The Weinberger Law Firm

Schedule a Free Consultation

(916)661-4464
mob-iconCall Us Now
Peerless representation.
Positive results.
banner-img-inner

Can minors drive other minors in California?

Car Accidents

by

Throughout the U.S., many states have created special rules for underage drivers in an attempt to help them learn to drive more safely. Graduated driver’s license systems often include restrictions for drivers who are ages 16 and 17.

The California Department of Motor Vehicles explains for drivers under the age of 18, there are rules limiting some of the things they may do when driving. These may include things such as holding your permit for a certain amount of time and limiting who can be in your vehicle.

Limitations

During the first 12 months that you have your license, you must follow the restrictions set by the law. You cannot have anyone in the car with you who is under the age of 20 when you drive alone without a parent or driver over 25. So, if you have big plans to go out with friends, you will all have to drive separately or have your parent or someone older come along.

You also cannot work as a driver for pay. If you have an accident or receive a violation, you can no longer drive without your parent. You also have restrictions on the hours you can drive. You are unable to be on the road between 11:00 p.m. and 5:00 a.m.

Exceptions

Sometimes, you may need to break the rules. There are exceptions in the law that allow you to do this. You can get a signed note that explains why you need to drive, which might include medical reasons or to get to school. You need to have a note signed by a proper, verifiable authority. For example, if you need to drive to get to and from work during the restricted hours, you need a note from your employer.

Following driving restrictions is essential to avoid further issues and legal trouble.

by

Any car accident can upend a person’s life, but when those accidents involve large commercial vehicles drivers face additional complexity. What makes trucking accidents so complicated for injured drivers?

Big rigs weigh more than cars, pickup trucks and other vehicles.

Semi-trucks weigh significantly more than other vehicles on the roadway — around 20 to 30 times as much as the average car, according to the Federal Motor Carrier Safety Administration — and that creates a variety of risks. Not only does this weight mean that large commercial vehicles exert more force than other vehicles when involved in a crash,  they are also more difficult to stop quickly and can accelerate significantly when going downhill. This often leads to more severe injuries and damage during an accident.

Semi-trucks depend on a wide variety of people and businesses to operate safely.

A trucking accident can involve a wide variety of factors. Not only do drivers need to take steps to drive safely, but their carrier company, truck manufacturers and those loading a truck’s cargo all contribute to that safety.

When any of those parties do not uphold that duty, that negligence can contribute to any accidents that result from the truck’s poor condition. As a result, a carrier company that failed to perform legally-mandated inspections and maintenance, a manufacturer of faulty parts, a company that did not properly secure cargo and many others could also be liable. Carriers may also contribute to driver error by improperly training those drivers.

While trucking accidents are complex, drivers do not necessarily have to address those complexities alone. It is possible to take legal action and hold all parties involved responsible for their negligence.

by

Getting into a car crash is one of the tensest and difficult experiences of many victims’ lives. Unfortunately, the events of a crash can also impact a person’s life for years to come, especially if they suffer from brain injury or damage.

It is important to understand the potential signs of brain injury as they manifest. This allows the victim to get quick and accurate treatment, and also prepare for the potential hurdles that may lie ahead.

Potential signs of TBIs

According to Mayo Clinic, brain injuries manifest in similar ways in many cases. For example, many instances involve headaches that worsen over time or simply persist despite the administration of pain killers. Some involve confusion, which is either brief or extensive. Others involve memory loss, which may recover quickly or take weeks, months or years to return to former levels of functionality.

Degrees of severity in the injury

The primary difference lies in the degree of severity of the head injury in question. The more severe a head injury is, the more intense the symptoms often show. Additionally, they tend to manifest in a much quicker way, leaving no room for doubt that the victim has suffered from a blow to the head.

Certain types of head injuries will also have a higher rate of severe symptoms. For example, in the event of brain tissue swelling, symptoms often start suddenly and worsen very rapidly as the brain presses against the inside of the skull.

Regardless of the type of damage received, it is crucial to seek immediate medical attention after a crash. This is the best way to prevent permanent brain damage.

by

Getting involved in a crash can leave you dealing with numerous health issues and impacts on your physical health. The head, neck and back often suffer from the worst of the damage as well, creating complications for smooth healing.

