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Understanding Negligence in Injury Claims

By Assault, Bicycle Accident, Boating Accident, Brain Injury (TBI), Burn Injury, Car Accident, Catastrophic Injury, Dog / Animal Bite, E-Bikes and E-Scooters, Motorcycle Accident, Pedestrian Accident, Personal Injury, Personal Watercraft (PWC) Accident, Premises Liability, Product Liability, Public Entity, Rideshare Accident, RV Accident, Skate & Skateboarding Accident, Ski & Snowboard Accident, Slip or Trip and Fall, Spinal Cord Injury, Train Accident, Truck Accident, Wrongful Death

Negligence is a key factor in personal injury cases. Proving negligence determines whether a victim can receive compensation for their injuries. This guide explains how negligence works, how insurance companies and defendants may try to reduce their liability, and how evidence can strengthen your claim.

What Is Negligence?

Negligence occurs when someone fails to act with reasonable care, causing harm to another person. To prove negligence, you must demonstrate these elements:

  1. Duty of Care: The defendant owed a duty to act responsibly.
  2. Breach of Duty: The defendant failed to meet that responsibility.
  3. Causation: The breach directly caused the injury.
  4. Damages: The injury resulted in measurable losses, such as medical bills or lost income.

How Insurance Companies Minimize Negligence

Insurance companies often try to reduce their client’s responsibility to pay less compensation. They may:

  • Claim the victim contributed to the accident: This is known as comparative liability. In states that follow comparative negligence rules, the compensation you receive could be reduced by the percentage of fault attributed to you. For example, if you are found 20% at fault, your compensation may be reduced by 20%.
  • Downplay the severity of the injuries.
  • Question the credibility of evidence or witnesses.

A skilled attorney counters these tactics by gathering strong evidence and presenting a compelling case.

How Defendants Avoid Responsibility

Defendants may use similar strategies to avoid accountability. Common defenses include:

  • Arguing they acted reasonably under the circumstances.
  • Shifting blame to the victim or a third party.
  • Denying the connection between their actions and the injury.

Your legal team can challenge these arguments to hold the responsible party accountable.

How Evidence Strengthens Your Claim

Strong evidence proves negligence and ensures fair compensation. Helpful evidence includes:

Each piece of evidence builds a stronger case, making it harder for insurers or defendants to dispute their liability.

Why Choose Fielding Law?

At Fielding Law, we understand the challenges victims face when dealing with negligence claims. Our experienced team fights for your rights with ethical and effective representation. We carefully gather evidence, counter insurance tactics, and guide you through every step of your case. Call 833.88.SHARK today to schedule your free consultation.

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

February 3, 2025
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Bald man grabbing the back of his head from whiplash

7 Whiplash Questions Answered

By Brain Injury (TBI), Car Accident, Catastrophic Injury, Personal Injury, Spinal Cord Injury

If you experienced a car accident or a similar incident, you might be dealing with whiplash. This injury frequently results from collisions. Below, we answer some of the most common whiplash questions to help you understand your rights and recovery options.

1. What Is Whiplash?

Whiplash happens when the neck moves rapidly back and forth, often from rear-end car accidents or sports injuries. This sudden motion strains the neck’s muscles and ligaments.

2. What Are the Symptoms of Whiplash?

Common symptoms of whiplash include:

  • Neck pain and stiffness
  • Headaches starting at the base of the skull
  • Shoulder or upper back discomfort
  • Dizziness or fatigue
  • Limited neck mobility

Seek medical care immediately if you notice these symptoms after an accident.

3. How Is Whiplash Treated?

Treatment for whiplash focuses on recovery and symptom relief. Common treatments include:

  • Rest and physical therapy
  • Pain relief through medication
  • Heat or ice packs to reduce swelling
  • Neck exercises to regain movement

Starting treatment early helps speed up recovery and reduces the risk of chronic pain.

4. Can Whiplash Cause Long-Term Problems?

In some cases, untreated or severe whiplash can lead to chronic pain, stiffness, or mobility issues. Addressing the injury with proper care lowers the chance of long-term complications.

5. How Can I Prove Whiplash in a Claim?

You can prove whiplash by documenting your injury and accident details:

  • Get medical records that confirm the diagnosis.
  • Take photos of visible injuries.
  • Collect witness statements and accident reports.

