Category Archives: Car Accidents

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.

Why You Should Avoid Posting Details of Your Car Accident on Social Media

Everyone seems to post everything on social media these days. However, there are good reasons why you should never post anything related to your car accident on social media, especially if you are considering filing a claim to receive compensation for your injuries and damages.

Personal Injury Attorneys

Most personal injury attorneys are astute enough to now understand that people are tempted to post everything on social media, including details regarding their car accident and injuries. In many cases, victims have not set their Facebook or Instagram profiles to private and anyone can simply go and look at anything that they post. The personal injury attorneys or insurance companies can easily take screenshots of your post, tweet, or photograph and use it against you in a court of law during your personal injury case.

A Picture is Worth a Thousand Words

If you decide to post anything related to your car accident on social media, know that it may be taken completely out of context and used against you. Pictures or posts can be used in a manner that you never intended or anticipated.

Additionally, if you are attempting to claim that you have serious personal injuries related to a car accident that was not your fault, and then post on social media how you were drinking heavily the night of the accident, or that you are running a marathon soon, it is likely that these comments or posts can be used against you and eliminate your ability to receive compensation for your injuries. Even comments or posts said in jest can be taken to be serious and you will lose the right to monetary recovery.

Never Delete Anything

If you made a mistake and posted something on social media regarding your car accident and now regret it, you should avoid the temptation to delete it. If you delete any post, picture, image, tweet, message, conversation or comment on social media, it may be considered obstruction of justice and tampering with evidence. In fact, the law is clear on this topic. Never delete anything from your social media accounts, as someone else could have taken a screenshot and it could unexpectedly be brought up in court later. Therefore, if you make the mistake of posting something regarding your car accident on social media, leave it but do not highlight it or continue to comment on it in any way.

Contact an Experienced Personal Injury Attorney

Always assume that anything you post or include on any of your social media platforms will be seen by everyone, even if your settings are private. Personal injury attorneys have great ways of finding these posts and using them against you to deny your claims of personal injury or lack of liability regarding the car accident. If you or a loved one have been injured in a car accident, contact The Law Office of Daniel H. Rose. We will work on your behalf to ensure that you understand your legal rights and that you receive a just settlement. Contact our experienced car accident attorneys today at 415-946-8900 or online today.

Tailgating Safety Tips

Fall and winter typically bring tailgating fun! While spending an afternoon grilling outside and cheering your favorite team on is as American as apple pie, make sure to follow these tailgating safety tips to ensure everyone stays safe and enjoys the game.

Drive Safely in the Parking Lot

Other families and groups of friends are in the stadium parking lot as well, ready to tailgate and have fun. Small children may be dashing after thrown footballs or enjoying other activities and dart in front of your car. Make sure to drive slowly and safely and keep an eye out for debris and glass as you navigate to your parking spot.

Ensure Food Safety

Make sure to pack all raw meat separately in an iced cooler until you are ready to throw it on the grill. Wash all utensils after they come in contact with raw meat. Wash your hands after using cutting boards or touching raw meat in any way. When grilling meat, make sure that you bring an instant-read thermometer to ensure that your chicken and turkey are cooked to 165 degrees, ground beef is cooked to 160 degrees, and pork chops and fish are cooked to at least 145 degrees. Always bring a fire extinguisher, turn off your gas grill, and/or douse your coals with water when you are finished cooking to avoid any accidents.

Packing a first aid kit never hurts and could come in handy if there are any cuts or burns when cooking. Additionally, all food left out on tables should be monitored to ensure that they do not spoil or return them to the cooler. The last thing anyone needs after a day of fun is food poisoning.

Sun Protection and Hydration

If you are out tailgating on a hot day, make sure to have plenty of sun protection on hand (hats, different types of sunscreen, or covered areas near your car). Always stay hydrated by drinking a lot of water throughout the day. Mild dehydration can include such symptoms as headaches, dizziness, thirst, and strong-smelling urine. If you have someone start to feel nauseous or pass out, you may need to contact emergency services.

Designated Driver

Many people drink alcoholic beverages as part of their tailgating traditions. If your tailgating activities include consuming alcohol, make sure to have one (or more) designated drivers for your ride home. Driving under the influence of alcohol can not only result in a DUI in the State of California but also can cause catastrophic injuries and deaths. Avoid all of that by ensuring that you have a designated driver before your tailgating begins.

