In a no-fault state (there are currently 12 in the US), every driver is required to carry insurance that covers his or her own expenses should an accident occur. California is a fault state. What does this mean?
In a fault state, the insurance of the driver who is responsible for the accident pays the expenses. Therefore, if you admit that you ran a red light and hit another car, your insurance will be paying for the other driver’s damages including medical bills, car repair, and even pain and suffering caused by the experience.
When Accident Blame Is Shared in a Fault State
In a fault state, since accidents are paid for by the offending party, what happens if both sides share some blame? The powers that be may decide either on an even split or on another percentage. For example, if the other driver ran a stop sign, but you panicked when you should have been able to get out of the way, they may assign a 70-30 or 80-20 split. In this case, you would recover most of your losses from the other person’s insurance, but your insurance would have to cover the rest.
Why You Need a Car Accident Attorney
In a fault state, proving blame can make a huge difference in the settlement amount with an insurance company. Having a personal injury attorney on your side can help you to maximize your settlement. In southern California, drivers can trust Petrov Law Firm to put our experience to work for you. Call us today at 619.344.0360 to get your case started.Read More
If you live and drive in California, you need to know the smartphone driving laws so that you remain safe and don’t end up with a fine. However, many people misunderstand the rules. Here are a few common misconceptions.
- All drivers can make hands-free calls in California – For most drivers, this is the case. However, if you are under 18, you can’t use your phone at all. The best idea is to keep it turned off or in “do not disturb” mode while you drive, so you are not tempted to break the law.
- You can pick up your phone at a red light – Maybe you got this idea because you see people do it all the time, but it is definitely illegal. You can’t pick up your phone for any reason while driving, and that includes while idling at a red light. Also, breaking this rule is particularly annoying since it causes people to miss the light change and affects traffic (besides being a safety issue).
- You can’t touch your phone at all while driving – Actually, this one is not true as well. If the action you wish to take requires one tap or swipe, you can do it. Just don’t pick the phone up or let it distract you so much that you get into an accident.
San Diego Car Accident Lawyers
If you have been injured in an accident, especially if the driver was distracted, the San Diego car accident lawyers at Petrov Law Firm can help. Call today at 619-344-0360 to get your case started.Read More
The National Highway Traffic Safety Administration estimated that in 2013 and there were 800 deaths, 44,000 injuries, and 72,000 accidents that resulted from driving while drowsy. However, the CDC believes that this is a gross underestimate, citing fatal accidents at 6,000 per year. If that’s true, there may be hundreds of thousands of accidents and injuries each year, all of which are easily avoidable by getting some rest before getting on the road or pulling over if you get tired.
Here are three factors that make driving tired so dangerous.
- Slower reaction times – Drivers need quick reactions to avoid dangers both in the road and from other drivers. A drowsy driver is less likely to have the ability to avoid an accident due to slowed reflexes.
- Inhibited thought processes – Driving involves tons of split-second decisions. Should you pull out in front of that car? Do you need to start breaking? Is it safe to change lanes? A tired driver is more likely to make the wrong choice.
- Limited attention span – A large percentage of accidents are due to distracted driving. A tired driver is less likely to be able to ignore a distraction and stay focused on the road.
Car Accident Injury Lawyers in San Diego
Sadly, drowsy driving still happens. This and other driving mistakes lead to many accidents and injuries. If you have been injured by a drowsy or distracted driver, Petrov Law Firm can help you get the settlement that you deserve. Call us today at 619-344-0360 to get your case started.Read More
Sadly, the majority of car accidents are due to driver error rather than actually just being accidents. How can you avoid making some of the most common mistakes that lead to crashes? Here are three things to watch out for.
- Speeding – Speeding is at the root of the highest number of car accidents, especially those that result in deaths. Speed limits are posted for a reason, and there’s nothing wrong with driving even slower if the weather is bad.
- Distracted drivers – From texting to eating and applying makeup to lighting up a cigarette, there are tons of things that can distract a driver. While all distractions may not be illegal, you should still avoid being distracted when behind the wheel.
