Uber/Lyft Claim

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

For many, the convenience of Uber and Lyft ridesharing services is unbeatable. As many people’s primary mode of transportation, ridesharing may feel safe. However, ridesharing drivers are just as likely to get into accidents as other drivers on the road. Unfortunately, after an accident, Uber and Lyft may try to deny personal injury claims. So how do you know if you have a claim against Uber or a claim against Lyft? Read on to learn more about accidents involving Uber and Lyft drivers and what steps you should take to protect yourself. How Is Liability Determined in an Uber/Lyft Accident? If you suffered injuries in an accident, your attorney might pursue compensation from the driver, the ridesharing company, or a third party or parties. Uber and Lyft both provide insurance coverage that is available when the driver has the app on and is either waiting for a ride or completing a ride. App Turned On People injured in rideshare accidents often ask, “Do I have a case against Uber?” or “Do I have a case against Lyft?” The ridesharing company’s insurance coverage will apply if the driver had the app turned on at the time of the accident. Uber and Lyft are responsible in the following scenarios: Uber and Lyft both provide the following insurance coverage levels: Without an attorney, it’s easy to get overwhelmed by these details and miss out on well-deserved compensatory relief. App Turned Off If the ridesharing driver had the app turned off at the time of the accident and is deemed at fault, they must use their personal auto insurance to cover your damages. Third-Party Liability A third party may be liable when a ridesharing driver is transporting a passenger with the app on or driving with the app off. Third parties may include anyone else who was involved in the accident, such as other drivers or pedestrians. How Can a Lawyer Help Me? One of the most important steps you can take after an accident involving an Uber or Lyft driver is to contact an attorney. Experienced personal injury attorneys understand all the tactics insurance companies, opposing attorneys, and at-fault parties use to protect their interests, and they can help you more effectively fight for the compensation you deserve. Negotiate When asking, “Do I have an Uber claim?” or “Do I have a Lyft Claim?” it’s important to remember that insurance companies are not on your side. Some insurers may refuse to approve your claim without an investigation. Other insurance companies may make a quick initial offer without knowing the actual value of your claim. While the offer may be enticing, once you accept it, you lose your ability to file a claim at a later date. These offers usually don’t accurately reflect all of your damages. Determine Liability Your attorney works to establish liability to strengthen your claim against Lyft or Uber for damages. An experienced personal injury attorney knows how to investigate the circumstances of your case to determine why it happened and who is at fault. Being able to clearly establish fault and liability will help strengthen your claim. Calculate Your Case Value In your claim against Uber or Lyft, your attorney will know how to accurately calculate your damages so that you can be sure you’re pursuing all of the compensation you’re eligible to receive. Injured victims in California are entitled to both economic and noneconomic damages. These damages encompass a wide variety of losses, including the following: While some damages may be easy to calculate by looking at receipts and invoices, other more subjective losses, such as pain and suffering, require the assistance of a qualified personal injury attorney to be accurately calculated. Contact Us Serious injuries add stress and anxiety to your life that you shouldn’t have to deal with. At the Beliz Law Firm, we are passionate about pursuing justice on your behalf and providing you with a voice in your time of need. Our legal team will help you maximize your compensation by aggressively negotiating with insurance companies. We never hesitate to bring your case to trial if that’s what’s required. Contact us today for a free case review.

Car Accidents

Can I Receive Compensation If I’m Partially At-Fault for an Accident in Caifornia?

