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Car Accidents

Let’s be honest, when it comes to car accident attorneys, they are no shortage in Southern California. When considering a law firm to represent your interest, it is important to feel comfortable not only with the firm’s qualifications but also with the way you are treated. 

STEPS TO TAKE AFTER A CAR ACCIDENT

• Call 911 and report your accident because a police report is helpful in preserving evidence to support your case and to help determine fault. 

• Exchange insurance information with the drivers involved in the accident. 

• Photograph and take video all vehicles and damages to the vehicles.

• Receive medical treatment immediately by going to a hospital or your primary physician to evaluate any injuries. Your symptoms may not be immediately apparent until the next day. 

• Report to your insurance that you were involved in an accident but do not give a recorded statement. You should call an attorney and let the attorney deal with the insurance adjuster.

UBER OR LYFT LIABILITY

Being injured in an Uber or Lyft makes no difference in terms of liability or fault when seeking compensation for your injuries. The issue is whose insurance will compensate you for your injury – the rideshare driver or Uber or Lyft? 

Generally, rideshare driver’s personal insurance policies do not cover them if they are ridesharing since their insurance policy covers personal use and ridesharing is considered commercial use. However, some rideshare drivers purchase coverage for ridesharing. 

Placing liability can be complicated since rideshare drivers are considered “independent contractors” rather than employees of Uber or Lyft.  Luckily, California law requires all ridesharing companies to provide their drivers with insurance when they are working. Uber and Lyft provide up to $1 million in coverage for their drivers who are on the job. However, insurance coverage may be limited based on several factors, so it is important to consult with a qualified attorney to help maximum your recovery. 

DRUNK DRIVER ACCIDENTS – “DRAM SHOP” LAWS

“Dram Shop” is an old term for taverns, bars, nightclubs, or anywhere alcoholic beverages are served. Back in the day, liquor was sold in measurements calls drams. By today’s measurements, it would take eight drams of liquor to equal a shot. The term “Dram Shop” is still used in legal and insurance jargon.

Patrons being overserved alcohol by staff at a venue, bar, or nightclub is unfortunately not as uncommon as it should. Often times, drunk patron leave these establishments after being negligently supervised by the establishment and drive while under the influence and causing injuries to innocent bystanders. While criminal charges are inevitable, the owners of these establishments may be liable and responsible to an injured patron even if the injury did not occur at that established. This area of law and liability stems from “Dram Shop” laws. 

Under Dram Shop laws, establishments who serve alcoholic beverages to obviously intoxicated persons may be held liable for the property damage and injuries caused by overserving an intoxicated person. While these laws can hold establishments liable, the same laws equally limit the liability of these establishments. In other words, the Dram Shop laws protect these establishment from any liability. Prevailing under Dram Shop laws can be complicated and difficult without retaining a qualified attorney. 

THE DRIVER WHO HIT ME HAS NO INSURANCE

California law requires all drivers to be insured, but we all know there are many drivers without insurance. Drivers who drive without insurance or drivers who are underinsured (meaning they have the bare minimum insurance policy) does not dissolve a driver’s liability to you for your injuries. However, the sad truth is that a person who is driving without insurance probably does not have the means to pay for your medical bills which means any judgment you are able to obtain against the driver is meaningless. 

Depending on your insurance policy, you may be able to collect benefits or payment from your insurance to help pay for the injuries you sustained. Most insurance companies offer what is called “uninsured motorist coverage” or “underinsured motorist coverage” which allows you to recover from your own insurance company when you are involved in an accident with an uninsured or underinsured driver. 

WHAT IF I AM PARTIALLY RESPONSIBLE FOR THE ACCIDENT?

California law requires all drivers to be insured, but we all know there are many drivers without insurance. Drivers who drive without insurance or drivers who are underinsured (meaning they have the bare minimum insurance policy) does not dissolve a driver’s liability to you for your injuries. However, the sad truth is that a person who is driving without insurance probably does not have the means to pay for your medical bills which means any judgment you are able to obtain against the driver is meaningless. 

Depending on your insurance policy, you may be able to collect benefits or payment from your insurance to help pay for the injuries you sustained. Most insurance companies offer what is called “uninsured motorist coverage” or “underinsured motorist coverage” which allows you to recover from your own insurance company when you are involved in an accident with an uninsured or underinsured driver. 

CAR ACCIDENT INJURIES

Car accidents can cause many different types of injuries, some visible and others that are not visible. The main legal challenge in accidents or any case involving injuries is persuasive and comprehensive presentation of your injuries to those who are responsible for your injuries and to the insurance companies. 

Common injuries in car accidents include the following:

As in all our serious personal injury case, the Zolfaghari Law Firm carefully selects and assembles a multidisciplinary team of medical, rehabilitative, and life care planning experts to not only offer proof of damage claims, but also be helpful in promoting your physical recovery, and in helping adapt to the difficult realities of an uncertain prognosis or a permanent disability.

CONTACT THE ZOLFAGHARI LAW FIRM

The Zolfaghari Law Firm is a boutique law firm that provides “big law firm” representation without the “one size fits all” approach. You work directly with an attorney in understanding your case. Contact us and let’s discuss how we can properly treat your injuries with our medical professional and defend your rights against those who are responsible.