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01 Feb, 2024
Driving in California, with its vast highways and scenic routes, is often more a necessity than a choice. But what happens when you hand over the keys to your car to someone else? It's a situation that many California residents may find themselves in, and it's essential to understand the repercussions if that person gets into an accident with your car. Are you liable? Let's navigate the road of responsibility and insurance claims together.  Understanding Liability in California California follows a principle that could significantly impact car owners. Known as 'permissive use,' this principle implies that when you permit someone to drive your vehicle, your car insurance is the primary coverage that will respond in the case of an accident. The driver's insurance serves as secondary coverage. But before you worry too much, let's break down what this means for you. When You're Covered Most auto insurance policies in California have provisions that cover occasional drivers, meaning if a friend borrows your car with your permission and gets into an accident, your insurance likely has you covered. The coverage typically extends to liability for injuries and property damage. However, there are limits according to your policy, and anything over those limits might require the driver's insurance to kick in. When You're Not Covered Situations can arise where your coverage might not apply. For example, if the person driving your car does so without your explicit permission or has a poor driving record, your insurer may not cover the accident. Additionally, if the individual is using your car regularly, they should be listed as an additional driver on your policy to ensure proper coverage. The Exception to the Rule It's also worth noting that California is a 'fault' state regarding car accidents, meaning whoever causes the accident is responsible for paying the damages. If the person driving your car is not at fault, the other driver’s insurance should take care of the expenses. What Should You Do In Case of An Accident? If an accident occurs while someone else is driving your car, there are some steps you should follow: Ensure the safety of all parties involved and call emergency services if needed. Obtain a copy of the accident report for insurance purposes. Contact your insurance company to report the accident and provide all necessary details. Discuss with legal counsel if there are any doubts about liability or insurance coverage. Navigating Through Insurance Claims After you've taken the initial steps, working through the insurance claim process is crucial. Your insurance agency will assess the damage, determine fault, and establish if your policy covers the accident's costs. Remember to communicate transparently with your insurer, providing all required documentation and information. So, California residents, the bottom line is: Yes, you might be liable if someone else got into a car accident with your car. But liability depends on various factors, including permission, fault, insurance policies, and specific circumstances. It’s imperative to have robust insurance coverage and a clear understanding of your policy's terms and conditions. Safe driving is everyone's priority, but being prepared for such eventualities can save you from the headaches that usually follow unexpected detours. Always encourage those who drive your car to navigate California roads with caution and responsibility—just as you would. Remember, your car represents freedom, mobility, and convenience—but it also carries with it a weight of responsibility. Keep your vehicle in the right hands, stay informed about your insurance coverage, and drive safely. Together, we can keep California roads a safe place for everyone.
21 Dec, 2023
Riding a motorcycle can be an exhilarating experience, but it also comes with certain risks. Motorcycle accidents can be catastrophic, leaving riders with serious injuries or even death. If you or a loved one has been involved in a motorcycle accident in California, it is important to understand your legal rights and options. In this blog post, we will discuss what you need to know about motorcycle accidents in California.  1. Causes of Motorcycle Accidents in California Motorcycle accidents can occur for a variety of reasons, including: - Distracted drivers - Failure to yield the right of way - Lane splitting accidents - Speeding - Drunk driving - Road hazards It is important to determine the cause of the accident to ensure that the responsible party is held liable for their negligence. 2. Compensatory Damages If you have been injured in a motorcycle accident, you may be entitled to compensatory damages, which are intended to compensate you for the losses and expenses you incurred as a result of the accident. These damages can include medical bills, lost wages, pain and suffering, and property damage. 3. Statute of Limitations If you are considering taking legal action after a motorcycle accident, it is important to be aware of the statute of limitations. The statute of limitations is a time limit for filing a lawsuit, and it varies depending on the type of case. In California, the statute of limitations for personal injury cases is generally two years from the date of the accident. 4. Comparative Negligence California follows the doctrine of comparative negligence, which means that fault can be apportioned between multiple parties involved in an accident. This means that even if you were partially at fault for the accident, you may still be able to recover damages, as long as the other party was also at fault. 5. Get Legal Help If you have been involved in a motorcycle accident, it is important to seek legal representation from an experienced attorney. A skilled lawyer can help you understand your legal rights and options, negotiate with insurance companies, and fight for the compensation you deserve. In conclusion, if you or a loved one has been involved in a motorcycle accident in California, it is important to understand your legal rights and options. By working with an experienced attorney, you can navigate the legal process and fight for the compensation you deserve. Don't hesitate to reach out for help – a skilled lawyer can make all the difference in your case.