Strong evidence supports your claim and strengthens your case for compensation.

6. Can You Get Compensation for Whiplash?

Yes, if someone else’s negligence caused your injury, you could receive compensation. Damages often include:

  • Medical costs
  • Lost wages
  • Pain and suffering

An experienced attorney can guide you through the process and ensure fair compensation.

7. What Steps Should I Take After a Whiplash Injury?

  1. Visit a doctor immediately, even for minor symptoms.
  2. Document your injuries with photos and medical records.
  3. Gather evidence, such as accident scene photos and witness information.
  4. Contact Fielding Law for trusted legal advice.

Taking these actions helps you recover and protects your case.

Why Choose Fielding Law?

At Fielding Law, we prioritize our clients’ well-being with ethical and effective representation. Our knowledgeable team will guide you through each step with care and expertise. We know how overwhelming whiplash questions and injuries can feel, and we are here to help you pursue the compensation you deserve. Call 833.88.SHARK today to schedule your free consultation.

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

January 31, 2025
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Solo car on a dar empty highway

After a Solo Car Collision Can You Recover Damages?

By Car Accident

A solo car collision can be a frightening and overwhelming experience. When you are involved in an accident where only your vehicle is impacted, you may wonder if you can still recover damages. The good news is that, under certain circumstances, you can seek compensation to cover your injuries and losses—even without another driver being involved.

Common Situations Where You May Be Able to Recover Damages

1. Dangerous Road Conditions

If your accident was caused by unsafe or poorly maintained roads, you may be able to pursue a claim against the government or municipality responsible. Road hazards that could lead to a solo collision include:

  • Potholes
  • Improper signage
  • Lack of guardrails
  • Road debris
2. Vehicle Defects

In some cases, a malfunction in your vehicle could have led to the accident. If a defect such as faulty brakes or tire blowouts caused the crash, you might be able to file a product liability claim against the manufacturer.

3. Weather-Related Crashes

Bad weather can lead to slippery or hazardous driving conditions. While the weather itself is not a party you can sue, if a responsible party failed to maintain the roads, you may still have options. You may also be able to recover damages through your own insurance.

4. Animal Collisions

Striking an animal, especially a large one, can cause significant damage to your vehicle and put your safety at risk. Some insurance policies cover damages caused by collisions with animals. Be sure to check your policy or consult with an attorney.

Steps to Take After a Solo Car Collision

After any accident, your first priority is your safety. Here are the steps you should follow after a solo vehicle accident:

  • Move to a safe location, if possible.
  • Call emergency services to report the accident.
  • Document the scene by taking photos and writing down details.
  • Seek medical attention, even if you feel fine at first.

It is essential to gather evidence and file a report, as this can help you when making a claim for damages.

Why Choose Fielding Law?

Navigating the aftermath of a solo car collision can feel overwhelming, especially if you are unsure whether you can recover damages. At Fielding Law, we take pride in offering compassionate, skilled representation for every client. With a proven track record of success, our caring and empathetic team will review your case, fight for your rights, and ensure you receive the compensation you deserve. Whether dealing with insurance companies or pursuing legal claims, Fielding Law is here to guide you every step of the way. Contact us today at 833.88.SHARK to learn how we can help you recover damages after a solo car collision.

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

January 30, 2025
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Volvo S90 equipped with ADAS Technology

ADAS Technology on the Road: Are We Safer?

By Car Accident, Catastrophic Injury, Wrongful Death

The rise of Advanced Driver Assistance Systems (ADAS) is changing how we think about road safety. Technologies like automatic emergency braking, lane departure warnings, and adaptive cruise control are becoming standard in many vehicles. These systems aim to assist drivers in avoiding potential hazards, which can potentially reduce accident rates. However, are these advancements genuinely making our roads safer, or could they lead to new challenges?

What Are ADAS?

ADAS includes various features designed to enhance driving safety. Here are some key components:

  • Automatic Emergency Braking: This system detects an impending collision and applies the brakes if necessary.
  • Lane Departure Warnings: These alerts notify drivers when they drift out of their lanes unintentionally.
  • Adaptive Cruise Control: This technology adjusts your vehicle’s speed based on surrounding traffic conditions.

