Skip to main content
Category

E-Bikes and E-Scooters

blinding bright headlights

Blinded by Bright Headlights?

By Bicycle Accident, Car Accident, Catastrophic Injury, E-Bikes and E-Scooters, Motorcycle Accident, Pedestrian Accident, Personal Injury, Truck Accident, Wrongful Death

Are Headlights Getting Brighter?

Yes—they are. It is not your imagination. Modern vehicles, especially larger trucks and SUVs, are now equipped with brighter, bluer, and higher headlights than in the past. A recent KTLA article highlighted how road glare from these newer lights is becoming a growing safety concern for drivers across the country.

Older vehicles used halogen bulbs emitting about 1,000 lumens. But starting in the early 2000s, many manufacturers switched to LED headlights, which can emit 4,000 lumens or more. Aftermarket bulbs—often installed without proper regulation—can reach 10,000 lumens or higher.

The result? Drivers are facing intense glare, often directly at eye level, thanks to the combination of brighter lights and elevated vehicle designs.

What Makes These Lights So Dangerous?

According to experts like Jillian Young from AAA Northeast, the intense bluish-white hue of LEDs is more irritating to the human eye than traditional warmer halogen lights. This discomfort increases the chance of temporary blindness, slow reaction time, and even complete disorientation—especially on dark roads.

These lights are often angled higher, especially on large SUVs and lifted trucks, causing them to shine directly into the eyes of other drivers. Oncoming glare can cause:

  • Difficulty seeing lane lines or obstacles

  • Delayed reaction time

  • Temporary visual impairment or “flash blindness”

  • Increased risk of veering or swerving into other lanes

Can You Sue Someone for Blinding You with Headlights?

In both California and Arizona, it is difficult—but not impossible—to bring a claim based solely on being blinded by someone’s headlights. The core issue comes down to negligence.

To bring a successful lawsuit, you must prove:

  1. The other driver acted unreasonably or unlawfully (such as installing illegal aftermarket lights or failing to dim high beams).

  2. Their action caused a crash or injury.

  3. You suffered actual harm or damages as a result.

For example, if a driver had illegally bright or modified headlights, and that glare caused you to crash or collide with another object, you may have a valid claim. You could potentially file against:

  • The other driver, if their headlights were modified or improperly used.

  • A third party, such as a body shop that installed unapproved lighting equipment.

  • Even vehicle manufacturers, if defective headlights contributed to a hazardous situation (in rare product liability cases).

However, glare-related crashes are often complex. You will need strong evidence, such as:

  • Eyewitness statements

  • Dash cam footage

  • Vehicle inspection records

  • Police reports noting lighting modifications or misuse

These claims can also become more viable if the other party was cited for violating headlight laws.

What Do California and Arizona Laws Say?

California and Arizona both have headlight laws, but enforcement is inconsistent.

In California:

  • Vehicle headlights must not project “a glaring light” to oncoming drivers.

  • Headlight height and brightness are regulated, but aftermarket LED kits can often slip through inspections.

  • Police may cite drivers for violations of Vehicle Code § 24409 (failure to dim high beams) or § 25950 (improper lighting).

In Arizona:

  • A.R.S. § 28-947 requires proper adjustment of headlights to prevent glare.

  • Brightness limits exist, but there is no widely enforced lumen cap.

  • Modifying factory lighting beyond its intended performance may be illegal.

Despite these laws, citations for overly bright headlights are rare, and few cases make it to court unless a crash occurs.

How to Protect Yourself

While the law slowly catches up to lighting technology, you can take steps to protect yourself:

  • Avoid looking directly at oncoming lights. Instead, focus slightly right of the road.

  • Use night mode or anti-glare coatings on mirrors or glasses.

  • Dim your rearview mirror when bright lights are behind you.

  • Install a dash cam in case you are injured and need evidence of excessive glare.

  • Have your eyes checked regularly. Nighttime sensitivity can worsen with age or uncorrected vision problems.

Why Hire Fielding Law

If you were involved in a crash and believe glare or illegal headlights played a role, we are here to help. At Fielding Law, we investigate every detail—down to the headlight specifications and the manufacturer’s compliance.

