Category Archives: Car Accidents

Tips for Driving Safely After Quarantine

Car accidents can happen at any time to any person on the roadways. Our nation has now faced an unprecedented modern crisis due to the global pandemic of COVID-19. As a result, many states and counties have made the decision to have their residents shelter-in-place and quarantine. After quarantine measures are lifted, you may want to reconsider how and when you drive, as your health and safety may depend on it.

Overworked Emergency Rooms

If you are in a serious accident, there is a significant chance you may have to receive emergency treatment for your injuries. Oftentimes, medical conditions need to receive an evaluation by a medical professional or additional medical complications or even death may occur. As a result, ambulances typically arrive on the scene of a car accident and are ready to take any victim who needs emergency medical evaluation to an emergency room. However, many states are feeling the serious burden of patients suffering from COVID-19. Emergency rooms as well as hospital beds are reaching capacity in many different areas around the country. If you suffer injuries as a result of a car accident, you will be placed in an environment that likely has had COVID-19 patients, causing you additional health risks. Also, there may simply not be enough room for you in a hospital depending on its current capacity and staffing levels.

Drive Safer After Quarantine

Make sure that no matter how you drove prior to quarantine or shelter-in-place ordinances, that you take extra care on the roadways. Some tips for driving safer after quarantine include the following:

  • Drive slower and obey all traffic signals and signs
  • Check your mirrors
  • Stay out of the way of anyone that appears to weave through traffic or exhibit road rage
  • Never drink and drive
  • Put away your cell phone and avoid texting or talking while driving.

The last thing you want is a car accident, and given the current climate in the United States, the last place you want to be is in an emergency room.

Additionally, even if you do not need emergency medical treatment, if you suffer injuries or losses as a result of a car accident, the process to file a personal injury case in a courtroom may be slower as courts are overwhelmed and often shut down or have reduced hours. As our entire society learns to live in this “new normal,” your best course of action is to stay as safe as possible, and only drive when necessary.

Contact an Experienced Car Accident Attorney

If you were involved in a car accident recently, many procedures have changed with respect to filing a personal injury lawsuit in court. We are prepared to handle your case and ensure your legal rights are protected. Our office can visit with you by phone or video conferencing. Even though there is a global pandemic, you have the right to still receive compensation if you suffered injuries as a result of someone else’s negligence. Contact the experienced attorneys at The Law Office of Daniel H. Rose at 415-946-8900 or online today.

What Happens Next If You Can’t Identify a Hit and Run Driver?

Being involved in a car accident is always stressful and overwhelming. This only intensifies if the other driver involved in a car accident makes the decision to leave the scene of the accident. While being involved in a car accident is not illegal, making the decision to leave the scene of a car accident in which you were involved is actually a crime. If you suffered injuries related to a “hit and run” accident, you should understand that you still have legal rights.

California Penalties for Hit and Run Accidents

California law Vehicle Code 20002 VC specifically addresses misdemeanor hit and run accidents and makes it a crime in the State of California to leave the scene of an accident in which you were involved. Every person must provide their name, contact information, and insurance information after being involved in an accident in the State of California. If a person fails to do so and leaves the scene of the crime, then the person may be charged with a misdemeanor. If there was a serious accident that involved physical bodily injury or death, then the State of California will charge Vehicle Code 20001 VC, which is a felony charge.

Receiving Compensation Following a Hit and Run Accident

If you suffered injuries related to a hit and run accident, you may still have the ability to file charges against the other driver if the police are able to discover their identity through an investigation. In this case, the car accident insurance claim or personal injury case would move forward, and you would have the ability to receive compensation for medical expenses, property damage, lost wages as a result of being unable to return to work, and pain and suffering.

Uninsured/Underinsured Insurance Claims

If the other driver is not found through an investigation, you may still be able to receive compensation for your injuries. While you are required to have car insurance coverage in the State of California, you are not required to have uninsured or underinsured insurance. All car insurance companies in California are required to offer these types of insurance, but a driver has the legal right to refuse to pay for these additional coverages.

