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Wrongful Death

4 people in black clothing at a gravesite

Who Can File a Wrongful Death Lawsuit in Arizona?

By Personal Injury, Wrongful Death

Losing someone suddenly is always devastating—but when that loss is caused by someone else’s negligence, it can feel even more painful. In Arizona, certain family members may have the right to file a wrongful death lawsuit to seek justice and compensation.

Knowing who is eligible and what a claim includes can help you understand your legal rights and take the next step toward healing.

Who Is Allowed to File in Arizona?

Under Arizona law, only specific people may file a wrongful death lawsuit. These include:

  • The surviving spouse of the deceased

  • The children of the deceased

  • The parent or guardian of the deceased

  • The personal representative of the estate, on behalf of these family members

If none of the above individuals are available, the personal representative of the estate can pursue the claim to benefit the estate or next of kin.

How Wrongful Death Differs From a Survival Action

Arizona law recognizes two types of civil actions after a death:

Wrongful death claims are filed by family members to recover for their own losses due to the death, such as loss of financial support, companionship, and emotional suffering.

Survival actions, on the other hand, are filed by the deceased person’s estate to recover for damages the person suffered before passing away—such as pain and suffering, medical bills, or lost wages during that period.

Both types of claims can sometimes be brought together, depending on the circumstances.

Damages Available in a Wrongful Death Claim

Arizona law allows eligible family members to recover both economic and non-economic damages. These may include:

  • Funeral and burial expenses

  • Loss of the deceased’s income or financial support

  • Loss of care, guidance, and companionship

  • Emotional pain and suffering

  • Medical expenses related to the final injury or illness (if part of a survival action)

The specific damages depend on the relationship between the deceased and the person filing, as well as the nature of the loss.

Why Hire Fielding Law

Wrongful death cases are deeply emotional, legally complex, and time-sensitive. At Fielding Law, we help grieving families understand their rights and pursue fair compensation with compassion and care. Our team works with top experts to prove liability, calculate losses, and hold the responsible parties accountable.

If you have questions about who can file a wrongful death lawsuit in Arizona, let us guide you through every step.

Call Fielding Law at 833.88.SHARK for a free and confidential consultation.

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

July 30, 2025
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Busy road at night with streaks of tail lights and headlights

Wrong-Way Drivers on the 73 Toll Road

By Car Accident, Catastrophic Injury, Wrongful Death

The 73 Toll Road runs through the heart of Orange County, California, connecting beach cities like Newport Beach and Laguna Beach to inland hubs like Irvine and Aliso Viejo. While it offers a fast and scenic alternative to crowded freeways, it has also become a troubling hotspot for wrong-way drivers on the 73 Toll Road. This alarming trend puts countless lives at risk — with wrong-way crashes causing nearly 300 deaths statewide each year in California alone. Nationally, these crashes are three times more likely to result in fatalities than other accidents, making awareness and prevention critical for all drivers.

Map of 73 Toll RoadA Growing Problem in Orange County

Wrong-way drivers on the 73 Toll Road in Orange County have become an alarming and all-too-frequent issue. This toll road, which runs from San Juan Capistrano through Laguna Niguel and Newport Beach, has seen a disturbing rise in wrong-way crashes—many of them deadly.

The consequences of wrong-way driving can be catastrophic, often resulting in head-on collisions that leave families shattered. These types of accidents tend to happen at high speeds and with little or no time for the other driver to react.

Where and Why It Happens

Several areas along the 73 Toll Road are considered high-risk for wrong-way drivers, including:

  • The Bison Avenue interchange

  • Bear Street exit and entry points

  • The connection between SR-73 and I-405

These incidents often occur late at night or early in the morning and are frequently linked to:

  • Impaired driving (alcohol or drugs)

  • Poor signage visibility at night

  • Driver confusion, especially for tourists or new drivers

Although the road itself is generally well-maintained, even one missed sign or moment of confusion can lead to devastating consequences.

What Drivers Can Do

Protecting yourself starts with awareness. Here are a few safety tips if you regularly use the 73 Toll Road or similar highways:

  • Stay alert, especially at night or during early morning hours

  • Avoid the fast lane — wrong-way drivers often appear in the far-left lane

  • Use your high beams when appropriate to increase visibility

  • Make sure you have a dash cam to document what happens in case of an incident

  • Call 911 immediately if you see a car going the wrong direction

You cannot predict the actions of others, but you can be prepared to respond quickly.

