The Complete Guide to Summer Motorcycle Safety

motorcycle safety tips

Almost half of all motorcycle fatalities happen during the summer months. Some motorcyclists make the assumption that the wintertime is the most dangerous time to ride due to wet and sleek roads. However, regardless of the seasons, it’s important to maintain these best practices when taking your bike out on Tustin’s open road. Here are the best motorcycle safety tips to follow in Southern California.

 

Always Wear Your Motorcycle Helmet

Even if you are just making a short trip, it is imperative that you wear your helmet at all times. California enforces helmet use laws, and you can be fined if you are caught riding without one. This is because it’s possible to get into a fatal motorcycle accident at very slow speeds.

In addition, make sure that you buy one that has a “DOT” label on the back of it. These helmets have been approved by the Department of Transportation, which means that they are of a higher quality than other kinds of helmets.

If your helmet does not have a face shield, you should make sure that you wear goggles over your eyes to protect your eyes from bugs, flying debris, or anything else that could obstruct your vision.

 

Wear the Right Protective Gear 

One of the most important tips for motorcycle safety is to wear the right kinds of clothing that will protect you if you happen to get in an accident. By covering your legs and arms with heavy-duty clothing, you’ll be less likely to suffer severe motorcycle injuries if you happen to get in an accident. Leather pants, a leather jacket, or thick clothing are ideal. Also, make sure to wear sturdy boots that cover your ankles.

Lastly, don’t forget to wear a pair of gloves. This is especially important if you are going to be riding your motorcycle for long distances. Gloves help motorcyclists maintain control of their bikes if their palms become sweaty or if it starts raining.

 

Understand How Your Motorcycle Functions

If you are still learning how to ride your motorcycle or if you’ve recently purchased a new bike, don’t go out on the road until you know how the controls work. Take time to adjust pedals and levers so that you can easily reach them. Also, make sure that you know how to turn your headlights on and honk your horn.

For new riders who recently purchased their motorcycles, ensure you have undergone training and a thorough overview of how the bike functions from the dealership.

Perform a Safety Check Before Riding Your Motorcycle

Even if you rode your motorcycle just a few hours earlier, make sure to always perform a safety check before taking it for a ride.

Start by making sure that the tires are properly inflated and that there is nothing wrong with them. Check your fluids and top them off if it’s necessary for you to do so. In addition, don’t forget to check all of your lights, including your brake light and turn signals.

 

Practice Defensive Driving 

When you are out riding your motorcycle, it is a great idea to position your bike so that other drivers will easily be able to see you. Therefore, never stay in another driver’s blind spot for more than a few seconds.

If you think that another driver is about to put your safety in jeopardy, do not hesitate to honk your horn or pull back and keep a safe distance from that vehicle. Practice defensive driving so you can avoid accidents. Not only will you risk getting injured, but you also might have to file a motorcycle lawsuit.

 

Watch Out for Road Hazards

People who do not stay on the lookout for hazards on the road are more likely to get in wrecks. Since motorcycles have less contact on the road than automobiles, they are prone to skidding when they hit bumps on the road.

By staying attentive, it’s possible to prevent this from happening. You should also try your best not to ride your bike on debris such as wet leaves and loose gravel. When you need to pass over railroad tracks, make sure that you approach them from a right angle. This will prevent your bike from skidding.

 

Keep Your Motorcycle Well Maintained 

It’s a good idea to check your battery at least every month. You should oil your chain every few weeks and change your oil every three months. In addition, make sure to check your owner’s manual to find out when to replace certain parts such as the spark plugs. Owning a motorcycle comes with a big responsibility. By keeping it well maintained, you will be a safer driver. Your trips will also be more enjoyable.

 

Make Use of These Motorcycle Safety Tips 

If you want to avoid getting in an accident, it’s imperative that you know about the most important motorcycle safety tips. Always wear a helmet and protective gear. Practice defensive driving, and be on the lookout for hazards on the road.

If you do end up getting in an accident, it is important to work with the best possible accident lawyers. Legacy Accident Lawyers has a 99% success rate and has helped countless motorcycle accident victims get the compensation they deserve after a crash. Please don’t hesitate to contact us with any questions or to schedule a free consultation.

 

Who is Responsible For a Rideshare Accident? – Legacy Accident Lawyers

Who is Responsible For a Rideshare Accident? - Legacy Accident Lawyers

If you were injured in a rideshare accident in California, you have legal options to compensate for damages. Here is what to know about liability.

Who is Responsible For a Rideshare Accident?

After a rideshare accident in California, many victims have questions about who they should sue – the rideshare company or the Uber/Lyft driver. While the California Public Utilities Commission (CPUC) and the California Public Utilities Code regulate the ridesharing companies in California, the laws that protect accident victims involving an Uber/Lyft vehicle have not been well defined in many jurisdictions. You can file a claim or sue after an Uber/Lyft accident, but do you know who to take legal action against? Here is what you need to know when filing a lawsuit.

Who Is Liable For Damages In A Ridesharing Accident?