Oct 28, 2022 | By Michael Beliz | Read Time: 6 minutes

If you suffered injuries in a car accident, you might be wondering who will pay for your damages. Pursuing a claim for compensation can be challenging. You can expect the other driver’s insurance to say you’re at fault for the collision. But what happens if you are both partially responsible? Can you get any money if you’re partially at fault for the accident? Your ability to collect money for your injuries depends on which state the accident occurred in. If you have questions about compensation when you’re partially at fault for a car accident, contact the experienced car accident lawyers at Beliz Law Firm as soon as possible. Can You Still File a Car Accident Claim If You Were Found Partially At Fault? In California, yes, you can still file a car accident claim when you’re partially at fault. Since California is a pure comparative negligence state, you can still recover damages from an accident even if you were partially at fault. This means you can file a claim even if you are primarily at fault for the accident. In California, you can be up to 99% liable and still collect compensation. However, your recovery is limited by your own percentage of fault. For example, if you are 60% responsible, you would only receive 40% of your damages. It’s important to note the other driver can also collect compensation from your insurance company. For example, when you’re 60% at fault, the other driver can pursue 60% of their damages from you. That’s why working with an experienced personal injury lawyer to build a strong case is crucial. You need a legal advocate on your side. Otherwise, the defendant’s insurance company will allege you were primarily or solely at fault and prevent you from getting all of the compensation you are eligible to receive. Determining Fault Initially In A Car Crash In California California is what is known as a “fault” state when it comes to auto accidents and claims. Some states are “no-fault” states, while other states are “fault” states. In a “fault” state, the police will typically assign fault to one (or more) of the drivers in a motor vehicle collision, and an injury victim can be eligible to file a claim against the responsible driver. When the police are called to the scene of an accident and write out a police report that identifies one of the drivers as the driver at fault, the police report becomes an important document in proving fault. When a driver files an auto insurance claim in a fault-based car insurance state, the driver typically has two options for property damages: There are benefits and limitations to each type of claim. When a driver files a 1st-party claim, she or he is responsible for paying the deductible even if she is not at fault. Then, that driver’s own insurance company attempts to recoup the deductible from the liable driver’s insurance company. A 1st-party claim can sometimes be quicker than a 3rd-party claim. When a driver files a 3rd-party claim, she does not have to pay a deductible, but the process can take longer. In addition, if the driver at fault has limits on the policy, the injury victim may be unable to obtain full compensation for her losses. In such a scenario, the injury victim may be able to file a lawsuit to seek damages for additional losses. For bodily injuries, the driver has to go through a 3rd-party claim first before doing a 1st-party claim. How to Prove Fault Based on Evidence After a crash, you probably want to know how to determine fault in a car accident. In addition to a police report, injury victims should gather the following evidence at the scene of a crash: In addition, the injury victim should seek medical attention. Medical records can also be used as evidence to prove that the other driver was at fault. Even if you believe you may have been partially to blame, never admit fault after a car accident. Comparative Fault and California Auto Crash Claims What happens if both drivers—the plaintiff and the defendant—are responsible in some capacity for the car accident? This is known as comparative fault, or contributory negligence. Under California law, a plaintiff’s comparative fault reduces her damages award by the portion of her fault, but it does not prevent her from recovering damages. For example, if a plaintiff (the personal injury victim who filed a claim) is found to be 10 percent at fault, her damages award will be reduced by 10 percent. Even if a plaintiff is found to be 90 percent at fault, she can still recover, but her damages award will be reduced by 90 percent. If the payout in a given case is $100,000, a plaintiff who is 10 percent at fault will have her award reduced by $10,000 and she will receive $90,000. If the plaintiff is 90 percent at fault, her award will be reduced by $90,000 and she will receive $10,000. Some states bar a plaintiff from recovery if they are 50 percent or more at fault, while others bar plaintiffs who are 51 percent or more at fault. There is no bar to recovery like this under California law. If I am Partially At Fault, Can I Sue for an Injury? Yes, you can file a personal injury lawsuit if you’re partially at fault for an accident. There are several scenarios where filing a lawsuit might be a good option in California: While most lawsuits settle before trial, taking your case to a jury may be necessary to decide fault percentages. Your attorney will explain whether filing a lawsuit is best for you based on the facts of your case. How to Strengthen Your Case To be eligible for compensation, you must have adequate proof demonstrating the other driver’s fault. One of the best ways to do this is by hiring a California car accident lawyer early on. When you retain Beliz Law Firm, we will conduct a...

