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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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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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impaired vision driving. Roadway is blurry with surroundings having a motion blur

Injured by an Impaired Person

By Car Accident

Understanding Impairment and Injury

Injury-causing accidents involving impaired individuals are more common than many realize. Impairment can affect judgment, reaction time, motor skills, and decision-making. When a person is not fully alert or functioning normally, their actions can endanger others—whether behind the wheel, operating machinery, or even hosting an event.

Types of Impairment That Cause Injuries

Impairment can take many forms. Below are common types that may contribute to preventable injuries:

1. Alcohol Impairment

  • One of the most well-known forms.

  • Impaired drivers cause thousands of fatal crashes each year.

  • The NHTSA reports that 13,524 people died in alcohol-impaired crashes in 2022 alone.

2. Drug Impairment

  • Includes both illegal substances and prescription medications.

  • Even legal drugs like sleep aids, antidepressants, and painkillers can impair judgment or motor skills.

  • According to the CDC, marijuana is the most frequently detected drug in impaired drivers after alcohol.

3. Fatigue (Drowsy Driving)

  • Sleep deprivation mimics alcohol intoxication.

  • A driver who has been awake for 20+ hours has the same performance impairment as a driver with a 0.08% BAC.³

  • The National Safety Council estimates drowsy driving contributes to over 100,000 crashes every year.⁴

4. Medical Conditions

  • Conditions like epilepsy, diabetes (low blood sugar), and neurological disorders can impair awareness and cause sudden accidents.

  • Drivers are required by law to disclose these conditions to the DMV, but many fail to do so.

5. Mental Impairment

  • Anxiety, depression, and psychosis may affect a person’s ability to act safely and rationally.

  • These impairments may also contribute to workplace injuries, self-harm in public spaces, or endangerment of others.

What to Do if You Are Injured Due to Impairment

If you suspect impairment played a role in your accident or injury, here are the steps to take:

1. Call 911 Immediately
Get law enforcement and emergency services on the scene. Police can conduct field sobriety or drug tests.

2. Document the Scene
Take photos of damage, the location, people involved, and any visible signs of impairment (e.g., stumbling, slurred speech).

3. Get Medical Attention
Even if you feel okay, get checked. Some injuries may not present symptoms right away.

4. Speak with Witnesses
Ask anyone nearby if they noticed odd behavior before the incident—this can support your claim.

5. Contact Fielding Law
Do not navigate this alone. If someone’s impairment caused your injury, you may be eligible for compensation for medical bills, lost wages, and pain and suffering.

What This Means for You

Whether your injuries occurred in a car accident, at a public event, on private property, or at work, impairment can be a form of negligence. If the impaired person was acting irresponsibly—and their condition led to your injury—there may be a legal case against them and potentially other responsible parties, such as:

  • A bar or restaurant that over-served alcohol

  • A property owner who failed to monitor impaired guests

  • An employer who allowed an unfit employee to work

You do not have to prove the person meant to harm you—only that their impairment made them a danger to others and that it caused your injury.

Why Hire Fielding Law

If you or someone you love has been injured due to impairment, our team at Fielding Law is here to guide you with care and strength. We help victims understand their rights and pursue the maximum compensation available under the law. We are not a massive firm with gimmicks—we are a compassionate, capable team focused on getting real results for real people.

Call 833.88.SHARK or contact Fielding Law 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 23, 2025
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cars driving on a highway at nighttime

Injured in a Nighttime Accident?

By Bicycle Accident, Car Accident, Pedestrian Accident

Why Are Nighttime Accidents So Dangerous?

Driving at night significantly increases the risk of a serious crash. Even though fewer vehicles are on the road after dark, studies show that a nighttime accident is more likely to result in serious injury or death. Reduced visibility, fatigue, and a higher rate of impaired or reckless drivers all contribute to the danger.

In both California and Arizona, nighttime crashes are especially common on freeways, poorly lit streets, and rural roads.

Common Causes of Nighttime Accidents

There are many factors that make nighttime driving risky. Some of the most common causes of nighttime accidents include:

When visibility drops and reaction time is reduced, even a small mistake can lead to a serious crash.

What This Means for You

If you were hurt in a nighttime accident, do not assume it is harder to prove what happened. Whether you were rear-ended, sideswiped, or hit while walking, an experienced attorney can investigate the circumstances and determine who is responsible.

You may be entitled to compensation for:

It is important to act quickly. Evidence such as roadway lighting, surveillance video, and witness statements can disappear if not preserved early in the process.