These features help reduce human error, a leading cause of accidents.

Are ADAS Systems Effective?

Research shows that ADAS can help decrease accidents. According to the Insurance Institute for Highway Safety (IIHS), vehicles equipped with automatic emergency braking experience a 50% reduction in rear-end crashes. Additionally, the National Highway Traffic Safety Administration (NHTSA) estimates that lane departure warning systems could prevent thousands of accidents each year.

However, effectiveness can vary based on how drivers engage with these technologies. Some drivers may develop a false sense of security, leading to riskier behavior, such as distracted driving. This complacency can result in accidents, undermining the intended safety benefits of ADAS.

Could ADAS Cause More Accidents?

While ADAS technology aims to improve safety, there are concerns that these technologies could lead to more accidents. A report from the AAA Foundation for Traffic Safety indicates that drivers might take greater risks, believing that their vehicles will always protect them. As more ADAS-equipped vehicles populate the roads, the potential for system failures could increase, leading to accidents caused by technology malfunctions.

The Role of Manufacturers and Regulations

Manufacturers must ensure the reliability of ADAS technologies. Rigorous testing and quality control are crucial as these systems become standard. Regulatory agencies should establish guidelines for implementation and maintenance to safeguard users.

Why Choose Fielding Law?

At Fielding Law, we prioritize your well-being and aim to improve the lives of every client through ethical and efficient legal representation. Our experienced team is dedicated to navigating the complexities of personal injury law. If you have been injured due to an accident involving an ADAS-equipped vehicle, you can trust that we will provide compassionate and capable support. We understand the challenges you face, and we are here to help you receive the compensation you deserve.

If you or someone you know has been involved in an accident involving a vehicle equipped with ADAS technology, understanding your legal rights is essential. Contact Fielding Law at 833.88.SHARK for expert legal assistance.

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

January 29, 2025
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Jared of Fielding Law giving a free consultation

What is the Catch? Why Free Consultation?

By Assault, Bicycle Accident, Boating Accident, Brain Injury (TBI), Burn Injury, Car Accident, Catastrophic Injury, Dog / Animal Bite, E-Bikes and E-Scooters, Motorcycle Accident, Pedestrian Accident, Personal Injury, Personal Watercraft (PWC) Accident, Premises Liability, Product Liability, Public Entity, Rideshare Accident, RV Accident, Skate & Skateboarding Accident, Ski & Snowboard Accident, Slip or Trip and Fall, Spinal Cord Injury, Train Accident, Truck Accident, Wrongful Death

When searching for legal help after an injury, you may notice that many law firms offer a free consultation for personal injury claims. You might wonder, “What is the catch?” or “Why are they offering something for free?” In reality, free consultations are a way for law firms to show their commitment to helping injured individuals without adding to their financial burden. It is also an opportunity for you to assess your case and the legal team without any risk or obligation.

Why Do Law Firms Offer Free Consultations?

There are several reasons why law firms, including Fielding Law, offer free consultations to potential clients:

  1. Understanding Your Case
    A free consultation allows the attorney to evaluate the basics of your case. They will review your injuries, the circumstances surrounding the accident, and the potential for legal action. This initial meeting helps both you and the attorney determine if it makes sense to move forward.
  2. Access to Justice
    Personal injury cases often involve individuals who are already facing financial stress due to medical bills, lost wages, and property damage. By offering a free consultation, law firms remove the financial barrier that may prevent someone from seeking legal help.
  3. No Risk to You
    The main benefits of a free consultation for personal injury claims is that it comes with no strings attached. You are not obligated to hire the attorney after the consultation. It gives you a chance to ask questions, understand your legal options, and decide if you feel comfortable with the law firm.
  4. Contingency Fee: No Win, No Fee
    Many individuals hesitate to pursue legal action because they fear how much it will cost. At Fielding Law, we work on a contingency fee basis, which means you pay nothing upfront. We only get paid if we win your case, making it risk-free for you to pursue the compensation you deserve.

What Happens During a Free Consultation?

During your consultation, the attorney will ask you about the details of your accident or injury. You should be prepared to provide information about the accident, any injuries you sustained, medical treatment you have received, and any communication you have had with insurance companies. The attorney will use this information to provide guidance on your legal options and the potential value of your case.

