Being involved in an automobile accident is already one of the most stressful events in your life. When you're already reeling, learning that the other motorist doesn't have insurance or has only limited coverage seems like a hit in the gut. You may not be able to fully compensate for your injuries due to no fault of your own. What options do you have? Take a look at the article below to find an outcome for you and your coverages.
Liability insurance is the only form of coverage that California drivers are obliged to have. The minimal standards are $15,000 for single-person injuries, $30,000 for multiple-person injuries, and $5,000 for damage to property. While it may be sufficient for minor incidents, a serious injury can easily exceed those limits, especially if specific medical attention is required. This includes surgery or if you are unable to work for an extended period of time. As a result, if you are hit by a driver who only has the bare minimum of insurance – much alone a driver who has breached the law and has no insurance at all - their liability insurance may not be enough to compensate you. It is theoretically feasible to seize the assets of the at-fault driver, but this only works in practice if there are assets to seize, and drivers who do not have insurance typically do not have large assets. Uninsured and underinsured motorist coverage (UM/UIM) replaces or supplements the other driver's liability insurance if they don't have it. Uninsured/underinsured motorist coverage also covers you if you are hurt by a hit-and-run driver who is never identified; after all, an unknown motorist is uninsured by default. In California, you are not obligated to get UM/UIM coverage, but your insurance carrier must offer it to you, and you must deny it in writing. We strongly advise you to have this coverage; it's usually inexpensive, and the few dollars you save on premiums are nothing compared to the tens or hundreds of thousands of dollars it could be worth if you're hit by an uninsured or underinsured driver.
If you have uninsured and underinsured motorist coverage, your vehicle accident claim will proceed in the same way as any other, with your insurance company just acting as the other driver's insurer. Because California is a fault-based state, you must still prove that the other driver's negligence caused your injuries and that you suffered losses as a result of that negligence. If you don't have UM/UIM, we must make sure the insurance company offered you such coverage, as required by law, and that you declined it in writing. If this process isn't followed, they may have to cover your accident. We'll also look at additional options for reimbursement. The at-fault driver may have been covered by a family member's or employer's policy, or a third party, such as a vehicle manufacturer, which may have played a role in the collision.
You are not on your own in this predicament. This can be a time-consuming and fact-intensive procedure, but we put in the effort to investigate all possible coverage and coordinate benefits to help you get the most out of your rehabilitation. The goal is to enlist the help of an expert car accident lawyer as soon as possible. Contact KAASS Law immediately to discuss your legal options if you were injured by an uninsured or underinsured driver in California. We will do everything we can to assist you in finding a way ahead. Our legal experts will carefully examine your issue and determine the best course of action for you.
It's an unnerving feeling when you're driving and all of a sudden your car stalls. When you're stranded with an undriveable vehicle on the highway, oncoming motorists are likely to be speeding. If the motorist is distracted, inattentive, or intoxicated, they may not be able to maneuver out of the way quickly enough to prevent colliding with you. Low visibility, bad weather, or a motorist's view being blocked by a large truck ahead of them can all contribute to a collision with your already damaged vehicle. In this article we'll discuss what should happen if you find yourself stranded on the highway with a vehicle that is undriveable.
If you're on the highway, the dangers are greater because other drivers will be speeding past at high speeds. In California, roadside and shoulder of the road crashes involving disabled automobiles may occur in the following scenarios:
Intersections are usually dangerous since they have many lanes of traffic and pedestrians crossing the road with many drivers in vehicles who don't pay attention. A short error in judgment on the part of another driver is all it takes to transform someone's life forever. Drivers must be aware of their surroundings and other drivers on the road to avoid these crashes. Intersections with a high volume of traffic can pose greater risks because more people may be driving through at any given time. It is important for drivers to take caution when approaching an intersection to reduce the risk of an accident or injury.