Why Hire Fielding Law

At Fielding Law, we understand the serious impact a nighttime accident can have on your life. We have experience with low-visibility crash cases and know how to uncover details others might miss. From the moment you call us, our team will work to protect your rights and hold the negligent party accountable.

We approach every case with compassion, professionalism, and a strong commitment to results.

If you or a loved one was injured in a nighttime accident,call 833.88.SHARKor contact Fielding Law 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 22, 2025
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social media influencer standing in the middle of a street with a sunset in the background

Chasing the Perfect Image: Influencer Street Accident

By Car Accident, Catastrophic Injury, Pedestrian Accident, Personal Injury, Public Entity, Wrongful Death

According to KTLA, Instagram personality Ben Bruno recently posted a video of a Beverly Hills street where at least 22 people were posing in the middle of traffic. Vehicles slowed or stopped as influencers turned a public street into a photo backdrop.

While it may look entertaining online, standing in an active roadway is extremely dangerous. Roads are meant for vehicles and safe pedestrian crossings, not for photo sessions. When those rules are ignored, an influencer street accident can occur with serious injuries or worse.

Why This Behavior Creates Risk

Influencers and onlookers may not realize the danger of blocking traffic. Drivers cannot always anticipate sudden obstacles in the road. Common risks include:

Even a single mistake can cause catastrophic injury.

Who Could Be Liable in a Collision

If a driver struck someone blocking the street, several parties could face responsibility.

The influencer or organizer

Directing people into a street may be considered negligent. Organizers can be held responsible for creating unsafe conditions that could lead to an influencer street accident.

The participants

Those posing in the road may share fault for their own injuries. California and Arizona follow comparative negligence rules, which allow liability to be divided among multiple parties.

The driver

A driver who was speeding, distracted, or failing to follow traffic laws could also be found at fault.

The city

In limited cases, the city might share liability if poor signage, lighting, or lack of enforcement contributed to the danger. Government liability is often difficult to prove.

The Legal Risks of Dangerous Content

Influencers may underestimate the legal and financial consequences of content created in unsafe places. Blocking a public street can result in fines, civil lawsuits, or criminal charges. Insurance companies may deny coverage if conduct is reckless or illegal.

For drivers, these situations create unfair risk. Even a careful driver may face a costly legal dispute if they hit someone standing in the road, creating an influencer street accident scenario.

Why Hire Fielding Law

If you or a loved one has been injured, you need guidance from an experienced accident lawyer. Fielding Law has helped thousands of injured people in California and Arizona with compassion, professionalism, and determination. Our team will investigate your case, determine liability, and pursue the compensation you deserve.

Call 833.88.SHARK today to schedule a free consultation with Fielding Law.

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

September 18, 2025
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woman driving car down a gravel road

Breast Implant Rupture During Car Accident

By Car Accident, Personal Injury, Product Liability

Understanding Implant Rupture After a Collision

Breast implants are medical devices, not indestructible shields. When a person with implants is involved in a car accident, particularly a high-impact crash, the pressure or blunt force trauma may lead to a breast implant rupture. This situation is not only physically painful but can also cause emotional distress, unexpected medical bills, and long-term complications.

If you or a loved one experienced a breast implant rupture during an auto accident, you may be eligible for compensation. This is especially true if the accident was caused by another driver’s negligence or if faulty seatbelt or airbag deployment worsened the injury.

Common Causes of Breast Implant Ruptures in Accidents

While breast implants are tested for durability, they are not immune to trauma. Some leading causes of rupture in a vehicle crash include:

  • Airbag deployment that compresses the chest

  • Seatbelt force against the implant area

  • Direct trauma from hitting the steering wheel or door

  • Pre-existing manufacturing defects in the implant

These injuries can go unnoticed immediately after a crash. It is important to seek both emergency and follow-up care to catch hidden injuries.

Signs Your Implant May Have Ruptured

Symptoms may vary based on whether the implant is silicone or saline. In either case, if you suspect a rupture after an accident, seek medical evaluation right away.

Common signs include:

  • Sudden change in breast shape or size

  • Hard lumps or rippling under the skin

  • Pain, tenderness, or burning

  • Swelling or inflammation

  • Asymmetry or deformity

Saline implants typically deflate quickly and are absorbed by the body, making them easier to identify. Silicone implant ruptures, on the other hand, may take longer to notice and could result in scar tissue buildup or chronic pain.

Who Is Liable for the Injury?

