KRA Legal, PCKRA Legal, PC2024-03-19T17:22:52Zhttps://www.kralegal.com/feed/atom/WordPress/wp-content/uploads/sites/1303497/2023/07/cropped-KRA-Legal-site-icon-32x32.pngOn Behalf of KRA Legal, PChttps://www.kralegal.com/?p=461512023-07-21T14:54:59Z2023-06-08T07:00:00ZWhat Are California Dog Laws?
California’s strict liability law makes pet owners liable for the harm or injuries their dog causes to another person. A dog owner will be held accountable if they knew or should have known that their dog was dangerous. That means a dog owner can’t argue in defense that they didn’t realize that their dog was a threat, and if harm occurs, they must pay.
Before acquiring a dog as a pet, a dog owner should choose a less dangerous breed. Doing so reduces innocent victims’ exposure to harm if the dog attacks under unexpected circumstances. A skilled personal injury attorney in California provides an overview of the most dangerous dog breeds.
However, it’s important to note that there’s no such thing as a “safe” dog breed. All dogs, regardless of their past calm behavior, can become dangerous anytime. This list is based on the breeds’ reputation and the number of reported attacks in the past.
What Are Dangerous Dogs?
A potentially dangerous dog has done any of the following in the past:
Bitten someone or caused an injury
Performed some act that required the victim to take defensive action to prevent bodily harm off the owner’s property
Injured or killed a domestic animal off the owner’s property
What Are Vicious Dogs?
Vicious dogs are those that meet the following conditions:
Have been listed as potentially dangerous and continue to exhibit dangerous behaviors
Have severely killed or injured someone without provocation
Have been seized as a result of engaging in dog fighting under the owner’s watch, which is a crime under Penal Code 597.5 PC
If you’ve sustained injuries due to an attack by a dangerous or dangerous dog, contact a skilled dog bites lawyer in Torrance for legal counsel. The lawyer can evaluate your case and help you file a lawsuit against the owner to recover compensation for the damages.
Pit Bulls
Pit bulls are by far the most dangerous dogs, although they are nowhere near the largest. They are fearless, and the strength in their jaws makes them lock into the victim’s flesh without the intention of letting go until the victim is dead.
German Shepherds
The breed is popular nationwide and used as a police dog and service animal. The dog is known for being intelligent and loyal, making it an ideal protective family pet. However, the breed’s fierce streak makes it deadly in the face of a threat.
An attack by a German Shepherd will likely leave you with life-altering bite wounds and injuries. An aggressive dog bites attorney in Torrance can help you hold the dog owner liable to recover the compensation you deserve for the damages.
Doberman Pinschers
The Doberman Pinscher is a unique dog breed with iconic ears, a powerful physique, and a confident stance. While the dog is popularly domesticated and gentle around children and elders, it can suddenly bite or attack out of fright, danger, excitement, or nervousness.
Even dogs without a history of aggressiveness can bite as a defense mechanism when under pressure. If you’re a victim of a Doberman Pinscher’s attack or bite, talk to a Torrance dog bites attorney for legal help.
Rottweilers
Rottweilers can be trained to become docile family pets in the hands of a dedicated owner. However, depending on various circumstances, they can be either loving and affectionate or unfriendly and aggressive. The Rottweiler breed is powerful, intelligent, and strong-willed, qualities that can be exploited to the benefit or harm of those the dog comes into contact with.
Siberian Husky
Siberian Huskies have a reputation for athletic stamina exhibited during Alaskan sled racing. They have endless energy and intelligence that requires daily mental and physical stimulation. Sadly, they can quickly become frustrated and act aggressively toward their victims. Their unpredictable personality is one of the reasons their bites can be so severe.
Chow Chow
Chow Chows are often aloof and independent. They are highly territorial and act aggressively in response to other dogs or strangers who enter their territories. However, they can become overly aggressive if they lack enough attention or are poorly trained.
Are There Restricted Dog Breeds in California?
California places restrictions on a few dog breeds, including the following:
American Pit Bull Terrier
American Staffordshire Terrier
Staffordshire Bull Terrier
However, just because a dog is on this list doesn’t mean homeowners can’t own it. The condition is that the dog must be licensed and spayed or neutered if over four months old. Despite the laws in place, many people still suffer bites and attacks from outlawed dog breeds in California.
Don’t suffer in silence if you or your loved one are a victim of dog bites by restricted dog breeds. Contact an experienced personal injury attorney in California for legal counsel and representation.
What Should I Do If a Dog Attacks Me?
After a dog attack or bite, one crucial step is to identify the dog and where it lives. Then, get immediate medical attention to assess the extent of the injury and get treatment. Even bites that you think are minor should be checked out to prevent them from developing severe infections. Your healthcare provider will advise you whether to get a rabies shot.
Then, contact a skilled dog bites attorney in Torrance, CA. They can investigate the matter and collect all the necessary evidence to help you create a solid case to recover compensation for the injuries.
