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Desert road with a red truck on it with a sharp turn ahead road sign

Understanding Road Signs: A Guide for Drivers

By Bicycle Accident, Car Accident, E-Bikes and E-Scooters, Motorcycle Accident, Pedestrian Accident

Road signs are an essential part of every driver’s journey. They help keep us safe, informed, and aware of the rules of the road. While the general purpose of road signs remains the same across the United States, California and Arizona have specific road signs designed to address the unique conditions and needs of each state. Understanding these signs is crucial not only for safety but also for avoiding legal trouble.

Types of Road Signs in California and Arizona

Both California and Arizona follow federal guidelines for road signs, but you will find some distinctive signs in each state due to differences in traffic laws, weather conditions, and road infrastructure. Let’s break down ten common signs you will encounter in these states.

bike use full lane road sign

1. Bikes May Use Full Lane

This sign allows cyclists to take up the full lane, especially when it is too narrow or unsafe for them to ride at the edge. California, with its many bike-friendly cities like San Francisco and Los Angeles, often uses this sign to ensure that cyclists have the room they need to stay safe. Arizona, known for its beautiful desert roads, uses this sign as well to protect cyclists from being squeezed by larger vehicles.

Why It Matters:

  • Protects cyclists from being squeezed by cars and trucks.
  • Helps both drivers and cyclists understand their rights on the road.

watch for motorcycles road sign2. Watch for Motorcyclists

This sign reminds drivers to stay alert for motorcycles, which may be harder to see in traffic. Motorcycles are especially prevalent in California, where riders enjoy scenic routes along the Pacific Coast Highway, and Arizona, known for its popular routes like Route 66.

Why It Matters:

  • Raises awareness of the presence of motorcycles, ensuring safer driving for all.
  • Helps reduce accidents caused by drivers failing to notice bikers in traffic.

pedestrian crossing road sign

3. Pedestrian Crossing

Both California and Arizona feature Pedestrian Crossing signs to remind drivers to be cautious and yield to pedestrians at crosswalks. In urban areas like Los Angeles or Phoenix, these signs are especially important as more people walk due to traffic congestion.

Why It Matters:

  • Protects pedestrians by alerting drivers to slow down.
  • Promotes safer streets in busy cities with high foot traffic.

no bikes on sidewalk road sign4. No Bikes on Sidewalk

California and Arizona both utilize No Bikes on Sidewalk signs to protect pedestrians. Riding bikes on sidewalks can create dangerous situations where pedestrians and cyclists share space, particularly in crowded areas.

Why It Matters:

  • Protects pedestrians from bike accidents.
  • Encourages cyclists to use bike lanes or roads for a smoother, safer ride.

merge ahead road sign

5. Merge Ahead

One of the most common signs in both states, Merge Ahead, warns drivers that lanes will be merging. California’s heavy traffic and Arizona’s scenic routes make this sign a necessity, especially on highways and interstates.

Why It Matters:

  • Alerts drivers to prepare for lane changes.
  • Reduces accidents caused by sudden merging.

slippery when wet road sign6. Slippery When Wet

In California, especially in mountain regions, and Arizona, where sudden rainstorms can occur, the Slippery When Wet sign is essential for alerting drivers to hazardous road conditions. This sign is often posted on bridges, hills, and roads prone to slickness after rain.

Why It Matters:

  • Helps drivers adjust their speed and driving behavior in wet conditions.
  • Prevents accidents caused by slippery surfaces.

no u turn road sign

7. No U-Turn

While this sign may seem simple, it is essential for reducing dangerous traffic maneuvers, especially in busy urban areas. Both California and Arizona use No U-Turn signs to prevent drivers from turning around in restricted areas, such as intersections or highways.

Why It Matters:

  • Prevents accidents caused by drivers attempting illegal U-turns.
  • Maintains smoother traffic flow.

construction ahead road sign8. Construction Zone

Construction Zone signs are common throughout California and Arizona, particularly in growing urban areas and on highways undergoing repairs. These signs warn drivers to reduce speed and drive cautiously in areas with construction activity.

