accident lawyer san diego Tag

Common Accidents that Lead to Wrongful Death Cases

One of the most sensitive situations we work with at Petrov Law Firm is wrongful death cases. If you have lost a loved one in a tragic accident, we want to offer our condolences to you. We also want to let you know that if the death resulted from one of the following accident types, we may be able to help surviving family members receive financial compensation for your loss.

• Car accidents – If the other driver is to blame, you may be able to file for a wrongful death suit.
• Industrial accidents – Whether the death was caused by unsafe working conditions or a lack of proper training, you may be able to receive compensation.
• Product defects – If there was a known defect with a product that was sold or if the instructions for the product failed to explain safe usage, this may lead to a wrongful death case.
• Medical malpractice – From incorrect dispensation of medication to missing an obvious diagnosis, there are plenty of ways that your loss can be directly linked to malpractice on the part of a healthcare professional.

Compassionate Assistance for Grieving Families in Southern California

Of course, there could also be other situations where a company or individual is at fault in a fatality due to negligence or other reasons. Therefore, the best thing to do is to speak to a professional attorney who is experienced with wrongful death cases. To go over your situation with one of the compassionate lawyers at Petrov Law Firm, call 619.344.0360 today.

How Does California Being a Fault State Affect Personal Injury Claims?

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.

The Difference Between Fault or No-Fault States for Drivers

State-by-state car insurance works either under the presumption of fault or no-fault. What is the difference, and which regulations apply in the state of California? Read on for some important info if you are ever injured in a car accident.

What Is At-Fault Insurance?

At-fault insurance means that every accident will have a driver who is deemed the one to blame for the incident. Even if one driver is considered 51% in the wrong and the other 49%, someone has to be chosen as the at-fault driver. This means one driver’s insurance will be responsible for the other driver’s injuries. Your liability insurance will pay for the other driver’s injuries if you are at fault, and your insurance will only cover your injuries if you have personal injury protection (PIP) insurance.

What Is No-Fault Insurance?

In no-fault states, each driver’s insurance will cover his or her own injuries regardless of who caused the accident. In these states, PIP is mandatory (except in KY, NJ, and PA where a person can opt-out in writing). If you cause an accident, your liability coverage will still pay for the other driver’s car, so the no-fault coverage really just applies to injuries.

What Kind of State Is California?

Only 12 states have no-fault insurance, and California is not one of them. The good news is that if you are in an accident and the other person is at fault, your insurance premiums should not increase (in no-fault states, both drivers are affected). The downside is that the at-fault driver’s insurance may contest their driver being at fault, which could delay a payout.

Getting Help in an At-Fault Insurance Case

Whether the at-fault driver’s insurance is dragging their feet paying damages or offering way less than you should be receiving, Petrov Law Firm can help. Out personal injury attorneys specialize in car accident cases, so you can be confident of getting compensated for medical bills, lost wages, pain and suffering, and the like.  Just call 619-344-0360 to schedule your consultation.

What to Do if You’re Injured During an Uber Ride

As Uber becomes a more popular service in San Diego and across the nation, it only makes sense that more people might find themselves getting a ride through the popular service when an accident occurs. What can you do to be properly compensated if an injury occurs? Here’s what you need to know.

What California Law Requires from Uber

The company itself carries a million-dollar policy to cover cases of personal injury or wrongful death should one of their drivers be at fault. That means while your Uber driver may have personal insurance as well, it will be Uber’s insurance that should cover your settlement.

What if the other driver is at fault? Then it would be the other driver’s insurance that needs to cover your damages due to the accident. But don’t worry about what will happen if the other driver isn’t carrying insurance. Uber’s insurance covers for uninsured or underinsured drivers. That means if the at-fault driver has no insurance or not enough to cover your expenses, Uber’s insurance will take over.

Thanks to California state laws, you don’t have to worry about what will happen if you are in an accident during a ride. You know there are funds to cover your medical expenses and other damages. Now you just need to the right personal injury attorneys to help you maximize your settlement.

If You’re in Need of a Personal Injury Attorney in San Diego

Petrov Law Firm can provide you with the experienced legal counsel you need when an injury occurs in a motor vehicle accident. Contact us today by calling 619-344-0360 to schedule a consultation.

What Happens if an Uninsured Driver Is in an Accident in California?