An Experienced Personal Injury Attorney Assessing Your Dog Bite Case
Even the most well-cared-for dogs can become dangerous and vicious at any point without provocation. Dog owners are responsible for ensuring their dogs don’t attack people, and they should be held liable for the injuries or damage the pets cause to their victims. If you’re a dog bite victim, you need expert legal representation to ensure you recover total compensation.
Our dog bite attorney in California can investigate your case and help you demand compensation for the medical expenses, loss of income, loss of earning capacity, disfigurement, and pain and suffering caused by the attack. Call the legal team at KRA Legal, PC, at [nap_phone id="LOCAL-REGULAR-NUMBER-1"] to schedule a FREE case evaluation.]]>On Behalf of KRA Legal, PChttps://www.kralegal.com/?p=461502023-07-21T14:55:07Z2023-05-29T07:00:00ZHow Many Car Accidents Happen Annually?
The National Highway Traffic Safety Administration reported that more than 35,000 fatal car accidents occurred on roadways across the United States in 2020. In 2022, approximately 31,000 people died in traffic crashes within the year’s first nine months. These statistics show how common collisions are on U.S. roadways.
Whether you’re a driver or a passenger, your chances of getting injured in a car accident increase with certain factors. With inattentive, impaired, or reckless drivers on the road, it seems more likely than not that you could get into a crash. A personal injury attorney in California talks more about your odds of being injured in an accident and what you could do to protect yourself.
What is the Probability of Getting into a Car Accident?
Your likelihood of getting into a collision and the extent of your injuries depends on various factors, such as the following:
Whether you live in an urban or rural location
The weather conditions
Road conditions
The time of day
How many miles you travel in your car
The type of vehicle you travel in, among other factors
Statistics show that approximately 77% of motorists in the U.S. have been involved in at least one accident in their lifetime. The average driver will file an insurance claim for a car accident once every 18 years. That means there is a chance of getting into a collision three to four times in a lifetime. Consult a skilled car accident attorney in Los Angeles for legal action after an accident.
What Causes Car Crashes?
The likelihood of avoiding a crash is often slim. However, the question arises about whether the driver is always a factor in causing car accidents. People often argue that a specific social group or class causes more accidents than others. The following factors contribute to the likelihood of a car crash:
Older drivers: They tend to drive considerably less than other drivers. On a mile-by-mile basis, drivers over the age of 70 are often involved in non-injury and non-fatal accidents
Teenage drivers: They are four times more likely to be injured in an accident than drivers over 20. Lack of experience, road aggression, and the need to explore put them in dangerous situations that increase their risk of being injured
Men and women: Men drive more than women, hence are involved in more accidents. They tend to have a higher risk of being in fatal accidents than women.
Distracted Driving
Distracted driving is a common factor in all accidents. Most drivers are guilty of the offenses, given the era of mobile phones and car entertainment systems contributing to distracted driving. Younger drivers are most likely to get into car crashes due to distracted driving, especially when driving with several friends in the car.
Drunk Driving
Drinking and driving continue to be the most significant cause of car accidents. The dire situation forms the focus of most national accident prevention programs. If you have been a drunk driving victim, contact a skilled car accident attorney in Los Angeles to help you file a claim. They can fight aggressively to ensure you get the compensation you deserve.
Road Rage
Aggressive driving cases are more common today than they were in the past. Speeding and jumping traffic lights are some consequences of road rage associated with injury accidents. Speeding increases the risk of collisions and the risk of fatal injuries.
Speeding is a common problem in the United States, with some states more affected than others. If you’ve been injured in a car accident by a speeding driver, consult a skilled personal injury attorney in California and let them help you pursue legal action against the negligent driver.
What Increases the Likelihood of Being Injured in a Car Accident
Getting into an accident doesn’t always translate into injuries. However, certain factors pose a higher risk of sustaining injuries after a collision:
Not using a seatbelt
Driving while impaired
Distracted driving
Not obeying the speed limits
Not properly buckling children in the back seat, car seat, booster seat, seat belt, or whichever is appropriate for their age
How Can I Avoid Being in a Car Accident?
If the statistics are anything to go by, the likelihood of being injured in a car accident is higher than you could imagine. While you can take measures to avoid getting into collisions, the truth is that you can’t control other drivers on the road. However, knowing what causes road accidents can help you reduce the odds of being injured in an accident.
Avoid being distracted when driving. If you have poor night vision, avoid driving at night. Consider reducing the miles you go if you can. If you get injured in an accident despite taking preventive measures, don’t suffer alone in silence. Reach out to a car accident attorney in California to help you pursue the necessary legal action.
Legal Guidance From a Reputable Personal Injury Attorney
Some types of car accidents are more likely to result in injuries and fatalities than others. Drunk driving, distracted driving, and speeding are some top reasons for car accidents that cause injuries.
Regardless of the cause of your accident, you deserve compensation if you sustain injuries due to the actions of a reckless driver. Let a personal injury lawyer in Los Angeles help you pursue compensation.
