Lowell Steiger's Los Angeles Law Blog

Holiday Driving Safety Tips: Video

Happy Holidays to You!  I'm posting seven holiday driving safety tips both in text and in a video!

 So here are the tips:

1. Don't Speed -- speed kills
2. Don't Drive Impaired -- if you want to party, great!  BUT designate a non-drinking driver ahead of time
3. Motorcyclists and Bicyclists Protect Yourselves -- you may know what you're doing and where you're going, but people in cars typically are not looking for you.  Wear protective gear: Helmet, jacket, pants, boots, etc.
4. Get Rid of Tailgaters: They may just seem annoying but they're really quite dangerous.  I've represented many people who have been severely injured in a rear-end accident.   It is not uncommon for the victim of a rear-end accident to wind up having surgery for neck, back or other injuries caused by the rear-end accident.
5. Don't Prevent Others From Passing You
6. Beware of Stopped Vehicles at a Crosswalk: It's likely that some pedestrian is in that crosswalk
7. Keep Your Cell Phone WIth You: Although it may be illegal to put that phone up to your ear (use your Bluetooth!), you need to keep a phone in your car for emergency situations.  Remember, 911 is your friend.

Injured? Questions? Concerns? 

For a Free Consultation please contact Attorney Lowell Steiger immediately at

(323) 852-1100

lowell@steigerlaw.com

Skype (with or without video): Lowell_Steiger

"Treated With the Respect and Understanding That You Deserve"  

What To Do If You're In A Car Accident

What To Do If You're In A Car Accident

Things to Do If You're Involved in an Auto Accident

 

CALL 911 IMMEDIATELY TO SUMMON POLICE and/or PARAMEDICS

Then get the following information:

1. Name, address and phone number of other driver(s) involved in the accident

2. Driver's license number of other driver(s) involved in the accident

3. Insurance information of other driver(s) involved in the accident, name of insurance company, policy number

4. Registered owner information of other vehicles involved in the accident

5. If any of the other drivers appears to be on the job for a company, get the name of that company

6. Passengers in other vehicles? Get their names, addresses, phone numbers

7. Actual location of accident (street, intersection, exact address, if possible)

8. Witness information: Names, addresses, phone numbers

9. Jot down basic information such as weather conditions, street condition, traffic (light, medium, heavy), time of day that accident happened

10. Very Important: Do not speak to anyone other than your doctor(s) without the advice of an attorney.  In particular, DO NOT give a statement to any insurance company, recorded or not, without the advice of an attorney.

What if you don't have auto insurance?  Click here to read Uh Oh, Car Accident With No Liability Insurance: "But I'm Not At Fault" 

Keep a camera in your car at all times (disposable, camera phone, digital camera, etc.) and take pictures of the cars (including damage, license plates), people, scene.

Some excellent links What To Do If You're In An Accident

MSN Money: Insure Your Car.  Important tips on basic auto insurance

State Bar of California. Links to 14 important questions such as "What Information Should I Get at the Scene" and "Do I Need Auto Insurance?" as well as a link to download an entire pamphlet on the subject.

Roadragers.com. Practical tips and advice from the site whose tagline is "when you just can't take it anymore."

Important Link: Auto Insurance Coverage From A Personal Injury Lawyer's Perspective

If you, or someone you know, has been injured in an accident, please contact me immediately at

(323) 852-1100

lowell@steigerlaw.com

Skype (with or without video): Lowell_Steiger

"Treated With the Respect That You Deserve"

Are You Entitled to Compensation For Your Car's Loss in Value After an Accident?

    What happens when you're in an accident, it's the other driver's fault, their insurance fixes your car but now your car is worth less than it was before the accident?  In legal terms, this decrease in value is called Diminution in Value.  

    The vehicle looks okay but disclosing that it was in an accident will certainly decrease the amount a buyer is willing to pay.  So, it begs the question "Can I ask to be paid for this decrease in my vehicle's value?"  

    The answer is a qualified "yes."  The law in the State of California (it may be different in different states so please consult your attorney) is "When the damaged property cannot be completely repaired to its pre-accident state, the measure of damages is the difference between its value before the injury and its value after the repairs have been made, plus the reasonable cost of making the repairs."  This comes from an old case 1946 which is STILL GOOD LAW today! (For reference, Merchant etc. Assn. v. Kellogg E. & D. Co. [28 Cal.2d 594] (1946) 28Cal 2d 594, 600).  