Intersection collisions are frequently side-impact events in which one vehicle's front end collides with the driver or passenger side of another. Because the side of an automobile offers significantly less protection than the front and back, these collisions can be fatal. Vulnerable road users, such as cyclists and pedestrians, are commonly involved in intersection crashes. A split-second change in who had the right of way could determine who was at fault in a junction incident. Witnesses may vary as to which automobile entered the intersection first or what color the traffic signal was. Car accidents and collisions continue to occur at junctions throughout Los Angeles. You are entitled to compensation regardless of where you were harmed and whether or not a reckless driver was to fault.
One of several risks of tractor-trailers is that they are significantly higher off the ground than passenger cars, and a smaller vehicle can wind up sliding under the trailer in the event of a collision. This is known as an underride collision, and if you've ever been in one, you know how dangerous they can be. When the front of one vehicle collides with the rear of another, it is possible for the first car to go underneath or above the second car. This often results in severe injuries because there are not any parts on top to absorb energy from an impact like seat belts or airbags. Underride has the potential to crush entire cars, leaving victims with severe and disfiguring injuries. Unfortunately, far too many of these collisions result in death. If you've been seriously injured or lost a loved one, you're in for a long and difficult journey.
Naturally, when a truck is rear-ended, the trucking business will argue that the back vehicle's driver is to blame. After all, truckers are no more capable of regulating the vehicle in front of them than any other driver. The truck driver and the trucking firm, on the other hand, are responsible for ensuring that their vehicle does not pose a hazard to other cars, including those approaching from behind. The following are some of the reasons a truck driver could be at fault for an underride collision:
Pedestrian safety is a critical issue that deserves the attention of both pedestrians and drivers. Every year, thousands of pedestrians are injured or killed in accidents that could have been avoided with increased awareness and caution. In this blog, we will explore the importance of pedestrian safety, common causes of accidents, tips for staying safe, and what to do if you’re involved in an accident. Understanding these factors can help reduce the risks on the road and save lives.
Pedestrians are among the most vulnerable road users. Unlike vehicle passengers who have the protection of a metal chassis, seat belts, airbags, and other safety features, pedestrians have no such protection when involved in an accident. This lack of physical shielding makes pedestrians more susceptible to severe injuries, including broken bones, traumatic brain injuries, spinal cord injuries, and in the worst cases, fatalities.
The need for pedestrian safety is particularly urgent in urban environments where heavy foot traffic and vehicle congestion make accidents more likely. Whether you're walking across a crosswalk, waiting at a bus stop, or strolling along the sidewalk, it is important to be aware of your surroundings and take the necessary precautions to avoid accidents.
Sharing the road with others is a risk that is inherently obvious. We mitigate these risks with proper courses on avoiding collisions and having insurance, just in case. However, unfortunately, from time to time, there are situations where accidents do occur, and the person responsible doesn't have insurance. Lucky for you, prior to the accident, you decided to include Uninsured Motorist Coverage as part of your insurance policy! On the other hand, this can be unlucky for some that didn't know or get UMI coverage. Here at KAASS LAW, we strive to inform our readers and or clients about what types of insurance coverages are available. The following will shed light on what UMI does and why you should need it.
Uninsured Motorist Coverage is a very reliable option that you can have for your insurance policy. This entails that if you're in an accident with someone but they don't have insurance. Therefore, you can make a claim to your own insurance. Since you have coverage, having UMI will help you better when it comes to financial compensation. Normally, these compensations are from the damages against you by the responsible party that is held . It is also worth mentioning that coverage is similar to uninsured motorist coverage. For instance, it pays for bodily injuries suffered in a collision with a driver who does not have enough coverage to compensate for your injuries. Your underinsured motorist policy kicks in to assist cover the gap between the other driver's coverage and the entire amount of your losses.
