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What You Should Know About Filing a Motorcycle Injury Claim

You are enjoying a motorcycle ride down a California highway; you’re obeying traffic laws; when, all of a sudden, a careless driver strikes you.

As a motorcycle enthusiast and rider, this is one of your worst fears and if this has happened to you, it is likely that you are left with physical and emotional trauma. It is also very likely that you will be experiencing financial distress.

Although the immediate future may seem desolate, you should know that the State of California allows for victims of motorcycle accidents the opportunity to seek and obtain financial compensation for injuries sustained because of negligence. Here, we will discuss various challenges you may face when filing a personal injury claim and what you can do to build a strong case.

Stereotypes in Motorcycle Accident Claims in California

While a majority of motorcycle enthusiasts drive safely and make sure to obey all traffic laws, there is still a devastating stereotype that implies that riders are careless and aggressive when on the road. A majority of insurance companies are familiar with these stereotypes and they often do not hesitate to use them to their gain.

Every insurance company is concerned with protecting their interests, and this usually means that they will look for ways in which to reduce the amount the give a victim following an accident. One method in which they attempt to do this is by shifting the blame on to the victim. Fortunately, by obtaining sufficient evidence and seeking medical care shortly after the accident, you can prevent this from happening to you.

Comparative Fault in California Regarding Motorcycle Accidents

After a motorcycle collision, it is common for the responsible party to attempt to blame the victim for the accident. This is because California follows the comparative fault doctrine, which allows for the responsibility of an accident to be shared among various parties based on their degree of responsibility.

If the careless driver or his or her insurance company is able to place even a small degree of responsibility of the accident on you, it is likely you can lose a portion of the damages. For instance, if you have been found 10% liable for the accident because you were slightly driving over the speed limit when the other driver struck you, you will only be able to be awarded 90% of the financial compensation.

Because of this, it is likely that the other party will attempt to implicate you in order to undermine your opportunity to receive sufficient damages.

Further Examining Liability Relating to Motorcycle Accident Claims

After a motorcycle accident, there are numerous ways to identify what party was responsible. In many cases, it will be a matter of what party was engaging in careless behavior. The following are common examples of negligent acts that could result in a motorcycle accident:

Distracted Driving – Arguing or text messaging while driving are both negligent behaviors that could cause a roadway accident when the driver is not focused on the road.

Drowsy Driving – According to the National Highway Traffic Safety Administration, there were approximately 800 casualties because of drowsy-related accidents in 2017. Additionally, the Centers for Disease Control and Prevention published a survey that showed that 1 in 25 motorists have reportedly fallen asleep while behind the wheel.

Driving While Under the Influence – Driving while intoxicated is against the law and can have various repercussions beyond the liability of a collision. Motorcycle accidents involving intoxicated drivers are among the deadliest traffic accidents.

The Importance of Filing for a Personal Injury Lawsuit

Depending on the facts of your case, there are many ways in which a motorcycle accident can affect your life. The following are damages you may be able to collect:

  • Existing and imminent medical expenses,
  • Loss of wages and earning capacity,
  • Physical and emotional pain and suffering,
  • Diminished quality of life, and
  • Motorcycle repairs and/or replacement

As an Injured Motorcyclist, Defend Your Rights – Obtain the Legal Support of a Qualified Attorney

If you have been injured in a motorcycle accident that was caused because of another’s negligence, you have the legal right to seek financial compensation. Consider seeking the legal support of a qualified law firm who will help you build a strong case and defend your rights in a court of law.

R. Steven Peters is a personal injury lawyer in Orange County serving Southern California who has over 40 years of dedicated experience helping motorcycle accident victims obtain financial restitution following accidents caused by careless drivers. If you were injured because of another’s carelessness, fight for the compensation you deserve; contact the support of a well-versed and qualified law firm as soon as possible.

5 Things Not to Do After a DUI Arrest

5 Things Not to Do After a DUI Arrest

New York state has established a blood alcohol level of 0.8 percent or higher as the legal DUI threshold, which is the equivalent of two beers or a big glass of wine. Under these circumstances, you might find that you need a NYC Criminal Lawyer to deter a fine of up to $1,000 or a year in jail. Of course, we highly recommend that you don’t drink and drive at all, even with one drink as everyone reacts differently to alcohol. If suspected of driving drunk, here are five things not to do after a DUI arrest. Following our legal expert advice will help you through the arrest and trial processes.

1. Don’t Leave the Scene 

Especially under the influence of alcohol, you will be tempted to make bad decisions like leaving the scene. Make sure you never try to outrun a police officer during a DUI stop. Your arrest will go quickly from a simple DUI case to a third-degree class A misdemeanor that could lead to more serious charges and penalties. The police will also assume you are a dangerous person, which could have its own consequences. 