How Authorities Are Responding

Local agencies and The Transportation Corridor Agencies (TCA) have taken steps to reduce wrong-way incidents. Their initiatives include:

  • Installing “Wrong Way” and “Do Not Enter” signs with high-visibility reflectors or lights

  • Adding red pavement markers to warn drivers if they are heading in the wrong direction

  • Deploying wrong-way vehicle detection systems that notify authorities in real-time

  • Increasing patrols and DUI checkpoints near problematic interchanges

Despite these improvements, wrong-way crashes continue to threaten drivers in Orange County. Community education and infrastructure upgrades remain key to preventing future tragedies.

Why Hire Fielding Law

If you or a loved one has been injured by a wrong-way driver on the 73 Toll Road, you do not have to navigate the aftermath alone. Fielding Law understands the physical, emotional, and financial toll of catastrophic crashes. Our team is experienced, compassionate, and committed to holding negligent drivers accountable.

We have helped countless families seek justice, and we are ready to help you too. 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.

July 24, 2025
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Dark parking lot with negligent lighting and lack of security. It has a creepy feel

When Property Is Not Safe

By Assault, Personal Injury, Premises Liability, Wrongful Death

What Is Negligent Security?

Negligent security is when someone gets hurt because a property was not properly protected. Property owners have a legal duty to keep their spaces reasonably safe. This means they must take basic steps to help prevent crime or danger. When they fail to do that, and someone is injured, it may be a case for a negligent security lawyer.

If a person is assaulted, robbed, or otherwise harmed because of poor lighting, broken locks, or lack of security staff, the property owner may be responsible. A negligent security lawyer helps victims prove that the injury could have been avoided if the owner had taken proper safety measures.

In Arizona and California, property owners can be held legally accountable for what happens on their property. It is not just about criminal acts. It is also about whether the property owner ignored warning signs, past incidents, or known risks that put others in danger. These cases often involve serious injuries, emotional trauma, and lifelong effects.

If you or a loved one has suffered because of unsafe conditions on someone else’s property, you may have legal options. A negligent security lawyer can guide you through the process and help protect your rights.

Examples of Negligent Security

Some places do not do enough to protect visitors.

This can include:

  • No working lights in parking lots

  • Broken or missing locks

  • No cameras or broken security systems

  • Not trained security staff

  • Ignoring past crimes in the area

If these safety steps are missing and someone gets hurt, the property owner may be responsible.

Where It Can Happen

Negligent security can happen almost anywhere, such as:

  • Apartments

  • Stores or malls

  • Hotels

  • Bars or clubs

  • Concerts or events

  • Parking garages

If you or someone you love was hurt during a crime on someone else’s property, there may be a case.

What you may recover

If you were hurt because a place was unsafe, you might be able to get help for:

A skilled negligent security lawyer will help gather facts and show that the property owner could have done more to prevent your injury.

If you are unsure where to start, speaking with a negligent security lawyer can help you understand your options and protect your rights.

Why Choose Fielding Law

Getting hurt because a place was not safe can change your life. But you do not have to go through it alone. In both California and Arizona, unsafe property owners can be held accountable.

At Fielding Law, we listen, we care, and we act. Our team takes the time to understand your story and fight for what is fair. If you or a loved one has been hurt, call Fielding Law at 833.88.SHARK. We will help you move forward with strength, support, and compassion.

You Deserve Protection

Your safety matters. Whether you were shopping, working, or just visiting a location, you had the right to be protected. When that trust is broken, legal action may be the first step toward healing. You do not have to settle for silence. You have options—and Fielding Law is here to help.

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

July 21, 2025
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Delivery driver dropping off a package

Hurt in an Amazon Delivery Driver Accident?

By Car Accident, Pedestrian Accident, Truck Accident, Wrongful Death

The Rise of Delivery Crashes in Arizona

Amazon packages arrive at lightning speed—but sometimes, safety gets left behind.

In Arizona, multiple lawsuits have been filed against Amazon after individuals were injured by drivers delivering packages. These cases highlight a growing issue: rapid delivery demands mixed with potentially unvetted or undertrained drivers on the road.