It goes without saying, but getting in a car accident is the last thing on anyone's mind. Furthermore, the situation can be more stressful when the other driver decides to flee the scene and leave you in the dust. These types of scenarios are extremely dreadful, and on behalf of KAASS LAW, we don't wish this on anyone. Committing a hit-and-run is a serious offense in California, carrying major legal penalties for the responsible driver. Additionally, leaving victims after the accident is just disgraceful. At KAASS LAW, we are dedicated to providing clarity on the legal ramifications of hit-and-run incidents and offering guidance to those who have been a victim of this unlawful act. The following will aim at the legal codes of a hit and run, steps to take after the incident, and how KAASS LAW can help.
California Vehicle Code section 16025 makes it a crime to leave the scene of an accident without providing the following information (except under special circumstances, such as being under a lot of injury):
A rear-end collision between a semi-truck and a passenger vehicle is something that happens often. The first thing that comes to mind when you hear the words "rear-ended by a semi-truck" is most likely the severity of damage such an accident can cause. This is primarily due to the overwhelming size and weight of the semi-truck can pose a serious risk of catastrophic injury or wrongful death in an accident.
There are many causes for rear-end accidents involving semi-trucks. Some common causes as to why a semi-truck driver may rear-end another vehicle include:
Construction site accidents are fairly common. An injured victim may either file an insurance claim with the at-fault party's insurance carrier and/or a personal injury lawsuit against the at-fault party.
The plaintiff must be able to prove the following elements to establish negligence in a construction accident case:
In some cases, property owners are liable for the occurred accident on their property. According to CACI 1000 in a premises liability lawsuit, the plaintiff must be able to establish the following elements:
California is one of many states that are considered car-dependent. The kind of offer of lending your vehicle to another person is quite common. However, such an innocent act may result in accidents and injuries, given the circumstances. A typical question always pops up when you're in this situation: am I liable for this, even though I wasn't the driver? The state of California also recognizes a legal doctrine called negligent entrustment. Applying to the law, this can potentially hold the vehicle owner liable for damages due to permitting someone else to drive their vehicle. At KAASS LAW, we understand and help resolve these complex cases with our expert team. The following will aim to shed light on negligent entrustment in California, and we can offer legal services, given the opportunity.
Negligent entrustment means that you can be liable and legally responsible if you lend your var to someone you knew or should have known potentially driving negligent and or recklessly. Usually negligence falls under the person that initiated the act. However, this will go against your negligent decision to entrust the vehicle to an unfit driver.
The law of product liability may apply in a circumstance where the driver had meticulously maintained the vehicle but it was nevertheless inoperable due to a manufacturing defect. Injured victims in California who are involved in a disabled vehicle accident may be eligible for compensation from a variety of sources, including the vehicle manufacturer. The issue of whether a manufacturer is liable in the event of a disabled vehicle crash can be complicated. Manufacturers are not liable for accidents that occur due to driver error, but they may be if the disabled vehicle was caused by design flaws or manufacturing defects. Manufacturers are not always aware of design flaws or manufacturing defects, and it's difficult to determine who is at fault in these cases because many factors contribute to an accident. However, there have been instances where manufacturers were found negligent after incidents.
If you are trapped in the middle of the highway;
Dial 911 from your cell phone if you are in a risky situation.
Even if you share some of the blame for your handicapped vehicle accident in California, you may still be entitled to seek compensation from the other at-fault driver. However, the amount of compensation you receive will be proportional to your degree of fault. For example, even if you are 90 percent to blame for an accident, you can still recover 10% of the losses from the other at-fault person. California uses a "pure comparative negligence" rule in this regard.
If you or someone you know has been involved in a disabled vehicle accident, feel free to give our office a call and get the compensation you need for your case. To reach our office, dial (310) 943-1171.