21 Dec, 2023
When you are facing a time when you may not be able to make decisions for yourself, it's important to ensure that you can still be taken care of. A power of attorney is a legal tool that can be used to help you in these situations. This document allows you to appoint a person to make decisions on your behalf if you cannot. In this blog post, we will discuss the power of attorney in California, how it works, and why it's important.  1. What is a Power of Attorney? A power of attorney is a document in which you appoint another person to act on your behalf. In California, there are two types of power of attorney documents: a durable power of attorney for finances and a durable power of attorney for healthcare. A durable power of attorney for finances allows the person you appoint to make decisions about your finances, while a durable power of attorney for healthcare allows the person you appoint to make healthcare decisions on your behalf. 2. Who Can Be Appointed as Your Attorney-in-Fact? Your attorney-in-fact is the person you appoint to make decisions on your behalf. In California, any person who is at least 18 years old and of sound mind can be appointed as an attorney-in-fact. It's important to choose someone you trust completely and who has the skills and knowledge necessary to make decisions on your behalf. 3. When Does a Power of Attorney Become Effective? A power of attorney becomes effective when you sign the document and it is notarized. However, you can specify that the power of attorney becomes effective only if you become incapacitated. In addition, you can also specify the duration of the power of attorney. For example, you can specify that it will only be effective for a certain period of time or until a specific event occurs. 4. Why is a Power of Attorney Important? A power of attorney is important because it allows you to appoint someone you trust to make important decisions on your behalf if you cannot. Without a power of attorney, your loved ones may have to go through a lengthy and expensive court process to have someone appointed as your legal guardian or conservator if you become incapacitated. 5. What Happens If You Don't Have a Power of Attorney? If you don't have a power of attorney, and you become incapacitated, a court may appoint a conservator to make decisions on your behalf. The court process can be lengthy, expensive, and emotionally draining for your loved ones. In addition, the person appointed by the court may not be who you would have chosen to make decisions on your behalf. In conclusion, a power of attorney is an important legal document that can help ensure that you are taken care of if you become incapacitated. It allows you to appoint someone you trust to make important decisions on your behalf. If you do not have a power of attorney, your loved ones may have to go through a lengthy and expensive court process to have someone appointed as your legal guardian or conservator. If you are a California resident, it's important to consult with a qualified attorney to learn more about the power of attorney and ensure that you have the appropriate legal documents in place to protect your interests.
21 Dec, 2023
Dealing with the sudden loss of a loved one is one of the most challenging experiences a person can go through. When that tragedy is caused by another person's negligence or intentional actions, it can be even more devastating. In California, this is known as wrongful death. California law provides a way for family members to hold the responsible parties accountable for their actions. In this blog post, we’ll discuss the legalities of wrongful death in California, what it is, who can file a wrongful death lawsuit, and what damages can be recovered.  What is Wrongful Death? Wrongful death is a type of lawsuit filed by family members when someone has died due to another person's negligence or intentional actions. The purpose of the lawsuit is to hold the responsible parties accountable and recover damages for the harm that was caused. Wrongful death lawsuits can arise from a variety of situations, such as car accidents, medical malpractice, criminal activity, or workplace accidents. The goal is to compensate the surviving family members for their losses. Who Can File a Wrongful Death Lawsuit? In California, a wrongful death lawsuit can be filed by the surviving spouse or domestic partner, children, or other family members, such as parents and siblings. In some cases, a personal representative of the deceased's estate can also file a wrongful death lawsuit. The lawsuit must be filed within two years of the death, and the statute of limitations may be extended if there are criminal charges against the responsible party. What Damages Can Be Recovered? Damages that can be recovered in a wrongful death lawsuit include economic and non-economic damages. Economic damages are tangible losses that can be measured, such as medical expenses, funeral expenses, and lost wages. Non-economic damages are intangible losses that are more challenging to quantify, such as emotional distress, loss of companionship, and pain and suffering. The amount of damages that can be recovered depends on the circumstances of the case. Dealing with the loss of a loved one is never easy, but it can be especially difficult when their death was caused by someone else's wrongful actions. In California, the law provides a way for family members to hold the responsible parties accountable and recover damages for their losses. If you have lost a loved one due to another person's negligence or intentional actions, consult with an experienced wrongful death attorney to understand your legal options and rights. Remember, you're not alone in this.
