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
Driving while drowsy is a common issue in the United States, especially when it comes to truckers. If you have ever fallen asleep at the wheel or felt like you may do so, here are some statistics that should convince you to take a nap before getting on the road.
Did you know that more than 1 million accidents that occur on US roads each year are directly related to falling asleep at the wheel? Then you have to add to that figure the number of accidents that are related to being drowsy which causes a person no longer to be alert. This can decrease response times in emergency driving situations and lead to an accident occurring when a person would normally have been able to stop, swerve, or perform other evasive maneuvers.
According to the CDC driving drowsy can result in the following three issues for drivers:
- Decreases the ability to make good decisions (i.e., “Should I pull out in front of that car?”)
- Decreases reaction times
- Inhibits ability to pay attention (as if drivers didn’t already have enough distractions)
Hopefully, this is enough to convince you to pull over and take a nap, but what about other drivers on the road?
If You Have Been Injured by a Drowsy Driver in California
If you have been injured in a car accident due to a driver being drowsy or even falling asleep at the wheel, contact Petrov Law Firm right away at 619-344-0360. Our personal injury lawyers specialize in car and truck accidents, and we can help you to receive the compensation you deserve.Read More
California was ranked among the top 6 states for traffic safety laws according to a recent study performed by the Advocates for Highway and Auto Safety. What laws are in place that protect California residents? Are there any laws that could be added to increase safety further? How many fatalities occur on California roads despite these laws? Read on to learn the answers.
California State Laws that Protect Drivers
California lawmakers have adopted numerous laws to show that safety is important in the state. For example, seat belts are required for all drivers and passengers, including those in the back seat of the vehicle. Motorcycle riders are required to wear helmets. Infants and toddlers must be in a rear-facing seat at least through age 2, and there is a booster seat law in place. Other important laws include a ban on open alcoholic containers in the vehicle as well as a ban on texting and driving.
Other Laws Suggested in the Report
Of course, there are still states that have stricter laws when it comes to certain habits, and the report listed some that could be of benefit in California. For example, while texting and driving is banned, many states have a law against all hand-held devices. This would further reduce distractions for drivers. California also does not yet require ignition locks for all offenders of impaired driving laws.
If You Have Been Injured on California Roads
While no system of driving laws is perfect, one of the most highly trafficked states has been able to keep the 10-year fatality statistic at 31,750. Of course, many more are injured in accidents. It is estimated that accidents cost the state nearly $20 billion per year. If you have been injured in an automotive accident, seek the compensation you are owed by calling 619-344-0360. The personal injury lawyers at Petrov Law Firm will be happy to assist you.Read More
Distracted driving results in many accidents, injuries, and even deaths on California roads each year. We’re going to look at 5 common things that distract drivers. Then we will provide information on what you should do if you have been injured in an accident with a distracted driver.
- Smartphones – Oh sure, there is a law that you can’t text and drive. But that doesn’t stop some drivers from being distracted by cell phone use. As of yet, there is no completely hands-free legislation in California.
- Music – Whether a driver has an old-school CD player or is scrolling on a mobile device to select a song, playing music in the car can be distracting to a driver. It is preferable to get your music playing before you get on the road. If you have passengers, let one of them DJ for you.
- Food and Drink – Dashboard dining can be a major distraction, especially if you are eating something messy. Taking your eyes off the road or hands of the wheel for just a second can be all it takes for an accident to occur.
- Reading – Texting and driving may be the most modern form of reading and driving, but it is not the only way reading distracts drivers. Whether it is a newspaper, magazine, or book reading and driving is never a good idea. Get an audiobook
- Videos – More and more vehicles have a video entertainment system. That’s fine for kids in the backseat. Just keep the video out of the view of the driver so he or she is not tempted to watch along.
If You Have Been Injured by a Distracted Driver
The personal injury attorneys at Petrov Law Firm are here to help if you have been the victim of a distracted driver. To learn more, contact us today at 619-344-0360. Before you sign any settlement from an insurance company, it is important to seek legal advice so you get the full compensation you deserve!Read More
If you have been injured, you may wonder how you will receive compensation for your medical bills, lost work, and other expenses that you incur. The solution will be related to the answers to the following three questions.
