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Tina Westveer

People Toasting Wine Glasses at a New Year's party

Stay Safe from New Year’s Impaired Driving

By Car Accident

The Dangers of New Year’s Impaired Driving

New Year’s Eve brings celebration and excitement, but it is also one of the most dangerous nights to drive. Each year, Arizona and California police report more crashes caused by impaired driving during the holidays.

Impairment does not only mean drinking alcohol. It can include drug use, both legal and illegal, and even extreme tiredness. Prescription drugs and marijuana can slow reaction time and reduce coordination. Mixing alcohol with any drug makes the effects worse. Even when drivers believe they are fine, their judgment and reflexes may already be impaired.

How to Prevent Holiday Crashes

Planning ahead keeps celebrations safe and prevents tragedy.

  • Pick a sober driver before you drink or use any drug.

  • Use a rideshare or taxi if you plan to celebrate with alcohol or other substances.

  • Avoid mixing substances, even if one is prescribed.

  • Stay overnight near your celebration if driving home is not safe.

  • Report unsafe drivers if you see someone driving erratically or swerving.

Even small choices, such as giving your keys to a friend, can make a big difference.

What to Do After a New Year’s Impaired Driving Crash

If an impaired driver injures you or someone you love, take action quickly. First, get medical care right away. Then, contact Fielding Law for guidance. Our legal team helps people hurt by impaired drivers recover compensation for medical bills, lost wages, and pain and suffering.

We carefully investigate every case and communicate directly with insurance companies to protect your rights. Our attorneys stand by you throughout the process and fight for a fair outcome.

Why Hire Fielding Law

At Fielding Law, we treat clients with kindness, respect, and professionalism. Our team listens to your story and handles each case with care. We focus on helping victims of New Year’s impaired driving move forward and find peace of mind.

If you were injured by an impaired driver this New Year’s, call 833.88.SHARK to speak with an attorney who will fight for you and your recovery.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

December 26, 2025
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4 people in a conference room for a deposition

What to Expect in a Deposition

By Personal Injury

What Is a Deposition?

The deposition process is sworn testimony taken outside of court, usually in a lawyer’s office or conference room. It is part of the discovery process in a lawsuit, where both sides gather information to build their cases. During the deposition process, attorneys ask questions, and the witness or party must answer under oath. A court reporter records everything said to create an official transcript.

Who Is Involved in a Deposition?

Several people may be present during a deposition:

  • The witness, also called the deponent
  • Attorneys for both sides
  • A court reporter who records the testimony
  • Sometimes an insurance representative or videographer

Although there is no judge in the room, testimony given in a deposition carries the same weight as testimony given in court.

Who Can Be Deposed?

In a personal injury case, both the plaintiff and the defendant can be deposed. The plaintiff may be asked about the accident, their medical treatment, and how the injuries have impacted daily life. The defendant may be questioned about their role in the accident, their actions, or their potential responsibility. Other people, such as eyewitnesses, medical providers, or expert witnesses, may also give deposition testimony. The deposition process applies to all of these parties.

What to Expect During a Deposition

Depositions usually begin with background questions such as your name, address, and employment history. The opposing attorney may then ask questions about the accident, your injuries, medical treatment, and how your life has been affected. Some questions may feel repetitive or detailed. The goal of the deposition process is to understand every part of your case and how it may appear to a jury.

Your attorney will be there to protect your rights. While they cannot answer for you, they can object to improper questions and guide you through the process.

Do You Need to Prepare for a Deposition?

Yes, preparation is essential. Depositions can be stressful, but being ready helps you stay calm and provide accurate answers. Preparation may include:

  • Reviewing the facts of your case
  • Refreshing your memory on medical treatment and accident details
  • Practicing clear and honest responses
  • Discussing potential questions with your attorney

You do not need to memorize every detail, but you should be familiar with the key facts. The most important rule is to tell the truth during the deposition process.

How to Prepare for a Deposition

Your attorney will help you get ready, but here are common tips:

  • Listen carefully to each question
  • Pause before answering to allow your attorney time to object
  • Answer only the question asked, without volunteering extra details
  • Stay calm and polite, even if the other attorney seems aggressive
  • Do not guess; if you do not remember, it is okay to say so

Why Hire Fielding Law

A deposition can feel intimidating, especially when you are recovering from an accident. At Fielding Law, we know how important the deposition process is to your case. Our attorneys prepare clients thoroughly, explain the process step by step, and stay by your side throughout. You will never face a deposition alone.

