California is an at-fault state. That means the insurance of the driver who is at fault in the accident is on the hook for things like repairs and medical bills. But what if it really wasn’t either driver’s fault. For example, what if road debris was the primary cause of the accident? Here are some things you should know.
Examples of Road Debris
What are some hazards that you may encounter along the roadway? Here are a few examples:
- Traffic signs or cones that were left behind when road work was completed
- Potholes that have not been fixed
- Items that may have been dropped from the back of a work vehicle or moving truck and left behind
Who Is at Fault?
A few factors come into play. First of all, who was responsible for the road where the debris was located? Was it an Interstate or another roadway under federal jurisdiction? Was it a state road? Or was a road that is cared for by the local government such as a city?
Second, you need to determine if there was negligence. Was it a failure on the part of the government to clear the debris, or did it just occur right in front of you? You also need to be able to show that the debris is what caused the accident and any damages that resulted.
Personal Injury Lawyers in San Diego, CA
If you have been injured in an accident in southern California, the personal injury attorneys at Petrov Law Firm can help. Contact us today at 619-344-0360 to get started on your case.Read More
If you regularly ride a bike on the roads of Southern California, there is something you should know. While it is not a law, the recommendation is to have lights on your bicycle at all times, both day and night. Why is this the recommended practice, and how may it save your life?
Visibility Is a Must for Cyclists
Drivers are evermore distracted, and while that isn’t your fault, making yourself as visible as possible to drivers may just save your life. Cyclists are required by law to have a front lamp lit while driving at night. A rear red reflector is also required by law. However, anything you can do to make yourself even more visible is a good idea because motor vehicle accidents involving cyclists never turn out well for the cyclist. It’s a matter of “better safe than sorry.”
What if the Accident Is the Driver’s Fault?
If you have been injured in a cycling accident, especially if the vehicle driver was at fault, contact the personal injury attorneys at Petrov Law Firm. The lawyers at our San Diego and Chula Vista offices are experienced in auto accident cases.
If the vehicle driver was at fault, your settlement should include everything from medical costs and lost wages to pain and suffering costs. Before you sign anything from the insurance company, call 619-344-0360 to ensure you are being treated fairly and receiving what you deserve out of the settlement. We’re here to help!Read More
If you have been injured in a motor vehicle accident, you may be eligible to receive damages, especially if the other driver was negligent. What types of damages can be received? Here is a list of the losses you may be compensated for:
- Property damage – If your vehicle has been damaged, this can help to offset repairs. If it is damaged beyond repair, you should be compensated well enough to acquire a comparable vehicle.
- Medical bills – You should be compensated for existing medical bills as well as those you expect to accrue following the settlement.
- Lost wages – You may have already missed some work due to injuries. You may not even be able to work anymore. This will also factor into the settlement amount.
- Pain and suffering – Not all of your losses are material. What if you suffered emotional distress due to the accident? If you are now disabled or suffering from disfigurement, it may be difficult to place a monetary value on these damages. However, they should definitely be factored into the total.
Help in Receiving the Damages You Are Owed
If you have been in a car accident in the state of California, Petrov Law Firm can help you to receive the appropriate compensation. Never agree to a settlement before getting the assistance of a personal injury attorney so that the insurance company cannot shortchange you. Call our San Diego office at 619-344-0360 before you sign anything or accept any money. We are here to help!Read More
The NHTSA has released the numbers for 2016 traffic accidents and fatalities. What is the verdict for the state of California? It is officially the most dangerous state to drive in. How bad is it? What are the leading causes of traffic fatalities in California? What is your recourse if you have lost a loved on to such a terrible tragedy?
There are 50 states in the US, which makes California 2% of the nation. However, more than 10% of the fatal accidents in the country take place here. Now it is true that California makes up about 12% of the US population, so that skews the numbers a little. But driving is still one of the most dangerous things you can do in California. Why?
The two biggest dangers for drivers are speeding and distractions. One or both of these elements play into almost every fatal traffic accident in the state. Despite laws banning texting and driving, many still insist they know better. Others have been involved in fatal accidents while using social media and taking photos or videos while behind the wheel.
Compassionate Assistance for Those Who Have Lost a Loved One
If you have lost a family member in such a tragic way, our hearts go out to you. Please call 619-344-0360 to let the compassionate attorneys at Petrov Law Firm help you with your wrongful death suit. Our experienced team can help you to maximize a settlement. We know it won’t bring your loved one back, but we still want to help you to get what you need during your time of loss.Read More
The state of California is pure comparative negligence state. What does that mean, and how may it affect your personal injury settlement?
What Is Pure Comparative Negligence?
Pure comparative negligence refers to the assigning of a percentage of fault to each party in a case of injury such as a car accident. This means that the at-fault party will not be responsible for 100% of your expenses and losses (unless they are deemed to be 100% responsible for the accident, which is possible).
Let’s consider an example. Imagine you are struck in an intersection by a driver who runs a red light. It seems pretty cut and dry who is at fault. But what if you were speeding? The courts may determine that the other driver is only 75% responsible because if you were driving slower, you might not have been in the intersection when the infraction occurred. This could result in a lower settlement because the other driver is only on the hook for 75% of your medical bills, lost wages, pain and suffering, vehicle damages, and the like.
Helping You Navigate Your Personal Injury Case in Southern California
The personal injury attorneys at Petrov Law Firm can help you to maximize your settlement, especially if you have a basis for claiming the accident or injury was 100% the fault of the other party. Let us help you negotiate the best possible settlement by calling 619-344-0360 today.Read More
If you have been injured in the state of California, you may be due certain forms of compensation. For example, you may be able to recover medical bills that incurred due to the injury. You may even be able to get compensation for lost wages, pain and suffering, and to cover other damages.
