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Category: Car Accidents

Understanding California’s Comparative Negligence Law

In the blink of an eye, an accident can completely transform your life. As you try to piece together what happened, you’re left wondering : “Who was responsible for this accident? How will that affect my injury claim?” Enter the world of comparative negligence – a legal concept that can make or break your case.  California’s legal system isn’t about pointing fingers at just one party. Instead, it uses a “pure” comparative negligence approach. Think of it as an accountability scale that weighs everyone’s role in an accident. At Banafshe Law Firm, we’re your guides through this complex concept. Let’s break it down. Comparative Negligence: The Fairness Factor Real-World Example: Imagine you’re in a fender bender. The other driver ran a red light, but you were texting. The court might decide: Other driver: 80% at fault You: 20% at fault If your total damages are $100,000, you’d still walk away…

Top 10 Common Causes of Car and Truck Accidents

Understanding the Causes to Save Lives Each day, families are devastated by the news that a loved one has been killed or injured in a truck accident. The sheer size and weight of these vehicles can make a simple mistake into a life-changing event, resulting in severe injuries or, tragically, a fatality. At Banafshe Law, we understand the profound impact these accidents can have on individuals and their families. Understanding these causes is crucial to prevent accidents and promote road safety.  Here are the top 10 common causes of truck accidents: 1. Driver Fatigue Driver fatigue can greatly impair reaction times and decision-making abilities when spending long periods of time behind the wheel. A tired driver may not be able to respond quickly to sudden changes in traffic conditions, increasing the risk of an accident. Drivers and trucking companies must adhere to rest period regulations and ensure they’re well-rested before…

Who Can I Sue After an Uber Accident in Los Angeles?

If you’ve recently been involved in an accident while riding in an Uber or after colliding with an Uber driver, you may be wondering whether you need to file a personal injury lawsuit to cover your medical expenses. However, determining who to sue after an Uber accident isn’t always so cut and dry – often, deciding who to sue will be based entirely on the facts and circumstances surrounding your case. Working with an experienced Los Angeles Uber accident lawyer is a good step in the right direction. They can help you review the facts of your case and identify who would be held liable in a personal injury lawsuit, making it that much easier to move forward and recover damages for your expenses and lost wages.  Who is Liable After a Rideshare Accident in California? After a car accident, liability will almost always be related to negligence. Negligence is…

When a Car Accident Becomes a Wrongful Death Suit

In late February, Los Angeles resident Monique Munoz was killed in a two-car crash near her West Los Angeles home. Munoz was on her way home from work at the UCLA hospital when a 17-year-old driver violently crashed into her, killing her on the scene. While few details have emerged regarding the cause of the accident, the officers who responded to the accident have stated that speed was definitely a major factor in the accident, suggesting that the surviving driver’s recklessness was to blame for the accident. Munoz’s stepfather told KABC they lost their daughter to a “senseless act.” In situations such as this one, Munoz’s family could work with a Los Angeles car accident lawyer to initiate a wrongful death lawsuit. While nothing will bring their daughter back, a wrongful death suit can help alleviate the costs of a funeral and attempt to bring some semblance of compensation for…

How to Select a Los Angeles Car Accident Lawyer

With over 6 million car accidents clogging the nation’s roads each year, this commonplace accident often costs victims thousands of dollars in property damages and medical expenses. As residents of one of the country’s largest states, Californians are all too familiar with the financial toll a car accident can take, and that’s especially true in the large and dense city of Los Angeles. Choosing the right attorney after a car accident in Los Angeles isn’t easy – you will want to find a Los Angeles car accident lawyer that has the experience and skill set needed to get the job done. With so many attorneys practicing in the metropolitan area of L.A., you may be wondering how you will pick the right attorney for you. Fortunately, there are certain questions you can ask in a pre-interview with an attorney that will help you make an informed decision. Below, we suggest…

Were You Injured in an Uber Accident in Los Angeles?

As ridesharing has exploded in popularity in Los Angeles, the number of accidents involving rideshare vehicles has increased as well. If you have been injured in an Uber accident – whether as an Uber passenger or the occupant of another vehicle – it is important to understand how California law applies to your accident and what insurance coverage may be available. What is the Law Governing Uber Accidents in California? In California, Uber accidents are generally subject to the same laws as all other vehicle collisions. To recover compensation for your losses (i.e., your medical bills, loss of income, and pain and suffering), you must be able to prove fault. The simple fact that an Uber driver was involved does not automatically mean that the Uber driver (or Uber itself) is liable for your injuries. Instead, to pursue a claim under the driver’s or Uber’s insurance policy, you must be…

Steps to Take Immediately After a Car Accident

Getting into a car accident in Los Angeles can leave you feeling pretty shaken up. In addition to the stress or emotional toll the accident may have taken on you, you are likely facing mounting costs related to medical expenses or lost wages. Fortunately, seeking the advice of an experienced Los Angeles car accident lawyer can relieve the burden of facing this ordeal on your own. In fact, after a car accident, one of the first things you should do is get an attorney who can make sure you are properly compensated for your injuries and that your medical bills and lost earnings are covered by the at-fault driver’s insurance company. In California, there are a number of steps after a car accident you can take to ensure your resulting personal injury case is well-positioned to recover the full extent of the damages available to you. Below, we review the…

Who Pays for My Injuries After a Car Accident in Los Angeles?

Getting into a car accident in Los Angeles can be incredibly stressful. Between navigating any resulting injuries to figuring out how to fix a damaged or totaled car, you’ll want the experience of a Los Angeles car accident lawyer on your side to walk you through the process. One of the questions attorneys are asked most frequently is who is responsible for covering the medical expenses and recovery costs after a car accident. In California, car insurance companies have certain obligations and are generally held accountable for covering drivers’ personal injury claims. Ensuring you have taken all the appropriate steps to document your accident and injury, leaning on your attorney to handle the insurance companies, and following their lead on making important decisions regarding any resulting personal injury claims will be essential to your physical and financial recovery after an accident. Reporting Your Car Accident in California Reporting your car…

Will Your Los Angeles Car Accident Lawyers Fight for Punitive Damages? 

Punitive damages are quite a bit different from economic and non-economic damages on a fundamental level. Economic and non-economic damages are “compensatory,” which means they are meant to cover the losses suffered by the plaintiff due to the negligent or wrongful misconduct of the defendant. By contrast, punitive damages are meant as a modifier to the compensatory damages amount, to discourage the defendant (and others who are similarly situated) from engaging in similar misconduct. Confused? Here’s an example: Suppose that you are injured in a car accident by a defendant-driver who was going through a fit of “road rage.” Your damages total $100,000. Simply put, the defendant was angered that you did not let them merge into your lane, and as such, they rammed the back of your car, causing you to crash and sustain significant injuries as a result. Under such circumstances, the court might find that the defendant’s…

Ridesharing in the Age of the Coronavirus

The COVID-19 pandemic has disrupted industries that once remained at the forefront of growth, and ridesharing companies like Uber and Lyft are some of the hardest hit in the coronavirus economy. Each company saw its earnings plummet as social distancing and stay-at-home orders were implemented to slow the spread, and both company executives and drivers alike were faced with dwindling profits. Drivers, in particular, bore the brunt of the chaos, as they watched their average sales fall dramatically from a lack of ridesharing passengers, and were put into situations that endangered their health and safety if they wanted to continue earning.  Passengers, likewise, found themselves wondering whether hopping into an Uber remained safe, and what their rights were should they encounter a driver who wasn’t adhering to Uber and Lyft guidelines regarding mask wearing or proper social distancing measures. Needless to say, our personal injury lawyer is well aware that…