16
Sep
2019
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Can I Recover Compensation for a Motorcycle Accident if I Was Not Wearing a Motorcycle Helmet in California?
Can I Recover Compensation for a Motorcycle Accident if I Was Not Wearing a Motorcycle Helmet in California?
Posted by Injury Attorney in Accident Attorney , Car Accident , Distracted Driving , Hit and Run , Motorcycle Accident , Pain and Suffering , Personal Injury , Truck Accident

California is one of 19 states that has a universal helmet law for motorcyclists. All motorcyclists and passengers must wear a motorcycle helmet while riding in California under California Vehicle Code §27803. Even though the state has a mandatory motorcycle helmet law, that does not mean that every person riding a motorcycle obeys the law. If you were injured in a motorcycle helmet and were not wearing a motorcycle helmet, that fact could have a substantial impact on your ability to recover compensation for injuries.

Fault for a Motorcycle Accident

California has a fault-based system for apportioning damages in a motor vehicle accident. The person who causes an accident is liable for damages arising from the accident. Therefore, if another driver caused your motorcycle accident, that driver should be responsible for compensating you for your physical injuries, emotional damages, and financial losses related to the motorcycle accident. However, California’s pure comparative fault laws also impact compensation for an accident claim.

According to the state’s pure comparative fault laws, an accident victim’s compensation can be reduced by the percentage of fault assigned to the victim for causing the accident. In other words, if a jury were to find that you were 30 percent at fault for the cause of the motorcycle accident, the compensation you should receive for your accident claim would be reduced by 30 percent. If you should receive $100,000 for your injury claim, the most you could receive would be $70,000 if you were 30 percent at fault for causing the accident.

Does Failing to Wear a Motorcycle Helmet Factor into Liability for the Accident?

No, failing to wear a motorcycle helmet should not be a factor in determining fault for the cause of the motorcycle crash. Therefore, failing to wear a motorcycle helmet should not impact your recovery for a motorcycle accident in which you had no fault for the cause of the crash.

However, if you suffered head or facial injuries during the crash, your failure to wear a motorcycle helmet could have some impact on the amount of money you receive for your claim. The insurance company will argue that your injuries may not have been as severe had you been wearing a motorcycle helmet at the time of the crash. Because all individuals have a duty to mitigate their damages whenever possible, your failure to wear a motorcycle helmet as required by law could be a factor in the case.

An experienced California motorcycle accident attorney will argue that your injuries, including any head or facial injuries, would never have occurred had it not been for the negligence of the other driver.

Contact a California Motorcycle Accident Attorney for More Information

Motorcycle accident claims can be difficult to win. Insurance companies use every available defense to avoid paying a motorcycle accident claim. If you were injured in a motorcycle crash, especially if you were not wearing a motorcycle helmet, you need an experienced California motorcycle accident attorney on your side.

Contact The Tiemann Law Firm by calling (916) 999-9000 or by visiting our website to schedule a free consultation with one of our California motorcycle accident lawyers.

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16
Sep
2019
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Common Pedestrian Accident Injuries in Sacramento
Common Pedestrian Accident Injuries in Sacramento
Posted by Injury Attorney in Accident Attorney , Bus Accident , Car Accident , Distracted Driving , DUI Accident , Hit and Run , Motorcycle Accident , Pedestrian Accident , Personal Injury , Truck Accident

Being injured in a car accident can have devastating consequences, especially for pedestrians. Pedestrians do not have the same protection as the occupants of a vehicle. They do not have airbags, seat belts, and a large metal frame to protect them from physical injuries during a car crash. Therefore, pedestrians often sustain traumatic and catastrophic injuries when struck by a motor vehicle. Let’s look at some common pedestrian accident injuries and what you should do if you are injured in a Sacramento pedestrian accident.

Common Injuries Sustained by Pedestrians

Common injuries in pedestrian accidents include:

  • Broken bones and fractures
  • Head and brain injuries, including concussions and traumatic brain injuries
  • Back and spinal cord injuries, including paralysis
  • Neck and shoulder injuries, including whiplash and paralysis
  • Scraps, lacerations, and abrasions, which can result in permanent scarring and disfigurement
  • Damage to internal organs and internal bleeding
  • Loss of limbs or other body parts

The speed of a vehicle is often a factor in the severity of pedestrian injuries. However, a vehicle traveling at a low rate of speed can cause life-threatening injuries if it strikes a pedestrian.

What Should I Do If I Was Injured in a Pedestrian Accident?

Contact the police immediately and remain at the accident scene until a police officer arrives, unless you are transported to the emergency room for emergency medical treatment. If you remain at the accident scene, ask bystanders for their names and contact information, if possible. You might also ask someone to take pictures for you or make a video for you with your cell phone, if possible. It can be helpful to document the accident scene and gather as much information as possible at the accident scene, but your health and safety are your top priorities.

Most pedestrians go to the hospital for emergency care. If you did not go directly to the hospital, it is important to seek medical care as quickly as possible. You need to address any physical injuries you sustained in the accident, but you also need to document your injuries for a personal injury claim. Delays in medical care could hurt your chances of recovering full compensation for your injury claim.

