Personal Injury Attorneys San Diego Tag

California Laws Dealing with Injuries to Children on Private Property

If your children are more active in the community during the summertime, it is important to teach them about the dangers of wandering onto someone else’s property without permission. The best way to deal with injuries is to avoid them in the first place. However, if your child has been injured on another person’s property, here are a few things you need to know.

Laws Dealing with Negligence that Apply to Children

Some California laws have changed regarding liability when it comes to trespassers. In the past, California laws about trespassers who suffer injuries didn’t apply to children, especially if the court deemed that the situation that the child was drawn toward as something particularly attractive to children (a friendly looking pet, a pool with no fence, etc.).

Those laws were done away with many years ago. However, landowners are still expected to foresee potential dangers, even one’s that may affect a person with no business being on their property. The courts apply this even more so when a child is involved. As a result, injuries on private property are handled on a case by case basis.

Getting Help in a Personal Injury Case

That means it more important than ever to have an experienced personal injury attorney on your side when dealing with such situations. The compassionate attorneys at Petrov Law Firm hate to hear about any child suffering from an injury, and we are happy to help families seek the compensation they deserve. To learn more, please call 619-344-0360.

The Importance of Earnings Documentation in Personal Injury Cases

Whether a person can no longer work due to injuries or the situation is that of a wrongful death case, one of the primary considerations in determining damages would be the potential future earnings lost. However, proving lost wages requires the right documentation. Here are some things you should know.

Documents that Prove Lost Earnings

The right documents can make determining an amount of lost wages a much easier process. For example, some paperwork that could prove a person’s earnings include:

• Income Taxes
• Pay Stubs
• Direct Deposit Transactions
• Business Receipts

These documents help to put an exact figure on what a person earned in the past and could expect to earn in the future.

Factors that May Affect Loss of Earnings Settlements

The biggest no-no, in this case, would be getting paid off the books. If someone took payments in cash and never reported them or paid taxes on them, a judge may eliminate the value of lost earnings as part of the case. Other issues may arise if a person was self-employed. He may have made $100,000 a year in revenue, but if $30,000 in business expenses meant he only paid taxes on $70,000 a year, that smaller figure would be used to determine earnings.

Setting the Right Figure in Loss of Wages Settlements

Whether you are facing a personal injury case of a wrongful death case that is costing your family future income, the compassionate lawyers at Petrov Law Firm can help you to provide the right documentation to establish wages and maximize the amount you are entitled to. Money can’t replace your loss, but it can help ensure that financial issues don’t compound your grief. Call 619-344-0360 to discuss your situation with one of our experienced attorneys.

How Social Media May Hurt Your Personal Injury Settlement

If you think for one second that an insurance company you have a claim against isn’t browsing your public social media profiles – guess again! What are they looking for? Here are some social media mistakes to avoid that can hurt the value of your personal injury settlement.

What Social Media Posts an Insurance Company Hopes to See

When an insurance company is browsing your social media profiles, the goal is to find something they can use to force you to take a smaller settlement. Let’s look at a few hypothetical examples of how this might work.

• Evidence of a Faked Injury – If you are on crutches or wearing a neck brace in the courtroom but not in all of your social media pictures, opposing counsel may try to use this as evidence that your injury is being faked. Don’t think you can get away with it simply by making all of your accounts private. A judge may require that you turn your account names and passwords over to the insurance company as evidence.
• Evidence of a Less Severe Injury – You may claim that your injury is keeping you from being able to work, but what if you have pictures out partying, playing sports, or enjoying a vacation that flies in the face of how injured you claim to be? It will be tough to explain to a judge that you were able to play ball for an hour just because you were feeling good on that one particular day. It’s better to sit out until the case is settled, and certainly don’t post pics if you do anything that might make you seem healthier than you are.

Avoiding Damaging Social Media Mistakes During a Personal Injury Case

If you have suffered a personal injury, seek the assistance of the attorneys at Petrov Law Firm. We can help you to avoid making critical errors that might get your claim denied or a settlement cut. To maximize your claim and receive the monetary damages you deserve, call 619-344-0360 right away.

Apply These Tips to Prevent Distracted Driving Accidents

Distracted driving is one of the primary causes of car accidents across the country. In 2015, 3,477 fatalities occurred in accidents involving a distracted driver. What can you do to remain undistracted while at the wheel of your car? Read on for some potentially lifesaving tips.