Contact an Experienced Car Accident Attorney Today

If you suffered injuries tailgating or were the victim of an accident due to someone driving under the influence of alcohol after a tailgating event, contact The Law Office of Daniel H. Rose. We will work on your behalf to ensure that you received the full compensation you deserve. Contact our experienced car accident attorneys today at 415-946-8900 or online today.

Are Small Cars Safe?

The answer to this question — like most questions in life — is “it depends.” In some cases, larger cars are safer and in other cases, smaller cars are safer. Understanding how the car industry has progressed over the years will help you determine whether your small car is a safe vehicle.

New Car Comparison

Physics has the ultimate authority over the debate between large versus small cars. When comparing larger versus smaller, newer vehicles, the larger, heavier vehicles will always be safer than smaller, lighter vehicles. This comparison strictly relates to newer vehicles. Larger vehicles that are new not only weigh more but have longer hoods and larger crash zones which gives them an advantage in a crash. Again, physics dictates that larger cars will push a lighter one backward in a crash, and therefore the smaller, lighter car will suffer more damage than the larger one. In fact, a 2015 study showed that motor vehicle accidents resulted in 13 deaths per million in SUVs compared to 64 deaths per million in mini cars.

Newer Smaller Cars versus Older Larger Cars

Important in the analysis of whether small cars are safe, is the fact that as technology has improved, so has safety in smaller cars. Therefore, when making a comparison between older cars that are large versus newer cars that are small, the statistics are surprising. Many people believe that an older “tank” type car would be sturdier and safer in a crash compared to a newer smaller car, however, the statistics paint a different picture.

Older cars are typically not equipped with side airbags or electronic stability control features (mandatory in all vehicles after 2012), which prevent serious and severe injuries of passengers in accidents. Additionally, with modern safety equipment installed in smaller cars along with automatic emergency braking and collision avoidance technology, smaller cars are more adept at avoiding collisions in the first place, making them even safer than older, larger cars.

Small Cars Today

Advances in engineering and improved safety features have led to smaller cars increasing their crashworthiness standards. Many small cars now receive exemplary crash-test scores from both the National Highway Traffic Safety Administration and the nonprofit Insurance Institute for Highway Safety. As evidence of this, in 2015, the top vehicle choices for safety from the IIHS included over 20 small cars, including subcompact cars such as the Chevrolet Spark and Honda Fit.

While newer larger cars will have physics on their side in a crash, the technology and crash avoidance systems installed in smaller cars can make them even safer, by preventing crashes in the first place. Unless a smaller car is going up against a semi-truck, a large “tank” type car, or a brick wall, the smaller car will likely hold up similarly to a larger one.

Contact an Experienced Car Accident Attorney

If you or a loved one were in a car accident in a small car, you may have the right to receive compensation for your injuries. Contact The Law Office of Daniel A. Rose as soon as possible, and our experienced accident lawyers will help you build your personal injury case. Call for a free consultation today at 415-946-8900 or visit us online.

How to Avoid Sun Glare Accidents

Brilliant summer days, as well as snowy winter ones, can bring more sunlight and sun glare. Driving in direct sunlight is a major cause of automobile accidents due to the inability to clearly see traffic or traffic signals. Here are some of the best ways to avoid sun glare accidents.

Top Ways to Avoid Sun Glare

Avoiding sun glare can be the difference between a safe drive and one that results in an accident. Consider implementing the following safety measure to avoid sun glare accidents.