Our law firm provides legal counsel and representation for car accident victims. We understand how devastating it can be to suffer for the actions of a negligent driver. Our personal injury lawyers in Los Angeles want you to focus on healing as we fight your legal battle. Call KRA Legal PC at [nap_phone id="LOCAL-REGULAR-NUMBER-1"] to speak with an experienced legal counsel.]]>On Behalf of KRA Legal, PChttps://www.kralegal.com/?p=461802023-07-21T14:55:11Z2023-03-09T08:00:00ZWhat Does the California Dog Bite Law Say?
Dog bites can happen when least expected, and the consequences can be devastating. Even the best-behaved dogs can suddenly lash out when startled, leaving the owner and the victim in shock. The situation can be contentious, but the dog bite law in California comes in to help both parties know what’s expected of them.
California is a strict liability law state. Civil Code 3342 stipulates that the dog owner shall be liable for the damages sustained in a dog bite case. The law applies whether the attack happened in a public place or lawfully in a private location such as the owner’s residence. Dog bite victims can consult a personal injury attorney in California to file a claim against the dog owner.
Examples of Strict Liability Scenarios
The strict liability rule contrasts with the one-bite law that applies in some other states, in which the dog owner would not be held liable for the injuries their dog inflicts on a victim unless the dog has a bite history. The following are surprising scenarios where the strict liability rule would be applicable:
A dog attacks another dog, knocking down the owner or someone else during the attack. If the other person sustains injuries, the dog owner could be held liable even if both dogs were on leashes.
A person lawfully steps into someone’s property, for example, a guest or salesperson, and the dog attacks them. The homeowner would be fully liable for the injuries and any resulting complications. In some special circumstances, the owner may also be responsible even if the victim was unlawfully on the premises.
Dog bites can lead to costly medical bills, loss of earning capacity, lost wages, and the cost of rehabilitation. Depending on the case circumstances, the victim’s dog bites lawyer in Torrance may also help them recover compensation for other damages like pain and suffering suffered due to the injuries.
So, as a dog owner, you must take the necessary steps to keep your dog in check and prevent it from attacking people.
What If the Dog Belongs to Someone Else?
The strict liability law in California applies to any dog harborer, owner, or possessor. Even if the dog was under your watch at the time of the incident but belongs to someone else, you could still be held liable for the injuries. If it was a stray dog, premises liability rules could apply in your situation.
The rule states that property owners are responsible for most accidents and injuries within their premises. You could be held liable for the damages if a California personal injury attorney finds that a prudent and reasonable property owner would have taken steps to prevent an attack.
How Can You Protect Yourself?
Since you never know when your dog might attack someone, the first step to protect yourself would be to get homeowner’s insurance. Personal liability coverage in your home insurance can cover compensation claims in dog bite cases.
Most home insurance policies come with a $100,000 cover in personal liability, but the average claim is often less than that amount. Sometimes, the claim amount may exceed the insurance amount. In that case, the dog owner could be financially responsible for the remaining settlement.
Dog Breeds Not Covered by Home Insurance
Some dogs can be more aggressive than others, and those that top the list are:
Rottweiler
Terrier
Mixed breed
Pitbull
German shepherd
Most of these are not covered in home insurance policies, so consult a skilled dog bites attorney or your insurance agent to ensure you benefit from adequate coverage.
Can A Dangerous Dog Be Euthanized in California?
While the strict liability dog bite statute applies regardless of the dog’s bite history, another law makes dog owners responsible for taking reasonable steps to make their dogs less dangerous. The measures also prevent the possibility of future attacks if the dog has a history of biting people.
The law allows anyone to file a civil lawsuit against someone whose dog has bitten the same person twice in separate incidents. They can also file a lawsuit against the owner of a trained dog that caused severe injuries to someone, even in a single incident. In such circumstances, the court may order the owner to remove the dog from the area or destroy it (euthanized).
Exceptions to the Rule
Exceptions to the rule are if the dog is a working police or military dog or a dog with a history of attacking trespassers. If the court also determines that the dog is potentially dangerous, it may rule that the dog be kept indoors or in a fenced yard. Other options are to secure it on a leash under the control of a responsible adult.
Depending on the circumstances, the court may also prohibit a dog owner from owning a dog for up to three years. A dog that isn’t euthanized must be controlled to protect the public. Dog owners of vicious dogs will be fined for violating these restrictions.
Skilled Legal Counsel and Representation Against Dog Bite Charges
Dog bite victims may file a civil lawsuit against a dog owner to seek compensation for their injuries in a dog attack. Torrance dog bite attorneys can investigate the case’s circumstances and help them prove dog owner liability. To protect yourself from dog bite lawsuits, take the necessary steps stipulated under California dog bite statutes.
We have skilled and experienced dog bite attorneys who provide aggressive legal representation for dog bite victims. We know how devastating the consequences of a dog bite can be, and therefore hold that dog owners should be responsible for their dogs. If you’re a victim of dog bites in California, don’t suffer alone in silence. Contact us for a FREE case assessment.]]>On Behalf of KRA Legal, PChttps://www.kralegal.com/?p=461812023-07-21T14:55:16Z2023-02-23T08:00:00ZHow Do Truck Accidents Happen?
