Category Archives: Car Accidents

California Texting While Driving Laws and Statistics

Wednesday, July 28, 2021

“It will only take a second.” 

“Mom wants to know where I am.” 

“Work had a question.”

These are just a few of the various excuses people have used to rationalize texting while driving. They’re also thoughts people have had right before they cause a major car accident.

Texting while driving is illegal in the state of California, and for good reasons. Because drivers take their hands, eyes, and mind off the road when texting, it’s an especially risky form of distracted driving. According to Go Safely, California, a campaign from the California Office of Traffic Safety (OTS), the average time your eyes are off the road while texting is five seconds. At 55 miles per hour, that’s the equivalent of traveling the length of an entire football field blindfolded. Additionally, engaging in a visual-manual task like texting increases your risk of getting into a crash by three times.

Despite these alarming statistics, plenty of Californians still text and drive. In 2019, the most recent year for data, 57.9 percent of California drivers surveyed said they had been hit or nearly hit by a driver talking or texting on a mobile device.

California law prohibits motorists from using a cellphone or mobile device while driving unless they are in “hands free” mode. That includes writing or reading texts, and applies to anyone driving on California roadways, even if you don’t live in California. The only exceptions to this law are if you are driving on private property or making an emergency call to something like an ambulance. 

According to California Vehicle Code, Section 23123, a violation of this law is punishable by a base fine of $20 for a first offense and by a fine of $50 for all subsequent infractions. That sounds like a small amount of money, but in reality, you will pay more — sometimes over $250 — once assessments are added. 

Previously, drivers did not receive a point on their driving record for texting and driving, but that has changed as of July 1, 2021. A texting-while-driving violation can now result in one point to your record if the violation is within 36 months of a prior distracted driving offense. Points added to your record can increase rates or even result in your license being revoked.

All of these laws are aimed at avoiding crashes, injuries, and fatalities that happen because of texting while driving. No matter what excuse our brains may tell us in the moment, texting while driving is never safe, and the possible consequences of doing it can be devastating to more than just the driver’s life.

Daniel Rodriguez, founder and president of Rodriguez & Associates and Robert Rodriguez of the California Highway Patrol, created this message stressing the importance of keeping your eyes on the road and avoid being distracted while driving. “Help save a life. Eyes forward, look up and live.”

Rodriguez & Associates takes the laws around texting and driving very seriously. We are willing to fight for anyone negatively impacted by another driver’s negligence. If you have been injured in a car accident caused by texting and driving, you may be able to claim compensation for damages. Please reach out to us today to discuss your case and receive support by filling out our online form or calling (661) 323-1400.

Posted by Lorrie Ross at 9:07 pm

Truck Driver Fatigue is a Leading Cause of Crashes

Wednesday, July 28, 2021

Some of the most devastating vehicle crashes are those that involve large commercial trucks. And one of the main causes of such crashes is driver fatigue. When those behind the wheel of a semi-truck, big rig, or other large commercial truck are fatigued or drowsy, they substantially increase the risk of causing a major accident. Many of those accidents are fatal.

In 2018, the most recent year for data, 4,951 people were killed in crashes involving large trucks in California. Of that number, 71 percent were occupants of other vehicles. 

Any person who drives while feeling fatigued increases their risk of causing an accident. Because of their size (the average semi-truck weighs 80,000 pounds and is 70 to 80 feet long), large commercial trucks can cause devastating damage to both property and lives if they are involved in a crash. Given that, truckers who drive while fatigued or exhausted take an inherently risky situation and make it even more dangerous. 

There are a few common causes of truck driver fatigue:

Driving for too long. Truck drivers in the U.S. are required by law to follow Hours of Service regulations. These stipulate how long they are allowed to drive and when they must take breaks.

Drivers carrying property (e.g., supplies, furniture, etc.) are legally allowed to drive a maximum of 11 hours, according to the Federal Motor Carrier Safety Administration. They may do so after having 10 consecutive hours of off-duty time.