Whether to sue the rideshare company or the Uber/Lyft driver will depend on what happened. In California, liability for a rideshare accident depends on the following things:

  • Who caused the accident
  • Whether the injured party was a passenger in the Uber/Lyft vehicle at the time of the accident
  • If the Uber/Lyft driver was logged into the app
  • Whether or not the driver was in the act of retrieving a passenger

Uber/Lyft drivers who cause accidents when driving on their own are responsible for any damages or injuries. However, the ridesharing company and its commercial insurance may be accountable once an Uber/Lyft driver logs onto their app.

Whether a passenger or pedestrian, anyone who is injured may be able to file a claim for injuries and damages. Any injured person has the right to be compensated.

What Happens After An Uber/Lyft Accident?

Rideshare companies like Lyft or Uber and many others are considered transportation network companies (TNC) under California law. Passengers injured while riding are generally covered by the ridesharing company’s commercial liability insurance coverage. Injured rideshare passengers can file a claim against the Uber/Lyft driver, but the rideshare company’s commercial insurance policy covers them if the damages exceed the driver’s coverage.

However, if a third-party driver caused the crash, the Uber/Lyft driver or injured passenger would be able to file a claim against the at-fault party’s insurance company. If the driver who caused the car accident was not insured, the rideshare company’s insurance policy would cover the injuries and damages.

What Happens If The Rideshare Driver Causes An Accident?

If an Uber/Lyft driver injures a passenger, pedestrian, or driver of another vehicle, the injured victims would have to file a claim against the Uber/Lyft driver. However, liability will depend on if they were logged on the app, if they were on the way to get a passenger, if a passenger was in the vehicle, or if the vehicle had no passengers present.

This difference is crucial. If the Uber/Lyft driver has not switched on the rideshare app, the accident would be addressed like any other crash in California, and the claim would be restricted to the driver’s personal insurance coverage. If the driver has the rideshare app switched on when the accident happened, the rideshare company’s $1 million liability coverage may apply. If the driver has a Uber/Lyft passenger in the car or has accepted a rider, the rideshare company’s insurance policy will kick in.

If you’re injured in an accident with an Uber/Lyft driver in Tustin, CA, contact a Tustin Uber/Lyft accident attorney to help you get the most out of your personal injury claim.

Can I Sue For Compensation After An Accident?

If you have evidence that the Uber/Lyft driver acted negligently and caused the collision, you can sue a rideshare driver following an accident. You can file a claim for property damage, lost earnings, medical bills, pain and suffering, along with any other losses.

While you may have a case against the Uber/Lyft driver, suing a rideshare company involving reckless or negligent rideshare drivers can be challenging. Rideshare drivers are not employees, meaning vicarious liability does not apply in these cases, and the rideshare company is not liable for the driver’s actions. The best course of action is to contact a California Uber/Lyft accident attorney to help you prove liability. An experienced attorney will have the knowledge and resources to take on the big insurance companies.

Contact Legacy Accident Lawyers

If you have been injured in an Uber or a Lyft car accident in Tustin, CA, whether as a driver, passenger, or third party, you need an experienced Tustin Uber /Lyft accident Lawyer to help you get maximum compensation. Here at Legacy Accident Lawyers, we know how to deal with insurance companies and protect our clients’ rights. You can contact us 24/7 to schedule a free consultation to learn more about our law firm and what legal options you have after an Uber accident/Lyft accident.

What Damages Can I Recover From a Truck Accident? – Legacy Accident Lawyers

What Damages Can I Recover From a Truck Accident? - Legacy Accident Lawyers

If you are involved in a truck accident in Tustin, CA, and the truck driver is responsible for the accident, you can seek damages by filing a claim.

What Damages Can I Recover From a Truck Accident?

Truck accidents can be devastating, and according to the FMCSA (Federal Motor Carrier Safety Administration), there were 4,237 fatal truck accidents in a recent study. You may face an uncertain future and unexpected medical expenses if you're fortunate to survive the crash. If you're in a California truck accident, you need to seek the help of an experienced Tustin motorcycle accident lawyer for advice on how to proceed with a truck accident claim.

If you are injured in a California truck accident that was not your fault, there are a variety of damages for which you can get compensation. Damages in a California truck accident case include economic and non-economic damages.

 

Economic Damages

Economic damages are those damages you can determine the value of. They provide for the financial costs that the victim has paid. The most common economic damages for which you can receive compensation after a truck crash are:

Medical Expenses

Medical expenses after a California truck accident are inevitable. The at-fault party is responsible for paying the amount of money you spend on treatment. A Tustin truck accident lawyer can help you calculate the value of your medical expenses settlement by compiling the receipts from your doctor. They can also sue the negligent party for future medical expenses. California truck accident lawyers have medical experts who can help you determine the cost of future medical expenses by considering the nature of your injury, current medical needs, the cost of medical inflation, and other anticipated expenses.

Lost Wages

Lost wages let you claim the earnings you lose due to the truck accident. It reimburses you for regular pay or allowances, income from self-employment, bonuses, and commissions. Calculating lost wages requires you to present proof of your current income before the truck accident. If you missed work, you could calculate the number of days you missed and the amount you should earn. You will be compensated for wages you may have lost because of the truck accident and be reimbursed the value of your future earning capacity.

