by bizlawpro | Jun 7, 2021 | Blog
Pursuant to Prop 213 which was approved in 1996, a uninsured motorist is limited in their recovery when involved in an automobile accident.
CALIFORNIA’S PROP 213, WHAT IS IT?
Proposition 213, which officially is called The Personal Responsibility Act of 1996, was brought to the voters in California. This initiative would limit the right for uninsured motorists
There were many organizations which were in support of Prop 213, including MADD, or Mothers Against Drunk Driving, Doris Tate Crimes Victims Bureau, Peace Officers Research Association of California, The California Police Chiefs Association, the Association for California Tort Reform, the CHP’s California Association of Highway Patrolmen, California Peace Officers’ Association.
There are many instances where clients contact our offices and are distraught learning about this law and claiming that the law is not just. This law, regardless of whether or not it is just, is an existing law, and it prevents drivers who do not have the proper legal liability coverage from obtaining pain and suffering due to their actions that were negligent on the roadways. This applies to any vehicle type, vans, buses, and even trucks.
THE PURPOSE OF PROPOSITION 213 ACCORDING TO THE INITIATIVE
The first reason mentioned for Prop 213 is that the cost for car insurance have skyrocketed in California. This law would help avoid offenders from being awarded for their irresponsibility and for breaking the law.
However, under the current regulations, the uninsured party can recover damages that are unreasonable from citizens that are abiding by the law. These damages may be limited, nonetheless not entirely precluded.
The second reason is that the system would stop irresponsible offenders from being able to seek unreasonable damages by suing law abiding citizens.
This law would be a measure to restore the balance for the justice system to limit the right for uninsured parties.
Prior to this law, ANYONE that was injured as a result of an accident could sue the person, government, or business responsible so that they would be able to recover any losses. These losses include economic losses, which could be medical expenses, property damage, or lost wages, and losses that are not economical, for example, pain and suffering.
Proposition 213 does not allow for the recovery of losses that are non-economic for specific accidents.
The compensation is only restricted by non-economic damages that happen in a car accident by Prop 213. This includes losses from disfigurement, emotional or mental distress, pain and suffering, inconvenience, and physical impairment. Economic damages are still offered to accident victims that are affected by Prop 213. This would include things such as rehabilitation costs, future medical expenses, missed work meaning lost wages, and repairs to property or vehicles.
Prop 213 primarily affects uninsured motorist seeking recovery. If at the time of an accident you are not insured nor is the vehicle that you are driving, in your case Prop 213 may apply. As we mentioned above, this will deny you being able to get compensated for any damages that are not economic. No matter if you have a reason to believe that the vehicle being driven is insured.
Drivers under the influence of alcohol or drugs, also known as DUI, are also a vital part of those who are affected by Prop 213. In a case where a driver did not cause the accident at the time but had been driving under the influence, it may cause the law to prevent them from collecting any damages for pain and suffering, as well as any other non-economic compensation. An important thing to note is that this has to do with both victims of DUI car accidents and those that cause them.
There are specific narrow exceptions for Prop 213 which would permit recovery of all the damages that you are entitled to, whether or not you were insured when the accident occurred or if the vehicle that was being driven was insured or not.
Exception 1 is if the vehicle that you were driving was owned by your employer and it was not insured, then you might be able to still seek out non-economic damages for the accident injury. This can even apply if when the accident happened, you were not insured.
Exception 2 applies if the accident occurred on private property. In these instances the uninsured party may be able to obtain all the compensation. This is because of the state law requires that drivers have auto liability insurance to drive on the public roadways, but on private property, this is not a requirement.
Exception 3 applies if the uninsured driver is not the owner of the vehicle being driven, but you, the person driving, have another car that you have insurance on. This will make you exempt from Prop 213.
Your insurance allows for you to seek the complete compensation that generally you are entitled to have, even though the car you were driving was not insured.
IF I WAS NOT INSURED, SHOULD I PURSUE A PERSONAL INJURY CASE?