Although driving hours are supposed to be monitored and enforced by electronic logs, drivers often go beyond these limits in order to meet a deadline. Trucking companies may not necessarily enforce the rules set down by Hours of Service regulations. Finally, even when a trucker follows the 11-hour maximum, they are still driving for an extremely long stretch of time and are at risk of extreme fatigue. 

Irregular driving schedules and inadequate sleep. Truckers don’t have schedules that follow a pattern of regular days and hours. Instead, they might work long stretches at a time that are then followed by lengthy periods off duty. Because of this, their sleeping patterns may be inconsistent, degrading the level of rest they actually get. For some, these irregular hours also make sleep more difficult, which can lead to fatigue over time. Over-the-counter sleep aids can increase this problem since they cause drowsiness that may not immediately wear off upon waking. 

Substance use. Substance use and abuse among truck drivers is a serious problem, with many drivers turning to “uppers” like amphetamines to stay awake during their long shifts. Unfortunately, one of the side-effects of such drugs is that they can cause extreme fatigue once they wear off, putting both the truck driver and others on the road at risk.

Unrealistic expectations. Some truck drivers feel enormous pressure from their trucking company or subcontractor to meet very tight deadlines. These deadlines do not always factor in traffic delays, weather problems, and other incidences on the road. Because of that, delivery deadlines can become unrealistic and force truckers to work longer hours than normal without breaks.  

Any of these things can lead to poor decision-making, delayed reactions, shorter attention spans, and even more aggressive behavior on the part of the truck driver or their trucking company. 

If you are involved in a truck accident, proving driver fatigue and negligence will be easier with the help of an experienced truck accident attorney. Rodriguez & Associates can assist you in navigating this complex area of litigation as you seek compensation for damages. Please reach out to us today to discuss your case and receive support by filling out our online form or calling (661) 323-1400.

Posted by Lorrie Ross at 9:06 pm

California Statistics and Laws on Drinking and Driving

Monday, July 26, 2021

Drinking and driving, or driving under the influence (DUI) of alcohol or drugs, impairs a person’s ability to drive safely and threatens the well-being of other motorists, bicyclists, and pedestrians that they encounter on the road. 

Over the last 40 years, public information campaigns such as Mothers Against Drunk Driving (MADD) have set out to eliminate drunk driving through education, prevention, and enforcement by advocating for stricter laws to be passed for drunk driving offences, and while this has helped decrease the amount of DUIs nationwide, it has not ended the problem. In 2019, according to MADD, 10,142 people were killed due to drunk driving which makes it #1 cause of death on America’s roads. The state of California accounted for 1,066 of the nation’s drunk driving fatalities, approximately 10%. 

California Drinking and Driving Statistics 

The most comprehensive statistics for alcohol-impaired driving is from Responsibility.org for the year of 2018. 

  • Total alcohol-impaired driving fatalities: 1,069
  • Under 21 alcohol-impaired driving fatalities: 113
  • 69.8% of alcohol-impaired driving fatalities had a BAC of 0.15+
  • 77.9% of drivers with BAC 0.15+ were repeat offenders
  • Total DUI arrests: 127,250 (Nationwide: 1,001,329)

California Drunk Driving Laws

In California, it is illegal to drive while under the influence of drugs or alcohol or with a blood alcohol concentration of 0.08 or higher. The law does not distinguish between prescription, over-the-counter or illegal drugs. If the drug or medication impairs your ability to drive safely, you can still be charged with a DUI.

California has enforced tougher laws for first time and repeat offenders in an effort to reduce, and hopefully eliminate, drunk driving on our roads. Here is a summary of laws about driving under the influence of alcohol and/or drugs from the California Department of Motor Vehicles (DMV) handbook. 

