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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, Sexual Assault & Abuse, 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
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two young female friends playing in a backyard on swings with trees in the background.

What to Do If Your Child Is Injured at a Friend’s House

By Catastrophic Injury, Dog / Animal Bite, Personal Injury, Premises Liability, Slip or Trip and Fall, Wrongful Death

Receiving a phone call from another parent telling you that your child has been injured at a friend’s house can be overwhelming and stressful. Each year in the United States, approximately 12,000 children lose their lives due to accidental injuries. Meanwhile, 9.2 million require emergency room visits, hospital stays, or time in the ICU.

As a parent, it can be difficult to know what steps to take after your child has been hurt, but understanding the right actions and how to navigate injuries at a friend’s house can help you protect their well-being and future.   

Common Cause of Injuries at a Friend’s House  

Children are naturally curious and energetic, leading to accidents, even in safe environments. When an injury occurs at a friend’s home, it is important to determine what comes next. Understanding common household hazards can help guide parents through these situations while their child receives proper care. 

Slip-and-fall Accidents: Slippery floors, uneven surfaces, and poorly maintained stairs create significant fall risks. If your child slips and falls, check for injuries.

Hazardous Furniture and Unsecured Items: Older furniture can break unexpectedly, causing serious injuries. Unsecured bookshelves, televisions, and heavy decor are also risks.

Dog Bites: Although most pets are well-trained, they can react unpredictably. If a dog bites your child, seek medical attention and request vaccination records.

Swimming Pool Accidents: Unsupervised pools can cause drowning and slip hazards. Even minor incidents, such as swallowing water, can have delayed health effects. 

What Should Parents Do After an Injury at a Child’s Friend’s House 

Going through the motions of figuring out what to do after your child was injured at a friend’s house can feel overwhelming, but taking immediate action keeps their safety and well-being a priority. Addressing the situation directly and respectfully helps maintain relationships while protecting your child’s rights.  

  1. Seek immediate medical attention. A doctor can examine your child’s condition, provide treatment, and document the injury. Medical records are important if you need to seek compensation.
  2.  Document with photos and videos. Capture pictures of the accident scene, including any hazards such as wet floors, broken furniture, or unsafe conditions.
  3.  Collect contact information. Ask for names and phone numbers of witnesses, including other children or adults who saw the incident. Their statements can help explain what happened and confirm the conditions that led to the injury.
  4.  Talk to the other parents compassionately. Explain the situation calmly and stick to the facts. While discussing medical concerns and costs may feel uncomfortable, handling the conversation clearly can help maintain a positive relationship. 

Who Covers the Cost?  

Parents worry about medical expenses when their child is injured at a friend’s house. The good thing is that most homeowners’ insurance policies include liability coverage for injuries on the property. Some policies also offer additional protection through umbrella coverage.

Filing an insurance claim does not mean the homeowner pays out of pocket. The insurance company first reviews the claim and determines coverage. Meanwhile, you should focus on your child’s recovery. Leaving a door for communication with the homeowner can help retain the relationship and prevent tension.

The compensation from an insurance claim can help cover medical bills, rehabilitation costs, and other related expenses. If you must take time off work to care for your child, lost wages may also be included. The priority is that your child receives proper treatment without causing financial strain.

Protect Your Rights and Maintain Your Relationships   

When your child is injured at a friend’s house, it can be a difficult and emotional experience. As a parent, navigating the situation with clarity and care is essential to protecting your child’s well-being and addressing legal concerns. By taking thoughtful steps and approaching the matter compassionately, you can prioritize your child’s recovery while maintaining a positive relationship with another family.  

Start Your Journey With Fielding Law

At Fielding Law, we understand how overwhelming these situations can be. Our team is here to provide expert guidance, support, and legal representation. If your child has been injured on someone else’s property, contact us for a free 24/7 consultation. We are also available at 833.88.SHARK to handle the legal complexities while you focus on helping your child heal.     