Why It Matters:

  • Protects construction workers and drivers.
  • Reduces accidents caused by speeding in work zones.

sharp turn ahead road sign9. Sharp Turn Ahead

California’s mountain highways and Arizona’s desert routes are often filled with sharp curves. The Sharp Turn Ahead sign gives drivers a heads-up to slow down and adjust their driving.

Why It Matters:

  • Helps drivers navigate tricky turns safely.
  • Prevents accidents in areas with poor visibility or sharp corners.

animal crossing road sign10. Animal Crossing

In both California and Arizona, you will find Animal Crossing signs, especially in rural and mountainous areas. These signs alert drivers to the potential for wildlife, such as deer or cattle, to cross the road.

Why It Matters:

  • Protects both wildlife and drivers.
  • Reduces accidents caused by collisions with animals on the road.

Why Road Signs Matter in California and Arizona

Ensuring Road Safety for All
Road signs are designed to protect not just drivers, but cyclists, pedestrians, and motorcyclists as well. In states like California and Arizona, where different types of vehicles share the road, these signs are critical for reducing accidents.

Legal Compliance
In both states, failing to comply with road signs can result in fines, traffic violations, or worse, accidents. Being aware of what each sign means ensures that you drive within the law and avoid costly mistakes.

Navigating Unique Road Conditions
From California’s coastal routes to Arizona’s desert highways, both states have unique driving conditions. Road signs help drivers navigate these conditions safely, from warnings about high winds to signs indicating the presence of wildlife.

Stay Safe, Stay Informed

Whether you are a resident or a visitor in California or Arizona, understanding road signs is essential for safe and responsible driving. Be sure to familiarize yourself with these and other signs to protect yourself, your passengers, and other road users. Always drive with caution and respect for the rules of the road.

If you are ever involved in an accident due to a misunderstanding or failing to adhere to road signs, reach out to Fielding Law for expert legal guidance. Our experienced team is here to ensure your rights are protected on the road.

Call 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.

An elderly couple in a convertible car

Elderly Drivers and Cognitive Health

By Car Accident, Catastrophic Injury, Wrongful Death

As people age, their ability to drive safely can be impacted by mild cognitive impairment (MCI) or other age-related changes. While many older adults can still drive safely, studies show that cognitive decline can increase risks on the road. According to the National Highway Traffic Safety Administration (NHTSA), drivers aged 65 and older were involved in 20% of all fatal traffic crashes in 2022. Understanding these risks is critical to keeping everyone safe.

How Cognitive Impairment Impacts Driving

Driving requires quick decision-making, focus, and coordination. Mild cognitive impairment can affect:

  • Reaction Time: Slower responses to traffic signals or sudden hazards.
  • Memory: Difficulty remembering routes or understanding road signs.
  • Judgment: Poor decisions in high-stress situations, such as merging or navigating intersections.

Recognizing these signs early can help families address potential dangers before accidents occur.

Testing and Awareness for Elderly Drivers

Recent studies suggest that routine testing for cognitive decline could be beneficial for elderly drivers. These tests may help identify those at higher risk of causing accidents. Recommendations include:

  • Regular screenings during Medicare visits.
  • Discussions between families and healthcare providers about driving safety.
  • Adjustments to driving habits, such as avoiding night driving or busy highways.

When an Accident Happens

Unfortunately, not all risks can be prevented. If an elderly driver causes or is involved in an accident, the consequences can be severe, including:

  • Injuries to pedestrians or other drivers.
  • Extensive medical bills and vehicle damage.
  • Emotional trauma for all parties involved.

Why Hire Fielding Law

At Fielding Law, we understand the complexities of accidents involving elderly drivers. Our experienced team is here to help you navigate the legal process with compassion and care. We work tirelessly to secure the compensation you deserve, whether for medical bills, lost wages, or emotional suffering.

If you or a loved one has been involved in an accident caused by or involving an elderly driver, call Fielding Law at 833.88.SHARK for a free consultation. Let us handle the legal side so you can focus on recovery.