  • It is illegal to use or possess alcohol or cannabis products in a vehicle. Any open containers must be stored in the trunk or where passengers do not sit.
  • It is illegal for any person to operate a vehicle with the following BAC limits:
    • 0.08% or higher, if the person is 21 years +
    • 0.01% or higher, if the person is under 21 years old
    • 0.04% or higher, when a passenger for hire is in the vehicle at the time of the offense
  • It is illegal for drivers under 21 years of age to carry alcohol inside a vehicle unless accompanied by a parent or other person as specified by law and the container is full, sealed, and unopened. If caught, the car may be impounded for up to 30 days, driving privileges may be suspended for up to 1 year or delay the issuance of a first driver’s license for up to 1 year, or a fine of up to $1000 may be charged.

Similar laws also prohibit riding bikes and scooters or driving boats under the influence of alcohol and/or drugs.

We Represent DUI Accident Victims in Kern County and California

A victim of a drunk driving accident can suffer physically, emotionally, and financially. Medical bills can pile up, they may not be able to work or perform their job as before, and their mental state may be different due to the accident. The criminal court system can punish a drunk driver for the accident, but it does not compensate victims of the accident. 

This is when a victim of a drunk driving accident would seek expert legal representation to pursue claims in a civil court for recovery of monetary damages from medical bills, pain and suffering, lost wages from missed work, property damage, and/or modifications to a home or car because of the injuries incurred. Our experienced personal injury attorneys at Rodriguez & Associates, are standing by to represent you or a loved one who has been injured as a result of a DUI accident. We will do everything possible to hold the wrongdoer accountable.

We represent DUI accident victims in Kern County and throughout California. Call us to request a free consultation at (661) 323-1400 or toll-free (800) 585-9262.

Posted by Lorrie Ross at 7:29 pm

Critical Evidence After a Truck Accident

Monday, June 28, 2021

Truck accidents are physically and emotionally devastating events for those involved. Because of their size, commercial trucking vehicles tend to cause more destruction than a regular car would, so the risk of serious injury or even death goes up in a truck accident. In 2018, the most recent year for data, 5,096 large trucks and buses were involved in fatal crashes according to the Federal Motor Safety Carrier Administration

Even when truck accidents do not cause fatalities, they can cause serious injuries with life-long consequences, not to mention damage to private property and mental pain and suffering.

If you are injured in a truck accident and plan on making a claim for damages, you will need to be able to prove the truck driver or another third party, such as the trucking company, was negligent. From there, you will have to show that this negligence directly caused the accident and your injury.

The best way to do that is to have ample evidence. Here are some pieces you need to be sure of collecting in the aftermath of an accident with a truck. 

Accident reports. Police create an official report of the accident when they arrive on the scene. Get and keep a copy of this report for your own records. The trucking company will usually send a certified truck inspector who will examine the vehicle before it gets removed from the scene. This person will check for things like a manufacturing defect, low tread on the tires, or other potential factors in the accident related to the truck itself. Obtain a copy of their report as well.

Electronic logs. Federal law requires all truck drivers to follow Hours of Service regulations. These rules stipulate how long they are allowed to drive and when they must take breaks. Electronic Logging Devices (ELDs) automatically record this information and transmit it to the carrier. The point of these logs is to precisely record whether a trucker is keeping to their Hours of Service regulations or not. If they are not and cause an accident, these logs will be essential to your case.

Photos and witness statements. Take pictures at the scene of the accident: your vehicle, the truck, close-ups of the damage, tire or skid marks on the road, and any other visuals that could be relevant. It is also important to document cuts, burns, and other injuries. At the same time, have nearby witnesses give statements via video or written testimonials.

Evidence requested in a spoliation letter. Your attorney may send a spoliation letter. This document requests that all evidence related to the accident be preserved. That includes truck inspection reports, the truck driver’s qualifications and driving records, dispatch instructions, weigh station and loading dock reports, and the aforementioned driving logs. 

Any of this evidence will be easier to get with the help of an experienced truck accident attorney. At Rodriguez & Associates, our Bakersfield personal injury lawyers can assist you in navigating this complex area of personal injury litigation as you seek compensation for damages. Please reach out to us today to discuss your case and receive support by filling out our online form or calling (661) 323-1400.