Loss Of Earning Capacity

Temporary or permanent injuries such as spinal cord, traumatic brain injuries, and loss of limbs can affect your working ability. If you cannot return to work because of injuries you have sustained after a truck accident, you could be eligible for loss of earning capacity. It reimburses you for the income you will lose in the future due to the truck accident. Your California truck accident lawyer might need a forensic accountant and your doctor’s testimony to determine how your injuries affect your working ability.

Property Damage

Some property will inevitably be damaged after a California truck accident. A California truck accident lawyer could help you file a property damage claim if your property was damaged after a truck accident. You can file a claim to recover the costs of replacing or repairing the damaged property. The value of the damaged property will depend on the current market value.

Non-Economic Damages

Non-economic damages are used to describe truck accident damages that do not have a monetary value directly tied to them. Non-economic damages in a California truck accident can include:

Pain And suffering

In California, “pain and suffering” refer to any mental or physical stress you experience after a traumatic accident. The level of pain and suffering depends on the accident’s severity because it sometimes debilitates people. A Tustin truck accident attorney can help you seek compensation for the pain and suffering you bear during and after a truck accident.

Loss Of Enjoyment

Truck accident injuries can be severe, making it difficult to enjoy life to the same extent as you did before the crash. Based on the severity of your injuries, you might be unable to partake in your favorite activities or even get involved in former hobbies. A Tustin truck accident attorney can help you file a claim for lack of life enjoyment.

Punitive Damages

In California, punitive damages are available to select cases where the victim can prove malicious, reckless, or intentional harm by convincing evidence. You can seek punitive damages if you don’t intend to get compensation for your injuries or losses. Instead, it’s meant to punish the liable party’s actions by warning other people not to engage in similar misconduct.

Contact Our Truck Accident Lawyer In Tustin, CA

Don't try to handle your California truck accident case alone. Let the experienced Tustin truck accident attorney at Legacy Accident Lawyers can help you recover compensation for your losses. You can rest assured that your case is in the best hands when working with our Tustin truck accident lawyer. Contact us to schedule a free consultation.

How Do I Negotiate a Personal Injury Settlement After an Auto Accident? – Legacy Accident Lawyers

How Do I Negotiate a Personal Injury Settlement After an Auto Accident? - Legacy Accident Lawyers

If you're filing a personal injury claim after an auto accident in California, consider these helpful tips when negotiating with insurance companies.

How Do I Negotiate a Personal Injury Settlement After an Auto Accident?

When trying to file a personal injury claim in California after a car accident, it's crucial to understand the worth of your claim. This will prepare you for negotiations with the other party’s insurance company, as well as their legal team. However, if you've never filed a claim or hired a personal injury lawyer before, you may not know how to negotiate a personal injury settlement after a car accident in California. Hiring a personal injury attorney will help you negotiate your settlement and protect you from being taken advantage of by insurance adjusters. If you choose not to retain legal counsel, consider these important negotiation techniques to obtain maximum compensation.

What To Consider During Negotiations For Your Personal Injury Case

There’s no exact formula to determine a personal injury settlement amount because each crash is unique and carries its own value. Before entering the negotiations stage, it’s vital to establish how much you’re going to ask for, based on what you think the liable owes for the damages caused. Determining factors that will be considered when valuing a case include:

  • Medical expenses – current and future
  • Pain and suffering
  • Severity of injuries
  • Property damage
  • How quality of life was affected
  • Loss of present and future wages

How To Negotiate A Personal Injury Settlement After A Car Accident

Negotiating with insurance companies is essential for ensuring you receive the compensation you deserve for your injuries. Here’s how to negotiate a personal injury settlement in California.

FILE A CLAIM

The first step in negotiating a personal injury settlement in California is to file a claim within the given timeframe. In Tustin, a plaintiff has two years to file a personal injury claim. This law falls under CA’s statute of limitations, and it is very strict. So, it is your responsibility to meet the deadline and file the claim in time.

MAINTAIN DOCUMENT RECORDS

You need to have all the files and documents related to your accident to be able to defend yourself when negotiating with the insurance company. Relevant documents may include police reports, medical bills, witness statements, and pictures or videos of the accident scene. You can depend on these files and documents as evidence during negotiations. Having these documents available at your fingertips will make it more seamless when building your case — and winning.

CALCULATE THE CASE VALUE

Now, estimate the value of damages from the accident once you’ve filed your claim. You can review the financial implications of the accident, such as lost wages, medical bills, pain, and suffering, to calculate what your personal injury claim is worth. If the car accident costs you money or impacts your earning ability, you can add it to your calculations. Once you’ve done your estimate, you’ll need to submit a demand letter to the at-fault insurer demanding fair compensation.

DO NOT ACCEPT EARLY OFFERS FROM INSURERS

In most cases, the insurance company will come with a low-ball settlement following the submission of your demand letter. They use this trick to test your negotiation ability to see whether you know your claim’s worth. Counter the offer and explain your reasoning for rejection. The negotiation process settlement starts once you reject their first offer. Now, you need to defend your demand letter using all the evidence and documents you have compiled.

