Boating is a popular form of recreation and relaxation in California. Residents enjoy California’s lakes, rivers, and beaches. It is understandable when you see the beauty of our bodies of water why so many people would want to spend time on the water. However, accidental injuries are possible when operating a boat or other water vessel. Below are several boating safety tips that can help reduce the risk of a boating injury.
Obtain Your California Boater Card
As of January 1, 2019, persons 25 years of age or younger are required to obtain and carry a boater card to operate certain water vessels in California. Each year, additional age groups are added on January 1 for the boater card requirement until all individuals are required to carry a boater card by January 1, 2025. As a requirement to obtain your card, you must complete a boating safety course. Even though you may not be required to carry a boater card yet, it is a good idea to apply for your card because taking a boating safety course teaches important skills and safety tips that reduce the risk of boating injuries.
Inspect Your Boat Before Each Outing
Always conduct a pre-departure check to ensure that your boat is in good working order. If there is a problem, do not take your boat onto the water. Discover Boating has a printable version of its pre-departure checklist available on its website.
Always Check the Weather
Before leaving the dock, check the weather conditions. Make sure you have a weather radio on your boat and sign up for weather alerts on your cell phone. If you notice clouds, high winds, or changing weather conditions, it is best to head to the dock and get off the water.
Never Drink and Boat
Boating DUI is against the law. It is also dangerous and potentially deadly. No one should operate a boat under the influence of alcohol or drugs.
Obey All Boating Laws
Speeding, reckless driving, and other infractions of boating laws can lead to accidents on the water. Boat operators should be aware of the boating laws in California and obey those laws at all times. In addition to putting yourself and others at risk, you could also receive a costly fine for breaking boating laws.
Designate a Lookout
A boat operator must remain alert at all times. Distracted boating is a serious problem that results in tragic accidents. However, an operator should have a designated lookout who also watches for dangers and hazards on the water.
Be Careful in the Water
Do not allow passengers to swim near the motor, even when the boat is off. If you are going to get into the water, turn the boat off to avoid an accident. Always monitor passengers who are in the water for signs of distress. Everyone should wear a life jacket when in the water, water-skiing, or tubing, even if they are strong swimmers.
Contact a California Boating Injury Attorney
If you are injured in a boating accident, you may be entitled to compensation for your injuries. A thorough investigation of the incident is required to identify the cause of your injuries and identify the responsible parties. Our Sacramento boating injury attorneys understand laws related to boating accidents and injuries.
Contact The Tiemann Law Firm for a free consultation with a California boating injury lawyer by calling (916) 999-9000 or by visiting our website.
Drivers and passengers are not the only victims of traffic accidents in Sacramento. Pedestrians can suffer severe injuries when a vehicle strikes them. When a vehicle injures a pedestrian, the pedestrian may be entitled to compensation from the driver. A Sacramento pedestrian accident attorney typically prepares a pedestrian accident demand letter when the person has completed medical treatment, and the claim is ready to be settled. A strong pedestrian accident demand letter can help you settle your claim quickly and for a fair amount.
Seeking Compensation for a Pedestrian Accident
When a pedestrian is injured, he has two options for recovering compensation for his injuries and damages. First, he can file an insurance claim with the driver’s insurance company. Second, he can file a civil lawsuit against the driver. In most cases, we begin by filing an insurance claim with the automobile insurance company. Most cases are settled without filing a personal injury lawsuit.
As the person is receiving treatment for his injuries, our legal team works to build a case for fault and liability. We gather evidence and research applicable laws and cases to build the legal case against the driver. We also gather evidence of damages, including proof of lost wages, medical bills, and evidence of other financial losses. This information is used to prepare the pedestrian accident demand letter.
Preparing a Pedestrian Accident Demand Letter
Once the individual completes treatment and is released by the physician, we are ready to begin negotiations with the insurance company. Sending the pedestrian accident demand letter is the first step in the negotiations.
The demand letter sets forth the allegations of fault and liability against the driver. We include a summary of the evidence that supports our allegations that the driver had a duty to act in a certain way to prevent injuries to pedestrians and owed a duty of care to the pedestrian. The driver breached the duty of care, thereby causing the accident and injuring the pedestrian.