Car Accidents

How to Claim Lost Wages in a Car Accident

Oct 21, 2022 | By Michael Beliz | Read Time: 3 minutes

When you sustain injuries in a car accident, it can affect your ability to work. If someone else’s actions caused the accident, you have the right to pursue a personal injury claim for compensation. Understandably, prospective clients want to know how to claim lost wages from a car accident. Don’t hesitate to contact the California car accident lawyers at Beliz Law Firm to learn how we can help you pursue a claim for lost earnings. Most lost wage claims also involve other damages, such as medical expenses, property damage, and pain and suffering. Our skilled legal team can help you determine the total value of your car accident claim. Can I Claim Lost Wages from a Car Accident? In most situations, you can pursue lost wages in a car accident claim in California. However, you must have sufficient proof of your lost wages before making your claim. Otherwise, the other driver’s insurance company will deny your claim. For example, imagine you suffered whiplash in a car accident. A lost wages claim would require proof of the work you missed due to the whiplash. You should be aware of two distinct components of personal injury wage claims: lost wages to date and future loss of earning capacity. Evidence Needed for a Lost Wages Claim After a Car Accident You need to provide evidence supporting your claim that you could not work due to your car accident injury. Some of the most common types of evidence include: Medical records that detail your injuries, including how they occurred and if you had a prior injury that was made worse in this accident; Pay stubs showing your earnings before the accident; Tax returns that confirm your prior earnings; Work records that show your missed days since the accident; and If you’re self-employed, you need invoices or other documentation that prove your losses. Include any letters or emails written to your supervisor that explain your absences. Your employer can also prepare a letter that details your missed time. The more documentation you have, the better. If you have future medical appointments requiring you to miss work, include those lost future earnings in your calculations. When you retain an attorney at Beliz Law Firm, we will help compile all the evidence necessary to present a claim for lost wages. What Is Loss of Earning Capacity? Loss of earning capacity is the difference between what you are making and what you would be earning if not for your injury. For example, perhaps you were able to return to work after the accident, but you can’t do your former job. Proving a future loss of earning capacity is more challenging than a standard lost wages claim. That’s because there’s a need to speculate about your future earnings. The most challenging aspect of a loss of earning capacity claim is figuring out what you would have earned in the future if not for the debilitating injury. To calculate your damages, you would deduct what you might earn with your injury or disability from that amount. It’s typically necessary to hire a financial or economic expert who can help figure out these amounts. These experts can determine a range of what your loss of earning capacity claim is worth. Should your loss of earning potential claim go before a jury, the court grants the jury leeway to determine the amount you should be awarded. Jury members can use their common sense, which can be helpful or a hindrance, depending on the trial. How to Claim Lost Wages from a Car Accident Once you have all your evidence and documentation, you will present a demand package to the defendant’s insurance company. When you are represented by an attorney, your attorney will handle this step. All evidence is submitted to the insurance company to review, and you have to wait for a response. The demand package has a letter outlining everything about your case, including how you were injured, why the defendant is responsible, and what damages you sustained. Your attorney also includes a monetary amount you wish to resolve the case for. If the defendant’s insurance company refuses to talk about settlement values or if an adequate settlement offer is not made, your attorney may advise filing a lawsuit before the statute of limitations expires. Contact Our Car Accident Lawyers When you have questions on how to claim lost wages from a car accident, Beliz Law Firm stands ready to help. We know how difficult proving damages can be in a car accident claim. We can help gather evidence and build the strongest case possible. If we need to hire experts for a loss of earning capacity claim, we have a network of reputable professionals we can call. If you pursue a claim independently, you might miss out on the valuable compensation you need. With nearly two decades of experience assisting injured car accident victims in California, we will fight for the maximum compensation in your lost wages claim. Contact us today to schedule a free case review.

Car Accidents

What Happens If an Uber Driver Causes an Accident?

