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Tina Westveer

Scales of justice on a desk

Comparative Fault Explained

By Bicycle Accident, Car Accident, Dog / Animal Bite, Personal Injury, Premises Liability, Wrongful Death

Understanding Comparative Fault

Comparative fault is a legal principle that may impact how much compensation you recover in a personal injury case. It applies when both the injured person and the at-fault party share responsibility. A court or jury will assign percentages of fault, and your award is reduced by the amount of fault assigned to you.

Comparative Fault in California

California follows a pure comparative fault system. Even if you are found 99 percent at fault, you may still recover damages for the 1 percent caused by someone else. For example, if you are injured in a car accident and awarded $100,000 but are found 40 percent at fault for speeding, your recovery would be $60,000.

Comparative Fault in Arizona

Arizona also follows a pure comparative fault system. This means you can pursue compensation even if you bear the majority of the blame. For example, if you are injured in a bicycle accident and the court finds you 30 percent at fault for riding against traffic, you would still recover 70 percent of your damages. If the total damages were $50,000, you would receive $35,000.

How Comparative Fault Applies to Different Cases

Dog Bites

In California and Arizona, dog owners are strictly liable when their dog bites someone. However, if the injured person provoked the dog or was trespassing, comparative fault may reduce the compensation.

Car Accidents

Car accidents often involve multiple factors. One driver may run a red light while the other sends a text. Both actions contribute to the crash. In these cases, the court assigns fault to each driver and reduces recovery according to those percentages.

Premises Liability

Property owners have a duty to keep their premises safe. However, if an injured person ignores posted warnings or engages in risky behavior, comparative fault may reduce recovery.

Bicycle Accidents

Bicycle accidents frequently raise disputes over responsibility. A driver might fail to yield, while a cyclist ignores traffic laws. Both sides play a role. The court weighs each person’s actions and adjusts damages based on the percentage of fault.

Why Hire Fielding Law

At Fielding Law, we understand that comparative fault cases are often complicated. Insurance companies may attempt to exaggerate your share of fault to minimize payouts. Our attorneys will stand by your side to protect your rights and fight for the compensation you deserve. We are committed to guiding you and your family with care, compassion, and determination.

Call 833.88.SHARK today to speak with a comparative fault lawyer who will protect your best interests.

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

October 6, 2025
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duffy boat in the ocean near the harbor

Duffy Boat Accidents in Newport Beach

By Boating Accident, Personal Injury

Newport Beach’s waterways are popular spots for leisurely cruising. Duffy boats, quiet electric-powered boats often used for sightseeing or small group charters, are a favorite of locals and visitors alike. But like any vessel, Duffys are not immune to accidents. When a Duffy boat collision or related injury occurs, questions often arise: who is liable, was alcohol involved, how often do these accidents happen, and do you need special training to drive one?

Common types of Duffy boat accidents

Some accidents we often see with Duffy boats include:

  • Collisions with other boats in crowded harbor waters

  • Crashing into docks or piers during docking

  • Passengers getting hurt from sudden stops or turns

  • Boats breaking down due to poor maintenance

  • People slipping or falling into the water when boarding

Who is liable?

Liability means who is legally responsible after an accident. In Duffy boat accidents, it may be:

  • The driver if they were careless, distracted, or unsafe

  • The rental company if they gave out a boat with problems or failed to explain safety rules

  • The manufacturer if the boat had a design or equipment defect

  • More than one person if both the driver and rental company shared fault

California uses comparative fault. This means more than one party can be held responsible, and damages are divided based on the percentage of fault.

Is drinking allowed on a Duffy boat?

Passengers may drink while enjoying a Duffy boat, but the driver cannot. Under California law, it is illegal to operate any boat while under the influence of alcohol or drugs. The limit is the same as for driving a car, a blood alcohol concentration of 0.08 percent. Even below that level, an operator can be charged if their ability to drive safely is impaired.

Boating under the influence, called BUI, can lead to serious penalties. These include fines, possible jail time, and larger consequences if someone is hurt.

How common are these accidents?

Exact numbers for Duffy boat accidents in Newport Beach are hard to find. What we do know is that many boating accidents in Southern California happen in busy harbors like Newport. Accidents often involve rental boats, and alcohol is a common factor.

Do you need training to drive one?