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

February 6, 2025
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frayed electric wires

Electric Shock Injuries Explained

By Catastrophic Injury, Personal Injury, Premises Liability, Product Liability, Wrongful Death

Electric shock and electrocution injuries can have life-altering effects. These injuries often result from workplace accidents, defective products, or unsafe property conditions. Understanding how these incidents relate to personal injury claims is crucial for pursuing compensation.

Common Causes of Electric Shock Injuries

Electric shock injuries occur in various scenarios, including:

  • Workplace Accidents: Faulty equipment, exposed wiring, or lack of proper safety measures.
  • Unsafe Premises: Poorly maintained properties with exposed electrical systems.
  • Defective Products: Electrical devices or appliances with manufacturing flaws.
  • Utility Company Negligence: Unmaintained power lines or unsafe utility installations.

Each situation may involve different liable parties, such as employers, property owners, or manufacturers.

Types of Injuries from Electric Shocks

Electric shocks can cause severe injuries, such as:

  1. Burns ranging from minor to severe.
  2. Cardiac arrest or heart damage.
  3. Nerve damage and chronic pain.
  4. Brain injuries or neurological issues.
  5. Psychological trauma, including anxiety or PTSD.

The effects often require long-term medical treatment, leading to costly bills and lost income.

How Negligence Affects Your Claim

To pursue compensation for electric shock injuries, you must prove negligence, which occurs when a party fails to uphold their duty of care. For example, an employer might neglect workplace safety protocols, a property owner could fail to repair exposed electrical systems, or a manufacturer might release a product with electrical defects. Establishing negligence requires gathering strong evidence, such as incident reports, medical records, and expert testimony, to support your claim.

Challenges from Insurance Companies

Insurance companies often try to minimize claims to protect their bottom line. They may argue that:

  • The victim was partially responsible for the injury.
  • The injuries are not as severe as claimed.
  • The evidence does not sufficiently prove negligence.

Having a skilled attorney ensures these tactics are countered effectively.

Why Choose Fielding Law?

At Fielding Law, we prioritize our clients’ well-being by offering ethical and effective legal representation. Our knowledgeable team understands the challenges electric shock injury victims face. We carefully investigate your case, identify the liable parties, and fight for the compensation you deserve. Call 833.88.SHARK today for a free consultation.

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

February 5, 2025
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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, Sexual Assault & Abuse, 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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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, Sexual Assault & Abuse, 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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Gas station just after dusk.

Gas Station Shootings and Liability

By Assault, Personal Injury, Wrongful Death

Shooting incidents at gas stations can have devastating effects on victims and their families. Understanding liability is crucial to ensuring accountability. Multiple parties, including store clerks, store owners, and security personnel, may share responsibility in these tragic events.

Store Clerk Responsibilities

Store clerks have a duty to act in a way that ensures customer safety. If a clerk observes suspicious activity but does not alert authorities, they may be liable for negligence. For example, if a clerk ignores signs of a robbery and fails to activate the alarm system, their inaction could lead to liability if a shooting occurs.

Owner’s Duty to Protect

Gas station owners must provide a safe environment for patrons. They should maintain adequate lighting, install security cameras, and ensure trained personnel are present. If a shooting takes place in a poorly lit area without security measures, the owner could be held accountable for neglecting their duty. A case where a patron is shot in the parking lot due to inadequate security might strengthen a victim’s claim.

Security Officer Accountability

Gas stations that employ security personnel must ensure these officers are trained to respond effectively to threats. If a security officer witnesses a potentially dangerous situation but fails to intervene or call for help, they may share liability. For instance, if a confrontation escalates to violence while a security officer is present, their inaction could be scrutinized.

Wrongful Discharge Scenario

In a tragic case, a gas station clerk may wrongfully discharge a weapon during a confrontation with a suspicious individual. Suppose the clerk, feeling threatened, fires their weapon without proper justification, hitting an innocent bystander. In this scenario, the clerk and potentially the gas station owner could face liability for the injuries caused. This incident raises questions about the training provided to clerks regarding weapon use and de-escalation techniques, further complicating the liability landscape.