If you are involved in a car accident with a hit and run driver, you may have the right to receive compensation from your own insurance company through uninsured coverage if you selected this type of insurance coverage and protection. Visiting with your insurance company directly is typically the best practice in order to determine your coverage and if you have this type of insurance in your policy.

Contact an Experienced Car Accident Attorney

If you were involved in a car accident and the other driver leaves the scene of the accident, you may still have the legal right to pursue compensation for your injuries and losses. Contact the experienced attorneys at The Law Office of Daniel H. Rose at 415-946-8900 or online today.

Who Is Liable When You Are Hit by a Delivery Driver?

Delivery drivers often carry substantial loads and are on a tight time schedule with strict deadlines. As a result, some truck drivers fail to appropriately follow speed limits and traffic rules in order to reach their destination as quickly as possible. The Federal Motor Carrier Safety Administration (FMCSA) established very specific regulations regarding large commercial trucks as well as any trucks that deliver goods that meet certain specifications. If you suffered any kind of injury or losses as a result of being hit by a delivery driver, there are several different parties that you may have the legal right to hold liable.

Delivery Trucks

Delivery trucks are on the roadways far more frequently, as more and more people make the decision to quarantine at home due to COVID-19 and have their goods or groceries delivered. As a result, there is an increased pressure on delivery trucks to make substantial deliveries within strict timelines. Delivery trucks are often filled with significant cargo, which may not have been loaded appropriately. Safety requirements may not be followed as a result of hurrying to load cargo or deliver goods. If any accident results from the failure to follow safety regulations, a victim may have the legal right to pursue charges against several different entities.

Determination of Liability and Responsibility

Depending on the facts and circumstances of an accident involving a delivery truck or delivery vehicle, a victim of a delivery vehicle accident can file a claim against the following parties:

  • The driver of the delivery truck or delivery vehicle
  • The delivery company that hired the driver
  • The company that has a fleet of delivery vehicles for its business that was responsible for hiring the delivery driver
  • The owner of the delivery vehicle (which may be different than the parties listed above)
  • Any third-party company that has the responsibility to load cargo in the delivery vehicle
  • A manufacturer that designed or distributed a faulty part or component of the delivery vehicle that caused the accident.

Making a determination of legal liability and responsibility can be a complex and challenging legal task. Contacting an experienced personal injury attorney can help ensure that you receive a full and fair investigation of the accident, that a spoliation letter is issued to preserve evidence, that all parties are interviewed, and expert witnesses are available to testify to the determination of liability and responsibility for your injuries.

Top Five Things Car Insurance Companies Don’t Want You to Know

If you are ever involved in a car accident that results from someone else’s negligence, you will likely have to deal with an insurance company in order to obtain a settlement to compensate you for your injuries and losses. You should never expect that an insurance company has your best interest in mind during these negotiations. Learn the top five things car insurance companies do not want you to know regarding the process of attempting to receive the compensation you deserve after an accident.

They Will Make Filing and Paying a Claim Obnoxiously Long

The longer an insurance company draws out the process regarding a settlement offer, the longer they do not actually have to pay a victim. Additionally, some insurance companies hope that the long process will frustrate a victim so much that they will simply accept a lower settlement offer than they deserve. With mounting medical bills and life expenses, coupled with an inability to return to work, insurance companies know that victims count on settlements in order to pay daily expenses. Additionally, if they wait long enough to pay, a victim may fail to realize that the statute of limitations to file a claim in court has passed, leaving them with no legal ability to file a claim for the compensation they deserve.

Insurance Company Doctors Are Not Trustworthy

Insurance adjusters will always refer you to one of their doctors regarding your medical injuries in an attempt to find reasons to not fully pay a fair settlement claim. Doctors recommended by insurance companies will often attempt to find pre-existing conditions, arguing that your medical injuries are not the result of an accident at all. These tactics are simply used to discredit victims and minimize the amount of compensation offered as a settlement. Always make sure to visit your own doctor or medical professional in order to receive proper evaluation and treatment.