Intersection accidents are caused primarily by driver negligence, not only in Los Angeles but throughout California. This is because they are primarily caused by driver negligence, not only at intersections but anywhere on the road. When drivers run red lights or stop signs, it increases their risk of having an accident. The following are the most typical reasons of intersection collisions: Failure to Stop at a Red Light - At a red light, all drivers must come to a complete stop. Failure to do so may result in a collision with drivers who have the green light or who are turning left. Also, before performing a right-hand turn, a driver must come to a complete stop. When drivers fail to do so before turning, they are more likely to miss oncoming vehicles or pedestrians attempting to cross, resulting in catastrophic intersection collisions. Accelerating to pass the Yellow light - A yellow traffic light warns vehicles that the light is about to turn red, indicating that they should slow down and stop. Los Angeles drivers, on the other hand, are frequently in a hurry and race through intersections in order to beat the light. Drivers frequently violate the speed limit, colliding with other vehicles in the intersection. Rear ending collision - Rear-end collisions are the most common form of car accident in Los Angeles, with majority of them occurring at junctions. Aggressive drivers behind them frequently rear-end drivers who slow down for yellow lights or fail to recognize that the light has changed from red to green. Making a left turn - Before proceeding with a left turn at an intersection, drivers must look for incoming traffic and pedestrians. Because left-turn accidents are so common in Los Angeles, arrow signals are being put at junctions to limit the amount of left-turn accidents. If you have been involved in an intersection collision, please do not hesitate to give us a call. Our attorney will be able to help you receive the right compensation for your case. Give our office a call at (310) 943-1171.
A third party, such as another motorist, may be held liable for an underride collision. For example, say an automobile cuts in front of the truck, prompting the driver to slam on the brakes, producing a chain reaction in which a vehicle coming behind rear-ends the trailer – especially if the rear driver couldn't see the hazard in front since the truck itself was blocking the view. Most significantly, even if the wounded motorist was at fault for the accident, trucking companies and vehicle manufacturers have an obligation to guarantee that the trailer is secured from underride. Underride protections are now standard on most tractor-trailers, although they frequently fail, especially if they are not properly maintained or if they are struck from an angle. Depending on the specifics of the case, an injured person may be entitled to file a lawsuit against the manufacturer for product responsibility or against the trucking business for negligent maintenance.
Truck collisions are typically high-stakes situations, but they're even more so when underride is involved. Multiple insurance firms are usually always involved: the cab and trailer each have their own policies, as do the manufacturer and any other parties involved (such as other involved vehicles). The idea is to take immediate action before legal deadlines pass and crucial evidence vanishes or is lost. We can begin protecting your rights and advocating for your needs as soon as you speak with an attorney. There will be more obstacles in your way, but you won't have to tackle them alone. To talk with an expert underride accident attorney about your case, contact us immediately.
Whether you're a pedestrian or a driver, there are several measures you can take to stay safe on the road:
The following steps can help ensure your safety and protect your legal rights:
It’s important to work with a law firm that understands the complexities of these cases. At Kaass Law, we are committed to helping pedestrians injured by others' negligence. We can investigate the cause of the accident, gather evidence, and ensure that you receive the compensation you deserve.
For more information on pedestrian safety and legal representation, visit our website at Kaass Law.
Collision coverage, which may be added to a car insurance policy, pays to repair your vehicle if you're in an accident, whether you're at fault, if the other at-fault driver is uninsured, or if you're hit by a hit-and-run driver. But remember that collision policy only covers the cost of repairing your automobile up to the limitations of your coverage, not your injuries. However, the period of time a policyholder has to file an uninsured or underinsured motorist claim depends on your policy. KAASS LAW can help and review if needed.
In this case, you can file a vehicle accident lawsuit, but even if you win, it may be a hollow victory. There's no assurance that if you get a judgment against an uninsured motorist, you'll be able to collect the money (or any portion of it). Due to the fact that an uninsured driver may not have many assets, enforcing the judgment may be a lost battle.
