Skip to main content

Tag: car accident lawyer

Cruise control car accident Cruise control car accident

How To Safely Use Cruise Control

Written by movalawgroup on . Posted in Car accident.

The safety of Tesla autopilot cars is a hot debate topic, with recalls and self-driving accidents making recent headlines. On the other hand, cruise control features have been around for a long time and offer real perks. Cruise control has many benefits for drivers. With each new vehicle model released, technological advances like adaptive cruise control systems make driving on long road trips safer and less strenuous.

How Does Cruise Control Work?

Most vehicles have a conventional cruise control feature that allows the driver to set a desired speed and leave it. The system disengages from the set speed when the driver presses the brake pedal or the steering wheel’s cancel buttons. A set button allows the driver to take their foot off the gas pedal and save their energy. Cruise control increases fuel efficiency on long drives as the car maintains a constant speed. Drivers must still follow other vehicles at a safe distance and be prepared to slow down or stop as necessary.

Adaptive cruise control is an option in many new cars and SUVs. With a set cruising speed, the auto’s cameras will maintain a safe following distance from other cars and reduce or increase vehicle speed to avoid collisions. This cruise control feature has the same fuel economy as conventional versions since the accelerator pedal pressure doesn’t fluctuate.

Is Using Cruise Control Safe?

Yes, cruise control is safe, but only as much as the person using it. Regarding machinery, it is best to treat the system like it’s a novice driver requiring continual monitoring.

A driver must always be aware of the road around them. Follow these safety tips and avoid using this feature when:

  • The driver is feeling fatigued and wants to relax. If there’s a concern about falling asleep at the wheel, avoid driving entirely, and don’t let the car take over.
  • The driver is distracted or intoxicated.
  • There are poor weather conditions. Rain and puddles can cause a car to hydroplane when on cruise control. The vehicle’s electronic monitoring system may disengage cruise control if the computer detects rapid wiper motion or a wheel leaving the road.
  • Road conditions are uneven. Dirt roads, off-roading, potholes, and other street issues can cause the vehicle to lose its grip on the road. Once engaged, Antilock Brake Systems connected to cruise control can shut off the system without warning.
  • Driving through the city or a heavy traffic area. Cruise control is not helpful if many traffic lights, residential areas, other cars, and construction zones require quick system disengagement to obey the speed limit.
  • Attempts to use the cruise control failed. This failure is a sign of a mechanical or electrical issue. If cruise control won’t take over the first time it’s attempted, put the car in neutral and pull over.

With a safe speed, proper focus, and attention to the driving conditions, you should encounter few issues while using cruise control settings.

What if Cruise Control Fails?

What if you did everything right: You read the owner’s manual, heeded all safety tips, and were still in a collision? The vehicle is not at fault, but its manufacturing or repair may have flaws.

Handing over some control of your car’s speed to a machine doesn’t absolve you of responsibility if you get into an accident. However, experienced personal injury lawyers can help you in the aftermath of a collision if you use the cruise control feature.

Insurance companies will consider your choice to give up control of the vehicle as reckless and even “gross negligence.” Using cruise control could be seen as not adhering to the standard of care needed for others on the road. If a malfunctioning cruise control system is to blame for your collision, this can reduce your liability.

A Car Accident Lawyer Can Help

After a crash, hiring an experienced car accident attorney is in your best interest. They can explore the vehicle history to see if the model of the car had cruise control issues or if a mechanic did not properly repair the system. Using this evidence and expert witness testimony, they can prove you are not at fault for this rare incident. 

A Mova Law Group – Personal Injury Attorneys attorney will take your product liability case on a contingency fee basis. We will immediately advise you of your legal options in a free consultation and help you recover damages.

An accident while using cruise control shouldn’t damage your good driving record. You should not have to pay when you are at the mercy of an automobile.

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

car accident lawyers car accident lawyers

What You Should Do After a Car Accident

Written by movalawgroup on . Posted in Car accident.

Knowing even a few steps of what to do (and not do) after a car accident can help in these stressful situations. Your actions can help you get the compensation you are entitled to, no matter the collision’s severity.

The moments immediately following an accident are chaotic and confusing. No one expects to be in a car crash, and despite the best intentions, being fully prepared is almost impossible. 

Here are some good practices to keep in mind in any vehicle collision.

1. Take a Deep Breath and Survey the Scene

Safety is the top priority at the time of the accident. Put on your hazard lights, and if you can, move all vehicles to the side of the road to avoid a larger collision. Help any passengers remove themselves from the cars unless they are too badly injured.