The Insurance Adjuster is Not Your Friend

Insurance adjusters will always come across as friendly and helpful. Many will ask simple questions such as how are you feeling today? If you say fine, they could use this answer against you regarding a lower settlement offer. Never make the assumption that the insurance adjuster is your friend. Most will sound very friendly and have manipulative tactics that attempt to endear themselves to victims. However, they have a vested interest in attempting to have you accept the lowest settlement offer possible. Never discuss anything with your adjuster that you do not have to, never offer complete medical records, and never allow yourself to be recorded.

The Insurance Company Does Not Want You to Sue

While an insurance company may use manipulative tactics in order to delay providing victims with appropriate settlement offers, they truly do not want a victim to sue for compensation following an accident. If a victim makes the decision to sue an insurance company for a fair and just settlement, they will have to expend additional resources and money in order to fight that lawsuit. This will only provide additional financial losses to the insurance company. Therefore, make sure to always stand your ground as it will likely provide you more of an opportunity to get the fair and just settlement that you deserve.

You Will Have a Lower Settlement Amount Without an Attorney

The truth is that you will likely have a lower settlement amount offered by an insurance company if you are not represented by an attorney. Insurance companies have adjusters who know manipulative tactics in order to get a victim to accept a lower settlement amount than they deserve. However, attorneys know these deceptive tactics and how to address them directly. If you suffered injuries and losses as a result of a car accident, make sure you have strong legal representation to get the settlement you deserve. Contact The Law Office of Daniel A. Rose as soon as possible, and our experienced accident lawyers will help you negotiate with the insurance company. Call for a free consultation today at 415-946-8900 or visit us online.

Top 7 Things Parents Have to Know When a Child Is Injured In a Car Crash

Any car accident can be overwhelming, and many people enter a state of shock following serious collisions. However, if you were involved in a car accident in the State of California, and your child was in the car with you, you may feel even more panicked or terrified. There are several steps you can take to ensure that your child receives the best possible treatment and care for their injuries and can receive justice if their injuries were due to someone else’s negligence.

Do Not Move Your Child

First, if your child is not injured in any way, or only has minor injuries, you may want to consider moving them from the vehicle, as there may be secondary accidents where other vehicles crash into the first accident causing a multiple-car pileup. However, if your child suffered injuries that seem serious or severe, you should make the decision to not move your child. Call 911 as soon as possible, and make sure to let them know that a child has been injured. This will alert emergency medical personal that there is a child on the scene of the accident to better prepare their medical attention and treatment. The police dispatcher may be able to help you make a decision regarding whether or not you should move your child out of the vehicle

Obtain Immediate Medical Evaluation and Treatment

If emergency personnel arrive at the scene of the accident, they will likely decide whether your child needs to go to the emergency room immediately. If they do not believe the injuries are severe enough to warrant an emergency room visit, you should still seek immediate medical evaluation from your personal physician or healthcare provider as soon as possible. Your child may have injuries that remain unnoticed for hours or even days such as traumatic brain injury, internal bleeding, internal organ damage, fractured bones, whiplash, neck and spine injuries, or even nerve damage. The sooner your child is seen by a medical professional, the sooner they will be able to receive appropriate treatment.

Obtain a Police Report

While a police report will not help your child’s injuries, having an official copy will help you file a claim with an insurance company in order to receive compensation for your child’s suffering, medical bills, and pain due to someone else’s negligence. You have the right to hold those negligent parties responsible for your child’s injuries and receive compensation for the substantial medical bills you may have, as well as lost wages due to the inability to return to work as you care for your child.

Contact an Experienced Personal Injury Attorney

If your child was injured in a car accident, contact The Law Office of Daniel H. Rose. We will work on your child’s behalf to ensure that you receive compensation and a just settlement. Contact our experienced car accident attorneys at 415-946-8900 or online today.

