California Car Accident Caused By Someone Texting & Driving? Here’s How To Prove It
A Car accident attorney typically works in firms that see all kinds of personal injury cases. However, car accidents were responsible for 42,338 deaths and 4.8 million medically consulted injuries in 2020 alone. This makes car accidents one of the most common causes of injury and death in the US. Texting and driving is an increasingly growing problem that’s causing more accidents on the roads. In fact, there have been about 50,100 and counting. As a result, it is becoming a significant factor in car accident lawsuits. If you were involved in an accident, but the at-fault driver was on their phone, you need to understand how it affects your case and what you need to do to protect your legal rights. Understanding the California Laws Surrounding Texting and Driving The laws surrounding texting and driving can vary from state to state. In California, however, texting and driving is illegal. The law also extends to include using a handheld device in general. This includes dialing phone numbers, browsing the internet, and even holding a phone whether or not they were using it. Drivers using their phones in any way not considered hands-free at the time of an accident can be charged with a criminal offense. Note: Anyone in California under 18 may not legally use their phone while driving in any manner for any reason. This doesn’t exactly affect any concurrent civil cases. However, the same evidence can be used to prove negligence in a civil lawsuit to hold the defendant responsible for injuries and damages. Proving Negligence in a Texting & Driving Accident For Your Car Accident Attorney & The State Of California To help your California car accident lawyer hold a driver liable for a texting and driving accident, you need to prove the driver’s negligence. This means you’ll need to show that the driver wasn’t exercising reasonable care and that their behavior directly caused the accident. In the case of a texting and driving accident, this can be difficult to prove. However, here are some of the best ways you and your attorney can prove negligence. Driver Admission In the heat of the moment, drivers may just outright apologize and explain that they were texting and not paying attention. While this doesn’t outright guarantee the accident as a whole is their fault, it can only help support your case. Police Report Whether drivers admit to texting or not, officers documenting the incident may arrive at this conclusion independently. If so, they’ll most likely include it in their reports. If you or another witness saw the distracted driver on their phone or even suspect it based on clues like signs of reckless driving, inform the police officers. Doing so can help get crucial information into official police reports and further solidify your claim, helping your car accident attorney fight for you. Reckless Driving Another way to prove negligence is to show that the driver was behaving recklessly or carelessly. This includes things like swerving in and out of lanes, running red lights, and failing to yield or stop. If the driver was displaying these or other reckless driving behaviors, we can reasonably assume that they were not paying attention to the road, which directly caused the accident. Photo & Video Mentioning your account of events to a police officer to get it on record is important. However, nothing replaces solid evidence. If you, your passenger, or any other witness took photos or videos proving the defendant’s distracted driving, it can drastically help your car accident lawyer in winning your case. Phone Records Don’t forget that California courts can subpoena phone records if they deem it necessary. You can leverage these records as evidence to prove the defendant’s negligence at the time of the crash. If the timestamps of sent messages or phone calls line up with the documented time of the crash, the evidence is hard to refute. Medical Records It is also essential to document your injuries and any medical treatment you received as a result of the accident. This can include medical bills, prescriptions, and photos of your injuries. While this evidence can’t directly support the defendant’s negligence, it will be used to support your claim for damages. An experienced attorney can accurately portray medical evidence to win you the compensation that reflects the injuries and damages from your car accident. Hire A Car Accident Attorney To Maximize Your Chances Of Fair Compensation Texting and driving is a dangerous behavior that can lead to serious accidents. Have you been involved in a car accident and suspect the at-fault driver was distracted? This behavior can impact your case for the better, but you need to be aware of how to prove it. Working with an experienced car accident attorney can ensure you leave no stone unturned. An attorney can help you understand your legal rights and can guide you through proving the at-fault driver’s negligence. So if you’ve suffered a car accident caused by another driver’s negligence due to texting on the road, make sure to hire a car accident attorney experienced with these types of cases.At Kuvara Law Firm, our lawyers have been helping injured Californians fight for their car accident claims since texting and driving first became a threat and well before. Our combination of skill, resources, and experience will drastically boost your chances of winning. Contact us today to see how we can help you get the compensation you deserve.
