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Month: May 2023

Personal injury lawyer Personal injury lawyer

How to Find the Right San Diego Personal Injury Lawyer for You

Written by movalawgroup on . Posted in Personal Injury.

Finding a San Diego personal injury attorney is not a priority high on anyone’s list. That is, until they or a loved one are in an accident that’s not their fault. As an accident victim, you must file a personal injury claim to get the financial compensation you deserve. At Mova Law Group – Personal Injury Attorneys, we offer free case evaluations and are available 24/7 to take your call.

Securing a personal injury lawyer is more challenging than you’d think. Late-night TV ads promise fast cash if you hire their law firm, but are their promises legitimate? Your accident attorney should be someone with a proven track record and who comes recommended. Your lawyer should work hard to get you the payment you deserve instead of quick wins. On top of this, they should prioritize your concerns and be an attorney you can be open with. The attorney-client relationship is an important one with much to consider.

Mova Law Group – Personal Injury Attorneys in San Diego has experienced personal injury attorneys. No matter your type of personal injury lawsuit, we cover it in our practice areas. You don’t need to take our word for it, though – we offer a no-risk free consultation for anyone wanting to discuss their case. We put accident victims first; we prioritize getting you the settlement you need. 

When You Need a Personal Injury Attorney:

  • You Suffered Injuries in an Accident.
  • You Require Ongoing Therapeutic or Medical Care as a Result of These Injuries.
  • The Insurance Company Refuses to Give You Fair Compensation for Your Accident Losses.
  • You Have High Medical Bills.

What to Look For in an Accident Lawyer

Personal Injury Attorneys with Years of Experience

You should not take legal advice from just anyone with a law degree. If they do not specialize in personal injury law, they might not be familiar with civil proceedings, the California statute of limitations, or calculating economic and non-economic damages. Mova Law Group – Personal Injury Attorneys has experience in all the following personal injury matters:

Having an attorney from San Diego County is essential too. Local law firms like Mova Law Group – Personal Injury Attorneys understand the issues affecting your area because we’re your neighbors.

When interviewing potential lawyers, ask them about their experience, success stories, and proven track record. See how familiar they are with personal injury cases and how well they know California law.

The Reputation of the Personal Injury Law Firm

Another thing to think about is the accident lawyer’s reputation. You need an attorney that will fight to get you the money you deserve, not one that settles quickly. This may mean taking your case to court, in which case you want experienced trial lawyers who will work hard to get the verdict in your favor. Ask others if you need to become more familiar with accident attorneys known for prioritizing their client in negotiations. Check out testimonials online and ask family members if they recommend a law firm.

Mova Law Group – Personal Injury Attorneys takes your case on a contingency fee basis. This means we stake our reputation on getting you financial compensation you are happy with. You don’t pay until we win. Sit down with us to discuss your potential claim at a free case evaluation, and we’ll make sure we’re on the same page.

Your Personal Injury Lawyer‘s Personality Matters

It’s wise to consider personality when searching for your legal representation. Wherever you go in life, the ability to get along with someone is vital. You likely will only work well together if you and your attorney get along. That’s why at the law offices of Mova Law Group – Personal Injury Attorneys, we offer a no-obligation, no-risk, complimentary case review – we want to start your personal injury case off on the right foot.

What if I Want to Change Lawyers Later?

As the client, it is within your legal rights to switch lawyers during a personal injury case. Even if your case is already underway, you can change lawyers if your San Diego personal injury lawyer is a qualified California attorney. You might want to for any number of reasons.

When you change lawyers, your legal team submits paperwork to let the court and all the other parties involved know you have new representation. This is often as easy as providing a substitution of attorney.

Secure your new one immediately if you want to change lawyers or law firms. If the court suspects that you’re changing lawyers for an improper purpose, they might not allow you any delay in the case. Your trial might go as scheduled even if your lawyer needs more time to get up to speed on the issue. You want to ensure you file everything in time for the statute of limitations. 

Do I Have to Tell My San Diego Personal Injury Attorney Everything?