If you are involved in an accident with an uninsured driver and sustain injuries, you would typically file a claim with your own insurance company under your UM coverage. Here's a general overview of the process:
In addition to uninsured drivers, there's also the risk of being hit by an underinsured driver. Someone who has insurance but whose policy limits are insufficient to cover the full extent of your injuries and damages. California law also allows you to purchase Underinsured Motorist (UIM) coverage. This kicks in when the at-fault driver's insurance limits are exhausted, and your damages exceed their coverage. UIM coverage works similarly to UM bodily injury coverage, allowing you to seek additional compensation from your own insurer up to the limits of your UIM policy.
If you have been injured in an accident involving an uninsured or underinsured driver in California, KAASS LAW can help. We can help with opening up claims if needed and among many other performances such as:
Don't leave your financial future vulnerable to the actions of uninsured or underinsured drivers. Contact KAASS LAW today for a consultation. Our team is here to discuss your auto insurance coverage and how we can help.
If you cannot find the driver, compensation for the damages depends on your insurance policy coverage. Furthermore, if you have collision coverage, your insurance will cover your property damage. In addition, if you have Medpay coverage, your insurance will cover any medical bills you incur. Keep in mind, however, that Medpay will only cover the direct costs of your medical bills, and it will not compensate you for lost wages, pain, suffering, or emotional distress caused by the accident. If you have uninsured (UM) coverage, your insurance will pay for your bodily injury claim, which includes future medical expenses as well as pain and suffering. Depending on your limits, your uninsured motorist coverage will be able to provide coverage for injuries sustained by you and your passengers.
California Vehicle Code sections 20002 and 16025 make it illegal to flee the scene of an accident and withhold the required identification and insurance information from the other parties involved.
CVC 16025, requires drivers must share and exchange insurance information. A CVC 16025 offense is considered an infraction in California and is punishable by a fine of up to $250.
CVC 20002 makes it illegal to flee the scene of an accident where there is only damage to property and no injuries. It is considered a misdemeanor in California, however, it is common for these cases to be dropped, if the defendant pays financial restitution for the damages.
The penalties for violating CVC 20002 can include:
CVC 20001 makes it a crime to flee the scene of an accident where there are injuries or death. This is a felony offense in California that is punishable by:
Being the victim of a hit-and-run accident can be a frightening and frustrating experience. Here are crucial steps to take to protect your safety and legal rights:
At KAASS LAW, we are here for you. The following are some of the many things we normally offer:
Please contact us for a free consultation so may further help!
Commercial truck drivers are required to maintain a 'logbook" that records the "hours of service". In other words, this log contains the number of hours the drive has been driving. Semi-truck drivers hauling cargo have an 11-hour driving maximum after 10 consecutive hours off duty. Further, semi-truck drivers can work a maximum of 70 hours per week. A driver can then resume driving if they rest for 34 consecutive hours, including 2 nights. Furthermore, all carriers and drivers operating commercial motor vehicles (CMVs) must comply with "hours of service" regulations found in 49 CFR 395.
Driving a semi-truck with unmaintained or worn-out brakes is negligent. Commercial vehicles such as tractor-trailers and semi-truck are moving fast and burdened with a heavy load and therefore generally will need a lot more time to come to a full stop than any SUV. As a result, failing to routinely maintain commercial vehicle breaks will need even more time to come to a complete halt.
Step 1: Firstly, if you are involved in an accident, the first and most important thing to do is call an emergency response to request medical and police assistance. Step 2: Take pictures of the damage to the vehicles, the position of the vehicles, and the entire accident scene. If there is a debate as to how the semi-truck accident occurred, the damage and positions of the vehicles will help the police and accident reconstruction experts to determine what occurred. Moreover, taking a picture of the driver's logbook logs for that day is a plus. Step 3: Attempt to locate people who may have witnessed the collision. Get their name, address, and telephone number. Additionally, exchange information with the other driver, such as insurance information and driver's license information, vehicle registration, driver's contact, and employer information. Step 4: Seek the proper and immediate medical treatment as soon as possible. Going to the emergency room to be examined will ensure there are no internal or hidden injuries, as well as document your injuries. Step 5: Lastly, contact an auto accident lawyer immediately if you have been involved in a semi-truck accident.