Look Out for The Signs of Road Rage

Every person has a bad day, is frustrated at some point with traffic, or is late for an appointment. However, none of these reasons gives anyone the right to drive aggressively, also known as road rage.

When a driver operates a vehicle with road rage, they become a danger to themselves and everyone else on the roadways. Watch out for the following signs of road rage to avoid potential accidents that may cause serious injury and harm.

Signs of Road Rage – Violations of the Law

Some of the signs of road rage are easy to spot, as they directly violate the law, roadway signs, or roadway signals. Some of these types of road rage that result in the direct violation of the law and could result in the driver getting a ticket from law enforcement include the following:

  • Speeding
  • Improper changing of lanes
  • Passing vehicles improperly on the roadways
  • Tailgating
  • Failing to yield
  • Failing to obey traffic signals and signs (stop signs, stoplights, etc.)

Additional Signs of Road Rage

Some additional signs of aggressive driving and road rage are apparent on the roadways, but may not actually include any violations of the law. Take careful note to observe any drivers on the roadways acting in the following ways, as it could be a strong indication that they are driving aggressively and could cause an accident due to their road rage.

  • Honking the horn excessively
  • Making wild, offensive or aggressive hand gestures
  • Yelling out of the window (threats, vulgarities, or angry words)
  • Abruptly accelerating or braking
  • Cutting off cars in traffic intentionally, or blocking cars while in traffic intentionally
  • Driving in such a way that their behavior causes another car to hit a pedestrian
  • Driving in such a way that another car runs off the road
  • Stopping the car and exiting in order to have a verbal or physical confrontation
  • Chasing another car at a high speed or with dangerous maneuvers

Filing a Claim

In order to file a claim against another driver for road rage, there must be an actual accident. Even if a driver is acting aggressively on the roadway, or driving in such a way to cause danger to those around him or her, the only way to actually file a claim is if there were physical or emotional injuries, or financial losses to a victim. However, if you see that someone is driving in an aggressive manner, or clearly has road rage, the best thing to do is contact law enforcement and attempt to give them the license plate number, the make and model of the car and the direction they are headed, if it is safe to do so.

Contact an Experienced Attorney

If you were involved in an accident due to another driver’s road rage, you have the right to receive compensation for your injuries and losses that were a direct result of their negligence. Contact the experienced attorneys at The Law Office of Daniel H. Rose at (415) 946-8900 or online today.

Determining Fault in Accidents Involving Pedestrians and Cars

If you were in an accident that involved both a pedestrian and a vehicle, you may think that the pedestrian always has the right-of-way. However, there are cases where an accident may result from the negligent actions of a pedestrian. Determining fault and liability in a car accident with a pedestrian can oftentimes be legally challenging. Learn how fault can be determined and what your legal rights are following an accident.

Driver Fault

Pedestrians oftentimes face catastrophic injuries following an accident with a vehicle and in many cases, the driver of the vehicle will be negligent and responsible. Drivers have a responsibility to ensure that they stay aware of their surroundings to ensure that they do not hit any pedestrians.

Additionally, distracted driving, or driving under the influence of drugs or alcohol often result in pedestrian injuries. In these cases, a driver will be held liable for any injuries suffered by a pedestrian hit in a crosswalk. If a driver is determined to be at fault for the accident, they will likely be responsible for medical bills, lost wages, and the pain and suffering of the pedestrian victim.

Pedestrian Fault

While most people think that the pedestrian always has the right-of-way, this is not always the case, legally. A pedestrian also has a responsibility towards the drivers in traffic and crosswalks. If a pedestrian acted negligently by jaywalking, walking along any highway, bridges or other areas where pedestrians are not allowed, darting out into traffic, walking out into traffic due to texting or another distraction, or crossing against a traffic signal, the pedestrian may be held liable for the accident and responsible for damages or injuries suffered.

Shared Fault

In some cases, there may be situations where both the driver and pedestrian share fault regarding the accident. For example, the pedestrian may have been jaywalking, but the driver was operating a motor vehicle while intoxicated. In these cases, there may be shared fault between the driver and the pedestrian that an experienced accident attorney can help you legally navigate in order to receive the compensation you deserve.