Lawyers and clients have a significant relationship. Your attorney will be your advocate. The legal process can be intimidating for personal injury victims, but you should always be open with your attorney. You want to ensure your representation knows everything and there are no surprises for either of you. It would be best if you made them aware of the following:

1. Disclose your medical record to your lawyer, including any injuries before (or after) the car accident. Unrelated but serious injuries may impact your case if you fail to disclose vital information. This is also true for future injuries.

2. Tell your attorney about any legal mishaps upfront. Your attorney needs to know about any felonies or misdemeanors. If you have a criminal history, the insurance adjusters may bring up your convictions during the trial to blame you for your accident.

3. Your lawyer needs to know your financial history. If you filed for bankruptcy, the settlement could be part of your estate. Your San Diego personal injury attorney can speak with your bankruptcy attorney.

4. Your attorney needs to know your marital status. If you plan to file for divorce, your spouse might be entitled to a part of your settlement. Your attorney can help you receive your fair share of the settlement.

Litigation can be complicated, and it’s wise to have help. It would help to have a personal injury lawyer you can trust.

Contact Mova Law Group – Personal Injury Attorneys if you need help with a personal injury claim in San Diego, California. Meet us for a free case review, and we’ll show how our experienced personal injury attorneys are the best personal injury lawyers for you!

Dog Bites Dog Bites

Everything You Need To Know About Dog Bites in San Diego

Written by movalawgroup on . Posted in dog Bite Accident.

Dog bites can cause serious injuries and even death. According to the Centers for Disease Control and Prevention, 4.5 million dog bites occur annually in the United States. Almost 13,000 need hospitalization for medical attention. San Diego County has a bad reputation for dog bite attacks on postal workers.

After a dog bite, you may need medical treatment, including therapy, prescription medications, or surgery. A San Diego dog bite attorney can help victims to navigate the medical and legal system.

Ideally, you can avoid needing these services or the help of a dog bite lawyer by reducing your risk of becoming a victim.

Your Guide to Preventing a Dog Bite From A San Diego Dog Bite Lawyer

Owners play a considerable role in attack prevention and need to follow California dog bite laws. Any dog can feel threatened and attacked, even your “family member.” All the training in the world can’t stop a dog’s instincts.

Prevention means educating yourself about the risks. The most responsible thing you can do is know the 4 W’s of dog bites. Learn the who, when, why and where canine-related injuries are likely to occur to prevent you or a loved one from becoming dog bite victims.

Who is Most Likely to Suffer a Dog Bite?

It might surprise you to know that most dog bite attacks that occur are from dogs that are familiar to us. Having a dog in the home increases your bite risk which goes up by 5% for each extra canine. 

Fatal dog attacks hit a record high number in 2021. Generally, dog attack fatalities tend to be very young children or elderly adults. The vast majority of victims are female, and most of the time, the dog is the family pet. Pitbulls and rottweilers are the usual breeds involved in serious bites.

Mova Law Group – Personal Injury Attorneys’s personal injury attorneys recommend children learn to interact with dogs or avoid them for safety.

How to behave with dogs:

  • Don’t approach dogs from behind.
  • Stay away from a dog’s food bowl.
  • Don’t pull a dog by any body part.
  • Don’t put your face by a dog’s mouth.
  • Don’t approach or try to pet an unfamiliar dog.
  • If a dog attacks, don’t panic; curl up and play dead.
  • Give your pup plenty of one on one attention.
  • Keep your pup away from crowds or unfamiliar visitors.
  • Stay visible to your dog in unfamiliar settings to avoid surprises. 
  • If you encounter an unexpected mean dog, stay calm, don’t yell, and attempt to stay still or back away slowly.

Animal experts warn that even our beloved dogs can sometimes be vicious and territorial. Sometimes, you or a friend or loved one may endure a dog bite despite taking precautions. If this occurs, you should call a personal injury lawyer as soon as possible for legal advice.

When and Where a Dog Bites

If a dog bites you, seek medical help right away. If possible, exchange contact information with the dog’s owner. It would help to recall as many facts about the occurrence as possible, such as the dog’s breed and color. Contact San Diego Animal Services if you believe the dog threatens your neighborhood.

Who is at Fault for a Dog Bite?