But you have to act promptly. Why? California has statute of limitations laws that protect the offending party if you allow too much time to pass between the injury and the claim. Here are a few things you need to know.
Statute of Limitations by Claim Type
The type of claim dictates how quickly you have to build your case. Here are three examples:
- When a government agency is involved – If you have a claim against a government agency (you have a slip and fall accident in a government building, for example), you only have 6 months to make your claim.
- Personal injury – If you were in a car accident or suffered a personal injury in another way, you get two full years to make a claim. However, you still need to start building your case right from day one by seeking medical attention and then finding a lawyer to represent you.
- Property damage – Property damage claims have a three-year statute of limitations.
Filing Your Personal Injury Claim in Southern California
If you have suffered a personal injury in the state of California, now is the time to act. Petrov Law Firm has personal injury attorneys that service Southern California from our San Diego and Chula Vista locations. To learn more, call us today at 619-344-0360.Read More
If you love to run, you probably recognize the need to exercise caution in certain circumstances. Road conditions, vehicles that may be sharing the road, and neighborhood dogs can all be concerns depending on where you choose to get your exercise in. Today, we’re going to look at 4 safety tips for runners if you tend to encounter dogs on your route.
- Stay alert – Most dog attacks can be avoided simply by keeping out of the animal’s way. Don’t stray into a private yard or run too close to someone who is struggling to control a dog.
- Change your route – If a neighborhood dog seems dangerous, you may want to consider mapping out a route that doesn’t go near his family home.
- Keep your distance – If you can safely cross the street or in some other way avoid a dog that has gotten lose, putting the most distance between the two of you is always a good idea.
- Know the signs – Are the dog’s hackles up? Is it growling? Is it trying to challenge you by locking stares? While you may sometimes encounter a friendly dog on your daily run, don’t engage a dog that is clearly looking for a fight.
If You Have Suffered a Dog Bite in Southern California
If you have suffered a dog bite in California while running or performing any other activity, you may be due compensation for medical bills or other losses you might have suffered. To learn more, contact the experienced personal injury attorneys at Petrov Law Firm in San Diego by calling 619-344-0360.Read More
If you believe you have suffered a personal injury at the hands of a medical professional, malpractice may be involved. How can you know if you deserve compensation from the practitioner or facility where you were treated? Here are 4 requirements for a medical malpractice claim.
- You did not receive the proper standard of care – You can’t just be unhappy with the practitioner. You must be able to show that a minimum standard was not met. Doctors and other medical staff are not legally required to be perfect, so a degree of negligence must be involved.
- Your injury was caused by the practitioner – The medical staff is not responsible for illness or injuries that you suffered before seeking assistance. However, if the practitioner causes harm due to negligence, malpractice may be involved.
- You are a patient of the doctor – You can’t claim malpractice against another physician that your doctor may have consulted with. Only a doctor that you see as a patient can be guilty of malpractice.
- You must have suffered injury, damages, or losses – You can’t just be mad at your doctor for the way things were handled. Maybe you got a misdiagnosis, but if you later got the correct one, were treated properly, and suffered no losses, it’s not malpractice. You must have suffered harm, lost work, experienced increased medical bills, and so forth.
Personal Injury Attorneys in Southern California
For more personal injury advice, continue to read our blog on a weekly basis. To obtain the legal support that you need in the San Diego Area, call the Petrov Law Firm today at 619-344-0360.Read More
One of the things a person should be compensated for when a personal injury occurs is medical expenses that were incurred due to the injury. But what if your medical bills total $100,000 and yet you only pay $10,000 out of pocket due to medical insurance?
This is a tough question because while it may seem the defendant is being rewarded for you having medical insurance, they are only going to be on the hook for what you have to pay out of pocket. But what if you don’t bill your medical insurance or you see a doctor who is out of network to get your injuries cared for?
A recent case shows that you can get your medical bills covered as part of the settlement, even if you decline to use your insurance. So don’t feel obligated to get your injuries cared for in the cheapest way possible if someone else is at fault. At the same time, don’t hold off on using your insurance assuming that you will be compensated. If the court rules against you in such a case (even though there is now a precedent), you could be on the hook for all of those medical bills.
Help When You Have Been Injured in an Accident in California
If you have been injured in an accident of any sort, you need the help of an experienced attorney who can help you to maximize your settlement and receive compensation for your expenses and losses. The personal injury attorneys at Petrov Law Firm proudly serve the residents of San Diego and the surrounding neighborhoods. To contact an attorney today, call 619-344-0360.Read More
While California doesn’t have the toughest laws on distracted driving, there are a number of regulations in relation to cell phone use that you should be aware of if you are a driver. Here are some of the main things you need to know in order to drive safely and avoid a violation.
- If you’re under 18, you shouldn’t be touching or using your cell phone while driving. Even hands-free calls are off-limits for teens with limited driving experience.
- If you’re 18 or older, you still can’t text, but you can make hands-free phone calls.
- If you’re 18 or older, you can actually pick up your phone for a couple of seconds while driving, but only for the sake of dialing a number. Then you have to take the call on a headset or speakerphone.
- Cell phone laws only apply on public roads. If you are in your own driveway, on a private road, or driving through a field somewhere, you can use your phone as much as you want.
- If an emergency arises, you can call the emergency services, police, fire, etc. without having to make a handsfree call.
- Authorized drivers of emergency service vehicles don’t have the same cell phone restrictions as other drivers. Everyone should be giving these vehicles the right of way anyway, so the distraction should add minimal danger.
If You Have Been Injured in an Auto Accident in California
If you have suffered an injury while driving and need a personal injury attorney in Southern California, Petrov Law Firm is here to help. Just call 619-344-0360 today to get our experienced attorneys to help with your settlement.Read More