In this meeting, you will also have the opportunity to ask questions, such as:

  • How long will my case take?
  • What are the chances of success?
  • What will the legal process involve?
  • How does the firm charge for their services?

Why Hire Fielding Law?

At Fielding Law, we offer free consultations because we are committed to providing compassionate and expert legal help to those who need it most. We understand that dealing with an injury can be overwhelming, and we want to help you explore your options without any upfront costs. Our team is dedicated to fighting for your rights and ensuring you receive fair compensation. With our contingency fee structure, you can move forward confidently, knowing you do not owe us anything unless we win your case.

If you have been injured due to someone else’s negligence, do not hesitate to contact Fielding Law at 833.88.SHARK. Our free consultation is your opportunity to learn about your case and how we can help, with no obligation to proceed.

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

January 22, 2025
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Insurance policy paper on a table with money a toy car and magnifying glass

Injured by a No-Fault Insurance Driver?

By Car Accident, Personal Injury

Car accidents can be overwhelming, especially if the other driver is insured under a no-fault policy. Understanding how no-fault insurance works is crucial to determine whether it will affect your ability to recover damages.

What Is No-Fault Insurance?

No-fault insurance means that after a car accident, each driver’s insurance pays for their own medical expenses and lost wages, regardless of who caused the accident. This system aims to streamline claims and reduce legal battles.

States With No-Fault Insurance

Not all states follow the no-fault system. Currently, no-fault insurance is mandatory in the following states:

  • Florida
  • Michigan
  • New York
  • Pennsylvania
  • Hawaii
  • Kansas
  • Kentucky
  • Massachusetts
  • Minnesota
  • North Dakota
  • Utah

In these states, your recovery options may be limited unless your injuries meet certain thresholds.

California and Arizona: Not No-Fault States

California and Arizona follow a fault-based system, which means the at-fault driver’s insurance is responsible for covering your damages. However, complications arise when a driver from a no-fault state is involved in an accident in California or Arizona.

Example: California Driver Hit by a No-Fault Insured Driver

Imagine a California driver is hit by a Florida driver carrying no-fault insurance while visiting Los Angeles. In this case, the Florida driver’s no-fault insurance policy will likely cover their own expenses. However, the California driver can still file a claim against the Florida driver’s liability insurance for damages such as medical bills, property damage, and pain and suffering.

How No-Fault Insurance Affects Your Recovery

If you are injured by a driver insured under a no-fault policy, your recovery may depend on several factors:

  • The laws of the state where the accident occurred.
  • Whether the at-fault driver carries additional liability insurance.
  • The severity of your injuries and the costs involved.

Why Hire Fielding Law?

Dealing with insurance claims and no-fault policies can be complex, but you do not have to navigate this alone. Fielding Law is experienced in handling car accident cases and understands the intricacies of insurance laws. We will fight to ensure you receive fair compensation for your injuries and losses.

Call 833.88.SHARK for a free, no-obligation consultation today.

Protect Your Rights After an Accident

If you have been injured in a car accident, it is essential to know your rights and options. Stay informed and work with a legal team that has your best interests at heart. Fielding Law is 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.

January 20, 2025
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Holiday tree lit up on a street at night

Avoiding Holiday Hazards: Viewing Christmas Lights 

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

The holiday season brings joy, wonder, and dazzling light displays. While it can be a magical experience, the activity has potential risks that could result in injuries. Hazards such as slippery sidewalks, poorly lit paths, quick-moving light displays, or pedestrian accidents can result in unfortunate accidents. Avoiding holiday hazards can help reduce the risk of injury while enjoying the festivities.

Slip-and-Fall Accidents at Christmas Light Displays

Slip-and-fall accidents are common at Christmas light displays during the winter season. Wet, icy, or uneven sidewalks can create serious hazards for visitors, increasing the likelihood of falls and injuries. Property owners and event organizers have a responsibility to maintain their premises, but some fail to address these risks adequately.

Not enough lighting adds another layer of danger. Dimly lit areas make it difficult to spot loose pavement, uneven steps, or other obstacles. While the experience might be exciting, temporary structures like light tunnels, walkways, or seasonal displays may not be installed properly and lack the stability required for safety. 