You usually do not need a special license to drive a Duffy boat. In most cases, the rental company will give you a short lesson and safety instructions before you leave the dock. Even though Duffys are simple to operate, safe driving still matters. Paying attention, following harbor rules, and staying sober are key.

Why Hire Fielding Law

If you or a loved one were hurt in a Duffy boat accident, you may feel unsure where to turn. At Fielding Law, we understand how stressful these situations can be. Our team is caring, capable, and ready to guide you through the legal process. We focus on helping injury victims in California and Arizona. Call 833.88.SHARK  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.

October 3, 2025
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Multiple cars sitting in peak time of traffic trying to get off an exit ramp.

When Do Most Car Accidents Happen?

By Car Accident

Timing Is Everything on the Road

The peak time for auto accidents is not random. Certain hours of the day and specific days of the week see more collisions than others. Whether you commute to work, run errands midday, or drive late at night, knowing when roads are riskiest could help you avoid a life-changing crash.

The Most Dangerous Hours to Drive

According to the National Highway Traffic Safety Administration (National Safety Counsel), the most common time for accidents is between 4:00 p.m. and 7:59 p.m. This afternoon window lines up with rush hour, school pickups, and an increase in fatigued or distracted drivers.

Evening Rush Hour Risks

  • Heavier traffic volume

  • Impatient or tired drivers

  • More distractions after a full workday

Late Night and Early Morning Hazards

While fewer cars are on the road at night, the rate of fatal crashes increases after dark. The danger spikes between midnight and 3:00 a.m., especially on weekends. Contributing factors often include:

Weekend vs. Weekday Crash Patterns

Weekends might feel more relaxed, but Saturday and Sunday evenings often see higher accident rates. More social activities and alcohol consumption play a big role in this trend.

During the week, Friday evenings are particularly dangerous as people head into the weekend. Mondays typically see fewer accidents, but that does not mean drivers can let their guard down.

Seasonal and Weather Impacts

The time of year also plays a role in accident patterns. In Arizona and California, for example, the risk increases during extreme heat due to tire blowouts or overheating. In wetter climates, rain can cause slick roads and reduced visibility.

Stay Safe During Peak Times

To reduce your chances of an accident:

  • Avoid driving during known high-risk hours when possible

  • Do not drive distracted or impaired

  • Keep your vehicle well-maintained

  • Leave extra time to avoid rushing

Being aware of the peak time for auto accidents empowers you to take control. But if the unexpected happens, Fielding Law is ready to help you get the justice you deserve.

Why Hire Fielding Law

If you were injured in a crash during a high-risk time, you are not alone. Accidents caused by negligence deserve legal attention. At Fielding Law, we understand the pain and disruption these accidents cause. Our experienced team is here to guide you through your legal options with compassion and care.

Let us handle the legal side so you can focus on healing. Call 833.88.SHARK or visit fill out our contact form for a free call back to discuss your options.

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

October 2, 2025
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A good samaritan lending a helping hand to help a person up off the ground

What is California’s Good Samaritan Law?

By Personal Injury

What Is California’s Good Samaritan Law?

California’s Good Samaritan Law is found in Health & Safety Code §1799.102. It was created to protect people who offer help during emergencies. This law encourages bystanders to step in and assist others without fear of being sued, but it only applies in specific situations.

The law offers limited protection to those who provide emergency care in good faith. However, it does not give blanket immunity. Whether or not someone is protected often depends on how the help was given and the result of that aid.

When Legal Protection Applies

Legal protection under the Good Samaritan Law in California may apply when the following are true:

  • The help is given at the scene of an emergency

  • The person acts in good faith

  • The person does not expect payment

  • The person does not act with gross negligence or recklessness

For example, if someone pulls a crash victim out of a burning vehicle with reasonable care, that person will likely be protected. The goal is to make sure people do not hesitate to act when someone is in danger.

When Legal Protection Does Not Apply

Legal protection does not apply in every case. Someone could still be held responsible if:

  • They cause more harm by acting recklessly

  • They perform actions they are not trained to do

  • They expect compensation

  • The situation is not truly an emergency

In one widely discussed case, Van Horn v. Watson, a woman pulled a crash victim from a car fearing an explosion. However, that movement made the injuries worse. Because there was no proven risk of explosion and she was not trained to move someone with spinal injuries, the court ruled the Good Samaritan Law in California did not apply.