It is usually a good idea to consult a Sacramento pedestrian accident attorney before making any statements to the insurance providers. The statements you make to an insurance adjuster could be used later in your case against you. It is better to have an attorney advise you of your rights and the steps you should take to protect your rights regarding a pedestrian accident claim.

As soon as possible, contact a Sacramento pedestrian accident attorney for advice. An attorney can investigate the accident to determine the cause of the crash and identify the party or parties responsible for your injury. Even though drivers have a duty to avoid injury to pedestrians, insurance companies often try to blame the pedestrian for the accident to avoid paying a claim. An experienced personal injury lawyer knows how to fight unwarranted accusations of fault against the victim.

Contact Our Sacramento Pedestrian Accident Attorney for a Free Case Review

Call The Tiemann Law Firm at (916) 999-9000 or visit our website to schedule a free consultation with one of our personal injury lawyers.

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11
Sep
2019
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Why Is the Insurance Company Trying to Blame Me for My Car Accident?
Why Is the Insurance Company Trying to Blame Me for My Car Accident?
Posted by Injury Attorney in Accident Attorney , Car Accident , Distracted Driving , Drunk Driving , DUI Accident , Hit and Run , Motorcycle Accident , Personal Injury , Truck Accident

Being involved in a Sacramento car accident can be overwhelming. Even when no one is seriously injured, dealing with the property damage claims can be time-consuming and frustrating. Minor injuries can result in significant medical bills and lost wages. Traumatic injuries could result in hundreds of thousands of dollars in damages and life-altering conditions.

The first step in recovering reimbursement for your financial losses and compensation for your damages is to file an injury claim with the insurance company for the other driver. However, what happens when the insurance company blames you for causing the accident?

Who Has to Pay for a Car Accident in California?

California uses a fault-based theory for automobile accidents. The party, usually one of the drivers, who is responsible for causing the crash is liable for any damages arising from the crash. Damages in an automobile crash typically fall into one of two categories: financial damages and non-economic damages.

Financial damages are the expenses and costs related to the accident and injuries as well as any financial losses caused by the accident and injuries. Examples of financial damages that are common in car accident cases include:

  • Medical expenses, including doctor’s bills, hospital stays, surgeries, therapy, medications, and medical equipment
  • Loss of income, including past and future loss of income and diminished earning potential
  • Property damage to the vehicle and other personal property
  • Cost of personal care and assistance with household chores
  • Other out-of-pocket expenses and costs, such as travel expenses to and from doctor’s visits

Non-economic damages are often referred to as pain and suffering. Pain and suffering include a victim’s physical, emotional, and mental suffering caused by the auto accident and the injuries. It can also include permanent impairments, disabilities, scarring, and disfigurement caused by the injuries sustained in the crash. It can be very difficult to place a value on a person’s pain and suffering after a traffic accident. An experienced Sacramento car accident attorney understands the complexities of calculating noneconomic damages and how to maximize the recovery for these damages by using the facts of the case.

In most cases, the insurance company for the at-fault driver pays the injury claim for a victim. However, the insurance companies attempt to lessen their liability in several ways, including blaming the other driver for causing the accident.

Why Would the Insurance Company Try to Blame Me for the Accident?

Under California’s comparative fault laws, a driver who is at-fault for an accident cannot recover compensation for damages from the other driver. Furthermore, if a driver is partially at fault for causing a car crash, the compensation paid to that driver can be reduced by the percentage of fault assigned to the driver.

Therefore, if the insurance company can prove that you were at least partially at fault for the cause of the crash, it can lower the amount it pays to you for your claim. For example, if your damages total $200,000, but you are found to be 50 percent at fault for the crash, the most you can receive for your claim is $100,000.

Insurance companies try to use comparative fault laws to decrease the amount they must pay to accident victims. Don’t let an insurance company take advantage of you. Talk to a California car accident attorney immediately if the insurance company tries to blame you for causing the crash.

Contact Our Sacramento Car Accident Attorneys for Help

Contact our Sacramento car accident attorneys for a free consultation by calling The Tiemann Law Firm at (916) 999-9000 or by visiting our website.

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11
Sep
2019
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Will Insurance Pay for a DUI Accident Claim in California?
Will Insurance Pay for a DUI Accident Claim in California?
Posted by Injury Attorney in Accident Attorney , Bicycle Accident , Bus Accident , Car Accident , Drunk Driving , DUI Accident , Hit and Run , Motorcycle Accident , Pedestrian Accident , Personal Injury , Truck Accident , Wrongful Death

Driving under the influence of alcohol or drugs is not only against the law, but it is also potentially dangerous and deadly. A drunk driver puts himself and all others on the road in danger. When a DUI accident occurs, who is responsible for paying the victims for damages and losses caused by the accident? Do I need to sue a drunk driver to get paid after an accident? Does the drunk driver’s insurance company pay me for my damages? Our Sacramento DUI accident attorneys can help you with these questions and more.