Posted by Lorrie Ross at 5:13 pm

What Are the Consequences for Driving Without Insurance?

Thursday, May 27, 2021

California is a fault insurance state that requires drivers who are responsible for car accidents to pay for their victims’ damages. To uphold this financial responsibility and comply with state law, you must carry certain amounts of car insurance. However, not all drivers comply with this requirement—but failure to do so can lead to hefty fines and other penalties. Additionally, uninsured motorists may be solely responsible for their victims’ damages, which can cost tens of thousands of dollars.

California Insurance Requirements

Liability insurance pays for the medical expenses, vehicle repairs, lost wages, and other losses that other drivers, passengers, and pedestrians suffer in accidents you cause. All drivers in California must carry the following amounts of insurance.

  • $15,000 for bodily injury or death per person per accident
  • $30,000 for total bodily injury or death per accident
  • $5,000 for property damage per accident

You can purchase higher amounts of coverage if you choose to do so. You can also purchase additional coverage, such as uninsured motorist and medical payments coverage, to pay for your own losses in an accident. Uninsured motorist coverage is especially important in cases where the at-fault driver does not have insurance.

If you do not want to purchase liability coverage, you can comply with California insurance laws using one of the following options.

  • A self-insurance certificate from the California Department of Motor Vehicle (DMV)
  • A cash deposit of $35,000 to the DMV
  • A $35,000 surety bond from a California-licensed issuer

Penalties for Driving without Insurance

Failure to comply with California insurance laws can result in serious penalties. If you are caught for driving without insurance, you can receive a $100 to $200 fine for a first offense. For a second offense, the fine increases to $200 to $500. For third and subsequent offenses, your fine will continue to increase.

In addition to financial penalties, the state could impound your vehicle. You will not be able to obtain it until you provide proof of insurance and pay for the towing and storage fees. The state may also require you to obtain an SR-22 Proof of Financial Responsibility certificate and carry an additional SR-22 insurance policy, which can be expensive.

If you are at fault for the accident and do not have insurance, you will still be financially liable for the victims’ damages. Instead of the insurance company paying for expenses like medical care, vehicle repairs, and lost wages, you will need to pay for these losses out of pocket. Although car insurance may seem expensive, it is not as costly as paying for multiple high-value claims by yourself.

What to Do After a California Car Accident

If you are in a car accident, it is important to seek help, preserve evidence, and protect your health. First, call 911 and report the accident to law enforcement. Receive emergency medical attention as soon as possible and save all records related to your injuries. If you are able, take photographs of your injuries, the area around the crash, and your vehicle damage. Speak to the other driver and exchange insurance, license, and contact information, and ask any witnesses in the area for their contact details as well.

Once you receive treatment for your injuries, contact a California car accident lawyer. If another driver caused your accident, you could hold him or her accountable for your injuries through an insurance claim or lawsuit. If the at-fault driver does not have insurance, you could still recover compensation through an uninsured motorist claim. Speak to an attorney as soon as possible to discuss your optimal path to recovery.

Posted by highrank at 5:57 pm

Questions to Ask a Car Accident Witness

Tuesday, April 20, 2021

California follows a fault-based system when it comes to car accidents. This means that drivers who cause accidents are financially responsible for their victims’ damages. If you sustain injuries in a California car crash, you may be able to file an insurance claim or lawsuit against the at-fault driver.

To prove your right to compensation, however, you will need to provide sufficient evidence that the driver caused your accident. Witness testimony can help validate your claim—but before you can use this evidence in your claim, you will need to ask a witness a few key questions at the scene.

#1: What Did You See?

The first step you should take when questioning witnesses is to establish what they actually saw. Approach the witness and ask him or her how the accident occurred. Ask the witness to go into detail and allow him or her to speak for as long as possible. Once the witness finishes relaying his or her story, you can ask follow-up questions about the other driver’s actions, his or her vantage point, and the timeline of events.