On top of that, traumatic brain injuries often plague those who suffer from blows to the head. How do these injuries manifest?

Neurological and mental symptoms

Mayo Clinic examines the emergence of traumatic brain injuries (TBIs) in victims of car crashes. TBIs can impact your health in different ways and as such, often show different types of symptoms. Some of the main categories include neurological, mental and behavioral, but all problems stem from the physical damage done to the brain such as swelling and bruising.

Neurological symptoms can include nausea and frequent vomiting, piercing headaches or migraines that worsen over time, and numbness or paralysis of the limbs. You may experience full or partial paralysis of some or all limbs or even full-body paralysis.

Mentally, many victims report “brain fog”, in which you may find it difficult to think clearly or comprehend your surroundings. You might struggle to recognize the people around you and have trouble recalling the events leading to the incident that caused you harm.

Changes in victim behavior

Behaviorally, you may lash out at your loved ones due to a decrease in impulse control and a decrease in the capacity to communicate clearly with others. Agitation also commonly occurs, and victims often find themselves easier to irritate as well.

Noticing any of these signs should also demand immediate medical attention, as this is the best way to prevent permanent damage from occurring.

by

One of the hardest parts of recovering from a car accident in California may involve your emotional health. Finding the confidence to drive again when the very thought of getting in a car causes angst, may take some time and even professional intervention to overcome.

Improving your driving skills is one way that you may regain your confidence to drive.

Prepare and watch

Even if you are a great driver, accidents still happen. In fact, according to the California Office of Traffic Safety, in the year 2019, there were over 3,500 traffic fatalities in the state. The more prepared you are, the more focused you can stay on driving and getting safely to your destination. Some things you can do to stay safer include the following:

  • Map out your route ahead of time
  • Allow yourself plenty of time to get to your destination
  • Program your GPS before driving
  • Silence your cellphone
  • Constantly scan the area around you
  • Learn how to safely respond to road hazards

Know your car

You can also improve your driving abilities when you feel comfortable in your vehicle. Prior to leaving anywhere, adjust your mirrors and stirring wheel. Position your seat to where you can comfortably reach all of the controls. If driving an unfamiliar vehicle, take a minute to learn where various controls are so you do not have to figure things out while driving.

Keeping your vehicle well-maintained can also reduce the risks of an accident which can help you feel more confident. With time and practice, you can rebuild your confidence and find driving enjoyable again. Additionally, your desire to improve your driving habits may reduce your risks of injury in an accident.

by

Cycling is an environmentally-friendly and healthy mode of transportation. The high number of fair weather days makes it a very popular leisure sport and a common way of getting around. Unfortunately, being on a bicycle can be very dangerous when sharing the road with motor vehicles. Bicycles don’t have as much structural integrity and the rider is very exposed. This makes a collision with a car potentially very damaging and dangerous. If you have been struck by a vehicle while riding your bicycle, speak with our Sacramento-based attorney for bicycle incidents who can guide you to the best course of action.

Bicycles are generally considered another vehicle on the road, though cars have a 7:1 size ratio to bicycles. Nevertheless, bicyclists are expected to follow all applicable laws as a car would. This means coming to a complete stop and taking turns in an intersection. Cyclists who do not follow the rules of the road and end up in a collision are susceptible to being liable for the crash, even if they are much more injured or incur more damage.

Though some individuals may use bicycles for leisure and won’t come across roads with other cars, many people, especially in California, use their bicycles for daily transportation. Collisions with cars are relatively rare compared to bike-only collisions, but they can really hurt a person on a bike so it’s best to do everything possible to avoid it. Intersections are the most likely place for a bicyclist to collide with a car. As much as 45% of collisions involving a bicycle and a car occur at intersections. Every case is different and only experienced accident lawyers in Sacramento are equipped enough to handle yours.

In order to avoid a collision with a car at an intersection, bicyclists should increase their visibility, understand the rules of the road, understand the elevated risk of biking in an intersection, and recognize some of the more dangerous intersection hazards, such as blind turns.