Our team understands how devastating glare-related collisions can be. We will work with accident reconstruction experts and lighting specialists if necessary to build a strong case.

Call 833.88.SHARK or contact Fielding Law today for a free consultation. We are here to fight for your rights and help you recover after a serious crash.

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

June 30, 2025
Love0
A pedestrian and a person on a bicycle passing each other on a bike path with trees in the background

I Was Injured in a Pedestrian Versus Bicycle Accident. Now What?

By Bicycle Accident, E-Bikes and E-Scooters, Pedestrian Accident, Personal Injury

Accidents between pedestrians and bicycles can cause severe injuries and raise complex legal issues. These types of accidents happen more often than many people think. Whether you are walking or cycling, you may be entitled to compensation for your injuries.

At Fielding Law, we guide injured victims through their legal rights and ensure they receive the support they deserve.

Common causes of pedestrian versus bicycle accidents

Pedestrian versus bicycle accidents often occur in locations where both pedestrians and cyclists share the space, such as:

  • Sidewalks

  • Crosswalks

  • Trails

  • Parking lots

Many of these accidents happen because one party fails to follow the rules of the road or is distracted. Some common causes include:

  • Distracted riding or walking

  • Failure to yield the right-of-way

  • Poor visibility in certain areas

  • Riding on sidewalks where prohibited

  • Speeding through crosswalks or crowded places

If you were injured, understanding the cause of the accident is the first step toward getting the help you need.

Who is at fault

Determining fault depends on the actions of both the pedestrian and the cyclist. In Arizona and California, the law applies comparative negligence, meaning both parties may share fault.

For example, if a cyclist failed to follow traffic signals or was riding recklessly, they may be at fault. Similarly, if a pedestrian stepped out unexpectedly, their actions could contribute to the incident. An experienced attorney can analyze the facts and determine who is responsible.

Pedestrian versus bicycle accident injuries

The injuries resulting from these accidents can be serious. Common injuries include:

  • Broken bones

  • Head injuries

  • Sprains and strains

  • Cuts and bruises

  • Emotional trauma

Even minor crashes can result in long-term health problems. Medical bills, recovery time, and time off work may place an additional financial burden on victims.

What to do after an accident

If you have been involved in a pedestrian versus bicycle accident, follow these steps to protect your rights and health:

  1. Call 911 if anyone is injured

  2. Collect contact information from witnesses

  3. Capture photos of the scene and injuries

  4. Seek medical attention as soon as possible

  5. Avoid discussing fault at the scene

  6. Reach out to a personal injury attorney – Fielding Law at 833.88.SHARK

These actions help ensure your case is handled appropriately and increase your chances of a favorable outcome.

Choose Fielding Law for your case

Unlike large law firms, Fielding Law focuses on personalized service and attention. We understand the physical, emotional, and financial strain of dealing with injuries.

Reach out to Fielding Law today by calling 833.88.SHARK or submit a form on our Contact page for a free call back. We are here to guide you through the next steps toward healing.

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

June 3, 2025
Love0
e bike being road on a small local street

Reckless E-Bike and E-Scooter Games: Who Is at Fault?

By Bicycle Accident, Car Accident, E-Bikes and E-Scooters, Pedestrian Accident, Personal Injury, Wrongful Death

Reddit message about reckless e-bike and e-scooter riders in IrvineReckless E-Bike and E-Scooter Behavior Raises Concerns

In Irvine and surrounding areas, there has been a surge of comments on local Facebook groups and Nextdoor about teenagers playing games with drivers at traffic lights while riding e-bikes and e-scooters. Many drivers are alarmed at the increase in this behavior, especially when young riders dart into intersections or swerve in front of moving traffic.

One Reddit user shared their recent experience at W Yale Loop and Blue Lake South, where three teen girls rode diagonally through a busy intersection. This kind of behavior might seem funny to teens, but for drivers, it is a terrifying moment with potentially deadly consequences.

Who Is at Fault in an E-Bike or E-Scooter Accident?

California law requires e-bike and e-scooter riders to follow the same rules as cars. If a rider behaves recklessly and causes an accident, they can be held liable. But many minors do not carry insurance, and their bikes often do not have license plates or registration. This makes it difficult for victims to pursue compensation unless a parent’s homeowner’s policy or the driver’s own uninsured motorist coverage applies.