Oct 14, 2022 | By Michael Beliz | Read Time: 3 minutes

You have rights if you’re a passenger in an Uber vehicle that gets into an accident and you suffer injuries. You likely have many questions including, What happens if an Uber driver causes an accident? Pursuing a claim involving an Uber vehicle can be confusing and complicated. If you need assistance following an Uber accident, contact the California car accident lawyers at Beliz Law Firm. We can help you pursue a claim against the responsible parties and fight for the maximum compensation possible. What If My Uber Driver Causes An Accident? As a passenger in an Uber, it’s highly unlikely you have any percentage of fault in the accident. You are an innocent party unless you did something that distracted the driver and caused them to lose control. That means you should not have to pay for your own injuries and time off work. However, you must prove who is at fault for the collision to collect compensation. If the Uber driver caused the collision, Uber’s coverage would likely be the primary insurance responsible for compensating you for your injuries. Uber Insurance Coverage Uber has several periods of coverage depending on what the Uber driver was doing at the time of the accident. Period 1: The app is turned off, or the driver is offline. During this period, the driver’s personal insurance should be the primary insurance and cover damages incurred by a passenger, another driver, pedestrian, or bicyclist. Period 2: The app is turned on, and the driver is available or waiting for a ride request. Uber has third-party liability coverage during this period if the driver’s insurance won’t extend coverage. Applicable limits are $50,000 in bodily injury per person or $100,000 for bodily injury in one accident, and $25,000 in property damage coverage per incident. Period 3: The Uber driver is on their way to pick up a passenger or is transporting a passenger at the time of the accident. If you’re a passenger in the Uber vehicle, you will fall under this section. Uber’s policy limit during this period is $1 million in third-party liability insurance. If the other driver is at fault and has no insurance, this Uber policy should allow you to access uninsured motorist coverage. Whose Insurance Pays If My Uber Driver Got Into an Accident? Knowing who to pursue a claim against is crucial. The Uber driver’s own car insurance policy likely won’t pay for your injuries. That’s because personal auto insurance policies usually have exclusions when the car is used to hire. You likely have a claim against Uber and maybe the other vehicle’s driver depending on the circumstances. California is a comparative negligence state. That means the Uber driver and the other party could both be responsible for the accident and collect compensation from each other’s insurance companies if they suffered injuries. Consider a situation where the Uber driver is 10% at fault, and the other driver is 90% at fault. If the Uber driver is injured, they could collect up to 90% of their damages from the other driver. As an innocent passenger, you are entitled to pursue a claim against all responsible parties. California has joint and several liability, which means you have the right to pursue compensation from any defendant, regardless of whether they were 100% at fault. Consider the example of the Uber driver being 10% liable. You can collect your entire settlement amount from Uber, and then Uber can pursue 90% reimbursement from the other driver’s insurance company. Unfortunately, suing an Uber driver for the accident doesn’t mean Uber will automatically pay you for your injuries. You might be caught between two insurance companies fighting over which one will pay you. This situation is something we often see in car accident claims. Insurance companies always want the other company to pay rather than paying and seeking reimbursement after the fact. This back-and-forth can be very frustrating for an innocent passenger. That’s one of the many reasons you should hire a lawyer if you’ve sustained injuries in an Uber accident. You deserve to have your injuries paid for and to not be caught in the middle of an argument between insurance companies over who will pay for your injuries. Contact a California Uber Accident Lawyer If you have questions about “what happens if an Uber causes an accident” and how to pursue compensation, Beliz Law Firm is here to help. With nearly two decades of experience assisting injured car accident victims, we know how to build a strong case. Uber-related accidents are more complicated than your average car accident. Not every law firm has the necessary experience with them to help you get the compensation you deserve. Beliz Law Firm does. We understand the nuances of these types of claims and how to navigate them. Please contact our office today to schedule a free case review to learn more about how we can help you.