Trucks are heavy and massive, taking longer than smaller cars or pickup trucks to slow down in the face of danger. Common ways through which truck accidents happen are the following:
Distracted driving, where the driver could be texting or eating while driving
Poor maintenance of the truck
Fatigue among some long-distance drivers
Injuries sustained after an 18-wheeler accident can be life-threatening, and living with the consequences can be devastating. That’s why you should seek compensation to help you rebuild your life. An experienced personal injury lawyer in California can investigate the circumstances that led to the accident, determine liability, and help you fight for compensation.
How Will My Lawyer Gather Evidence to Determine Liability After a Truck Accident?
A skilled Torrance truck accident attorney has the knowledge to review various data that points to who or what might have caused the accident. The information they collect can help them create a strong case to bring a lawsuit against the liable party. The evidence they collect includes the following:
Police reports
Eyewitness statements
The driver’s activity logs to determine if they were working beyond the required hours.
CCTV footage of the accident scene
Accident reconstruction reports from accident investigation specialists
They may even download crucial data from the truck’s “black box” that records various events. However, they may need a court order to access the truck’s recorded events and examine the wrecked truck.
If you file a compensation lawsuit by yourself, you may not have access to all this data, and that’s why you should hire an experienced and aggressive Torrance truck accident lawyer to fight for you. A compassionate lawyer who wants to help you focus on your recovery will only rest once they win the compensation you deserve.
When is the Driver Liable for the Injuries I Sustained in a Truck Accident?
Driver error is a common cause of 18-wheeler accidents in California. While most truckers take their jobs seriously, others are negligent while driving. A thorough investigation of the events leading to the accident is crucial to determine the driver’s negligence. The driver is directly liable if they were:
Distracted at the time of the accident, for example, using the cell phone
Driving under the influence of alcohol or drugs, including prescription medications
Speeding or moving too fast under the conditions surrounding the accident
Reckless aggressive, such as cutting other drivers off or tailgating
Not paying attention to traffic signs
Falling asleep while driving
In some situations, the driver’s actions may have neem influenced or forced by the trucking company that employs them. Your personal injury attorney in California may want to investigate this to ensure they don’t hold the driver liable for no fault of their own.
When is the Trucking Company Liable for the Accident?
Trucking companies are required by law to protect their drivers and ensure their safety while on the road. Sadly, companies that employ truck drivers don’t always make corporate decisions that benefit their employees. Many drivers are often caught in a system that compromises their safety and promotes risky driving behaviors.
When trucking companies contravene laws intended for the safety of truck drivers, they can be held liable for the damages in an accident. The company may be found guilty if:
They violate the driver’s working hours by pushing them to work longer than necessary without a break
Failure to properly inspect or maintain the truck
Not following the standard hiring procedures
Encouraging drivers to stay awake by using stimulants
Failing to provide adequate training for the drivers
Once your truck accident attorney in Torrance establishes that any of these conditions led to the accident that caused your injuries, they can help you file a lawsuit. They can also handle the case on your behalf so that you don’t have to deal with the back and forth of the case progress.
What if Multiple Parties Caused the Truck Accident?
In some cases, neither the driver nor the trucking company is responsible for the accident. Other parties that could be held liable for your injuries are the following:
Truck owner: The truck owner, driver, and owner are sometimes different parties. The owner might be liable if they didn’t inspect the truck, check fluid levels, safeguard the engine’s functionality, or maintain it properly.
Passenger vehicle drivers: Drivers of smaller passenger cars may be liable for a truck collision, for example, for making an illegal turn or cutting off the truck driver, causing them to lose control of the truck
Vehicle parts manufacturers: Some truck accidents happen because of a defective truck part that fails to work correctly. For example, faulty brakes on the highway can lead to a crash because the driver cannot safely bring the truck to a halt.
Shipping companies: Failure to load cargo safely by the shipping companies can cause an imbalance on the vehicle, loss of control by the driver, or tire blowout, all of which can lead to a truck accident. Once your lawyer establishes negligence by the shipping company, they can hold them liable for your injuries and pursue them for settlement.
Determining liability is not always straightforward, and proving the claim requires looking into several factors. Contact an experienced Torrance truck accident lawyer as soon as possible and let them fight for the compensation you deserve.
Legal Guidance in Proving Liability in a Truck Accident
18-wheeler accidents can have devastating consequences, and it’s crucial to pursue compensation to help you rebuild your life after an accident. However, proving lability can be complex, given that multiple parties could be responsible for causing the accident. Given the complexities, working with an experienced truck accident lawyer in California is your best bet at recovering damages.
Our lawyers have many years of experience in truck accident cases and would be happy to sit down with you and listen to your side of the story. We can investigate the claim and provide the legal counsel you need to understand the risks and options. Contact us to schedule a FREE in-depth case evaluation.]]>On Behalf of KRA Legal, PChttps://www.kralegal.com/?p=461792023-07-21T14:55:21Z2023-01-11T08:00:00ZWhat is the California Dog Bite Law?