Vehicle and Pedestrian Accidents in Crowded Areas

Holiday light displays attract large crowds, leading to congested streets and sidewalks. This creates significant risks for both pedestrians and drivers. Distracted drivers, busy by the dazzling lights, may fail to notice pedestrians or other vehicles crossing. The lack of attention can lead to serious accidents.

Additionally, poorly managed parking areas can force pedestrians to navigate through traffic or crowded spaces, further increasing the potential for injury. The absence of proper traffic control can create confusion and frustration for drivers and pedestrians. With so many factors at play, it is crucial to remain alert and avoid holiday hazards during these events. 

Preventing Holiday Injuries While Viewing Lights

Take a moment to review the following safety measures to help prevent accidents and ensure you have a magical holiday outing.

  1. Wear Proper Footwear: Choose shoes with good traction to reduce the risk of slipping on wet or uneven surfaces. 
  2. Stay Alert in Crowds: Watch your surroundings, particularly in crowded areas, to avoid collisions and falls.
  3. Use Appropriate Lighting: Bring a flashlight or use your phone’s light to navigate poorly lit areas safely. 
  4. Drive Cautiously: Pay attention to the road when driving through light displays, and encourage your passengers to stay focused as well, to avoid accidents caused by distractions.  

Guiding You Through the Aftermath of a Holiday Injury

The beauty of Christmas lights should not come with the burden of injury. By taking precautions, you can reduce the risk of accidents.
 
At Fielding Law, we understand the challenges of recovering after an injury. Our experienced personal injury team is here to help you navigate the process with care and confidence. We offer a 24/7 free consultation and can be reached at 833.88.SHARK. Let us help you focus on what truly matters—celebrating the season with peace of mind by avoiding holiday hazards. Happy holidays, and stay safe!

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

January 17, 2025
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Waymo Autonomous Vehicle

Waymo Autonomous Vehicle Accidents: Are They Ready for Real-World Driving?

By Car Accident, Personal Injury

Waymo’s autonomous vehicles promise to revolutionize road safety, but are they truly prepared for real-world driving? Understanding Waymo’s technology and its implications is essential for both safety and legal recourse. Recent statistics reveal that Waymo vehicles have a significantly lower crash rate compared to human drivers. Waymo reports that its vehicles have experienced a 2.3 times lower rate of police-reported crashes and a 6.8 times lower rate of any-injury crashes per million miles traveled​ (Waymo) (InfoQ). Despite these promising numbers, questions linger regarding accountability in the event of an accident.

The Safety of Waymo Technology

Waymo’s technology integrates advanced features such as machine learning, radar, and cameras to navigate complex environments. This level of sophistication contributes to their reduced accident rates. In specific operational areas like Phoenix and San Francisco, their performance shows an 85% reduction in crashes involving injuries compared to human drivers​ (InfoQ). However, their method of reporting incidents differs from conventional practices. Waymo reports even minor Waymo autonomous vehicle accidents, whereas many human crashes go unreported.

Potential for Waymo Autonomous Vehicle Accident

While the data looks favorable, the potential for Waymo autonomous vehicle accident still exists. Autonomous vehicles face unique challenges, such as unpredictable human behavior, inclement weather, and construction zones. Therefore, a fully autonomous vehicle must continually adapt to dynamic conditions, raising concerns about its readiness for real-world scenarios. For instance, if a Waymo vehicle misinterprets a driver’s intent or fails to recognize an obstacle, the possibility of an accident increases.

Who is Accountable?

In the case of an accident involving a Waymo vehicle, determining accountability becomes complex. Possible responsible parties include:

  • Waymo: If a malfunction in the vehicle’s software or hardware causes the accident.
  • Vehicle manufacturers: If there is a defect in the vehicle itself.
  • Other drivers: In situations where human error contributes to the accident.

This complexity emphasizes the importance of understanding your legal rights if you find yourself in such a situation.

Legal Recourse for Injured Passengers

If you are injured in a Waymo vehicle, seeking legal advice is crucial. Fielding Law offers experienced attorneys ready to navigate the complexities of cases involving autonomous vehicles. We understand the intricacies of these situations and are committed to helping you receive fair compensation.

