How Auto Insurance Works in California

Whether you are a newly-licensed driver or have been driving for years, the one common connection of everyone on the road is the need for auto insurance. There are choices of companies to choose from when purchasing car insurance, but what exactly are you paying for?

Every state has its own regulations as to what coverage is required, and determining your steps after a car accident can be overwhelming. Most purchase auto insurance as a requirement without much thought. If you are a victim of a car crash at the fault of another, whose insurance is liable? How do you go about collecting compensation? The professionals at The Kindley Firm, APC are here to answer all of your questions. 

Minimum Auto Liability Coverage

The role of car insurance is to help cover the financial cost of major damage from a motor vehicle accident. After you pay your deductible, the balance of the cost is covered by the insurance policy. California sets financial responsibility laws that mandate drivers maintain an active policy with a minimum of 15/30/5 coverage. Coverage includes:

  • Bodily injury coverage: $15,000 per person and $30,000 per accident
  • Property damage coverage: $5,000 
  • Uninsured motorist bodily injury: $15,000 per person and $30,000 per accident
  • Uninsured property damage coverage: $3,500

What Does Insurance Typically Cover?

When a negligent driver injures you in a motor vehicle crash, their insurance should pay for your medical bills and any property damage. Depending on the severity of your injuries and the amount of coverage they opted for in their policy, this might not be enough to cover your expenses. Connecting with a personal injury attorney will ensure you receive fair compensation.

California is a fault state for vehicle insurance liability. This means that after an accident, the person who is at fault will need to have their policy cover damages for the injured parties. Simply, if you are injured you will have to file a claim with a stranger’s insurance plan, which in turn may downplay your injuries and attempt to minimize your compensation. 

Comparative Negligence

In any personal injury case, fault needs to be determined. A legal representative with extensive experience in personal injury law can assist in determining the fault of another. 

However, the accused may try to argue that not all of the fault lies in their hands. If they are able to argue that both parties are to blame, each auto insurance policy may have to share the responsibility. That means you’ll receive less compensation than you would have otherwise. 

Secure Personal Injury Representation 

If you or a loved one has been injured in a motor vehicle accident, don’t lose out on the compensation you deserve by attempting to negotiate with the insurance company on your own. Policies can be complex, and the at-fault insurer does not have your best interest in mind. 

Let the dedicated professionals at The Kindley Firm, APC fight for you. We have extensive experience in personal injury law in California. We pride ourselves in getting the compensation our victims deserve to help them on their road to recovery. 

Connect with us today by calling 619-550-1313 for your free consultation, or complete the online form below. 

How Often Do Pedestrians Get Hit by Cars?

Drivers aren’t the only ones at risk while on the road. Drivers are supposed to share the road with pedestrians, but unfortunately, many pedestrians are hurt or even lose their lives because of the carelessness of a driver. 

While preventative measures can be taken, it’s impossible to predict a driver’s behavior, especially if they’re not exercising the right amount of caution in a populated area. So how frequent are pedestrian accidents, where a pedestrian is struck by a car? Here’s what you need to know. 

Are Urban Areas Dangerous?

The majority of accidents that involve pedestrians take place in urban areas, especially when there’s a significant amount of traffic. Intersections can also be risky, as they require more focus than usual and the slightest distraction can cause a disaster. When so many vehicles are in one place, the probability of involving multiple pedestrians who are crossing the street is greater. 

This doesn’t mean that rural areas are exempt from being a part of the problem. The lack of appropriate traffic control coupled with the frequent high speeds makes these sectors dangerous as well. Rural streets also tend to be narrower and offer reduced visibility, which can make it harder to brake before someone gets hit. 

What Leads to Accidents Involving Pedestrians?

The reasons behind pedestrian fatalities are usually similar to the ones that result in car crashes. The number one culprit is often distracted driving. A driver who takes their eyes off the road, even for a few seconds, or is busy with other activities while behind the wheel, is dramatically increasing the chances of hurting themselves and others around them. 

Alcohol can also slow down reaction times, leading to drunk drivers who fail to notice pedestrians in the crosswalk. Ignoring road signs, especially around schools, or making sudden and illegal lane changes can also cause severe injuries to pedestrians. Any time a driver fails to exercise reasonable care, there’s a chance for a devastating event to happen. 