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

Empty courtroom with multiple black chairs and wooden pews

How Can My Case Have Multiple Defendants?

By Car Accident, Personal Injury, Premises Liability, Product Liability

Understanding Multiple Defendants in a Case

When you file a personal injury claim, more than one party may be responsible for your injuries. In these cases, multiple defendants can be named in a lawsuit, each playing a role in the damages you have suffered. Understanding how this works can help you build a strong case and pursue fair compensation.

Situations Where Multiple Defendants May Apply

There are several situations where multiple defendants could be held accountable for your injuries. Identifying all liable parties ensures you receive the compensation you deserve.

Car Accidents Involving Multiple Parties

In a multi-car collision, more than one driver may share responsibility. For example, if one driver runs a red light while another is speeding, both could be liable for your injuries. Establishing fault requires a thorough investigation, including reviewing accident reports and witness statements.

Premises Liability Cases

If you suffer an injury at a business or on private property, multiple parties could be responsible. For example, a property owner and a third-party maintenance company might both contribute to hazardous conditions, such as an unmarked wet floor or faulty handrails.

Product Liability Claims

When defective products cause injuries, multiple defendants may include the manufacturer, distributor, and retailer. Each party involved in the supply chain could have played a role in producing or selling a dangerous product.

Workplace Injuries Involving Third Parties

Work-related injuries are not always the sole responsibility of an employer. If faulty equipment or negligence from a third-party contractor contributed to the injury, both the employer and the third party may be liable.

How Liability is Determined

Liability in cases with multiple defendants depends on comparative negligence or joint and several liability:

  • Comparative Negligence: Each party is assigned a percentage of fault, and damages are awarded based on these percentages.
  • Joint and Several Liability: One defendant may be required to pay the full amount of damages, even if others also share responsibility. The paying defendant can then seek reimbursement from the other liable parties.

Why Hire Fielding Law?

Handling a case with multiple defendants requires a skilled legal team. At Fielding Law, we thoroughly investigate every aspect of your case to hold all responsible parties accountable. Our team is dedicated to securing the compensation you deserve. Call us today at 833.88.SHARK to discuss your case.

If your case involves multiple defendants, knowing how liability is determined can help you understand your legal options. Seeking legal guidance from experienced attorneys can make a significant difference in achieving a successful outcome.

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

two people sitting in a car filling out an insurance claim

Pay for Insurance, Get Penalized for Using It

By Car Accident, Personal Injury

Insurance companies have mastered the art of convincing people they need insurance. Whether it is auto, home, health, or another form, the message is clear: You need this protection. Without it, you are exposed to risk. You are practically forced to get insurance for your car, house, and even your health, often at high monthly premiums.

But here is the kicker: once you actually need to use your insurance, you are told that filing an insurance claim could raise your rates. In essence, they take your money to protect you, but when you need them most, they warn you to back off. It is a frustrating and ridiculous situation that puts consumers in a tough spot.

The Insurance Trap: Protecting Profits, Not People

So, why do insurance companies do this? The answer is simple: profit. Insurance companies profit by collecting premiums and not paying out claims. The longer they can keep your money and avoid paying you, the better it is for their bottom line. This creates a system where people are afraid to file claims. They fear a rate increase, even though they have been paying for years.

This fear is not unwarranted. Insurance companies often raise premiums after you file a claim. Even legitimate claims lead to higher rates. This creates a culture of anxiety around the thing that was supposed to protect us—our insurance. You are penalized for using the service you pay for. This makes the entire process feel like a scam.

The Consequences of Avoiding Filling an Insurance Claim

At Fielding Law, we see clients hesitate to open claims because they fear an increase in premiums. This is where the insurance industry’s double standard shows its ugly side. People pay premiums for years, sometimes decades, only to find out the protection they were promised is not easily accessible.

Avoiding claims can lead to financial and physical consequences. If you do not open a claim after an accident or injury, you risk your health and finances. Medical bills pile up, and without proper compensation, you could end up paying for something that was never your fault.