According to California Law, Section 3342, a dog owner is liable for damages the dog causes to a victim when it attacks or bites them. The dog bite can occur in a public or private place, including on the dog owner’s premises.
One-Bite Rule
The one-bite rule is lenient to dog owners in cases where their dog has never caused injuries to anyone before. After the dog causes injuries for the first time, the owner will be held liable if it subsequently attacks someone. The reason is that the owner should have known their dog is vicious and taken precautionary measures to prevent another attack.
While the dominant dog bite law in California is the strict liability law, the one-bite rule may apply under the following circumstances:
The victim was trespassing
The victim works with dogs
The defendant wasn’t the dog’s owner
Proving your case under this rule can be complex as the court requires you to show that the dog has bitten someone else before. A skilled Torrance dog bites lawyer can help you gather the relevant evidence to help you build a strong case.
Strict Liability Law
Under the strict liability rule, a dog owner can be liable for such damages even if the dog has never been vicious. The law applies to victims of dog bites while legally on the dog owner’s property. Examples are guests and people conducting business on the property, for example, contractors.
The exceptions to this rule are:
Dog bites caused by a dog used by the police or military in the line of duty
Dog bites that happen in “self-defense,” meaning that the dog was defending itself from harassing, provoking, or annoying act
Injuries caused by a dog’s jumping or scratching, although the victim has the right to file a negligence claim against the dog owner
The state also has laws that impose additional responsibility on the dog owner if it has previously attacked someone. The owner must take reasonable care to prevent further bites from happening in the future. In a subsequent attack, the district attorney will assess the measures the owner took to prevent more attacks. Let a dog bites lawyer in Torrance represent you for the best-case outcome.
Why Does California Not Follow the One-Bite Rule?
The reason California doesn’t follow the one-bite rule is the presumption that conditions other than a previous bite will put a dog owner on notice. The conditions include the following:
The dog has been trained to attack or fight back
The dog’s breed is known to be dangerous or aggressive
The dog has been provoked or mistreated, causing it to lash out at the slightest provocation
The dog is in circumstances that cause it to exhibit aggressive tendencies, for example, when recovering from injuries or protecting its puppies.
The state’s laws assume that the owner should know the dog’s characteristics. With that knowledge, they should be able to handle their animal to keep them and people safe.
Are There Specific Dog Breeds Considered Dangerous in California?
California doesn’t outlaw any specific dog breed under the strict liability statute. However, it does mention specific dangerous breeds in breed-specific laws. For example, the law outlines that a pit bull terrier should be spayed or neutered.
What Are the Common Dog Bite Injuries?
Dog bite injuries entail more than just the actual bite. A victim attacked by a dog could lose their balance and fall, sustaining substantial physical and psychological injuries.
Typical dog bite injuries include:
Traumatic brain injuries
Broken bones
Neck injuries
Spinal cord injuries
Permanent scarring
Wounds
An experienced dog bites lawyer in Torrance can assess the extent of the injuries and determine a fair compensation amount for the damages. They can also provide legal representation in court for the most favorable outcome.
What Damages Can I Recover in a Dog Bite Case?
Victims of dog bites can seek recovery and compensation for the following damages:
Medical bills associated with treating the dog bite injuries
Lost wages for victims who are unable to work as a result of the injuries
Psychological wellbeing
Pain and suffering
Physical or occupational therapy
Scarring and other damages arising from the attack as determined during the case assessment
If the injuries become fatal, the victim’s family can seek compensation for wrongful death.
A Compassionate Dog Bites Attorney Fighting for Fair Compensation
Dog bite injury cases can be tough to navigate under the strict liability laws in California. When pursuing compensation for injuries, it’s in your best interest to have an experienced lawyer from our personal injury law firm in Torrance represent you. A dedicated lawyer can help you create a solid case to fight for the maximum compensation you deserve.
Our attorneys take personal injury cases seriously and fight aggressively to defend the client’s rights. We are committed to helping them maximize their potential recovery while giving them the support they need as they heal and rebuild their lives. Don’t wait too long to file a claim. Contact us to schedule a FREE case assessment.]]>On Behalf of KRA Legal, PChttps://www.kralegal.com/?p=461742023-07-21T14:55:25Z2023-01-08T08:00:00ZCalifornia personal injury law firm perspective, one of the factors that can complicate the claim process is your recorded statement to the other driver’s insurance company.
It would be best to seek legal guidance on whether to give a recorded statement and, if yes, at what point.
Why Do Insurers Want Recorded Statements?
Once you file a compensation claim after an accident, loss adjusters will investigate it to determine a compensation amount. Their job is to verify that you suffered losses in the accident and clarify the loss extent.
One of the ways they do this is by collecting police reports, witness statements, incident reports, and the claimant’s statements to get a complete picture. Insurance adjusters will want to speak with you to collect details of what happened during the accident.