How to Prevent a Pedestrian Accident

A pedestrian can exercise caution to reduce the possibility of getting hit by vehicles. Avoiding dangerous and unusual behaviors can be a good start. Jaywalking may appear harmless on paper, but it can easily cause a road crash. Be careful when crossing the street and look both ways before committing. 

Remember to also obey traffic signals, and to use devices such as headphones or earbuds only in appropriate places. High volume can stop you from being aware of your surroundings and won’t let you react quickly if a vehicle is nearby. If you’re considered partly responsible for an accident, you won’t be able to obtain the maximum amount of compensation for your claim. 

A San Diego Injury Attorney Can Help

Pedestrian accident victims often find themselves dealing with catastrophic health conditions that require permanent treatment. This can be taxing on their finances and make it harder to continue enjoying life as they used to. Speaking with a San Diego injury attorney can help you obtain the compensation you need to take care of the damages caused by negligence. 

The Kindley Firm, APC, can examine your case and provide you with the answers you need to move forward. Our knowledgeable attorneys won’t stop until you’ve received a fair settlement. To schedule your no-cost case evaluation, call our office at 619-550-1313 or complete our quick contact form. 

Helping a Loved One Recover from Elder Abuse

Abuse of any sort is a horrible reality in society today, those who abuse elders pray on one of our most vulnerable populations. As the population of those aged 65 and older grows, so does the prevalence of elder abuse. 

California is not immune from this statistic. Whether you think your loved one is being taken advantage of by family members or being mistreated by healthcare providers, our legal team is here to help.

While the impacts of elder abuse can affect you both emotionally and financially, seeking a legal advocate can help you start the road to recovery. 

Know When Action Needs to be Taken

At times it may be difficult to spot elder abuse, get reports from a health care provider who could potentially be at fault or listen to details from your loved one thinking they might be confused about details of the event. Elders need a trusted advocate, to ensure their safety and report any suspected wrongdoings. 

Look for warning signs that your loved one is being mistreated. In the event of suspected physical or emotional abuse and neglect look for unexplained bruises, sprains, or significant behavior changes. When they are being taken advantage of financially, look for large withdrawals or missing valuables or cash from their household.

Recovering From Financial Elder Abuse

Financial exploitation is a crime. It is the use of an individual’s funds or property without authorization. This may involve misuse of income checks and credit cards, stealing property and cash, or asking for fraudulent donations for fictional charities or organizations. Even the most diligent adult can fall victim. 

It is often difficult to track financial exploitation as elders do not always keep current and complete financial records. Elders often delay reporting that they have fallen victim to fraud and scams as they may feel family members will question their competence or feel that they will not be believed. Speaking to an attorney gives you options to recuperate lost funds and valuables.

Elder Abuse and Neglect

As the elder population grows and the average life expectancy extends, it is an unfortunate reality that the occurrence of abuse and neglect to this population grows as well. Whether this occurs in a nursing home or in their own home by a hired caregiver or family/friend, this should be reported immediately. 

Know the signs, check in regularly, report any concerns and obtain a lawyer to protect their rights, start the recovery process, and protect against further mistreatment.

Let a Lawyer Help your Loved One in their Recovery

There are millions of elders who fall victim to elder abuse every year, and millions of dollars are robbed from their rightful owners. Many don’t receive the justice they deserve or recover from such mistreatment, don’t let that be your family or friend. 

It is possible with the right attorney on your side to move forward. Immediately report your concerns to the authorities and then do not hesitate to call The Kindley Firm, APC, at 619-550-1313 or complete the following online contact form below to start with a free consultation. 

How to Protect Your Loved Ones from Elder Abuse

Taking care of your loved ones, especially when they’re no longer able to do so themselves, must not be taken lightly. Asking for professional at-home assistance or considering a nursing home may look like the correct steps, but unfortunately, they may not have your loved one’s best interests in mind.

Elder neglect and abuse are a problem in the United States, and protecting your loved ones isn’t easy. Take these steps to work toward protecting them from elder abuse. 

Regular, Frequent Visits

Checking on your loved ones any time you’re available makes them feel better and can help you recognize early signs of elder abuse before severe damage is done. Gather as much information as possible during your visits, and don’t be afraid to ask questions about the way they’re treated. 

Underlying issues may be difficult to talk about for them, which is why you should stay calm and reassure them that you’re ready to help if something’s wrong. Being prepared to step in is one of the most important steps to take if you want to prevent abuse. 