You can ask the following questions to get more detail about the witness’s point of view.

  • Did you have a clear view of the accident?
  • Where were you looking before the accident occurred?
  • How far away were you from the accident site?

#2: When Did You Arrive at the Scene?

After you establish what the witness saw, ask him or her how he or she arrived at the scene. Ask the witness where he or she was coming from before the collision and where he or she was headed when the accident occurred. Ask the witness for the approximate time that he or she entered the area. This information will help establish the accident timeline and clarify points of confusion.

#3: Was the Other Driver Breaking the Law?

Although you should avoid sounding combative or confrontational, it is important to know whether the other driver committed a traffic violation during the accident. Since California is a fault accident state, you will need to establish that the driver either broke the law or drove in a reckless or unsafe manner. If a witness establishes that the driver broke a traffic law, your case will become much stronger.

Ask the witness about the other driver’s behavior during the accident. You can ask the following questions for more detail.

  • Was the other driver speeding?
  • Did you see the other driver texting or talking on the phone?
  • Did it look like the driver was paying attention to the road?
  • Was the driver swerving or driving aggressively?
  • Do you think the driver was driving safely?

#4: Can I Have Your Contact Information?

Finally, you should ask the witness if he or she is willing to make a statement to the police and if you can have his or her contact information. By having a witness’s contact information on hand, you can ask follow-up questions and get more detail about the accident. Your lawyer may also contact the witness to ask him or her to provide a statement. Before you leave the accident scene, ask each witness for his or her name, phone number, and email address.

Speak to a California Car Accident Lawyer

If you are in a car accident in California, remain calm. After the accident, call 911, seek medical attention, and document evidence at the scene by taking photographs and speaking to witnesses. Once you receive treatment, it is important to contact a California car accident attorney as soon as possible.

A lawyer can strengthen your car accident claim in several ways, from handling negotiations with insurance companies to collecting relevant evidence to support your side of the story. Speak to a car accident lawyer as soon as possible to discuss your case and legal options.

Posted by highrank at 1:43 pm

What Is the Difference Between Actual and Proximate Cause?

Friday, February 26, 2021

When you suffer injuries due to another person’s negligence, you can recover economic and non-economic damages from the at-fault party through a personal injury lawsuit. To prove your right to compensation, you will need to prove that the defendant violated his or her duty of care to you. You will also need to prove that this violation was the actual and proximate cause of your injuries.

Understanding the difference between actual and proximate cause is very important for a personal injury claim. While actual cause is relatively straightforward, establishing proximate cause can be more complex.

Actual Cause versus Proximate Cause

Actual cause, also known as cause in fact, refers to the actual cause of your accident. For example, if you are driving through an intersection and an oncoming commercial truck runs a red light, the truck driver’s actions are the actual cause of the collision.

Proximate cause refers to the legal cause, or the cause that the law recognizes as the primary cause of the accident. In your case, the proximate cause may not be the first event that contributed to your injuries. It may not be the last event that occurs before the accident either.

Instead, the proximate cause is the natural and direct cause of your injuries, and your injuries are a natural, direct, and foreseeable consequence of the proximate cause. In other words, if the proximate cause had not occurred, you would have not suffered injuries.

The Substantial Factor Test for Proximate Cause

When determining whether or not a defendant’s actions are the proximate cause of an accident, California courts perform the substantial factor test. The court must determine whether the at-fault party’s conduct was a substantial and relevant contributory factor in the accident.

For example, say that you are driving on a highway when you notice a vehicle driving on the wrong side of the road. In order to avoid a head-on collision, you swerve to the side and accidentally strike the highway’s guardrail. Since you would have not swerved but for the other driver’s actions—in this case, driving on the wrong side of the road—you can establish that the defendant’s actions played a substantial part in causing the accident. Using this information, you can establish the proximate cause.

The defendant’s conduct is not a substantial factor if the accident would have occurred regardless of his or her actions. You also cannot use conduct that is trivial or far removed from the actual events of the accident.