If your dog causes an injury to another person, you could face serious legal consequences such as a fine or jail time. Your case could also go to civil court.

Under the “One Bite Rule,” dog owners are liable in San Diego when their dog bites someone on private property or in public. Unlike other personal injury cases, you don’t need to prove the defendant’s negligence to get compensated by their insurance company. However, this statute only applies when the victim was lawfully in the setting (no trespassing), as the defendant’s homeowners insurance covers the pet. You can only sue the dog owner, not a dog walker. This rule does not apply to police or military dogs. 

This strict liability premise makes your dog bite case easier than proving the owner knew they had a dangerous dog and didn’t exercise reasonable care to keep it away from others. Your Mova Law Group – Personal Injury Attorneys dog bite attorney can review your case with you. Contact us today for a free case evaluation to get started on your personal injury claim.

Why Every Victim Needs a Dog Bite Lawyer

Dog bite attacks can result in serious injuries. Typical dog bite injuries include:

Victims may need vaccinations, plastic surgery to hide their scars and therapy. To cover your losses from this tragic event, our team at the law offices of Mova Law Group – Personal Injury Attorneys recommends filing a dog bite case right away.

Under California law, you must file a dog bites injury claim within two years of the incident. An experienced dog bite lawyer from our law firm can connect you with resources and tell you the next steps to take during our initial free consultation.

We ensure you don’t get stuck paying medical bills or other expenses. Our lawyers will handle communications with the dog’s owner for your comfort. We will seek reassurance that the dog won’t hurt others in the future.

If you or someone you know has been the victim of a dog bite, don’t wait. Contact us today to get help from a Mova Law Group – Personal Injury Attorneys attorney with the needed experience!

DUI Attorney DUI Attorney

Do I Really Need a DUI Attorney?

Written by movalawgroup on . Posted in Drunk driving accident.

Whether an individual charged with a first-offense DUI (or DWI) should hire a criminal defense attorney depends on many factors, which include personal circumstances and financial ability. However, as many law firms will provide free consultations, speaking with a San Diego DUI attorney offers many benefits. Hiring an expert defense lawyer over having public defender representation may be worthwhile if it means not making a guilty plea bargain. 

You Could Benefit From a DUI Defense Lawyer’s Technical Knowledge

An experienced DUI lawyer is familiar with the latest regulations for blood tests, breath tests, field sobriety testing, and checkpoint standards. Differences in test results may get the case dismissed in criminal court or the punishment reduced.

Drivers consent to certain tests when they get a license from the DMV, and this implied consent includes field sobriety tests. If a driver is accused of driving under the influence in California, they must submit to field sobriety testing. The breathalyzer test is the most widely used option.

If you refuse to take a breathalyzer test at the time of your traffic stop or anytime after that, you will face specific penalties under California law, including:

  • Immediate suspension of your driving privileges.
  • Immediate arrest at the traffic stop.
  • Revocation of your license if this isn’t your first offense.

If you refuse to take a breathalyzer test or have an accident while under the influence of alcohol, you should obtain legal advice from a San Diego drunk accident lawyer since the penalties are severe.

Local Knowledge Can Benefit Your DUI Case

Attorneys practicing in the immediate area are fully aware of the city, county, and state laws on DUI cases. Local lawyers know if the county funds special programs. The court may reduce the penalties or dismiss the criminal case if you agree to attend a DUI diversion program or complete substance counseling.

Experienced DUI Lawyers Have Insider Knowledge

DUI attorneys have defense strategies such as:

  • Capitalizing on errors that may have occurred at the time of the arrest.
    Plea deals deemed acceptable by prosecutors.
  • The best dates to arrange a hearing since they have working ties with local law enforcement officials, court personnel, and judges.

Your defense attorney can use their knowledge of the inner workings of the justice system to ensure people receive fair treatment. Take this recent San Diego example of drugged driving and the conduct of law enforcement and prosecution:

In recent years, the focus has landed on drugged driving, an offense more difficult to prove beyond the shadow of a doubt. Drugged driving in California can be punished as a separate offense or in conjunction with drunk driving.