The Bottom Line: Use Your Insurance, Do Not Let Them Gaslight You

At Fielding Law, we want you to know that you should use your insurance when you need it. You have already paid for that protection, and you deserve to be covered when something goes wrong. Do not let the insurance industry scare you into believing that using your benefits will result in outrageous rate hikes or worse. If your insurance company tries to penalize you for filing a claim, you have rights. We are here to fight for them.

Understanding Your Legal Rights in Insurance Claims

When it comes to insurance claims, both California and Arizona have laws in place to protect consumers from unfair rate hikes after filing a claim.

In California, Prop 103 and Insurance Code § 1861.02 provide important protections. Under Prop 103, insurance companies are prohibited from raising premiums due to the filing of a claim unless the claim is for a specific type of loss or risk. This helps prevent insurance companies from unfairly penalizing you just for using the coverage you’ve paid for.

In Arizona, the law under A.R.S. § 33-931 ensures that an insurance company cannot cancel or non-renew a policy, or increase premiums due to the filing of a claim in certain situations. This law is designed to protect policyholders from being punished for needing the protection they’ve been paying for.

Why Hire Fielding Law?

At Fielding Law, we help individuals who have been injured due to the negligence of others understand their legal rights after an injury. Whether you are dealing with mounting medical bills, missed work, or pressure from an insurance company, our attorneys are here to guide you. Do not hesitate to reach out if you feel you are being unfairly penalized for filing a claim. We will help you navigate the legal process and fight for the compensation you are entitled to.

Contact us at 833.88.SHARK and let us make sure you get the justice and compensation you are entitled to.

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

two cars in the middle of a street race

Injured in a Street Race?

By Car Accident, Pedestrian Accident, Personal Injury, Premises Liability, Public Entity, Wrongful Death

Street racing, though illegal, continues to pose significant risks to both participants and innocent bystanders. Injuries to spectators and pedestrians are common, and understanding your rights and potential avenues for compensation is crucial if you are affected by such incidents.

The Prevalence and Dangers of Street Racing

Street racing remains a growing concern due to its frequency and severe consequences. Between 2001 and 2008, street racing-related crashes killed over 1,000 individuals. Allen and Allen

The high speeds involved in these races significantly increase the likelihood of severe injuries or fatalities. This risk extends beyond racers to unsuspecting bystanders. Tario Law

Notable Cases Highlighting Bystander Vulnerability

Several incidents highlight the dangers faced by innocent bystanders:

Van Nuys, California (2024):

An innocent bystander was killed when a street racing crash caused a vehicle to slam into another car. The incident underscored the risks posed to pedestrians and drivers who are not involved in the race.

San Carlos, California (2022):

A high-speed race led to a crash that tragically killed two parents, leaving their twin 7-year-old daughters orphaned.

New Haven, Connecticut (2022):

A fatal street racing incident involving multiple vehicles led to several lawsuits against the city and property owners. These parties failed to implement adequate traffic-calming measures despite knowledge of ongoing illegal racing activities.

Legal Recourse for Injured Bystanders

If a street racing incident injures you as an innocent bystander, you may be entitled to compensation. The following parties could be liable:

Street Racers:

Both participants in the race may bear joint responsibility for the resulting injuries. Their illegal actions directly caused the harm.

Event Organizers:

If individuals or groups organized or promoted the race, they might share liability, especially if they encouraged spectators to gather.

Property Owners:

Property owners where races often occur could face liability if they failed to take reasonable steps to prevent such activities. This is especially true if they allowed or encouraged spectators to be present.

Government Entities:

Municipalities aware of recurring illegal street racing without implementing adequate safety measures may be considered negligent, increasing the risk to bystanders.

Steps to Take Following an Injury

If you find yourself injured as a bystander in a street racing incident, take these steps:

  1. Seek Immediate Medical Attention: Prompt treatment helps document your injuries and is essential for your health.

  2. Report the Incident: Notify law enforcement so they can document the scene and investigate the incident.

  3. Collect Evidence: Gather witness statements, photographs, and any other evidence to support your account of the incident.