If a driver overcorrects to avoid a reckless rider and crashes into another vehicle, the situation becomes more complex. Under California’s comparative negligence rules, fault can be shared. If the driver’s reaction was reasonable under the circumstances, the bulk of the fault may still lie with the e-bike rider.

Who Can Legally Ride an E-Bike?

California divides e-bikes into three classes:

Class 1: Pedal-assist, up to 20 mph. No minimum age. Helmets required under 18.
Class 2: Throttle-assisted, up to 20 mph. No minimum age. Helmets required under 18.
Class 3: Pedal-assist, up to 28 mph. Must be at least 16 years old. Helmets required under 18. Not allowed on most bike paths.

E-scooter riders must be at least 16 and have a driver’s license or permit. Riders under 18 must wear helmets. Sidewalk riding is prohibited.

The Irvine Police Department is urging parents to take a closer look at what they are buying for their kids. Many of the motorized bikes on local roads are not legally considered e-bikes at all. According to a recent social media post from Irvine PD, officers are encountering more juveniles on electric motorcycles—vehicles that require a driver’s license and cannot be used on public roads by unlicensed minors. If the vehicle does not have pedals, it is not an e-bike. It is an electric motorcycle.

Public Warnings and Community Reactions

Community frustration is growing. In addition to the Reddit posts and neighborhood threads, local media is covering the issue. KTLA reported that some cities, including Lake Forest and Irvine, are seeing waves of reckless riding, with residents saying they feel “terrorized” by teens weaving in and out of traffic or riding in large, fast-moving groups.

The Irvine Police Department has issued multiple social media warnings about unsafe e-bike use, street takeovers, and kids riding unregistered and illegal vehicles. These warnings are not about fear—they are about safety. One wrong move can lead to irreversible consequences.

Why Hire Fielding Law

At Fielding Law, we help drivers and pedestrians recover after life-changing crashes involving reckless e-bike or e-scooter riders. Our team understands how confusing these situations can be, especially when the at-fault rider is a minor. We guide you through every step of the legal process and fight for the compensation you deserve.

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.

May 8, 2025
Love0
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.

April 25, 2025
Love0
Decoding E-Bike Rights

Decoding E-Bike Rights: Navigating Misinformation After an Injury

By Bicycle Accident, E-Bikes and E-Scooters

E-bikes have transformed urban commuting, offering a convenient and eco-friendly way to travel. However, many riders do not realize that standard insurance policies often fail to cover e-bike accidents. At Fielding Law, we believe every rider deserves to understand their E-Bike Rights and take the necessary steps to stay protected.

Insurance Gaps: Do Not Assume You Are Covered

Standard auto and homeowner insurance policies rarely include e-bike accidents, leaving many riders without financial protection. Fielding Law urges riders to explore supplemental insurance options designed specifically for e-bikes. By securing the right coverage, you can avoid unexpected financial burdens after an accident.

Understanding Liability in E-Bike Accidents

Establishing fault in an e-bike accident can be complicated, but it is essential. Fielding Law’s skilled personal injury attorneys investigate every case thoroughly to determine liability. Whether another rider, a motorist, or a defective bike part caused the accident, we fight to ensure you receive fair compensation.

Legal Protections: Know Your E-Bike Rights

Unlike traditional vehicle operators, e-bike riders often lack critical legal protections. Fielding Law works tirelessly to bridge this gap, advocating for fair treatment and just compensation for injured riders. Every commuter, regardless of their mode of transportation, deserves equal legal support.

Why Hire Fielding Law?

If you have suffered an e-bike injury, Fielding Law is here to help. Our dedicated legal team combines expertise with compassion, ensuring you receive the support and representation you need. We guide you through insurance challenges, fight for your E-Bike Rights, and work toward the best possible outcome for your case.

Call 833.88.SHARK today for expert legal guidance. Ride with confidence, knowing your rights are protected.

