Law Offices of Vondra & Hanna

Being involved in a crash can be stressful and confusing, especially immediately after it. However, you should take calculated steps, as mistakes can harm your case. And talking to the other driver’s insurance company may be one of the mistakes.

The driver at fault may contact their insurer, who may, in turn, want to talk to you. You are not legally required to accept this request, and here are two reasons why you should not do it.

Low settlement

The other driver’s insurance company wants to speak with you to make a quick settlement before you even file a claim. The chances are this settlement would be unfair.

This is because you still don’t understand the extent and severity of the injuries. You need medical attention to know how serious your injuries are and how they will affect your work and life. It’s challenging to assess this immediately after the accident, more so without professional help.

They are not serving you

Remember that the insurer represents the other driver – they are not serving you. They may look for a way to put a part of the fault, if not all of it, on you. What you say can be used against you.

Further, the insurer may ask to record the conversation. This way, they can weaken your case should you misremember things or make a different statement later. Thus, if possible, avoid talking to the other driver’s insurance company. If you are injured in an accident, get legal assistance to do the talking for you and fight for the compensation you deserve.

An accident with a sedan or a van can cause serious injuries. In many cases, these kinds of accidents can cause traumatic brain and spine injuries. Many people have to go through surgery, medical treatment, physical therapy and medication to recover from a car accident.

However, an accident with a semitruck can easily be fatal. These vehicles often carry several thousands of pounds of various kinds of cargo, not to mention that these trucks have to be large just to do their job. Many trucks also carry explosive and chemical compounds that can spill, increasing the chances of a serious injury to all involved.

When people suffer accidents with semitrucks, their first inclination is to blame the driver. Why wouldn’t they since the driver was behind the wheel? However, in some cases, the trucking company is at fault for people’s injuries. Here’s how:

Poor working conditions are a heavy contributor

Trucking isn’t a glamorous job. Many drivers spend countless hours on the road. More often than not, these drivers don’t see their friends and family for weeks. This can lead many to suffer poor mental and physical health because of the strict work conditions and deadlines.

Some drivers don’t get the proper amount of sleep, food and exercise needed for the average human. As a result, truckers are likely to develop depression, insomnia, heart disease, high blood pressure and many other mental and physical diseases. 

Yet, as stated above, truckers don’t choose this life. It’s likely the fault of trucking companies putting so much pressure on their workers. Not only are they risking their employees’ health but they are putting others in danger of vehicle accidents.

As much as you are entitled to compensation after a car accident, your words and actions shortly after the crash could affect your claim. Therefore, it is imperative to understand what you need to do to avoid making mistakes that could hurt your chances of getting the compensation you deserve.

Below are some tips that may help protect your car accident claim:

1. Seek medical attention

Medical evidence is crucial to your car accident claim. Without a doctor’s report, it can be hard to ascertain the extent of your injuries or prove the damages you seek after a crash. Additionally, the insurer may downplay the seriousness of your injuries if you fail to seek medical attention.

2. Call the police

Ensure you call the police even if the accident is minor. That way, you can have an independent and reliable report of the accident if there are uncertainties about the crash. For instance, the police report of the accident may rule out claims that you were intoxicated and help establish other facts about the crash.

3. Do not admit fault

You may think that you had something to do with the crash. However, do not make any formal statements suggesting you had anything to do with the accident. They may be used against you during settlement negotiations and negatively affect the potential settlement.

4. Do not rush to settle your claim

You may receive an early offer from the insurer to settle your claim. Do not jump into it without assessing whether it measures up to your damages.

The chances of getting the compensation you deserve are higher if you have the necessary guidance. Therefore, consider seeking legal guidance immediately after the crash to safeguard your interests and help you navigate the claims process.

If you’re dealing with the aftermath of your first serious car crash, you’re probably going to hear and read a few terms that are new to you. One of them may be “subrogation.”

Subrogation can help you get a payout from your insurance company even if the other driver was at fault. Your insurer would pay you and then pursue the other driver’s insurer or the driver themselves to collect on the money it paid you.

How California law determines liability

First, it’s important to understand how California law determines fault, negligence and liability in a crash. California is a “pure comparative negligence” state. That means a percentage of fault is assigned to each driver.

Crashes that are 100% one driver’s fault aren’t very common. Even if one driver is primarily at fault, the other one may be assigned some degree of fault, which would lessen their potential payment by whatever percentage that is.

What subrogation can do for you

If the at-fault driver’s insurance company is slow to pay, you may be able to seek compensation from your own insurer. Your insurance company will pay you (minus your deductible) and then go to the other driver’s insurer to get reimbursement. That’s considered subrogation.

You may have to pay your deductible if you need to go this route. However, that’s part of the money your insurer will seek from the other insurance company, which would be considered the third-party carrier (TPC).