  4. Consult Legal Counsel: A personal injury attorney experienced in street racing cases can guide you through the process, help identify responsible parties, and advocate for your compensation.

How Fielding Law Can Help

If a street racing incident has injured you as an innocent bystander, you need an experienced personal injury attorney. Fielding Law specializes in holding reckless individuals and entities accountable for their actions. We understand the complexities of street racing accidents and the various parties that may be liable.

Our team will investigate your case, gather evidence, and work with experts to build a strong case on your behalf. We will fight for your right to compensation for medical bills, lost wages, pain and suffering, and any other expenses caused by the accident.

When you choose Fielding Law, you can rest assured that we are committed to securing the justice and compensation you deserve. Contact Fielding Law at 833.88.SHARK today to discuss your case and begin your recovery process.

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

delivery driver getting out of van holding a package

What Happens If a Delivery Driver Hits You?

By Car Accident, Rideshare Accident

What Happens If a Delivery Driver Hits You?

Delivery drivers from companies like Amazon, Uber Eats, and DoorDash are constantly on the road, making fast deliveries to meet customer demands. Unfortunately, this increase in traffic also leads to a higher risk of accidents. If you have been hit by a delivery driver, you may be wondering who is liable and how you can seek compensation.

Who Is Responsible If a Delivery Driver Hits Me?

Liability in a delivery driver accident depends on several factors, including the driver’s employment status and whether they were on duty at the time of the crash. In many cases, liability could fall on:

  • The delivery driver – If the driver was negligent, such as running a red light or speeding, they could be personally liable.
  • The delivery company – Some companies provide insurance coverage for their drivers while they are working.
  • A third party – If another driver or hazardous road conditions contributed to the crash, liability may be shared.

Does Amazon Cover Accidents Caused by Its Delivery Drivers?

Amazon has different types of drivers, which impacts liability:

  • Amazon Flex Drivers – These drivers are considered independent contractors and use their own vehicles. Amazon provides liability coverage when they are actively making deliveries.
  • Amazon DSP (Delivery Service Partner) Drivers – These drivers work for third-party companies that contract with Amazon. In these cases, the DSP company may be responsible for the accident.

If an Amazon driver was off the clock at the time of the accident, their personal auto insurance would likely apply.

What If an Uber Eats or DoorDash Driver Hits Me?

Food delivery drivers for Uber Eats and DoorDash use their personal vehicles, but both companies offer insurance coverage in certain situations:

  • Waiting for an Order: The driver’s personal insurance applies unless they have a special rideshare or delivery insurance policy.
  • En Route to Pick Up or Deliver Food: The company’s liability insurance may provide coverage, typically up to $1 million in damages.

If the delivery driver was off-duty, only their personal insurance would apply.

What Damages Can I Recover After a Delivery Driver Accident?

If a delivery driver caused your accident, you may be entitled to compensation for:

The amount of compensation will depend on the severity of your injuries and the insurance policies involved.

Why Hire Fielding Law?

At Fielding Law, we understand the complexities of delivery driver accidents. Determining liability can be challenging, especially when large companies like Amazon, Uber Eats, and DoorDash are involved. Our team is dedicated to helping you seek the compensation you deserve.

If you have been injured in a delivery driver accident, contact Fielding Law at 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.

female minor driving a car

What Happens When a Minor Causes an Accident?

By Car Accident

Understanding Liability When a Minor Causes an Accident

Being involved in an accident is already stressful, but when the at-fault driver is a minor, it can add an extra layer of complexity. Minors are not always held fully responsible for their actions under the law, and liability often extends to their parents or legal guardians. If you were hit by a minor, understanding your legal options is essential.

Holding Parents Accountable

Many states have parental responsibility laws that allow accident victims to seek compensation from the parents or guardians of a minor who caused an accident. These laws typically cover cases where a minor’s negligence results in property damage or personal injury.

  • In California, parents can be held liable for damages caused by a minor’s willful misconduct, including car accidents.
  • In Arizona, parental responsibility laws extend to damages caused by a minor’s negligence in motor vehicle incidents.
  • While these laws may limit how much parents are required to pay, they do not eliminate their responsibility entirely.