ARGUE YOUR CASE

Your main goal is to reach an agreement with the insurance company. To achieve that, you need to emphasize the severity of your injuries. To get the optimal settlement value, try not to drag out negotiations. Instead, focus on the most vital points and strengthen those aspects of your argument. If an agreement cannot be reached, then it may be time to file a personal injury lawsuit. This is the stage when you take your case to court. The process is complicated and will be difficult to win without an experienced personal injury attorney.

How A Tustin Personal Injury Lawyer Settles A Case

Most California personal injury cases are settled out of court. However, there are times when some personal injury cases are settled for less than what was deserved. The reason is that many injured victims choose not to hire a lawyer after the car accident and end up handling the claim process on their own. Without having the needed legal knowledge, you will not know what is considered a fair settlement and what is not.

Insurance companies in California will be happy when dealing with an injured victim who has chosen not to hire a personal injury lawyer. This will give them more opportunity to take advantage, build a case around the victim being at fault, and other tactics to shortchange injured victims out of a fair settlement.

With a Tustin personal injury lawyer by your side, proving negligence on the other party outside of court or during litigation will be less stressful and improve your chances of recovering maximum compensation significantly.

Contact Legacy Accident Lawyers

Hiring an experienced Tustin personal injury lawyer who can represent you in the courtroom is crucial if you are pursuing a personal injury claim after a car accident in California. Here at Legacy Accident Lawyers, our attorney has the knowledge and resources to negotiate on your behalf and achieve the best possible settlement for your claim. Contact us today to schedule a free consultation for your personal injury case.

How California Insurance Companies Deny a Car Accident Claim – Legacy Accident Lawyers

How California Insurance Companies Deny a Car Accident Claim - Legacy Accident Lawyers

Recovering compensation from an insurance company in California can be challenging. Watch for these tactics so your car accident claim is not reduced.

How California Insurance Companies Deny a Car Accident Claim

In an ideal world, California insurance companies are there to protect you if you suffer injuries or damages after a car accident, and they would simply cover any expenses that accrued due to the car accident. However, insurance companies in California are just like any other business; their top priority is to protect their bottom line. By rejecting claims or reducing case values, insurance adjusters are often successful in saving the company money. In order to protect your case, be wary of the following tricks, lies, and tactics California insurance companies use on car accident victims.

Contacting Victims Immediately After The Car Accident

California insurance companies use this tactic to catch you off guard. They call you immediately after the car accident before you have the time to determine the full extent of your injuries or the worth of damages. They will tell you not to worry and give the impression that they can be trusted.

After undergoing such a traumatic experience, it can be comforting to feel this type of support and reassurance. While you may want to engage with them, either for support or because you don’t know any better, remember that there could be consequences.

Being friendly and calling immediately after the accident to check on your condition is a tactic insurance adjusters use regularly. What may appear as useless information to you is incredibly valuable to them. For example, when an insurer calls and asks how you are doing and you respond fine, that response could be interpreted as you not actually being injured, which would affect your compensation.

Also, these phone conversations are sometimes recorded, so insurers can get victims on record disclosing details about the accident or damages.

Getting A Recorded Or Written Statement From Victims

Immediately after your accident, expect the at-fault insurance company to call you about the accident. The insurance adjuster will want to speak with you before your car accident lawyer does and try to ask you to provide a recorded or written statement. If you decide to file a claim, the statement you record or document can be used against you as direct evidence.

Remember that the insurance company’s primary goal is to pay nothing or little for car accident claims. Recorded or written statements are always used for this purpose if there is information that contradicts your claims’ efficacy. If the insurance adjuster requests a recorded or written statement, you should decline. You should not provide an insurance company with a written or recorded statement without a California car accident lawyer present.

Requesting A Signed Medical Authorization

Another trick California insurance companies use to deny or devalue your claim after a car accident is getting you to sign a medical authorization. Once you sign, the insurance company will use the medical authorization to get your complete medical records from every medical provider you have ever seen in your whole life.

They do this to find evidence of pre-existing conditions or prior injuries and argue that the accident is not the cause of your pain and suffering. The insurance company will want to argue this even though you didn’t have any previous conditions or ailments. Don’t give an insurance company a signed medical authorization without your California car accident attorney asking you to do so.

Prolonging The Case

California insurance companies know that you will be facing financial problems after a car accident. The aftermath of the car accident will likely consist of sorting out expensive medical bills, being without a car while it’s being repaired or damaged, losing income from missing work, and dealing with other stresses until the case is over.

California insurance firms use this vulnerability to their advantage. They will try to delay the claim process until you’ve gotten to the point where you’re desperate to settle for anything or give up on the case entirely. Although it will feel difficult at times, stand firm and demand what you are owed under the California car accident laws. Consult with a California car accident lawyer about your rights if you are involved in a crash. An attorney will not only expedite the claims process but also has the capability to recover maximum compensation for clients.

Persuade That Hiring A Lawyer Is Not Beneficial

If all insurance companies were honest and fairly compensated car accident victims, then there would not be a need to hire a Tustin car accident lawyer. However, that is not the case in a good majority of personal injury accidents.