- DUI – Don’t drink and drive. Also, remember that marijuana use may be legal in California, but you still can’t drive high. Even some prescription medications require caution when it comes to operating a motor vehicle. If you’re not sober, you’re not up to driving.
San Diego’s Car Accident Injury Attorneys
When a car accident occurs, California law requires that fault be determined. The more you can prove it was the other driver who was at fault, the larger the settlement from the insurance company can be. Not only can you receive compensation for medical expenses, but you may also be able to collect damages for lost wages and any emotional pain and suffering that the experience caused for you. Call 619.344.0360 today and let the experienced personal injury attorneys at Petrov Law Firm help.Read More
Car accidents can be the cause of serious injuries and even death. That is why it is particularly important to drive safely when there are dangerous road conditions. Here are several situations that call for extra caution on the part of a conscientious driver.
- Bad weather – Rain, snow, or ice can make roads extremely dangerous. Be sure to leave extra room between you and the car in front of you in any of these hazardous conditions.
- Nighttime – Driving at night can be particularly dangerous. Be sure to switch to your low beams when there are cars coming in the other direction and watch out for cyclists and pedestrians who may have forgotten to wear something reflective.
- Road work – Be sure to obey the traffic signs in construction areas. They are for the safety of both drivers and workers. Road work particularly requires caution when it is being performed at night.
- Road hazards – From potholes to debris in the road, there are plenty of obstructions that can damage your car. If you can’t swerve, slow down as much as you can. For potholes, your tires will absorb the hit the best if you are going straight ahead. The side walls of your tires are not as sturdy.
Car Accident Injury Attorneys in San Diego
If you have been injured in a car accident in the San Diego Area, call the experienced personal injury attorneys at Petrov Law Firm. We can help you to receive the settlement you deserve, so call 619-344-0360 without delay.Read More
If your state isn’t hands-free yet, the laws are probably coming. Mobile device use while driving is resulting in many distracted driver accidents. In California, it is already illegal, and drivers under the age of 18 are not even allowed to use mobile phones in a hands-free manner. Here are some stats that show a shameless disregard for these laws.
- In 2015 approximately 2.2% of drivers were caught driving illegally using a handheld device.
- For the 18-24 age group, that figure is a shocking 4.9%, revealing that younger drivers seem more comfortable breaking this law to use a cell phone while driving.
- The biggest increase in handheld device usage occurred among drivers in rural areas.
- Drivers with children under the age of 8 were the least likely to break the law regarding hand-held devices.
The offenses ranged from making calls to reading and sending texts. In 2015, it was reported that 391,000 accidents occurred due to distraction and risky behaviors like those mentioned here. Distracted drivers were also to blame for 3,450 deaths during that calendar year.
Injuries Due to Distracted Drivers in California
California is a fault state, so the insurance of the distracted driver should be on the hook for medical bills, lost wages, and any pain and suffering that was caused, especially if the result was a wrongful death. The compassionate personal injury attorneys at Petrov Law Firm are in your corner to help you get what you deserve from the insurance company that will likely try to settle for as little as possible if you don’t have assistance. To get in touch about your case, please call us today at 619-344-0360 to schedule an appointment at any of our Southern California offices.Read More
If you live in the state of California, there are laws in place to protect you from distracted drivers. Of course, to get the full benefits of that protection, you need to obey the laws yourself. Here are a few things you should know so that you are never distracted by your phone while in the car.
- Don’t hold your phone while driving. A hands-free law is in effect for drivers who are over the age of 18.
- Never text and drive. It is extremely distracting and illegal. It is not just the typing and sending that is restricted. You should never read a text while driving either. Some phones give you an option to have an automated response while driving so people know not to expect a return message until you arrive at your destination.
- If you are under 18, you are still learning to drive. Therefore, all cell phone use is illegal while driving, even hands-free use. This will allow you to get used to being on the road without any distraction at all.
San Diego Car Accident Attorneys
If you have been injured in a car accident in the San Diego area, especially if the other driver was distracted, the experienced personal injury attorneys at Petrov Law Firm can help. When an injury occurs in a car accident in the state of California, assigning fault plays a key role in maximizing compensation. To learn more, give us a call today at 619-344-0360 to schedule a consultation.Read More
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