2. Don’t Argue About Legalities ― That’s Our Job

Everything you do after an arrest will affect the outcome of your charges and trial, so don’t try to argue with your arresting officer as it likely will lead to additional charges. Even if you have Google on hand, don’t try to search for ways to defend yourself. Stay silent and rely on the experience of an NYC criminal lawyer to defend you in court.

3. Don’t Ignore Police Commands

Never ignore police commands as it is for your safety as well as theirs. Police officers interact with lots of different people, so they must be on guard until the arrest is complete. Even if you think you are in the right, you can’t ignore commands or react with any sudden movements as it will be interpreted as reaching for a dangerous weapon.

4. Do Not Answer Questions That Incriminate You

It is the job of the police officer to ask pointed questions that allow him or her to make determinations. While you need to provide your identification, you do not need to make incriminating statements. They also check for visual signs of intoxication and will try to detect alcohol on your breath. It’s routine, but the less you interact, the less they will be able to gain critical evidence to use against you. The fewer things you say, the less an officer has to report. Remain quiet and only answer yes and no questions in a polite and respectful manner. 

5. Don’t Offer Police Officers Bribes

Bribery is another given rule you must follow, but it might cross your mind when drinking alcohol. Under the New York statute, bribery is a third-degree felony punishable with seven years in prison, so never offer anything to get out of an arrest as you will be booked on more than a DUI charge. It will also be highly offensive to honest New York officers.

Even if you don’t experience any of these issues, don’t forget to call an expert DUI lawyer who has the knowledge and experience to help you navigate the complicated legalities of an arrest.

Cities Are Concerned About E-Bike & E-Scooter Safety

electric bike and scooters

Some bike advocates credit the dockless e-bike & e-scooter industry as a transportation method that has finally made urban cycling mainstream. In spite of this, the newfound industry is finding difficulty in becoming a permanent thriving fixture across various major cities.

In September of 2019, Jump, a bike service recently purchased by Uber, announced to all its e-bike users in San Diego that starting late September, the company was going to pull all e-bikes from that region. As of this year, Jump had only been serving the City of San Diego for a year. For e-bike companies cutting back on product access to certain cities, the matter comes down to whether the product will produce a successful long-term development.

City Government Predicaments With Electric Bikes & Scooters

According to a news article published by The San Diego Union-Tribune in November of last year, Jump and the City of San Diego were both thrilled to have the company implement its services for city residents. Unfortunately, the booming business faced city-imposed constraints as the city of San Diego attempted to gain control over the recurring issue of pedestrian and rider injury, both of which incited lawsuits. For some, it seems that cities such as San Diego are not equipped with the necessary infrastructure to support alternative transportation methods. Although it is in the city’s plans to enhance transportation sustainability, it seems that the lack of regulation and implemented bicycle lanes have led to the demise of partnerships between the city and e-bike companies.

Safety Concerns

When it comes to new technologies, it often takes municipalities some time to get acclimated. A city’s main concern is always the safety of its citizens and this often means creating new strict regulations to undermine potential risks. For a company such as Jump, a city with strict regulations can often translate into a deterrent in business.

Cities, however, have a logical reason to be concerned for the safety of cyclists. According to the National Highway Traffic Safety Administration, the State of California is the most dangerous state for cyclists in the nation. The 2016 report concluded that California had 147 cyclist fatalities, which was 9 more than the State of Florida.

Protect Your Rights After an Accident – Consult an Experienced Attorney

If you are a cyclist in California, your well-being should be your number one priority. E-bikes have introduced a variety of benefits for Californians but they have also presented a number of risks that clearly, many municipalities were ill-prepared for. If you have been involved in an accident while using an E-bike or electric scooter, speak to an experienced personal injury attorney who can explain what your legal options are.

Attorney Scot T. Moga has many years of dedicated experience serving clients that have suffered harm as a result of another’s negligence. A majority of bike accident cases often lead to serious injuries that could result in a lifetime of medical treatments and economic concerns. If you were injured while using an e-bike or electronic scooter, speak to a professional bicycle accident attorney as soon as possible. California has strict deadlines that could affect your ability to file a case.

How to Win Your Car Accident Case

There’s one auto attorney in Fresno who wins more cases than anyone, and we wanted to ask him, what does it take consistently win cases? On the surface it might seem like taking on the right clients, but the truth is that there’s much more to it than just that. In fact, there is more to winning a car accident case apart from immediately hiring a good lawyer. In fact, the first and perhaps most important steps that you should take in winning a car accident case starts immediately after the accident, right there where the incident took place.

Understandably, anyone who figures in a car accident will be shaken up to say the least and worse, may even be hurt. However, if you are lucky to escape serious injury, here are the important steps that you should remember to take if you find yourself involved in a car accident.