San Diego municipal officials requested a financial grant from the California Office of Traffic Safety a few years ago to improve efficiency in handling drugged driving cases. They used the money to establish a special prosecutorial unit to handle cases involving drivers they had probable cause to believe were under the influence of prohibited substances. 

According to figures cited by the San Diego City Attorney’s Office, they prosecuted more than 280 drugged driving cases in one year alone, thanks to the grant’s economic resources. A more interesting figure is that the conviction rate is 98 percent in such cases. 

In the past, and even with additional funds, the City Attorney’s Office had trouble demonstrating the burden of proof in drugged driving cases, which an experienced DUI defense lawyer may use to get the case dismissed. With this money, prosecutors can attend conferences and arrange training sessions for drugged driving field police officers. Experienced San Diego DUI attorneys can still seek positive outcomes for their clients.

Additional DUI Case Considerations for Seeking Legal Counsel

Consider speaking with a San Diego DUI attorney if you are unaware of your rights under the law, unsure of state DUI laws, or need to be more informed of the possible consequences that you face. Legal representation is also good if your employment relies on your driver’s license for bonding. 

Serious offense situations (when legal representation is advised) include:

  • This was not a first-time DUI arrest. Prior DUIs make for aggravated drunk driving charges.
  • Your blood alcohol level was double that of the state legal limit.
  • If an accident occurred while you were under the influence.
  • If the collision caused an injury or fatality to another.

Getting behind the wheel while inebriated (DUI) must be avoided. An accident under the influence of alcohol is considered an aggravating factor, increasing the chances of harsher fines and the risk of costly civil liabilities.

Prosecutors in California actually have two forms of DUI charges:

  1. Consumption of (any) alcohol before driving is illegal. ‘Driving’ doesn’t have to mean operating the vehicle; it can be sitting in the front seat. There’s no legal blood alcohol content amount mentioned.
  2. Driving with a BAC of 0.08 percent or higher. Again, that’s a loose definition of ‘driving.’

Most people mistakenly believe they’ll only get a DUI conviction for the second charge, but the prosecution can go after them for the first one too. The system is tricky, and you will benefit from consulting with a knowledgeable San Diego DUI Attorney.

Potential Penalties for a Drunk Driving Charge

Most DUIs are prosecuted as misdemeanors. However, the penalties can be harsh, even for a first offense. These penalties can include the following:

  • One year of jail time.
  • Up to 5 years of summary probation.
  • Fines and court fees greater than $2000.
  • 1-year license suspension.
  • Mandatory enrollment in a court-approved alcohol program.
  • Community service.
  • You must wear and pay for a SCRAM ankle bracelet to record and report alcohol consumption.
  • You are required to install and pay for an ignition interlock device.

In addition, the consequences associated with the motor vehicle accident can result in the following:

  • Liability insurance premium increases.
  • Lawsuits deriving from property damages and personal injuries.
  • Having to pay for the attorney’s fees of the other injured parties.
  • Facing the possibility of a felony conviction, a criminal record, and enhanced penalties.

Contact A San Diego DUI Attorney

When you are charged with a DUI offense, resist the urge to go it alone. When added to the civil liabilities you will face from an accident, the consequences stemming from a DUI conviction are life-altering. You can lose your freedom, driving privileges, and the financial success you have worked so hard to build. You need an experienced San Diego DUI attorney to assist with your DUI criminal charges and accident liability damages. Contact the law offices of Mova Law Group – Personal Injury Attorneys. We will review your case and provide you with the best legal counsel.

Mobility scooter accidents Mobility scooter accidents

Do mobility scooter accidents qualify as Pedestrian Accidents?

Written by movalawgroup on . Posted in Pedestrian Accident.

Motorized mobility aids are quite popular in the United States, and they are especially popular in states like California, where the weather is mild for much of the year. Mobility scooters are used by a diverse range of people, just as they are used by a diverse range of vehicles. And, without a doubt, new technologies will be created to allow for the creation of more varieties of these motorized devices for those who require them. They’ve grown in popularity to the point where the federal government has enacted rules governing their use, including a categorization as a pedestrian vehicle.