Call 833.88.SHARK today to learn how we can support you in your case.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

December 25, 2025
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car driving on a road at dusk

What to Do After a Crash with a Driverless Vehicle

By Car Accident, Personal Injury, Product Liability, Wrongful Death

Why These Crashes Are Different

Self-driving cars are operating on public roads across California and Arizona. With companies like Tesla, Waymo, and Cruise expanding their presence, accidents involving autonomous vehicles are becoming more common. These crashes often raise more questions than answers.

If you are unsure after a self-driving car accident what to do, you are not alone. These incidents involve more than just human error—they may include software malfunctions, sensor failures, or remote operator mistakes. Knowing how to respond can protect your rights and strengthen your injury claim.

Step 1: Call 911

Always report the crash by calling 911. A police officer can create an official record of the accident and help determine whether the self-driving system was active. Even if you do not feel seriously injured, a report will be vital for any future legal action.

Step 2: Seek Medical Attention

Even in low-speed accidents, injuries may not appear right away. Always get a full medical evaluation after a crash. This protects both your health and your case. Documentation of your injuries is essential in a personal injury claim.

Step 3: Document the Scene

If it is safe, take photos and video of the vehicles, damage, license plates, nearby signage, and any branding that shows the vehicle was part of an autonomous fleet. Also look for witnesses and ask for their contact information.

Be sure to note whether there was a human driver present. Some vehicles operate fully autonomously, while others rely on human supervision.

Step 4: Do Not Trust the Technology

Although autonomous vehicle companies market their systems as safe and reliable, the reality is that these systems have failed to detect stop signs, pedestrians, and parked vehicles. Just because a vehicle was using self-driving technology does not mean it was operating safely or legally.

Manufacturers may try to blame you, even if a system error caused the crash. That is why legal help is critical.

Step 5: Speak to an Attorney Experienced with AV Claims

Not every law firm is equipped to handle accidents involving self-driving cars. These cases often require deep technical investigation, including data logs, vehicle software performance, and regulatory compliance.

At Fielding Law, we understand the complexity of self-driving technology and how to build a strong injury case. Whether the crash involved Tesla’s Autopilot, Waymo’s robotaxi, or another AV system, we know how to pursue accountability.

Why Hire Fielding Law

Fielding Law represents victims of car crashes in California and Arizona with professionalism, kindness, and capability. We stay ahead of evolving technology and emerging legal challenges, including cases involving self-driving vehicles.

If you were involved in a self-driving car accident, what to do next can feel overwhelming. Let us help you make sense of the situation and fight for the compensation you deserve.

Contact Fielding Law at 833.88.SHARK for a free consultation today.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

December 24, 2025
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a pile of settlement money in US 100 dollar bills

Can Personal Injury Settlements Be Taxed?

By Personal Injury

Personal Injury Settlements in California and Arizona

If you have received or are expecting a personal injury settlement, you might be wondering if you owe taxes on the money. The answer depends on the type of compensation you received. While some parts of a personal injury settlement are tax-free, others might be considered taxable income depending on how they are categorized.

Understanding the difference is important so you can plan for your future and avoid surprises during tax season.

What Parts of a Settlement Are Tax-Free?

In both California and Arizona, the IRS and state tax agencies generally do not tax compensation you receive for physical injuries or physical sickness. This includes:

For example, if you were hurt in a car accident and received a settlement to cover your hospital stay, follow-up treatments, and the pain it caused, that part of your compensation is typically not taxable.

What May Be Taxed?

Not every part of a settlement is tax-exempt. You may owe taxes if your compensation includes:

  • Lost wages: If part of your settlement compensates you for time missed at work, this is often treated the same as regular income and may be taxed accordingly.

  • Punitive damages: These are meant to punish the person at fault, not compensate you for your losses. Punitive damages are almost always taxable.

  • Interest on the settlement: If there is any interest earned on your settlement amount before you receive it, that interest may be taxable.