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

April 18, 2025
Love0
person riding an e-scooter on the sidewalk

The Hidden Dangers of E-Bikes and E-Scooters

By E-Bikes and E-Scooters, Pedestrian Accident

E-bikes and e-scooters have surged in popularity, offering a convenient and eco-friendly way to travel. However, their rise has also led to an increase in accidents, particularly involving pedestrians. Understanding the risks, liability concerns, and insurance requirements can help you stay safe whether you are a rider or a bystander.

The Growing Risk of E-Bikes and E-Scooters

Collisions involving e-bikes and e-scooters have become a significant safety issue in urban areas. According to the U.S. Consumer Product Safety Commission (CPSC), e-bike and e-scooter-related injuries increased by 127% from 2017 to 2021. These incidents often result in serious injuries, including fractures, head trauma, and even fatalities.

The majority of injuries resulted from riders falling, accounting for 79.1%, while 16.1% were due to collisions. Additionally, 4.8% of cases involved pedestrians being struck by an e-scooter. The most affected age group was between 25 and 40 years old, comprising 55.5% of injured individuals, with 81.1% of those injuries caused by falls. (NLM)

E-Bikes and E-Scooters vs. Pedestrians

Pedestrians face increasing dangers from e-bikes and e-scooters, especially when:

  • Riders speed through sidewalks, violating local laws.
  • Scooters are left scattered on sidewalks, creating trip hazards.
  • Reckless or inexperienced riders fail to control their vehicles properly.

Are Rental E-Bikes and E-Scooters a Liability for Pedestrians?

E-scooter and e-bike rental companies have faced lawsuits over injuries caused by their vehicles. The primary concerns include:

  • Poor Parking Practices: Riders often leave scooters in the middle of sidewalks, creating hazardous conditions for pedestrians.
  • Malfunctioning Equipment: Defective brakes, worn-out tires, and software issues have led to serious accidents.
  • Lack of Rider Accountability: Many rental companies do not require training or enforce helmet laws, increasing the risk of injuries.

A notable case in Los Angeles (2021) involved a pedestrian who tripped over a poorly parked rental scooter, suffering a broken hip. The victim sued the rental company for failing to regulate parking enforcement.

What Does the Rental Agreement Cover?

Before renting an e-bike or e-scooter, users must agree to terms and conditions that often:

  • Waive Liability: Riders assume responsibility for any accidents or injuries.
  • Limit the Company’s Accountability: Most agreements protect rental companies from lawsuits, even in cases of faulty equipment.
  • Require Safe Riding Practices: Many agreements state that users must follow local traffic laws, though enforcement is minimal.

Reading the fine print is crucial, as most users are unaware they might be personally liable for damages if they cause an accident.

Do You Need Additional Insurance for E-Bikes and E-Scooters?

Most personal auto or homeowners insurance does not cover accidents involving e-bikes or e-scooters. Riders may need:

  • Personal Liability Insurance: Covers damages if you injure someone or damage property.
  • Medical Payments Coverage: Helps pay for medical bills if you are injured while riding.
  • Uninsured/Underinsured Motorist Coverage: Protects you if another rider or driver causes an accident and lacks adequate coverage.

Some cities now require riders to have insurance before using e-bikes or e-scooters, particularly for rental services.

How Fielding Law Can Help

If you were injured by an e-bike or e-scooter, you might have legal options to seek compensation. Fielding Law has experience handling pedestrian injury claims and can help determine liability, whether it is the rider, rental company, or manufacturer at fault.

Our team will investigate your case, gather evidence, and work to secure compensation for medical bills, lost wages, and pain and suffering. Contact Fielding Law at 833.88.SHARK today for a consultation.

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

April 16, 2025
Love0
Driver going fast on the road.

What is Assumption of Risk?

By Bicycle Accident, Car Accident, Dog / Animal Bite, E-Bikes and E-Scooters, Motorcycle Accident, Personal Injury, Skate & Skateboarding Accident, Ski & Snowboard Accident

In the world of personal injury law, the concept of assumption of risk is crucial. It refers to a legal doctrine that may affect your ability to recover damages after an injury. At Fielding Law, we want to help you understand what assumption of risk is and how it may impact your situation.

What is Assumption of Risk?

Assumption of risk occurs when an individual knowingly and voluntarily exposes themselves to a dangerous situation or activity. By participating in the activity, the individual acknowledges the inherent risks involved. This acknowledgment can limit or eliminate liability for another party in case of injury.