Classification

Motorized vehicles are essentially classed as an electric bike, which means that operators must comply with the same rules of the road required by bicycle operators because they do not exceed the 20 mph threshold. This is an important factor when operators are involved in mobility scooter accidents, and having an experienced San Diego pedestrian accident attorney in mind is always a good idea in case of a mishap.

Comparative Fault in Mobility Scooter Accidents

California is a pure comparative negligence state, meaning that all persons involved in an accident are assessed for their individual contributions. The question is how much the injured parties’ actions contributed to their own injuries. Any acceptable financial damages will be reduced based on that amount of contribution, and your San Diego pedestrian accident lawyer will keep this in mind while you negotiate your injury claim.

Serious Injury Cases From Mobility Scooter Accidents

One of the primary problems with accidents involving motorized mobility aids is that there is very little protection provided for the operator, such as being inside a standard vehicle. The final result is that very serious injuries could be sustained by the mobility aid driver, which also means the respondent insurance company can be very difficult in negotiating an equitable settlement. Injured operators will also need an experienced and aggressive attorney handling their claim.

Call Mova Law Group – Personal Injury Attorneys

Anyone in southern California who has been injured in a motor scooter accident should contact the legal professionals at Mova Law Group – Personal Injury Attorneys for a full free evaluation of the potential of their accident injury case. Never let the insurance company control a settlement claim when professional help is available on contingency.

Pedestrian rights Pedestrian rights

What Kind of Legal Rights Do I Have As a Pedestrian in California?

Written by movalawgroup on . Posted in Pedestrian Accident.

San Diego is only pedestrian-friendly downtown, and it’s frustrating and possibly frightening to share the streets with so many drivers. You may enjoy walking for your health, the environment, or wallet. No matter the reason, you have the right to use public roadways for safe travel.The Freedom to Walk pedestrian law is effective as of January 1, 2023. Now, more than ever, we need to know our right-of-way laws if we’re involved in a pedestrian accident. Reviewing your legal rights and responsibilities as a traveler on foot might be helpful.

Do Pedestrians Always Have the Right-of-Way?

Traffic laws in California favor the person walking. While pedestrians and drivers are equal in the eyes of the law, the size and speed of cars give them the advantage in pedestrian-motor vehicle collisions. Pedestrian fatalities can result in criminal charges for the driver of a vehicle, so the personal injury lawyers of Mova Law Group – Personal Injury Attorneys advise you to be safe rather than having to deal with a wrongful death claim. Practice pedestrian safety so you can avoid high medical bills and severe injuries.

Pedestrians are anyone traveling via foot, mobility devices, or self-propelled transport. This includes:

  • Skateboards.
  • Manual scooters (not electric ones).
  • Rollerblades. 
  • Those on crutches or in wheelchairs. 
  • Mobility scooters.

Bicyclists are also a separate entity and have their own rules to follow. Pedestrians have the right-of-way over motorists in marked crosswalks and when the traffic signals give them the green light. Not only that, but pedestrian right-of-way applies to unmarked crosswalks as well.

California Vehicle Codes Regarding Pedestrian Right-of-Way

Travelers on foot have the right to use the sidewalks along roads and be safe from harm, according to California vehicle code. Some of your rights according to pedestrian laws include:

  • A pedestrian crossing at traffic lights, stop signs, or crosswalks always has the right of way.
    • Marked crosswalks have visible lines and a stop sign or traffic control signals.
    • Unmarked crosswalks may be anywhere on the road rather than at an intersection.
  • Motorists may not stop in a crosswalk.
  • Cars cannot pass other cars stopped at a crosswalk (vehicles may interfere with visibility).
  • Cars stopping at a red light must give 5 feet of space to those crossing.
  • Cars cannot drive on sidewalks unless entering a parking lot or alley and must yield to foot traffic on these turns.
  • Blind pedestrians with walking sticks or guide dogs have the right-of-way at all intersections as per White Cane laws.

Some exceptions to your rights as a pedestrian include these rules:

  • You must yield the right-of-way if instructed by law enforcement, even with a walk signal (i.e., traffic control devices stopped and police are directing traffic).
  • Pedestrians give up their right-of-way if they walk on the side of the road on major highways and other busy, prohibited lanes.
  • People on foot must stay out of bicycle lanes except to avoid an obstacle.