Always Keep Your Eyes on the Road

How fast can a distraction turn into an accident? Accidents due to distracted driving usually occur within 3 seconds of the distraction. That means it is vital always to keep your eyes on the road. What are some distractions that take a driver’s eyes away from the road for those crucial seconds?

• Checking a mobile device – Be determined not to be distracted by a mobile device while driving. If you are in a fatal accident, you will never get to reply to that text. Better to leave it until you arrive at your destination. You can pull over for emergency calls or texts.
• Adjusting radio stations – Many cars now have buttons on the wheel to help a driver change stations with minimal distraction. If you have a passenger with you, it’s better to allow him or her to be the DJ.
• Conversations in the car – It’s okay to talk to your friends while driving, but be careful not to become so engrossed in the conversation that you are turning to look at your passengers. Avoid emotionally charged conversation that can be even more distracting.
• Eating or drinking – Trying to open a wrapper on a fast food burger can pull your eyes off the road long enough for an accident. It’s better to take a few minutes in the parking lot to eat if you don’t have time to go inside a restaurant.
• Applying makeup – Apply makeup before leaving the house or in the parking lot after arriving at your destination.
• Smoking – If you can’t make it to your destination without lighting up, it’s better to pull over for a few minutes than to smoke and drive. Best of all would be to break the habit.

If You Have Been Injured by a Distracted Driver

In 2015, distracted drivers caused 391,000 injuries. If you have been injured by a distracted driver, you may be entitled to far more compensation that what the insurance company will initially offer you. Before signing anything or accepting a settlement, consult a personal injury attorney at Petrov Law Firm to ensure you are getting what you deserve. Call 619-344-0360 to schedule a consultation now.

New Wireless Device Use Laws in California

Updated Sections of the Wireless Device Law

Updates to the law are as follows:

• Holding a mobile device while driving is now an offense.
• The device may be touched but must be mounted to the windshield (in a manner similar to a GPS).
• The driver can only use his hands to swipe or tap to turn on voice or hands-free operations.
• Voice commands and other hands-free device controls are still allowed.
• Penalties start at $20 and increase based on the number of offenses.

What does this mean for car accidents? If a person is in violation of these new laws and injures someone in an accident, this now adds to the driver’s accountability.

If You Have Been Injured by a Driver Using a Smartphone

If you have been injured by a driver who was illegally using a smartphone when the accident occurred, you may be eligible to receive compensation. Damages may include repair costs, medical care costs, and pain and suffering.

To learn more, call the Petrov Law Firm to schedule a consultation. Our personal injury attorneys are skilled at determining the right amount of compensation owed in this type of case. If you need someone in your corner to help you receive the proper amount in damages, call 619-344-0360 today.

Watch Out for Motorcyclists as California Moves Toward Legalizing Lane-Splitting

What is lane-splitting? Perhaps you’ve noticed in heavy traffic that is slow moving or stopped, motorcycles will sometimes drive on the dashed line between lanes to pass vehicles. You’ve probably seen it happen often enough that you may have already thought this was a legal maneuver. Recently, California law has acknowledged this practice for the first time, authorizing the California Highway Patrol to develop safety guidelines regarding lane-splitting. The bill does everything but plainly say the practice is legal.

What Does This Mean for Drivers?

It’s already important to look out for motorcyclists. One study performed in California revealed that nearly 6,000 motorcycle accidents occurred in a 15-month period. Interesting, about 17% of those accidents were related to lane-splitting. Now that the practice has been all but legalized, vehicle drivers need to be more conscious of this maneuver than ever.

Regardless of how you feel about the safety of the practice, its acceptance by California legislation could lead to larger settlements for motorcyclists injured while lane-splitting legally.

If You Have Been Injured While Lane-Splitting

If you are a motorcyclist who has been injured while lane-splitting legally, you may be deserving of compensation from the offending driver or from an insurance company. Whether your bike is damaged, you have mounting medical bills, or you need compensation for the pain and suffering you sustained due to the accident, Petrov Law Firm can help you to receive your due compensation. Call 619-344-0360 to get your claim started today.

Accidents Are Common on California Traffic Circles

Roundabouts are a unique way to deal with traffic patterns and California is making extensive use of this method with many new traffic circles currently under construction. Unfortunately, for drivers that are not used to seeing a roundabout, accidents can be common, especially while entering or existing the traffic circle. Here are a few tips for navigating this type of road safely.

