OVER 400 Legal Answers to Frequently Asked Questions to a Variety of California Injury Issues and Legal Problems Associated with California Accidents

What is my case worth? What should I do after a bicycle accident? My car's brakes didn't function properly, do I have a case? Should I sign the insurance company's proposal? Some of your questions may have been answered already on Mark Blane's website. However, San Diego county accidents happen all the time, and all sorts of different questions about different injury scenarios can be raised by a person who is injured. As a result, this personal injury website is dedicated to answering your frequently asked questions about a variety of injuries, your legal rights, and what procedures you should follow. Just browse our frequently asked questions (FAQ) section (below) and look them up. If you have other or more specific questions, just send an email (Contact Us) and you will receive a reply without delay!

  • Page 1
  • What happens if I'm injured in a San Diego traffic accident caused by an uninsured driver?

    If you're San Diego traffic accident that is caused by an uninsured driver, you may find the assistance of an injury firm in San Diego, California useful when you're pursuing an accident claim. In most cases in which your injuries are caused by a negligent driver who's not insured, your uninsured/underinsured motorist coverage policy should cover your claim.

    This additional policy option is common in California, where insurance providers are required by law to offer UM/UIM insurance unless it's declined in writing by policyholders. When you're in an accident with an uninsured or underinsured driver your UM/UIM policy will cover the damages up to the limits of your policy. 

    It's important to note that in these cases, your insurance provider is paying for the damages, not someone else's. This changes the dynamic between insurance company and policyholder. It's an unfortunate reality of the industry that providers will downplay the gravity of your injuries and damage in order to minimize the amount of funds they are required to pay out.

    An injury firm in San Diego, California can defend you against your own insurance company when they drag their feet on responding to your claim or if they're unwilling to make a reasonable settlement offer that provides for all of your injury's expenses.

    By law, California drivers must have liability coverage for their automobiles, but it's estimated that about 1 in every 3 drivers have no car insurance and that many more have inadequate insurance. Check your policy to see what the limits of your UM/UIM coverage is and contact an attorney if you are injured by an uninsured or underinsured driver.

    Take Control of Your San Diego Traffic Accident by Contacting an Injury Firm in San Diego, California

    Accident attorney Mark C. Blane and his legal team aren't like some of the other San Diego injury attorneys you may have met with or seen ads for around town. Our goal is to educate our clients - even those whose San Diego traffic accident claims we don't take - so that you not only understand the legal process ahead of you but the basics of San Diego injury law and your legal rights.

    You can get started by ordering one of our FREE injury guides including Wolf in Sheep's Clothing: What Your Insurance Company Doesn't Want You to Know and Won't Tell You Until It's Too Late! or The 10 Secrets You Need to Know About Your Injury Case Before You Call a Lawyer. Contact us today to schedule your appointment - 888-845-6269 or 619-813-7955. We are proud to serve San Diego's Spanish speaking population and even offer our FREE California personal injury book en Español.

  • What happens if I was partially at fault for a motorcycle accident in San Diego, California?

    If you were partially at fault for a motorcycle accident in San Diego, California you may still be eligible to recover funds through pursuing a claim. A San Diego injury firm will explain to you California's system of "comparative fault" in its negligence and personal injury laws.

    California laws allow what's called an "apportionment of liability." If you are determined by a judge or jury to be 20% responsible for your accident, then you will be entitled to 20% less than the value of the damages you incurred as a result of the accident. So if you filed a $10,000 claim and it was demonstrated that you were 20% at fault, then you will be owed $10,000 minus 20% ($2,000) of the claim. So you will be owed $8,000 by the other parties for your injuries and damages.

    Under the California system, you can receive damages provided another party is at least 1% responsible for a motorcycle accident in San Diego, California; however, if you are 100% responsible for your accident, then you have no claim and are not eligible for recovering any funds.

    For this reason, in the majority of cases where a motorcyclist is partially responsible for a motorcycle accident, you should still retain legal counsel and pursue a claim against the other involved drivers. Even if you are 50% or more responsible for your claim, you are still entitled to the balance of damages for the proportion of the accident that is someone else's fault.