What The Heck Does This Mean?  Can I Be Compensated Or Not?

    Here's what all of this legal mumbo jumbo means:  If the vehicle cannot be restored to its original value (which is almost always the case in a car accident), the owner can collect not only the cost of repairs but the difference between the vehicle's value before the accident and after the repairs were made UNLESS the cost of repairs was greater than the decrease in value.  

Example 1: YES!!! You Can Be Compensated

    Example 1: Say your car was worth $30,000 before the accident and it cost $5,000 to fix it.  But now if you went to sell your car today (after the accident), you could only get $20,000 because of the accident, you're entitled to an additional $5,000 for diminution in value! 

Example 2: NO! You Cannot Be Compensated 

    Example 2: Now let's say your car was worth $30,000 before the accident and it cost the same $5,000 to fix it BUT now if you went to sell your car today (after the accident), you could still get $27,500 for it, you are NOT entitled to any more money.

    Diminution in value is a question of fact.  This means that you must have objective evidence to prove your car's value before the accident and your car's value after the accident. This can be determined by a qualified appraiser and is an issue that should be discussed with your attorney.   

If you, or someone you know, has been injured in an accident, please contact me immediately at

(323) 852-1100

lowell@steigerlaw.com

Skype (with or without video): Lowell_Steiger

"Treated With the Respect That You Deserve"

Auto Insurance Coverage from A Personal Injury Lawyer's Perspective

A friend, Johnny, asked me to evaluate his auto insurance coverage.  He lives in Los Angeles and drives an Audi TT, a small sports car.  Although my often tongue-in-cheek responses are geared for California auto coverages and, in particular, Los Angeles, this should give you an idea of what to look for in your own venue.  Most importantly you must be aware that if you do not have insurance coverage that is sufficient to compensate someone for injuries sustained in an accident that is wholly or partially your fault, you could be on the hook personally for that amount which exceeds your policy limits.  And, as we all know, accidents happen in what seems like a millisecond – it’s not something that we anticipate BUT it is something that we can prepare for.

I want to stress that laws and insurance policies and coverages are different in different states so please contact your insurance agent to be sure that you’re complying with local and state laws and are getting the coverage that best suits your own particular needs.

Please also note that I’m being relatively specific in my responses to Johnny.  I’m just being illustrative when referring to a crosswalk accident.  You can replace “crosswalk” with “running a red light,” “making an unsafe U-turn,” “rear-ending the car in front of you” or 25,000 other possible scenarios!

    Dear Johnny,

In response to your questions regarding your current auto insurance coverage:

Bodily Injury

Your Bodily Injury Coverage is $50,000/100,000.  Increase it to at least $100,000/300,000 -- right now  you have $50/100 which means that if you accidentally whack someone in a crosswalk and break their hip, the most they can recover from you is $50,000.  Also, if there are more than two people in that crosswalk, and you hit and injure all of them, then the most that will be paid out is $100,000 somehow divided by those 3 people.  You risk them getting an excess judgment against you and garnishing your wages.  In general the best coverage, in my opinion, is the maximum coverage your carrier allows.  It usually doesn't cost much more to maximize.  

Property Damage

Property Damage: Right now you have $50,000 in coverage which means that the most that your insurance carrier will pay for damage to the other person’s car, his/her rental coverage while his/her car is being repaired or evaluated for a total loss, towing and storage is $50,000.  Get the most PD coverage you can -- in L.A., the cheapest car is $50,000 so, if you cause an accident and total out a Bentley, they could sue you for the difference between $50,000 and the value of the car.  I carry $500,000 Property Damage because I know that with my luck, if I get into an accident it will be with a rock star being driven in a $250,000 tricked out Lincoln Limo. 

Medical Payments

I cannot stress the importance of Medical Payments Coverage: Get the most that you can get.  I don't remember if you have health insurance or not but, if you get into an accident, regardless of fault, you and each of your passengers will be entitled to have your reasonable medical bills paid up to the limits of  your med pay coverage.  Most people have $5,000 but, in today's world, if you can get $25,000 or more that would be great (it depends how much your carrier provides). Also, tell them you do not want excess coverage and you want it to be NON-REIMBURSABLE in a third party claim.  This means that if someone rear-ends you and they are obviously at fault, then when you get a settlement from their insurance company you do not need to pay your carrier back for the medical payments that they made on your behalf.  This also covers each of your passengers for the same amount. I always worry that if a passenger in one of our cars doesn't have health insurance and we get into an accident, that they will be unable to pay their medical bills.  With this coverage, that isn't a problem (subject to the policy limits).  Your med pay can also kick in if you're hurt in an accident in someone else's car, are on your bicycle, in a crosswalk, etc.  That's tricky but I've invoked it for many, many clients.  My carrier allows for $100,000 Medical Payments Coverage (which I have) but this is rare.  Again, check with your own carrier.

