Sacramento Personal Injury Lawyer - Automobile Accidents

What Happens if you Drive Without Car Insurance?

Jessica Grigsby — Mon, 15 Aug 2011 14:33:41 GMT

California law requires that all drivers and owners of motor vehicles carry car insurance—or, in the language of the law, “evidence of financial responsibility.” All the drivers on the road should be capable of covering the financial costs of any damage that could arise out of driving the car. Insurance can be very expensive and for some people difficult to get. So, what exactly happens if you drive without being insured?

The California vehicle code says that “every person who drives a motor vehicle” should be able to provide evidence of financial responsibility—your proof of insurance—when a police officer requests it. You will be requested to provide proof of insurance when you register your vehicle, as the result of a routine traffic stop or following a collision when the officer responds to the scene of the accident.

There are serious potential penalties for failure to carry insurance and to be able to demonstrate proof of your insurance. A first offense will land you with a fine between $100 and $200. A second offense within three years carries a fine of $200 to $500. But fines might be the least of your troubles if you are caught driving without insurance. The court might also order that your vehicle be impounded, for which you might have to pay the costs.

Those are the penalties if you are simply driving without proof of insurance. If you don’t have insurance and you are involved in an accident, the consequences are even more severe. In this case, the department of motor vehicles, upon receiving the accident report showing you have no insurance, will suspend your driving privileges, even if you are not a resident of California. The DMV will mail a notice of intent to suspend your driving privileges, which then occurs 30 days later.

Driving without insurance—or without enough insurance—is a serious offense in California. Before you get behind the wheel of a car, make sure that you are in compliance with the state’s insurance requirements.

Originally posted at InjuryBoard by Jessica Grigsby

The Most Important Coverage - UM/UIM

Jessica Grigsby — Fri, 15 Jul 2011 13:59:11 GMT

There are a lot of things that are out of your control when you get behind the wheel of your car. You can be the safest driver out there—driving a safe vehicle, following all the laws and exercising the best defensive driving skills—but at the end of the day, you’re sharing the road with hundreds of thousands of other drivers and your safety depends on their driving skills as well. And when one of those other drivers causes an accident, avoiding it may be out of your hands. Unfortunately, whether the person who caused the accident has insurance to cover the accident is also out of your hands. But that is one thing that you can—and should—control for by carrying good uninsured/underinsured motorist coverage (UM/UIM coverage) on your own policy.

In California, approximately 15% of the drivers out on the road are completely uninsured, leaving them unable to pay when they cause an accident. Countless others are underinsured, meaning that while they may carry insurance, their coverage limits are too low to be meaningful when an accident occurs. The way that you protect yourself against these drivers is by making sure that your own insurance policy includes good UM/UIM coverage. This coverage kicks in to cover bodily injury and property damage when the at-fault driver does not have the state required minimum liability coverage. It provides compensation for medical expenses, loss of income or earnings, any decrease in your ability to earn money in the future, and out-of-pocket expenses that you might pay in relation to the accident. The coverage will also provide recovery for some non-financial losses such as emotional pain and suffering and the loss of the ability to participate in activities that you once enjoyed.

Because UM/UIM coverage is intended to take the place of the other driver’s policy, it is wise to carry coverage levels that are the same as your liability level. And here’s where the insurance consumer needs to pay attention. Even if you carry high liability levels, say $100,000/$300,000, the automatic UM/UIM coverage is often much lower—the legal requirement is $30,000/$60,000. So when you purchase that policy, make sure that you bump those UM/UIM levels up so that they match your liability coverage. The good news is, it is relatively inexpensive to increase the levels, which means that it is a small up-front cost for a potentially large pay off in the end.

Insurance is meant to protect you against the unforeseeable. While accidents themselves may be unforeseeable, one thing that you can guard against is what happens after the accident and making sure that you and your loved ones are taken care of. Having strong UM/UIM coverage may just be the most important part of your policy.

Demas & Rosenthal remains one of Sacramento’s most highly respected and accomplished personal injury law firms. We’ve been successfully representing clients for almost twenty years. Every Demas & Rosenthal attorney takes great pride in obtaining the full compensation and complete justice owed to every client.