Just because you were not insured, does not mean that you do not have the right to get compensated after being injured in an accident that was caused by someone else’s negligence. There are exceptions to Prop 213, and even if in your case, Prop 213 applies, you are still entitled to recovery for your lost wages, medical bills, damages to any property, or any other economic losses that you may have suffered due to another person’s negligence. You should seek a free consultation from LA Law Group and schedule a free consultation with one of our award-winning injury attorneys from California.
At LA Law Group, our practice spans across all of California.. Our attorney’s have decades of experience and knowledge to fight for traffic collision victims. Take a
by bizlawpro | May 28, 2021 | Blog
Automobiles are designed for convenience as they are a more fitting form of transportation for an estimate of four (4) people or more. It may vary on the design, but it is undeniable how most of the population rely on automobiles. About 165, 000 cars are known to be produced each day worldwide, and as of 2019, US had 284.5 million registered vehicles with 35 % of these belonging to cars, according to Hedges & Company.
Although this is an unpleasant statistic, accidents are a real threat to driver safety as there are approximately 6.75 million car accidents reputed annually in the United States alone. More than 100 individuals die in the United States each day because of automobile accidents which amounts to 38, 000 deaths per year. Auto accidents are the most known cause of death in U.S. among heathy citizens while traveling. Annually, over 1,200 children below the age of sixteen (16) die in this type of accident.
Common Causes of Auto Accidents
- Drunk driving is the most common reason for auto accidents, which mainly results in death.
- Speeding is the second most common cause of auto accidents. In every 1% increase in mean speed, it results to a 4% increase in the chance of a fatal crash and a 3% increase in the risk of a major auto accident.
Failure to use motorcycle helmets, seat belts, and child restraints.
- 1 out of 7 people do not use seat belts while driving which results to serious injuries and risk of death.
- Road infrastructure that is unsafe. The way roads are built can have a big impact on their safety. Roads should be planned with the safety of all road users in mind.
- Distracted driving also poses potential accidents.
- Some examples are using phones, eating/drinking, applying make-up, vaping/smoking, etc.
- A busy social work schedule may also trigger auto accidents if the driver has not had quality sleep.
Personal Injuries Acquired in an Auto Accident
- Injuries to Neck, Back, or Hip
- Post-Traumatic Stress Disorder
- Burns
- Fractures and broken bones
- Knee Injuries
- Neck Injuries
- Limb Loss and Amputation
- Internal Injuries
- Foot and Ankle Injuries
- Lacerations, bruises, including ‘road rash’
- Spinal Cord Injuries and Paralysis
- Traumatic Brain Injuries
Auto Accident Occurrence in U.S.
In 2020, there were approximately 3,723 reported motor vehicle accidentsa resulting in death in California, a slight increase from the previous years. Young drivers aged between 16-20 contribute heavily to fatal motor vehicle crashes and have the highest involvement rate in such accidents.
California leads the country with fatal motor vehicle accidents, followed closely by Texas, and resulting in nearly $5.83 billion in damages from medical costs and work loss costs. Although you cannot really place a value on life, these costs are based on numbers through analyzing the costs of claims and related cases due to car, motorcycle, pedestrian, and bicycle accidents.
The deadliest roads in California are the I-5, US-101, and SR-99.
In 2019, fatal auto accidents were more common on weekends, with Saturday being the most common day. The number of nonfatal accidents was greater on weekdays, with Friday being the highest.
The highest time of day for both fatal and nonfatal accidents was 4 p.m. to 7:59 p.m., but peak accident periods varied significantly over the course of a year: Auto accidents peaked between 8 p.m. and 11:59 p.m. throughout the spring and summer months. The nonfatal auto accidents peak, on the other hand, occurs earlier in the summer, between midday and 3:59 p.m. From October to March, the majority fatal auto accidents occurred between 4 p.m. and 7:59 p.m.
Possible Damages from Auto Accidents
If you have experienced an injury, property damage, or any other form of loss in a personal injury case, you have the right to seek compensation from whoever caused or contributed to your damages as the plaintiff. There are a number of damages that victims of an accident are entitled to, nonetheless damages is the legal name for this type of remuneration. Compensatory damages are also available in practically all auto accident injury cases and they seek to compensate an injured party for the harm they have incurred.