    Take Control of Your Motorcycle Accident in San Diego, California by Contacting a San Diego Injury Firm

    Personal injury attorney of San Diego, Mark C. Blane and his San Diego injury firm aren't like some of the other San Diego injury attorneys you may have met with or seen ads for around town. Our goal is to educate our clients - even those whose cases we don't take - so that you not only understand the legal process ahead of you but the basics of San Diego injury law and your legal rights.

    You can get started by ordering one of our FREE injury guides including Wolf in Sheep's Clothing: What Your Insurance Company Doesn't Want You to Know and Won't Tell You Until It's Too Late! or The 10 Secrets You Need to Know About Your Injury Case Before You Call a Lawyer. Contact us today to schedule your appointment - 888-845-6269 or 619-813-7955. We are proud to serve San Diego's Spanish speaking population and even offer our FREE California personal injury book en Español.

  • LEGAL FAULT: If I think I am at fault for a San Diego car or motorcycle accident, should I admit fault at the accident scene or to the police officers that arrive at the accident scene?

    It is important that you do not volunteer any information about who was to blame for the accident at the scene of the car or motorcycle accident.  The reasons for this are numerous. For example, at the scene of the accident you may be upset, confused, or injured, and you certainly will not have had time to consider all of the facts surrounding the accident. Obviously, accident scenes are stressful.

    Moreover, you may think you are at fault for the car or motorcycle accident, and then learn later that the other driver is as much or more to blame than you. You should consider to consult an attorney before making any statements about the accident, except to cooperate with law enforcement at the scene. Remember that anything you say to the police or the other driver could be used against you at a later time.  The police have the right to identify you at the scene and ask for any and all vehicle registration and  proof of insurance.
     

     

  • LEGAL FAULT: What is a determining factor in figuring out who is at fault in a San Diego California auto, motorcycle or truck accident?

    The key to figuring out who is at fault in a California traffic accident is a matter of deciding who was careless (also known as negligence). For California vehicle accidents, there is a set of official written rules telling people how they are supposed to drive and providing guidelines by which liability may be measured. Thus, these rules of the road are the California  traffic laws everyone must learn these rules to pass the California driver's license test.  The California traffic laws apply not only to automobiles but also to motorcycles, trucks, bicycles, and pedestrians.

    To prove negligence, three (3) elements must be met:

    (1) the driver is legally required to be reasonably careful in the particular situation (this one is a given since drivers must use caution at all times);

    (2) the car driver,motorcyclist or truck driver (or pedestrian or cyclist) was not reasonably careful; and

    (3) the driver's conduct caused actual injury or damage to someone.
     

  • CAR ACCIDENT: I got into an El Cajon California car accident that involved several cars, and I was injured as a result. What happens if one of the other injured victims from the same El Cajon car accident was injured too?

    Then depending on the level of fault between all injured parties, an apportionment of compensation will be implemented under California law.  California is a comparative fault or comparative negligence system.  If all injured parties are not at fault, then all injured parties will be compensated by the party who is at fault.  In a comparative negligence system like California, if both parties to an accident are negligent, fault is allocated between the parties. This means that the victim will not be able to recover fully for injuries or damages, but may get partial compensation.

  • PROPERTY DAMAGE: How is the actual value of a vehicle determined under California law-how can you determine it?

    Under California law, the actual value of a car is the amount that the car was worth at the time that it was damaged or destroyed. The amount of the car value is known as it's fair market value.

    Unless the car is brand new or a collector's item, this value is usually less than the replacement value -- that is, what it would cost to repair damages to the vehicle with materials of similar kind and quality.

    You can find the actual value of your car by going to a library or bookstore and referring to a Kelley Blue Book. Or, you can find similar vehicles that are being sold in your area (within 50 miles of your zip code) with local auto trade magazines, or online.  You can also find the value online at the Kelley website at www.kbb.com.

