Accidents can happen for a variety of reasons. Humans are distractible, technology fails, and the unexpected happens. Arguably, one of the only things out of our control is the roads we drive on: what they look like, how they’re maintained, and how safe they are. Truck accidents in these situations are far more severe. When roads are ill maintained, everyone loses, and your life could be altered forever. These are called defective roadways. If you are involved in a car accident due to a defective roadway and injuries are sustained because of it, speak with an experienced Stockton auto accident attorney for legal help.
Dangerous roads can arise from faulty execution (design, construction, maintenance), or failure to adapt to changing conditions. Driving on a defective roadway can reveal itself in many ways, for example:
California roadways are maintained by either the California Department of Transportation (CalTrans) or by a government entity (local, state, etc.). Since these cases are often levied against the government in this situation, it takes a nuanced defense to avoid the loopholes the government creates in order to hold them accountable. These cases are intimidating, and taking on the government can seem impossible, but our experienced attorneys can make sure the law is on your side for your best chance at compensation.
State governments will try to use their immunity from liability however, there are different courses of action you can take to establish liability. A personal injury attorney can help you establish liability by:
Legal defense can help to establish liability for governments or government institutions in these cases. These charges are either toward the contractor that the government hired to carry out the job, or negligence on the part of the institution. There is a statute of limitations for bringing claims against the government so reach out to a knowledgeable auto accident attorney who can fight your claim and get you the compensation you deserve.
If you or a loved one has been injured from an auto accident, consultation with a Stockton auto accident attorney is necessary to assess whether any or all road problems contributed to the accident. Please call today to begin building a claim.
Everyone looks forward to spending time on the water in the warmer months, especially in the hot California sun shine. But it’s important to practice proper safety procedures while on the water and to remember that not everyone is as smart and careful as you. If you go on the boat often, it may be a good idea to take a boating education course. Statistics from the last five years show that three quarters of California boaters who were involved in fatal crashes had not taken a boating safety course. Often, the individuals who die in boating collisions are not wearing life jackets, which is a very simple way to increase your survival chances. While you may trust the driver of your boat and think it’s unnecessary to wear life jackets, it’s impossible to know the qualifications of others out on the water. In any circumstance, if you have been in a boating accident, make sure to speak to a highly skilled Stockton accident lawyer to learn what legal actions you can take.
California has many laws related to boat safety. If you are involved in a boating accident with another individual who is exhibiting any of the following behavior, it may be possible to show they were at fault and that they are responsible for whatever injuries occurred.
Below is a small portion of the many laws California has passed regarding what is acceptable and necessary when boating on its waters. Of course, it’s always best to consult with a Stockton accident lawyer as it pertains to your circumstance.
This is categorized as failure to exercise the necessary care to prevent the endangerment of life, limb, property, or any person. Examples may include but certainly aren’t limited to:
This is categorized as failing to maintain a proper speed and/or distance from other vessels, objects, or people. Examples include:
Permitting individuals to ride on the bow, gunwales, or any other place where there is a danger of falling overboard, or in a position or manner that is obviously dangerous, is prohibited. This provision does not apply to a vessel’s crew when anchoring or mooring, or when required for the management of a sail.
This category of prohibited behavior is characterized by the operation of a vessel in a condition that causes danger to the occupants or others on the waterways. While this may sound similar to reckless operation, it is more about the actual state of the vessel rather than the maneuvering of its driver. Examples include:
Law enforcement officers are permitted to require the operator to take immediate corrective action or to return to shore if any such unsafe conditions are present.
There are many more rules and regulations regarding the operation and maintenance of boats on California waters. If you are involved in an incident on a boat that is not following the law or with another vessel that is not following the law, you may be entitled to compensation for any damage or injury you incur. Be sure to contact a qualified Stockton accident lawyer to listen to the details of your case and assist you in legal action, if necessary.
For over 10 years, Lance V. Friel has been helping victims of accidents all throughout Northern California. If you or a loved one has sustained injuries from any type of accident, including a boating accident, give us a call at (209) 464-800 to speak to an experienced Stockton accident lawyer. We fight hard to get you the legal justice and financial compensation you deserve.
Victims of hit and run accidents are likely to feel angry and confused, and it can make the already difficult process of getting the compensation that you deserve seem impossible. This page will outline some general facts about hit and run accidents and procedures for handling these situations to help ensure yourself the best possible outcome.
It is against the law in all 50 states to leave the scene of an accident without following proper procedure. Generally, a hit & run accident is defined as:
“Leaving the scene of an accident without first stopping to render aid”
Rendering aid can include assisting anyone who is injured during the collision, calling the police or emergency services, or leaving your contact information so as to aid in the investigation of the accident. If a driver leaves the scene of an accident without first rendering aid in any form necessary at the time (it is always necessary to aid in the investigation by providing all of your information to other involved parties and/or the police) they can be charged with hit and run. In California, you can be charged with misdemeanor or felony hit and run. Felony hit and run charges can be brought if the incident resulted in injury or death.
The most important thing to do is stay calm and collect all the information / evidence that you possibly can. It is an unfortunate truth, but insurance companies and police may treat you as if you are attempting insurance fraud, as falsely claiming a hit and run accident is a common fraud scheme that plagues the insurance industry. Having more information increases the chance the police will catch the hit and run driver, and the insurance company will fairly pay out your claim.
Proper Steps to Take Following a Hit & Run Accident:
Taking the steps outlined above will give your attorney the best possible chance of recovering compensation for you following a hit and run collision. Even if you have not properly followed the steps above and have no idea who hit you, there is still hope!
California requires drivers to carry uninsured motorist coverage, generally used for accidents caused by another uninsured driver, but also used to cover individuals who have been the victim of a hit and run. This type of coverage generally applies to bodily injury and not property damage, but in California, there is precedent for this coverage to be used for both.
Please give our office a call today for a free consultation with our Stockton accident lawyer – its OK if you didn’t follow the steps and have no idea who hit you, we can help!