What Type of Injury Did You Suffer?
There are a number of different ways that may have sustained a personal injury. Some of these possibilities include:
- Car accidents
- Dog or other animal bites
- Slip and fall accidents
The way you were injured is important because different California state laws will dictate who is at fault for the injury and how the expenses will be covered.
When Did the Injury Occur?
Why is the timing of the injury important? It is because California state law has a statute of limitations on seeking compensation for an accident that leads to injury. As a result, it is important to seek legal assistance as soon as you can following such an injury.
Who Is Responsible for the Injury?
Finally, you need to determine if there was any fault or negligence on the part of someone else that led to your injury. Most defending lawyers in a personal injury case will try to make a case that blame is shared due to various factors. You want someone in your corner who can ensure you are fully compensated for your losses.
Personal Injury Lawyers in San Diego, California
If you have been injured in southern California, contact the personal injury attorneys at Petrov Law Firm. We have the experience and ability to help you maximize your settlement. Call 619-344-0360 today to get started.Read More
The CDC used 2013 figures to illustrate just how much fatal car accidents cost California residents every year. We’re not talking about the emotional toll that these deaths take on families. These numbers strictly represent the financial toll. The figures may prove shocking to you.
- $38 Million – This represents the medical costs left behind by patients who died in car accidents in the state of California in 2013 alone.
- $4.44 Billion – This staggering number is the amount of work loss costs incurred by these accidental deaths. Take, for example, the husband, father, and businessman who doesn’t make it home from work one evening. His family has lost perhaps decades of his income.
Of course, there is no way to calculate the impact of such tragedies in mere numbers. That’s why wrongful death plaintiffs often receive more than just medical compensation and compensation for loss of future income. Pain and suffering, as well as emotional losses, also need to be considered, and that can lead to settlements that provide well for a family during the long time of emotional healing that needs to take place following such a catastrophe.
Compassionate Lawyers for Your Wrongful Death Case in California
Petrov Law Firm has the compassionate lawyers that you want on your side during a wrongful death suit. Please remember though that time is of the essence when you have a case like this. As a result, we encourage you not to delay in calling our San Diego office at 619-344-0360.Read More
When a car accident occurs, the priority is to care for the injured. Then it is time to assign blame. This can determine if someone gets ticketed, whose insurance is responsible for the bill, and even if a lawsuit will occur. Here are five reckless things that people do behind the wheel that lead to accidents.
- Alcohol – Don’t drink and drive is a slogan even children know by heart, but that doesn’t stop people from getting behind the wheel after they’ve had a few.
- Speeding – This is what is behind just about every accident on the road. Even if there are also other factors like poor road conditions or being distracted, many accidents could still be avoided if people just obeyed the speed limit.
- Smartphones – Texting while driving is illegal in almost every state (get with the program Arizona, Missouri, and Montana), but really any smartphone use is going to distract a driver. In California, any handheld use of a smartphone is banned while driving.
- Distractions – Besides just smartphones, there are a lot of other things people do while driving that distracts them. Everything from eating and drinking to smoking and applying makeup can lead to a motor vehicle accident.
- Red Lights – Red means stop. It doesn’t get any clearer. Whether a person is distracted, driving too fast, or trying to “squeeze the lemon” on a yellow light that is long gone, running a red light can turn into a serious accident in a hurry.
If You Have Been Injured in a Car Accident in California
If you have been injured in a car accident in California, the personal injury attorneys at Petrov Law Firm can help you to receive the proper compensation for your losses. Before you sign anything from an insurance company accepting a settlement, give us a call at 619-344-0360. We can help you to maximize your settlement and avoid being cheated by a lowball insurance settlement.Read More
Car accidents are one of the most common causes of personal injury in the state of California. We’re going to take a closer look at three of the most common causes of car accidents so that you have the best chance of protecting yourself and your loved ones.
