Category Archives: Uncategorized

How to File a Car Accident Claim with State Farm

Tuesday, January 31, 2023

Like most places in the United States, California is a fault car accident state. If you are involved in a collision, you have the right to file a lawsuit against the person who caused your accident. You can also file a claim against the at-fault driver’s insurance policy.

If the at-fault driver holds State Farm insurance coverage, pursuing compensation can be complicated. In these situations, it is important to consult with a California car accident lawyer who can represent your case and guide you through the claims process.

Steps to Take After a Car Accident in California

The steps that you take after a car accident could affect your chances of recovering a fair settlement. After the collision, remain calm and take the following actions to protect yourself and your future case:

Call 911 to report the accident to law enforcement. Ask for the responding officer’s information so you can find the report later.
Seek medical care, even if you do not feel hurt. Save all of your medical records—these documents will be critical evidence.
Exchange your information with any drivers who were involved in the accident. Collect contact, license, and insurance information.
If any witnesses saw the accident, ask for their names and contact information so you can ask them to testify in your case.
Take as many photographs and videos of the car accident scene as you can.
Avoid apologizing or admitting fault for the accident. This could affect your ability to recover compensation.
Contact a California car accident lawyer to discuss your case.

How to File a Claim with State Farm Insurance

The first step for filing an insurance claim with State Farm is to contact the company’s 24/7 Claims Service Center. Report the accident and answer the representative’s basic questions about the accident, such as when and where it happened. Your attorney can help you prepare for this call.

Once you have reported the accident to State Farm, the company will assign you a claim number and an adjuster who will investigate your case. They will also schedule an appointment to take your car to an approved auto repair service facility for a repair estimate.

What Happens After You File a Claim with State Farm?

Once you have filed your claim with State Farm, an adjuster will investigate your case and determine whether you are eligible for compensation and how much you should receive. You and your attorney may also attend negotiations with the company to reach a more favorable settlement.

The claims process can take a few days to a few weeks, depending on the complexity and severity of the crash. If the insurance company denies your claim, you have the right to file an appeal with State Farm. You can also take your claim to court and file a lawsuit against the at-fault driver.

Contact a California Car Accident Attorney

If you plan on filing a State Farm claim, you need an advocate on your side. A California car accident attorney can help you navigate the claims process, handle negotiations with the insurance adjuster, and fight for your right to maximum compensation. Contact a lawyer as soon as possible following your accident to plan your next steps.

Posted by highrank at 4:56 pm

How to File a Car Accident Claim with Liberty Mutual

Tuesday, January 31, 2023

After a car accident in California, you have two options to recover compensation: filing a personal injury lawsuit and filing an insurance claim. Most cases begin in the insurance process before escalating to a lawsuit if necessary.

Liberty Mutual is one of the most popular car insurance companies in the United States. If the at-fault driver has Liberty Mutual coverage, you will need to follow several careful steps to pursue a claim. Navigating an insurance claim can be a challenge, but a California car accident attorney can guide you through the process.

What to Do After a Car Accident in California

Filing a Liberty Mutual claim begins long before you contact the insurance company. In fact, the steps you take after the collision can significantly impact your future case. To protect your right to compensation, take the following actions after the collision:

Call 911 and report the accident to the police, even if the crash seems minor.
Seek medical attention and save all of your medical records.
Exchange contact, license, and insurance information with the at-fault driver.
Take photographs and videos of the accident scene.
Speak to witnesses and ask for their contact information.
Contact a car accident lawyer who can represent your claim.

Filing a Claim with Liberty Mutual Insurance

Once you have received medical care for your accident, it is time to file a claim with Liberty Mutual. The very first step is to call Liberty Mutual’s claims center. Make sure that you have the driver’s policy number ready. Your attorney will prepare you for what comes next.

The company may ask you a few questions about the accident. Answer these questions to the best of your ability and if you do not know an answer, say that you do not know. Remember, anything that you say during this call will be used in your future case.

Next, you will need to complete a claim form. This form can be completed online or over the phone for Liberty Mutual. Once you submit the claim form, the company will assign an adjuster to your case who will investigate the accident and determine whether you are eligible for compensation.

Should You Provide a Recorded Statement to Liberty Mutual?

If your Liberty Mutual adjuster asks for a recorded statement, decline to provide one and speak to your lawyer as soon as possible. It is important to remember that the insurance company does not have your best interests in mind. The company is dedicated to protecting its bottom line, while your lawyer wants to recover the highest possible settlement in your case.