Insurance Coverage Options

If you were hit by a minor, insurance coverage plays a key role in determining compensation. Several factors influence how a claim may proceed:

  1. Auto Insurance Policies – If the minor was driving a parent’s insured vehicle, the parent’s auto insurance policy will generally cover damages. However, if the minor was driving without permission or using an uninsured vehicle, coverage may be limited or denied.
  2. Homeowners’ Insurance – If the accident involved a minor on a bicycle or another non-motorized vehicle, the parents’ homeowners’ insurance policy may provide some coverage.
  3. Umbrella Policies – Some families carry umbrella insurance, which offers additional liability coverage beyond standard auto and homeowners’ policies.

Can You Sue a Minor Directly?

In most cases, minors cannot be held personally liable for accidents. Instead, legal action is typically directed at their parents or guardians. However, if the minor was engaging in reckless or illegal behavior, a court may hold them directly responsible.

Steps to Take If You Were Hit by a Minor

If you were injured in an accident caused by a minor, follow these steps to protect your rights:

  1. Call the Authorities – Report the accident to law enforcement and ensure a police report is filed.
  2. Gather Evidence – Take photos of the scene, document any injuries, and collect witness statements if possible.
  3. Seek Medical Attention – Even if you feel fine, some injuries take time to appear. A medical evaluation can help document your condition.
  4. Contact an Attorney – Dealing with insurance companies and parental liability laws can be complicated. Fielding Law can help ensure you receive the compensation you deserve.

Why Hire Fielding Law?

At Fielding Law, we specialize in handling complex liability cases, including those involving minors. Our compassionate and skilled legal team is dedicated to helping accident victims recover the compensation they need. If you were hit by a minor and have questions about your legal options, contact us today at 833.88.SHARK for a free consultation.

Understanding your rights after an accident involving a minor can make all the difference in securing a fair outcome. Let Fielding Law guide you through the process.

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

Two people loading a large object into a van for safe transport

How to Safely Move Oversized Items

By Car Accident, Premises Liability, Truck Accident

Picture this: You find the perfect couch for your living room, but there is just one small problem. It is twice the size of your car. Many people face this challenge, leading to some questionable transport attempts. We have all seen it, whether we realized it or not. From strapping a mattress to a sedan to wedging a refrigerator into a trunk, people often think it is a quick fix. Unfortunately, this can lead to unsafe loading, property damage, or costly fines.

The safe transport of large objects requires more than just rope and hope. By using the right equipment and following legal guidelines, you can ensure a smooth and secure move.

Know the Legal Requirements

Transporting an oversized load involves more than logistics. It is also about following the law and keeping the road safe.

  • Do not push the limits. Exceeding legal weight or size restrictions can make you liable if an accident occurs.
  • Stay aware of your surroundings. Loads that shift or obstruct your view put you and others in danger on the road.
  • Use proper safety markers. When an item extends past your car’s edges, you are legally required to display red flags or warning signs.

Being proactive and understanding these rules can reduce risks and make the journey safer for everyone.

Use Proper Equipment for Safe Transport

A sudden stop or sharp turn can cause an unsecured load to slide, tip, or fall. The right equipment helps keep everything in place and prevents road hazards.

  • Pick a sturdy transport method. Roof racks, trailers, and truck beds provide better support for oversized loads.
  • Fasten everything tightly. Tie-down straps, ratchet straps, and bungee cords keep items secure, even on bumpy roads.
  • Use extra protection. Blankets or padding prevent fragile items from breaking or shifting.
  • Do not overload. Exceeding weight limits can make a car harder to control, increasing the risk of accidents.

Consider Professional Assistance

When in doubt, call the pros. Sometimes, the safest choice is leaving oversized transport to professionals. Experts know how to secure and move large items without unnecessary risks.