How This Law Affects Injury Cases

If you were injured because someone tried to help you and it went wrong, you may be wondering if you have a case. Or, if you helped someone and are now being sued, you may be wondering if you are protected. California’s Good Samaritan Law can play an important role in these types of personal injury claims.

Every case is different. It depends on the details of the emergency, what actions were taken, and how much harm resulted from that help.

Why Hire Fielding Law

At Fielding Law, we understand how confusing emergency situations can be—especially when someone ends up injured. Whether you were trying to help or were hurt by someone who did, we are here to listen and guide you. Our legal team handles each case with kindness, civility, and professionalism. We will take the time to understand what happened and help you move forward.

Call 833.88.SHARK or contact Fielding Law today to schedule your free consultation.

Let us help you understand your rights and explore your options.

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

October 1, 2025
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gavel on a table

Pre-Death Pain and Suffering Damages Ending Soon

By Personal Injury

What Are Survival Actions?

When someone gets hurt because of another person’s negligence and later passes away, their estate can bring a survival action. This claim is different from a wrongful death case. Wrongful death focuses on the family’s loss. A survival action focuses on the harm the person suffered before passing away.

What Changed Under CCP 377.34

For many years, families could not recover money for pre-death pain and suffering damages. Courts only looked at medical bills, lost wages, and other direct costs. As a result, the pain and hardship the person endured before death did not count in the case.

In 2022, lawmakers made a major change. They updated CCP 377.34 to allow families to pursue pre-death pain and suffering damages through survival actions. This gave families a stronger way to hold wrongdoers accountable. It also helped honor the suffering their loved one experienced.

Why This Matters Now

The new rule will expire on December 31, 2025. After that date, families may lose the right to seek pre-death pain and suffering damages in survival actions. Unless lawmakers extend the rule, this option will disappear.

Because of this deadline:

  • Families with pending claims need to act without delay.

  • Waiting too long could reduce the damages available.

  • Taking early action can help protect your rights.

Why Hire Fielding Law

At Fielding Law, we know how painful it is to lose a loved one. Legal deadlines and complex rules can make things even harder. Our caring and capable team will explain how the end of CCP 377.34 affects your case. We will fight to protect your rights and guide you each step of the way.

If you have questions about survival actions or pre-death pain and suffering damages, call 833.88.SHARK today.

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

September 30, 2025
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puddle of Grease Soap or Oil on pavement

Slipped on Grease, Soap, or Oil?

By Premises Liability, Slip or Trip and Fall

Slipped on grease, soap, or oil? You are not alone. These are some of the most common causes of falls in restaurants, grocery stores, parking lots, and gas stations. Property owners must take reasonable steps to clean up spills and post warning signs. When they fail to do so, innocent people get hurt. If this happened to you, preserving your clothing, shoes, and photo evidence could make the difference in your case.

Keep Your Clothes as Evidence

Slipping and falling in a public place is painful and disorienting—but what you do next could make or break your case. Whether it was grease from a kitchen, oil from a parking lot, or soap from freshly mopped floors, the substance you slipped in matters. Even more importantly, your clothing can hold key evidence.

After a fall, many people go home and wash their clothes. That is a mistake. Your clothing and shoes may hold residue, stains, or patterns that help prove what happened. These materials can support your claim that the property owner failed to maintain a safe environment.

How to Preserve Your Clothing

To protect the evidence, follow these simple steps:

  • Do not wash or clean your clothes or shoes

  • Place items in a paper bag—not plastic

  • Take clear photos of the clothing before storage

  • Avoid touching or brushing off the substance

Your clothing could help identify the slippery material and show how much was present. It may also indicate where and how the fall occurred.

Take Photos and Videos Right Away

If you can, document the area before leaving the scene. If you are injured and unable to do so, ask someone nearby to help. Photos and videos are powerful tools.

Be sure to capture:

  • The exact area where you fell

  • A close-up of the grease, soap, oil, or substance

  • Your shoes and clothing after the fall

  • A wide shot showing whether warning signs were posted

  • Contact information for any witnesses

  • Security cameras or nearby recording devices

This documentation can support your case and help your attorney prove that the property owner was negligent.

Understanding Liability in Arizona and California

Arizona and California both require property owners to keep their premises safe for visitors. That includes mopping spills promptly, posting visible warnings, and inspecting the area regularly. If an owner knew or should have known about a slippery substance and did nothing, they may be held legally responsible.