If you provide a recorded statement, you may say something that could impact your final award. For example, you may say that you did not suffer any injuries but later develop complications later. If this is the case, the insurance company will use inconsistencies in your statement to deny your claim or reduce your compensation.

To protect your right to recovery, it is best to not speak with the insurance company without your attorney present. Your lawyer can help you navigate the complex claims process and handle any discussions with Liberty Mutual on your behalf. As soon as possible after your accident, contact a California car accident attorney to discuss your next steps.

Posted by highrank at 4:49 pm

The Long-Term Effects of an Untreated Head Injury

Friday, December 30, 2022

Brain injuries can be very serious. One of the most important organs in the human body, the brain is responsible for controlling critical functions like movement, mood, and memory. When you suffer any type of trauma to the head, the brain can be damaged, resulting in both short-term symptoms and long-term complications.

The long-term effects of an untreated head injury can be severe, ranging from ongoing headaches to seizures and degenerative diseases. If you suffer a blow to the head, it is important to seek medical attention as soon as you can—and to speak with a personal injury lawyer about your legal options.

Ongoing Headaches and Migraines

A brain injury often results in persistent, frequent headaches and migraines. These chronic headaches can become worse over time, impacting your quality of life for weeks, months, or even permanently. Even with treatment, it is very common for brain injury victims to suffer from headaches.

Seizures and Post-Traumatic Epilepsy

It is common for untreated head injuries to result in ongoing seizures or even post-traumatic epilepsy. For some patients, these symptoms may begin immediately following the brain trauma. For others, seizures may not develop until months or years following the incident.

These episodes can be terrifying and come on suddenly without warning. Seizures and epileptic disorders are especially common among patients who show anomalies on their brain scans. In some cases, these seizures are permanent.

Mental Health Disorders

Many head injury victims suffer from emotional and cognitive problems in addition to physical complications. Failure to seek medical care can increase the risk of depression, anxiety, and many other mental health disorders. Patients may also experience changes in personality, mood swings, and feelings of aggression.

Sleep Problems

Many people with head or brain trauma can experience sleep problems. If you have suffered this injury, you may experience ongoing insomnia or an inability to fall asleep. You may wake up frequently during the night and experience excessive daytime sleepiness. Lack of sleep can cause significant emotional and mental health problems, resulting in further hardship.

Higher Risk of Death

Without proper medical care, an untreated head injury can result in a higher risk of death. This is especially true if you experience moderate to severe brain trauma. Fatal complications such as sepsis and embolisms may arise. Additionally, the mental and cognitive effects of trauma can increase the risk of suicide.

Degenerative Brain Diseases

According to some scientific studies, people who suffer traumatic brain injuries are more likely to suffer degenerative brain diseases like dementia, Alzheimer’s disease, and Parkinson’s. If you seek emergency medical care after a head injury, you can reduce the risk of long-term diseases and help brain cells heal. Without treatment, however, the brain cells will continue to degenerate, impairing brain function.

Speak to an Attorney About an Untreated Head Injury

Often, head injuries are the result of accidents caused by someone else, like motor vehicle collisions and hazardous property conditions. If you suffered brain trauma at the hands of another person, you may be eligible for legal action.

Depending on the facts of your case, you could pursue an insurance claim or lawsuit against the at-fault party. A California personal injury attorney can guide you through the litigation process and recover the compensation that you deserve. Contact a lawyer as soon as possible after your accident to discuss your legal options and plan your next steps.

Posted by highrank at 4:40 pm

What Causes Poor Road Conditions?

Wednesday, September 29, 2021

When we think of traffic accidents and collisions, we tend to think that the situation must have been caused by a driver that was reckless, distracted, or under the influence. However, unsafe roadway conditions are an underlying contributor to a number of accidents across the country. A poorly designed, ill-maintained, or naturally hazardous roadway can pose significant risks to even the most careful driver. In this article, we’re going to discuss some of potential hazards that can lead to unsafe road conditions.