  1. Try to Regain Your Composure

Car accidents are harrowing incidents that are sure to unsettle any normal person. The first thing that you should do is to check if you or your passengers are injured. Your welfare should always come first and it would not be advisable not to proceed with steps mentioned here, if ever you are badly hurt in a car accident. Instead, head on over on to the last step as soon as you are able to. On the other hand, once you have made sure that you are not hurt, move out of your vehicle and move to a safe distance. Try to regain your composure as soon as possible and move on to the next step.

  1. Take Photos and Videos

After you have regained your bearings and composure, take out your smartphone or camera and start taking pictures and videos. You are essentially documenting the accident and you are taking photo and video evidence of the scene. Make sure to take note of important details including the prevailing driving conditions and the weather. Take as many close up and wide angle view shots of the vehicles involved as you can. You should also remember to look for and document skid marks, debris, road obstructions and any other details that you deem may be important to paint a clearer picture of how the incident went down.

  1. Talk to Potential Witnesses

There’s bound to be good-natured people who are willing to help out and lend a hand in most car accidents.  Try to chat them up and ask them if they witnessed the accident. If you found someone who seems to be a credible witness, ask for permission to record him recounting how the accident took place. This becomes especially important if the fault is with the other driver. Don’t forget to ask for their contact details so you’ll have a means to reach them just in case it goes to trial.

  1. Talk to the Other Driver

It pays to be civil and it would be decent to check on the welfare of the other driver and the passengers. However, if they appear to be hostile and confrontational, it would be best just to move away and wait for the responding authorities to arrive.

  1. Hire A Lawyer

As mentioned earlier, you will need to hire an experienced car accident lawyer as soon as you can. The lawyer will guide you on what to do next to prepare for the case. These may include turning over the evidence that you have gathered and submitting all the important documents including the estimated cost of damage or medical bills.

It will also be a good idea to have the contact details of a good car accident lawyer on your smartphone. This is especially helpful if you frequently drive on roads that have a high incidence of car accidents such as those in Central California cities like Fresno. Being well-prepared, is yet another factor that will help you win your car accident case.

Why Do Personal Injury Lawyers Struggle to Get Clients?

Why Do Personal Injury Lawyers Struggle to Get Clients?

The abundance of legal cases from vehicle accidents and workers’ compensation incidents for work-related injuries seem to indicate that there is plenty of work available for personal injury lawyers. However, some of these attorneys still struggle to find clients to represent. While there is no shortage of personal injury clients to represent, some lawyers may have trouble finding and landing them for several reasons. The following shows the most common reasons why some personal injury lawyers are still struggling to find clients to represent.

Neglecting Their Websites

When someone needs a lawyer these days, he or she is far more likely to do an internet search rather than hop in the car to drive around the city in search of one or turn to the Yellow Pages. So, if you are a personal injury attorney, what will greet your potential clients when they visit your website? Whatever they see on your website, perhaps even on your landing page alone, might be enough to make them a future client.

Your website should be professional-looking, pleasing to the eyes and easy to navigate. Sure, you can use it to tout your qualifications and success rate. However, your main objective is to have your website visitors have a look and decide to hire you. The more time they spend on your website, the more your chances of earning their business increases.

Pay attention to the content of your website as well. Is your content current or dated? Does it contain useful information for your target clientele? Make sure to update your website content, preferably with articles that are relevant to your area of practice. Not only will it be a subtle way of touting your expertise, but your website visitors may consider your articles worthy enough to share on their social media accounts. Shares will give you free passive endorsements and more backlinks to your site.

Make your website mobile-friendly as a substantial number of your potential clients will likely be viewing your site using their mobile devices. Ask your web designer to tweak your website to have fast loading times. Studies show that users usually move on to other sites if the website they clicked on fails to load within 3 seconds.

Not Focusing on Brand Awareness

If you are struggling to get more clients to walk through your office doors, chances are that they are not aware of your brand. Part of a sound marketing strategy is to spread brand awareness, and you can do this for your practice in different ways. These include being more active on social media, optimizing your website on search engines and lawyer site aggregators and, if your budget permits, through targeted online advertisements.

You can go cheap with social media posts on your own social media accounts or with groups that are relevant to your practice. Share the articles that you post on your website or actively give online legal advice to those who are asking questions in discussion boards and forums. Search engine optimization (SEO) and paid advertisements will require you to shell out some cash, but then you’ll be certain that you are making more people aware of your practice.

Visibility Issues

It’s a good idea to be present in important events in your community as well as in conferences that are related to your practice. Such events will give you a chance to meet people and build your network. If you are in between clients, do pro bono work. This will not only make you more visible, but it will likewise increase the number of your happy clients who will no doubt refer you to their relatives and acquaintances.