Car Accidents

What To Do If You’re Hit by a Drunk Driver in California

Oct 7, 2022 | By Michael Beliz | Read Time: 4 minutes

Key Takeaway: If you’ve been hit by a drunk driver in California, take these immediate steps to protect your health and legal rights: You must contact 911 immediately following an accident involving a drunk driver. The police need to respond to the scene. If it appears the drunk driver is trying to leave the scene, get photos if possible, and take down their license plate number. If your injuries are severe, you might need emergency medical assistance at the scene. Do not downplay your injuries or refuse medical help. You might be injured worse than you realize. Internal injuries are common in severe collisions, and adrenaline can prevent you from immediately feeling pain. Cooperate with law enforcement when they arrive, but be cautious about what you say at the scene. Do not say anything that could lead the officer to conclude you are partially responsible for the accident. While the other driver might appear drunk, you won’t know they are intoxicated until tests confirm that. The other driver’s insurance company will try to convince you to give a recorded statement about the accident. You should not give a statement without legal representation. The insurance adjuster is looking for any statement or evidence they can use to deny your claim. Even if the insured driver was drunk, the insurance company wants to reduce or eliminate their financial liability. California Legal Blood Alcohol Concentration Limits The blood alcohol concentration (BAC) limit in California can vary depending on the circumstances. Here’s a look at the various limits: Even someone whose BAC is under the legal limit can be impaired. People who consume alcohol and get behind the wheel can have impaired judgment and slower reaction times, even if they are legally allowed to drive. Can I Sue if I Was Hit by a Drunk Driver in California? Yes, you can file a lawsuit against the drunk driver if their insurance company doesn’t adequately resolve your injury claim. In some instances, the drunk driver’s insurance company might deny coverage. If that happens, you can present a claim to your own insurance company, provided you have uninsured/underinsured coverage. Even if the state files criminal charges, you still have the right to pursue a civil claim. These are two separate actions in two different court systems with unique burdens of proof. A criminal case against the drunk driver involves a loss of freedom, while a civil case involves financial compensation. Like other types of personal injury cases, you only have a limited amount of time to file a drunk driving lawsuit in California. If you miss the deadline, the court will likely dismiss your entire case. That means you’ll collect no compensation for your injuries, no matter how solid your case is. In most cases, you only have two years from the date of the accident to file a lawsuit. Some situations can alter the filing deadline, but it’s not guaranteed you will have additional time. When you hire a lawyer to represent you, they will help you meet important filing deadlines. Your attorney at Beliz Law Firm will be the one calculating filing deadlines, not you. Types of Recoverable Compensation A car accident victim can recover compensation for economic and noneconomic damages. Economic damages compensate you for financial losses such as medical bills or lost wages. Noneconomic damages compensate you for emotional or psychological harm caused by an accident. Every case is different, but there are a few types of injuries plaintiffs commonly seek compensation for in car accident claims, including: Cases involving a drunk driver may be eligible for a unique type of compensation called punitive damages. The law reserves punitive damages for only select cases that involve intentional acts or egregious behavior. Drunk driving can qualify as an intentional or egregious act. Punitive damages are meant to punish the wrongdoer rather than compensate the victim for their injuries. An experienced attorney can help determine if you qualify for punitive damages. Contact Our California Car Accident Lawyers If you were hit by a drunk driver in California, you have rights. The legal team at Beliz Law Firm can help. We know how terrifying an accident with a drunk driver can be. You deserve to receive the maximum compensation possible. With nearly two decades of experience assisting injured car accident victims, we know how to build a strong case. We’ve helped numerous victims of drunk drivers get the justice they deserve. To learn more about how we can assist you, contact Beliz Law Firm today to schedule a free case review.

Motorcycle Accidents

How Long Do I Have to File a Motorcycle Accident Claim in California?