Some of the dangers found at intersections are:

  • Cars don’t expect to see a bike
  • Cars can’t see the bike
  • Cars underestimate the speed of the bike

Essentially, drivers of cars and other vehicles aren’t regularly on the lookout for bicyclists and don’t know what to expect of their behavior when they are there. When on a bike, it’s important to keep aware of your surroundings and move in a way that other drivers can anticipate. This can be accomplished by following the rules of the road and by assuming other cars aren’t aware of your presence – so don’t pull out in front of one!

Some things you should do as precautionary measures are:

  • Increase your visibility!
  • Follow the rules of the road
  • Be aware of the movements of other vehicles
  • Bike defensively
  • Know and be ready to execute emergency maneuvers

Increasing Your Visibility

The most common excuse drivers make when they collide with a bicyclist is that they didn’t see them. Bikers can blend in with the background and are much less conspicuous than a 2,000 lb hunk of metal, which is what other drivers are usually trained to look for. By increasing your visibility, it is possible to decrease the chance of a collision with a car dramatically. How can this be accomplished?

  • Install light and reflectors – This is the law when riding at night or in low-light conditions (e.g. fog) but It’s also a good idea to ride with your light on during the day, too. Reflectors increase the distance from which a bicyclist is visible from 150 to 2200 feet at night!
  • Wear brightly-colored clothing – the most visible colors are fluorescent yellow-green and fluorescent orange. Purchasing a reflector vest in one of these colors to wear when riding a bike is very strategic. This increases the distance from which a bicyclist is visible from 400 to 2200 feet!

If you have any questions regarding bike and car accidents, speak with some accident lawyers in Sacramento who could provide the advice to avoid collisions but also provide the legal assistance to fight your claim if you’ve been injured.

Most Collisions Occur at Night and Involve Alcohol

Most collisions between cars and bicycles occur at night. As mentioned above, it is a legal requirement that bicyclists have reflectors and a lamp on their bike when riding at night. These precautions greatly increase visibility, giving a driver of a car or other motor vehicle more time to react to the presence of the bicyclist.

Alcohol is an extremely dangerous and unfortunately common substance for individuals to use while behind the wheel. When a drunk driver encounters a bicyclist, the results can be devastating and are often fatal. Drivers under the influence have a much slower reaction time than sober drivers, who already find it difficult to see and react to bicyclists.

It’s a good idea to avoid riding a bicycle at times when drunk drivers are more likely to be on the road, such as late at night, during holidays, and at various times in college towns.

Drivers aren’t the only individuals who are guilty of operating a transportation vehicle under the influence – because of the lack of an engine, many bicyclists don’t see much harm in biking home after a night on the town. Unfortunately, bicyclists may encounter cars and other hazards while on the road and being less than oneself is a very dangerous condition to be in when it may be necessary to act defensively or cautiously. The best thing to do is to not drink and bike and to avoid times and areas where drunk individuals may be behind the wheel.

Speak with One of Our Accident Lawyers in Sacramento Regarding Your Bicycle Accident

Our accident lawyers in Sacramento have the resources and experience to provide legal advice to avoid car accidents as a bicyclist but can also provide the legal actions to get you the compensation you deserve if you have been injured. Call The Weinberger Law Firm at (916) 357-6767 or send us an email using the contact form.

by

The Dangers of Driving While Fatigued or Tired

Driving while fatigued or drowsy is a disastrous combination. Most people today appear to be aware of the dangers of drunk driving but are unaware that driving while fatigued can prove equally fatal. Just like alcohol, drowsiness slows down and impairs judgment, decrease awareness and significantly slows your reaction time, thereby increasing your chances of causing a fatal crash.

What Is Fatigue?