Beware of a waiver of subrogation

Sometimes an at-fault driver who doesn’t want another accident on their record will offer to settle directly with the other driver. They don’t want to get their insurance company involved. They might ask you to sign a waiver of subrogation. By doing that, you give up the right to have your insurer take action on your behalf. That’s almost never a good idea. Some insurance companies don’t even allow it.

It’s a lot to think about at a time when you’re trying to heal and get your life back on track. It’s crucial not to settle for less than you need and are entitled to just to get it over with. That’s why it helps to have legal guidance to protect your right to fair compensation.

This area has no shortage of pickup trucks on the road. They can be intimidating for people in cars and even SUVs. That’s particularly true of some of the newer models. As you’ve likely noticed, pickup trucks are significantly larger – and heavier – than they used to be.

Some people basically run their businesses out of their trucks. Campers can haul a week’s worth of supplies in some of them. Some of these “heavy duty” truck owners use them just to run errands around town – especially now that gas prices are coming down.

These trucks, because of their size and weight, can give some drivers a sense of superiority on the road. They can also cause more serious damage and injuries if they’re involved in a crash with a smaller vehicle.

A significant front blind spot

Perhaps the greatest danger they pose is to pedestrians. Because their hoods are higher than ever, the driver has a large blind spot in front of them that pedestrians and other drivers may not realize they have. In fact, one study found that this blind spot is a full 11 feet longer than that of the typical sedans and up to seven feet longer than that of an SUV.

That’s a lot of space for a pedestrian to cross a street who doesn’t realize the oncoming driver can’t see them. This added height and blind spot area has resulted in fatal “frontover” crashes where drivers ran down an unsuspecting pedestrian. Children, of course, and people who use wheelchairs, are most at risk.

Added safety systems can help

Safety professionals have advocated for safety features like forward collision warning (FCW) and automatic emergency braking (AEB) to be mandatory on these vehicles. This would allow the truck to detect someone ahead and apply the brakes, even if the driver doesn’t see them.

Any crash with a heavy duty pickup is likely to result in extremely serious and potentially fatal injuries for those in the smaller vehicle. A pedestrian stands almost no chance against them. Certainly, no amount of compensation can bring justice. However, it can ease some financial burdens for victims and surviving family members moving forward. Having experienced legal guidance can help you seek the compensation you deserve.

Traveling down a desert highway in America is a breathtaking experience, with plenty of wide-open spaces and awe-inspiring scenery.

Unfortunately, our highways can also be dangerous if proper precautions aren’t taken; tractor-trailers often travel these roads, their sheer size and power intimidating to any other vehicles sharing the road with them. 

The severity of accidents involving tractor trailers

In 2020, there were 4,695 fatalities in accidents involving semi-trucks. In addition, another 146,930 people were injured. Trucking accidents that involve passenger vehicles pose serious threats to human life due to the size and weight of commercial trucks. The potential damage a truck can do far outweighs that of an average car due to its size and freight cargo, leading to heartbreaking stories of loss or injury in such incidents.

When sharing the road with tractor-trailers, it is important to take extra precautions to keep yourself and others safe. Never drive in the “no zone,” which includes blind spots on both sides of the truck, directly in front or behind. Driving in no zones increases your chances of a collision and could be fatal if the driver does not see you. 

It’s also important to remember that trucks take longer to stop or accelerate than traditional passenger vehicles, so maintain proper distance when following one and anticipate stops and turns. 

Even if you are a safe driver, an accident can happen, resulting in dire physical, psychological, and financial consequences. Depending on the severity of the situation, you may require long-term medical care and treatment. There may be medical expenses as well as non-economic pain, including emotional trauma and physical injury. 

Seeking legal help will ensure you get what you are entitled to while getting access to all the required resources needed when recovering from your accident.

Many people like going for long car drives, taking in the passing scenery and enjoying their time with their furry friends. While there’s likely no that prevents dogs from being in a car, that doesn’t mean it isn’t dangerous. Having a dog, cat or bird can lead to serious injuries. 

Car accidents caused by pets often happen because the animal wasn’t restrained. This may lead a driver to become distracted by their pet. This could even lead a pet to turn the wheel or press the pedals. 

How do pet owners protect their pets and themselves from car accidents? Here are three options:

1. Strapping in a pet

It may be an owner’s first instinct to strap their pet in the car with a seatbelt just like anyone else would do. However, seat belts are built for people, not pets and, as such, pets can easily remove themselves from their restraints. 

Instead, pet owners may need to consider getting a harness that straps to a seat belt. This way their pet can’t get loose and distract them.