Sep 9, 2022 | By Michael Beliz | Read Time: 3 minutes

When you suffer injuries in a motorcycle accident, you might have the legal right to pursue compensation. When someone else’s actions caused your injuries, California law allows you to pursue a personal injury claim against them. However, there are legal deadlines you must adhere to. Otherwise, the court might dismiss your case entirely. Understandably, we receive numerous questions regarding these types of claims, including questions like, How long do I have to file a motorcycle accident claim in California? In most scenarios, you have two years from the accident date to file a lawsuit in the proper court. This deadline is known as the statute of limitations. However, that two-year deadline is not set in stone. Some situations could increase your allotted filing time or decrease it to less than two years. These complexities are one of the many reasons you should consider hiring a California motorcycle accident lawyer to represent you. Do not count on California’s motorcycle accident statute of limitations to always be two years without first speaking with a qualified attorney. What Happens When You Miss the Statute of Limitations? Judges are not very forgiving when you miss legal deadlines, especially the statute of limitations. In most situations, the judge assigned to your case will dismiss it entirely when the defendants show you missed the filing deadline. Unfortunately, whether the other driver’s insurance company previously made a settlement offer does not matter. If you were in the middle of negotiations when the deadline passed, the defendant’s insurance company is under no legal obligation to continue settlement talks without proof of filing. You would need to have accepted their offer and signed the release of all claims to move forward after the filing deadline has passed. You can’t go back and suddenly say you want to accept an earlier offer because the statute of limitations has now expired. Examples of Exceptions to the California Statute of Limitations for Motorcycle Accidents Understanding what some of the exceptions to the two-year rule are can help show why it’s crucial to hire a California motorcycle accident lawyer. There’s no guarantee that any of the exceptions apply to you. Don’t wait to speak with a knowledgeable and experienced lawyer, or you might inadvertently jeopardize your entire case. Delayed Discovery Rule The delayed discovery rule essentially gives you additional time beyond the normal statute of limitations because an injury was not discovered until long after the accident. In motorcycle accident claims, this is not as likely to happen. Delayed discovery of injuries is more applicable to medical malpractice claims and product liability lawsuits for toxic chemical exposure. Wrongful Death When a victim dies from their motorcycle accident-related injuries, certain surviving family members have the right to file a wrongful death lawsuit. The statute of limitations becomes two years from the date of death rather than two years from the date of the accident. Wrongful death claims also involve damages that are different from damages that would be available in a personal injury lawsuit for motorcycle accident injuries. Defendant Leaves the State or Is Incarcerated Sometimes a defendant temporarily leaves the state and doesn’t return for several years. That means you cannot file a lawsuit and serve them in California. Your deadline to file might be extended to account for the defendant’s absence from California’s jurisdiction. In other scenarios, the defendant might be incarcerated for their role in the accident or due to another unrelated criminal act. The law considers this when calculating the motorcycle accident statute of limitations. Victim Is a Minor or Lacks Mental Capacity If the plaintiff is under 18 or lacks the mental capacity to make legal decisions, the court will extend the deadline. Someone who suffers severe brain damage in an accident might not have the mental capacity to sue for several years while they recover. The Other Party Is a Government Entity If the defendant was driving a vehicle owned by a city or county agency, legal deadlines change dramatically. You could have as little as six months to file a claim against that government agency. That’s why you shouldn’t wait to contact an attorney. Six months can fly by as you undergo treatment and work on your recovery. Hiring a California Motorcycle Accident Lawyer You need a legal advocate to protect your rights when you’ve been injured in a motorcycle accident. If you have questions about “how long do I have to file a motorcycle accident claim” in California, contact Beliz Law Firm. We have nearly two decades of experience assisting injured victims in motorcycle accident claims. Our legal team understands what’s at stake and the importance of not missing legal deadlines. You should be concentrating on your recovery and not worried about how much time you have to file a claim. Don’t risk your potential settlement by trying to handle a motorcycle accident injury claim by yourself. Contact Beliz Law Firm to schedule an initial consultation to learn how we can help you.