First of all, California state law makes each individual driver financially responsible for liability in case of an accident. That means that each driver either needs to have car insurance or needs to care for this responsibility in another manner. For example, you don’t have to have liability insurance if you leave $35,000 cash on deposit with the DMV. Most people don’t have that kind of money lying around, so insurance is how we maintain financial responsibility.

However, there are times when a person may be in a car accident while driving without liability insurance. What happens if that person is you? What happens if that person is the driver who crashes into your car?

If You Are in an Accident with No Insurance

Remember that the other person probably does have insurance and get his or her info. That insurance company still needs to cover you. The fact that you don’t have insurance doesn’t waive the other person’s liability insurance from having to pay for your medical bills and possibly other damages.

If the Other Driver Doesn’t Have Insurance

You probably noticed a fee in your monthly premiums for an uninsured or underinsured driver. In other words, your insurance should have you covered, even if the other driver has no insurance or an insufficient amount of insurance to cover your medical bills. Check your policy to make sure you have this coverage.

Protect Yourself from Insurance Issues After an Accident

Hiring the right personal injury attorney can help you to get what you deserve from whichever insurance company you deserve it from. That’s where Petrov Law Firm steps in and gives you peace of mind. We have experience in getting insurance companies to pay what they really owe you following an accident, rather than the stingy first offer that most make (if they offer to pay anything at all). Just call 619-344-0360 to get your case started today.

Identifying a Concussion Following a Car Accident

One mistake that many accident victims make is telling a police offer that he or she is fine when asked if okay following a car accident. Unfortunately, concussions – a common effect of car accidents – can cause mental confusion. As a result, you may think you are okay when you have actually suffered a head injury. Since the officer doesn’t know you personally, he or she has no way to know if you are acting oddly.

This makes it important to see the doctor after a car accident. A medical professional should be in a better position to identify a concussion. For your information, here are a few things to look out for.

Symptoms of a Concussion

Concussion symptoms are many and varied. Some may appear immediately following the head injury while others may happen days or even weeks later. Here are some possible immediate symptoms of a concussion:

• Headache
• Confusion
• Tinnitus
• Memory loss
• Fatigue
• Nausea and vomiting
• A “deer in the headlights” look
• Slowed response to questions
• Slurred speech

Symptoms that may occur in the days following a concussion could reveal post-concussion syndrome. These signs include:

• Memory problems
• Personality changes
• Irritability
• Insomnia
• Depression and/or anxiety
• Sensory sensitivities
• Vertigo or dizziness

Why Medical Care Is Important

Since some of these symptoms may not occur until later, it is important to have already established with your doctor that you been in an accident. Even if you have been given a clean bill of health, watch out for the above symptoms in the coming months.

Another important thing to keep in mind is not signing any kind of settlement until you have let enough time to pass to know if you are okay or not. If you accept payment from an insurance company and sign a settlement, and then new symptoms arise and lead to medical bills, it’s too late to go back and get reimbursed.

November—The Most Dangerous Month for San Diego Drivers

However, if you are in an accident, especially if an injury occurs, it is important to follow a few guidelines at the scene.

• Get the Authorities Involved – If you want to get money from your insurance company, the police have to be involved so that a report can be filled out. Even if there is little to no damage to the vehicle, you may have physical injuries that will only be covered if a police report is filled out properly.
• Get a License Plate Number – This is especially important if it seems like the other driver is going to leave the scene. The police can track down the other driver by means of the plate number and ensure that you get justice.
• Create Your Own Documentation – By using your smartphone to take pictures of the accident scene, you can create your own report that may help when it comes to determining fault. Try to get street signs in the pictures, so the exact location is clear. Document damage to the vehicle. You may even video record the other driver if they seem under the influence or if they are hostile toward you following the accident.
• Hire an Attorney – You don’t want to attempt to get damages for your injuries on your own. The lawyers at Petrov Law Firm are here to help you hold drivers accountable for the losses you have suffered. Call 619-344-0360 to get started today.

Discerning the Extent of Head Trauma After a Motorcycle Accident

Signs of a Concussion or Other Head Injury

Here are four warning signs that you may have suffered a greater injury than you thought:

1. Nausea and vomiting – Granted, anxiety related to an accident can cause this condition as well, but you should see a doctor to rule out internal bleeding.
2. Sudden exhaustion – If you are struggling to stay awake immediately following an accident, that’s a bad sign. The adrenaline from the traumatic experience should have you wide awake.
3. Problems with speech – If you are suddenly experiencing difficulty coming up with the right word or people say your sentences sound like nonsense, it could be a sign of a traumatic brain injury. Concussions often cause problems with speech or language.
4. Concentration issues – If you are suddenly having trouble concentrating after the accident or you find yourself just wandering aimlessly, this could indicate head trauma.