However, proving negligence requires strong, clear evidence—which is why preserving your clothing and documenting the scene are so important.

Why Hire Fielding Law

At Fielding Law, we understand how frustrating and overwhelming a slip and fall injury can be. You are dealing with pain, medical bills, and lost time—all because someone else failed to take proper care. Our team is here to help you rise together.

We treat each case with care, professionalism, and urgency. We are not a big, cold firm. We are focused on your recovery and your future.

Call 833.88.SHARK for a free consultation about your injuries. Contact Fielding Law today to speak with a slip and fall lawyer who will stand up for you.

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

September 30, 2025
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Teal background with Fielding Law shark jaw icon in the middle

Listserve Live Brings OCTLA Attorneys Together

By Firm News and Celebrations, Personal Injury

On September 25, 2025, the Orange County Trial Lawyers Association hosted its first-ever OCTLA Listserve Live event at The Park Club in Costa Mesa. What has long been a valuable online forum for plaintiff attorneys became an engaging in-person conversation, filled with meaningful discussion, collaboration, and shared strategies.

For two hours, plaintiff attorneys had the opportunity to connect face-to-face, ask real-time questions, and gain practical insight into the challenges they encounter in their cases. The room was filled with energy as familiar voices from the online listserv transformed into a dynamic panel discussion and open dialogue.

Clark speaking at OCTLA Listserve Live Clark Fielding on the Panel

Fielding Law’s founding principal, Clark Fielding, was honored to serve as one of the attorneys on the panel. Clark and his fellow presenters guided discussions that reflected the day-to-day realities of plaintiff work, including accident preparedness for future clients, consultation strategy, communication with clients, and navigating unique legal hurdles. Attorneys walked away not only with fresh ideas, but also with practical tools to implement immediately in their practices.

More Than a Networking Event

This groundbreaking plaintiff attorney networking event was designed exclusively for OCTLA plaintiff attorney members. Along with the open dialogue, attendees earned 1-Hour MCLE Credit, making the experience both informative and beneficial for professional growth. The structured format ensured that discussions remained practical, relevant, and focused on empowering attorneys to advocate effectively for their clients.

Why Events Like OCTLA Listserve Live Matter

At Fielding Law, we believe that collaboration strengthens advocacy. When plaintiff attorneys share knowledge and strategies, the entire community rises. Events like OCTLA Listserve Live highlight the value of connection, mentorship, and professional growth within the legal field.

Events like Listserve Live remind us that learning never stops. At Fielding Law, we bring that same dedication to every case, working tirelessly for our clients. If you need experienced, compassionate representation, call 833.88.SHARK today.

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

September 29, 2025
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Doctor with stethoscope around neck in green scrubs with arms crossed

Why Is Treating So Important to My Case?

By Personal Injury

Why Medical Treatment Matters After an Accident

Treatment in personal injury cases is critical for both your health and your legal claim. After an accident, you may feel tempted to put off seeing a doctor, especially if your pain seems minor. However, getting immediate care and following through with treatment provides vital protection for your body and strengthens your case.

Protecting Your Health

Many injuries do not reveal their full extent right away. Whiplash, concussions, and internal injuries can worsen if left untreated. Receiving medical treatment promptly allows doctors to catch hidden injuries and guide your recovery safely.

Establishing a Record of Your Injuries

Medical records form the foundation of treatment in personal injury cases. They prove the timing, severity, and ongoing effects of your injuries. Without consistent documentation, insurance companies may argue that your injuries are unrelated to the accident.

Showing Consistency and Commitment

Courts and insurance adjusters often evaluate whether an injured person followed medical advice. Gaps in treatment can harm your case, while consistent medical care shows that you are serious about your recovery and your claim.

Supporting the Value of Your Claim

Medical treatment also influences the financial side of your case. Regular care documents the true costs of your injuries, including doctor visits, therapy, and future care needs. These records help determine the compensation you may be entitled to receive.

Why Hire Fielding Law

At Fielding Law, we know how essential treatment in personal injury cases is to building a strong claim. Our team works closely with clients to ensure medical evidence is presented clearly and powerfully. We care about both your recovery and your future. If you or a loved one has been injured, call 833.88.SHARK 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.