A summary of damages is also included in the pedestrian accident demand letter. The letter includes a detailed accounting of the financial losses incurred because of the accident and injuries. It also includes a demand for compensation for non-economic damages. The non-economic damages include the physical, mental, and emotional pain and suffering endured by the pedestrian. G
A Good Starting Point to Negotiate
In short, a pedestrian accident demand letter is intended to convince the insurance company that the pedestrian has a valid legal claim and is entitled to full compensation of all damages. The amount of compensation demanded in the letter is usually on the higher end of the range that we believe the claim would be worth if we took the case to court. It is a starting point for negotiations.
Settling a Pedestrian Accident Claim
The demand letter gives us a beginning point to negotiate with the insurance company. In most cases, our lawyers and the insurance company negotiate a settlement that compensates the pedestrian fairly for his injuries and damages. When deciding whether to accept a settlement, we consider several factors, including the strength of the case, the availability of insurance coverage, and the time and cost of a lawsuit. Of course, it is always the client’s choice whether to accept an offer based on our legal counsel.
Contact a Sacramento Pedestrian Accident Attorney for More Information
If a negligent driver injured you, we want to help. For a free legal consultation, call The Tiemann Law Firm at (916) 999-9000.
Rear end car accidents or “fender benders” can be a hassle. Even minor damage requires that you report the crash to the police and your insurance company. You need to take time off work to get the vehicle repaired and possible rent a vehicle to use while your car is in the shop. However, rear end car accidents can also cause severe injuries. Some rear-end crashes result in catastrophic injuries that take months or years to heal. Some victims never fully heal from their injuries.
Do not assume that your rear end car accident is a “minor” incident that you can handle on your own. While in most cases, the person driving the vehicle in the rear is blamed for the crash, that does not mean your accident claim will be easy to win.
What Causes Rear End Car Accidents?
As with other car accidents, there are a variety of reasons why a rear-end crash might occur. One of the most common reasons for rear-end accidents is inattention or distracted driving. A driver is not paying enough attention to the road ahead to stop when the vehicle in front stops or slows down.
Another common reason for rear-end car accidents is speeding. When you are exceeding or traveling too fast for conditions, it takes longer to stop. A driver may not be able to stop in time to avoid a collision if the driver in front must slam on the breaks. The same situation is true if a driver is tailgating or following too closely.
Common Injuries in Rear-End Crashes
Regardless of the cause for the rear-end accident, the accident victim deserves to be compensated fully for all damages. Insurance companies often fight these claims because they refer to rear-end accidents as “whiplash” cases and discount the victim’s injuries and losses. A Sacramento rear-end accident attorney can help you fight this injustice.
Common injuries sustained in rear end car accidents include:
- Broken bones and fractures
- Head and brain injuries, including concussions and traumatic brain injuries
- Lacerations, bruises, and broken bones in the face and hands
- Airbag and seat belt injuries
- Internal bleeding and damage to internal organs
- Neck and should injuries
- Back and spinal cord injuries
What Can I Do To Protect My Claim?
These steps can help you build a strong case for compensation after a rear end car accident:
- Call 911 to report the crash and request assistance.
- From a safe location, and if you will not cause further injury, take pictures, and make videos of the accident scene
- Do not discuss the crash with anyone other than the police officer and your attorney
- Never say “I’m sorry” or accept blame for the accident
- Ask witnesses for their names and contact information.
- Seek immediate medical attention. You need to document your injuries in addition to taking care of your health.
- Contact an attorney as soon as possible to discuss your claim and other steps you may need to take to protect your rights.
Contact a Sacramento Rear End Car Accident Attorney
For a free legal consultation with a Sacramento rear-end crash attorney, call The Tiemann Law Firm at (916) 999-9000.
The simple answer is “maybe.” There are several factors to consider before answering this question. In the article below, our Sacramento car accident attorneys examine when an uninsured driver may obtain compensation for all damages under California’s Prop 213 law.
California Minimum Car Insurance Limits
California requires all drivers to carry minimum liability insurance to operate a motor vehicle. Liability insurance pays compensation to accident victims when a driver causes a car crash. The minimum liability coverage for bodily injury is $15,000/$30,000 (single victim/per incident) and $5,000 for property damage.