Why Hire Fielding Law

While Waymo’s statistics suggest a safer driving experience, the potential for accidents remains a significant concern. If you have been injured in a Waymo vehicle or any accident, you have the right to seek justice and compensation. At Fielding Law, we offer free consultations 24/7. Contact us at 833.88.SHARK to discuss your case today.

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

January 14, 2025
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person holding a clipboard in car looking over vehicle insurance requirements

California’s Vehicle Insurance Requirements Updated in 2025

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

California’s Vehicle Insurance Requirements Updated

Starting January 1, 2025, California drivers must be aware of important updates to vehicle insurance requirements. These changes are designed to ensure better coverage for drivers and victims of accidents. If you drive in California, it is crucial to stay informed and comply with the new laws to avoid fines or penalties.

When Do You Need to Provide Proof of Insurance?

You must carry evidence of insurance in your vehicle at all times and provide it when:

  • Requested by law enforcement: If pulled over, you must show proof of insurance. Failure to do so can result in fines or other legal issues.
  • When renewing your vehicle registration: The DMV requires proof of insurance when you renew your vehicle registration to ensure that you are financially responsible for potential accidents.
  • When involved in a traffic collision: If you are in an accident, you must provide your insurance information to the other party, law enforcement, and insurance providers, especially if you are at fault.

Types of Acceptable Insurance

California offers several ways to meet the state’s vehicle insurance requirements. The most common options are:

  1. Motor Vehicle Liability Insurance Policy: This is the most typical and affordable option. It covers damages you cause to other drivers, passengers, and property in the event of an accident.
  2. Cash Deposit with the DMV: If you do not have a traditional insurance policy, you can deposit $35,000 with the California Department of Motor Vehicles (DMV). This deposit acts as proof of financial responsibility.
  3. DMV-Issued Self-Insurance Certificate: For drivers with multiple vehicles, the DMV may issue a self-insurance certificate. This allows you to prove your financial responsibility without carrying traditional insurance.
  4. Surety Bond: A $35,000 surety bond issued by a licensed California company can serve as financial responsibility in place of a typical insurance policy.

Minimum Liability Insurance Requirements

California’s vehicle insurance requirements vary by vehicle type. Here are the minimum liability insurance amounts for private passenger vehicles, as outlined in California Insurance Code §11580.1b:

Prior Liability Insurance Minimums:
  • $15,000 for injury or death to one person.
  • $30,000 for injury or death to more than one person.
  • $5,000 for property damage.

Liability insurance covers damages or injuries caused to others in an accident where you are at fault. It does not cover your own injuries or vehicle damage.

Effective January 1, 2025:

Senate Bill 1107 increases the minimum liability insurance requirements for private passenger vehicles:

  • $30,000 for injury or death to one person.
  • $60,000 for injury or death to more than one person.
  • $15,000 for property damage.

These increased minimums reflect rising medical costs and property damage expenses, ensuring more adequate coverage in case of an accident.

Commercial and Fleet Vehicle Insurance

Commercial and fleet vehicles are subject to additional insurance requirements, which may be imposed by federal, state, or local agencies. If you operate a commercial vehicle or manage a fleet of vehicles, be sure to consult with the appropriate authorities to ensure that your vehicles meet all necessary insurance requirements.

What Happens If You Do Not Have Insurance?

Failing to maintain proper vehicle insurance can lead to significant consequences, such as:

  • Fines and Penalties: If you are caught driving without insurance, you could face fines and other legal penalties.
  • Suspension of Your Driver’s License or Vehicle Registration: Not having insurance may result in the suspension of your license or registration.
  • Personal Liability in Accidents: If you are in an accident and do not have insurance, you may be personally liable for the damages, which could lead to serious financial hardship.

Why You Should Act Now

With the updated California’s vehicle insurance requirements coming into effect in 2025, it is essential to ensure that your insurance policy complies with the new minimums. Review your current policy or alternative options, such as a cash deposit or surety bond, to ensure you meet California’s financial responsibility standards.

If you need assistance understanding your coverage options or have been involved in an accident, Fielding Law is here to help. Our experienced attorneys can guide you through the legal process and help ensure you receive the compensation you deserve. Contact Fielding Law today 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.

January 13, 2025
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Intersection with a stop sign where a hedge is creating a blindspot for drivers and pedestrians.