Fatigue is described as a state of exhaustion caused by overexertion, either physical or mental, or simply not getting enough sleep. Exhaustion, drowsiness, and tiredness all have different meanings from a clinical and linguistic perspective but are often used interchangeably when it comes to road safety. There are several factors that can cause fatigue or drowsiness when driving and they include:

  • Lack of sleep – people who suffer from sleep deprivation at night are more likely to drive while fatigued.
  • Emotional & Physical distress – unhealthy work patterns can also cause severe exhaustion and the inevitable possibility of crashing due to drowsiness and fatigue.
  • Medical conditions – people with medical conditions that require the use of sedatives are also advised not to be behind the wheel while taking such medications.
  • If you have any questions pertaining to your case, contact our accident lawyers in Sacramento immediately.

Every driver has a responsibility to adhere to safety precautions for themselves and everyone else on the road. Driving while fatigued is not only dangerous but it is also extremely negligent and entirely preventable. If you or someone you know has been involved in a car accident because of a fatigued driver, don’t wait to speak with accident lawyers in Sacramento. Driving while tired is never worth someone’s life. Research has established that sleepiness or fatigue causes:

  • Reduced vigilance, alertness, and motivation.
  • Impaired reaction time, poor vision and misplaced judgment.
  • Increased aggression.
  • Challenges in information processing particularly in the short term memory.

The dangers of fatigued driving and drowsiness are unlimited. In fact, some of the most fatal accidents are caused by fatigue and sleepiness. This is one of the reasons why most states are considering legislation allowing law enforcement agencies to charge drowsy and fatigued drivers with criminal negligence whenever they cause accidents.

Determining Fatigue Was the Cause of an Accident

It is next to impossible to tell whether the cause of an accident was due to fatigued driving or drowsiness. However, there are a number of factors that investigators rely on that can determine whether a driver was asleep at the wheel. One of the indicators that the driver was either fatigued or asleep at the wheel is when either the driver or the passengers of a vehicle are the only ones that suffered fatalities.

In most cases, drowsy and fatigued driving accidents only involve a single car. This is a clear indication that the driver was either distracted or drifting off into deep slumber. Another clue the driver was fatigued is when there are no evasive skid marks on the road, which normally shows the driver’s attempts to prevent the accident. Except for the few pointers mentioned above, there is absolutely no way to tell if the driver was either drowsy or fatigued during an accident. This makes attributing crashes to fatigued drivers difficult for the ordinary individual and is a very good reason why you should contact one of our accident lawyers in Sacramento if you suspect someone else’s drowsy driving caused your injuries.

Speak with a Lawyer about Your Car Accident Injuries

Our firm has the knowledge and experience so contact our firm and speak with one of our accident lawyers in Sacramento. If you were injured due to the negligence of someone else, it is important you get legal help. The Weinberger Law Firm is here to support and legally represent you in your car accident claim. Call (916) 357-6767 today for a free consultation.

What to Do after a Car Accident
Car accidents can happen anytime, anywhere and to anybody. Being prepared and knowing what to do after a car collision happens is very important, as well as what not to do. Learn more about What To Do After A Car Accident and make sure you are ready to handle the unexpected and speak with a skilled Sacramento accident attorney who can evaluate your case and decide the best course of legal action.

Call a Car Accident Lawyer in Sacramento Immediately If You’ve Suffered Injuries from a Car Accident

With over 20 years of experience helping victims get the justice they deserve, we have the resources, dedication, and compassion to get you the compensation you deserve during this difficult time in your life.

Call (916) 357-6767 today for a free consultation with our auto accident lawyer in Sacramento regarding your auto accident injury case.

by

Car Insurance Policies in California

Car insurance can be a huge hassle, especially if you’re on a budget and aren’t sure what kind of coverage you need. This post is meant to be a basic guide for California drivers to determine what requirements must be met and how to choose the right insurance for your specific needs. Consulting with a personal injury attorney in Sacramento is a great first step in determining whether you have the right insurance or not.

California Requirements

In the state of California, drivers must be able to cover costs relating to property damage of physical injury that may occur in the case of a collision. The easiest way to cover this basic requirement is to purchase liability car insurance. Liability car insurance covers an individual in the case of a collision that is deemed to be their fault. It helps you pay for damage to another person’s car or medical costs should another person be injured in the collision. It is important to understand that liability insurance does not cover any costs of damage or injury to the person that holds this insurance. You must have specific minimums of coverage for various categories of injury and damage in the policy:

  • $15,000 for injury or death of a single individual
  • $30,000 for injury or death of multiple individuals
  • $5,000 for damage to property

These are just minimum requirements for what your insurance would cover. If the damages are more extensive, you may be held liable for that extra cost. Every case is different so before you begin driving on the road, speak with an experienced personal injury attorney in Sacramento.