When the at-fault driver or another party was highly negligent in their acts, punitive damages may be given in auto accident injury cases. While they are intended to punish the individual who has wronged you rather than compensate you for your losses, if they are awarded in your case, you will receive the money for these damages. Compensation for monetary losses experienced by a victim as a result of the auto accident is known as special damages, sometimes known as economic damages. The following are examples of possible damages:
- Property that has been harmed as a result of the accident.
- Reimbursement of any previous and/or future medical expenses incurred as a result of the accident’s injuries.
- Reimbursement for lost wages in the past and/or future as a result of the accident.
Things to Remember in the Event of an Automobile Accident
Auto accidents are not something anyone wants to think about, yet they do happen. It’s easy to forget about things in the excitement of the moment, but it’s critical to be ready if the worst happens.
1) Always remember to take a break.
It is a legal necessity for drivers involved in an auto accident to come to a complete stop as soon as it is safe to do so, regardless of how small the accident appears to be. Make sure your car’s engine is turned off and your warning lights are turned on to warn approaching traffic of the collision. If there are no other individuals involved in the collision, such as if you hit a parked car, you should put your contact information on the vehicle’s window screen.
2) Remain calm and safe.
Do not get too worked up. If required, use the passenger door to get out of the car safely and stand a safe distance away from the roadside.
3) Request assistance.
Although a priority is always ensuring safety, accidents sometimes are unavoidable despite party’s best efforts. If someone has been hurt, dial 911 to contact the emergency services. You must provide the location as well as much information on the injuries as possible. It is suggested that no one who is injured be moved unless they are in imminent danger.
If there are injuries, a dangerous situation, or damage to public property because of the incident, the police must be notified. If someone engaged in the collision flees the site without providing information, the police must be called. Make certain that no vehicles are moved until the cops arrive.
4) Don’t blame yourself.
Even if you believe you were at fault, do not accept responsibility for the accident or consider a payment until you know exactly what happened. Allow your insurance provider to handle it; otherwise, if you change your mind later, it could be used against you.
5) Make a list of all pertinent information.
Collect and communicate the following information about the accident to assist with your insurance claim once everyone involved is safe or is being looked after: the accident’s date, time, and place, all passengers’ names, addresses, and phone numbers, as well as the car they were riding in. All automobiles involved were identified by make, model, color, and registration number. If all drivers involved have insurance, provide their information. Any injuries that everyone involved in the accident has sustained. Any car damage that occurred as a result of the collision. Witnesses or police officers who were there at the time of the incident are included below. Describe the weather or anything strange you notice.
6) Take photos if you can
Most modern mobile phones have a camera and will take good enough photos to help you remember important details and for use as evidence. Safely photograph positions of the vehicles involved, road layout, any skid marks and any damage.
7) Tell your insurance company
You must notify your insurance company immediately, or as soon as it is safe to do so, of any collision, you are involved in, regardless of whether or not you need to make a claim. You will need to provide them with all the details and photographs you collect.
8) Contact a lawyer.
If your accident appears to be severe or difficult, or it has resulted to any injury, you should contact a lawyer as soon as possible so that they can begin preparing your case. Such injuries are compensable, and a personal injury attorney can help you get the most out of your claim. You can call us at LA Law Group for a free and immediate consult by dialing 866-625-2529.
10) Take a breather to collect your thoughts.
Do not leave until you have double-checked that you have all the information you need and that you are not still in shock or too agitated to drive.
by bizlawpro | May 22, 2021 | Blog
It is common for Amazon to want to verify invoices from your suppliers. This frequently occurs when you have complaints as to the condition, or authenticity of your products.
A concern here is what information does your invoice need to have in order to satisfy Amazon’s requirements. First and foremost – DO NOT ALTER, CHANGE, MODIFY any invoices as this would be grounds for Amazon to terminate your account, and withhold funds.
1. Seller Info:
- Sellers Name
- Sellers address
- Sellers city, state, zip
- Sellers website (Amazon often will look through the website to verify the products / brands you have purchased).