Lyft Car Accident Insurance Claims
It’s easier than ever before to get a ride somewhere. In the not-too-distant past, getting a ride meant hailing a cab or calling a taxi company and hoping that they sent a driver. Today, you can get a ride with just a few taps – and you don’t even need cash on hand to pay for it. As convenient as ridesharing apps may be, they do come with some dangers. Drivers for companies like Lyft and Uber don’t need much more than a driver’s license and a vehicle to get started – and they’re often distracted by the very apps that they use to arrange rides. When you’re in an accident with a rideshare driver, the question of who is responsible for your losses can get very tricky. In comparison to regular car accident cases, Lyft accident claims are more complicated because the crash may be covered by the driver’s insurance policy or Lyft’s insurance, depending on what was happening at the time of the crash. Our team of lawyers will advocate for your right to full compensation after a Lyft accident – and won’t charge you a fee unless we recover money for you. Reach out today to schedule a free consultation with an attorney in our San Rafael, California personal injury law firm. What to Do If You’ve Been in an Accident with Lyft If you have been involved in a motor vehicle accident with a Lyft driver, then there are certain steps that you can take to protect yourself. This is true regardless of whether you are a passenger in the vehicle, another driver, a pedestrian, or a bicyclist who was hit by a Lyft driver. Lyft policy is for its drivers to call 911 after an accident, to make sure that their passengers are OK, and to make sure that everyone who needs it gets medical attention. If the driver does not call 911, you may want to call yourself. When the police arrive, they will write an accident report that could be used to support your claim. One of the most important things that you should do is to get medical care – even if you don’t think that you were badly hurt. Seeing a doctor right away can help you get a prompt diagnosis and treatment for any injuries. It can also establish a link between the crash and your injuries. If you are able to do so, gather information while you are still at the accident scene. This may include: If you can, take pictures and/or videos of the accident scene and your injuries. Once you have gotten medical treatment and are able to do so, schedule a free consultation with a San Rafael car accident lawyer. While Lyft provides a way to file an accident report online, it is always a smart idea to consult with an attorney before you put anything in writing. Your lawyer can help you with this process. Depending on what happened, you may be dealing with three or more insurance companies – including the Lyft driver’s personal insurance policy, Lyft’s commercial policy, and/or any other driver’s insurance policy (including your own). This can get confusing – and complicated. Lyft only provides coverage for accidents when its drivers are actively working. Otherwise, if the app is off, you can only seek coverage through the driver’s personal insurance policy. If they are working, then Lyft’s commercial policy will cover: This means that your ability to recover fair compensation for your losses depends on what exactly was happening at the time of the crash. A personal injury law firm can help you navigate this aspect of your Lyft accident claim, working to ensure that you get top dollar for your injuries. How to File a Lyft Claim If you have been injured in an accident with Lyft, you will need to file a claim with their insurance company. This is true whether you were hurt as a passenger, the driver of another vehicle, or even a pedestrian or bicyclist. Through Lyft’s website, you can report an accident directly to the company. This puts Lyft on notice that there has been a wreck, and that they may be financially responsible for it. When you file an accident report with Lyft, the company will connect you with their claims center representatives. It is important to be incredibly careful about what you say or write to these representatives. Even if they seem caring and helpful, they still work for Lyft – and part of their job is to get claimants to say something that may undercut their claim for damages. When talking to a claims center representative, try to stick to the very basic facts of when and where the accident happened. Avoid talking about the cause of the accident, who you think may be responsible, or the extent of your injuries. For example, you could say something like, “The crash occurred at 4:15 p.m. on Main Street when I was a passenger in a Lyft vehicle.” If you decide to hire a personal injury attorney, they can take over these communications for you. They can even file the accident report with Lyft on your behalf. Allowing your lawyer to handle all conversations with Lyft and their insurance company reduces the risk that you may say or do something that reduces the value of your claim. Dealing with a Lyft Insurance Adjuster Most people believe that other people are inherently good and fair. In reality, this isn’t always the case – particularly when you are dealing with an insurance company or major corporation like Lyft. After you file an accident claim with Lyft, a claims adjuster may reach out to you. They may tell you that they accept responsibility for the accident or even offer you a settlement right off the bat. You may be tempted to give a statement, sign paperwork, and move forward with your life. But doing so without consulting with a personal injury lawyer first is almost always