One Arizona woman claims she was struck by an Amazon van while walking in her neighborhood. Another was injured when a delivery driver ran a red light. Both victims allege that Amazon and its delivery partners failed to ensure their drivers were properly trained and qualified. These cases may signal a troubling trend—and a need for accountability.

Who Is Responsible?

When a crash involves a delivery driver, figuring out who is liable is not always straightforward. In Arizona, delivery services like Amazon often partner with third-party contractors called “Delivery Service Partners” (DSPs). This can make it difficult to determine who bears legal responsibility—the driver, the DSP, or Amazon itself.

However, if Amazon knew (or should have known) that a delivery partner was hiring unsafe drivers, they may share some of the blame. This is where a legal concept called negligent hiring or negligent supervision comes into play.

A personal injury attorney can investigate:

  • Whether the driver had a history of violations

  • If they were properly trained and licensed

  • Whether delivery deadlines encouraged unsafe behavior

  • How much oversight Amazon exercised over the delivery company

What To Do After a Delivery Driver Hits You

If you are ever injured in an accident involving a delivery vehicle, here are a few important steps:

Why Hire Fielding Law

At Fielding Law, we understand how overwhelming it can feel to go up against a massive company like Amazon. That is why we focus on supporting individuals—not corporations. We know how to investigate these crashes, uncover evidence, and fight for the compensation you deserve.

If you or someone you love was injured in an accident with a delivery driver, do not wait.

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.

July 16, 2025
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Tesla on a street using autopilot

Tesla Autopilot Trial Raises New Questions

By Car Accident, Personal Injury, Product Liability, Wrongful Death

A Tragic Crash Now in Court

A federal jury in Miami is hearing a high-profile wrongful death case involving Tesla. The lawsuit stems from a fatal 2019 crash in Key Largo, Florida. According to reports, a Tesla Model S on Autopilot struck a parked SUV at highway speed. The impact killed 22-year-old Naibel Benavides Leon and injured her boyfriend, Dillon Angulo.

This case is especially notable because the victims were standing outside the vehicle. Most previous lawsuits involving Tesla’s Autopilot have come from passengers or drivers. This one could expand how courts view third-party claims.

Legal Claims Against Tesla

The plaintiffs argue that Tesla’s Autopilot system was defective and improperly marketed. They claim the company allowed drivers to use the system in areas where it was not safe. For example, they say Tesla failed to use geofencing to limit Autopilot to highways.

They also assert that Tesla gave the public a false sense of security. A 2016 promotional video showed a Tesla navigating city streets on its own. However, the company later admitted the video was staged. The plaintiffs now use this as evidence of misleading marketing.

Judge Beth Bloom allowed the jury to consider punitive damages. This decision suggests the court sees possible reckless behavior on Tesla’s part.

What the Data Reveals

Tesla denies any wrongdoing. However, the plaintiffs say the company withheld crash data that could show how Autopilot performed during the crash. They claim Tesla’s refusal to share logs raises concerns about transparency.

In addition, the driver of the Tesla, George McGee, admitted that he looked down to pick up his phone right before the crash. He also pressed the accelerator, which may have disengaged Autopilot. Despite this, the plaintiffs argue the system should have intervened. They say Autopilot could have detected the hazard and stopped the car in time.

Why This Case Matters

This trial could reshape how courts handle lawsuits involving advanced driver-assistance systems. It challenges both Tesla’s technology and its responsibility to the public. If the jury rules against Tesla, it could encourage stricter safety rules for semi-autonomous vehicles.

Federal agencies like NHTSA are already investigating Tesla’s self-driving features. A verdict in favor of the plaintiffs could push regulators to act more aggressively. It may also open the door for more third-party injury claims in the future.

What Victims and Families Should Know

Victims of crashes involving driver-assistance systems face unique legal challenges. These cases often require deep investigation. Attorneys must analyze crash logs, sensor data, driver behavior, and manufacturer decisions.

Fielding Law works with industry experts to uncover what went wrong. Whether a crash happened in California or Arizona, we can help you understand your legal options. Our team knows how to navigate claims involving complex vehicle technology.

