Can You Use Your Cell Phone at A Red Light in California?
The post Can You Use Your Cell Phone at A Red Light in California? first appeared on Accident Lawyers Firm.
Cell phones are becoming a part of daily life for many people. However, there are some strict rules about using these devices by drivers. These are reasons why you cannot use your cell phone at a red light in California.
These roads are filled with distracted drivers. Drivers are touching their phones, eating, and even drinking while driving. It is important to be aware of your surroundings at all times so that you can react quickly if something does go wrong. So many accidents are caused by distracted drivers each year in the United States. When you get hurt in an accident due to not paying attention to a red light, you need to contact a personal injury attorney to help you navigate the legal system.
You may have to pay a fine if you are caught using a cell phone while driving in California. Many laws in California are broken by drivers who use their phones while driving. A fine can run into thousands of dollars depending on the circumstances and how many violations you have committed. You will also need to pay a car crash lawyer to represent you in court. They will help you negotiate with the insurance company to ensure both you and the other party are compensated for your injuries.
In conclusion, you cannot use your cell phone at a red light in California. It is because it’s a distraction, risky and rude. Following the rules can keep you safe and make the roads safer for everyone. You may not know it, but you can also get into an accident with a distracted driver who does not follow California’s rules. When that happens, you will want to call a car accident lawyer to help you figure out what your legal rights are. Be aware of your surroundings and avoid stopping at red lights whenever possible. Driving safely is important for all of us for many reasons.
The post Can You Use Your Cell Phone at A Red Light in California? first appeared on Accident Lawyers Firm.
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You are hurt in a car crash, you are likely in pain and your vehicle has been damaged. The last thing you need is someone from the insurance company denying the validity of your claim but that’s exactly what they do.
The insurance company’s job is to maximize profits and do everything they can to prevent themselves from paying you. One way they do this is to categorize your claim as a MIST claim. MIST is an acronym created by insurance companies to undercut reasonable claims made by injured victims. MIST stands for minor impact, soft tissue. In the mid-nineties, auto insurance companies began adopting stringent practices to deal with MIST cases.
One of the MIST injuries best known by auto accident lawyers in Newport Beach is whiplash. Whiplash is a neck injury that usually occurs from a rear-end collision. Rear-end collisions cause the neck to snap back and forth rapidly causing symptoms of pain, stiffness, and headaches. Like many MIST injuries, you may not feel the pain from whiplash for several days.
More moderate examples of MIST injuries include strains, sprains and contusions. Despite what the insurance company states, failing to treat these injuries can lead to long term damage. Anyone involved in a low impact accident should still seek medical treatment as soon as possible.
MIST creates an impression that because your crash was low speed or created only minor damage, then your pain symptoms are also minor and should resolve on their own with little to no treatment. There’s no real science behind this assertion. In fact, the medical literature proves the opposite.
Insurance adjusters typically work off a script and are trained to deny claims of low impact injuries outright. They may also give you a lowball offer for a financial amount that won’t even cover your medical expenses, let alone your pain and suffering. Carriers have a protocol to aggressively defend MIST claims. They will send you a boilerplate letter often claiming that there is no mechanism for injury, meaning the cause of your injuries could not have come from the crash or that you were not injured at all. This is their attempt to intimidate you into not seeking treatment and settling at a low offer.
The uphill battle you will face in getting compensation for your soft tissue injuries is why you need a zealous personal injury attorney in Newport Beach to represent you. Contact Accident Lawyers Firm and get your free consultation today.
The post What is a MIST Claim? first appeared on Accident Lawyers Firm.
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In California, like most states, clients usually pay their own legal fees. However, California has a way to shift those costs from one party to the other, through the 998 settlement.
998 is named for the code section of Civil Procedure where the law can be found. It is a cost-shifting option that places the financial burden on the party that rejects a reasonable settlement offer made in good faith.
The majority of cases will settle before a 998 is ever necessary. In fact, the 998 offer can only be made once litigation is initiated with an injury attorney in Newport Beach. Some cases require a little more work, and the 998 is a valuable tool to assist in the resolution of claims before trial.
Section 998 states that, not less than 10 days before commencement of trial, any party to an action “may serve an offer in writing upon any other party to the action to allow judgment to be taken in accordance with the terms and conditions stated at that time.” The offer is deemed withdrawn if not accepted before trial commences or within 30 days, whichever occurs first.
If the offer is accepted then the accepted offer is filed with the court and judgment is entered accordingly. If the offer is rejected and the person rejecting the offer does not receive a judgment better than the offer then certain cost-shifting mechanisms set in. This is all in an effort to encourage settlement before trial.
The types of costs that can be shifted include filing fees, jury fees, expert witness fees and certain other legal fees. The 998 offer does not include attorneys’ fees, and liens are generally excluded, too. The way a 998 offer works also depends on who is making the offer.
Offers from the Plaintiff
When the plaintiff sends a 998 offer to settle and the defendant rejects that offer without offering an alternative, the court may award a “reasonable sum” to cover the plaintiff’s expenses for expert witnesses. There are additional codes that provide for pre-judgment interest on the plaintiff’s judgment.
Offers from the Defense
When the 998 offer to settle comes from the defendant and the plaintiff rejects it, the plaintiff must then receive a more favorable judgment. Otherwise, the plaintiff is not entitled to recover court costs and must pay the offering defendant’s costs from the time of the offer.
Under section 998(e), if the awarded costs exceed the plaintiff’s recovery, the court will enter a judgment in favor of the defendant for the difference. As such, the risk of rejecting a 998 offer from the defendant can be substantial.