  • MOTORCYCLE LANE-SPLITTING: Can I legally "lane split" with my motorcycle on San Diego County freeways? If I do, and I end up in a motorcycle accident causing bodily injuries, would I be at fault because I "splitted the lanes" on my motorcycle?

    Under California law, lane splitting is permitted by a California motorcyclist, but it must be done in a safe and prudent manner.  Thus, you are allowed to do it on all San Diego County freeways, and throughout the state of California.  It is possible that you could be at fault for a motorcycle vs. car accident if you did not lane split in a safe and prudent manner!  Also, do not forget, some police and jurors have a built in bias against motorcyclists because they are allowed to lane split under California law.  Be careful when you lane split on a motorcycle in California!

  • MOTORCYCLE ACCIDENT STATISTICS: How many people are hurt or even killed in motorcycle accidents each year?

    According to recent statistic, each year, several thousand people die and as many as 50,000 people are injured in motorcycle collisions and accidents in the United States. Approximately 45% of fatal motorcycle accidents are solo vehicle crashes/accidents.  The most deadly injuries are head and chest injuries, and injury severity and likelihood of a fatality generally increases with speed, alcohol involvement and motorcycle size.  Everyone should be careful while out riding their motorcycles on San Diego county freeways, and throughout the state of California!

  • CHULA VISTA MOTORCYCLE ACCIDENT: If I was injured in a Chula Vista, California motorcycle accident because of a defect in my motorcycle, and I sustained bodily injuries as a result, what can I do?

    If a manufacturing defect in a motorcycle caused your bodily injuries or a loved one’s death here in California, you may have a legal claim against the manufacturer of the motorcycle.   If I represent you in your California motorcycle accident case, I will have to thoroughly investigate the motorcycle accident and retain a motorcycle expert to determine if a manufacturer is liable (legally at fault) for your bodily injuries, and the property damage of the motorcycle.  Important thing to NOT do: If you have been hurt from a motorcycle accident, do not discard, sell or destroy the damaged motorcycle!  Iwill need to examine the motorcycle (through the retained motorcycle expert) to see how the defect caused the motorcycle accident and your bodily injuries.
     

  • MOTORCYCLE ACCIDENT: What are the main causes of death in a California motorcycle accident?

    According to statistics, head and brain injuries seem to be the most common cause of death in fatal accidents involving motorcycle accidents. Not all head injuries are fatal, and some head injuries, like concussions, go undiagnosed.  Tens of thousands more people suffer head injuries in motorcycle accidents each year, many very seriously as a direct result. 

    Mark C. Blane is a San Diego Motorcycle Accident Lawyer and the managing lawyer of the Law Offices of Mark C. Blane, a San Diego, California Motorcycle and Auto Accident Law Firm devoted to representing families of  injured persons of motorcycle and automobile accidents. If you or someone you love, has been injured or killed in San Diego County, or Southern California, due to the negligence of another, please order your FREE copy of Mr. Blane's book, The 10 Secrets You Need To Know About Your Injury Case, BEFORE You Call A Lawyer. It is full of helpful information, insights, and secrets that will help you protect your legal rights.  It normally sells for $16.95; however, it is free to all California residents, or those injured in a California accident.

  • MOTORCYCLE ACCIDENT STATISTICS: What are some statistics of persons killed in a California motorcycle accident that was not their fault?

    Only two percent of registered vehicles are motorcycles out on the roadways, and more than eight percent of all fatal traffic accidents involve motorcycles in the first place. This means that, based on miles traveled, motorcyclists are 32 times more likely to die in a motorcycle accident than a passenger or driver of a car.

    Mark C. Blane is a San Diego Motorcycle Accident Lawyer and the managing lawyer of the Law Offices of Mark C. Blane, a San Diego, California Motorcycle and Auto Accident Law Firm devoted to representing families of  injured persons of motorcycle and automobile accidents. If you or someone you love, has been injured or killed in San Diego County, or Southern California, due to the negligence of another, please order your FREE copy of Mr. Blane's book, The 10 Secrets You Need To Know About Your Injury Case, BEFORE You Call A Lawyer. It is full of helpful information, insights, and secrets that will help you protect your legal rights.  It normally sells for $16.95; however, it is free to all California residents, or those injured in a California accident.