Deductibles

As for deductibles, ask how much increase your premium will suffer if you lower your deductibles to $500, $250 or even zero.  It may be de minimis and therefore worthwhile to decrease your deductibles.  It’s human nature to try to save where we can but I’ve heard many a client scream “What? I have to pay the deductible? It’s $1,000!!!” Maybe they saved a tiny bit on their premium by having a high deductible but, when the unforeseen accident occurred, it bit them in the rear.

Rental Coverage

ental Coverage: I don't like the fact that you have to pay 20% of the rental bill and that you're capped out at $500.  This means, with today's rental prices, you'll be covered for a max of approximately 20 days or so.  It sometimes takes longer than that just for the insurance carriers to get the preliminaries started!  I know you don't really care what type of car you rent so ask them to give you different options for rental coverage and then ask me and I'll tell you which is the best.

Uninsured/Underinsured Motorist Coverage

Uninsured / Underinsured Coverage: Just like with Bodily Injury, get the most that you can afford.   You're driving a small car.  If someone whacks into the back of your TT, you and your passengers could get seriously injured.  Right now you've only got $30,000/60,000 coverage which means that if the other party is uninsured or only has a $15,000/30,000 policy, the most that each person in your car is entitled to is $30,000 -- up to a maximum of $60,000 for all of the people in your car (again, having to divide the $60,000 between everyone).  Not good.  What if you need surgery or other extensive short or long-term treatment?  Your case could be worth in the six figures yet there's no coverage for this. You should have as much coverage for yourself and your passengers as you have for the unknown person with whom you might find yourself in a wreck.

Let me know if you have any questions 

Feel free run the new or current coverages by me.  

If you, or someone you know, has been injured in an accident, please contact me immediately at

(323) 852-1100

lowell@steigerlaw.com

Skype (with or without video): Lowell_Steiger

"Treated With the Respect That You Deserve"

Motorcycle Accident Leads to Traumatic Brain Injury, $8M Settlement

Just when you think you have no case, you may have a case.  I was asked to take a case where Billy, a motorcycle rider who on first impression was thought to be partially, if not all, to blame for an accident from which he suffered catastrophic injuries.  

Billy was a vibrant, young 20 something motorcycle rider who was not expected to live.  Turns out a lady turned left in front of him in a road construction zone.  Upon further investigation, I discovered that there were potentially many reasons why this accident happened – not all of which could be blamed on the left-turning lady OR Billy.  There were a lot of entities, both public and privae, involved.  

We investigated even further, filed a lawsuit against several defendants and were there for Billy and his family throughout the ordeal.  We litigated aggressively, taking dozens of depositions, hiring legal and medical experts, life care planners, pain management doctors, rehabilitation therapists.

Billy will never be the same, he suffered severe brain damage, multiple broken bones, fractures of the spine.  His family will have to take care of him for the rest of his life.

Through our passionate and zealous representation of Billy, we ultimately negotiated a settlement of just under $8 Million, which will enable Billy to receive the lifetime care he requires.

If you, or someone you know, has been injured in an accident, please contact me immediately at

(323) 852-1100

lowell@steigerlaw.com

Skype (with or without video): Lowell_Steiger

"Treated With the Respect That You Deserve"

Twittering While Driving (TWD): Danger Abounds!

Twitter is the new rage but where it's used can be outrageously dangerous. But wait!  Before you think I'm anti-Twitter, please be sure that I am all for Twitter!  I have a Twitter account with the screenname steigerlaw which, as of today, boasts 1,225 followers, and growing.  And I'm following 1,800+ Twitterers as well (and growing).  It's productive, addictive and fun.  I keep my Twittering professional -- i.e., my Tweets (messages) are generally relevant to law related subjects save a few transgressions such as when I tout the Daily Puppy photo website because I'm a dog lover and think looking at puppy pictures  is  a great way to start the day.

For the uniniated, are you asking yourself "What the heck is Twitter?" Good question.  Twitter is a social networking phenomenon that is best understood by plunging in and just twittering.  It's free and easy.  To take the blind plunge, click here.  However, for a great explanation of Twitter, click here. 