The liable party who caused the car crash should be responsible for compensating for damages. Unfortunately, this does not happen. Insurers must protect themselves by undervaluing or denying claims made against their clients who caused the car accident. Because of this, you need to hire a California car accident lawyer who can counter an insurance company’s efforts to shortchange injured victims.

Car accident involving two cars on the road

Let Us Help, Contact Legacy Accident Lawyers Today

The best way to handle any car accident case in Tustin, CA, is to make sure that you have a car accident lawyer on your side. Legacy Accident Lawyers can help you navigate your case and hold the negligent parties involved accountable. Call us today to schedule a free consultation.

Can Failure to Wear a Helmet Affect My Motorcycle Accident Claim? – Legacy Accident Lawyers

Can Failure to Wear a Helmet Affect My Motorcycle Accident Claim? - Legacy Accident Lawyers

It's illegal and dangerous to ride a motorcycle in California without wearing a helmet. But can it affect your claim if someone else caused the accident?

Can Failure to Wear a Helmet Affect My Motorcycle Accident Claim?

California has laws that state anyone riding a motorcycle must wear a helmet. These laws are intended to reduce riders' chances of sustaining fatal injuries during a motorcycle accident. Motorcyclists who were not wearing a helmet when their accident occurred may be wondering if they will still be able to recover compensation for their injuries. The argument could be made that although another motorist caused the accident, the severity of injuries was a direct result of the motorcyclist not wearing the legally required protective gear.

Our Tustin motorcycle accident lawyers at Legacy Accident Lawyers implore motorcyclists to always wear their helmets for their safety. Regardless, if you were involved in a collision caused by someone else’s negligence, you may still be eligible for compensation. Here is what to know if you were injured in a motorcycle crash when you were not wearing a helmet.

 

What Happens If I Was Not Wearing A Helmet During My Accident?

You are putting yourself at risk legally and physically if you decide not to wear a helmet when riding a motorcycle in California. You significantly increase your chances of sustaining a severe injury such as traumatic brain injury, facial scarring, broken bones, or spinal cord damage in a motorcycle accident by not wearing a helmet. Not wearing a helmet while riding a motorcycle also increases the odds of losing your life in an accident.

Breaking California’s motorcycle helmet law is a valid reason for the California courts to reduce your compensatory award or settlement. The California courts allow the defendant or an at-fault party to use the comparative negligence defense in a personal injury case where the rider was not wearing a helmet. Under California law, this defense indicates that a defendant can pay victimless compensation if that victim contributed to their own injuries.

If you’re breaking California law by not wearing a helmet and suffered injuries after a motorcycle accident, the defendant could establish the comparative negligence defense. If the courts accept this defense, you will receive a lesser settlement for damages.

 

Can My Compensation Become Affected From Not Wearing A Helmet?

Whether not wearing a helmet will affect your motorcycle accident claim in California will depend on the part of your body that you had sustained an injury. If the injuries did not occur on the head or neck, not wearing a helmet will not have a negligible effect on your claim. This means that your chances of receiving compensation for damages from the responsible party for the motorcycle accident will remain the same.

If a helmet could easily protect the area of your body, such as your head, brain, or face that was injured, the accused may argue that the lack of a helmet causes your injuries and that you should be assigned comparative fault. The defendant’s insurers could argue that you were to be blamed for the motorcycle accident because you were not wearing a helmet.

California law requires all motorcyclists, including their passengers, to wear helmets. This may put some responsibility on you for your injuries if you fail to wear a helmet because you violated state law. If not wearing a helmet defense is successful, the judge can reduce your settlement. If you were not wearing your helmet when involved in a motorcycle accident in California, you must be ready to convince the judge that your injuries would have happened even if you were not wearing the helmet to get compensation. This is challenging to prove in court without the help of a Tustin motorcycle accident lawyer.

 

The Benefits Of Wearing A Motorcycle Helmet

Per California’s traffic laws, wearing a helmet is mandatory. Laws aside, wearing a motorcycle helmet is very beneficial to riders. Doing so decreases the severity of injuries, and it can even save your life.

Also, the argument from insurers stating that a motorcyclist’s negligence in not wearing a helmet is responsible for causing sustained injuries will be avoided. That means it will be as much of a challenge to hold the at-fault party accountable for damages. Your settlement will also not be negatively affected because you followed the law by wearing the right protective gear.

Your Tustin motorcycle accident lawyer may be able to argue that your injuries could have been worse without a helmet. This will put more attention on the other party, which could help strengthen your case.

 

Contact Legacy Accident Lawyers For Help

Even when wearing a helmet, motorcycle accident claims can be challenging to win in California. You need an experienced Tustin motorcycle accident attorney to receive compensation for your injuries. You might still have a viable claim if you were involved in a motorcycle accident in California without wearing a helmet. Legacy Accident Lawyers have a team of highly experienced motorcycle accident lawyers who can help you maximize compensation. Call us today to schedule a consultation. We will explore your motorcycle accident case, discuss your legal rights, and help you pursue the compensation you deserve.

Uber accidents

Uber Accidents: What to Do if You’ve Been Hit By an Uber Driver

Uber accidents

Just ten years ago, it would have been considered crazy to click a button on your phone, then get into a car with a complete stranger and hope you end up at your destination. In 2021, Uber drivers made over 6.3 billion trips — and the number only seems to be getting bigger by the year. But more Uber rides also mean more Uber accidents.