Types of Assumption of Risk

Assumption of risk is typically divided into two categories: express and implied.

Express Assumption of Risk

Express assumption of risk occurs when a person explicitly agrees to accept the risks involved in an activity. This agreement is often documented through a waiver or release form. Common examples include:

  • Sports Activities: Athletes may sign waivers before participating in high-contact sports, acknowledging the risks involved.
  • Recreational Activities: Participants in activities like rock climbing or zip-lining often sign releases to acknowledge potential dangers.
Implied Assumption of Risk

Implied assumption of risk arises from a person’s actions rather than explicit agreement. This can occur when an individual engages in an activity that is inherently risky, such as:

  • Riding a Bicycle: When a person chooses to ride a bicycle, they acknowledge the risks involved, such as falls and collisions with vehicles. Cyclists must follow traffic laws and stay aware of their surroundings. If injured while riding recklessly or without a helmet, their ability to claim damages may be affected.
  • Driving a Car: Similarly, when someone decides to drive a car, they accept risks like accidents and mechanical failures. Drivers must adhere to traffic laws and be mindful of road conditions. If an accident occurs due to negligence or reckless behavior, recovering compensation can be more challenging.

How Does Assumption of Risk Affect Personal Injury Claims?

If you are injured while participating in an activity that involves an assumption of risk, the ability to claim damages may be affected. Here are some key points to consider:

  • Limited Liability: If a waiver is in place, the party responsible for the activity may not be held liable for injuries, even if negligence is involved.
  • Proving Negligence: If you assumed the risk voluntarily, you may need to prove that the other party was grossly negligent or acted outside the scope of normal risks associated with the activity.

How to Protect Yourself

Understanding assumption of risk can help you navigate potential hazards effectively. Here are some tips to protect yourself:

  • Read Agreements Carefully: Before signing any waiver or agreement, ensure you understand the risks involved. Look for any clauses that may limit your rights.
  • Know Your Limits: Be aware of your own physical abilities and limitations. Avoid activities that may pose excessive risks to your health and safety.
  • Document Your Experience: If you are injured, gather evidence to support your claim. This may include photographs, witness statements, and medical records.

Why Choose Fielding Law?

At Fielding Law, we understand that legal matters can be daunting. Our team is dedicated to helping you navigate complex legal concepts like assumption of risk. We provide compassionate and capable legal representation, ensuring your rights are protected.

If you have questions about your personal injury claim or need guidance on how assumption of risk may apply to your situation, contact Fielding Law at 833.88.SHARK. 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.

February 17, 2025
Love0
Personal Injury guide

Guide to Personal Injury 101

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

Accidents can happen at any time, leaving you with more than just physical scars. The pain and recovery process can be difficult, but the legal aspects can feel just as overwhelming. If you are considering filing a claim, understanding the process is important. This guide to Personal Injury 101 will walk you through the basics, from determining if you have a valid case to the steps involved in seeking compensation.

Personal Injury Guide

Personal injury law protects individuals hurt due to someone else’s negligence. Suffering an injury can be overwhelming, physically and emotionally. Beyond the pain, many victims face mounting medical bills, lost wages, and uncertainty about the future.  
 
No one should have to navigate this process alone. Personal injury attorneys advocate for victims, offering guidance and support. They handle the legal process so injured individuals can focus on recovering. A personal injury claim helps hold the party responsible accountable. 
 
Personal injury cases come in many forms, including motor vehicle accidents, slip-and-falls, dog bites, and defective products. These incidents can cause both physical injuries and emotional distress, making recovery challenging. Personal injury law ensures victims can seek justice and reclaim their stability. 

The Legal Process for Personal Injury    

Navigating a claim can seem confusing, but understanding the process can ease the anxiety through this personal injury guide. 