2. Call 911

Even if you or any others involved feel okay, it’s essential to call 911. Emergency medical teams can provide the help needed, and a police officer must document the accident. A police report must be filed immediately as evidence to proceed with a legal claim later. Not only that, it is the law. Failure to report an accident can result in a suspension of your license. If you leave the scene of an accident and don’t exchange information and report the accident, you risk a hit-and-run charge.

3. Document the Accident

Take pictures of the scene and your car’s damage with your cell phone before roadside assistance clears the scene of the accident. 

Get contact information from any witnesses present. Be sure to ask what they saw in the lead-up to and after the crash.

Keep interactions with the other party brief and objective so you don’t worsen an already tense situation. You must exchange the following with them:

  • Full name.
  • Phone number.
  • Driver’s license number and license plate number.
  • Insurance card with your car insurance policy number.

Do not admit fault to anyone, even if you feel you are to blame. California is a “fault” state, so the at-fault driver could end up paying damages to the other party. Liability for an accident can split legally, so don’t let yourself get taken advantage of.Police will speak with you, the other party, and witnesses and create an accident report from the recorded statements.

4. Seek Medical Attention

You may feel stunned and run on adrenaline out of shock, which may mask any injuries. Further complicating matters, serious injuries don’t always appear immediately and may worsen without treatment. Watch out for:

See a doctor as soon as possible to document any accident-related physical issues. Doing so ensures a quicker recovery and means your treatment is on record for insurance claims.

5. Contact an Experienced Car Accident Attorney

If the accident was not (entirely) your fault, you could be entitled to a financial settlement. Compensation may cover:

  • Medical bills, both current and future.
  • Repairs for vehicle damage.
  • Rental cars, if yours is a write-off.
  • Property damage.
  • Pain and suffering.

A personal injury lawyer is of valuable help here:

  • They are familiar with deadlines for filing reports and claims. 
  • They can accurately estimate your damages.
  • They can work with your doctor to inform you about your medical treatments or connect you with health professionals if needed.
  • If required, they have expert connections for trial use (medical witnesses, accident recreation specialists, etc.).
  • They can handle communications with all involved parties, including law enforcement and insurance agents.
  • They begin the settlement negotiation process.
  • Car accident attorneys improve your chances of receiving compensation.

6. File an Accident Claim With Your Auto Insurance Company

Trusting that your insurance adjuster has your back would be nice, but these companies want to avoid paying out money, even if you have insurance coverage. They will avoid accountability as much as possible and may try to get you to admit fault.

Have a lawyer before you call, or the other driver’s insurance company contacts you. An auto accident attorney knows what insurance information needs to be passed along and can help handle all communication on your behalf.

Why Do I Need a Car Accident Lawyer?

There are many things to keep on top of after an accident, and you don’t deserve to deal with these burdens alone. If you or a loved one were in a motor vehicle crash, you are best served to focus on your recovery. 

The earlier you can secure legal representation, the smoother the claims process. Reaching out to an experienced car accident attorney should be among the first things you do if you are in a collision, regardless of the severity or who is at fault.



The experienced team at Mova Law Group – Personal Injury Attorneys in San Diego, CA knows what to do after an auto accident. We can help take some of the weight off your shoulders in this stressful time. You don’t need to worry about the cost of reaching out either – we offer a free consultation and take your case on a contingency plan basis. You don’t have to provide payment until we negotiate the settlement you deserve.

In the aftermath of a car accident, contact the law firm of Mova Law Group – Personal Injury Attorneys for risk-free, helpful representation when you need it the most.

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

Resources:

-California DMV 

-Personal Injuries

Will My Insurance Cover My Auto Accident?

Written by movalawgroup on . Posted in Car accident.

Will My Insurance Cover my Auto Accident?

Whether you’re the victim or the culprit in an auto accident, chances are you want to know what expenses are covered by your insurance. Here’s what to expect.

First, you were in an auto accident. Now, you have to worry about the medical bills.

It’s a frightening situation, one that 2.35 million Americans face each year.

Keep reading to find out more about how insurance works in the event of a car accident and what the laws mean for your accident.

Insurance in an Auto Accident

Our San Diego personal injury attorneys have extensive knowledge in this area, but before we can determine whether your insurance will cover the costs of your accident, we must first discuss how insurance works.

There are two types of insurance you’ll be working with after a car accident: health insurance and auto insurance. First, we need to talk about deductibles.

How Do Deductibles Work?

A deductible is the predetermined amount that you pay for covered health services before your health insurance kicks in to cover the rest. Once this happens, you’ll only have to worry about copayments or coinsurance.

However, deductibles also apply to other forms of insurance, including auto insurance.

Many plans pay for certain services before the deductible is met, and many have separate deductibles for different services–a common health insurance example is prescription drugs. Our El Cajon Car Accident Attorneys are here to help.