What is California’s New Jaywalking Law?

As of January 1, 2023, pedestrians may cross a street at any unmarked crosswalk without getting a citation, per the Freedom to Walk Act. This rule aims to reduce the unfair ticketing of people of color for mild infractions such as jaywalking. 

This jaywalking law means that we all must pay closer attention to our surroundings. A jaywalker may give a motorist little time to slow down. To practice due care, the pedestrian accident lawyers of Mova Law Group – Personal Injury Attorneys recommend staying off smartphones and enjoying your surroundings while walking.

What Happens if a Pedestrian Causes a Car Accident?

While a driver has greater due care than a pedestrian, it doesn’t mean they’re responsible for a crash. Right-of-way protects you from criminal charges in an accident but doesn’t absolve fault. Pedestrians are better off never assuming they have it and always paying attention to their surroundings.

When might a pedestrian be responsible for a car accident?

  • They didn’t use a crosswalk or didn’t obey traffic signals.
  • The pedestrian darted onto a street into oncoming traffic.
  • The person on foot is walking on a roadway off limits to pedestrians.
  • They are on the road while impaired by drugs or alcohol.

Even legally jaywalking, pedestrians must yield, especially to any oncoming vehicles. A driver has to react quickly to avoid an accident when someone emerges from between parked cars, presenting an immediate hazard. Motorists may swerve off the road, veer into a lane beside them, or into oncoming traffic to avoid the pedestrian and end up in a different car accident. A pedestrian accident attorney from Mova Law Group – Personal Injury Attorneys can help you after a collision, whether you were the person on foot or the driver. Contact our law firm today for a free consultation to review your potential personal injury claim. 

Personal Injury Attorneys Help Determine Comparative Carelessness

California’s fault laws allow multiple parties to be liable for accidents. If a driver is speeding, but the pedestrian crosses on a ‘Don’t Walk’ signal, they both might have violated their due care. Insurance companies and personal injury attorneys will negotiate each party’s responsibility percentage (comparative carelessness). This percentage of contributory negligence determines the amount of damages they owe.

If you or a loved one get in a pedestrian accident, contact Mova Law Group – Personal Injury Attorneys law firm today and speak to a comparative carelessness expert. We will review your case during our initial free consultation and advise you of your claim’s viability and expected settlement value. We take personal injury cases on a contingency fee basis, so you only pay once we win the settlement you’re happy with. No matter your role in a person vs. car accident, Mova Law Group – Personal Injury Attorneys will represent you and get the compensation you deserve.

Personal Injury Claims Personal Injury Claims

What do I risk financially if I launch a personal injury claim?

Written by movalawgroup on . Posted in Personal Injury.

California’s tort laws mean you can seek monetary compensation to help cover your expenses if you or a loved one suffer injuries or wrongful death in an accident caused by another’s negligence. But isn’t legal action costly? Is my personal injury case worth suing for? At Mova Law Group – Personal Injury Attorneys, we argue the risk you take to launch a personal injury claim is minimal, but we know it doesn’t hurt to be aware of all the facts.

Worker’s Compensation and Personal Injury Case Risks

Most workplaces have insurance coverage due to the risk of injury on the job. Serious injuries can result from slips and falls and other on-the-job accidents. You can file for worker’s compensation or pursue a personal injury claim if your damages are not covered. 

Make sure the events surrounding your injury are documented in an accident report, and that you see a medical professional right away. Then, reach out to the expert personal injury lawyers at Mova Law Group – Personal Injury Attorneys to have your case assessed.

Retaliation and penalization from your employer are prohibited, so you do not risk your job or economic future by holding them accountable.

Insurance Company Risks in Personal Injury Law

Your insurance provider may increase your premiums after a car accident or other injury. You also risk getting drawn into a lengthy legal battle with insurance companies for a fair settlement, especially in comparative negligence cases where both claimants seek payment.