Originally posted at InjuryBoard by Jessica Grigsby

Drinking, Boating and the California Law

John Demas — Thu, 07 Jul 2011 11:56:17 GMT

“Don’t Drink and Drive”. Everyone knows that rule when it comes to cars on the highway and keeping intoxicated drivers off the road. But all too often that same rule gets pushed aside when it comes to heading out into the water in a boat with friends and family. Yet, alcohol and boating can be a deadly mix. And so, that same basic rule—Don’t Drink and Boat—applies when you’re out on the water.

Alcohol causes both physical and mental impairment, which has a huge impact on boating safety. In fact, the effects of alcohol are often exaggerated when boating as compared to driving a car due to factors such as boat and engine noise, bright sun, glare off the water, vibration, wave action, temperature and wind. Because alcohol is a depressant, it acts to slow sensory abilities and as a result boating skills decrease. Specifically, alcohol negatively effects: depth perception; peripheral, color, and night vision; reaction time; balance and coordination; and comprehension and concentration. Alcohol also causes people to become overconfident, increasing the likelihood of exercising poor judgment and taking more risks out on the water. All of these factors combined produce a dangerous situation when alcohol and boating mix. Some studies indicate that nearly 25% of all boating accidents involve alcohol. And in California, alcohol plays a role in 49% of all fatal boating accidents. In addition, more than 80% of people who die in boating accidents are drowning victims. Because alcohol reduces balance and coordination, it increases the likelihood of being falling overboard.

Given the clear evidence linking alcohol and boating accidents, California state law makes it illegal to drink and boat. Specifically, state law establishes that:

No person shall operate any vessel, water skis or similar device while under the influence of intoxicating liquor or drugs. No person who is addicted to any drug shall operate any vessel, water skis or similar device.

No person 21 years of age or older shall operate any vessel, water skis or similar device who has .08% or more, by weigh, of alcohol in their blood. A level of at least .05% but less than .08% may be used with other evidence in determining whether the person was under the influence of alcohol. A person under 21 years of age or older who has been arrested for operating a mechanically propelled vessel “under the influence” may be requested to submit to a chemical test to determine blood-alcohol content. Refusal may result in increased penalties upon conviction. A person convicted of operation of a vessel while intoxicated could receive up to a $1000 fine and six months in jail.

No person under 21 years of age may operate a vessel, water skis or similar device who has .01% or more, by weight, of alcohol in their blood. Penalties may include a fine of up to $250, and participation in an alcohol education or community service program.

Originally posted at InjuryBoard by John Demas

Running Stop Signs

Jessica Grigsby — Tue, 14 Jun 2011 13:48:12 GMT

Thousands of car accidents each year are caused by drivers that run stop signs. There were 13,627 cars involved in fatal automobile accidents caused by running a stop sign in 1999 and 2000, according to the Fatality Analysis Reporting System (FARS) by the NHTSA.

Below are helpful tips to ensure you are properly following stop sign laws to keep you as well as other drivers and pedestrians safe on the road.

Obeying Stop Signs Prevents Car Crashes

While each state carries specific laws, in all countries the driver must come to a complete stop at a stop sign, even if there is no other visible vehicle or anyone looking. Most accidents occur when drivers are impatient and roll through a stop sign. A partial stop is not acceptable and most times will result in a traffic violation.

Count to three after stopping and look for vehicles in all directions – to the left, the right and also across from you.

Stopping vs. Yielding

A common driving mistake, that can be very dangerous, is failing to understand the difference between a stop sign and a yield sign. While treating a yield sign like a stop sign isn’t dangerous, treating a stop sign like a yield sign is. With a stop sign you must stop – no matter what. With a yield sign, if there are no other cars, you can slowly roll through.

Four-Way Stop

The law behind a four-way stop is “first come, first go.” The first car to stop at the stop sign gets to go first, and then the person to the right goes until the square has gone. While this may be the rule, it's still important to observe the other cars.

State Laws

Each state carries traffic laws that specifically require "obedience to traffic control signals and devices" (or similarly-worded language), meaning drivers must observe and obey all traffic lights and stop signs when operating vehicles.

For state specific laws, refer to Running a Red Light / Stop Sign: Laws in All 50 States.