21 Dec, 2023
Creating an estate plan is essential for everyone, particularly for those who own assets or have dependents. An estate plan provides a legal framework to distribute your assets and also ensures that your wishes are respected when you pass away. In California, an effective estate plan can be design to serve your priorities, whether it provides for your loved ones, or allows you to donate to charity. Creating a proper estate plan may seem like a daunting task, but with some guidance, you can create a plan that suits your needs and protects your assets.  1. Understand the basics of estate planning in California Before you begin drafting an estate plan, you should understand the essentials of estate planning. In California, there are several documents that form an estate plan: a will, trusts, powers of attorney, and medical directives. A will outlines how your property is to be distributed when you pass away, while trusts provide more sophisticated estate planning solutions for different kinds of assets. A power of attorney designates a person to make decisions for you if you are unable to do so, while a medical directive outlines your wishes for medical treatment. 2. Work with an experienced estate planning attorney While you may be able to draft a will or trust on your own, it is advisable to work with an experienced estate planning attorney in California. An attorney can guide you on the best way to structure your estate plan and can help you avoid common mistakes. Additionally, hiring an attorney can ensure that legal requirements are met when drafting and executing your estate plan. 3. Plan for retirement A well-executed estate plan should account for your retirement years. Start by developing a retirement plan that accounts for your savings and the expenses you will need to maintain your lifestyle. Coordinate this with your estate plan and make sure that your estate plan accounts for your retirement plan. This includes determining how you want your assets distributed upon your death and planning for any taxes that your heirs may need to pay. 4. Review and modify your estate plan if necessary Once you have an estate plan, it is important that you review and modify it as necessary. Life events such as the birth of a child, a change in asset ownership, or even the sale of a business may require you to adjust your estate plan. Therefore, it's a good idea to review your estate plan with your lawyer regularly, especially every time your circumstances change. 5. Communicate with your loved ones Finally, it's important to communicate with your loved ones about your estate plan and ensure that they understand your wishes. Transparency can help avoid confusion or conflict among your heirs. Once you draft your legal documents such as a will and trust, notify your heirs and discuss your wishes with them. Always make sure that your financial and legal documents are kept in a secure location, such as a safe-deposit box. Creating an estate plan can be a complex process, but it is important to protect your assets and ensure that your loved ones are well taken care of when you're no longer around. In California, it is crucial that you understand the nuances of estate planning, work with an experienced estate attorney, plan for retirement, review and modify your estate plan, and communicate your wishes to your loved ones. With these steps and their proper execution, you can ensure that your estate plan serves your priorities and protects your assets.
21 Dec, 2023
Bicycling is a fun and healthful activity that not only gets you moving, but also allows you to enjoy the beauty of California’s scenery. However, bicycling can also be dangerous, especially when other drivers on the road aren't paying attention to cyclists or when a roadway has been poorly designed or maintained. Accidents involving bicycles can cause serious injuries, and unfortunately, they’re not rare. As a resident of California, it's important that you're aware of the legal options available to you if you've been involved in a bicycle accident.  1. Causes of Bicycle Accidents - Bicycle accidents can have a number of causes. Some common causes include distracted drivers, reckless driving, speeding, poor road design or maintenance, faulty bicycle parts, and dangerous weather conditions. Even if you're a safe cyclist, it's not always possible to avoid an accident when other drivers don't follow the rules of the road or when a roadway is unsafe. By understanding what the common causes of bicycle accidents are, you can take steps to avoid them and understand where to attribute liability. 2. California Bicycle Laws - California has specific laws that protect people who ride bicycles. For example, California law requires that bicycles have reflectors, lights, and brakes for safety reasons. Additionally, California law considers bicycles to be vehicles and they must adhere to all traffic laws and signals, unless otherwise indicated. It’s important to understand these laws to protect yourself from being held liable for an accident. 3. What to Do if You're in a Bicycle Accident - If you’ve been in a bicycle accident in California, it's important that you take the right steps to protect yourself and your legal rights. First, call the police and get medical attention immediately if you're injured. Next, get as much information as you can about the accident. This can include taking photos of the scene, getting the contact information of any witnesses, obtaining the driver’s license number and insurance information of the driver involved, and reporting the accident to your insurance company. 4. Your Legal Options - If you've been in a bicycle accident, you may be entitled to compensation for your injuries, damages, and losses. This can include medical bills, lost income from work, rehabilitation costs, and pain and suffering. To determine if you have a case, it's important that you speak with an experienced personal injury attorney. An attorney can help you understand your legal options, negotiate with insurance companies, and represent you in court if necessary. 5. How to Prevent Bicycle Accidents - While it may not be possible to prevent every bicycle accident, there are steps you can take to minimize your risk of being in one. For example, always wear a helmet, use bike lights and reflectors, follow traffic laws and signals, and always be aware of your surroundings. Furthermore, if you see a roadway that is poorly designed or maintained, report it to the appropriate authority so that it can be fixed and made safer for all cyclists. Bicycle accidents can be traumatic and life-altering, but as a California resident, you have legal options to help you recover. Understanding the causes of bicycle accidents, California laws that protect cyclists, and the steps to take if you're involved in an accident can all help you be more prepared. And remember, it’s always a good idea to work with an experienced personal injury attorney to help you navigate the legal system and get the compensation you deserve. While preventing accidents is not always possible, taking precautions can help keep you safe, and reporting dangerous road conditions can help make the roads safer for everyone. Let’s all work together to keep California’s roads safe for cyclists!
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