With the high cost of car insurance, it is not uncommon for drivers to search for ways to lower their car insurance premiums. Shopping around for car insurance is one way to reduce insurance premiums. Using one insurance company for all your insurance needs is another way to save money on car insurance. A new way to save money offered by some car insurance companies is by using an insurance tracking device to document safe driving for discounts.
What Are Insurance Tracking Devices for Safe Driving Discounts?
Several of the largest car insurance providers have introduced new ways to save money on car insurance premiums. Some insurance companies offer usage-based insurance programs that reduce the premium for drivers who do not drive as much as other drivers. Other companies have instituted safe driving discounts that are based on a driver’s actual, real-time driving behaviors.
Unfortunately, the way that the insurance companies track usage and driving behavior is by collecting data. Some companies use car tracking devices installed directly into the vehicle. Other companies use apps on a person’s cell phone to track driving behavior. In either case, the driver is giving up his or her privacy. It may save the driver money on insurance premiums, but the data collected can also be used in other ways.
Using Tracking Data in a Car Accident Case
Data collected from car insurance tracking devices and apps could be used in a car accident case to prove fault for a crash. A defense attorney could subpoena the data from the insurance company. Why would a defense attorney go through the trouble of getting this information? To try to blame you for contributing to the cause of the accident.
If you contributed to the cause of the car accident, your compensation can be reduced by the percentage of fault assigned to you for the collision under California’s comparative fault laws. Insurance companies always look for ways to reduce the amount of money they pay for an accident claim. If it can use your insurance tracking device against you, it will.
Of course, insurance tracking data could work in your favor. If the other driver uses a tracking device or app, the data retrieved could prove that the other driver caused the car crash.
Because the technology is still somewhat new, many attorneys may not be aware that they should check for data during a car accident investigation. Hiring an experienced car accident attorney in California can help you protect your rights and seek fair compensation for a car accident claim. An experienced attorney understands how the latest technology and safety features can be used to recover key evidence that helps prove liability and fault for a car accident.
Contact Our Sacramento Car Accident Lawyers for a Free Case Review
Before you discuss your claim with an insurance adjuster or accept a settlement offer for a car accident claim, talk to one of our Sacramento personal injury lawyers. We can review your case to determine your options for pursuing compensation for all damages from the driver who caused your car crash.
Call The Tiemann Law Firm at (916) 999-9000to schedule a free consultation with one of our California car accident lawyers.
Our California wrongful death lawyers handle a variety of cases involving the death of an accident victim. A wrongful death claim can arise from many different situations, including but not limited to:
- Car Accidents
- Premises Liability Claims (slip and fall accidents, swimming pool accidents, amusement park accidents, etc.)
- Motorcycle Accidents
- Medical Malpractice
- DUI Accidents
- Pedestrian Accidents
- Dog Attacks and Animal Attacks
- Commercial Vehicle and Truck Accidents
- Defective Products
- Elder Abuse
- Bicycle Accidents
Almost any personal injury accident can result in a wrongful death. Unfortunately, there are several defenses to wrongful death claims. Our experienced Sacramento wrongful death attorneys are familiar with wrongful death defenses and how to overcome many of the ways people try to avoid taking responsibility for their negligence and wrongdoing.
Defenses to Wrongful Death Claims
There are many different ways a party may try to avoid liability for a wrongful death accident. Four common defenses used by many parties are:
Self-Defense
If a death occurs because of a physical altercation or attack, the party causing the death may argue that he or she was only acting in self-defense.
Assumption of Risk
Another wrongful death defense that a party might claim is the assumption of risk. This defense can be used with or without a waiver or release of liability. The party claims that the person who died knew that an activity or action held certain risks of injury or death and decided to participate even though he or she understood the risk.
Comparative Fault
Comparative fault alleges that a victim had some responsibility in the cause of his or her death. For instance, a person was speeding at the time of a deathly car accident; therefore, the victim is partially at fault for the crash that took his life. According to comparative fault laws, the victim is not entitled to full compensation for damages because he contributed to the cause of the accident.
Statutes of Limitation
Wrongful death lawsuits must be filed before the expiration of the statutes of limitation for such claims. Statutes of limitation set deadlines for filing certain types of claims. In most cases, California wrongful death lawsuits must be filed within two years of the date of death.
However, some exceptions can lengthen or shorten the time to file a wrongful death claim. For instance, wrongful deaths arising from a medical malpractice claim usually must be filed within three years of the date of death.
Contact a Sacramento Wrongful Death Lawyer for Help
Losing a loved one is never easy, but it can be very traumatic when the death is unexpected and sudden. Thinking about a lawsuit is usually one of the lowest priorities after the death of a family member. However, as stated above, your time to file a claim is limited.