History of the Stop Sign

Stop signs first originated in Michigan in 1915. As stop signs became more widespread, a committee supported by the American Association of State Highway Officials (AASHO) met in 1922 to standardize them, and selected the octagonal shape that has been used in the United States ever since.

Originally posted at InjuryBoard by Jessica Grigsby

Design Defects may cause car accidents

Jessica Grigsby — Tue, 07 Jun 2011 13:34:42 GMT

While vehicles are much safer today then they may have been in years past, design defects are perhaps still one of the biggest causes of car accidents. Auto defects typically occur in the design or manufacture of vehicles or in the parts on a vehicle.

By law, manufacturers are required to design and engineer cars that meet a minimum safety standard. However, even with federal safety standards and extensive testing, there are still a significant amount of defective cars on the road. Advancements are being made daily to improve the safety and efficiency of automobiles on the road.

How Auto Makers Handle Design Defects

Car manufacturers typically have one choice when dealing with a poorly designed auto defect: Recall the defective part/car and fix it. Otherwise, accident-related lawsuits will likely be the result.

Common Auto Defects That Lead To Car Accidents

While tires manufactured today are safer than years prior, defective tires may be more prone to tread separation, blowouts and flats that lead to car accidents.

Faulty brakes which can mean the brakes wear out too fast or the brakes are unresponsive.

Stuck accelerators, which was a major problem for Toyota which lead to 17 complaints of acceleration-related Toyota crashes involving 21 deaths between 2000 and 2009.

Seatbelts have been shown to reduce the number of serious injuries that occur during accidents, when properly designed. However, when they are not properly designed, seatbelts have been known to cause injuries themselves.

Defective airbags, like seatbelts, have been shown to save lives. But when they are defective and deploy too early, too late or not at all, they lead to serious injury and in some cases possibly even death.

All parts of a car are susceptible to defects, including gas tanks that may catch fire and more. This is by no means intended to be an exhaustive list of auto defects that lead to accidents, just some of the more common defects.

You can search for specific automobile defect information by visiting SaferCar.gov maintained by the NHTSA since 1972.

Highway Defects That Lead To Car Accidents

It’s worth mentioning that while there are several design defects that can cause an accident, there are also several known highway defects as well including: pot holes, uneven pavement, inadequate road markings and more.

The statute of limitations for a defective auto lawsuit varies in from jurisdiction. Therefore, if you have been involved in an accident or lost a loved one to due to a defective automobile, you should contact a product liability lawyer as soon as possible.

Originally posted at InjuryBoard by Jessica Grigsby

What happens if I was injured in an automobile collision caused by an uninsured driver in CA?

Jessica Grigsby — Thu, 02 Jun 2011 19:15:49 GMT

Although having auto insurance is legally required in California, an estimated 15% of registered vehicles in the state are completely uninsured and countless others are underinsured. These uninsured motorists place a financial burden on the rest of the drivers on our roads, forcing law-abiding drivers to pay the price for accidents caused by uninsured motorists. So, what can you do to protect yourself against uninsured motorists?

Armed with the knowledge that a large number of drivers do not have insurance and thus will not be able to pay in the event of an accident, one thing that you can do is to purchase your own insurance coverage for this precise circumstance. Purchasing “uninsured motorist coverage” as part of your own insurance policy will allow you to recover the expense of an accident when the other driver doesn’t. This type of insurance coverage kicks in when the other driver doesn’t have insurance or in the event of an accident caused by a hit and run driver. In addition to protecting against drivers who are completely uninsured, you can also purchase “underinsured motorist coverage”, which provides recovery when the other driver has some insurance but not enough to cover the full costs of the accident. When you purchase auto insurance, your company should present you with both of these options. Without this specific type of coverage in your own policy, it is possible that your collision coverage could be used to pay for damages.

If you are the unfortunate victim of a car accident with an uninsured or underinsured driver, then you should make sure to get as much information about the other driver as possible. This means writing down their name, drivers license number and contact information, including address and phone number. You should also record the license plate numbers of all the vehicles that were involved in the accident. In addition, you should write down the name and contact information for any witnesses who saw the accident. Finally, make sure you call the police and get a copy of the police report for your records.