  • Use your sun visor. Sun visors are an easy and quick way to block direct light from coming into your car and obstructing your vision. Instead of using this feature to hold notes, business cards or receipts, use it to protect your vision and help you to drive safely.
  • Wear sunglasses. Not only will sunglasses protect your vision from UV light, but many sunglasses are actually created specifically to reduce sun glare. Some of these sunglasses are more expensive, but worth it to prevent an accident due to sun glare.
  • Clean your car windows. Dirty windows will make sun glare worse. The dirt amplifies and spreads the glare making visibility worse. Make sure to always keep your windows clean (both inside and out) to prevent accidents due to sun glare, or simply being unable to see.
  • Keep a safe distance. Keeping a safe distance from other cars is always a good idea, however, when there is a bright sun out, the distance you have between you and the car ahead of you could make the difference between safety and an accident. If sun glare is particularly bright on a specific day, make sure to keep extra distance between you and the car in front of you, as you may not be able to see their brake lights as easily.
  • Pull over. If the sun is causing you to lose the ability to see well, simply pull over until your eyes can adjust. Always make sure you are driving under conditions where you feel safe to operate your vehicle.
  • Turn your headlights on. This particular piece of advice may seem counterintuitive. However, with bright sun glare, turning on your headlights may be able to help oncoming traffic actually see your vehicle better and prevent accidents.
  • Avoid high-gloss vinyl cleaner on dashboards. These cleaners can make the inside of your dashboards shiny and pretty but can actually increase the amount of sun glare in your vehicle, making it harder to drive.
  • Find alternative routes. If it is possible, try to find alternative routes where you will not be driving directly into sunlight.
  • Avoid driving at sunrise or sunset. Sun glare can be a problem during the middle of the day but can also be a problem at sunrise or sunset. Try to avoid driving at these particular times to avoid sun glare accidents.

Contact a Car Accident Attorney

If you or a loved one were in a car accident due to sun glare, you may have the right to receive compensation for your injuries. Contact The Law Office of Daniel A. Rose as soon as possible, and our experienced accident lawyers will help you build your personal injury case. Call for a free consultation today at 415-946-8900 or visit us online.

Biggest Mistakes Victims Make After a Car Accident

If you’ve been in a car accident, you are likely overwhelmed, scared, and possibly injured. How you respond to the situation can strongly determine your ability to recover compensation for your injuries and property damage in a future lawsuit. Understanding the most common mistakes people make after a car accident can help ensure that you learn from their experiences.

1. Not Calling the Police

Always call the police. Having an official police report will provide an official public record of your accident and the circumstances surrounding it. The police will describe the scene, relevant traffic lights and signs, speak with witnesses, take down pertinent information, determine liability, and collect evidence that others typically would overlook.

2. Admission of Guilt

Oftentimes, when people are in car accidents, they are shaken up emotionally. They may immediately start saying to the other driver or passengers, “I’m so sorry!” It is highly inadvisable to never admit any kind of guilt after a car accident, even if the entire crash was your fault. Anything you say can be used against you in a court case.

3. Failing to Seek Medical Care

Many people fail to immediately seek medical care if an ambulance does not arrive on the scene. This is the one time you should not “tough it out.” Injuries suffered from car accidents can take hours or days to present themselves and can still be serious or even life-threatening. Some of your injuries may be diagnosed by a medical professional only. Additionally, any medical reports or testing you have done after an accident only goes to bolster your case that you suffered from physical injuries due to the car accident and deserve compensation. In fact, a jury or judge will almost certainly require that you submit medical records to prove the nature and extent of your injuries.

4. Failing to Negotiate with Insurance Companies

Insurance adjusters are trained to be calm and kind on the phone. However, they may attempt to record your answers, or twist your words to imply that you are not as seriously injured as you claim or that you were responsible for causing the accident. Negotiating with insurance companies can be a daunting task, and some people simply do not want to participate in the adversarial process. Never agree to a quick settlement or sign any legal documents that you do not understand with your insurance company.

5. Discussing Your Accident on Social Media

Everyone discusses everything on social media. However, insurance companies have investigators that will scour social media sites to attempt to disprove your claim and settle for less than you deserve. Make sure to never admit guilt or discuss your medical condition on social media, as it can be used against you.

6. Waiting Too Long to File a Claim in Court

The State of California requires that personal injury victims file a claim in court within three years from the date of the accident. While that may sound like a long period of time, after your medical treatment is over and the insurance company has stalled your settlement talks, this time can run out quickly. Always make sure to file your claim in a timely manner, or you will lose your right to receive compensation that you deserve for your injuries.

Contact an Experienced Personal Injury Attorney

If you were in a car accident, caused by the negligence of someone else, you may have the right to receive compensation for your injuries. Contact the Law Office of Daniel H. Rose at 415-946-8900 for your free consultation, and to help you with your next steps.