  1. The Initial Consultation: The first step is speaking with a consultation specialist. At Fielding Law, our team is ready to review the details and allow you to ask questions while understanding your legal options.
  2. Investigation and Gathering Evidence: Strong evidence is important for a successful claim. Medical records, accident reports, witness statements, and pictures help build your case.  
  3. Filing the Claim: Once enough evidence is gathered, we file a claim with the at-fault party’s insurance company. This step formally starts the legal process. 
  4. Negotiating a Settlement: Most cases are settled before trial. Our expert attorneys negotiate with the insurance company to secure a fair settlement.  
  5. Litigation, If Necessary: If the case does not offer a fair settlement, we may take it to court. While litigation can extend the timeline, our legal team is prepared to fight for your rights.
  6. Resolution and Compensation: After an agreement is reached, the settlement is finalized, payments are processed, and outstanding medical liens are addressed. Depending on the case, this final phase can take weeks or months. We understand that waiting can be difficult, but this step is crucial for you to receive what you deserve.  

How to Determine if You Have a Valid Personal Injury Claim 

To have a personal injury claim, you must show that someone else’s actions caused your injury. This involves proving they had a duty to act safely, failed to do so, and that their actions directly led to your harm.  
 
Insurance companies try to pay as little as possible, and their first offer is rarely the best. A personal injury can handle negotiations and fight for the compensation you deserve. Even after this personal injury guide, if you are unsure whether you have a claim, contact Fielding Law. The consultation is free, and we can help you understand your options. 

Moving Forward with Fielding Law 

Your injuries, challenges, and recovery matter to us. At Fielding Law, we know that every personal injury case is unique. We are dedicated to taking the time to listen, understand your situation, and help you navigate through the complexities of personal injury. Whether you are facing mounting medical bills, lost wages, or ongoing pain, we will fight for you every step of the way. Call 833.88.SHARK for a free consultation and let us help you take the next step toward a successful recovery.  

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

February 11, 2025
Love0
Hands holding a phone to take a photo or video

Photo and Video Evidence Builds Stronger Cases

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

Why Visual Evidence Matters

You may have heard the saying, “A picture is worth a thousand words.” In personal injury claims, photo and video evidence can be worth thousands—or even millions—of dollars. These forms of evidence provide clear, undeniable proof that can support your case, counter opposing arguments, and increase the likelihood of a favorable settlement.

Examples of Photo and Video Evidence in Action

  • Car Accidents: Pictures of the accident scene, vehicle damage, skid marks, and traffic signals can demonstrate fault and the severity of the crash.
  • Bed Bug Bite Injuries: Photographs of bites, infestation, and unsanitary conditions at a hotel or rental property can establish negligence.
  • Pedestrian Accidents: Video footage from nearby surveillance cameras or eyewitnesses’ cell phones can show the driver’s behavior and the circumstances of the crash.
  • Premises Liability: Images of wet floors, broken handrails, or uneven walkways can prove hazardous conditions that led to your injury.

The Best Types of Evidence to Capture

When documenting an injury or accident, focus on these types of evidence:

  • High-Quality Photos: Use clear, well-lit images that show details of injuries, property damage, or unsafe conditions.
  • Videos with Context: Videos can capture the sequence of events, such as a car speeding through a red light or the lack of safety measures on a property.
  • Time-Stamped Evidence: Ensure all photos and videos include accurate timestamps to verify when they were taken.
  • Witness Recordings: If available, obtain recordings from bystanders who witnessed the incident.

Tips for Capturing Evidence

  • Take photos and videos as soon as possible.
  • Document injuries over time to show progression or healing.
  • Capture the surroundings to provide context.
  • Use your phone or camera’s timestamp feature.

How Visual Evidence Strengthens Your Case

Photo and video evidence provides clarity where words may fail. For example, describing a dangerous pothole in court may not be as impactful as showing a picture of it. Similarly, a video of a reckless driver running a stop sign can eliminate doubts about liability.

Evidence also counters attempts by insurance companies to minimize your injuries or deny fault. It allows your attorney to present a compelling narrative supported by hard proof.

Why Hire Fielding Law

At Fielding Law, we understand the power of visual evidence in securing fair settlements. Our compassionate team will guide you through the process of gathering and presenting the evidence needed to strengthen your case. Whether you have been injured in a car accident, suffered from a bed bug infestation, or experienced a slip and fall, we are here to help. Call us at 833.88.SHARK for a free consultation and let us fight for the compensation you deserve.

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

February 7, 2025
Love0
scale on a table in a dark room with a small window

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
Love0
Close Menu