You Can Follow me on Twitter(but not while you're driving)

http://twitter.com/steigerlaw

Okay, let me get to the heart of this post: What I fear with Twitter is the addiction that seems to be inherent in all social media today.  We can't wait to respond to a Tweet (Twitter message).  And now we can do it from our cell phones while driving!  Naturally, I have no problem with someone sitting in front of their desktop or laptop 24 hours a day and tweeting themselves into oblivion.  What I do have a problem with is the danger that we expose ourselves and other to when Tweeting while Driving.  (See my prior posts on texting while driving)  A typical tweet is up to 140 characters (maybe about 20 words give or take) and can have links to other websites.  A person can get completely wrapped up in a tweet and wind up with a pedestrian as a hood ornament.  Although my presentation here is tongue -in-cheek, being a lawyer who zealously and passionately represents injured people, I see the handwriting on the wall and it's not pretty.  I'm not looking forward to a call from the daughter of an elderly pedestrian who was killed in a crosswalk because someone couldn't wait to get to their computer to respond to a Tweet.

According to a recent article entitled Fatal Distractions in the British publication Newspress, a study was conducted by the British insurance company Esure.  The article states that according to that study, "nearly one in ten (nine per cent) motorists questioned are using mobile internet services and social networks whilst driving – to tweet, text and update their Facebook profiles." 

The article reports the 10 top Tweets during the week prior to the article's publication:

1. “Driving with my knees and peeling an orange…Probably not the safest thing to be doing.”
2. “Driving school bus”
3. “Irresponsible twitter driving woo!”
4. “Driving up to Newcastle while we Tweet!”
5. “Driving home in the rain…almost crashed!”
6. “Trying my best to stay awake while driving”
7. “Awake, hungover, and driving”
8. “Is it wise to use Twitter while driving? Probably not”
9. “Intoxicated driving. Let’s hope this works out”
10. “Twittering and driving…”

And now it is rumored that the General Motors On-Star feature will interface with Twitter.  According to the Technology Expert Blog

“While in your vehicle, you can use OnStar to submit and retrieve tweets (messages) via your Twitter account. Using OnStar’s Voice-Activated Hands-Free Calling system, and having your voice converted into text, you can provide updates which would appear in the 'What are you doing?' section of your Twitter homepage. It is also possible to listen to a tweet that was sent to you by someone else after it has been converted into voice. You can send and receive tweets without having to type or read anything.”

Finally, the Twittering While Driving phenomenon has gotten the attention of lawmakers.  Here is a video clip of Democratic Tennessee Sen. Douglas Henry voicing (not Twittering) his opinion:

Please Follow me on Twitter

http://twitter.com/steigerlaw

If you, or someone you know, has been injured in a motorcycle or automobile (or similar) accident, please call me, Lowell Steiger, immediately at

(323) 852-1100 or send an e-mail to me at lowell@steigerlaw.com

"Treated With the Respect That You Deserve"

2009 Laws: Text Messaging in California Video - Don't Do It While Driving!

We all know how dangerous and annoying it is to text while driving.  How about the person crawling in front of you at 10 miles per hour because they're "safely" texting.  Don't think that this little stunt increases safety!  Or the person so involved in their texting that they don't notice the car in front of them coming to a halt?  Well, California has taken care of this issue once and for all (we hope).  See video below.

This new law makes it an infraction to write, send, or read text-based communication on an electronic wireless communications device, such as a cell phone, while driving a motor vehicle in California. Previously this was only illegal for individuals under 18 years of age, but now has been expanded to all drivers.

You Can Follow me on Twitter

http://twitter.com/steigerlaw

If you, or someone you know, has been injured, please call me immediately at

(323) 852-1100 or send an e-mail to me at lowell@steigerlaw.com

"Treated With the Respect That You Deserve"

What To Do If You're In A Car Accident

Things to Do If You're Involved in an Auto Accident

CALL 911 IMMEDIATELY TO SUMMON POLICE and/or PARAMEDICS

Then get the following information:

1. Name, address and phone number of other driver(s) involved in the accident
2. Driver's license number of other driver(s) involved in the accident
3. Insurance information of other driver(s) involved in the accident, name of insurance company, policy number
4. Registered owner information of other vehicles involved in the accident
5. If any of the other drivers appears to be on the job for a company, get the name of that company
6. Passengers in other vehicles? Get their names, addresses, phone numbers
7. Actual location of accident (street, intersection, exact address, if possible)
8. Witness information: Names, addresses, phone numbers
9. Jot down basic information such as weather conditions, street condition, traffic (light, medium, heavy), time of day that accident happened

10. Very Important: Do not speak to anyone other than your doctor(s) without the advice of an attorney.  In particular, DO NOT give a statement to any insurance company, recorded or not, without the advice of an attorney.