  • Emotional distress not tied to a physical injury: If you receive damages for emotional distress without a physical injury (such as from harassment or defamation), that compensation could be taxable.

State vs. Federal Taxes

While federal rules apply across the U.S., each state has its own tax laws. In both California and Arizona:

  • The state follows federal guidelines closely when it comes to taxing personal injury settlements.

  • California does not tax settlements for physical injuries.

  • Arizona also typically excludes damages for physical injuries from state income tax.

However, both states may require you to report portions of your settlement, especially if they include lost wages or punitive damages. Always consult a tax professional to make sure you understand your obligations.

Why Hire Fielding Law

Navigating a personal injury case is complex, especially when your settlement might impact your taxes. At Fielding Law, we connect you with skilled legal professionals who are not only dedicated to helping you recover fair compensation, but also committed to protecting your long-term well-being.

We serve clients throughout California and Arizona, and we understand the unique legal nuances in both states. If you are unsure about how your personal injury settlement may affect your taxes, let us guide you toward the right resources and support.

Call for a Free Consultation

If you are dealing with the aftermath of an injury and have questions about your settlement, do not wait. Call 833.88.SHARK today for a free consultation. We are here to help you move forward with clarity and confidence.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

December 22, 2025
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SUV with dark tint on the windows

California Window Tint Laws and Crash Risks

By Car Accident, Motorcycle Accident, Pedestrian Accident, Truck Accident, Wrongful Death

How Dark Tint Becomes Dangerous

In California, window tint that is too dark is more than just a vehicle code violation. It can be a direct cause of serious traffic accidents. Overly tinted windows reduce a driver’s ability to see their surroundings, especially at night or in poor weather. They can also make it harder for pedestrians, cyclists, and other drivers to see who is behind the wheel.

If you were injured in a crash and believe window tint played a role, you may be entitled to compensation. At Fielding Law, we help Californians hold negligent drivers accountable for the harm they cause.

Common Ways Dark Tint Causes Accidents

Dark tint interferes with visibility in key driving situations. This can include:

  • Not seeing a pedestrian in a crosswalk

  • Failing to notice a motorcyclist or cyclist approaching from the side

  • Poor visibility while reversing or changing lanes

  • Reduced eye contact at intersections, which helps determine right of way

  • Delayed reaction times due to poor visibility at night

In these situations, even a small delay or blind spot can lead to a major injury.

California’s Window Tint Laws

California Vehicle Code § 26708 regulates how much tint is allowed on a vehicle’s windows. These rules are in place to balance sun protection with safety.

  • Front side windows must allow more than 70% of visible light to pass through

  • Windshields may only have non-reflective tint on the top 4 inches

  • Rear side and rear windows may be tinted if the vehicle has dual side mirrors

  • No tint on any window may be reflective or mirrored

When a driver ignores these rules, it can be seen as negligence, especially if the tint contributed to a crash.

Legal Options After a Tint-Related Crash

If you are injured in a car accident and the other driver had illegal window tint, that violation may be key evidence in your claim. In California, proving that a driver broke the law can help establish fault.

Examples of when dark tint may support your case include:

  • A driver failed to yield because they did not see you

  • A driver swerved into your lane due to limited side visibility

  • A driver hit you while reversing or turning and admitted they could not see

In each of these examples, the illegal tint could be considered a contributing factor.

How Fielding Law Can Help

At Fielding Law, we look at every detail that could support your case. When investigating an accident involving dark tint, we may:

  • Review traffic and police reports for citations

  • Obtain photographs or footage of the vehicle’s windows

  • Consult visibility experts or accident reconstruction specialists

  • Interview witnesses who observed the crash or vehicle condition

We build a strong case based on facts, law, and expert insight.

Why Hire Fielding Law

Choosing the right attorney matters, especially when proving that someone else’s decisions caused your injury. At Fielding Law, we combine professionalism, kindness, and real courtroom experience to fight for your future. If dark tint contributed to your accident, we are ready to help you seek justice and recovery.

Call 833.88.SHARK or contact Fielding Law for a free consultation today.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

December 18, 2025
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Front of a car showing mostly the headlight

Injured in an Accident but Already Involved in Another Claim

By Personal Injury

Understanding Multiple Accident Injury Claims

Being hurt in one accident is overwhelming, but suffering injuries while you already have an open case adds new challenges. A multiple accident injury claim arises when a person experiences two or more accidents within a short time, and the injuries overlap.