Failing to carry the minimum car insurance in California can have several consequences. You can lose your driver’s license, have your car impounded, pay fines, and be personally responsible for damages caused by a car accident that is your fault.
However, there is another serious consequence of driving while uninsured. Prop 213 may prevent you from recovering money in a car accident claim.
What is Prop 213?
California enacted Prop 213 in 1996. Plaintiffs have challenged the law many times, but it remains in force and effect. The law restricts the damages an uninsured driver may claim for his injuries from an accident that was not his fault.
Let’s look at some examples:
- You Have the Required Car Insurance Coverage — Prop 213 does not apply to you.
- You Are A Passenger in a Vehicle with an Uninsured Driver — Prop 213 does not apply to you.
- You Are an Uninsured Driver — You cannot sue another driver who may be at fault for noneconomic damages.
In other words, if a car crash caused by another driver severely injures you, you will not be entitled to compensation for your physical pain, emotional suffering, permanent disability, disfigurement, mental anguish, and other “pain and suffering” damages. Unfortunately, pain and suffering damages can be significant in some cases. Therefore, an uninsured driver could be giving up hundreds of thousands of dollars in damages because he failed to purchase insurance.
Are There Exceptions to Prop 213?
Yes, there are a few exceptions to the restrictions in Prop 213. You may be entitled to compensation for pain and suffering damages if:
- The car accident occurred on private property;
- You are driving your employer’s uninsured vehicle; or,
- You borrowed a car that does not have insurance coverage, but you have insurance coverage on another vehicle.
If you believe you may be entitled to compensation, but the insurance company is denying your claim based on Prop 213, call a Sacramento car accident attorney immediately. You may fall within an exception, or there could be other circumstances that apply in your case.
Call a Sacramento Car Accident Lawyer for a Free Case Review
A skilled California car accident attorney works to ensure you receive every dollar you are entitled to receive by law for a car accident claim. Our legal staff works closely with you to obtain the details of the accident to conduct a thorough investigation to determine fault and responsibility.
For a free legal consultation, you can contact The Tiemann Law Firm by calling (916) 999-9000 or by visiting our website.
The immediate aftermath of a traffic accident can be overwhelming. Many accident victims are in shock and unaware of the extent of their injuries. They are also unaware of the impact that the trauma of the crash will have on their lives in the coming weeks and months. It is never easy to suffer an injury in a car accident, but it is also not easy to get through the trauma caused by the incident.
Triggers Can Lead to Flashbacks
Various triggers can lead to flashbacks of the accident. A sound, sight, or smell may suddenly bring back flashbacks of the traffic accident. In some cases, the flashbacks can be debilitating. Some accident victims may suffer nightmares in addition to flashbacks that disrupt their sleep.
Accident victims and their families should watch for signs of post-traumatic stress disorder after a car crash. An accident victim may have PTSD without being aware of the condition.
Impact on Relationships and Daily Life
A victim can experience changes in their relationships with others, even though they may not have PTSD. The trauma of the car crash can make it difficult to get back into a vehicle to visit friends and family. A person may miss important family functions because they are dealing with the consequences of the trauma from the accident. Some family and friends may not understand the full extent of the trauma, thereby adding to the pressure felt by the accident victim and placing an additional strain on their relationship.
Impact of Trauma on Employment
The trauma of the accident can also have a negative impact on employment. Trauma can cause anxiety attacks, making it difficult or impossible to concentrate on work duties. The lack of sleep because of nightmares can cause problems at work. The anxiety and trauma can be far worse if the employee is required to drive as part of his or her job duties.
Filing a Personal Injury Claim After a Car Crash
When you file a personal injury claim after a car crash, a part of the compensation claimed is for damages related to mental anguish and emotional suffering. PTSD can be included as an injury sustained because of a car crash.
However, claiming PTSD and other emotional disorders after a car crash can be complicated. Many insurance companies are not willing to compensate accident victims for trauma without an accompanying physical injury. You should consult with a Sacramento car accident attorney to discuss the facts in your case and your legal options for recovering compensation for your damages.
In most cases, it is best to discuss your case with an attorney before giving the insurance company a written or recorded statement. You could say something that is misleading, or that may be misinterpreted. If the insurance company is trying to find evidence to disprove your claim of PTSD after an accident, a statement is one way it may try to get information to use against you.