Keep an Eye on Their Finances

One of the most common forms of elder abuse is financial exploitation. Elderly individuals are vulnerable, and it doesn’t take much for a new friend or a caregiver with ill intentions to gain their trust and access their finances. Because of this, you should always check their bank accounts and look for unusual movements. 

If you notice large withdrawals, constant visits to an ATM, and unpaid bills, you should step in immediately. Setting up notifications every time someone other than you gains access to their bank accounts or finalizes a transaction will allow you to stop the abuse as soon as it starts. 

Choose a Reliable Caregiver

When you hire a caregiver, you’re putting your loved one’s life and physical and mental well-being in their hands. You should take your time before you make your choice, as you don’t want to regret it later. Don’t hesitate to ask questions while conducting interviews, and try to always understand their true intentions. You want to make sure they’re qualified to handle difficult situations. 

A criminal background check is a key to spotting past elder abuse. Even personal research can help you spot previous news stories or other issues due to past abuse if the caregiver is a danger.

Taking Further Action

If you notice any signs of exploitation, neglect, or abuse, you need to take further action immediately. Involve your local police department and request an investigation. 

If you notice inconsistencies in their finances, contact their bank and ask about your options to stop unauthorized transactions and prevent them from reoccurring. Taking these steps can protect your loved one and provide evidence for their legal claim. 

Get Help from an Elder Abuse Attorney

If your loved ones have been suffering because of elder abuse, you have the option to seek compensation for everything they’ve been through. 

Our legal consultants at The Kindley Firm, APC, know how much it hurts to see a loved one suffer, and will use their experience to file an effective claim on your behalf. We offer a free consultation, and we’ll make it a priority to find the best course of action for your situation. You can get in touch with us by calling 619-550-1313 or completing the online contact form. 

Are Witnesses Important in Car Accident Claims?

When you’re involved in a car accident, there’s a good chance there are other people in the area who saw the accident happen. These individuals are known as witnesses. In other cases, witnesses may not have been present, but their knowledge is still key to proving your car accident claim. 

If you’ve been in a car accident in California, you need to know who saw the accident happen. Having a credible witness can either make or break a car accident claim. Here’s what they can do to affect your car accident claim.

The Importance of Witness Testimonies 

Witnesses are a vital component in any car accident claim. They provide an impartial view of the accident. They usually have critical information that shows who is at fault for a particular accident. For example, they may have noticed the at-fault party texting prior to the accident

An eyewitness testimony can help contradict the at-fault party’s claims if they are disputing your version of events. If you’ve been in a car accident in California, you need to gather contact information for any eyewitnesses. This helps your attorney reach out to them at a later date.

California law enforcement at the scene will also question and record witnesses. This testimony from these witnesses will go into the accident report they create, including their contact information.

Types of Witnesses 

A few types of witnesses can provide testimony on the car accident. Every kind of witness has its own part to play in your car accident claim. Here are the types of witnesses you may need to be familiar with: 

  • Eyewitnesses – These are bystanders that were present during the time of the accident. They provide an objective, third-party view of the accident itself. However, they cannot have been involved in the crash or have any relation to those involved in the crash.
  • Expert Witnesses – If you have a complex case, the attorney may decide to bring in an expert witness. These witnesses are usually professionals such as medical doctors, mental health care providers, highway safety experts, or others involved in the accident and care. 

What Impacts Witness Credibility?

There are a number of instances that can impact the credibility of the witnesses of the accident. Insurance adjusters are generally those who challenge this credibility when they want to minimize the company’s losses. Below are some examples of impacts on their credibility: 

  • The connection of the witness to those involved in the accident
  • The consistency of the eyewitness, or how often they change their story
  • The health of the witness, such as being unable to see very well during the time of the crash
  • What the witness actually saw during the accident, or if the person was distracted during the accident

A knowledgeable attorney can help you determine which witnesses are credible in your case. This can help strengthen the case overall, which helps you secure the compensation you’re due

Let Our Professionals Help With Your Accident Claim

When you’re hurt in a car accident, witnesses can help you win your case. But their testimonies must be used to best benefit your claim. 

Here at The Kindley Firm, APC, we can work with you on your accident claim and make the most use of eyewitness testimony. Start with a free consultation before you go to court, and we can maximize your evidence and compensation. Give us a call at 619-550-1313 or fill out the following online contact form to speak with our attorneys regarding your specific situation. 

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