  • Moving companies specialize in heavy lifting, reducing the chance of damage or injury.
  • Renting a larger vehicle can be more cost-effective than squeezing a large item into a small car.
  • Retailers often provide delivery services, making transportation easier and safer.
  • Professionals ensure compliance with transport laws, preventing legal and financial consequences.

Prioritize Safety with Fielding Law

Do not let a DIY move turn into a legal battle. Strapping a couch to the roof with a few bungee cords might seem like a smart shortcut, but it could lead to serious consequences. Safe transport of large objects requires planning, the right equipment, and attention to the law.

However, if you or a loved one are injured due to someone else’s failure to secure a load properly, legal help is always available. Our team at Fielding Law is committed to helping you navigate the emotional and legal challenges after an accident. Contact us at 833.88.SHARK for a free, no-obligation consultation. We are here to help you every step of the way.

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

A woman sitting on a chair. Showing emotional distress. She has her hands covering her face and another woman sitting next to her consoling her.

How Can I Recover for Emotional Distress Claims?

By Car Accident, Catastrophic Injury, Dog / Animal Bite, Personal Injury, Slip or Trip and Fall, Spinal Cord Injury, Wrongful Death

Life can change in an instant. The emotional impact of an accident or traumatic event can last far longer than physical injuries. At Fielding Law, we understand the pain you are feeling. If you are considering emotional distress claims, it is important to know what steps you need to take. We are here to help you through this process with care and confidence.

What is Emotional Distress?

Emotional distress is mental suffering caused by someone else’s careless or harmful actions. Many different situations can lead to emotional distress, including:

Emotional distress may show up as anxiety, depression, or post-traumatic stress. These feelings are real and valid, and the law may allow you to seek compensation.

What You Need to Prove

To file an emotional distress claim, there are key things you must show. This process may feel stressful, but the right legal support can make it easier.

Here is what is often required:

  1. Negligent or intentional conduct
    You must show that another person acted in a way that caused you harm.

  2. Severe emotional suffering
    Your emotional pain must be serious. It must affect your daily life in a major way.

  3. Medical evidence
    Support from a doctor, therapist, or counselor can help prove your emotional suffering.

  4. Clear connection to the event
    You need to show that the distress is directly related to the harmful event.

Gathering these details can take time, but you do not have to do it alone. With the right guidance, emotional distress claims can give you the support you need to begin healing.

Can You Claim Emotional Distress as a Personal Injury Victim?

Yes, as a personal injury victim, you may file an emotional distress claim even if you do not have a physical injury. While emotional distress is often linked to physical harm, it is not required to file a claim in personal injury cases.

For example, if you have been in an accident and experienced significant emotional suffering, such as anxiety, depression, or post-traumatic stress, you may be eligible to claim emotional distress. This could apply even if your injuries are not visible or physically debilitating.

However, proving emotional distress in a personal injury case can be challenging. You will need to demonstrate the severity of your emotional suffering and show how it impacts your daily life. Medical evidence from a therapist or counselor will often be necessary to support your claim. The defendant’s actions, such as negligence or intentional harm, will also be an important factor in determining the validity of your claim.

While emotional distress claims are more subjective than physical injury claims, they are still an essential part of seeking justice as a personal injury victim. With the right support from Fielding Law, you can effectively pursue compensation for your suffering.

Is it Hard to Recover for Emotional Distress?

Recovering for emotional distress can be more difficult than for physical injuries. The reason for this is that emotional suffering is not always visible. Unlike physical injuries, emotional distress does not have clear, tangible evidence like broken bones or scars.

Because emotional distress is subjective, proving the extent of your suffering can be challenging. You must show that your emotional pain is severe enough to warrant compensation. This often involves providing medical records and testimony from mental health professionals.

In some cases, the defendant or their insurance company may argue that your distress is not as severe as you claim or that it is unrelated to the event. This makes the process of recovering for emotional distress more complicated. However, with the support of an experienced attorney like Fielding Law, you will have a better chance of presenting a strong case.

When to Contact Fielding Law

Speaking with an attorney early on is important. The sooner you contact Fielding Law, the sooner we can protect your rights. We can help gather the evidence, handle communication with insurance companies, and build your case with care.

