Tag: personal injury

Legal, personal injury

I Just Hit and Ran!: Legal Reasons #43

Sanjay Sabarwal

There are times when we can panic and make mistakes that seem unfixable.The reality is that although some actions are repair, a hit and run MAY be possible to overcome.  It’s a crime in California to leave the scene after being involved in or causing an accident. Any driver who does so can be charged with misdemeanor or a felony hit-and-run. The severity of the charges depends on whether the accident involved property damage, bodily injury, or death.

A driver can be charged with hit-and-run after leaving the scene of an injury accident even if he or she wasn’t at fault. California law requires every driver who causes or is involved in an accident to stop and exchange information. Hit-and-run is an extremely serious charge, even if the accident involves only property damage. If the crash results in a hit and run causing death or serious injury, the driver faces severe consequences that can include prison time.

A driver convicted of hit-and-run with injury in California faces repercussions that may include heavy fines, a driver’s license suspension, probation, and possibly even seizure of the driver’s vehicle and jail time. If someone other than the driver suffers serious permanent injury, a convicted hit-and-run driver faces up to four years in prison and a fine of up to $10,000.

So no matter what, I always advise to pick up that phone and call a professional who

Legal

What Do I Need a Lawyer For?: Legal Reasons #28

Sanjay Sabarwal

courage-is-the-most-important-attribute-of-a-lawyer-quote-1I get that as a question from many in a somewhat joking manner, but really the undertone is always the same. What can a lawyer do that a laymen not do?  Well, to be fair, I can see the logic in that question, but in the realm of personal injury, family and employment law, knowledge and experience play a key role in ensuring you are not taken advantage. The reality is that Insurance companies notoriously count on non-represented parties to be unaware of what they are actually owned.

In the context of family law, if you have significant assets such as a house or a partner who suddenly empties out the bank accounts before leaving, it is important to have a lawyer to ensure you are able to recover or have your interests defended.

In employment law, if you are an employer in California, it is important to have someone who can update you on the new changes in the law such as recent suitable seating law or the fact on discharge, an employee must be paid all wages due.  Most employees are not aware of the penalties due to them because of improper payment.

So while it may look to you that a lawyer may be overkill, more often  than not, it will be well worth your time to give one a call. Our offices offers free consultations, and even if it’s a small claim, you at least, may get to know if you have a claim, and its potential worth.

Legal

Determining Fault in a Car Accident: Legal Reasons #21

Sanjay Sabarwal

aid1662395-728px-Determine-Who-Is-at-Fault-in-a-Car-Accident-Step-3-Version-2The reality is that the odds of getting into an accident have increased tremendously with the advent of higher smart phone use. Distracted driving has become commonplace, and so have vehicle collisions. Once you know your safe, the question comes up.  Who is at fault?

Drivers have a duty to exercise reasonable care while behind the wheel. Obvious infractions or violations of the California Vehicle Code, such as driving in excess of the speed limit, ignoring traffic signals, failing to signal, etc. can be used as evidence of one’s negligence in contributing to the cause of a car crash. All of these are examples of evidence which may assist the decider in their determination of fault.

Who decides fault? Typically, it is an insurance adjuster, sometimes aided by a police report which is based upon statements from the drivers and possibly witnesses to the accident, physical evidence, such as skid marks on the road, damage to the cars, etc. However, sometimes fault is not easily determined and a car accident case winds up in court, so that a judge or jury can make a fault determination.