Getting into a car accident with an Uber driver can be devastating for those involved, especially if people are injured in the process. The confusing legal and insurance status of ridesharing businesses only makes the situation worse. In this article, we’ll tell you everything you need to do if you get into an accident with an Uber driver and what you need to understand about the situation.

 

What to Do After Uber Accidents

After an accident, there are important steps to take to preserve both your health and your future legal options. Here’s what to do after Uber accidents in Tustin:

1. Call Emergency Services

If you’re in an accident with an Uber driver that results in any injuries or property damage, make sure to call 911 immediately. Both police and EMTs should arrive on the scene. Reporting the accident is a necessity because a police report will be created.

Having a complete accident investigation conducted is crucial in a personal injury case. Also, even if your accident injuries are minor, EMTs will be able to help find any other injuries you may not have noticed.

Also, know that you can refuse any medical treatment or ambulance transport. However, ensure you are eventually examined by a doctor. If the Uber driver is proven to have caused the accident, your medical bills will be covered by the Uber driver’s insurance or Uber’s insurance.

2. Gather Evidence

Collecting evidence is vital to creating a personal injury claim. If you’re able to, begin collecting evidence as soon as possible. This includes:

  • Names and contact info of everyone involved (including police officers, eyewitnesses, and the Uber driver)
  • Take detailed photos of all vehicles involved, where the accident took place, and all injuries you sustained
  • The Uber driver’s driver’s license number and personal insurance information
  • A copy of the police report

3.  Find a Suitable Lawyer

Consult with a personal injury lawyer that specializes in auto-related accidents.  Doing this will help you understand what legal options are available to you. It will also help you recover maximum compensation. Speak with an Uber accident lawyer as soon as possible. Doing this will start the process to recover damages from the accident.

 

How Uber’s Liability Insurance Works

Uber has had to change the way they deal with insurance claims after its employees were found liable in car accidents. Although they have a comprehensive insurance plan, it isn’t like normal car insurance. Understanding how it works can help you navigate your way to a settlement better. Although Uber often showcases their $1 million auto insurance policy, there are loopholes that can result in much lower payouts to victims. Here are the factors that affect the insurance plan:

1. “Active” Driver Mode

If the Uber driver gets into an accident while carrying passengers, Uber’s $1 million insurance policy kicks in. This policy is split between medical expenses and property damage.  However, be aware that California law permits insurance companies to pay out just the medical expenses as opposed to the actual total cost in damages. This means victims could end up getting much less than expected.

2. “Engaged” Driver Mode

If the Uber driver is on their way to pick up a passenger but doesn’t actually have passengers in their car when they get into an accident, a different, much less-expensive policy is used. This policy includes:

  • Contingent Collision and Comprehensive Coverage
  • Third-Party Liability Coverage
  • Uninsured or Underinsured Bodily Injury Motorist Coverage

3. “Looking for Fares” Mode

If the Uber driver was not carrying a passenger or was not on their way to picking up a passenger, Uber’s insurance will not cover you. In this case, victims of an Uber accident need to seek compensation from the Uber driver’s personal insurance policy.

Unfortunately, even though it is required by California state law to have auto insurance, roughly 1 in 8 drivers don’t have insurance, which can create a massive headache for victims of the accident.

 

Maximize Your Settlement after an Uber Accident

If you’re involved in any kind of Uber accident and are seriously injured, make sure to get in contact with an experienced personal injury attorney that specializes in auto-related accidents. Getting the compensation you deserve can be a time-consuming and complicated process that can leave you sitting in the dust with nothing if you aren’t prepared for it. If you get stuck in a worst-case scenario, you may even need to go to court. Situations that could lead there include:

  • Insurance companies refusing to pay
  • Uninsured Uber drivers
  • Vague and unclear circumstances of the crash that are hard to prove

Even in the best-case scenarios, having an experienced attorney will be incredibly beneficial in securing a fair settlement from insurance companies and can even help you make more than enough to cover their fee. If you’ve been involved in an Uber accident, schedule a free consultation with Legacy Accident Lawyers.

 

car accident checklist

What Is a Car Accident Checklist, and Why Do You Need One?

car accident checklist

Learning about what to do after a car accident will help you feel less stressed in the event of an accident. Also, it will equip you for when you file a car accident claim. One way to prepare is by utilizing a car accident checklist. Here is an overview of what the checklist is and how it will benefit you if you are ever involved in a crash.

 

What Is a Car Accident Checklist?

It is an essential document for anyone to have if they own or operate a vehicle. It provides victims with a list of things they must do after a car accident. Also, it ensures that they take the proper steps after an accident. Not only does it help when file a car accident claim, but it also protects them if the other party tries to sue for damages.

In addition, with a car accident checklist, you will not forget to gather any evidence or information in the chaotic aftermath. It will work as step-by-step instructions to follow after a crash. Most importantly, remember to always check for injuries and ensure you are safe. If you need medical attention, call 911 and request help from police and medics. Then, keep all documentation, like a police report and medical report.