September 29, 2025
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Motorcycle on the side of a road

Who Can Recover After a Motorcycle Fatality?

By Motorcycle Accident, Wrongful Death

Motorcycle crashes are often severe. Motorcycle crashes are often severe. Riders have little protection, and drivers sometimes fail to see them due to limited visibility, so when a collision occurs the outcome can be tragic. Families are left grieving, and they may also face financial strain from medical costs, funeral expenses, and lost income. In California and Arizona, the law provides a way for certain family members to seek justice through a wrongful death claim.

Who Can Recover Damages in a Motorcycle Fatality Case

Not every relative is eligible to file a wrongful death claim. Each state has its own rules:

California:

  • A surviving spouse or domestic partner

  • Children or, if none, grandchildren

  • If no direct descendants, those who would inherit under California’s succession laws

Arizona:

  • A surviving spouse

  • Children

  • Parents or guardians

  • A personal representative on behalf of the estate

These laws aim to protect the people most directly affected by the loss.

What Damages May Be Recovered

A wrongful death claim may include both economic and non-economic damages. Examples are:

  • Medical bills related to the accident

  • Funeral and burial expenses

  • Loss of income and future financial support

  • Loss of love, care, guidance, and companionship

The exact recovery will depend on the circumstances and the evidence presented.

How to Pursue a Claim

The process of filing a wrongful death claim involves several important steps:

  1. Determining eligibility to file

  2. Gathering accident reports, witness statements, and medical records

  3. Calculating damages, including both financial and emotional losses

  4. Filing the claim within the statute of limitations, which is two years in Arizona and generally two years in California

Families often face aggressive insurance companies and legal teams that try to limit responsibility. Having an experienced motorcycle fatality lawyer is essential to protect your rights.

Why Hire Fielding Law

At Fielding Law, we understand the devastation that follows the loss of a loved one in a motorcycle accident. Our attorneys approach every case with compassion and dedication. We help families in California and Arizona navigate wrongful death claims so they can focus on healing while we fight for justice. To learn more or begin your case, call 833.88.SHARK 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.

September 26, 2025
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a person sitting on a cliff with a dog standing next to them.

Bitten? Know California’s Dog Bite Law

By Dog / Animal Bite, Premises Liability

Understanding California’s Dog Bite Law

A dog bite can be both physically and emotionally traumatic. In California, the law is clear—dog owners are strictly liable for injuries caused by their pets, even if the dog has never bitten anyone before.

This means that if you were bitten in a public place or lawfully on private property, the dog’s owner is responsible for your injuries.

California Civil Code § 3342 sets this rule in place and provides important protections for victims.

What Does “Strict Liability” Mean?

Under strict liability, the dog owner is automatically responsible for the bite, regardless of whether:

  • The dog has a history of aggression

  • The owner knew the dog might bite

  • The owner tried to prevent the bite

The only requirements are that the victim was either in a public place or lawfully on private property (such as a guest or delivery worker). There is no need to prove that the dog owner was negligent.

Where and When This Law Applies

California’s dog bite law applies in many common situations:

  • Bites in public parks, sidewalks, or neighborhoods

  • Attacks on private property where the victim was invited

  • Bites that occur at a dog owner’s home or during a visit

  • Injuries to workers such as mail carriers or landscapers

It does not apply if the victim was trespassing, provoking the dog, or if the dog was a police or military dog performing its duties.

Injuries Covered by the Law

Dog bites can cause serious harm, including:

  • Deep lacerations or puncture wounds

  • Infection and scarring

  • Nerve damage or loss of function

  • Emotional trauma, including fear or PTSD

Even a single bite can result in emergency room visits, surgeries, and long-term recovery. The law allows victims to seek compensation for medical bills, lost wages, pain and suffering, emotional distress, and more.

What To Do After a Dog Bite

If you or your child has been bitten:

Speak with an attorney who understands personal injury and dog bite laws before accepting any settlement.

Why Hire Fielding Law

At Fielding Law, we understand the physical pain and emotional toll that dog bites can cause. Whether your case involves a child bitten at a neighbor’s home or an adult attacked in public, we take your injury seriously. Our team will guide you through the legal process with compassion, professionalism, and the experience needed to pursue maximum compensation.

We represent injured clients throughout California and Arizona. You do not have to go through this alone.

Contact Fielding Law at 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.

September 24, 2025
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