Liability in cases involving breast implant ruptures during auto accidents can be complex. You may have more than one claim:

  • The negligent driver who caused the crash

  • The auto manufacturer if defective airbags or seatbelts were involved

  • The implant manufacturer if the product failed prematurely

To determine liability and calculate fair compensation, a qualified attorney will conduct a thorough investigation, review your medical records, and consult experts if necessary.

What Compensation Can You Recover?

If your implant ruptured in a crash, you may be able to recover compensation for:

These cases often involve both personal injury and product liability claims. A skilled attorney will help you pursue the full compensation you deserve.

Why Hire Fielding Law

Fielding Law is not a massive, impersonal firm. We are dedicated, experienced attorneys who truly care about our clients. We understand the physical and emotional toll these injuries can take. If you are dealing with breast implants rupturing during an auto accident, our compassionate legal team will guide you every step of the way.

We fight for your recovery so you can focus on healing. Call Fielding Law at 833.88.SHARK or contact us through our online form 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 17, 2025
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Tailgate bbq grill

Injured at Tailgate Party?

By Burn Injury, Car Accident, Pedestrian Accident, Personal Injury, Premises Liability, Slip or Trip and Fall

The Fall season brings a sense of renewal and tradition as many head back to school. It is a time with familiar celebrations like the excitement of tailgate parties before college football games. With all the fun, it is important to stay mindful of your safety and understand who might be responsible if someone gets hurt. As grills, games, and gatherings increase, so does the risk of slip and falls, vehicle accidents, and alcohol related injuries.  

What is a Dram Shop? 

  • A dram shop is a business that sells alcohol and may be legally responsible if they serve someone who poses dangers to others after drinking. 

What are Social Host Laws? 

  • These laws hold the person hosting the tailgate responsible if they knowingly provide alcohol to underage guests or know about underage drinking on site. 

Common Misunderstandings of Tailgate Party Injury 

If you or a loved one is injured due to someone’s irresponsible drinking, many people assume the intoxicated individual is solely responsible. However, others — such as the bar, restaurant, or party host who served them — could also be legally responsible. You may be able to pursue a claim not just against the drunk individual, but also against the business or host who served them.  

Documenting the Scene 

After a tailgate party injury—as with all accidents— documenting the scene is essential. The details you write down shortly after the accident can make a significant difference in building a strong case. Here are a few things to document: 

  • Date and time of the incident  
  • Location of the tailgate  
  • The specific type of accident that occurred  
  • Description of all the non-visible injuries  
  • Photos of the visible injuries  
  • Who was involved, and if there were any witnesses  
  • The company or the name of the individual who was giving out the alcohol  

Why Hire Fielding Law 

Party, tailgating accidents can turn a sharp turn south when alcohol is involved. These situations can be overwhelming and confusing, especially when there are unanswered questions about who is liable. At Fielding Law, we understand the emotional toll an accident can take on a person. Our priority is to carry the legal burden so you can fully focus on healing. We are here to support you. Reach out to us for your free consultation today to see if you have a claim.  

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

September 16, 2025
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two people exchanging insurance

What if the Other Driver Does Not Have Insurance?

By Car Accident

What If the Other Driver Does Not Have Insurance?

Getting into a car accident is stressful enough. But finding out the other driver does not have insurance? That adds another layer of frustration and confusion.

If this has happened to you, you are not alone. Many drivers in California and Arizona face this issue every day. Luckily, there are ways to protect yourself and still pursue compensation.

What Is Uninsured Motorist Coverage?

If the at-fault driver does not have insurance, your own uninsured motorist (UM) coverage can help. This is optional insurance in both California and Arizona, but it is highly recommended.

Uninsured motorist coverage can help pay for:

Even if the driver took off and you cannot identify them, UM coverage may still apply. That is called a hit-and-run—and it is more common than people realize.

What If You Do Not Have UM Coverage?

If you do not have uninsured motorist coverage, your options become more limited. You might be able to sue the at-fault driver personally, but that only works if they have assets or income to recover from—which is often not the case.

This is why having a compassionate and capable attorney matters. At Fielding Law, we can help explore every possible path forward. That includes checking for:

  • The driver’s employer’s liability (if they were working at the time)

  • A household policy that might apply

  • Any other negligent parties, such as vehicle manufacturers or road contractors

Why Hire Fielding Law

At Fielding Law, we understand how upsetting it can be to learn that the other driver has no insurance. We take the time to understand your case and explain your options clearly. Our team is not a massive firm with gimmicks—we are real people who care about results and relationships.