Seeking Due Compensation After a Head Injury

Be sure to contact us at the Petrov Law Firm if you have been in a motorcycle accident in southern California. You can reach our experienced personal injury attorneys by calling 619-344-0360. We can help you receive the compensation you deserve after a head injury.

Nix These 3 Car Accident-Causing Driving Distractions

Texting

Texting while driving is one of most dangerous types of distractions. This is because checking, reading and answering text messages all require three types of attention: visual, manual and cognitive. When you have to focus all three types of attention on your mobile device, you are no longer able to keep your focus on driving, the road, and potential road hazards. According to a driver distraction study conducted in 2009, your eyes will be off the road for at least 5 seconds when you read a text. If you are driving at 55 miles per hour, you are driving the length of a football field–all without watching the road!

If you absolutely can’t wait to read or send a text until you get to your destination, wait until you can come to a complete stop in a parking lot or other safe area—not a stop light—and then pick up your phone.

Connecting to the Internet

It’s not just texting that is causing major driving distraction to modern drivers anymore. The rise of smartphones has led to an increasing amount of car accidents caused by people accessing the internet from their phone. Connecting to websites such as Facebook, Instagram, Twitter, YouTube, Vine, and Snapchat while driving is just as distracting and dangerous as reading and sending text messages, because they require all three types of your attention and can keep your eyes off the road for significant periods of time. In 2016 alone, there have been several high profile cases of drivers who have caused accidents while using these internet websites and apps during driving; apps which encourage people to record themselves while driving, such as Snapchat, Instagram and Vine, are especially dangerous.

Do not use your mobile phone to connect to websites or apps while you are driving. Always wait until you are at a complete stop in a parking lot or other safe area—again, not at stop lights—before making the connection.

Adjusting Music Players

Most people think nothing of fiddling with their iPod or shuffling through a stash of CDs or keeping a finger on the radio while tuning through each station for something they like. But like texting, these types of actions can require too much of your attention—especially if you are visually looking at your music player or CD collection.

Instead of shuffling through music during your drive, pick a CD, playlist or favorite radio station and stick with it until you arrive at your destination.

Car Accident Caused By Item Falling Off A Truck

Usually, trucking companies are responsible for properly securing items to a truck while the driver is liable for any havoc caused by objects falling from a moving truck. While these laws may vary from state to state, both truck drivers and trucking companies generally have some liability.

— Car Damage —

Drivers who fail to secure items properly in their trucks put other road users in danger. Whether the driver is hauling garbage, pipes, construction materials, furniture or equipment, all truck drivers are responsible for ensuring that their cargo does not cause injury to others. If falling objects cause an accident, the truck driver and the trucking company may be legally responsible for any damages incurred by the victims.

If you were driving behind a truck carrying timber or other bulky items that fell and damaged your car, you might be eligible for compensation for the damages done to your car; from repair costs to paying for a rental car until your car is fixed.

Truckers are obligated to ensure the safety of other drivers; this includes properly securing their loads. Failing to properly secure a truck load can lead to negligence claims, which renders the truck driver responsible for damages incurred. Some truck companies try to decrease their responsibility by placing signs on the backs of their trucks warning drivers not to follow closely. In spite of any claims that the trucking company is not responsible for damage caused by falling items, they’re still legally responsible for not properly securing the items.

— Working with the Right Injury Lawyer —

Most of these trucking companies have lawyers who will attempt to mitigate their responsibilities in your accident. Working with an effective car accident law firm is a good way to ensure that you have adequate representation when filing a lawsuit. In some instances, the driver’s insurance company or the trucking company may try to intimidate you into taking a low settlement. It is imperative not to talk to the other insurance company without your lawyer in attendance.

Filing a lawsuit may appear intimidating, but drivers and trucking companies must be held liable for damages caused by poorly secured cargoes. They have a responsibility to pedestrians and other drivers to share the road cautiously and without causing injury. When there’s a breach in this responsibility, you may have a cause to file a lawsuit.

The car accident lawyers at Petrov Law Firm have settled many cases of car accidents caused by items falling off trucks or debris on the road. Contact Petrov Law Firm today if you are an injury victim.