Motorcycle Accidents

How Do I Prove Negligence in a Motorcycle Accident

Sep 2, 2022 | By Michael Beliz | Read Time: 4 minutes

Pursuing compensation in a California motorcycle accident can be complicated. Before the defendant’s insurance company offers you any money, you must show the other driver was responsible for your injuries. To prove negligence in a motorcycle accident, you need a skilled legal advocate on your side. Failure to meet all the required elements of negligence means you will not have a successful claim. Contact the California motorcycle accident lawyers at Beliz Law Firm today to learn more about your legal options. How Negligence Is Established in a Motorcycle Accident There are four main elements of negligence. Building a solid case can help prove the other driver was at fault. In California, you don’t have to prove the other driver was 100% at fault for the accident. You only have to prove they were at least partially responsible. That’s because California is a pure comparative negligence state. That means you can be partially at fault for the accident and still collect some of your damages. However, your percentage of liability reduces your overall compensation. That means if you’re 20% at fault, your maximum compensation will be 80% of your damages. To better understand the personal injury claims process, read on to learn more about the elements necessary for proving negligence in a motorcycle accident. Duty of Care The first element of negligence is the duty of care. The defendant must have owed you some type of legal duty when the accident occurred. With motorcycle accidents, establishing duty is relatively simple. All motorists have a duty to follow traffic regulations and laws and avoid harming other motorists. Breach of Duty The defendant must have breached their duty of care. Did the defendant run a red light, speed, or engage in distracted driving? Were they drinking and driving or driving recklessly? Any action that violates the rules of the road can be a breach of duty. You might think this is all relatively straightforward. However, the defendant’s insurance company may push back against your claim and argue your actions led to the collision. Comparative negligence means your insurance could be paying out money too. That’s why building a strong case is crucial to getting the compensation you deserve. Causation The third element of negligence is causation. You must show the defendant’s breach of duty is what led to your injuries. Someone can clearly break the law or breach a duty, but you must be able to show how that conduct resulted in the accident and your injuries. Proving causation is key to recovering compensation. If you cannot prove causation, you might not receive reimbursement for your injuries. Photos of property damage and injuries are one of the ways to prove causation. Another is through medical records and treatment. Damages The fourth element is damages. There are two basic types of damages you can receive in a motorcycle accident. Ones you can prove with a receipt like property damage estimates, medical bills, and loss of earnings. The second type of damage is not through a receipts like pain and suffering and loss of consortium, Tips to Prove Negligence in a Motorcycle Accident Compiling evidence and proving negligence in a motorcycle accident should start immediately after the accident. Your actions following the crash can significantly impact your claim. Be very cautious with what you say at the accident scene. Do not say “sorry” or “I didn’t see you” or anything else that can be construed as you taking responsibility for the crash. Depending on the severity of your injuries, take photos of the scene if possible. Get pictures of your motorcycle damage, the other driver’s damage, skid marks, and the surrounding scene. These photos can prove valuable as the liability investigation proceeds. If there is a witness at the scene, get their contact information. Sometimes a witness leaves before the police arrive because they cannot wait that long. You don’t want to miss out on a witness statement that proves your version of the events. Keep copies of all your records, receipts, and bills. You need evidence of your damages for the claim. Consider taking notes or keeping an accident journal to document your symptoms and how your injury is impacting you. This record-keeping will also help you if your case takes a year or two to resolve because it shows a progression of how the accident impacted your life. If you have to give a deposition a year later, you can review your notes to ensure you don’t forget important details. Don’t delay seeing a doctor even if you think your injuries are minor. What you may consider minor may actually be a serious injury. The doctor will make notes documenting your injuries and can spot injuries that you would not have noticed. If the doctor gives you a treatment plan, you should follow it. Doctor’s notes, medical records, and bills can provide evidence of your injuries and your damages. Contact Our California Motorcycle Accident Attorneys One of the best things you can do after an accident is to contact our California motorcycle accident lawyers at Beliz Law Firm. The other driver’s insurance will likely encourage you to resolve your claim independently and without hiring a lawyer. However, they are not looking out for your best interests. The sooner you hire an attorney, the sooner we can start protecting your rights. At Beliz Law Firm, we know how to prove negligence in a motorcycle accident and can help you build a strong case. We have almost two decades of experience assisting injured motorcycle accident victims. We know the stigma motorcycle riders face, and we’re here to help you pursue the maximum compensation possible. Contact us today to schedule a free case review.

Brain Injury Lawyer

What Can I Expect from My Traumatic Brain Injury Settlement in California?