There are also a few things that you should not do if you are in an accident with an uninsured motorist. While it is okay to tell the other person what types of insurance you have, avoid telling them how much insurance you carry. Do not accept any money from the other person or you may forfeit your right to file claims in the future. Do not agree to simply forget about the accident.

If you have been the http://www.injury-attorneys.com/victim of an auto accident involving an uninsured motorist, it is likely that your first--and maybe only--source of recovery will be your own insurance company. Recovering from the other party may unfortunately involve taking legal action against them. While successful recovery is not impossible, it is more difficult.

The Demas & Rosenthalpersonal injury law firm is not currently representing anyone mentioned in this article at the time it was posted. If you were involved in this incident or a similar incident and have questions as to your legal rights and options, call us or another well recognized and respected personal injury law firm. Please do not rely or act solely upon the information provided in this article. Please consider getting a consultation immediately. The best personal injury law firms will provide a free consultation.

Originally posted at InjuryBoard by Jessica Grigsby

How should I deal with an insurance adjuster?

Jessica Grigsby — Mon, 16 May 2011 11:54:05 GMT

After you’ve been involved in a car accident that involved injury to yourself or property damage to your vehicle, seeking—and getting—recovery from your insurance company can be a daunting task. Many of us will remember the process of simply shopping for car insurance as a confusing and complex process. But when it’s time for that insurance policy to kick in and give you some benefits, an entirely new set of questions starts to emerge: What are you rights as an insured person? What do all those terms in your policy actually mean? And, what is the actual process of getting paid?

One important—and relatively early—step in the insurance claim process after you’ve experienced an accident is dealing with the insurance company’s claims adjuster. Knowing what a claims adjuster does and how you should deal with them will help you to make sure you insurance company pays you the amount of money it should.

In the days immediately following your accident, and after you have reported it to your insurance company, it is the insurance adjuster, or claims adjuster, who will contact you. From the perspective of the insurance company, the role of this insurance adjuster is to assess the damage that was caused by the accident—whether that is damage to your vehicle or injury to yourself—and essentially put a price tag on the total amount of damage that was caused. The amount that the adjuster lands on will be very important when it comes time for the insurance company to actually pay your claim.

While it can at times be difficult to work with an adjuster and make sure that they are giving you a fair and reasoned estimate, there are some things that you can do to influence the outcome and make sure that you are satisfied with the final settlement:

Be an informed consumer. Knowing your rights as an insurance consumer makes you a stronger negotiator with the company. Starting with the purchase of your insurance policy, until you have reached a settlement, make sure you know and understand what is going on. This means reading and understanding your policy and contacting your agent or insurance company or even the State Department of Insurance to clarify any doubts or questions that you have. Ask for documentation of anything that the insurance company quotes to support its position.

Document everything. If a dispute with your insurance company arises, having a strong paper trail to support your position is extremely beneficial. Documentation starts at the time of the accident: collect as much information as you can at the scene of the accident, even including photographs if possible. Keep all documents that relate to the accident: things such as doctor and hospital visits and bills, car repair estimates, rental car expenses, and other similar events. In addition, document all conversations that you have with the insurance company to keep a trail of statements or promises they have made to you.

Stand your ground. Don’t let the insurance company or adjuster talk you into settling too fast for too little. The settlement process can be long and intimidating and you probably just want to get it over with and move on, sometimes making any amount of money seem acceptable.

Get help. Knowing when you’re in over your head and need outside help can save you a lot of frustration. If your settlement is simply too complex for you to understand, you feel like the insurance adjuster isn’t treating you fairly, or you have been unsuccessful in your negotiations, hiring an attorney can really pay off.

The Demas & Rosenthal personal injury law firm is not currently representing anyone mentioned in this article at the time it was posted. If you were involved in this incident or a similar incident and have questions as to your legal rights and options, call us or another well recognized and respected personal injury law firm. Please do not rely or act solely upon the information provided in this article. Please consider getting a consultation immediately. The best California personal injury law firms will provide a free consultation.