When is a Drunk Driver or His Insurance Company Responsible for Damages Caused by a DUI Accident?

If the drunk driver caused the accident, the drunk driver is responsible for any damages arising from the accident. This fact is true in any car accident. If a driver causes the crash, that driver can be held liable for damages arising from the collision. In most cases, the driver’s insurance company is responsible for paying the claim of an accident victim, even if the driver was intoxicated or drugged at the time of the crash.

However, you must prove the drunk driver caused the DUI accident before you can recover any compensation for your damages. Proving that a driver was drunk or drugged is not the same as proving the driver caused the accident. There must be sufficient evidence to prove the driver’s actions or inactions resulted in the crash.

For example, the driver turned left in front of a vehicle when the driver did not have the right of way, or the driver crossed the center line and hit a car head-on. While it is improbable, a drunk driver could be the victim of an accident without having any liability for causing the crash. He could be arrested for DUI but not charged with causing the crash.

However, in most cases, a driver who is intoxicated or drugged typically contributes to the cause of a crash in some way. Proving that a driver contributed to the cause of the DUI accident is crucial. Our Sacramento DUI accident attorneys aggressively investigate DUI accidents to gather evidence that proves how the accident occurred and who caused the crash. By building a strong case against the drunk driver with evidence, it is more likely that the insurance company will pay the injury claim without a fight.

Insurance Companies Fight DUI Accident Claims

Some insurance companies choose to fight DUI accident claims in hopes of avoiding paying the claim or reducing the amount they must pay to settle the claim. If a drunk driver hits you, it is important to seek experienced legal advice as soon as possible. Don’t assume that simply because the driver was intoxicated that the insurance company will automatically pay the claim in full. Failing to seek legal counsel could result in your injury claim being denied for lack of evidence proving fault.

Contact a Sacramento DUI Accident Attorney for Help

Call The Tiemann Law Firm at (916) 999-9000 or visit our website to schedule a free consultation with a Sacramento DUI accident attorney. Our legal team can help you by investigating the DUI accident, filing your injury claim, and negotiating with the insurance company for a fair settlement amount.

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04
Sep
2019
No Comment
What Things Can I Do to Help My Sacramento Personal Injury Attorney Improve My Case?
What Things Can I Do to Help My Sacramento Personal Injury Attorney Improve My Case?
Posted by Injury Attorney in Accident Attorney , Bicycle Accident , Car Accident , Defective Product , Dog Bite , DUI Accident , Hit and Run , Medical Malpractice , Motorcycle Accident , Pedestrian Accident , Personal Injury , Slip and Fall , Slip and Fall Injury , Truck Accident

Once you hire a personal injury attorney to handle your injury claim, your attorney handles all aspects of your claim. The attorney and his legal team investigate the accident, identifies the parties liable for damages, gathers evidence, files insurance claims, and negotiates for a settlement on your behalf. Your attorney works diligently to protect your legal rights and best interests. However, there are some things that you can do to help your personal injury attorney build a strong case for full compensation of all damages and losses caused by the automobile accident.

Ways You Can Help Your Personal Injury Attorney

1.  Continue Your Medical Treatment

It is important for your health and your injury claim that you follow your doctor’s treatment plan. Documenting your injuries is an important element of a personal injury claim. Failing to show up for doctor’s appointments or follow your treatment plan could weaken your personal injury claim.

2.  Don’t Talk to the Insurance Claims Adjuster

Let your attorney handle all communication with the insurance company. Providing statements to the insurance claims adjuster could also weaken your injury claim. It is best to consult with an attorney before making any written or recorded statements to an insurance company after a car accident.

3.  Keep an Expense Log

Write down all expenses and financial losses you incur because of the automobile accident. Also, keep receipts of payments and proof of the expense, such as a bill or invoice. Expenses include medical bills, over-the-counter medications, medical supplies, and prescription medications. However, it also includes travel to and from medical appointments, help with household chores, and loss of income. Carefully documenting your expenses increases the chance you can recover compensation for those expenses when you settle your injury claim.

4.  Document Your Recovery

Keep a journal detailing your recovery, including pictures of your injuries. Your journal should include notes about things you could not do because of your injury, your daily pain level, and how your injuries impacted your ability to care for yourself and your family. You should also include notes about how your injuries affected your relationship with family and friends.

5.  Avoid Using Social Media

While you are recovering from your accident injuries, it is best to avoid using social media. Social media is not private. What you post online could become part of your personal injury claim. Unfortunately, a jury can misunderstand the meaning behind some posts, especially in the hands of a skilled defense attorney. It is typically best to avoid posting anything on social media while you have a personal injury case pending, including allowing family and friends to post information or pictures of you on their accounts.

Contact a Sacramento Personal Injury Attorney for a Free Case Review

Learn how our legal team can help you fight for the compensation you deserve after being injured in an automobile accident. Contact The Tiemann Law Firm by calling (916) 999-9000 or by visiting our website to schedule a free consultation with a Sacramento personal injury lawyer.

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