2. Using a cage

Some pets are too anxious or excited to sit still, strapped into a seatbelt. If this is the case, then owners may need to consider getting a cage that fits their pets. Some cages are big enough to sit in a seat, while others may need to be strapped in so it doesn’t shake around.

3. Putting up a barrier

Many dogs are just too big for cages and still too wild to stay strapped in a seat. For owners with big dogs, they may need to consider getting a net barrier that’s placed between the front and back seats.

Even if pet owners take every precaution to prevent their pets from distracting them while driving, it sometimes isn’t enough. You may have been in a car accident with a driver because their pet distracted them. You may need to know your legal rights when seeking compensation.

If you are involved in a car accident, you may feel fine at the scene. This false sense of not feeling any aches and pains may make you believe you didn’t suffer an injury. 

Unfortunately, this isn’t always the case. 

Your body’s fight or flight response activates when in a highly emotional situation, like an accident. The adrenaline released can mask injuries, leaving you feeling fine only to discover hours, days or weeks later that you are dealing with a potentially serious injury. 

Because there is such a high possibility of hidden injuries after a car accident, you can’t put off or refuse medical care. This can cost you in several ways. 

Common types of hidden injuries after a car accident

You can experience all types of trauma after a car accident. Common injuries that can take time to show and develop include the following:

  • Neck injuries
  • Back injuries
  • Brain injuries
  • Soft tissue injuries
  • Internal injuries or internal bleeding

If you don’t seek medical treatment right after an accident, these injuries can become worse and even life-threatening. 

Your ability to make a car accident claim

Putting off medical treatment may also impact your ability to file a car accident claim against the at-fault party for damages. The other party may claim that you were not injured because you waited to receive treatment or that your injuries are not as serious as you claim. This can greatly impact your ability to receive any monetary damages.  

Protecting your health and right to damages

Seeking medical treatment directly after a car accident is highly recommended. Doing so will ensure all injuries are found and treated and that you can collect monetary damages if they are deserved. Knowing your legal rights will help you see why medical treatment is a must. 

Dog owners have a duty to ensure that their animals do not threaten public safety. If you are a victim of a dog attack, you may be eligible for compensation through a premises liability lawsuit. 

Here are three instances when your premises liability claim can be denied or reduced in California. 

Your actions lead to the attack

Dogs are generally friendly animals. However, these pets can become aggressive and attack when provoked or threatened. If you hit the dog, trap it in a small space, startle or step on its tail, it might feel threatened or anxious. 

If this leads to an attack, the court might find you partly or wholly to blame for provoking the animal. Under California’s pure comparative negligence laws, your damages might be reduced or denied.

You were trespassing on the property

Whereas dog owners have a duty to ensure that their animals do not threaten public safety, it is important to understand that this duty of care does not always extend to everyone. 

If you were trespassing into the property or were committing a burglary when the attack happened, then your claim may certainly be denied. 

You failed to file your claim in time

There is a time limit within which you must bring a lawsuit against the defendant. This is referred to as the statute of limitations. Dog bite claims fall under personal injury lawsuits. And in California, this means that you have two years from the date of the attack to sue the dog owner. 

An aggressive dog can cause injury when they are properly restrained. Find out how you can hold the dog owner accountable if you are attacked by their pet. 

There is always the risk of serious consequences when you get involved in a motor vehicle accident. This is why it is important to be a defensive driver and do what you can to anticipate the mistakes that other people are going to make. You want to avoid accidents at all costs, and you understand that other drivers are often responsible. Spotting dangerous drivers and keeping your distance decreases your own risks.

But these risks also change depending on where you drive. Interestingly, fatal accidents are more common on rural roads, suggesting the risk is higher there than in the city, even though far more people live in urban areas. Why is it more likely that someone would pass away in a rural accident?

The hospital is much further away

With many serious injuries, medical professionals talk in terms of minutes. Response times really matter. If the hospital is simply 20 miles further away in a rural area than it would be in the city, that’s going to have a detrimental impact on the person’s health. There is not anything that can be done to alleviate this, but all drivers need to understand that this is why the risks are higher on these types of roads.

Other factors

Statistically speaking, you can also look at things like a lack of seat belt use or higher rates of drunk driving. They push the fatality rates up, as do higher speed limits. Even if driving faster is legal, it still means that the odds are higher that an accident will be fatal. Drivers in the city won’t be going as fast even when they are speeding, so they could get involved in more accidents and still not suffer life-threatening injuries because of the lower overall speeds.

These are just a few things that make rural roads more risky, and you face dangers when other drivers make mistakes. But these are activities you can avoid, whereas you cannot change your proximity to a medical center. This means rural roads are always more dangerous, even for safe drivers.

If you’ve lost a loved one in a car accident or been injured yourself, you may be able to seek compensation for your medical bills and other costs.