California’s New Daylighting Law: What It Means for Your Safety

By Car Accident, Catastrophic Injury, Pedestrian Accident, Personal Injury, Premises Liability, Public Entity, Slip or Trip and Fall, Wrongful Death

Effective January 1, 2025, California’s new daylighting law brings important changes to the way properties near intersections and driveways are designed. If you have been injured in an accident due to poor visibility at an intersection or driveway, this new law could have a significant impact on your case. Here is what you need to know about the law and how it may affect your safety and legal rights.

What Is Daylighting?

Daylighting is the practice of maintaining clear sightlines at intersections, driveways, and other public road areas to improve visibility. The goal is to reduce the risk of accidents caused by obstructions like tall fences, hedges, or walls that block drivers’ and pedestrians’ views. The new law requires property owners to keep these areas clear of any visual barriers, ensuring safer roads for everyone.

For someone who has been injured in an accident caused by limited visibility, this law could be crucial in determining liability. Poorly designed properties that block sightlines may have contributed to your accident.

How Does This Law Impact Your Safety?

The daylighting law is designed to reduce accidents by improving visibility at key spots like intersections and driveways. For individuals who have been injured due to poor visibility, this law could provide a legal avenue to pursue compensation. If the property owner failed to maintain clear sightlines and an accident occurred as a result, you may have grounds to file a personal injury claim.

Key aspects of the new law include:

  • Clear Zones: Areas around intersections and driveways must remain clear of obstructions that block the view of approaching drivers or pedestrians.
  • Obstruction Limitations: Property owners are prohibited from placing objects taller than 2.5 to 3 feet in certain areas near intersections or driveways.
  • Enforcement: Local authorities will be responsible for ensuring compliance, and violations could lead to fines or required changes to properties.

Could This Law Help Your Personal Injury Claim?

If you have been injured in a car accident, pedestrian accident, or another incident where poor visibility played a role, the new daylighting law could be a key factor in your personal injury case. Here is how:

  1. Obstructions That Contribute to Accidents: If a property owner failed to maintain clear sightlines as required by the new law, they may be considered negligent. This could strengthen your claim that the property owner’s lack of care directly contributed to your injury.
  2. Building Your Case: The daylighting law can serve as evidence of what is considered proper visibility in public spaces. If the property was not in compliance, it could help establish the responsibility of the property owner.
  3. Increased Focus on Safety: The law highlights the importance of safety in public spaces. If your injury occurred in an area where sightlines were obstructed, this can show that the property owner did not meet the standard of care expected in California.

Real-Life Scenarios: How the Law Might Apply

Imagine you are walking across the street at an intersection, and a car makes a turn without seeing you due to overgrown bushes blocking the view. You are hit, and now you are left dealing with serious injuries. If the bushes were located within the required clear zone and the property owner did not take steps to remove them, this could be considered negligence. The daylighting law would be a critical piece of evidence in showing that the property owner’s failure to comply with the law led to your accident.

How Can You Protect Yourself?

If you have been injured due to poor visibility, it is important to understand your rights and how the new daylighting law could affect your case. Here are a few steps to take:

  1. Document the Scene: If you are involved in an accident, take photos of the area, especially if there are any obstructions that may have contributed to the accident. This could include fences, large shrubs, or walls that block the view.
  2. Report the Issue: If you notice that visibility is impaired at a particular intersection or driveway, consider reporting it to local authorities. Property owners may not be aware of the risks their property poses to others.
  3. Seek Legal Assistance: If you have been injured and believe that poor visibility contributed to the accident, it is crucial to speak with a personal injury attorney who understands California’s laws. They can help you gather evidence, assess the situation, and determine if the property owner’s failure to comply with the daylighting law played a role in your injury.

Why Hire Fielding Law?

At Fielding Law, we are committed to helping victims of accidents receive the compensation they deserve. If you have been injured due to poor visibility caused by a property owner’s failure to comply with California’s daylighting law, our team is here to assist you. We will thoroughly investigate your case, gather the necessary evidence, and fight to hold the responsible parties accountable for their negligence.

If you or a loved one has been injured in an accident related to poor visibility, contact Fielding Law today at 833.88.SHARK for a consultation. We are here to support 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.

January 8, 2025
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