Ill-Maintained Roads: If a road is not actively monitored and maintained by qualified professionals, it may deteriorate to the point that it becomes an active hazard for drivers using it. A poorly maintained road can result in a number of problems, including potholes and cracks in the blacktop. In some instances, a driver that hits an unexpected pothole may lose control of their car. This can cause the vehicle to veer into another lane or oncoming traffic. The car can also blow a tire or break an axle, resulting in a major collision.
Defective or Confusing Roadways: In other cases, a highway may be unusually dangerous due to an improperly maintained center barrier. When properly installed and maintained, a center barrier reduces the risk of drivers entering the opposing lanes of traffic. They are designed to redirect vehicles on impact, lessening the impact of a collision and protecting drivers on the opposite side of the road. If not kept in good collision, the barrier may fail and lead to a significant crash. Roads with hard-to-see lines or a lack of proper signage can also cause problems for drivers. Particularly on difficult or unfamiliar roadways, a lack of proper direction can lead to a collision.
Poorly Designed Roads: Some roads are dangerous due to intrinsic design flaws or oversights. Poor design can take a number of different forms, including: sudden or sharp curves with low visibility, blind corners, poorly lit roads, overly crowded roadways, inefficient merges that cause bottlenecks, ineffective drainage systems, a lack of shoulders for emergency stops, and obstructions such as trees or utility poles. If a roadway has a history of significant dangers and accidents, there may be an underlying factor in its design that contributes to such issues.
Unorganized Construction Zones: From time to time, it’s vital to repair, expand, or reconstruct sections of roadway. However, if a construction zone is poorly marked or traffic is directed in a confusing or inefficient manner, drivers can be at additional risk of an accident. Misleading signs and unpredictable changes to the roadway can substantially increase the chances of a crash. Additionally, construction vehicles can pose an unfamiliar risk to many drivers. Large trucks, bulldozers, excavators, and other heavy-duty vehicles may be present on or near the roadway in a construction zone.

Contact Rodriguez & Associates for Collisions Caused by Dangerous Roads

It can be challenging to prove that your collision was caused or influenced by a poorly maintained road. The skilled Bakersfield dangerous road lawyers at Rodriguez & Associates evaluate your accident to help determine whether:

A public agency controlled or owner the road the accident occurred on
The road involved was dangerous at the time of the accident
A dangerous roadway condition directly influenced the collision
The crash occurred in such a way that the public entity could have reasonably expected given the dangerous condition
The dangerous roadway came about because of the public entity’s failure to mediate the risk to drivers

We’re prepared to support you through the legal process and provide the justice you and your loved ones deserve.

Posted by highrank at 3:10 pm

Who Is Liable if I Was Bitten by a Stray Dog?

Monday, August 10, 2020

Dog bites can cause serious injury and debilitating illness, often leading to infections, scarring, and severe, painful wounds. If a dog attacks you, you can face intensive medical procedures, lost wages, property damage, and more — but if the dog’s owner meets certain liability criteria, you can file a lawsuit with the help of a Bakersfield dog bite attorney to collect compensatory damages to recover from these injuries. However, if a stray dog attacked you, different considerations apply.

Strict Liability in California Dog Bite Claims

Under California law, dog owners are subject to strict liability. This means owners liable for any injuries their dogs are responsible for, regardless of past behavior or negligence. If someone else’s dog bites you, you can file a lawsuit against him or her to collect compensation for the physical, financial, and emotional damages you incur due to the bite.

You do not have to prove the dog has a history of dangerous behavior or the owner was negligent at the time of the bite. However, you will not receive compensation in your case if you provoked the dog or you were trespassing on private property at the time of the attack. The court will not award damages if the animal was protecting its owner in self-defense, or if the dog was a military or police animal acting in accordance with its duties.

What Happens If a Stray Dog Bites You?

If a stray dog bites you, there is no owner you can file charges against. As a result, it is very rare to collect compensation in dog bite cases involving stray dogs. The only exception is if a government agency had control over the dog before it escaped and attacked you — in these situations, you may hold the city liable for your injuries.

For example, say that your city’s local pound picks up the stray dog and places it under their care. The dog then escapes and attacks you once it is outside. In these situations, you can argue that the pound’s negligence caused the dog to escape and subsequently injure you, and the agency is responsible for your damages.

Are Stray Dog Keepers Legal Owners?

The legal definition of ownership may also play a role in dog bite claims involving stray animals. Some people may keep and feed stray dogs on their property, but claim they do not own or have any responsibility over the canines. If one of these animals bite you, you may wonder whether or not the person taking care of the dog is legally its owner.