The Danger of Accepting to Give a Recorded Statement
Insurance agents will always try to shortchange claimants out of the total compensation they deserve. So, they might use your statement to interpret your injuries and the damages as less severe than they are to lower your claim’s value.
Insurance adjusters might pick out isolated points in your statement and can compare them to the report you gave the police to establish inconsistencies. While some details in your story might change if you have to tell it repeatedly, the insurer may claim that you lied, which might work against you.
That’s why you should be cautious about giving a recorded statement to an insurance company. The best thing would be to consult a car accident attorney in California and have them speak to the adjusters on your behalf. Besides, you’re entitled to postpone stating your facts until you’re mentally and physically prepared and in the presence of a lawyer.
Am I Legally Obligated to Give a Recorded Statement to an Insurer?
You are not obligated to give an insurance company a recorded statement. However, they will try to convince you that a recorded statement is required to process your claim. Others will tell you that you must provide a recorded statement, but before you say anything, consult a car accident lawyer in California to understand your legal options and the risk involved.
If you must give a recorded statement, California personal injury law firm will help you make the right choice. Here are some factors the lawyers will help you consider:
Which Insurance Company Does the Adjuster Represent?
If the insurance adjuster represents your insurance company, the policy may require that you reasonably cooperate with the investigator. Your responsibility includes providing information about the accident, which may consist of a recorded statement. However, you have no obligation to give a recorded statement to the other driver’s insurance company.
If you and the other driver have the same insurance company, finding out who the insurer represents before giving your account is critical. Your insurance provider may require a recorded statement for various reasons, even if you were not at fault in the accident. For example, you might need to file a claim with your provider if the other driver lacks insurance.
Who Was at Fault in the Accident?
In accidents where fault cannot be determined automatically, the other driver’s insurance company may try to assign some blame to you. You should therefore maintain caution when responding to their questions about your speed, how much time you had to react, or other factors surrounding the accident.
The adjuster might exploit any inaccuracies in your statement to argue that you had enough time to avoid a collision even if you were not at fault. Consult a skilled California car accident attorney to help you give an accurate statement and to minimize the risk that the adjuster will take advantage of your inexperience in answering their questions.
What Should I Keep in Mind When Giving a Recorded Statement?
If you agree to give a recorded statement to an insurance adjuster, whether they represent your company or the other driver’s insurance provider, here are some essential things to keep in mind:
Ensure You Hear and Clearly Understand the Question
Take your time answering the adjuster’s questions. Pause and reflect to allow yourself enough time to think about the possible impact of your answer. Ensure you understand all of the words used and if unsure, ask the adjuster to repeat or rephrase the question.
You also must be wary of trick questions that adjusters typically ask to trap claimants. For example, they might ask how you’re feeling. If you’re too quick to say that you feel fine, they can use your answer as an admission against interest. Generally, an accident victim with injuries isn’t supposed to feel well, especially if still undergoing treatment.
Control Your Answers
Provide clear, complete, and audible answers when asked about the accident. Avoid nodding or shaking your head, as these responses may appear in the transcript and may be misinterpreted. Only explain your answers within the scope of the questions, and don’t think out loud.
If asked about the injuries, tell the investigator about everything that hurts, and don’t just summarize what the medical practitioners told you at the hospital.
A Strategic Legal Professional Protecting Your Rights After an Accident
Investigators will likely reach out to you for a recorded statement if you were injured in an accident and want to file a claim. It’s in your best interest to be careful with your answers, keeping in mind that you’re not obligated to record a statement with the other driver’s insurer.
If you must give a recorded statement, it should be after you talk to an experienced California car accident lawyer. An experienced lawyer at our firm can guide you on what to say and what to avoid to prevent the adjuster from undervaluing your claim. Contact us to schedule a FREE in-depth case evaluation.]]>On Behalf of KRA Legal, PChttps://www.kralegal.com/?p=461732023-07-21T14:55:29Z2022-12-09T08:00:00Zpersonal injury law firm in California to help you fight the charges and protect yourself from having your license suspended.
What Are My Responsibilities as a CDL Holder in California?
Professional truck drivers must have a commercial driver’s license (CDL) to earn a paycheck. Any individual who holds a CDL has an enhanced responsibility to comply with the rules and regulations of the road. Any traffic citation, whether light or severe, can lead to the suspension or revocation of the license.
Revoking your license could impact your personal life by making it impossible to earn a living. It also comes with the risk of hefty fines and penalties. If your CDL license is suspended for violating various truck driver rules, you can hire a truck accident attorney in Torrance to defend you and fight to reinstate your license.
What Are the Rules and Regulations for Truckers in California?
The Federal Motor Carrier Safety Administration (FMCSA) aims to maintain safety in the commercial trucking industry by imposing federal laws for trucking companies and drivers. Some of them include the following:
A maximum speed limit of 55 miles per hour when driving on a California freeway as stipulated in California Vehicle Code 22406 CVC
Reckless driving laws
DUI laws
Limitation on hours of service
Truck and load weight and length
Rules and CalTrans-approved routes
Truck lane rules
A commercial truck driver must be aware of all these rules and regulations, as ignorance of the law is no defense. However, if you got into an accident for violating a regulation you knew nothing about, don’t go to trial alone. Contact a Torrance truck accident attorney for legal representation.
