In California, compensation for motor vehicle accidents depends on fault. In most cases, it is easy to determine who is at fault in an accident if one driver was distracted or breaking the law and the other was not. However, there are other times when assigning fault is a little more complicated. For example, what if the accident was caused by road debris?
Road Hazards that can Cause an Accident
Here are a few examples of road hazards or debris that can contribute to a collision:
- Potholes – A driver may not see the pothole and could hit it, thereby damaging a tire. Or a driver may end up in an accident while trying to avoid a dangerous pothole.
- Road work – When road work has been performed, traffic cones, signs, or other debris may be left behind accidentally by workers.
- Dropped items – When a truck is being used to haul items, something may fly off the back without the driver noticing.
What Determines Fault?
Here are a few things that can determine who’s fault the accident is:
- Where was the road hazard and who is responsible for it ending up there?
- Whose jurisdiction is the road? There are federal, state, and locally maintained roadways.
- Was negligence involved in leaving the debris, or did it get dropped as you arrived?
- Was the road hazard the cause of the damages?
San Diego, CA Personal Injury Attorneys
If you have been injured in an accident involving a road hazard or debris, contact Petrov Law Firm to determine if you deserve compensation. We can help you to calculate your damages and to determine where the blame lies. Call 619-344-0360 to get started today.Read More
California is a fault state. This means that when an accident occurs, a percentage of fault is assigned to each driver. How does this affect personal injury claims? It has to do with a term called pure comparative negligence.
How Pure Comparative Negligence Works
When someone is 100% at fault for an accident, the other party can receive compensation for medical bills, pain and suffering, vehicle damages, lost wages, and more. But what if the drivers share responsibility for what happened? Consider this example.
Let’s say you are driving down the road when a driver who was distracted by texting slams into you. That seems pretty cut and dry. It is illegal to text and drive. The other driver was distracted and hit you. But what if you were speeding at the time? Now you may share a percentage of blame. If you were driving the speed limit, the distracted driver might have missed you. Therefore, you may only get compensation for 70% or 80% of your losses instead of 100%.
Car Accident Attorneys in Southern California
If you have been in an accident, you need the best car accident attorneys in order to maximize your settlement, especially if you bear some fault. Petrov Law Firm – located in San Diego, North County, and Chula Vista – can help. Our expert personal injury attorneys can assist you to determine what your real losses are and how much of the blame can be placed on the other driver. To learn more, call 619-344-0360 today.Read More
California may not have the toughest smartphone laws for drivers, but there are definitely a few things you should know before you get on the road with a mobile device. Here are some tips for avoiding a traffic violation (and for general safety since these laws are in place to keep drivers from being distracted).
- For drivers under the age of 18, be sure to tuck your phone away and leave it there until you arrive at your destination. 18-year-olds are not even allowed to make hands-free calls while driving in California.
- For drivers over the age of 18, hands-free calls are okay. However, you still need to avoid sending or even reading texts while driving.
- For drivers over the age of 18, you are allowed to pick up your phone to make a call. Just be sure you have a headset, use the speakerphone option, or have the phone connected to your car via Bluetooth. The only thing you are allowed to hold your phone for is dialing.
- California’s smartphone laws only apply to drivers on public roadways. If you are in your own driveway or a private lot, you are allowed to use a phone. Just be cautious because if you hit another car in a private lot while talking on your phone. It may not be illegal, but it can still make the accident your fault for being distracted.
Car Accident Attorneys in San Diego, CA
If you have been injured by a distracted driver in California, you may be due additional compensation for medical bills, missed time from work, and other damages. To learn more, speak with the experienced personal injury attorneys at Petrov Law Firm by calling 619-344-0260.Read More
Whether you drive for a living, commute to work every day, or just drive when you need to, driving while drowsy is a problem that you have to pay attention to. Each year, there are more than 1 million car accidents in the US that are related to falling asleep while driving.
Even if you don’t fall asleep at the wheel, being tired while driving can still have major consequences. Consider the following three concerns that driving while drowsy causes according to the CDC:
- Reaction time is decreased – When something unexpected happens, your reaction time can make the difference between a near miss and an accident.