If you suspect that the death of your loved one was because of the error, negligence, or wrongdoing of another party, contact our office to discuss your situation with an understanding wrongful death lawyer. We can help you investigate the death of your family member to determine whether you have a claim for wrongful death.
Contact The Tiemann Law Firm at (916) 999-9000 or by visiting our website to schedule a free consultation with one of our California wrongful death lawyers.
Do you have questions about a car crash? It is natural to have many questions about a car crash, especially if this is the first experience with a traffic accident. A majority of the questions about car accidents concern filing an injury claim and receiving compensation for damages. Our Sacramento accident lawyers answer all your questions about car accident claims during a free consultation, including the three most company questions shown below.
Three Most Common Questions Asked About Car Accident Claims
Question One: How much is my car crash claim worth?
This question is typically one of the top three questions asked during every consultation. Traffic accidents result in a variety of damages, including financial losses, pain, and suffering. It is normal to want to know how much your claim is worth so that you know how much money you may receive to catch up bills, pay debts, and get back on your feet.
Our Sacramento personal injury attorneys are honest with clients. Giving you a figure during your first visit is not ethical. We need to investigate your case and carefully analyze all the factors to calculate the maximum value of your claim.
Furthermore, if you are still under the care of a doctor, we do not want to value your cause because your damages could be much more severe when you complete treatment. We want to know all the facts before calculating the value of your claim so that we can give you the best chance of recovering maximum compensation for all damages.
What we will do now is work with you closely to document each type of damage and loss to ensure we include all damages when calculating your claim.
Question Two: How long does it take to get my money after a car crash?
You do not receive compensation for a car crash until the claim is settled. A settlement might occur at any time after the car crash through the end of a trial. Once an injury claim is settled, you typically receive your portion of the settlement proceeds within 30 to 60 days. Of course, if the amount is set by a trial, a defendant can appeal the verdict, which would delay the receipt of the settlement until the appeal is resolved.
The important thing to remember is that you do not want to settle your car crash claim too early. Settling your injury claim before you complete medical treatment, have all the facts/information, or have a full understanding of the extent of your financial and physical damages could result in receiving a much lower settlement amount. Work with your attorney to determine the best timeline to use that gives you the best chance of an optimum result.
Question Three: What does it cost to hire an attorney for a car crash claim?
In most cases, our Sacramento personal injury lawyers accept car crash claims on a contingency fee basis. With a contingency fee, you do not pay upfront attorneys’ fees when you hire our law firm. Our attorneys’ fees are paid as a percentage of the money we recover for your injury claim. Therefore, if you are not paid, our attorneys’ fees are not paid.
A contingency fee agreement allows you to have the legal counsel, support, and aggressive advocacy of trained trial attorneys to help with your car crash case, regardless of whether you have the funds right now to hire a law firm. We believe all injury victims deserve to have legal help as they seek fair and just compensation for a car accident claim.
Contact a Sacramento Car Crash Attorney for More Information
You likely have many more questions about your car accident and injury claim. Instead of trusting an insurance adjuster who works for the insurance company, get advice from a trusted legal advocate who only works for injury victims like you.
Contact The Tiemann Law Firm at (916) 999-9000 or by visiting our website to schedule a free consultation with one of our California car crash attorneys.
It is a privilege to drive in California. A California’s driver’s license can be revoked or suspended by the state for traffic infractions and other offenses. All drivers assume a duty of care when they receive their driver’s license. They have a duty of care to operate their motor vehicle safely. They owe all others on the road a duty of care to avoid actions that could result in injuries and accidents. When a driver fails in this duty of care, the driver can lose his or her driver’s license, depending on the severity of the offense. The driver can also face criminal charges (i.e. DUI accidents) and civil liability.
Distracted Driving and a Driver’s Duty of Care
Distracted driving is a common cause of traffic accidents in California. Drivers who operate a motor vehicle while distracted are failing in their duty of care to operate a motor vehicle safely. When a driver is distracted, the driver cannot focus his or her full attention on the road. Therefore, the driver is placing others on the road at risk of injuries because the driver is increasing his or her risk of causing a traffic accident.
For example, the CDC states that a driver who reads or sends a text looks away from the road for the length of a football field when traveling at 55 mph. Any vehicles or individuals in the path of that vehicle are in serious danger because the driver is not paying attention to the road.
A driver operating a motor vehicle should have complete control of the vehicle at all times. Just a few seconds of distraction can result in a catastrophic car crash.
Consequences of Distracted Driving
The consequences of distracted driving can be serious and life-changing. Thousands of families lose loved ones each year in distracted driving accidents. Distracted drivers seriously injure thousands of individuals each year in the United States.