A victim involved in an accident with a commercial truck can file a lawsuit against the at-fault driver and the commercial truck company. It is important to keep in mind that the tractor and trailer can have different owners. As such, it is important to ask the driver of the truck who owns the tractor and trailer.
As experienced litigators, we have successfully litigated various personal injury cases including complex personal injury matters. Above all, our attorneys possess the mastery it takes to successfully receive fair settlements during the claims stage of a personal injury case. Don’t accept low-ball offers from insurance companies. An injured truck accident victim may seek compensation for damages which includes:
If you or a loved one has been seriously injured or killed due to a negligent semi-truck driver it is crucial to seek advice from an experienced commercial truck accident attorney as soon as possible in order to preserve your claim and legal remedies. We invite you to contact our commercial truck accident attorney today at (310) 943-1171 for a free consultation.
Kaass Law will connect you with leading medical professionals in your area to diagnose and treat your injuries. If you are unable to pay for the medical treatment we can facilitate treatment on a medical lien basis. This means you pay nothing up front. As the conclusion of your case, your medical bills are paid from the settlement.
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Under California products liability laws, whoever sells designs, or manufactures a defective product is liable for caused injuries. According to CACI 1200, the following types of defects can be involved in product defect claims involve:
A product liability lawyer near you should be able to provide you with additional information.
There are a handful of parties that can be held responsible for construction accidents, which include:
Even if the injured person is partially liable for the accident, he can still file a lawsuit against others who were also at fault. According to CACI 405 an injured victim can still recover damages regardless of his percentage of fault, however, the plaintiff’s damages award will be reduced by the proportion of negligence.
People injured at construction sites can suffer different types of injuries, including:
Under California law, a plaintiff must file a lawsuit within a two–year period from the date of sustaining a construction accident injury.
In a successful claim, the plaintiff is entitled to compensatory damages, including economic and non-economic damages.
Recoverable economic damages in a construction accident include:
Recoverable non-economic damages in a construction accident include:
In case the defendant’s acted with malice, extreme recklessness, intentional or fraud, or oppression the plaintiff can also be entitled to punitive damages.
If you or a loved one has suffered an injury in a construction accident we invite you to contact our Glendale Personal injury attorney KAASS LAW at (310) 943-1171 for a free consultation and case review.
CCPC 193.8 states that: "An adult, who is the registered owner of a motor vehicle or in possession of a motor vehicle, shall not relinquish possession of the vehicle to a minor for the purpose of driving if the following conditions exist: (1) The adult owner or person in possession of the vehicle knew or reasonably should have known that the minor was intoxicated at the time possession was relinquished. (2) A petition was sustained, or the minor was convicted of a violation of Section 23103 as specified in Section 23103.5, 23140, 23152, or 23153 of the Vehicle Code or a violation of Section 191.5 or subdivision (a) of Section 192.5. (3) The minor does not otherwise have a lawful right to possession of the vehicle."
Some possible defenses to negligent entrustment include:
Additionally, one can argue that the car owner was not aware that the driver (who allegedly caused the accident) was not a reasonably safe driver due to having a clean driving record and possessing a valid driver's license.
While you can't control the actions of every driver on the road, you can take steps to protect yourself from potential negligent entrustment claims:
If you have been injured in an accident caused by someone driving a vehicle they were negligently entrusted with, or if you are a vehicle owner facing a negligent entrustment claim, it is crucial to seek experienced legal counsel. At KAASS LAW, our skilled attorneys can:
The concept and doctrine of negligent entrustment show a big key in the responsibility of the vehicle owner. By understanding this legal concept and taking action towards safety, both vehicle owners and those injured by negligently entrusted vehicles can navigate the complexities of California law. Contact KAASS LAW today for a consultation to discuss your specific situation and learn how we can help. Alternatively, to know more about negligence, especially gross negligence in California, KAASS LAW can offer guidance.