- Inhibited decision-making ability – Can you make that yellow light before it turns red? Is that driver moving slowly enough for you to pull out in front of him? While drowsy, you may make a wrong choice.
- Reduced attention – Distracted driving is enough of a problem without drowsiness making it tougher to focus.
As you can see, being tired behind the wheel can be a real danger to you and others. Therefore, if you are feeling sleepy, please pull over and take a nap rather than trying to push through. It is better to be an hour or two late than never to arrive at all.
Have You Been Injured in a Car Accident in California?
Unfortunately, despite repeated warnings, car accidents occur every day where one of the drivers was at fault due to something like being too tired to be at the wheel. If you have been hurt by a drowsy or otherwise incapacitated driver, call Petrov Law Firm today at 619-344-0360. We help accident victims in southern California to attain the best possible settlement.Read More
Distracted drivers cause accidents that can lead to serious injury or even fatalities. How can you protect yourself and your passengers? While you can’t control other drivers, you can do your best to ensure that you are not distracted while operating your vehicle. Here are some common distractions to avoid.
- Phone – Whether a person is using a phone legally or illegally, it is still a distraction. The best thing to do is let a passenger hold your phone during the drive. If you are alone, any calls or texts can wait. If you are expecting an important call, be prepared to pull over.
- Dashboard dining – Eating at the wheel can be a big distraction, especially if it is something like a big messy burger, which is what most people stop for when on the road. Try to eat before you leave for a drive and plan time to stop and get out during long trips. It will be good to stretch your legs anyway, and it’s safer than eating and driving.
- Media – From books, magazines, and newspapers to music and video content, we are inundated with media on a daily basis. Music isn’t a bad form of media for a drive as long as you are not distracted playing with the radio dials. Reading and watching videos should wait until you arrive at your destination.
Car Accident Injury Attorneys in San Diego
If you have been injured by a distracted driver, you need the help of our California personal injury attorneys. Call Petrov Law Firm today at 619-344-0360 to learn how we can help to ensure that you receive a fair settlement.Read More
Fault in California car accidents is how the courts determine which driver’s insurance covers medical bills and other expenses. Here are some of the mistakes drivers make that can lead to serious car accidents that are completely their fault.
- Driving under the influence – Whether it is alcohol, drugs, or even some forms of prescription medication, it is always illegal to be under the influence while driving. This is particularly important to remember for drivers who were happy to see marijuana legalized in the state. Remember: it is still illegal to use marijuana while driving, to have marijuana open and accessible in the vehicle, or to be under the influence of this drug while driving.
- Speeding – This the leading cause of car accidents, including fatal accidents. Always obey the posted speed limit, especially in road construction areas.
- Distracted driving – While smartphones are the number one distraction in our technological era, there are many other ways to be distracted while driving. Everything from lighting up a cigarette to putting the finishing touches on makeup can be what takes a driver’s eyes off the road long enough for an accident to occur.
Car Accident Injury Attorneys in Southern California
If you have been injured in a car accident, the personal injury attorneys at Petrov Law Firm can help. Insurance companies always want to settle for the lowest amount possible to protect their profits, so you want an experienced lawyer in your corner to help maximize your settlement. Before you agree to anything, call 619-344-0360 to learn how we can help.Read More
When someone is injured, you may wonder who should be held responsible for the medical bills and other losses the injured person may have experienced. Let’s see how this question applies to some of the more common ways in which individuals are injured in Southern California.
- Car Accidents – Automotive accident injuries are extremely common and often lead to major medical expenses. However, California is a fault state, so liability is determined by the percent of fault the various parties share.
- Slip and Fall Injuries – Whether you slip on wet tile or trip over a run in the carpet, what needs to be determined is whether the property owner caused the issue, knew about the issue, and had enough time to respond to the issue.
- Dog Attacks – Dog bites are probably more common than you think. Children are the most likely to be bitten, so it is vital to monitor the interactions between children and animals. If a dog bite occurs, the owner may be culpable depending on the circumstances.