 

Benefits of a Car Accident Checklist

There are many reasons why you should create a checklist as a driver. Not only will it help you know exactly what steps to take, but it will also protect you in other ways. Here are some of the top benefits of creating a car accident checklist and why you need one.

Helps You Stay Safe

A car accident checklist will help you stay safe. It is likely that you will not know what to do after a crash. For instance, if a crash takes place in the middle of the road, you will need to move away from traffic and into a safe area. Also, turn on your hazard lights so that other vehicles can see you. Then, they will drive more carefully around you. Knowing exactly what to do after a car accident will help you stay safe and prevent further injuries or damages.

Proper Steps Are Taken

Next, a car accident checklist will ensure that you take the proper steps after getting in an accident.

For example, in some states, it is legally mandatory to call the police after a car accident that caused serious property damage or injuries. If you leave the scene of the accident without alerting your local law enforcement, this may be seen as a hit-and-run and you could be penalized or arrested.

Obtain the Right Information

Another great benefit of a car accident checklist is that it will help you gather important information that you will need for your personal injury case. Without these important documents, you could lose your case, even if you are the injured victim.

All relevant information will need to be exchanged with the other drivers. This includes their names, phone numbers, insurance information, and vehicle information. In addition, you will need to get the contact information of witnesses who saw the accident take place.

Preserves Key Evidence

A car accident checklist will also make it easier for you to preserve evidence after your case. If you are injured in a car accident and are planning on filing a personal injury case, having the right evidence is necessary to help you receive fair compensation. If you wait too long to gather evidence at the scene of the accident, you may miss important details.

Your car accident checklist will provide you with detailed steps to help you gather evidence. This includes taking pictures of the scene of the accident, damage to your vehicle, and injuries that you sustained. If the damage is not documented and repairs are made, then you will lose valuable evidence, which will hurt your car accident case.

 

Need Help After a Car Accident?

When you are in a car accident, steps need to be taken before leaving the accident scene. A car accident checklist will provide you with peace of mind during a chaotic time. If you need help after a car accident, Legacy Accident Lawyers can help. Our team specializes in car accidents and can help you get the compensation you deserve. Contact us today to learn more about our services and to get a free consultation.

 

personal injury claim

5 Factors That Affect Compensation in a Personal Injury Claim

personal injury claim

5.25 million car accidents occurred in the United States in 2020 alone. That’s ten car crashes every minute of that year. Even a fender bender can cause a devastating injury. If you plan to file a  personal injury claim, you will need to be aware of what the process will entail. What kind of compensation can you get after an accident? Can you claim money for mental anguish? What evidence do you need to prove your case? Here are five important factors that affect compensation in a personal injury claim.

 

1. Hospital Bills

You can file a personal injury suit and be reimbursed for the money you spent on your hospital bills. However, make sure you have paperwork from your doctor and hospital that describes the treatments you have received.

Also, if you are receiving ongoing therapy due to your accident, you can receive compensation for those future expenses. You can claim the expenses for additional doctor’s visits, medication, and psychological therapy. If you need equipment like a wheelchair, you may be able to include these expenses in your lawsuit. Just be sure to keep itemized documents that show how much you are paying.

 

2. Lost Wages

Victims also suffer a loss of income while in the hospital recovering. Lost wages can also be included in a personal injury claim. If your injuries caused a disability and you can no longer work, you can claim loss of earning potential in your settlement. You can use pay stubs, W-2 forms, and wage verifications from your employer. If you are self-employed, you can use your tax returns or banking records to show proof of income.

 

3. Pain and Suffering

Pain and suffering refer to the physical and mental anguish that your injury has created. Physical pain can, unfortunately, affect emotional well-being. In fact, 22.3% of people who survive car accidents develop post-traumatic stress disorder (PTSD). If you have symptoms associated with PTSD, you should get tested for it and provide documents to the court about it. You can receive money without a formal diagnosis, but a diagnosis strengthens your case.

It can be hard to prove mental pain and suffering in court, even if you can show substantial physical pain. Therefore, you may need to provide your own testimony, talking about the pain you have endured. Friends and family members can also testify on your behalf, speaking to what they have observed. Documenting a change in your behavior and personality due to your accident can prove your claim.

 

4. Degrees of Fault

Sometimes, both the defendant and the plaintiff are at fault for the personal injury accident. Because California follows comparative negligence laws, the court will determine a percentage of fault for each party in a car accident case.

If the plaintiff bears a degree of fault, the court can deduct some of the money they would otherwise recover. For example, if you were 20% at fault for an accident that would have awarded you a total of $10,000 in compensation, you would only be able to recover $8,000 from your lawsuit.

 

5. Eyewitness Evidence

You will need to testify about what you were doing during the accident. The defendant’s lawyer will cross-examine you, so be prepared to handle difficult questions. However, the most valuable evidence will be from a third party who witnessed the crash, as they are a non-bias party. Even if they did not see the crash itself, they can provide evidence about the road conditions or other drivers.

Or, if someone else was in your car, they can testify in court. Your lawyer should prepare them for their testimony and ask them questions so the judge and jury can understand their answers.