Your most significant insurance risk is dealing with insurers on your own. We recommend securing the services of a personal injury lawyer from Mova Law Group – Personal Injury Attorneys so that we can look out for your interests.

What About Legal Costs in a Personal Injury Lawsuit?

Mova Law Group – Personal Injury Attorneys takes accident cases on a contingency basis. We do not charge you for our hours or legal costs unless we get you awarded for your damages. 

The assumption of the risk is your attorney’s with contingency fees. If your personal injury lawsuit is unsuccessful, they have to cover their time and fees out of their pocket. 

Using a contingency fee model works in your favor for the following reasons:

  • You can get legal representation if you don’t have money up-front (very helpful if you’re dealing with medical bills).
  • You do not owe your lawyer any legal fees if your case is unsuccessful.
  • Your lawyer is motivated to act in your best interests and get maximum compensation.

It is important to read all contracts when you secure legal representation. You will want to know how much of your settlement you will receive after legal payments. If you do your research in advance, such as arranging a free case evaluation with the law firm of Mova Law Group – Personal Injury Attorneys, you will have no surprises. We will review all details of your claim with you, and explain our next steps.

The Biggest Financial Risk in a Personal Injury Claim

The costliest mistake you can make when filing a personal injury claim is to attempt to take this action alone. An accident attorney knows the ins and outs of the legal system and is familiar with the statute of limitations.

The risks you face, if you do not have an experienced personal injury attorney in your corner are significant. You could encounter any one or more of the following situations:

  • Insurance companies trying to con you into less money or no payout. 
    • Hiring an injury lawyer right after your accident lets them handle all communications with providers and protect your interests.
  • Your evidence needed to make your case is weak and doesn’t meet the burden of proof. 
    • Mova Law Group – Personal Injury Attorneys has access to expert witnesses, healthcare professionals, and accident specialists who can help. We handle claims of all sorts, such as motor vehicle accidents, premises liability cases, property damage cases, and all types of injuries.
  • Your claim won’t be taken seriously, especially if your negotiating point is too high or low. 
    • At your free case review, our personal injury lawyers will discuss the validity of your claim and give legal advice for an injury settlement amount.
  • You aren’t aware of or able to accurately predict future expenses. 
    • Lengthy medical care, lost earnings, alternative transportation, child care costs, and modifications for disabilities from catastrophic injuries are a few economic damages an experienced attorney knows to consider.
  • You don’t know how to put a numerical amount to non-economic losses like pain and suffering. 
    • The only time there’s a cap on non-economic losses is for medical malpractice cases ($250,000). Otherwise, personal injury law calculates these by multiplying your economic losses by a factor of between one and five. Insurance companies will aim low, but your lawyer will fight for a higher number.
  • You settle for less than you deserve. 
    • Mova Law Group – Personal Injury Attorneys’s team will take the time to reach a settlement or take your accident claim to court. Don’t spend your valuable time in legal battles when you could be recovering.

Hiring a personal injury attorney from Mova Law Group – Personal Injury Attorneys virtually eliminates your risk of further financial losses following an accident. An experienced lawyer actually increases your chances of winning your case and gets you greater monetary compensation than if you pursue the claim yourself. 

Following an accident, you and your family members need all the financial help you can get. We understand that you cannot afford to lose any more money on top of your existing damages. Contact us today, and we can set up a no-risk, no-obligation, free consultation as the first step in your financial recovery.


https://www.movalegal.com/contact-us/

Truck accident Truck accident

If I file a lawsuit for a truck accident, will I be suing the driver or the company?

Written by movalawgroup on . Posted in Truck Accident Lawyer.

The legal advice and guidance of an experienced truck accident lawyer are essential if you are in a crash with a semi. 

The size of commercial vehicles alone means accidents usually result in serious injuries. You may pursue a wrongful death suit if you lost a family member. You must ensure you can get the maximum compensation for your case to cover all your medical bills and future expenses.

Unlike in a car accident, a semi-truck driver may not own the vehicle. Many parties could be liable for the accident. Who do you sue for personal injury or wrongful death in a truck accident case?

Are Truck Drivers Liable for an Accident?