Why Hire Fielding Law

At Fielding Law, we offer ethical, effective, and compassionate legal representation. We stay informed about emerging legal issues in vehicle automation and product liability. When a company’s negligence causes harm, we are here to fight for accountability.

If you or a loved one suffered injuries in a crash involving a semi-autonomous vehicle, you deserve answers. Contact Fielding Law at 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.

July 15, 2025
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Roadway Workers at a jobsite with safety gear on

How Tow Truck Drivers and Roadside Workers Can Stay Safe on Roadways

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

Working on or near roadways can be a dangerous task for tow truck drivers, landscapers, and other professionals. With traffic speeding by, it is essential to follow strict safety protocols to minimize the risk of accidents and injuries. Understanding roadway safety for workers is crucial to keeping workers safe while they perform their duties near moving vehicles. The following safety tips are essential for anyone working in these high-risk environments.

1. Always Wear High-Visibility Clothing

Wearing high-visibility clothing is crucial for any worker near traffic. Bright vests, jackets, or shirts with reflective strips ensure you are seen by drivers, particularly during low-light conditions like dawn or dusk. Roadway safety for workers starts with visibility, so make sure to wear proper gear to reduce the chances of an accident.

2. Use Warning Signals and Signs

Proper warning signals, such as reflective cones, flares, and signage, are essential for alerting drivers about work zones. Tow trucks should activate emergency lights, and workers should set up warning triangles or other visibility markers to enhance safety. Implementing these roadway safety for workers measures is key to reducing the risk of accidents.

3. Work with a Spotter

Whenever possible, have a spotter to help guide traffic and ensure workers remain safe. Spotters can signal when it is safe for workers to proceed and warn them of approaching vehicles, improving overall safety.

4. Set Up a Safe Work Zone

Creating a safe work zone is crucial to keeping workers out of harm’s way. Positioning vehicles in such a way that shields workers from traffic and using barriers or other protective measures can greatly reduce the risk of accidents.

5. Keep a Safe Distance from Moving Traffic

Workers should remain as far from moving traffic as possible. When working on the shoulder of a highway or in active lanes, it is vital to stay within designated work zones and avoid standing in traffic lanes.

6. Ensure Vehicles Are Properly Equipped

Tow trucks and other work vehicles should have safety features like reflective materials, warning lights, and properly secured equipment. These measures help make workers more visible and reduce the risk of accidents.

7. Always Be Aware of Your Surroundings

Maintaining awareness of the environment around you is essential for staying safe. Workers should avoid distractions and continuously monitor approaching vehicles, potential hazards, and any changes in road conditions.

8. Ensure Proper Training

Proper training is essential for anyone working on or near roadways. Tow truck drivers, landscapers, and other professionals should be well-versed in traffic laws, safety protocols, and how to handle hazardous situations.

9. Avoid Working in Bad Weather

Bad weather significantly increases the risk of accidents. Tow truck drivers and roadside workers should avoid working during conditions like heavy rain, fog, or snow unless absolutely necessary. When working in adverse weather, extra precautions should be taken.

10. Be Prepared for Emergencies

Emergencies can arise, even with all precautions in place. Tow truck drivers and roadside workers should be familiar with emergency first-aid procedures and know how to respond in case of an accident.

Why Hire Fielding Law?

If you are a roadside worker who has been injured in an accident while working near traffic, Fielding Law is here to help. Our attorneys are experienced in handling traffic-related injury cases and can help you secure the compensation you deserve. We understand the unique risks that come with working on or near roadways, and we are dedicated to helping you through the legal process. Contact us 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.

July 11, 2025
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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
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people boating in the ocean just off the share of california

How to Avoid a 4th of July Boating Accident in California

By Boating Accident, Catastrophic Injury, Personal Injury, Personal Watercraft (PWC) Accident, Spinal Cord Injury, Wrongful Death

California beaches, lakes, and bays are top destinations for 4th of July fun. From jet skiing in Marina del Rey to tubing in Big Bear, the water is a huge part of the holiday. But crowded waterways, inexperienced operators, and risky behaviors can quickly turn fun into injury. If you experience a 4th of July boating accident in California, knowing what to do next is key.