Insurance companies often use this as a tactic to reduce or deny fair compensation. They may argue that your injuries came from the earlier incident, not the new one, or that you are exaggerating symptoms. This situation requires careful legal and medical documentation.

How Common Are Multiple Accident Cases?

Accidents happen more often than many people realize. According to the National Highway Traffic Safety Administration (NHTSA), there were more than 6.4 million police-reported crashes in the United States in 2022. Many victims experience more than one crash in their lifetime, sometimes only months apart.

In fact, research shows:

  • About 30 percent of people involved in a car accident will be involved in another within three years.

  • The Centers for Disease Control and Prevention (CDC) reports that over 2.1 million people are injured in motor vehicle accidents annually, meaning a significant number of those victims could face a second accident while still recovering.

These numbers highlight why a multiple accident injury claim is more common than most people expect.

Challenges with Multiple Accident Claims

When a second accident happens, several issues may arise:

  • Causation disputes: Insurance adjusters may argue over which accident caused your injuries.

  • Medical overlap: Back, neck, and head injuries are common in both accidents, making it difficult to separate the damage.

  • Pre-existing injuries: Even if you were recovering, insurers may claim your condition existed before the second crash.

  • Delayed recovery: A second accident can worsen healing, leading to longer treatment and higher medical bills.

California and Arizona Laws to Know

Both California and Arizona are fault based states, meaning the person responsible for an accident may be liable for damages. Both states also follow pure comparative negligence rules, so compensation can be reduced if you are found partially at fault. Even if you are 90 percent responsible, you may still recover 10 percent of your damages.

In a multiple accident injury claim, these laws impact how damages are divided. For example, if the first accident caused a back injury and the second worsened it, each at-fault driver’s insurer may argue about how much responsibility they should bear.

Steps to Protect Your Claim

If you are in a second accident while your first claim is still open, you can take steps to protect yourself:

  1. Seek medical treatment immediately and explain both accidents to your doctor. This creates a clear record of how the new accident affected your injuries.

  2. Contact a personal injury attorney who can coordinate both claims and prevent insurers from pushing responsibility onto each other.

  3. Notify both insurance companies but avoid detailed statements until you speak with an attorney.

  4. Keep consistent medical documentation, including notes on how your pain, mobility, or daily activities changed after the second crash.

Why Hire Fielding Law

Handling one claim is stressful enough, but managing two overlapping cases is even more complex. Insurance companies may try to minimize your injuries, delay your case, or deny payment altogether.

At Fielding Law, our attorneys understand how to navigate a multiple accident injury claim in both Arizona and California. We work closely with medical professionals to document your injuries, challenge insurance company tactics, and pursue the compensation you deserve.

We believe in treating clients with kindness, clarity, and professionalism. If you were injured in an accident while already involved in another claim, call 833.88.SHARK today for a free consultation.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

December 15, 2025
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3 teal colored gift boxes

Fielding Law Holiday Gift Guide

By Burn Injury, Catastrophic Injury, E-Bikes and E-Scooters, Motorcycle Accident, Personal Injury, Skate & Skateboarding Accident

Holiday shopping is exciting, but many popular gifts carry hidden risks. This holiday gift guide helps families in California and Arizona choose gifts safely and avoid injuries. Understanding product safety, age rules, and potential risks can prevent accidents and give peace of mind this season.

E Bikes

E bikes remain a top gift this year. In California, riders must be sixteen or older to use Class 3 e bikes. Helmets are required for anyone under eighteen and for all Class 3 riders. Check battery certification because defective batteries can catch fire. In Arizona, e bikes follow bicycle rules, but local cities may add age or helmet requirements. Riders can also face risks if drivers act carelessly. Choosing a certified model reduces injury risks.

Electric Scooters

Electric scooters are popular with teens and adults. Riders should wear helmets, follow speed limits, and use protective gear. Defective brakes, steering issues, or battery problems can lead to falls or injuries. Property owners may also be responsible if unsafe sidewalks contribute to accidents. Families should include electric scooters in their safety review when using this holiday gift guide.