The key to building your roster of clients is to become more active in promoting your practice and making potential clients aware that your services are available. Once the clients start trickling in, make sure to go through all of the services that you offer. After all, word of mouth is still one of the best forms of promotion.

What Is Insurance Bad Faith?

insurance policy
13188774 - insurance policy folder on desk in office with pen and manila envelop

When you purchase an insurance policy, you expect your insurer to be there for you when you need them. If you get into a car accident, resulting in damage to your car and injury to your body, you would open up an insurance claim to receive the money you need to fix your car and get the proper treatment for your injury.

If your employee stole your business property, you would expect your insurance company to cover you according to the limits of the policy you purchased. Or, if a fire ravaged your town and destroyed your business headquarters, you’d pursue an insurance claim to pay your expenses and get back up and running.

Whichever situation you happen to be dealing with, you turn to your insurer to pay out the money you’ve been contributing to your premium over several months or even years. When these companies deny benefits without proper cause, they are acting in bad faith.

The Definition of Insurance Bad Faith

What happens when an insurer delays or outright avoids paying a claim? Legally, most courts agree that insurers need to act in good faith and be fair to their customers when handling policy payouts, so when they don’t, their dealings are called bad faith.

Insurance companies uphold bad faith practices for one reason: to protect their profits. They may delay a case or deny a claim simply to ensure that they don’t have to dispense money to their customers.

These companies might use deceptive practices like misconstrue the language of their own policies, make ridiculous demands on the customer to provide proof of loss or not follow through with a comprehensive investigation. For example, if a business owner’s headquarters burn down, and their insurance company never visits the site for an investigation and then subsequently denies the claim, they are acting out of bad faith.

What Is an Insurance Bad Faith Lawsuit?

Thankfully, customers have the power to fight back against insurance bad faith. They can take their insurance companies to court, in front of a jury, who will give a fair and honest opinion to the judge. This is extremely helpful, considering that insurance companies have seemingly unlimited funds and teams of powerful attorneys behind them. Having a jury of peers there puts policyholders and insurance companies on the same level.

When going to court for an insurance bad faith lawsuit, policyholders may be entailed to more in damages than just those that came up because of the insurance claim in the first place. For example, if policyholders had to take off work, shut down their businesses for some time, experienced emotional distress or had to pay attorneys’ fees to deal with the case, the court could require the insurance company to cover these extra costs.

These lawsuits usually fall under common-law tort claims; the law varies state to state. Some states have statutory laws for insurance bad faith, so policyholders may be able to pursue a lawsuit under that as well.

It’s on the policyholder to be able to prove two things: First, that the insurance company withheld benefits that that policyholder paid for, and second, that the reason the benefits were withheld was unreasonable.

Some evidence for the latter would go back to how the insurance company proceeded when presented with a claim. Did they delay the necessary steps? Did they misrepresent the provisions of their policies? Along with collecting this imperative information for the court, policyholders should consult with an insurance bad faith attorney to see what other kinds of evidence would qualify.

Typically, in a court of law, the most common types of insurance bad faith cases are claims denials, business interruption and commercial claims.

Claims Denials

This can apply to a number of different types of insurance policies, and occurs when an insurance company denies a claim without good reason. For example, they may deny a policyholder their money simply so they don’t have to make a payout. Claim denials can occur at any point, such as when the incident first occurs, prior to an investigation or after the policyholder has turned in the necessary documentation and proof that a company required.

Business Interruption

Another type of insurance bad faith claim that often comes up is business interruption. This applies not only for fires, but any type of disaster that caused an interruption in a business’ day-to-day activities.

Businesses will take out these policies to ensure that they are covered for operating expenses and bills that need to be paid in the wake of the disaster. They may need money for things like temporary office space, for example, and will go to their insurance to claim it. Insurance companies can sometimes uphold shady practices like claiming there was arson involved in a fire, even if they never took the time to investigate the situation thoroughly.

Commercial Claims

Along with business interruption insurance, businesses will purchase commercial insurance to protect their employees, investments, property and inventory. If an incident occurs – say, a contractor is installing a piece of equipment and he accidentally breaks it – a business owner has the right to pursue a claim. If an insurance company attempts to blame the business for not hiring the right contractor without any evidence, for example, the insurance company may be held liable of acting in bad faith.

Protecting Policyholders

In order for policyholders to be properly protected, they need to hire skilled insurance bad faith attorneys who are prepared to defend them. Oftentimes, these huge insurance companies, who act aggressively and will do their best to find a way not to pay, intimidate policyholders. With an experienced insurance bad faith attorney on their side, a policyholder can rest assured that they’re in good hands and will receive the compensation they deserve.

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