Common 4th of July Water-Related Accidents

Here are the most frequent causes of injuries on California waters during the holiday:

  • Jet Ski Collisions: Personal watercraft accidents often result from inexperience, excessive speed, or alcohol use. Riders can be thrown from the craft or crash into swimmers, boats, or docks.

  • Boating Accidents: A 4th of July boating accident in California is more likely due to crowded lakes and bays. Crashes, capsizing, or propeller injuries are common, often caused by distraction or impairment.

  • Tubing and Towing Incidents: When boats tow tubes or wakeboarders, miscommunication or erratic driving can cause serious crashes into docks, rocks, or other boats.

  • Parasailing Injuries: Faulty equipment, strong winds, or improper technique can lead to dangerous falls or hard landings.

  • Swimming Injuries: Lack of supervision or diving into shallow water can result in catastrophic injuries, especially spinal damage.

Water Safety Tips for Californians

To reduce the risk of injury and avoid a 4th of July boating accident in California, follow these safety tips:

  • Wear a U.S. Coast Guard-approved life jacket at all times.

  • Never operate a watercraft under the influence of alcohol or drugs.

  • Use a spotter when towing tubes or wakeboarders.

  • Choose parasailing companies that are licensed and maintain their equipment.

  • Avoid jumping into unknown or shallow water.

  • Watch for other boaters, swimmers, and floating debris.

  • Follow all posted signs and boating laws in California.

What to Do If You Are Injured

If someone’s negligence leads to your injury during a 4th of July boating accident in California, protect your rights with these steps:

  1. Seek Medical Attention Immediately – Your health comes first. Even minor injuries may become serious.

  2. Document the Scene – Take photos of the area, watercraft, injuries, and any equipment involved.

  3. Collect Witness Information – Get names and contact details of anyone who saw the accident happen.

  4. File a Report – Notify the Coast Guard, marina staff, or local law enforcement.

  5. Avoid Posting on Social Media – What you share online can be used against you later.

  6. Call Fielding Law – Speak with a personal injury attorney who understands 4th of July boating accident cases in California. We will evaluate your case and guide you through your legal options.

Why Hire Fielding Law?

At Fielding Law, we understand how quickly a fun day on the water can turn tragic. If you or a loved one was involved in a 4th of July boating accident in California, our experienced team is here to help. We provide compassionate and capable legal support for injury victims statewide.

Call 833.88.SHARK or contact us to schedule 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.

June 26, 2025
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A person in a car touching a phone

California’s No Touch Phone Law

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

What Is California’s No Touch Phone Law?

California’s No Touch Phone Law makes it illegal for drivers to hold and operate a phone while driving, unless the device is configured for hands-free use. Even briefly holding and using a phone to check directions or notifications is considered a violation. Phones must be mounted, and use must remain hands-free, with only a single swipe or tap allowed. This rule applies whether the driver is moving or stopped in traffic.

When Did the Law Go Into Effect?

California’s no touch phone law became more strictly enforced in June 2025 after a California Court of Appeal decision clarified the intent behind California Vehicle Code § 23123.5. The court confirmed that even briefly holding a phone while driving—without actively texting or calling—violates the law. This ruling strengthened existing distracted driving laws and eliminated common loopholes.

What Does the Law Mean for Drivers?

Drivers in California must now comply with the following:

  • Phones must be mounted on the dashboard or in a lower corner of the windshield

  • Only a single tap or swipe is permitted while driving

  • Voice commands may be used for calls, texts, and navigation

  • Drivers under 18 are prohibited from using phones at all, even hands-free

  • Emergency calls (such as to 911) are permitted

The law applies on all roads, whether you are driving on the freeway, stopped at a light, or in a parking lot.

Penalties and Consequences

The law is subject to primary enforcement, which means law enforcement can stop and cite a driver solely for violating this rule. The penalties include:

  • A base fine of $20 for a first offense, which typically increases to more than $160 after fees

  • A base fine of $50 for subsequent offenses, which may exceed $280 in total cost

Multiple offenses can also result in points on your license and increased insurance premiums.

Why Is This Law Necessary?

Distracted driving is one of the top causes of traffic collisions in California. Research shows that taking your eyes off the road for just five seconds while driving at highway speed is like driving the length of a football field blindfolded. Even quick glances at a phone can lead to serious injuries or fatalities.