At Fielding Law, we do more than just handle your case. We listen to your story and provide the support you need during difficult times. Our team is experienced, kind, and ready to fight for the justice you deserve. Call 833.88.SHARK today for a free consultation.

Emotional distress claims are complex, but you should not have to face them alone. Let us help you take the next step forward.

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

Man sitting in car in front of steering wheel holding his phone

Safe Driving Habits: A Refresher for Seasoned Drivers

By Car Accident, Catastrophic Injury, Personal Injury, RV Accident, Truck Accident, Wrongful Death

Even the most seasoned drivers can fall into bad habits, forgetting the essential techniques learned in drivers training. Over time, small lapses in driving behavior can lead to accidents or dangerous situations. Revisiting the basics of safe driving habits can help you stay protected on California’s busy and often unpredictable roads.

According to the California Office of Traffic Safety (OTS), there were over 187,000 injury collisions in 2022, and California remains one of the states with the highest number of car accidents. Many of these accidents are caused by distracted driving, speeding, or unsafe lane changes — all of which can be avoided by brushing up on safe driving practices.

Here is a reminder of some key habits you may need to revisit.

Commonly Forgotten Safe Driving Habits

  1. Use Your Turn Signals Early
    Many drivers signal too late or forget to signal altogether. This practice can cause accidents by not giving other drivers enough notice. Always signal at least 100 feet before turning or changing lanes.
  2. Follow the 3-Second Rule
    Keeping a safe distance between your vehicle and the one in front of you is crucial to prevent rear-end collisions. The 3-second rule helps you maintain a safe following distance: choose a landmark and ensure three seconds pass before your car reaches it after the car in front of you.
  3. Check Your Blind Spots
    While blind-spot monitoring systems are helpful, they are not foolproof. Always physically turn to check your blind spots, especially in California’s dense traffic conditions, where lanes are often shared by motorcycles and fast-moving vehicles.
  4. Keep Both Hands on the Wheel
    As we get more comfortable driving, it is easy to steer with one hand. However, maintaining control of the vehicle requires two hands on the wheel in the proper position — at “9 and 3” or “8 and 4” o’clock.
  5. Be Mindful of Speed Limits
    Speeding is one of the leading causes of accidents in California. In fact, speeding was a factor in 26% of all traffic fatalities nationwide in 2021, according to the National Highway Traffic Safety Administration (NHTSA). Always stick to posted speed limits, especially in residential areas or school zones, where pedestrians and cyclists may be present.

The Impact of Bad Habits on Accident Rates in California

Statistics show that accidents increase when drivers neglect these essential habits. According to the California Highway Patrol (CHP), there were over 3,500 fatalities from traffic accidents in 2021, a significant portion caused by preventable behaviors such as distracted driving or failing to yield.

  • Speeding accounts for around 37% of all fatal crashes.
  • Distracted driving is responsible for 9% of injury collisions in the state.
  • Unsafe lane changes cause thousands of accidents each year, contributing to California’s high traffic accident rate.

By refreshing your knowledge of safe driving habits, you can reduce your chances of becoming part of these troubling statistics.

Protect Yourself with Safe Driving Habits

Maintaining awareness of your driving behavior is key to keeping yourself and others safe on the road. Here are a few additional tips:

  • Avoid distractions: Keep your focus on the road, avoid phone use, and limit multitasking while driving.
  • Be aware of pedestrians: Especially in urban areas, always scan for pedestrians and cyclists, even when you have the right of way.
  • Watch your speed in changing conditions: Rain, fog, and heavy traffic can quickly create dangerous driving environments, so slow down when necessary.

Why Hire Fielding Law?

At Fielding Law, we know that even the most cautious drivers can find themselves in an accident due to another’s negligence. If you are injured in an accident, navigating the legal process on your own can feel overwhelming. Our experienced team will ensure that your rights are protected, and we will fight to get you the compensation you deserve. Contact Fielding Law today at 833.88.SHARK for a free consultation, and let us handle the details while you focus on recovery.

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

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