If you’ve been hurt in a car accident, you’ll still have to pay the deductible before your insurance kicks in and pays the rest of the bill. Because the objective is to get you the finest care possible for your injuries, you won’t be expected to pay the deductible right away.

Afterward, though, you will get a bill detailing the costs you’re responsible for under the deductible. Accident lawyers will make sure that you’re reimbursed for healthcare costs if you end up filing a personal injury lawsuit. Hire an El Cajon Personal Injury Attorney that you can trust.

What Insurance Should You Use?

Picking the right insurance just in case you are involved in an auto accident Picking the right auto accident insurance policy plan.[/caption]

This brings us to our next question: what insurance should you use?

We mentioned earlier that you’re dealing with two types of insurance in an auto accident: car insurance and health insurance. Specifically, you’re dealing with personal injury protection insurance (PIP), which is a form of car insurance.

PIP is designed to cover the cost of treatment, rehabilitation, and lost wages directly resulting from a car accident. It’s required in 16 states: Michigan, Massachusetts, New Jersey, New York, Delaware, Rhode Island, Maryland, Connecticut, Minnesota, North Dakota, Oregon, Kentucky, Kansas, Arkansas, Florida, and Utah, as well as the District of Columbia.

In all the rest of the states, including California, PIP is optional.

In states that require PIP or MedPay, you’re required to use PIP or MedPay to the limits before you can start using your health insurance.

If you don’t have PIP, you can use your health insurance for all medical bills connected to an auto accident. This is often the best option, at least initially, because it can take some time to sort out a claim with the other driver’s insurance.

Whose Insurance Pays for an Auto Accident?

With this in mind, whose car insurance will end up paying in the event of a car accident?

Well, that depends on your state liability laws and, as a consequence of those laws, who was at fault.

Understanding State Liability Laws

We mentioned earlier that PIP is required in about 16 states. These are called no-fault states, which makes sense because PIP is also called no-fault insurance. The remaining states are fault states.

Whether the other person’s insurance will cover your costs after the accident depends on which state you live in. California is a fault state, but as a point of reference to understand what you’re dealing with, let’s break down no-fault as well.

No-Fault

The no-fault system comes from a reality that most people accept as true: the tort system (the lawsuit system) leads to long and expensive court battles over who was at fault and their degree of fault.

As such, policymakers in no-fault states decided to address that issue directly.

In no-fault states, a good driver doesn’t need to prove that another driver was at fault in the accident in order for their insurance to pick up the bills. The tradeoff is that the injured party cannot sue the other driver for pain and suffering, emotional distress, etc. thus resolving the issue of lengthy court battles.

This is for health insurance. In terms of damage to your car, you would handle a claim with your auto insurance the same way you would handle health insurance in a fault state.

Thresholds

Lawsuits for personal injury are permitted if they meet a certain threshold in a no-fault state. What that threshold constitutes varies widely based on the state in question.

There are two types of thresholds: monetary and verbal.

In monetary threshold states, medical expenses must exceed a certain set dollar amount.

In verbal threshold states, injuries must be relatively severe–such as significant loss of use of a body part, permanent disability, or disfigurement–or expressed as the length of disability, such as full disability over four months.

Fault

Then there are fault states like California.

In this system, insurance companies pay claims based on the degree of fault of each party. This can become a problem if you and your insurer don’t have the same interpretation of degree of fault.

If this occurs, you may need to file a suit for damages.

Three Types of Negligence and Fault Insurance Claims

This is done by determining negligence–basically, if you are negligent in an accident, then you are at fault.

California is a pure comparative negligence state. What this means is that drivers can recoup losses in proportion to their degree of fault in an accident. The obvious problem, of course, is that this can be highly subjective.
[/av_textblock]

Finding the Right Accident Attorney for You

This is where an auto accident attorney is invaluable to you.

If you were in an accident, take a look at these seven things you need to do on the scene. From there, take a look at our guide to filing a claim after an accident.

But remember: when you’re in a tough spot, nothing beats an experienced, dedicated attorney. Contact Us to get started with your free consultation.

Our San Diego personal injury attorneys have extensive knowledge in this area, but before we can determine whether your insurance will cover the costs of your accident, we must first discuss how insurance works.

Our san diego Location

San Diego Personal Injury Lawyer | Mova Law Group – Personal Injury Attorneys

3262 Rosecrans St, San Diego, CA 92110

(858) 333-4999

https://www.google.com/maps?cid=420244497883360927

Our El Cajon Location

San Diego Personal Injury Lawyer Mova Law Group – Personal Injury Attorneys

1283 E Main St #211, El Cajon, CA 92021

(619) 349-1589

https://www.google.com/maps?cid=8894356476193724488