Smartphones have made multitasking common, but the risks on the road are too high. This law exists to reduce crashes, protect lives, and make the rules around phone use clear and enforceable.

Tips to Stay Compliant

  • Mount your phone before you begin driving

  • Use hands-free features like voice assistants or Bluetooth

  • Enable “Do Not Disturb While Driving” mode

  • Set your GPS and music before starting the car

  • Pull over safely if you need to interact with your phone

Why Hire Fielding Law

At Fielding Law, we represent individuals who have been injured by distracted drivers throughout California and Arizona. If you were hurt in a car accident caused by someone using their phone behind the wheel, you may be entitled to compensation for medical bills, lost income, and pain and suffering.

We approach every case with professionalism, care, and a clear focus on helping our clients move forward. You do not have to face the insurance companies or legal process alone.

Contact Fielding Law at 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.

June 25, 2025
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Lifeguard station on a beach

What is Lifeguard Negligence?

By Personal Injury, Public Entity, Wrongful Death

Lifeguard Responsibilities

Lifeguards play a vital role in keeping swimmers and beachgoers safe. They are often the first to respond in emergencies, stepping in quickly to protect and assist anyone in danger, whether in the water or on shore. Although their dedication and effort remain at the heart of what they do, like all people, lifeguards are human and can make mistakes. While every case is unique and depends on the specific facts, here are some situations that may indicate negligence by a lifeguard or the public entity responsible for maintaining the pool or beach.

Warning Signs of Lifeguard Negligence

  • The lifeguard is distracted and looking at a phone.
  • The lifeguard is talking with friends or not watching the water.
  • The lifeguard station is empty and not posted warning of no lifeguard on duty.
  • No rescue equipment is visible or within reach.
  • Lifeguards are not rotating or scanning their zone.
  • The swimming area is overcrowded.
  • No clear rules or signage are posted.
  • Lifeguards appear tired, bored, or disengaged.

These warning signs often indicate that something more serious could follow, especially when the responsibility may lie with the lifeguard.

Pool Scenarios Involving Negligence

While every case is unique and depends on the specific facts, below are some common scenarios that may indicate negligence by a lifeguard or the public entity responsible for maintaining the area.

Lifeguard at Fault Scenarios
  • Not rotating stations or taking breaks, reducing alertness.
  • Looking in a fixed direction for too long or scanning too slowly, missing struggling swimmers.
  • Failing to prevent swimmers from running, roughhousing, or entering restricted areas.
Public Entity Fault Scenarios
  • Failing to clean up litter or debris that can cause cuts or injuries.
  • Lifeguards lacking proper rescue training or delaying CPR.
  • Not displaying a “No Lifeguard on Duty” sign when required.

Beach Scenarios Involving Negligence

Lifeguard at Fault Scenarios
  • Hesitating to respond to a swimmer in distress.
  • Leaving a post or assigned zone without a replacement.
  • Lacking knowledge of rip currents or other natural hazards.
Public Entity Fault Scenarios
  • Not posting flags or warnings for hazards like strong currents or jellyfish.
  • Insufficient lifeguard staffing for the day.
  • Failing to post a “No Lifeguard on Duty” sign for public awareness.

What Compensation May Be available?

If you have been injured and it has kept you from working, you may be entitled to compensation for lost wages to help ease the financial burden. We also understand how deeply pain and suffering affect your life, and monetary compensation may help acknowledge that hardship. In the devastating event that an injury results in the loss of a life, you and your family might be able to seek support for funeral expenses and the emotional pain that comes.

Minor’s Compromise Cases in Lifeguard Negligence

When a child is injured, they cannot file a legal claim on their own. A parent or guardian must do it for them. To ensure the child’s best interests are protected, any settlement usually needs court approval. In many cases, the money is placed in a trust or saved until the child turns 18. Parents can often recover medical expenses, while children may obtain compensation for trauma, pain, or lasting effects from the injury.

How can Fielding Law Help

Our goal is to help you gain clarity during this difficult time, especially if you are unsure whether the responsibility lies with a lifeguard or the facility itself. Understanding who may be at fault can be an important step in moving forward, and whenever you are ready, know that we are here to assist you. Call Fielding Law 833.88 SHARK for your 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.

June 24, 2025
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