Dog ownership definitions vary based on state and local law. In Kern County, a dog owner is any person who owns, possesses, controls, harbors, cares for, or has custody of the animal for at least 15 consecutive days. If you can establish that a certain person had been caring for the stray dog for the required period at the time of the attack, you may be able to name him or her in a dog bite lawsuit.

What to Do After a Stray Dog Attack

If you suffer injuries during a dog attack in Bakersfield, your first priority is to get to a safe place and seek medical attention immediately. If you can do so without further injury or danger, take pictures of the area around the attack and any injuries you sustain. Collect the contact information of any witnesses in the area as well.

After receiving treatment for your injuries, contact a Bakersfield dog bite attorney as soon as possible. Your lawyer will help determine if you can hold a specific party liable in your claim, as well as collect the necessary evidence to prove that the defendant is responsible for your injuries.

Posted by highrank at 1:15 pm

Daniel Rodriguez Reacts to Vandalism of his Personal Injury Law Offices in Bakersfield

Thursday, June 4, 2020

Daniel Rodriguez was interviewed by 23ABC Bakersfield after he learned his personal injury law offices were tagged with anti-police rhetoric.

He was shocked, but said he understood the pain that many people are feeling right now.

Watch the interview below.

Posted by Lorrie Ross at 6:14 pm

Can I Sue a Rental Car Company for an Accident?

Wednesday, September 4, 2019

California is a fault car insurance state, which means that the at-fault driver in an auto accident is responsible for paying for the injuries and losses of the other drivers involved. Usually, the funds for this compensation come out of the driver’s insurance policy for his or her vehicle – but what happens when the vehicle is a rental car? Is it possible to hold a rental car company liable for an accident that was not your fault?

Liability in California Rental Car Accidents

If you were responsible for the accident, you may have to pay for the damages of the other drivers, passengers, and pedestrians involved, even if you were in a rental car. Unless you purchased coverage for the rental itself, you will usually have to pay for these damages through your personal insurance policy.

If you were not at-fault for the accident and the other driver was in a rental car, you typically cannot file a lawsuit against the company itself – instead, you have three main options to collect compensation.

You can file a claim with your own insurance company.
You can file a claim with the at-fault driver’s insurance company.
You can file a personal injury lawsuit against the at-fault driver in California civil court.

Most rental car companies do offer liability coverage at the time of the rental. You could claim funds through this policy as well if the at-fault driver purchased this coverage. However, filing a claim with the rental car company’s insurance is not the same as holding the company liable for your accident.

Can You Hold a Rental Car Company Liable for Your Injuries?

In order for you to name a rental car company as an at-fault party in your insurance claim or lawsuit, you will have to prove that the company contributed to the accident in some way. The company’s negligence must have played a role in causing the accident, not just the other driver. Usually, this negligence manifests in an issue with the rental vehicle itself.

This can occur in a number of ways.

The rental car company could know about a dangerous condition in one of its vehicles, but choose to rent the car out to a driver anyway. You will have to prove that someone, from a renter to a manufacturer or mechanic, warned the company about the defect and they failed to take action.

The company could have failed to perform standard vehicle maintenance. Since the company has a duty to ensure that each of its vehicles are safe to drive, they must perform routine maintenance and check-ups. If the company does not invest in maintenance, fails to fix a known issue, or otherwise rents out a dangerous car that is not in safe condition, you could hold the company liable for your accident.

The rental car company must also follow state and federal laws and not engage in unethical or illegal business practices. If the company rents a vehicle to a driver without a license, for example, they could be liable for any accidents that driver causes. Using unlicensed mechanics and poor auto parts could also be grounds for liability.

Proving Rental Car Company Liability in Car Accident Claims

If you believe that the rental car company involved in your accident could share a portion of the liability, contact a California car accident attorney as soon as possible. You and your attorney will need to collect evidence to establish the company’s negligence in your claim. To do so, you and your attorney will need to prove four elements.

The rental car company owed you a duty of care.
The company breached their duty of care.
You suffered injuries as a result of this breach.
You can collect damages for your injuries in the claim.

Contact an attorney as soon as possible to begin collecting evidence and building your claim.

Posted by highrank at 5:39 pm

Joel Andreesen Named Board President for CSUB Roadrunner Scholarship Fund

Friday, August 23, 2019

Joel Andreesen, senior partner of Rodriguez & Associates, has been named Board President for California State University, Bakersfield’s (CSUB) Roadrunner Scholarship Fund for the 2019-2021 term.