Jul 29, 2022 | By Michael Beliz | Read Time: 4 minutes

Overview of TBI Lawsuit Settlements in California Traumatic brain injuries can uproot lives. Depending on the severity of the injury, they can result in days, weeks, months, or, in severe cases, years of rehab or hospital stays. Accident victims must wrestle with the financial, social, and psychological cost of the event. While they juggle medical bills and presenting to various medical providers, they must also heal physically and mentally. For those wondering, What can I expect from my traumatic brain injury settlement in California? contacting an experienced attorney is your best bet for understanding your legal options. Because California personal injury claims can have a short statute of limitations, involving an attorney early on is critical. If you file your claim after the legal deadline passes, you may be barred from bringing the claim at all, but exceptions may apply. An experienced brain injury lawyer can help you find out if you have a valid claim. They can also help you meet your deadline by filing a claim or lawsuit on your behalf. How Can I Get a Fair Traumatic Brain Injury Settlement in California? Filing a traumatic brain injury lawsuit may sound daunting, but it can be necessary for victims and their families to get the compensation they deserve. A fair settlement for a traumatic brain injury takes into consideration the past, current, and future costs of the accident and your injury. Compensation might include reimbursement for medical expenses, lost wages, and rehabilitation services for both past and future costs. Additionally, you may be eligible to receive money for your pain and suffering. While nothing can turn back the clock, a financial award can help to alleviate your burden, so you can continue on your healing journey. Often, insurance companies contact victims to try to persuade them to accept quick-fix traumatic brain injury settlement offers. The insurance company may even tell the victim that this is the best offer that they can give. Oftentimes, this is not the case. The insurance companies’ goals are to resolve the case as quickly as possible and for as low as possible. At the end of the day, their bottom line is top of their mind. Your best defense against these tactics is having an experienced lawyer that you trust. Your TBI lawyer performs many vital functions. They serve as your advocate, protector, and legal counselor. They work for you and your best interests—not for the insurance company. Michael Beliz at The Beliz Law Firm has helped hundreds of clients successfully maximize their personal injury settlement. Michael founded The Beliz Law Firm with the express purpose of enriching the community and helping personal injury victims recover. A fierce legal advocate, he’s who you want on your side. What Happens During Settlement Negotiations? TBI settlement negotiations typically begin with your attorney sending a demand to the at-fault party’s insurance company outlining the liability, your damages, and the details of your brain injury. The insurance company may then send you an offer. Many insurance companies also perform their own investigation into what happened. Investigators and insurance adjusters review the evidence, check the policy limits, and calculate their estimate of the accident and your injuries. Based on this, they submit to you an amount of money that they say is fair under the circumstances. Best practice after receiving a TBI settlement offer from an insurance company is to talk to an attorney. The attorney can review your case, the evidence, and the law to decide what they believe a fair settlement offer is. From there, they talk to you about your legal options and work with you to propose a counteroffer. Ideally, the back and forth continues until everyone agrees on a settlement offer. In some cases, however, the parties can’t reach an agreement out of court. In that situation, filing a traumatic brain injury lawsuit and going to trial may be your best option. A brain injury lawyer can file the lawsuit on your behalf and gather additional evidence needed to prove your case. What Happens If My Case Goes to Trial? If your case goes to trial, then a brain injury lawyer can represent you in court. In the months—or, sometimes, years—before trial, the parties engage in activities like discovery. During discovery, both sides ask the other side for key information about the accident, such as medical records, financial statements, and other important documentation. The parties use this information to prove their case (or disprove the opposing party’s case). During discovery, the parties may also interview witnesses outside of court (called a deposition). Discovery is a long but crucial process, paving the way to trial. In some cases, parties agree to settle the case after they complete the discovery process. At trial, both parties present their case to the jury (if a jury trial) or the judge (if a bench trial). They may call their witnesses to the stand and question the opponent’s witnesses. After both sides present evidence at trial, they give a closing argument. After this occurs, the jury (or judge, if a bench trial) considers the evidence, law, and arguments for each side. Then, they issue a decision. If the losing party does not agree with the decision that the jury or judge made, then they may be able to appeal. The Beliz Law Firm Understands Your Hurt and Wants to Help Suffering from a traumatic brain injury can take an immense toll on you and your family. At The Beliz Law Firm, we understand the pain endured by TBI victims and their families. We live to serve our clients—to help them heal and recover the compensation they need to move on. Michael Beliz lives and serves the public in Long Beach, California. For over a decade, The Beliz Law Firm has provided clients with small firm attention and big firm results. We take pride in treating our clients like people, not dollar signs. We regularly give back to the community because we care and want to make it a better...

Truck Accidents

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

Jun 19, 2022 | By Michael Beliz | Read Time: 4 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. 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 injuries. However, if the driver was on personal time, their personal insurance policy might be responsible for your damages. Get Expert Legal Advice Today – Speak with a Trusted Lawyer at Beliz Law Firm You might be thinking, What should I do if I was hit by a company vehicle? If so, contact the Beliz Law Firm to discuss your case and your options. No two accidents involving a company-owned vehicle are alike, so it’s best to speak with a car accident lawyer to help you make sense of the confusing legal process in California. The legal team at the Beliz Law Firm has years of experience assisting injured victims just like you. Contact our office today to schedule an initial consultation and learn more about how we can help.

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