 

The Factors for Filing a Personal Injury Claim

You can file a personal injury claim after a car accident, but your chances of success increase if you can prove why you should be compensated for hospital bills and lost wages. Other areas that can be compensated are pain and suffering. However, you need paperwork that shows you are receiving therapy and have a diagnosed health issue. Supply the court with evidence, and you can have a successful case outcome. An experienced personal injury lawyer can build a winning case for you. Legacy Accident Lawyers serves the city of Tustin and offers a free consultation to get started. Contact us to learn more.

 

causes of motorcycle accidents

Negligent Drivers: Preventing the Causes of Motorcycle Accidents

causes of motorcycle accidents

About half of all road traffic deaths occur among vulnerable road users. These users include cyclists, pedestrians, and motorcyclists. Unfortunately, neglecting motorcycle safety could cause accidents to rise year over year. Understanding the different causes of motorcycle accidents could help you prevent a crash in the future. Here are the most common causes of motorcycle accidents and what all motorists on the road can do to prevent them from happening.

 

Speeding

In the span of a single year, speeding was the cause of 31% of all motorcycle fatalities and 18% of all car driver fatalities. In fact, over 50% of the five million yearly crashes in the US are caused by aggressive drivers. Speeding is the most prevalent contributor to this statistic.

Even a 10-mph speed increase ups the risk of a crash by 91.5%. Yet, speeding is still the number one cited driver-related factor in fatal highway crashes. Every time someone gets behind the wheel, they should follow the speed limit.

 

Car Dooring

Any areas where vehicles are parked alongside the road can pose a potential risk to motorcyclists. Known as “dooring,” this is when someone in a car opens their car door and accidentally hits someone. This is not only one of the common causes of motorcycle accidents, but this affects bicyclists, as well. This can be more difficult to prevent. Therefore, both car drivers and those on motorcycles should always remain aware of their surroundings and the traffic around them.

 

Inexperienced Drivers

A lack of experience for anyone on the road could increase the risk of an accident. All motorcyclists and drivers should not only be licensed to operate their vehicles, but they should also feel comfortable and confident on the road. Also, the laws are different for each type of driver, so each party should know the traffic and road safety laws in order to prevent a motorcycle accident.

 

Dangerous Road Conditions

Always remain aware of your surroundings while you’re on the road. Otherwise, dangerous road conditions can cause an accident. Also, an obstruction could cause a driver to lose control of their vehicle, leading to an accident. Examples of dangerous rod conditions could include:

  • Potholes
  • Animals and wildlife
  • A lack of signs and signals
  • Crumbling pavement
  • Slick pavement due to rain
  • Uneven lanes
  • Debris

 

Dangerous Driving

Tailgating is dangerous and should never be done, especially to someone on a bike. If a student stop is made, someone driving a car may not react in time to avoid hitting the person in front of them. There should always be enough space left between yourself and other vehicles on the road. You can also avoid head-on accidents with the Four R’s:

  • Read the road
  • Drive to the right of the road
  • Reduce your speed
  • Ride off to the side of the road

Lane Splitting

When a driver moves between two lanes while cars are stopped are moving slowly, they’re “lane splitting.” This is legal in California. However, an accident can occur because of the proximity between a motorcycle and car in these incidents. Also, a driver might struggle to anticipate when someone is passing in front of their vehicle while traffic is stopped. It’s best to avoid maneuvering your motorcycle through heavy traffic.

Left Turns

Left-hand turns are one of the top causes of motorcycle accidents. Since motorcycles are smaller, they’re less visible to a turning car and are often side-swiped or completely collided with.

 

Unsafe Lane Changes

Everyone should always check for blind spots before changing lanes and signal to give other vehicles a warning of the maneuver you plan to make. Make sure you recognize the signs that a car is about to switch lanes, which can include:

  • Wheels turning
  • Turn signals
  • The driver swiveling their head
  • The driver checking their mirrors

The best way to ensure motorcycle safety is to become a defensive driver. Learning to recognize these signs when you’re sharing the road can help you respond quickly. You could avoid potential motorcycle accidents as a result.

 

Motorcycle Defects

Schedule time to have a professional check your motorcycle every few months. Otherwise, a poorly manufactured motorcycle could increase your risk of motorcycle accidents. A defective part could impact your ability to remain defensive while on the road.

If you’re in an accident due to a motorcycle defect, contact an experienced motorcycle accident attorney. They can help you hold the manufacturer liable for the accident and your motorcycle injuries.

 

Driving Under the Influence

About 5,000 motorcyclists drive in accidents that involve alcohol-impaired drivers. If you notice a car swerving, keep your distance. If a drunk driver hits you, make sure to contact a motorcycle accident attorney right away. They can help you file a lawsuit. Then, you can fight for compensation to cover your medical bills, lost wages, and property damage.

 

Safe Driving: Avoid These Common Causes of Motorcycle Accidents

Understanding the different causes of motorcycle accidents can help you remain vigilant while you’re on the road. Take the time to learn how to become a defensive rather than negligent driver. If a negligent driver causes an accident, contact an experienced motorcycle accident attorney right away.

Want to talk to an attorney about your motorcycle injuries? Schedule a free consultation with Legacy Accident Lawyers today.

 

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