Police Report

In most cases, the police complete a report regarding a pedestrian and vehicle accident and in these cases, they may indicate who they believe was at fault. However, contacting an experienced accident attorney can help you conduct an independent investigation and help correctly determine fault in your accident involving a pedestrian and a car.

Contact a Car Accident Attorney

If you were involved in an accident between a vehicle and a pedestrian, you may have questions regarding who is at fault and will have to pay compensation. Contact The Law Office of Daniel H. Rose. We will work on your behalf to ensure that the correct parties in your accident are held responsible and will help you determine fault so that your legal rights are protected, and you receive the compensation you deserve. Contact our experienced car accident attorneys at 415-946-8900 or online today.

How Much Can I Expect from a Car Accident Settlement?

If you were injured in a car accident and your car was damaged, you may be wondering how much your car accident settlement is worth. While every car accident case is different, there are certain amounts that you may be entitled to as a victim.

Property Damages

If your car and the property inside it were damaged from a car accident due to someone else’s negligence, you are entitled to have your vehicle repaired or replaced, as well as any property inside the car that was damaged. Make sure to visit with an experienced attorney as you attempt to make the decision to repair or replace your vehicle.

Personal Injuries

If you were personally injured in a car accident due to the negligence of another person, you may have the right to receive compensation for and medical bills you incurred. Additionally, you may have the right to receive compensation for the travel to and from your medical appointments, as well as any medical devices you need such as a wheelchair or cane. Prescription medications and therapy visits are also included in the calculation of compensation amounts for personal injuries.

Pain and Suffering

Due to someone else’s negligence, you may have experienced physical and emotional pain related to your injuries for which you may also be compensated. Some severe car accidents even cause victims to suffer from post-traumatic stress disorder (PTSD). Pain and suffering damages include any type of emotional or physical suffering the victim currently experiences, as well as what medical professionals reasonably expect the victim to suffer in the future as well.

Calculating Settlements

Insurance companies typically want to offer low and unfair settlement offers to victims. They may not want to fully pay for vehicle repairs or medical visits. They may refuse to pay for pain and suffering. An experienced personal injury attorney can negotiate with insurance companies on your behalf to ensure you get the settlement amount you deserve.

While there is no exact number regarding pain and suffering, in some cases, the courts will use a “multiplier” method and allow between 1.5 and 4 times the actual damages calculated in the case. Calculating pain and suffering is significant because it can substantially affect the financial future of a victim. Ensuring that you have good representation will help you receive the compensation you deserve for your injuries as well as your pain and suffering.

Contact an Experienced Personal Injury Attorney

It is impossible to determine the exact amount of compensation in a settlement that a victim will receive following a car accident. However, having an experienced personal injury attorney negotiate with insurance companies on your behalf can ensure that your legal rights are protected. Contact us at The Law Office of Daniel H. Rose. We will work on your behalf to ensure that you receive as much compensation as possible for your property damage, personal injuries and pain and suffering. Contact our experienced car accident attorneys at 415-946-8900 or online today for your free consultation.

Tips on How to Take Pictures After a Car Accident

A picture is worth a thousand words. Nowhere is that truer than pictures taken immediately following a car accident. If you are injured in a car accident, you need to seek immediate medical treatment. However, if you are able to physically take pictures of your car accident, these tips will help ensure that your photos accurately represent the damage and help ensure you receive compensation for your damages and injuries.

Photographic Tips

The following are the best tips for how to photograph evidence following a car accident to ensure that they accurately represent the damage your vehicle suffered or your personal injuries.