  • EL CAJON MOTORCYCLE ACCIDENT: I was in an El Cajon motorcycle traffic accident where a car turned left in front my my bike's travel. Who is going to be at fault for the motorcycle accident and my resulting bodily injuries?

    A car driver making a left turn is almost always liable (at fault) for a collision with a vehicle coming straight in the other direction. Exceptions to this common rule can apply if the vehicle going straight was going well over the speed limit, or ran a red light for example.  However, since you are on a motorcycle, you should consult an experienced San Diego motorcycle attorney at your earliest convenience.

  • CAR ACCIDENT: If I leave a San Diego car accident scene, will I get into trouble with the police?

    It depends, if you only cause property damage and the owner of the other vehicle is not around (hitting a parked vehicle is  a good example), then you must make reasonable efforts to locate the property owner, or leave a note with your contact information (including your insurance information) on the vehicle.  

    In all other situations, you can be held liable for leaving the scene of San Diego car accident. California law requires that in the event of an automobile accident, the car driver or auto drivers, are legally responsible to stop and stay at the scene of the crash to exchange identification and insurance information. If you leave you could be criminal charged with hit-and-run and face other fines and legal penalties.

  • CAR ACCIDENT TRAFFIC TICKET: What if I get into a San Diego California auto accident, and I am given a traffic ticket by the police? Should I sign it? What do I need to be aware of in case this happens to me?

    If you are issued a traffic ticket as a result of a San Diego California car accident, you should provide the San Diego police officer or San Diego county sheriff the documents they require.  They can ask for your identification, and your vehicle registration.  Once they have completed the traffic ticket, take it and sign it (they will ask you to sign it.  However, do not claim any verbal responsibility!  The traffic ticket along with your signature on it only means that you will definitely show up in court on a specific date. If you are reluctant to sign the ticket, the officer can place you under arrest and take you to jail. So do sign the traffic ticket to avoid problems with the police officer.   At this point, you should sign the citation and consult with an experienced San Diego Car Accident Lawyer.

  • PROPOSITION 213: What is California Proposition 213, and why is it important in my California motor vehicle accident case ?

    Under California Proposition 213, passed in 1996, uninsured motorists cannot recover for pain and suffering or loss of enjoyment of life damages even if an accident is not their fault. You could be rendered completely disabled by the fault of another insured motorist and you would be denied any damages other than medical bills, property damage, lost wages and other out-of-pocket economic losses.  Thus, it is very important to have a valid liability auto insurance policy in place on your motor vehicle at all times in California!

    More Legal Questions About Car & Motorcycle Accidents?

    Do you have more legal questions about car & motorcycle accident cases?  Return to the Auto & Motorcycle accidents in California Frequently Asked Legal Questions page. 

     

  • POLICE REPORT: What should I know about California Police Reports in relationship to my motorcycle or automobile accident case?

    First, California police reports are sometimes not accurate.  Second, they cannot be introduced as evidence at trial, unless the police officer actually witnessed the accident (which is rare). They can only be introduced for limited purposes at trial.  If there is anything in a California police report that does not accurately reflect the reality of a California motorcycle, automobile or bicycle accident, the lawyers at the Law Offices of Mark C. Blane can challenge the police report and prove it is wrong. You have the right to submit a written rebuttal to the police report, to ask for a further review, and to have your account be made part of the official record.

    More Legal Questions About Car & Motorcycle Accidents?

    Do you have more legal questions about car & motorcycle accident cases?  Return to theAuto & Motorcycle accidents in California Frequently Asked Legal Questions page. 

  • LEGAL DAMAGES: What "legal damages" can I recover for in a California Motorcycle Accident case?