How Do Truck Drivers Violate Regulations?
Unfortunately, despite knowing they could have their CDL suspended for violating rules, many truck drivers still find themselves on the wrong side of the law. Common truck driver violations include the following:
Hours of Service Violations
The FMCSA stipulates the recommended hours of service regulations to reduce the rate of drowsy and fatigued truck drivers. The regulations limit how long a person can be behind the wheel without taking breaks. The number of hours per shift for each driver depends on the schedule and what the truck is carrying.
The administration also imposes sleeper berth provisions. Truck drivers must take specific breaks after every so many hours of driving and rest in their sleeper berths. Ignoring this requirement could lead to fatigue and a severe collision. If you have been liable for a truck accident for ignoring this requirement, contact a truck accident lawyer in Torrance for assistance.
Truck Lane Violation
Many states, including California, impose laws that limit the lanes for use by larger trucks. That’s mainly because encounters with trucks and large commercial vehicles are often troublesome for passenger car drivers. Truck drivers can prevent dangerous accidents by using the allocated lanes to promote smooth traffic flow.
Trucks are supposed to stay in the far right lanes to allow smaller cars that want to go faster to use the lanes on the left side. In California, there are restrictions and truck-only lanes on highways. So:
Use the designated lane if there is a truck-only lane.
Keep to the far right if there’s no designated lane.
You can use the second to the right lane if the highway has four or more lanes
If you want to overtake another car, use the far right lane or the second to the right-hand lane. Return to the far right lane as soon as you pass, especially on a three-lane highway.
CalTrans Approved Routes Violation
The California Department of Transportation posts signage that truck drivers must follow while driving on California highways and freeways. Sadly, many drivers don’t abide by the signs that direct them from highways or freeways that may be unsafe for large trucks.
Drivers sometimes don’t follow the signage directions, putting themselves and others in danger. Violation of approved routes attracts hefty penalties, but a Torrance truck accident attorney can help you defend yourself.
Violating Truck Length and Load Weight
Trucks that haul trailers should not exceed the maximum recommended length of 53 feet under federal and California law. Trailers that exceed the maximum length often cause accidents by colliding with passenger cars and other vehicles due to insufficient turning clearance.
Weight requirements must also be followed, whether the truck is towing a trailer or not. Under California law, the weight must be at most 80,000 pounds, with each axle holding a maximum of 20,000 pounds.
Trucks that exceed the recommended weight often have difficulty stopping when on a decline because of weight restraints on the brakes. The weight could also crash accident victims to death in a collision.
Logbook Discrepancies
Discrepancies in the logbook are severe offenses, as all commercial truck drivers must maintain accurate records. They also must have the logbook ready for inspection by law enforcers on demand. Log books are evidence of compliance with the hours of service regulations, and maintaining one is crucial lest a driver gets hefty penalties and fines in thousands of dollars.
Aggressive Defense Against Charges for Truck Rules Violations
Getting a ticket for trucking violations can put you at risk of losing your livelihood. No matter the infraction you’re facing, it would be in your best interest to contact a professional attorney well-versed in issues of trucking rules. They can help you decide on the best action to fight the charges.
Our law firm has skilled attorneys who can aggressively represent you to reduce the likelihood of license suspension for violating trucking rules. We will be happy to sit down with you and listen to your side of the story to help you create a strong defense. Contact us to schedule a FREE consultation.]]>On Behalf of KRA Legal, PChttps://www.kralegal.com/?p=461602023-07-21T14:55:35Z2022-11-05T07:00:00ZWhat Types of Damages Can I Recover if a Dog Bites My Dog?
California statutes classify a dog as property. Under the law, if another individual damages your property, you can file a claim to recover the value of the loss. In many cases, dog owners have successfully recovered financial compensation for the money they had to pay out when their dog was injured by another dog.
In cases where who pays for vet bills may be in dispute, it is best if you speak with an attorney and find out your legal righteousness and options. Our law firm is always happy to answer any questions that you may have about who may be financially responsible for your dog’s injuries.
What Happens if the Dog Owner Refuses to Take Responsibility?
In some cases, the owner of the other dog may decide that they do not want to take responsibility for their dog’s actions. Although this can be extremely frustrating, you do have two options. First, you could file a claim through your insurance company in which they would assess your request and process it by the terms outlined in your individual policy. You can also seek to recover damages against the other dog owner in small claims court by filing a claim against them.
Does a Dog Have to be Euthanized if it Bites Another Dog?
No one wants to think that a dog may have to be euthanized for biting another dog. However, California law instructs that euthanasia is only required after a dog bite if it is found to be true that the animal tests positive for rabies or has bitten at least two other individuals. In addition, if the dog has bitten and seriously injured an individual or if the dog was raised for the primary purpose to fight other dogs or attack people. Unless the dog has rabies, a hearing must be held to determine the dog’s fate, at which the owner is permitted to give testimony as to why their dog should not be euthanized.