Multiple Parties
Some cases have multiple plaintiffs or defendants and there are special rules to follow for 998 offers. Generally, a separate offer must be made to each party in the lawsuit, and each party can accept the offer without consent of the other parties. In addition, the offer should set forth individual allocations to each party. However, in cases where there is proof the claim cannot be divided, then joint offers have been accepted by the court.
Used properly, the 998 offer can show the opposing party that you are dealing in good faith, are ready to negotiate, and want to avoid trial. It is wise to remember that 998 laws can be complex and require an experienced attorney on your side. That’s why at Accident Lawyers Firm we strive to make the 998 process simple and effective.
Contact Accident Lawyers Firm to speak with an experienced accident injury attorney in Newport Beach today.
The post What is a 998 Offer to Settle? first appeared on Accident Lawyers Firm.
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Electric scooters have been growing in popularity, especially with scooter-share services and the eco-friendly riding opportunities they offer. While electric scooters can be fun, there are several important laws that you need to understand to ride safely. Below are a few essential California laws regarding electric scooters compiled by our bodily injury lawyers in Newport Beach.
Speed Limits
In California, regardless of posted speed limits, electric scooters are limited to an official speed limit of 15 MPH. That means that even when the posted speed limit on the road is 35 MPH and electric scooter must travel no more than 15 MPH. Many popular scooter brands advertise themselves for speed, and this law is a big hit to their main selling points. The fine for riding over 15 MPH is $250.
Legally Consideration Compared to Motor Vehicles
One of the most important laws you should know is the “catch-all” traffic law for e-scooters. CVC (California Vehicle Code) §21221 considers electric scooters to be motor vehicles. You have all the same rights and responsibilities as a motor vehicle driver on the road, and this law is taken very seriously by law enforcement. The only exception is where those rights and responsibilities, “by their very nature, can have no application.” This law also includes driving under the influence, resulting in a DUI charge and fine of $350.
Use Bike Lanes
CVC §21229 requires e-scooters to be ridden in bike lanes when one is available. This includes bike paths and bikeways. The law refers to a “Class II bicycle lane,” a type of bike lane located on the right edge of a street and has a solid white line on each side. It also usually has a bicycle symbol inside the borders and only facilitates one-way riding. There are four exceptions to riding in a Class II bike lane:
Crosswalk Rules
E-scooters must follow all crosswalk rules. CVC defines a crosswalk as a sidewalk. Under CVC §21235(g), it is a traffic violation to ride an electric scooter on a sidewalk. As such, it is a violation to ride in the crosswalk. Riders must dismount and walk their scooters across crosswalks to avoid a possible fine of around $200.
Left Hand Turns
CVC §21228 requires riders of e-scooters to turn left by:
No Tandem Rides, Stay off Sidewalks and Have a Valid License
CVC §21235 prevents:
Minors Must Wear Helmets
All riders under the age of 18, adults are exempt, are required to use bicycle helmets when riding e-scooters. The helmet must fit properly and be fastened. This law came after much debate as it does not apply to adults. However, riding without a helmet is very risky and can lead to catastrophic injuries to the head, neck, brain, and face. Major electric scooter companies such as Lime and Bird recommend riding with a helmet at all times and are required to offer helmets with their rentals. They are also required to warn their riders of the risks of riding without a helmet.
Electric scooters are fun, but many people don’t realize how injurious their accidents can be when the scooter is defective or when the rider is not being safe. Contact a personal injury attorney in Newport Beach if you need compensation after an accident.
The post Electric Scooter Laws Explained first appeared on Accident Lawyers Firm.
It’s no secret that the Los Angeles area’s heavily traversed roads are riddled with potholes and other irregularities. Many residents notice a decrease in the lifespan of their tires once they move here.
These conditions are especially dangerous for cyclists and motorcyclists, as their small vehicles are easily thrown off balance by bumpy and dipped terrain.
A rough encounter with a particular street may leave you wondering, can I sue the city for the damage caused to my car by improperly maintained roads? Property injury lawyers in Newport Beach will tell you the answer is yes! You can sue the city of Los Angeles if poorly maintained roads damage your car.
Who will be the focus of your lawsuit? Road maintenance is the duty of the city, county, or state, but you will need to sue city hall. You can sue city hall because of their failure to maintain a reasonably safe road. Because they failed to make the road safe for your car, they are liable for the damage.
Your personal injury attorney in Newport Beach will have to go about this injury claim differently than if your car’s damages were caused by an accident. While state and federal tort claims acts may provide for lawsuits against government entities, you have to file a “notice of claim” with Los Angeles city hall. Your property damage claim will be subject to different statutes of limitation. You should act as quickly as possible if your car is damaged by faulty road conditions.
Just like any car accident claim, you need to provide evidence of your claim. You should take photos of the damage to your car. You should also take photos of the road area where the accident happened.
Don’t wait for your claim to be filed before you hire a mechanic to fix the damages. Instead, you should have your car fixed. Keep the bills from the mechanic to include in your claim.
If a construction crew was actively working on the road and their equipment was what damaged your car, then you should sue the construction company. While the state was not negligent because they were attempting to fix the road, the construction company may have been negligent in creating a safe work area.
An experienced car crash attorney in Newport Beach may be able to help file your claim against the government. Call our office to schedule a free consultation.
The post Can I Sue if My Car is Damaged by Road Conditions or Construction? first appeared on Accident Lawyers Firm.