    If you are injured in a California motorcycle or scooter accident and suffer injuries and damages as a direct result, you may be entitled to a monetary recovery, depending on who is responsible for the accident.  If the accident is completely your fault, you may be liable for the other party’s damages, and your insurance will protect and indemnify you for your negligent action. If the accident is totally or partially the other party’s fault, you should be able to recover some or all of the following legal damages under California law:

    • property loss
    • medical expenses (past and future)
    • wage loss (past and future)
    • pain and suffering (past, and future)
    • the loss of enjoyment of life (past and future)
    • the loss of consortium (marital support and services; a lawyer will best know if this is applicable in your particular California motorcycle accident case)

    The amount of legal recovery will depend on your injuries (intensity, frequency and duration of the medical care), the percentage of fault attributed to the other party (California is a "comparative fault" state), and the presence of any insurance liability policy.  The importance of insurance cannot be overstated -- you need it to get more than the most basic compensation that is offered in California.  You can check out my website for other articles and videos (in video center) on the importance of having adequate insurance on your motorcycle!

    More Legal Questions About Car & Motorcycle Accidents?

     

    Do you have more legal questions about car & motorcycle accident cases?  Return to theAuto & Motorcycle accidents in California Frequently Asked Legal Questions page. 

  • MOTORCYCLE ACCIDENTS: What are some common "blind spots" when it comes to a motorcycle accident that you see in your San Diego California injury law practice?

    I have seen numerous "blind spot factual patterns" that have contributed to a California motorcycle accident over the years in my San Diego motorcycle injury law practice. Most often, a motorcycle, bicycle or scooter is going straight and a car makes a right or left turn straight into the bike due to inattention. In a recent statistic, about half (50%) of all car vs. motorcycle or bicycle collisions, the view of the motorcycle or bicycle is obstructed by glare (light reflection from sun) or a door roof pillar in the car or by blind spots in the car driver’s field of view. Thus, a blind spot can be created by a glare or bright reflection.  Blind spots can be a real problem especially in busy neighborhoods or streets.  Other common accidents include u-turns, rear-end accidents, intersection accidents, and lane-change accidents.

    More Legal Questions About Car & Motorcycle Accidents?

     

    Do you have more legal questions about car & motorcycle accident cases?  Return to theAuto & Motorcycle accidents in California Frequently Asked Legal Questions page. 

  • MOTORCYCLE ACCIDENT: Do you see California motorcycle accident cases where the motorcyclist is stopped at a red light and rear-ended?

    Unfortunately, yes.  

    What happens is a bike or motorcycle is stopped at a red light waiting for it to turn to a green light. A car driver isn't paying close attention behind the motorcyclist or bicyclist and fails to notice the biker in the lane in front of him or her.  Or, the car driver fails to consider the amount of stopping distance they need to give the biker room.  Or speed is the factor, and the car driver is going way too fast for traffic conditions and, as a direct result, it hits the biker from behind. After this type of accident, two things then happen: the motorcycle is pushed forward into oncoming traffic, and the biker is thrown from the motorcycle or bike. Both of these actions will lead to serious injuries, medical care, and medical bills.

     

     

    More Legal Questions About Car & Motorcycle Accidents?

     

    Do you have more legal questions about car & motorcycle accident cases?  Return to theAuto & Motorcycle accidents in California Frequently Asked Legal Questions page. 

  • MOTORCYCLE LANE-SPLITTING: What should I know about "lane splitting" with a motorcycle in California?

    California law makes "lane splitting" legal.  Lane splitting is when a motorcyclists rides down the line that splits lanes on California free ways.  What you should know is that some motorcycle accident victims have suffered from the bias, among many jurors and police officers, against motorcyclists who do split lanes.  Just a reality you should be aware of as a motorcyclist.

    More Legal Questions About Car & Motorcycle Accidents?

    Do you have more legal questions about car & motorcycle accident cases?  Return to theAuto & Motorcycle accidents in California Frequently Asked Legal Questions page.