GEICO Insurance Claims Process
No matter how careful you are as a driver, there is still a high risk of getting into a car accident. According to one study, 77% of drivers in the U.S. have been involved in at least one motor vehicle collision. That same report found that the chances of getting into a car accident during a 1,000-mile trip are 1 in 366. If you are involved in a car accident, you may be entitled to financial compensation for your losses. If the at-fault driver was insured by GEICO, however, getting the full amount of money that you deserve can be challenging. A San Rafael car accident attorney can advocate for your right to maximum compensation. Since 1971, the Kuvara Law Firm has fought for the rights of injury victims. We understand how difficult the aftermath of a car accident can be. Our legal team will work with you to help you get the money that you are entitled to – and we will never charge a fee unless we get money for you. The GEICO Claims Process After a car accident, both drivers will typically notify their insurance company of the crash. This starts the claims process. If you are involved in a collision with a driver insured by GEICO, they should either call their insurer or fill out an online claim form. There may be situations where the at-fault driver doesn’t report the claim. In this situation, you may file the claim yourself. Whether the other driver files the claim or you do it, it is known as a third-party claim. Making a third-party claim may seem straightforward, but it can be filled with pitfalls if you aren’t careful. Remember that GEICO makes a profit by paying as little as possible on car accident claims. They will use what you say and the information that you provide to minimize the amount that they pay you – or even to deny your claim entirely. That is why it is a good idea to consult with a San Rafael car accident lawyer before talking to GEICO – and definitely before you give a statement, sign anything, or put anything in writing. Initial consultations are free of charge, and you can get a better understanding of your rights and options for pursuing a claim. If you decide to hire a personal injury attorney, then they can take on the task of communicating with GEICO for you. This can be a huge relief for any accident victim. Filing a GEICO accident claim means dealing with a lot of paperwork and bureaucracy. Even if everything goes as planned, it can be a burden to get everything together and communicate regularly with the insurance companies – especially when you are also dealing with medical appointments, therapy, and other matters. Hiring a car accident lawyer can relieve a lot of the stress associated with a GEICO accident claim. They will take over the paperwork and communication for you, protecting your interests while also leaving you free to focus on what truly matters: your health and well-being. Dealing with a GEICO Claims Adjuster GEICO (Government Employees Insurance Company) is one of the biggest insurance companies in the country. It makes a profit by taking in more in insurance premiums than it pays out on claims. To accomplish this goal, GEICO claims adjusters work to minimize the company’s liability on legitimate car accident claims. No matter how friendly they may seem, an insurance adjuster is a representative of their employer. They are not on your side. They are tasked with resolving your claim for as little money as possible. To achieve this goal, the adjuster may pressure you to say that you’re fine when you aren’t, to admit fault, or to sign away important rights. For example, a GEICO claims adjuster may approach you after an accident and tell you that the company takes full responsibility. They may ask you to give a statement and sign a few papers so they can get to work processing your claim right away. What you may not realize is that when you go along with their request, it can tank your claim. Once you give that statement or sign that paperwork, GEICO will start to pick it apart, looking for weaknesses in your case that can be used to lower the case value. They may also start searching through your medical records to find an explanation for your injuries other than the car accident, such as a preexisting condition. An attorney can protect you from these tactics. They can work to limit GEICO’s access to your medical records, so that only information that is actually relevant to your claims is released – instead of your entire medical history. They can also ensure that you aren’t tricked into admitting fault or saying something that could undermine your claim. A GEICO claims adjuster may also delay your claim, hoping that you’ll accept whatever low ball offer they make in desperation. They know those accident victims are often under financial stress, especially if they are off of work while they recover from their injuries. The longer they delay a payout, the more eager you may be to take whatever they are willing to give you – even if it doesn’t come close to covering all of your losses. When you have a lawyer by your side, GEICO is far less likely to slow walk your claim. They will know that you mean business – and that you can and will file a lawsuit if you don’t get a fair settlement offer that compensates you for your injuries. It doesn’t cost anything to meet with a personal injury law firm and learn more about your rights. If you do decide to hire a San Rafael car accident attorney after a free initial consultation, you won’t pay anything upfront. In other words, there is no risk in talking to a lawyer or even hiring one to represent you in your GEICO accident claim. GEICO Car