The driver of the large truck very well may be liable due to negligence. If they were engaging in any behavior that violated their duty of care and caused the motor vehicle accident, you could prove this in court. This behavior could include the following:

  • Driving while fatigued.
  • Driving without proper training.
  • Speeding, failure to obey traffic signs, and reckless driving.

If you seek damages from the truck driver, you are suing for payment from their insurance company, not them personally. You deserve compensation for your injuries; insurance is there for that purpose. You do not need to feel bad about holding the other motorist responsible for their actions, as they usually do not pay out of pocket.

What if they don’t have insurance coverage or their policy is insufficient? For your severe injuries, involving their employer’s insurance companies might be necessary to be appropriately compensated for your disfigurement and suffering.

How Do You Sue a Trucking Company?

California allows for vicarious liability, so you can seek payment from multiple parties if you can prove they had some responsibility for the accident. The trucker may be one of many options you have for legal action.

Depending on the cause of the accident, the trucking company could also be involved, as could the truck owner or manufacturer. Some examples of multiple-party liability include:

  • The company’s negligent hiring of a commercial driver with a poor driving record or inadequate training.
  • The trucking company or owner didn’t catch a mechanical failure during inspection or cut corners during maintenance. 
  • Product liability cases, where the manufacturer or distributor of the faulty truck parts handles a mechanical failure causing the accident.
  • Improper placement of materials in the back unbalanced the tractor-trailer, which the trucking company‘s loading crew handled.
  • Driver fatigue was the cause of the accident, but the trucking company ignored labor laws and pushed them to meet deadlines without proper rest.

Respondeat superior applies in California, which means you can sue an employer for damages caused by an employee while doing their job. This principle aims to:

  1. Prevent future accidents.
  2. Ensure victims receive proper compensation.
  3. Make larger entities take responsibility for covering damages when the risk of an accident is part of the job. 

In the case of severe accident injuries, you may sue a trucking company, as their insurance can afford a much higher payout than an individual driver’s policy.

Is the Truck Driver an Independent Contractor?

Trucking companies have often used truck owner-operators as drivers, calling them independent contractors to avoid responsibility for their actions. Doing so has shielded the larger company from litigation for driver-caused accidents.

California’s AB5 law means that as of 2020, companies must now treat drivers as employees if:

  • The driver is responsible to the hiring entity for their performance. 
  • The driver is doing a job that falls under the company’s wheelhouse.
  • The trucker doesn’t have their own existing transporting business.

Law AB5 is opening up trucking companies to scrutiny. Many commercial truck drivers in California are owner-operators and have protested against this law, as it affects their earning potential. Despite the trucking industry taking this legislation to the Supreme Court, there is no longer a trucking exception.

Trucking companies operating in the state must provide insurance for the drivers considered employees. This fact doesn’t make winning compensation any easier. 

For all the advantages of pursuing a personal injury claim against the trucking company, there are drawbacks. Larger companies mean more than just deeper pockets, but more aggressive insurers and attorneys. Insurance providers for these companies will try to settle as quickly as possible to avoid negative publicity. They may pressure accident victims to accept a low offer.

A San Diego Personal Injury Lawyer Can Help

The complicated rules surrounding liability and negligence mean you should only attempt to pursue your personal injury case with the help of an experienced law firm.

You will need to determine the cause of the truck crash to determine liability; witnesses and accident experts are helpful. Accident re-creation specialists can provide evidence of negligence being the cause. A truck accident attorney from Mova Law Group – Personal Injury Attorneys can provide these experts, and they will assist with gathering evidence.

At an initial free consultation, one of our experienced personal injury attorneys will review the facts of your truck accident claim with you to determine its viability. During this free case review, our truck accident lawyers will direct you to the most appropriate liable parties for financial compensation.

Your losses in a truck accident are no doubt substantial. Mova Law Group – Personal Injury Attorneys’s personal injury lawyers can help you get the most compensation from all those responsible. We offer a free case evaluation to begin and then take cases on a contingency basis. You only pay us once we get you the settlement you deserve. Contact us today for support in your personal injury case.

https://www.movalegal.com/contact-us/

Resources:

-State of California Department of Industrial Relations