- Alcohol – Drunk driving is not only related to accidents involving injuries, but it is particularly associated with auto accident fatalities. The smart move is to call a taxi, Uber, or just let a friend be a designated driver, especially around the holidays when the frequency of drunk driving accidents spikes.
- Speeding – Nearly all auto accidents go back to speeding. Whether the driver is distracted, drunk, or running a stop sign, the collision still usually has to do with speed. Always drive the speed limit, and give other drivers who are willing to break the law a wider berth when they try to pass.
- Hazardous weather conditions – From low visibility due to fog to rain and slippery wet roads, there are all sorts of weather conditions that make it more dangerous to be on the road. If you have to be out in the bad weather, be sure to use proper defensive driving techniques, and leave extra room between you and the vehicle in front of you.
If You Have Been Injured in an Auto Accident in California
If you or a loved one has suffered an injury in an auto accident in the state of California, the personal injurie attorneys at Petrov Law Firm can help you to receive a proper settlement rather than the ridiculous first offer that most insurance companies make. To learn more, call our San Diego office today at 619-344-0360.Read More
If you have ever seen the countdown clock come up on a crosswalk sign and thought, “I would have had plenty of time to get across,” you may get to test that hypothesis in 2018. That’s right, starting on January 1st, it is no longer jaywalking to head out into the crosswalk after the countdown with the flashing hand has started. The catch is that you still have to make it to the other side before the countdown ends, so you can’t dally along the way.
How may this affect safety? Let’s take a closer look at what this means for both drivers and pedestrians in the state of California.
“On Your Mark, Get Set, Cross!”
The problem with instituting this new law is that many pedestrians already get hit by cars in California each year. It often occurs when a pedestrian enters the crosswalk suddenly and a driver isn’t expecting it. This new law may increase the odds of that happening. After all, if a pedestrian sees the countdown clock and knows he either must run across before it hits zero or wait until the next light, what is the likelihood he will look both ways if he’s in a hurry and only has seconds to traverse the street?
This places a heavier burden on drivers to keep an eye out for pedestrians who may try to slip across the road during those final countdown seconds. Even if an accident is 100% the pedestrian’s fault, a driver may still feel guilty for the rest of his life if a person is injured or even killed while he is at the wheel.
If You Have Been Injured in a Car Accident
If you have been injured in a car accident, especially as a pedestrian following the state guidelines, you may be entitled to compensation beyond just any medical bills you incur due to the accident. To see what other loses you can recoup, call Petrov Law Firm today at 619-344-0360.Read More
AAA’s Center for Driving Safety and Technology recently teamed up with University of Utah researchers to examine the dashboards of 30 modern vehicles so as to determine how frequently these dashboard displays took a driver’s vision of the road and how much of a driver’s cognitive function had to be allocated to operating the display. The shocking results revealed that this technology, designed to provide modern conveniences, may be a major distraction for drivers.
Distractions – A Primary Cause of Modern Car Accident Injuries
Music itself doesn’t seem to be a major distraction for drivers. In fact, many auto manufacturers have begun integrating radio controls into the steering wheel so that drivers never have to take their eyes off the road to hear their favorite tunes. Unfortunately, the rest of the functions of the dashboard display continue to grow and now include complicated menus for control of the thermostat, GPS navigation, and other interactive components.
Fighting to Stay Focused on the Road
Being able to pair your smartphone with your car is great until the first time it doesn’t work and you find yourself fiddling with the dashboard trying to fix it while driving. Text message support may keep people from picking up the smartphone while driving, but sometimes speaking a message and struggling with the voice commands can be just as much of a distraction. This is a case where instead of encouraging a person to wait until they arrive at their destination, new technology just finds a different way to distract the driver. The fact is that maintaining focus on the road and off of technology is the best way to avoid an accident.
If You Have Been Injured in a Car Accident
If you are the victim of an injury due to a distracted driver, you need to get the right medical treatment, and you deserve to be compensated for those costs and other losses that may occur as a result of the injury. Petrov Law Firm has experienced and compassionate personal injury lawyers who can help you to recover your losses. To learn more, call 619-344-0360 today.Read More