Red Light and LED Beauty Masks

Red light masks have gained popularity for skin care, but they can cause burns or eye injuries. People with light-sensitive conditions or certain medications may react badly. Always choose FDA-cleared devices, follow the instructions, and use eye protection. Adding safety considerations makes these gifts safer for loved ones.

Drones

Drones are fun for filming and photography, but they require careful use. FAA rules require registration for heavier drones. Keep the drone in line-of-sight, avoid flying over people, and follow privacy rules. A crash or malfunction can injure someone, and the manufacturer or operator may be responsible. Including drones in this holiday gift guide reminds families to balance fun with safety.

Hoverboards and Self-Balancing Boards

Hoverboards remain popular but cause many injuries. Only UL 2272 certified boards are safe. Riders must wear helmets and follow all instructions. Battery fires, falls, and structural defects can lead to serious injuries and product liability claims. This holiday gift guide highlights hoverboards as gifts that require careful supervision.

Weighted Blankets

Weighted blankets promote relaxation, but using blankets that are too heavy can harm children. Follow recommended weight guidelines. Poorly designed or mislabeled blankets may cause injuries. Families should consider these points when selecting gifts from this holiday gift guide.

Portable Generators

Generators are useful, but they can be dangerous. Never operate a generator indoors or in poorly ventilated areas. Carbon monoxide, electrical shocks, and fire risks increase when people ignore instructions. Including generators in a holiday gift review highlights safety for family and friends.

Electric Skateboards

Electric skateboards offer speed and fun, but they carry fall risks. Riders should wear helmets and protective gear. Defective brakes, wheels, or motors can cause injuries, and following local traffic rules reduces danger. This holiday gift guide reminds families to supervise younger or inexperienced riders.

Hover Shoes and Segway-Style Boards

Self-balancing shoes are trendy, but falls are common if the device malfunctions. Helmets and safety gear are essential. Parents should supervise inexperienced riders closely. Including hover shoes in a gift guide helps prevent accidents.

Laser or Light-Based Toys

Laser pointers and light-based toys can cause eye injuries. Only certified, age-appropriate devices are safe. Never point lasers at people or vehicles. Adding laser toys to the holiday gift guide ensures families are aware of potential risks.

Why Hire Fielding Law

Even the safest gifts can cause injuries if a product fails or someone acts carelessly. Fielding Law helps families in California and Arizona understand their rights and take action. Our team provides clear guidance, compassionate support, and professional representation.

If you or a loved one is injured by a product or unsafe gift, call 833.88.SHARK or contact Fielding Law for help.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

December 11, 2025
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holiday decor on a table with glasses and plates

Legal Tips After Holiday Accidents

By Car Accident, Personal Injury, Premises Liability, Slip or Trip and Fall, Wrongful Death

Legal Tips After Holiday Accidents

The holiday season brings joy, gatherings, and festive celebrations, but it also increases the risk of accidents. Slippery walkways, crowded stores, and decorations can create hazards for visitors and shoppers. When injuries occur, understanding your legal options is essential.

Property Owner Liability

Property owners have a duty to maintain a safe environment for guests and visitors. This includes clearing ice and snow, promptly addressing spills, and removing tripping hazards. If an accident occurs due to a property owner’s negligence, they may be held responsible for resulting injuries. This is especially important during the holidays when foot traffic is higher than usual.

Dealing with Insurance

After a holiday accident, insurance companies often become involved. Property owners’ insurance may cover medical expenses and damages, but navigating claims can be challenging. To protect your case, consider these steps:

Proper documentation strengthens your case and ensures you receive fair compensation.

When to Contact an Attorney

Not every accident requires legal representation, but contacting a holiday accident lawyer early can protect your rights. An attorney can evaluate your case, help communicate with insurance companies, and determine if the property owner was negligent. Legal guidance is especially important if injuries are severe, if the insurance company delays or denies your claim, or if liability is disputed.