The Roadrunner Scholarship Fund supports champions made in the classroom:

Their student- athletes are leaders among their peers, having a higher grade point average and graduating at a higher rate compared to the entire CSUB student body.
CSUB’s student- athletes give back to the community, devoting more than 2,000 hours to community service projects throughout Kern County last year.
Their student- athletes have a proud history of winning, with 30 DII National Championships, 65 DI All-American honors, 318 Academic All-WAC honors, 326 individual WAC honors, and seven WAC championships.

Rodriguez & Associates congratulates Joel on his new position.

Posted by Lorrie Ross at 5:18 pm

Rodriguez & Associates: New Location Effective July 15, 2019

Tuesday, July 9, 2019

We would like to inform you that we will be at our new location effective Monday, July 15, 2019, at 8:00 a.m.

Our new address is:
1128 TRUXTUN AVENUE
BAKERSFIELD, CA 93301

Our contact information: Telephone number, fax number, and email will remain the same.

For questions, please contact us at 661-323-1400.

new bakersfield location for Rodriguez & associates

Posted by Lorrie Ross at 7:51 pm

Can I Sue The Police For Killing My Dog?

Saturday, June 10, 2017

Police officers receive training for many different scenarios, including those involving dogs. Unfortunately, mistakes can and do happen. The heat of the moment, a perceived threat, or miscommunication can all lead to the untimely death of a beloved canine. In these cases, a dog owner can take a few different types of actions to hold the officer/agency accountable and start the recovery process.

Possible Claims Against the Police

A pet owner can look at both federal and state laws to determine the right jurisdiction for a legal claim. Unless an officer commits an act of cruelty that results in the death of the dog, California remedies fall under property-related claims. Under Californian and most other state laws, an owner can sue for the value of the dog, any medical bills for the dog prior to death, and emotional distress. Animal cruelty deaths fall under a different category and may warrant a larger settlement.

Many dog owners choose to file claims against police officers in federal court as a Fourth Amendment violation (illegal property seizure). Depending on the facts of the case, the plaintiff may make an argument for illegal seizure and/or acts of excessive force. In a federal claim, a plaintiff may receive damages for costs associated with the death of the dog, owner mistreatment (if applicable), and personal emotional distress.

While these claims seem straightforward, law enforcement agencies enjoy many protections from both civil and criminal claims associated with dog shootings. Officers enjoy civil action immunity if they acted within the scope of the job and made a good faith attempt to honor an owner’s rights. Officers may also escape liability in claims if they can demonstrate adherence to agency procedures during the incident.

A law enforcement agency may attempt to settle a claim outside of court instead of fighting the accusation. Dog owners must carefully evaluate the settlement offer before accepting or rejecting it. An agency may only offer compensation for the “going rate” of the dog based on its breed, background, and age. This type of settlement may not cover the pain and suffering an owner experiences after experiencing the death of a canine companion.

What to Do After a Police-Driven Canine Killing

Dog owners can take steps immediately after a canine killing incident to protect their rights to compensation:

Call emergency services. Report the incident and request support and an investigation. If you wait to report the incident, investigators may miss important pieces of evidence. As with any injurious incident, a swift investigation can prevent evidence loss or tampering.
Record witness information. Look for any witnesses to the event and write down their contact information. In urban and neighborhood environments, search for any security cameras that might contain footage of the incident. A visual recording can serve as powerful evidence of police misconduct.
Record officer information. If you are present at the time of the killing, ask for the officer’s name and badge number. Officers must file a report every time they discharge their weapons. Investigators can often locate an offending officer, even if the owner did not witness the incident.
Talk to an attorney. Canine killing cases run the gamut from small claims settlements to civil claims worth hundreds of thousands of dollars. Until a police misconduct attorney reviews the evidence, avoid taking a settlement or talking about the case.

Law enforcement agencies do not keep data on the number of dogs shot, but one specialist from the Department of Justice’s Community Oriented Policing Services facility estimates officers kill 25-30 companion dogs every day. As social media draws awareness to the ongoing problem and more loving pet owners pursue legal action against the police, standard legal procedures may change. Instead of using lethal force, officers could substitute a non-lethal alternative and avoid unnecessary harm to animals and their owners.

Until law enforcement practices change, pet owners must understand their rights after a dog’s death. They can pursue a civil claim to agency perspectives and receive compensation for their losses.

Posted by highrank at 9:28 pm