For example, say that you are in a head-on collision while driving to work. The city has closed your usual route for construction, so you have to take a detour. When driving on the unfamiliar road, you collide into a vehicle traveling in the wrong direction.

While you would have a claim against the other driver, you cannot hold the city liable for closing your usual route. While you would not have been in the accident if not for the construction, it is too remote, or too far removed, from the actual accident to be a substantial factor. For more information, contact a Bakersfield personal injury attorney today.

If you are in an accident, proving actual and proximate cause can be difficult without legal representation. A California personal injury lawyer will understand these statutory rules and will use his or her experience to craft a compelling case in your favor. After seeking medical attention, contact an injury lawyer to discuss your claim.

Posted by highrank at 7:22 pm

Kern County Lawyers for DUI Accident Victims

Wednesday, January 6, 2021

Driving under the influence (DUI) is still the #1 cause of death on our roadways, according to Mothers Against Drunk Driving (MADD).

People who drive under the influence of alcohol or drugs are more likely to cause accidents that are often more serious with more severe injuries because their judgment and reaction time is impaired. While the criminal court system can punish a drunk driver for the accident, it does not compensate the victims of the accident.

Drunk Driving Civil Lawsuit

 If you have been a victim of a drunk driving accident, you have the right to pursue claims in civil court to recover monetary damages, in addition to pressing criminal charges. Even if the drunk driver is not convicted in criminal court, you may still seek compensation through a civil claim. While serious compensation will not make up for the physical and emotional costs that a drunk driving accident victim endures, it can make it easier for the person to start putting back together the pieces of their life. Financial compensation can be pursued for:

  • Medical bills and ongoing healthcare needs related to the accident
  • Pain and suffering from the accident
  • Lost wages as a result of missed work
  • Property damage to the car that was damaged or destroyed in the accident
  • Modifications to a home or car because of the injuries incurred from the accident
  • Punitive damages – intended to punish the negligent party and discourage similar negligent behavior by others

If the claim is for wrongful death, you may be able to collect damages for loss of future income, loss of consortium, and funeral expenses.

What if the Drunk Driver Has No Insurance?

Most car insurance companies offer uninsured motorist (UM) coverage so if you are involved in an accident with someone who is uninsured, you can make a claim with your insurance company to be compensated for your medical care, pain and suffering, and lost wages. However, once you file a claim, your insurance company will view you as a liability, instead of as a customer, and they will do everything in their power to minimize or avoid paying out your claim (learn more about dealing with insurance companies and Uninsured Motorist coverage here).

Another option may be to sue the drunk driver but if the judgment is returned in your favor the defendant may declare bankruptcy which means they’re not responsible for paying the judgment or they may have no money to pay the judgment. Suing the driver can be a long process that may not amount to any compensation.

A third option may be suing a third party such as a restaurant that continued to serve a customer who was already drunk or a bar that served a minor.

Third-Party Liability in a DUI Accident

 While the person who was driving under the influence may be the primary cause of the accident, there could be liability for third parties who contributed to the circumstances of the driver. Third parties that may be held responsible can include:

  • Bar or Restaurant Staff & Owners: it is their responsibility to stop serving patrons that appear to be intoxicated.
  • Hosts: people who host parties or gatherings where alcohol is served can be held liable if they continued to provide alcohol to a guest that was clearly inebriated.

Determining third party liability can be complex and involving an experienced lawyer in representing DUI accident victims is highly recommended.

We Represent DUI Accident Victims in Kern County and California

At Rodriguez & Associates, our experienced personal injury attorneys are ready to represent you or a loved one who has been injured as a result of a DUI accident. We have the resources to fully investigate the accident, contributing factors, and can determine if there is third party liability. Our Kern County lawyers are caring and empathetic with our clients and will do everything possible to hold the wrongdoer accountable.

We represent DUI accident victims in Kern County and throughout California. Call us to request a free consultation at (661) 323-1400 or toll-free (800) 585-9262.