How Can I Find More Information About Dog Bite Liability?
Depending on the severity of the wounds your dog has sustained, your vet bills may begin to add up to a significant amount of money and create a financial hardship for you. If another dog has bitten your dog and you feel that you need the assistance of an attorney to help you recover the money for vet bills and other medical expenses related to the injury, contact our law firm by calling [nap_phone id="LOCAL-REGULAR-NUMBER-1"] and ask to schedule a free consultation.]]>On Behalf of KRA Legal, PChttps://www.kralegal.com/?p=461612023-07-21T14:55:40Z2022-10-02T07:00:00ZWhat are Traumatic Brain Injuries?
A traumatic brain injury can be devastating for a motorcyclist due to its adverse life-altering effects. A motorcycle accident victim does not have to suffer a fractured skull to be diagnosed with a traumatic brain injury. Even if they are wearing a helmet at the time of the accident, it does not necessarily spare the rider from sustaining a TBI. Depending on what portion of the brain is affected, a TBI can cause the injury victim to suffer from loss of memory and motor skills. In addition, they may also have to deal with hearing and vision problems, and in some cases, TBIs can lead to death.
How Can You Prove That You Have a Traumatic Brain Injury?
To prove that you have a traumatic brain injury, your attorney will produce evidence in the form of police reports that give pertinent detail about the accident. Additionally, your personal injury attorney can also provide medical documentation in the form of CT and MRI scans that produce images of brain injuries. Your attorney can also present your medical diagnosis along with any progress or lack of progress that you may be dealing with as a result of your accident.
What Types of Injuries Can I Recover After Suffering a Traumatic Brain Injury?
If you have experienced a traumatic brain injury due to being injured in a motorcycle accident, you may be entitled to recover financial compensation for the damages you have suffered. Some of the most commonly awarded damages for TBI cases include:
• Past and future medical expenses include rehabilitation, physical therapy, hospital and doctor visits, and prescription drugs.
• Lost wages
• Loss of earning capacity
• Pain and suffering
• Costs of customizing your home or car to accommodate medical equipment may be necessary due to your TBI.
• Future damages are likely to occur due to a TBI such as Alzheimer’s or clinical depression.
How Can Your Law Firm Help Me After I Have Sustained a Motorcycle Injury in an Accident?
If you have sustained a traumatic brain injury or any other injury resulting from a motorcycle accident, you need to hire a personal injury attorney as soon as possible. Medical bills and the inability to work as the result of your injuries can quickly place you and your family in financial hardship.
Our main objective is to help our clients recover compensation that can give them the peace of mind that they deserve. Contact our law offices by calling [nap_phone id="LOCAL-REGULAR-NUMBER-1"] and ask to schedule a free consultation to discuss your case.]]>On Behalf of KRA Legal, PChttps://www.kralegal.com/?p=461702023-07-21T14:55:44Z2022-09-01T07:00:00ZWhat is a Civil Lawsuit in California?
California defines a civil lawsuit as those in which companies or private citizens pursue legal proceedings against each other in court. A civil case is the opposite of a criminal case and does not involve any aspect of breaking the law.
Some examples of civil cases are:
• Disputes over contracts.
• General civil cases such as those that deal with property damage, or an individual being injured
• Small claims cases that amount to $10,000 or less
• Family law cases involving child support, child custody, divorce, or adoption
• Landlord-tenant disputes
How Do You Respond to a Lawsuit?
After you, the defendant, has been served the appropriate legal paperwork, you will have 30 calendar days to file a written response with the court. Law requires you to respond and inform the court of how you plan to proceed. When you file a response, you establish with the court that you intend to contest the case. In doing so, the plaintiff will be made aware that they will have to prove their case at trial.
If you fail to respond within 30 days, the court may issue a default judgment against you, which the other party automatically wins. At this point, the court will not hear any legal arguments you may try to present.
How Long Does a Person Have to File a Lawsuit?
California has strict laws governing the statute of limitations and how long you must file a claim. You have two years from the accident date to file a claim if you have been injured. However, if your claim is against a governmental organization such as a state agency, city, or county, the time limit is reduced to 6 months.
If you feel that you have a personal injury claim, the most crucial step that you can take to protect your future is to speak with a qualified attorney as soon as possible. Even though two years may seem like a long time, it can work to your disadvantage. Witnesses may move away, memories fade, or evidence disappears, making your case even more challenging.
When Should I Hire an Attorney if I Want to File a Lawsuit?
Depending on the individual circumstances that surround your case, you should hire an attorney as soon as you have been injured or realize that the other party does not want to cooperate. When you hire an attorney, they can assist you in making legal determinations about who should be held liable and what types of damages to ask for based on your case.
We will be happy to answer any questions and address any concerns you may have. Contact our law firm by calling [nap_phone id="LOCAL-REGULAR-NUMBER-1"] to schedule a free consultation.]]>