We handle every case with professionalism, kindness, and strategy—and you will always know where your case stands.

You Are Not Alone

If you were hurt in a crash and the other driver was uninsured, let us help. Call 833.88.SHARK or contact Fielding Law today for a free consultation. You deserve answers—and we will work hard to help you find them.

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

September 15, 2025
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OCTA bus on the road at night time

Did You Know OCTA Does Not Have UM/UIM for Riders?

By Bus Accident, Car Accident, Personal Injury

What Happens if You Are Injured on an OCTA Bus?

Passengers injured while riding an Orange County Transportation Authority (OCTA) bus are often surprised to learn that OCTA does not provide uninsured motorist (UM) or underinsured motorist (UIM) coverage. This becomes a serious issue when a negligent third-party driver causes a crash and lacks adequate insurance.

OCTA is a public transit agency that self-insures against liability, but that coverage only applies in limited situations—primarily when OCTA itself is responsible. It does not cover situations where a third-party driver is at fault and lacks insurance.

What This Means for You as an Injured Passenger

If you were injured in a bus crash and the at-fault driver had no insurance—or not enough—you may not be able to recover compensation through OCTA. You cannot file a UM/UIM claim through OCTA because that protection is not available to passengers.

You may feel stuck, but you still have options. Your recovery may depend on your own insurance policy, identifying all liable parties, and navigating strict rules for filing claims against government agencies. That is where legal experience can make a difference.

Your Options After an OCTA Passenger Accident

If you were injured as a passenger in a crash involving an OCTA bus, here is what you can do:

  • Review Your Own Auto Policy
    If you carry UM/UIM coverage, it may apply—even if you were not in your own vehicle. You could be covered as a named insured or a resident relative.

  • File a Claim Against the At-Fault Driver
    If the third-party driver had insurance, you can pursue a personal injury claim directly against their policy.

  • Investigate Fault by OCTA
    If the bus driver caused or contributed to the crash, or if there were safety failures (like poor maintenance), you may be able to file a claim against OCTA. These claims are time-sensitive and must follow strict procedures under California’s Government Claims Act.

  • Talk to an Attorney Immediately
    Without UM/UIM through OCTA, your path to compensation may be complex. Speaking with a lawyer can help you avoid delays, protect your rights, and identify every possible source of recovery.

Why Hire Fielding Law

When public transportation accidents happen, especially those involving UM/UIM gaps, the legal path is not always clear. At Fielding Law, we understand the frustration and confusion passengers experience after an OCTA accident. Our experienced team is ready to help you sort through your options and build a strategy that fits your case.

We treat every client with empathy and respect while delivering aggressive representation where it matters most.

You do not have to figure this out on your own. Call 833.88.SHARK or contact Fielding Law today.

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

September 11, 2025
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cluster of cars on a roadway after a crash

Who Is at Fault in a Chain-Reaction Crash?

By Car Accident

What Is a Chain-Reaction Accident?

A chain-reaction accident happens when three or more vehicles crash in a sequence, usually triggered by a single initial collision. These accidents are common on busy roads and freeways in California and Arizona, especially during stop-and-go traffic, bad weather, or distracted driving.

For example, one driver may rear-end another vehicle, pushing it into the car ahead—causing a domino effect of impacts. This often leaves victims confused about who is responsible and how to recover for their injuries or damaged property.

What Makes These Cases Complicated?

Unlike a two-car crash, a chain-reaction accident involves multiple drivers, varied speeds, and split-second timing. Because of this, determining fault requires close analysis of:

Fault is not always placed on just one driver. It is possible that multiple drivers contributed to the crash—for example, a distracted driver may have caused the first impact, but a speeding or tailgating driver behind may have made the situation worse.

What This Means for You

If you are injured in a chain-reaction accident, your situation may feel overwhelming. Insurance companies often shift blame or delay payment while they “investigate.” You may not even know which driver’s insurance should cover your losses.

You could be entitled to compensation for:

The key is getting a clear picture of who was negligent—and having a legal team that can fight for your rights.

Why Hire Fielding Law

At Fielding Law, we know how chaotic chain-reaction accidents can be. These cases demand detailed investigation, quick action, and a legal strategy tailored to your injuries and the facts of the crash.

We treat every client with care and compassion while providing strong legal representation throughout the process.

If you were injured in a chain-reaction accident, do not try to handle it alone. Call 833.88.SHARK or contact Fielding Law 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 10, 2025
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