Why Hire Fielding Law

Fielding Law has extensive experience helping clients injured due to negligent property owners. We provide compassionate guidance, aggressive representation, and thorough support from start to finish. Our goal is to help you focus on recovery while we handle the legal process. If you or a loved one was injured in a holiday accident, do not wait. Contact Fielding Law at 833.88.SHARK today to discuss your case.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

December 10, 2025
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Rideshare driver and passenger in a car

Rideshare Accident Claims vs. Traditional Taxi Claims

By Car Accident, Rideshare Accident

Understanding the Differences in Passenger Claims

When passengers are injured in an accident involving a rideshare vehicle or a traditional taxi, the process for seeking compensation can be very different. Knowing these distinctions can help protect your rights and ensure you take the right steps after an accident.

Rideshare Accident Claims

Rideshare services such as Uber and Lyft operate under a different legal and insurance framework than traditional taxis. These companies classify their drivers as independent contractors, not employees. Because of this, liability and coverage depend on the driver’s status at the time of the accident:

  • App Off: If the driver is not logged into the rideshare app, their personal auto insurance applies.

  • App On, Waiting for a Ride: Limited liability coverage from the rideshare company may apply, in addition to the driver’s own insurance.

  • Ride Accepted or Passenger in Vehicle: The rideshare company’s full commercial policy, often up to $1 million in liability coverage, generally applies.

Passengers can benefit from these policies, but insurance companies may dispute who is liable or how much compensation is owed.

Traditional Taxi Accident Claims

Taxi companies operate under a more traditional business structure, with drivers typically considered employees or licensed contractors working under strict company rules. Key differences include:

  • Commercial Insurance: Taxis must carry commercial insurance policies, often with set minimum coverage mandated by local laws.

  • Direct Company Liability: If the driver was at fault, the taxi company is usually directly liable for damages because of the employment relationship.

  • Fewer Coverage Tiers: Unlike rideshare claims, there are not separate coverage levels based on the driver’s “status.” If the taxi was on duty, the commercial policy should apply.

What Passengers Should Know

Whether you are injured in a rideshare or taxi accident, your rights and options depend on the circumstances and local laws in California and Arizona.

Important tips for passengers:

  • Seek medical attention immediately to document your injuries.

  • Gather evidence such as driver information, vehicle details, and witness statements.

  • Understand coverage before making statements to insurance companies.

  • Consult an attorney familiar with rideshare accident claims who understands both rideshare and taxi regulations.

Why Hire Fielding Law

At Fielding Law, we know how overwhelming the aftermath of an accident can be. Our caring and capable team has the knowledge to navigate the unique challenges of rideshare and taxi accident claims in both California and Arizona. We are committed to protecting your rights and ensuring you receive fair compensation for your injuries. Call 833.88.SHARK to speak with our team today.

Understanding the Differences in Passenger Claims

When passengers are injured in an accident involving a rideshare vehicle or a traditional taxi, the process for seeking compensation can be very different. Knowing these distinctions can help protect your rights and ensure you take the right steps after an accident.

Rideshare Accident Claims

Rideshare services such as Uber and Lyft operate under a different legal and insurance framework than traditional taxis. These companies classify their drivers as independent contractors, not employees. Because of this, liability and coverage depend on the driver’s status at the time of the accident:

  • App Off: If the driver is not logged into the rideshare app, their personal auto insurance applies.

  • App On, Waiting for a Ride: Limited liability coverage from the rideshare company may apply, in addition to the driver’s own insurance.

  • Ride Accepted or Passenger in Vehicle: The rideshare company’s full commercial policy, often up to $1 million in liability coverage, generally applies.

Passengers can benefit from these policies, but insurance companies may dispute who is liable or how much compensation is owed.

Traditional Taxi Accident Claims

Taxi companies operate under a more traditional business structure, with drivers typically considered employees or licensed contractors working under strict company rules. Key differences include:

  • Commercial Insurance: Taxis must carry commercial insurance policies, often with set minimum coverage mandated by local laws.

  • Direct Company Liability: If the driver was at fault, the taxi company is usually directly liable for damages because of the employment relationship.

  • Fewer Coverage Tiers: Unlike rideshare claims, there are not separate coverage levels based on the driver’s “status.” If the taxi was on duty, the commercial policy should apply.

What Passengers Should Know

Whether you are injured in a rideshare or taxi accident, your rights and options depend on the circumstances and local laws in California and Arizona.