- Sellers email address
- Sellers phone number (Amazon does randomly call to verify the invoice)
2.Invoice
- Your invoice should have an invoice number. Not a “pro forma invoice”, not a “sales receipt”, not a “receipt”, or any other variation. It should clearly have written INVOICE.
3.Buyer Info
Your information should be accurate and matching your seller account on Amazon including:
- Name
- Address
- City, State, Zip
- Phone number
4.Item Info
- Item Make / Model / Identifying information
Our Notes:
- The font of the invoice must be the same throughout the invoice so no part seems altered or forged.
- The invoice must be paid or indicate net terms.
- The quantity on the invoice(s)must be at least the quantities you have sold on Amazon.
Although by no means is this list comprehensive – this will give you a general guideline on whether or not your invoices will pass the evaluation Amazon gives. If you are purchasing your products from vendors / liquidators that do not properly identify the goods – you want to speak with your supplier to be sure they can supply you invoices that you can use for purposes of Amazon.
If you have any questions / concerns or need additional support – our team at LA Law Group is well versed with all things Amazon and we will be happy to provide a free consultation.
by bizlawpro | May 18, 2021 | Blog
As a leading truck accident lawyer in Los Angeles, we are always finding the best strategies in defending the rights of the injured. When you are involved in a truck accident and are searching for the best truck accident attorney, it’s critical to deal with someone who can understand your predicament and help handle all the legalities so you can focus on what matters most, YOU.
Recent data suggests that there are over 3,900 truck accidents resulting in over 275 fatalities per year in California. As a truck accident attorney, and the founding attorney at LA Law Group, APLC, a prominent truck accident law firm, we have the skills to address your matter thoroughly, accurately, and efficiently, to ensure your claim is not jeopardized and to help you obtain the maximum recovery from the responsible party.
At LA Law Group, we want to make sure you have the tools to protect your interests at the scene of the accident, and so thereafter you can contact us for a free consult.
What to do Immediately After the Truck Accident
After you’ve been injured in a truck accident, it’s in your best interest to move quickly to ensure your rights are protected, and you can pursue personal injury damages if necessary. We’ve listed a few steps to take immediately after a truck accident below.
- Check on your passengers and others involved in the accident.
- Call the police immediately and report the accident.
- Exchange information with the truck driver like insurance, contact info, and license plate.
- Collect evidence of the scene via pictures and video.
- Be mindful of your words, and never admit guilt.
- Obtain the contact information of witnesses.
- Seek immediate medical attention (even if you don’t feel injured).
- Contact an LA Law Group attorney.
If you have sustained severe injuries, taking the steps mentioned above helps solidify your case and make it harder for the insurance company to deny your claim or make low or unreasonable offers.
It is known that the nature and type of injuries in truck accidents can be extremely severe, and therefore a Los Angeles Truck accident lawyer can help you get the treatments you need as well as the recovery you deserve.
A typical passenger vehicle usually weighs around 3,000 pounds; whereas by comparison, a commercial truck with a full load of cargo can weigh over 80,000 pounds. This is a significant difference, and oftentimes the injuries and damage in a truck accident can be comparatively alarming. When a commercial truck is involved in an accident with a standard automobile, the resultant injuries and damages are usually very serious, if not fatal. Because of this, truck drivers have a higher level of responsibility on the roads.
If you have been injured, it’s crucial that you fortify your California commercial truck accident claim by speaking with a Los Angeles truck accident lawyer.
There is a wide scope of damage that could fall under a California commercial truck accident claim, depending on the nature of issues such as the truck’s type of cargo. If the cargo, that the truck is loaded with, is inflammable, then it is possible that the passengers injured may also be vulnerable to secondary injuries such as burns or respiratory harm.
Take Control of California Commercial Truck Accident Claim by Contacting a Los Angeles Truck Accident Lawyer.
Truck accident lawyers at LA Law Group aren’t like some of the other Los Angeles 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 Los Angeles injury law and your legal rights.
Entities that may be held liable in a commercial trucking accident are:
Commercial trucking companies;
Independent contractors;
Trucking equipment manufacturers;
Truck driver employers; and
Truck drivers.