Not having car insurance can have serious consequences for the driver and his or her car. A car’s registration can be suspended if insurance isn’t updated or communicated to the DMV in a timely manner. Drivers will receive a letter notifying them of the suspension of a car’s registration. A car can be re-registered with proof of insurance for $14.

Other Methods

To meet the state requirements, you do not necessarily need to have insurance through a private company. Though this is the most common way to gain coverage, there are other options:

  • A $35,000 cash deposit with the California Department of Motor Vehicles
  • A certificate of self-insurance through the DMV
  • A surety bond of $35,000 from any company licensed to do business in California

Proof

You also must have proof of whatever insurance you choose with you in the vehicle when driving. If you are pulled over and don’t have documentation proving you hold an insurance plan or are otherwise financially responsible, you could be fined hundreds of dollars and have your car impounded until proof of insurance is provided. A first offense can result in a fine of up to $200. After that, fines can be up to $300 for every subsequent offense within 3 years of a first offense. Proof of insurance is required in order to register your vehicle in the state of California, another thing you are legally obligated to do as a driving resident of California.

The document proving you have insurance will have the following information:

  • Your name and the names of any other drivers on the same insurance plan
  • The date of expiration of your insurance policy
  • Car Make
  • Car Model
  • Manufacturing Year
  • Safety Rating
  • Car Value

If you have been involved in a car accident and a driver does not have insurance, speak with a personal injury attorney in Sacramento immediately.

Insurance Regulation

California was one of a few states with no regulation on the insurance industry until 1988. Without regulation, costs for automobile insurance raised steeply and made it difficult for Californians to afford car insurance. Citizens voted for Proposition 103 in 1988, changing the auto insurance industry to cut their rats by 20% and subjecting increases in rates to approval by the Department of Insurance. Prop 103 also requires auto insurance companies to offer good driver discounts and bars companies from using an individual’s credit score to determine his or her insurance rate.

There are several other alternative insurance options in the state of California meant to make it easy for citizens to get and keep reasonable car insurance. The Low-Cost Automobile Insurance Program aims to assist low-income individuals to get car insurance, and the California Automobile Assigned Risk Programs can provide insurance to individuals with very poor driving histories, among other assisting programs.

ADDITIONAL INSURANCE

Minimums are just that – the bare minimum of financial coverage an individual is required to have in order to be on the road. Some individuals with specific needs may want to buy additional coverage. Below is a list of some additional insurance options you may find you need depending on your lifestyle:

  • Collision coverage- insures against damage incurred during a collision with another car, an inanimate object, or in the case of a rollover. Unlike liability insurance, this insurance helps you cover damage to your own vehicle.
  • Comprehensive coverage – insures against damages incurred outside the parameters of a car-to-car collision. This can include hitting wildlife, damage due to theft, vandalism, natural disasters, etc.
  • Uninsured driver coverage – covers the cost of damage due to an uninsured driver (as much as 14% of California drivers, according to the Department of Insurance)
  • Rental car coverage – personal insurance only covers your own car. This insurance will help cover costs in the case of an incident with a rental car. Usually offered by rental car companies.

Depending on your situation, speaking with a personal injury attorney in Sacramento might be the best first step in determining the best insurance policy.

Call a Personal Injury Attorney in Sacramento at the Weinberger Law Firm

With over 20 years of experience helping victims get the justice they deserve, we have the resources, dedication, and compassion to get you the compensation you deserve during this difficult time in your life.

Call (916) 357-6767 today for a free consultation with our auto accident lawyer in Sacramento regarding your auto accident injury case.

by

California has a mandatory duty of care law for all drivers on the road. Every motorist is responsible for driving with care and caution for other motorists on the road – including performing safe U-turns. The driver making a U-turn does not hold the legal right of way. So if he or she fails to yield as required, a serious accident can occur. If you’ve been a victim of a U-turn accident, contact an auto accident lawyer in Sacramento immediately for help. You are entitled to compensation due to someone else’s negligence.