Posted by Lorrie Ross at 8:51 pm

Who is Liable for a Car Accident Caused by a Medical Emergency?

Sunday, December 13, 2020

California is a fault insurance state, which means that drivers who cause accidents must pay for the damages of their victims. Dangerous and negligent driving behaviors, such as failure to yield and distracted driving, often contribute to these accidents.

There are some situations, however, where a driver may experience a medical emergency while behind the wheel and lose control of his or her vehicle. In these accidents, liability will depend on whether the medical emergency was foreseeable.

The California Car Accident Sudden Emergency Defense

California is one of many states that recognizes the sudden medical emergency defense in car accident cases. Also known as the doctrine of imminent peril, this rule relieves drivers who are responsible for car accidents if they suffered an unforeseen medical emergency at the time of the crash. This doctrine applies if the sudden emergency caused the accident, was outside of the driver’s control, and the driver could not have foreseen the emergency.

A driver who seeks to use the sudden emergency defense must prove the following facts.

  • The driver experienced a sudden and unexpected emergency where he or she was in actual or apparent danger of an injury.
  • The driver did not cause the emergency.
  • The driver acted in a way that a reasonably careful driver would have under the same circumstances, even if a safer option became apparent at a later time.

For example, say that a driver suffers a heart attack while operating her vehicle and suddenly loses consciousness. The driver loses control of her vehicle and runs through a red light, colliding into you. Since the driver could not have anticipated the onset of the heart attack and did not have time to remove her vehicle from the road, she can establish the sudden emergency defense. As a result, this driver would not be liable for your injuries.

Exceptions to the Sudden Emergency Defense Rule

A driver cannot have any knowledge of the illness or medical condition prior to the actual emergency. If you can prove that the driver did know or should have reasonably known about the risk before the accident, he or she would have acted in negligence.

For example, say you are in an accident with a driver who loses consciousness at the wheel. She tries to establish the sudden emergency medical defense, but medical records show she lost consciousness due to the side effects of a new medication.

The medication warning label states that drowsiness is a common side effect and to avoid driving or operating heavy machinery during use. The driver should have known that she could not have safely driven while taking the medication and did so anyway, leading to the accident. In this situation, she would be liable for your damages.

If the driver has a history of medical issues that make it risky to drive, you could argue that a loss of consciousness was foreseeable. For example, if a diabetic driver loses consciousness due to low blood sugar, you could argue that it would be reasonably foreseeable that he or she would experience a medical emergency while driving.

Hiring an Attorney for Medical Emergency Accidents

Liability in car accident claims involving medical emergencies can be very complex. Although you may discover evidence that establishes a driver’s negligence, the insurance company may continue to deny your claim by invoking this defense.

Hiring a California car accident attorney to handle your claim can help you establish your right to damages. Your attorney will conduct a thorough investigation of the accident and explore all possible options to secure compensation on your behalf, leveraging strategies to determine whether or not the medical emergency was foreseeable. Contact your lawyer as soon as possible after your accident to discuss your legal options.

Posted by highrank at 7:39 pm

Why You Need Uninsured / Underinsured Motorist Coverage

Tuesday, December 8, 2020

Bakersfield personal injury attorney, Danay Gonzalez, shares four very important reasons why everyone needs Uninsured (UM) / Underinsured Motorist (UIM) Coverage in her TikTok video.

  1. Covers you when the at fault driver has no coverage.
  2. Covers you when the at fault driver doesn’t have ENOUGH coverage.
  3. Covers you if the at fault driver is an excluded driver on a policy.
  4. Covers you if the at fault driver has a lapse in their insurance coverage.

Being smart about your insurance coverage can spare you from having to pay for a crash that you didn’t cause.

Watch Danay’s TikTok video here:

If you have sustained an injury in a car accident, call our Bakersfield personal injury law firm to discuss your case at (661) 323-1400 or toll free (800) 585-9262 or request to schedule a no-charge consultation online.

Posted by Lorrie Ross at 9:51 am