Originally posted at InjuryBoard by Jessica Grigsby

Federal Motor Vehicle Safety Standards

Jessica Grigsby — Tue, 10 May 2011 13:03:37 GMT

Department of Transportation publication (DOT HS 805 878) lists the basic standards governing such features as: accelerator control systems, brake fluids, head restraints, roof crush resistance, windshield mounting and flammability of interior materials.

(Consumers can obtain a copy of the complete FMVSS by visiting the following link):

http://www.nhtsa.gov/cars/rules/standards/FMVSS-Regs/pages/ProcforDecl.htm#howto).

While most vehicles come with manuals and paperwork stating that they’re in fully compliance with all relevant FMVSS regulations, many cars slowly develop defective parts. Should critical repairs be postponed too long, it may become less expensive to simply move into a brand new car.

If you’re ready to buy a new vehicle, consider first taking the time to review the FMVSS standards you value most before ever visiting a dealer’s car lot. For example, parents of small children might want to review: (1) how restraint anchorage systems are supposed to operate, (2) whether a particular vehicle’s airbags can harm a small child and (3) how a specific car’s child rollover warning system should operate.

Sample Standards Available for Review

Although the complete FMVSS text is not available online, you can review some of its regulations if they’ve recently been updated -- or are currently open for public comment -- by visiting the National Highway Traffic Safety Administration’s Web site. Be sure to choose the heading “Laws and Regulations” at the top of the page. Final rules are posted there on such topics as tire safety and economy, head restraints and electronic stability control systems (ESC).

I. Head Restraints These standards have been developed to minimize whiplash injuries caused by rear collisions. The government notes that approximately, 16, 831 whiplash accidents are reported each year. Specific

energy absorption, position retention, height and strength requirements are

set forth within these standards.

II. Tire Safety and Economy Apart from learning more about maintaining thick tire treads to obtain better road traction, drivers are reminded that proper tire inflation is directly tied to fuel economy.

III. Electronic Stability Control (ESC) Systems

These types of systems are designed to reduce the number of vehicle

rollover accidents occurring each year. ESC systems employ

computer-controlled assistance to help drivers try and steady their

vehicles during unusually threatening driving conditions. An ESC

system can help minimize “spin outs” and “plow outs” due to poor

weather and road conditions.

` This brief discussion of the Federal Motor Vehicle Safety Standards and Regulations (FMVSS) should help readers become better informed about the types of safety features owed to them by vehicle manufacturers.

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Demas & Rosenthal remains one of Sacramento’s most highly respected

and accomplished personal injury law firms. We’ve been successfully representing clients

since our firm first opened its doors back in 1993. Every Demas & Rosenthal attorney

takes great pride in obtaining the full compensation and complete justice owed to every

client.

Originally posted at InjuryBoard by Jessica Grigsby

Driving in a fog

John Demas — Fri, 21 Jan 2011 13:24:08 GMT

Driving in the Fog

There are enough driving challenges even in good weather. Distracted drivers, drunk drivers, drivers suffering from sleep deprivation. Those are just a few. Driving becomes substantially more difficult however, when there is fog in the air. Fog creates dangerous driving conditions, substantially limiting visibility for drivers. Heavy fog has been the cause of a high number of accidents and fatalities. Heavy fog is defined as visibility below one quarter of a mile. A Dense Fog Advisory means that dense fog has reduced visibility to 1/4 mile or less within the advisory area.

The best advice is to not drive at all in fog. However, that might not be a practical solution for everyone. With that said, if you must drive in fog, there are a number of safety measures you should take. So what are those precautions?

Tips
Included below are suggested our safety tips:

· Drive with your lights on low beam. High beams will only be reflected back off the fog and actually impair visibility even more.

· Reduce your speed -- and watch your speedometer. Fog creates a visual illusion of slow motion when you may actually be speeding.

· Listen for traffic you cannot see. Open your window a little, to hear better.

· Use wipers and defrosters as necessary for maximum visibility.

· Use the right edge of the road or painted road markings as a guide.

· Be patient. Do not pass lines of traffic.

· Do not stop on a freeway or heavily traveled road. If your car stalls or becomes disabled, turn your vehicle's lights off, and take your foot off of the brake pedal. People tend to follow tail lights when driving in fog. Move away from the vehicle to avoid injury.

Even more detailed instructions are available here.