It is a complicated matter to establish liability of a third party for a commercial trucking accident and even more complex when a truck driver is an independent contractor in a large trucking firm. These firms are well acquainted with trucking investigations and are famous for aggressively defending against injury claims.
If you have been injured and are considering filing a claim, it is vital that you retain the services of a Los Angeles truck accident injury attorney from LA Law Group who will fight for your rights and pursue the compensation you deserve for your injury. You may be entitled to compensation for medical expenses, altered quality of life, lost earnings and pain and suffering.
As a driver it is a good idea to become familiar with the types of truck accidents that can occur on the road, whether or not you have been involved in a crash in Los Angeles. If you are involved in a truck accident, work with a Los Angeles truck accident lawyer who can help you build a personal injury claim.
Below are 6 examples of truck driver negligence that can lead to an accident:
An aggressive driver will be distracted and more likely to speed, make frequent lane changes or cut off other drivers on the road.
Driver error may include failing to use a turn signal or neglecting a blind spot.
Particularly with trucks, negligence may occur regarding a driver’s cargo. He or she may fail to properly load and secure the cargo in the vehicle. This may result in the truck being overweight, unbalanced or unsecured.
A driver may cause an accident if he or she is negligent of the road conditions. This includes continuing to drive in poor conditions at unsafe speeds.
All truck drivers must adhere to federal law, and if he or she neglects mandatory rest periods, unsafe driving may result.
A driver under the influence is at high risk for causing an accident if he or she is inebriated with alcohol, prescription or illegal drugs.
Contact a Proven Best Los Angeles Truck Accident Attorney
Accidents with commercial trucks are not handled the same as other types of accidents. Insurance companies will use their resources, influence, and high-powered lawyers to fight personal injury claims because if they are unsuccessful, they stand to lose a lot.
LA Law Group is always prepared to handle any type of truck accident claim. We’ve built a solid reputation as one of the best truck accident firms in Los Angeles because we fight for maximum compensation for all of our clients.
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Truck accident attorney near me
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by bizlawpro | May 17, 2021 | Blog
https://www.paypal.com/us/webapps/mpp/ua/acceptableuse-full
We were recently contacted by a client who had an issue with the payer PayPal account. After researching the issue, we found that it is quite common for PayPal users to be victimized by Paypal’s predatory practices whereby they suspend the customers account, and withhold the funds.
Pursuant to the PayPal Acceptable Use Policy – PayPal unilaterally has the right to take YOUR funds if they determine that you have violated their policies. Oftentimes, PayPal users never find out why their account was suspended and ultimately are left with little to no support from PayPal when seeking help.
We believe PayPal has a legal, and ethical responsibility to its users, and that the unilateral suspension of accounts without the opportunity to address any allegations against them, coupled with PayPal’s ultimate conversions of the funds from the user to themselves is a blatant disregard of these obligations.
After researching this more thoroughly we found that there are dozens of PayPal users who have been faced with this issue.
If you, or someone you know have had this issue, we believe few can help. Our attorney’s have years of experience handling eBay and PayPal related matters, Contact us for a free consultation.
by bizlawpro | May 8, 2021 | Blog
If you were recently informed by Amazon that they are withholding your proceeds due to a report from a rightsowner that they have obtained a temporary restraining order to prevent them from distributing your funds, contact us.
We were contacted by a Amazon seller who sold authentic, as described products on Amazon. Within a week after, we were able to get a hold of the company who had filed a complaint our client, and found that our clients items were authentic and that this was a baseless complaint.
After a few effective discussions, specifically pertaining to the product authenticity, we were able to reinstate our clients account and get them back online and towards what they love doing.
Its noteworthy to point out that where the party filing for the TRO does so inappropriately and it results in damage to your name, and reputation, and business on Amazon, you may have various causes of action against the party. We will help preserve your rights, and get you back online to selling and making money as fast as possible, and where applicable we will help file a complaint against the party for recovery of damages.
We truly believe that in a world where many talk the talk, we focus on providing excellence in legal representation. If you or anyone you know has been affected by this type of issue where withholding money, please contact us free consultation.