Personal Injury Lawyers in Southern California
If you have been injured in any of the ways mentioned in this article, the personal injury lawyers at Petrov Law Firm can help. We have experience in helping the victims of car accidents, slip and fall accidents, and dog bites receive a proper settlement. To learn more, schedule a consultation with our conveniently located San Diego and Chula Vista offices today. Just call 619-344-0360 to get started.Read More
No one wants to be in a car accident, and that is why Petrov Law Firm offers safe driving advice. Here are a few tips for driving when road conditions are the most dangerous.
- Rain – Sometimes we forget that rain can make the roadways very slick. Be sure to leave extra space between you and other drivers, especially at highway speeds, and slow down more than usual when taking corners so you don’t hydroplane.
- Dark – Driving at night can make it difficult to see road hazards as well as pedestrians who may not be properly dressed for a nighttime walk. Keep your headlights in good shape and be sure to switch from hi-beams to low-beams for oncoming drivers.
- Construction – Speeding in a construction area could lead to having the blood of a construction worker on your hands. Always follow posted instructions when driving in a construction area. Even if no accident occurs, remember that penalties for breaking the speed limit are much greater in construction areas.
- Potholes – A pothole can destroy your tire. If you can avoid a pothole safely, do so. If not, it is best to strike the hole straight on and as slow as possible. The side walls of your tires are weaker, so a last-minute turn of the wheel could result in a blowout. If a warning light comes on after going through a pothole or if you feel a wobble, pull over immediately to check your tires.
California Car Accident Injury Lawyers
If you do find yourself needing a California car accident injury attorney, contact the Petrov Law Firm at 619-344-0360. We can help you to maximize your settlement and get the compensation that you deserve.Read More
Each year, the National Highway Traffic Safety Administration (NHTSA) releases a report on traffic safety statistics. In September 2016, that report was based on data regarding electronic device usage by drivers during the 2015 calendar year. Here are some of the shocking statistics they recorded involving hand-held device use while driving (which is illegal in most states).
- From 2014 to 2015, the number of drivers caught using their handheld devices stayed roughly the same at 2.2%.
- The greatest increase in handheld device usage while driving was spotted in rural areas and among drivers whose passengers were all at least 8 years of age.
- In the 25-69 age group, the percent of drivers using handheld devices while driving increased from 2.0% to 2.1%.
- In the 18-24 age group, the percent of drivers using handheld devices while driving increased dramatically over the past decade from 0.5% in 2006 to 4.9% in 2015.
What are young drivers doing with those devices? Some are texting or making phone calls. Others are taking selfies. Some are even on social media, live streaming their driving experience. However, this leads to real dangers. The NHTSA also reported that 3,450 people died in fatal accidents due to distracted driving and another 391,000 were injured in crashes due to these risky behaviors.
If You Have Been Injured By a Distracted Driver in Southern California
If you find yourself or a family member injured due to a distracted driver, call the personal injury attorneys at Petrov Law Firm. We can help you to seek compensation for medical bills, lost work, and other damages. To get started on your case, call 619-344-0360 today.Read More
Driving distracted is responsible for thousands of deaths each year. The state of California has laws in place to discourage this practice when it comes to the use of cell phones by a driver. Here are the ones you should know about.
- Since 2008, hand-held devices cannot be used while driving. If you are over 18, you can use a hands-free device.
- There is no texting and driving whatsoever in California. This law was passed in 2009 and includes the writing, sending, and reading of text messages.
- As noted above, the law prohibits those under the age of 18 from even using a hands-free device while driving.
While these laws should instill the importance of avoiding distracted driving, many drivers still seem to insist that those laws are in place for someone else and that they can drive distracted without consequences. If you ever find yourself in a vehicle with someone who allows themselves to be distracted by a mobile device, don’t be afraid to speak up – you may just save a life.
Car Accident Injury Attorneys in San Diego
If you are injured in an auto accident in the San Diego, California area, Petrov Law Firm can help. Speak to one of our experienced and compassionate personal injury attorneys today by calling 619-344-0360 to schedule an appointment. We can help you to recoup your losses, especially if the driver who caused the accident was distracted by a cell phone.Read More