Conclusion
It is clear that the best solution is not to drive at all in the fog. Driving with low visibility is incredibly dangerous and can be life-threatening. There is nothing scarier than not being able to see even a few feet in front of you. However, if you are left with no other option, it is imperative that you adhere to the precautions suggested above. Failing to do so will seriously jeopardize your safety.

The Demas & Rosenthal personal injury law firm is not currently representing anyone mentioned in this article at the time it was posted. If you were involved in this incident or a similar incident and have questions as to your legal rights and options, call us or another well recognized and respected personal injury law firm. Please do not rely or act solely upon the information provided in this article. Please consider getting a consultation immediately. The best personal injury law firms will provide a free consultation. Demas & Rosenthal will provide a free, confidential consultation to the persons who were not at fault named in this article. The free consultation offer extends to family members as well

Originally posted at InjuryBoard by John Demas

Can Maintaining Your Car Prevent Accidents?

Jessica Grigsby — Tue, 04 Jan 2011 16:52:47 GMT

Car Maintenance Can Prevent Accidents
Car accidents can occur for a variety of reasons. Drivers can eliminate one of those reasons with effective car maintenance. Failing to maintain your car however, can lead to serious and unnecessary vehicle problems which can greatly increase the likelihood of getting into an accident. So what can you do to maintain your car and keep yourself safe on the roads?

In order to effectively maintain your vehicle you must continuously check the vehicle components listed below. Click here for a detailed checklist of how often each part should be checked.

Tire Care
A flat or worn down tire can lead to disastrous consequences on the road. A sudden loss of tire pressure can result in uncontrollable swerving and ultimately, an accident. Taking the time to check tire treads and pressure periodically and before long trips can save your life. If you find bald spots, punctures or other problems with your tires, it is critical to take your car in and receive the necessary replacements. In addition, if your tire pressure is low, you should add air on your own or go to a station where you can receive assistance.

Vehicle Lighting
In order to check whether all your lights are working, it is helpful to ask someone to check when you turn on your car. If you unaware that your brake or signal light is out, you may be putting yourself in danger. You should have any bulbs that have gone out replaced immediately.

Visibility
It is crucial to periodically check that your windshield wiper blades are working. If you have wiper blades in both the front and back of your vehicle, you should make a point of checking both. If your wipers are worn or otherwise not functioning properly, you will have difficulty seeing the road in adverse weather conditions. It is also important to replace a windshield with cracks.

Engine Checks
A car’s engine needs to be in good condition to run properly. You should be on the lookout for cracked or bulging hoses and replace them before they burst. Fluid levels and your car battery also need to be checked. When inspecting the battery look for loose wires, brackets and bolts. If you find any problems during the inspection, do not let the problem linger. It is important to go to a repair shop or dealership and have the issue examined.

Drips and Leaks
A vehicle in good condition should not be leaking. When checking for potential leaks pay close attention to pooling or dripping liquids signal a leak. Different colors indicate different types of leaks. Specifically, green fluid comes from antifreeze, black spots usually mean oil and pink, red or brown drops usually suggests transmission fluid. If you find a leak, have it inspected at a repair shop immediately.

With that said, while vehicles in good repair should not have fluid leaks, hot summer weather is the exception. In that weather, water condensation may drip after the air conditioner has run for a long period of time. This is not problematic however, and should be expected.

Conclusion
Taking the preventive measures listed above might take some time, but those measures could also save you from getting into an accident, and ultimately, save your life. Accidents can occur in any number of ways, but failing to maintain your car should not be one of them. It is in your control to maintain your car. Don’t make excuses and say you will get to a problem later because you could be putting your life in jeopardy. Taking a little extra time can make a big difference.

The Demas & Rosenthal personal injury law firm is not currently representing anyone mentioned in this article at the time it was posted. If you were involved in this incident or a similar incident and have questions as to your legal rights and options, call us or another well recognized and respected personal injury law firm. Please do not rely or act solely upon the information provided in this article. Please consider getting a consultation immediately. The best personal injury law firms will provide a free consultation. Demas & Rosenthal will provide a free, confidential consultation to the persons who were not at fault named in this article. The free consultation offer extends to family

Originally posted at InjuryBoard by Jessica Grigsby