Common injuries caused by distracted drivers include, but are not limited to:
- Spinal cord injuries, including paralysis
- Head and brain injuries, including TBIs, concussions, and skull fractures
- Back injuries, including disc fractures and ruptured discs
- Shoulder and neck injuries, including whiplash
- Internal injuries and bleeding
- Broken bones and fractures
- Lacerations, scarring, and disfigurement
- Amputations and loss of bodily functions
- Soft tissue injuries
- Seatbelt injuries and airbag injuries
- Emotional and mental anguish, including depression, PTSD, and anxiety
- Permanent impairments and disabilities
Distracted driving also results in financial losses, in addition to the physical and emotional pain caused by crashes. Victims of distracted drivers incur medical expenses, personal care costs, loss of income, and other financial damages. Even with disability insurance and health insurance, an accident victim can incur hundreds of thousands of dollars in losses because of a distracted driver.
How Can a Sacramento Car Accident Attorney Help?
It can be difficult to prove that a driver was distracted at the time of a crash. A car accident lawyer can investigate the cause of the crash to gather evidence to prove that the distracted driver was responsible for causing the collision. An attorney can subpoena cell phone records and other information that can help prove the driver was distracted. A Sacramento car accident lawyer can also gather other evidence that proves the car crash was not your fault.
In addition, our legal team works with you to carefully document your financial losses and other damages for your injury claim. Carefully documenting your damages increases the chance you recover a fair amount for your car accident claim.
Contact The Tiemann Law Firm by calling (916) 999-9000 to schedule a free consultation with one of our California distracted driving accident attorneys.
Personal injury is used to define a group of legal cases involving injuries to an individual. In most cases, personal injury claims are based on negligence. However, other wrongdoing and errors can give rise to an injury claim. For example, carelessness that results in an injury to another person can result in a claim.
If you are injured, our Sacramento injury lawyers can help you pursue a claim for damages. Even though compensation does not undo the damage or ease your suffering, it can help reimburse you for your financial losses and provide some measure of justice.
What Types of Accidents Result in a Personal Injury Claim?
When a person is injured because of the negligence, errors, or wrongdoing of another party, the injured person may have a valid injury claim. Our injury lawyers handle a variety of claims involving personal injuries, including:
- Car Accidents
- DUI Accidents
- Truck Accidents
- Pedestrian Accidents
- Motorcycle Crashes
- Bicycle Accidents
- Dog Bites and Animal Attacks
- Product Liability (defective products)
- Elder Abuse and Neglect, including nursing home abuse
- Premises Liability (slip and fall claims)
- Wrongful Death Claims
In some cases, the above incidents may lead to criminal charges against the at-fault party, as in the case of a DUI accident claim. However, the criminal case is separate from a civil case. Regardless of whether criminal charges are filed, you should consult an injury lawyer about your rights in a civil action. The criminal justice system represents the interest of the public, not individual injury claims.
What Types of Compensation Are Available in a Personal Injury Claim?
The amount of compensation you can receive after an injury depends on numerous factors. However, most injury claims include both economic damages and non-economic damages.
Economic damages are the financial losses associated with the accident and your injury.
Examples of economic damages include, but are not limited to:
- Property damages
- Medical expenses
- Personal care costs
- Travel expenses
- Lost wages
- Medical equipment
Noneconomic damages include the pain and suffering caused by the experience and your injuries.
Examples of pain and suffering damages include, but are not limited to:
- Physical pain and discomfort
- Emotional and mental distress, including PTSD, anxiety, and depression
- Scarring and disfigurement
- Permanent impairments and disabilities
- Loss of quality of life and enjoyment of life
It is difficult to place a price on a person’s suffering. However, an experienced Sacramento personal injury lawyer understands how to use the evidence in the case to maximize the value for pain and suffering damages.
The third type of compensation might be available in some personal injury cases. Punitive damages are a special type of compensation paid in some cases. Punitive damages are intended to “punish” a party for gross negligence and reckless disregard for the safety of others. For example, punitive damages might be available in a DUI case. However, punitive damages are rare and only applicable in specific cases.
Do You Need a Sacramento Personal Injury Lawyer?
If you have been injured, you might be entitled to compensation for your financial losses, pain, and suffering. However, you must prove that another party was responsible for causing your injury and provide evidence to prove the value of your injury claim. Insurance companies are not interested in paying the true value of a claim. Insurance adjusters work hard to reduce the value of a claim if they cannot deny the claim outright. An attorney can help you protect your right to a fair and just settlement for your personal injury claim.
Call The Tiemann Law Firm at (916) 999-9000 to schedule a free legal consultation with an experienced Sacramento injury attorney.