  • Take a picture of the entire scene. Take several photographs from several different angles of the entire car accident scene. This will help give perspective to any smaller details that you may photograph later. Make sure to photograph not only your car but all other vehicles involved in the car accident.
  • Take close-up pictures. Take close pictures of your car as well as all other cars involved in the accident. Take very close shots of damage to all vehicles. Take pictures of pieces of the vehicle that may have fallen to the ground or any debris from the accident.
  • Take pictures of the environment of the car accident. Make sure to take photographs of the weather at the time as well as the roadway. If there were any potholes, damaged curbs, stop signs, intersection traffic lights or debris in the roadway, make sure to take careful photographs of those areas. If either vehicle had any skid marks on the roadway, make sure to take photographs of the skid marks.
  • Take pictures with a point of reference. It is always a good idea to include something common in the photographs as a point of reference. For example, if you can use a piece of paper, a traffic cone, or any other object that can serve as a reference point for a judge or jury to determine how large or small the photographed object is. For smaller pieces of debris, consider using coins as a frame of reference.
  • Take pictures of injuries. If you or any other person suffered injuries, try to take as many pictures as possible of the injury prior to receiving medical treatment. Always make sure to seek immediate medical treatment, but if you can photograph your wounds or injuries, it will help you obtain compensation for those injuries at a later time. You may want to take pictures of other victim’s injuries as well, but you must always ask permission before doing so.

Contact an Experienced Accident Attorney

If you were involved in an accident and are trying to build a strong personal injury case based on the photographs taken at the scene of the accident, contact an experienced car accident attorney to help you build your case, and ensure your legal rights are protected. Contact The Law Office of Daniel H. Rose at 415-946-8900 or online today for your free consultation.

Safety Tips When Riding Alone in an Uber or Lyft

Just a few short years ago the idea of summoning a stranger to jump in their car would be terrifying. Now, ridesharing services such as Uber and Lyft are used by millions of Americans every day without giving it a second thought. However, there are reports of injuries and deaths that have happened to innocent victims in Uber and Lyft rides. Before you call your next Uber or Lyft, make sure to know the following safety tips.

Most Important Safety Tips

The most important safety tips for riding in an Uber or Lyft are listed below, but always use your common sense and remove yourself from any situation you feel may be dangerous.

  • Request Your Uber or Lyft While Inside. No matter where you request your Uber or Lyft, try to stay inside until you see the vehicle arrive. Standing outside alone with your phone in your hand can be dangerous. Remaining inside can give you the opportunity to ensure that the correct driver is pulling up to take you to your next destination.
  • Check Your Uber or Lyft Credentials. Make sure that you are getting into the correct car with the correct driver. Match the license plate number, the model and make of the vehicle and the driver photo that is provided by the app. Never get into any car if you are unsure that it’s from a legitimate ridesharing company. One simple way to make sure that you are in the correct vehicle is to have the driver confirm your name before entering the car.
  • Ride in the Backseat. Always ride in the back seat of an Uber or Lyft car. You have more opportunities and choices regarding how and when to exit the vehicle, as well as providing some personal space for yourself.
  • Wear Your Seat Belt. Anytime you are riding in any vehicle, you should wear your seat belt. Uber and Lyft vehicles are just as likely to get in an accident as any others. If you are ever involved in an accident, you may have to take extra steps regarding insurance companies paying for any damages or injuries you may have suffered. For example, Uber’s insurance policy covers its drivers.
  • Tell Others Where You Are. If you are going to use a ridesharing service, make sure to let someone know that you are using it, and what your destination is, or actually stay on the phone with them during your trip.
  • Protect Your Private Information. Make sure that you never share additional personal information with your driver, which could expose you to identity theft or other types of crimes.
  • Use Common Sense. If you have any bad feelings about a driver or anything about the vehicle, never hesitate to turn down a ride. You have the right to refuse service from a vehicle. If you feel you are in danger, always call 911 from the emergency button that is available on many apps related to the ridesharing company.

Contact an Experienced Attorney

If you were involved in an accident involving an Uber or Lyft, contact The Law Office of Daniel H. Rose. We will work on your behalf to ensure that you understand your legal rights and get you the compensation you deserve. Contact our experienced attorneys at 415-946-8900 or online today.