Important tips for passengers:

Why Hire Fielding Law

At Fielding Law, we know how overwhelming the aftermath of an accident can be. Our caring and capable team has the knowledge to navigate the unique challenges of rideshare and taxi accident claims in both California and Arizona. We are committed to protecting your rights and ensuring you receive fair compensation for your injuries. Call 833.88.SHARK to speak with our team today.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

December 9, 2025
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Someones fist punching red metal

Commonly Asked Questions About Assault in Personal Injury

By Assault, Personal Injury

What Qualifies Something as Assault?

Assault occurs when someone intentionally causes another person to fear imminent harm. This does not always require physical contact. Threats or actions that make someone reasonably fear injury can qualify as assault under the law.

What Is the Definition of Assault to Injury?

In a personal injury context, assault refers to acts that lead to physical or emotional harm. The law allows victims to seek compensation for injuries resulting from the assault, including medical expenses, therapy, and pain and suffering.

Is Assault the Same as Physical Harm?

Not always. While assault can involve physical harm, it may also involve threats or attempted harm that causes fear. Physical harm may classify the act as battery, which often accompanies assault in personal injury cases.

What Qualifies as Physical Assault?

Physical assault includes any intentional act that causes bodily injury, such as hitting, slapping, pushing, or using an object to inflict harm. These actions can be grounds for a personal injury claim.

What Are the Three Elements of Assault?

To prove assault in most jurisdictions, three elements must be established:

  1. An intentional act by the defendant

  2. The victim’s reasonable fear of imminent harm

  3. The ability to carry out the threatened act

What Type of Injury Is Assault?

Assault injuries can be physical, emotional, or psychological. Victims may suffer bruises, broken bones, stress, anxiety, or post-traumatic stress disorder (PTSD).

What Are the Injuries of Assault?

Common injuries include:

  • Cuts, bruises, or contusions

  • Broken bones or sprains

  • Emotional trauma or anxiety

  • Long-term psychological effects

What Would Be Classified as Assault?

Any action that intentionally threatens or causes harm to another person, creating fear of immediate injury, can be classified as assault.

Does Assault Fall Under Personal Injury?

Yes. Assault in personal injury allows victims to pursue compensation for both physical and emotional damages. Legal claims focus on the harm caused and the defendant’s liability.

What Are the Three Degrees of Assault?

Some states categorize assault into three degrees based on severity:

  1. Simple assault: minor injuries or threats

  2. Aggravated assault: use of a weapon or intent to cause serious injury

  3. Felony assault: severe injuries or attacks on certain protected individuals

Which Type of Injuries Are Considered Simple Assault?

Simple assault typically involves minor physical injuries, such as bruising, or may involve no physical injury at all, as long as there is a reasonable threat of harm.

How Much Can You Get for Suing Someone for Assault?

Compensation depends on the severity of injuries, medical bills, emotional trauma, and lost wages. Every case is unique, so amounts vary widely.

Can You Get Money From Someone Who Assaulted You?

Yes. If the assailant is liable and has resources or insurance, a personal injury claim can provide financial recovery for medical costs, therapy, and other damages.

What Evidence Is Needed for an Assault Case?

Strong evidence can include:

  • Medical records documenting injuries

  • Photos or videos of the incident

  • Witness statements

  • Police or incident reports

  • Any communication or threats from the assailant

Is It Worse to Be Charged With Assault or Battery?

Assault and battery are different legal concepts. Assault usually involves threats or fear of harm, while battery involves actual physical contact. Severity varies depending on the case and jurisdiction.

Is It Worth Suing Someone With No Money?

Even if the defendant lacks assets, pursuing a claim can provide documentation for insurance purposes or future claims. Each case should be reviewed with a personal injury attorney.

Does an Assault as Defined in a Policy Require a Physical Injury?

Not always. Some insurance policies cover assault claims even without physical injury, focusing on fear, emotional distress, or threats of harm.

Why Hire Fielding Law for Assault in Personal Injury?

Navigating an assault personal injury case can feel overwhelming. At Fielding Law, we guide clients through every step, providing support, knowledge, and advocacy. From documenting your injuries to negotiating fair compensation, our team is committed to helping victims recover physically, emotionally, and financially. Call 833.88.SHARK to speak with our team today.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

December 8, 2025
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