California U-Turn Laws

Law’s regarding U-turns depend if the turn was done in a residential district, a business district or neither.

In a business district, no one is allowed to make a U-turn except at an intersection or on a divided highway where an opening has been provided. U-turn’s are permitted in a residential district whenever no other cars are approaching yours within 200 feet. This rule does not apply at an intersection controlled by a stop sign or stop light. A residential district is one in which there are at least 16 homes or businesses within a quarter mile. If you are neither in a business district or residential district, the law says you may make a U-turn as long as you have an unobstructed view of the road for 200 feet. This is true even if you cross over double yellow lines as long as those lines are not two or more feet across. U-turn laws can get tricky, especially knowing which district you are in. Contact an attorney immediately for advice, as every case is different.

What to Do After a U-Turn Accident

Those who make illegal or unsafe U-turn’s not only put their lives at risk but also others on the road. If someone fails to yield for oncoming traffic, a side-impact collision can occur, resulting in spinal cord injuries, brain injuries, broken bones and other internal injuries that could have other repercussions like high medical bills and lost wages. If you’ve been involved in a car accident because of someone else’s negligent u-turn, seek medical attention first and then contact an experienced auto accident lawyer in Sacramento immediately. You or your loved one may be entitled to seek compensation for all damages incurred in such an accident.

U-Turns and Motorcycles

If you a motorcyclist, getting struck by a vehicle in a U-turn accident can cause severe injuries. Motorcyclists are already putting their lives at higher risk of catastrophic accidents, but u-turns increase the likelihood of devastating accidents. Motorcycle u-turn accidents sometimes occur because a rider tries to take a turn too fast and winds up crossing another lane of traffic or driving off the road. A rider could also lose control by braking too hard. If a motorcyclist has been negligent in making a U-turn, accidents can occur. Contact an auto accident lawyer in Sacramento immediately.

Wrong Way Car Accident

Wrong-way accidents happen if a car travels into a lane of oncoming traffic or drives the wrong way down a one-way street. On average, about 360 lives are lost each year in about 260 fatal wrong-way collisions. Often, these collisions are head-on or front-end collision and can be extremely deadly. If you or a loved one has been injured in a wrong-way accident, contact an auto accident lawyer in Sacramento immediately for legal representation.

These types of accidents are usually a result of negligent behavior. Sometimes a driver could be lost, tired or drunk. In most cases, wrong-way accidents have the following causes:

  • Drunk driving or influence of other drugs. We hear it over and over again how dangerous drunk driving is. Drugs and alcohol can cause confusion and result in a driver blacking out or misinterpreting signs.
  • Elderly drivers suffering from mental illnesses. It is important all drivers on the road are mentally stable. However, some drivers who suffer from Alzheimer’s disease or dementia, for instance, can lose the cognitive function to understand or obey signs.
  • Suicidal drivers. Although these may be rare, a person who decides to end his or her life on the road doesn’t usually care for others on the road can, therefore, cause devastating collisions.
  • Medical emergencies. Sometimes, patients who haven’t been treated properly from traumatic brain injuries or untreated injuries can be confused by road signs.
  • Poorly constructed road signs. A missing sign or a poorly placed sign can cause confusion for perfectly stable and mentally sound drivers but can also have severe repercussions on ongoing traffic. In these instances, it’s possible the government entity is responsible for the crash.
  • These accidents, for the most part, could have been prevented. It’s important that if you’ve been a victim of a wrong-way accident, you contact an attorney who can help with your case specifically and get you the compensation you deserve.

Call a Car Accident Lawyer in Sacramento Immediately If You’ve Suffered Injuries from a Car Accident

With over 20 years of experience helping victims get the justice they deserve, we have the resources, dedication, and compassion to get you the compensation you deserve during this difficult time in your life.

Call (916) 357-6767 today for a free consultation with our auto accident lawyer in Sacramento regarding your auto accident injury case.