Different Case Scenarios

  1. Robbery Incident: A shooting occurs during a robbery. If the clerk does not follow safety protocols, such as activating an alarm, they may be liable.
  2. Poor Lighting Conditions: A patron is shot in a poorly lit parking lot. The victim could file a lawsuit against the owner for failing to maintain a safe environment.
  3. Inadequate Security Response: A security officer is present but does not intervene during an escalating situation. Their inaction may be grounds for liability.
  4. Wrongful Discharge Scenario: A clerk may wrongfully discharge a weapon during a confrontation, hitting an innocent bystander. Both the clerk and the gas station owner could face liability, raising concerns about training in weapon use and de-escalation.

Why Hire Fielding Law?

At Fielding Law, we understand the complexities of gas station shooting cases and are dedicated to supporting victims. Our team is empathetic and capable, ready to guide you through the legal process. If you have experienced such an incident, do not hesitate to reach out. We can help you seek justice and compensation for your suffering.

Contact us today at 833.88.SHARK for compassionate legal assistance. You do not have to face this alone; 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.

January 16, 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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Three people drinking alcohol

Injured in a DUI Accident? Know Your Rights

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

Being injured in a DUI accident can be traumatic. You not only face physical injuries but also emotional distress and financial burdens. At Fielding Law, we want to help you navigate the complexities of DUI accident injury claims. Here is what you need to know if you find yourself in this unfortunate situation.

Understanding DUI Accident Liability

When you suffer injuries in an accident involving a driver under the influence of drugs or alcohol, establishing liability is crucial. In most cases, the intoxicated driver is responsible for their actions, which significantly impacts your ability to claim compensation for your injuries.

  • Negligence: The impaired state of the driver demonstrates negligence, a key factor in establishing liability. This negligence strengthens your injury claim.
  • Criminal Charges: If law enforcement charges the driver with a DUI, it enhances your case. Evidence of their intoxication bolsters your claim for damages.

Steps to Take After a DUI Accident

1. Seek Medical Attention:
Prioritize your health. Even if your injuries seem minor, always get a thorough medical evaluation. Some injuries may not be immediately apparent.

2. Report the Accident:
Inform law enforcement about the accident. They will document the scene and provide an official report, which can be critical for your claim.

3. Gather Evidence:
Collect as much information as possible. Take photos of the accident scene, your injuries, and any damage to your vehicle. Obtain contact information from witnesses.

4. Document Your Injuries:
Keep detailed records of your medical treatment and expenses, including hospital visits, therapy sessions, and medication costs. This documentation will be essential for your claim.

Seeking Compensation for Your Injuries

If you sustain injuries in a DUI accident, you may qualify for various forms of compensation, including:

  • Medical Expenses: Costs for treatment, rehabilitation, and any ongoing care related to your injuries.
  • Lost Wages: Compensation for the income you lose due to your inability to work while recovering.
  • Pain and Suffering: Compensation for the physical pain and emotional distress resulting from your injuries.
  • Property Damage: Reimbursement for repairs to your vehicle or replacement if it is totaled.

Why Hire Fielding Law?

When navigating the aftermath of a DUI accident, you do not have to face it alone. At Fielding Law, we understand the challenges you encounter and are committed to providing compassionate and effective legal representation. Our experienced attorneys will help you:

  • Understand Your Rights: We will guide you through the legal process and ensure you know your rights regarding compensation.
  • Build a Strong Case: We will collect evidence, speak with witnesses, and negotiate with insurance companies to build a robust case on your behalf.
  • Advocate for You: Our team will fight tirelessly to ensure you receive the compensation you deserve.

Take Action and Protect Your Rights

If you experience injuries in a DUI accident, understanding your rights and taking action is essential. By following the steps outlined above, you can safeguard your future and seek the compensation you deserve.

If you or a loved one has been injured in a DUI accident, reach out to Fielding Law at 833.88.SHARK. We are here to provide support and guidance during this difficult time. You do not have to face this alone—let us help you get back on your feet.

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

December 31, 2024
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