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.
Concussions are common car accident injuries. A concussion can result from a blow to the head, such as hitting your head on the steering wheel, window, or dashboard. It can also occur if your head is struck by an object flying around in the vehicle. In some cases, a concussion may occur from your head being violently whipped back and forth during the initial impact (whiplash). Regardless of the cause, a concussion can result in long-term impairments and complications. A Sacramento accident attorney can help you file a claim to recover compensation for your concussion injury.
When Should I Be Concerned About My Car Accident Concussion Symptoms?
A concussion can range from mild to severe. Mild concussions typically heal within a few weeks, but you should always be checked by a physician even if you don’t believe the concussion is serious. Only a physician can determine the severity of a head injury after a car accident.
Symptoms of a concussion may include:
- Nausea and/or vomiting
- Loss of consciousness
- Slurred speech
- Confusion or the appearance of being dazed
- Ringing in the ears
Other symptoms may develop over a few hours or days, such as problems with sleep, concentration, memory, sensitivity to light or sound, irritability, and depression.
If your concussion symptoms persist, you develop additional symptoms, or the symptoms grow worse, you need to see a doctor immediately. Concussion symptoms that do not go away or worsen could be a sign of traumatic brain injury (TBI) or other severe brain injury.
A neurologist may need to perform one or more diagnostic tests to determine the severity of the brain injury. Once the injury is diagnosed, doctors can develop a treatment plan to give the person the best chance of recovery. In cases involving permanent impairment, a treatment plan may include several forms of therapy and treatment that help the person learn to manage the changes that a permanent disability from brain injury can bring to his or her life.
Filing a Personal Injury Claim for Concussion Injuries
Individuals who sustain concussions during a car accident can be at risk for developing chronic symptoms and complications from brain injuries. In severe cases, a person may not be able to work or perform other activities of daily living. Medical care, personal care, and loss of income can be substantial after a brain injury. Filing a personal injury claim can help recover the cost of care for brain injuries. It can also help provide compensation for future care and financial losses.
Additionally, an accident victim may also be entitled to compensation for noneconomic or pain & suffering damages such as physical pain, emotional distress, and a decrease in quality of life.
A Sacramento personal injury lawyer can help you seek the compensation you deserve after a concussion or brain injury.
Contact a Sacramento Personal Injury Law Firm for a Free Case Review
Our legal team helps people who are injured in car accidents. Let us take care of the accident investigation and dealing with the insurance company for the other driver while you focus on healing after a car accident.
Contact The Tiemann Law Firm at (916) 999-9000 or by visiting our website to schedule a free consultation with one of our California personal injury 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:
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 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.
You are injured in a motorcycle accident that was not your fault. After receiving medical care and being out of work while you recover, you expect the insurance company for the at-fault driver to compensate you for your injuries and losses. However, you receive a letter from the insurance provider claiming that the value of your claim is one-half of the amount you believe you are entitled to receive. They refer to California’s comparative fault law as their reason for reducing the amount of your claim. Can they do that? What is comparative fault?
California’s Pure Comparative Fault Standard
Each state has enacted laws or has case law that defines the state’s standard for comparative fault or contributory negligence. The laws vary by state. Therefore, you should always discuss your case with an attorney before accepting anything an insurance company might tell you about comparative fault or contributory negligence.
California case law has established a pure comparative fault standard for use in cases involving negligence and injury. The theory behind comparative fault is that an individual’s compensation for an injury claim is based on the individual’s proportionate share of fault for the cause of the accident or injury. In other words, the more at-fault you are for the cause of the motorcycle accident, the less money you can receive for your damages.
Let’s assume that your motorcycle accident claim is worth $300,000. The insurance company claims that you are 50 percent at fault for the cause of the crash. Therefore, the amount of your compensation for the injury claim is reduced by 50 percent. The most you could receive in this case would be $150,000 (total value of the claim multiplied by 50 percent).
California’s pure comparative fault standard allows accident victims to recover compensation even if they are 99 percent responsible for the cause of the crash. Some states have a 50 percent or 51 percent bar for comparative fault claims. In those states, if the victim of an accident is more than 50 or 51 percent at fault (depending on the state), the victim is barred from receiving any compensation for the injury claim.
Blaming Bikers for Motorcycle Accidents
Some people believe that bikers are inherently reckless and dangerous. They assume all motorcyclists take too many chances when riding, always exceed safe speeds, and are reckless. Insurance companies often take advantage of these untrue, unfounded, and unfair stereotypes of motorcyclists to allege that a rider is responsible for the cause of a crash. In cases in which fault is difficult to prove, the insurance company may be successful in using this tactic with a jury.
Why would the insurance company use this tactic? Because they can reduce the amount they must pay to settle the claim under comparative fault standards. The more blame they can place on the biker for the cause of the motorcycle accident, the less money they must pay.
Contact a Sacramento Motorcycle Accident Attorney for Help
Our California personal injury lawyers understand insurance tactics, including the use of comparative fault to reduce the value of a valid injury claim. We stand with motorcyclists and fight for full compensation for all damages. Let us help you hold a reckless and negligent driver responsible for the pain, suffering, and financial losses you incurred because of a motorcycle crash.
Contact The Tiemann Law Firm at (916) 999-9000 or by visiting our website to schedule a free consultation with one of our Sacramento motorcycle 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.