Navigating a Roundabout Successfully

Here are 4 tips based on guidance from the California DMV:

1. Always look for and follow signs as well any pavement markings that give direction on how to navigate the traffic circle.
2. Be sure there is enough room for you to enter traffic safely before pulling into the roundabout in moving traffic.
3. Whether you are entering the traffic circle, leaving it, or changing lanes while circling, always use the appropriate turn signal to let other drivers know what you intend to do. However, you can’t assume other drivers will make room for you simply because your signal is on.
4. If you miss your exit, go around. Never stop abruptly or cut across traffic.

Even if you are comfortable driving on roundabouts, remember that other drivers may not be, so you should watch out for erratic driving such as cars breaking hard, changing lanes without signaling, or entering the traffic circle without yielding.

If You Are Injured in a Car Accident

If you do experience an accident while navigating a traffic circle or any other roads in California, contact Petrov Law Firm. Our personal injury attorneys are experienced with traffic accident cases and can help you to know if you may be eligible to receive additional compensation from insurance companies or other drivers. Call 619-344-0360 to get started.

Helping Your Teen to Be a Better than Average Driver

At the same time, you realize that this is an important step in your child growing toward adulthood and being able to handle responsibilities. Thus, the focus should be on preparing your child to be a good driver. Here are a few tips to help you.

Giving Your Child the Best Training

While you want to discuss safe driving tactics before ever getting in the car, there is no substitute for practice. Be sure to train your child to drive in various conditions. For example, you don’t want your child to drive in the rain for the first time without any supervision. Go someplace safe where you can show your teen that it takes longer to stop in the rain.

Other conditions to practice in include driving after dark, driving on a foggy morning, and driving on a road that is not paved. Be sure to teach good habits for driving in parking lots, on city streets, and other places where pedestrians and cyclists may be around. This is not only for your child’s safety but also for the safety of others.

Getting Help After an Automobile Accident

You should also train your child what to do should an accident occur. Even adults can have a difficult time dealing with such a trauma, so teens need advanced training. We hope your son or daughter is never in an accident, but if it occurs, we want you to know that the Petrov Law Firm is here to help your loved one receive all of the deserved compensation. We’re only a phone call away from providing the help you need. Just dial 619-344-0360.

Fog and High Speeds Lead to Day of Dangerous Crashes in California

Unsafe Speeds Lead to Car Accidents

Several weeks back, we wrote a blog about the role speeding plays in road fatalities. Fortunately, there appear to be no fatalities in the recent series of accidents noted above. The fact is, however, that many of the accidents could have been avoided entirely if drivers had left extra time and driven slower in accord with the unsafe foggy conditions.

We want to encourage all of our clients and blog readers to check road conditions and drive accordingly. However, if you ever are injured in a car accident, especially if the other driver seems to have been speeding or violating other traffic laws, we’re here for you.

Personal Injury Attorneys in San Diego

The Petrov Law Firm has offices conveniently located in San Diego and Chula Vista. If you have been injured in a car accident, our personal injury attorneys can help you to receive the full compensation that you deserve. Please call 619-344-0360 to schedule a consultation. Our knowledge of personal injury law and history in dealing with insurance companies can help you to receive the best possible financial outcome.

Shocking California and San Diego Accident Fatality Stats

Statistics from recent years show a shocking number of deaths due to automobile accidents throughout California and in the San Diego area. Add this to a 2016 statistic, that Americans drove over 50 billion miles more in the first half of 2016 than 2015, and you have the recipe for continued increases in some already shocking figures.

California Fatal Crashes in 2015

In 2015 alone, 3,176 people died in car accidents in California. This was the second most total deaths in any state in the US. Also, California led US states in the number of car occupants who died in crashes. 37% of fatalities, over 1,100 people, died in a car. Also, 23% of deaths were pedestrians, and 14% were riding motorcycles.

San Diego Fatality Statistics

Going back just a couple of years to 2013, we can narrow the statistics to specific counties. San Diego had the 3rd most fatalities, after LA and Orange County, with 10,400. And this is just the tip of the iceberg as far as the number of injuries and the amount of damage done by vehicle accidents.

Help for Those Who Have Been in a Car Accident in San Diego

If you have been in a car accident in the San Diego area, or anywhere in southern California, contact the personal injury attorneys at Petrov Law Firm. Also, our compassionate wrongful death attorneys can handle your case if you have lost a loved one tragically in a car accident. Please call 619-344-0360 to get started today.