What if you don't have auto insurance?  Click here to read Uh Oh, Car Accident With No Liability Insurance: "But I'm Not At Fault"

Keep a camera in your car at all times (disposable, camera phone, digital camera, etc.) and take pictures of the cars (including damage, license plates), people, scene.

Some excellent links What To Do If You're In An Accident

MSN Money: Insure Your Car.  Important tips on basic auto insurance

State Bar of California. Links to 14 important questions such as "What Information Should I Get at the Scene" and "Do I Need Auto Insurance?" as well as a link to download an entire pamphlet on the subject.

Roadragers.com. Practical tips and advice from the site whose tagline is "when you just can't take it anymore."

If you, or someone you know, has been injured, please call me immediately at

(323) 852-1100 or send an e-mail to me at lowell@steigerlaw.com

"Treated With the Respect That You Deserve"

3 Boys Killed in Car Crash After Fleeing From Police

Twitter Address

http://twitter.com/steigerlaw

Folks, today tragedy struck when a 14 year old boy went joyriding along with two passengers aged 11 and 6.  According to a Fox News Report, the event happened in Fontana, California as follows:

A CHP officer pulled over the Nissan Maxima for running a red light on a Fontana street just before 9 p.m. Wednesday, but the driver sped off as the officer walked toward the car, the statement said.

In a chase that lasted less than a minute, the driver ran several red lights and reached 90 mph on city streets before losing control and hitting the wall, the statement said.

All 3 boys were killed.  The question becomes whether or not the police were in hot pursuit and were justified in the chase that ultimately cost the lives of 3 young boys.

If it turns out that the chase was not justified, then the families of the boys will have a wrongful death claim against the Fontana Police Department for their tragic loss. 

The answer(s) to this question will be determined by the internal police investigation, a court of law or both.

Click here to watch the Associated Press news video


When have the police gone too far and did they go too far this time?  Only time and a thorough investigation will tell.  Meanwhile, the families of the children have a limited time within which to pursue a claim against the governmental entity that may be partially responsible for the tragic loss of their children.  Could the police be trained to react differently in a situation such as this?  Did they have probable cause to believe that the driver and his 6 and 11 year old occupants were a danger on the streets?  Or was the 14 year old driver just a scared child that would have reacted differently if he were not being chased?  What is the Fontana Police Department's protocol in this type of situation and did they follow it?

If you, or someone you know, has been injured, please call me immediately at

(323) 852-1100 or send an e-mail to me at lowell@steigerlaw.com

"Treated With the Respect That You Deserve"

New California Vehicle Laws for 2009: Zero Tolerance DUI; No Text Messaging

With a new year on the horizon, CHP wants to remind motorists of a handful of new laws that go into effect in 2009.

"The overall safety of the motoring public is our primary concern," says CHP Commissioner Joe Farrow. "Not only will these new laws enhance a motorist's safety, many of them are a step toward ridding the roadways of drunk drivers and the tragedy they cause."

Below are the  changes to driving regulations and vehicle equipment.

Texting While Driving (Video)

(SB 28, Simitian) This new law makes it an infraction to write, send, or read text-based communication on an electronic wireless communications device, such as a cell phone, while driving a motor vehicle. Previously this was only illegal for individuals under 18 years of age, but now has been expanded to all drivers.

Driving Under the Influence: Zero Tolerance (Video)

(AB 1165, Maze) This new law prohibits a convicted DUI offender from operating a motor vehicle with a blood alcohol level (BAC) of .01 percent or greater while on probation for DUI. The law requires the driver to submit to a Preliminary Alcohol Screening (PAS) test, a portable breath test to determine the presence of alcohol. If the driver refuses, or if the driver submits and has a BAC of .01 or greater, a citation will be issued, the driver's license will be taken and driving privileges will be suspended. In addition, the vehicle will be impounded.

Ignition Interlock Devices (IID)

(SB 1190, Oropeza) This new law reduces the BAC from .20 percent to .15 percent or more at the time of arrest to trigger a requirement for the court to give heightened consideration for the installation of an IID for a first-time offender convicted of DUI of an alcoholic beverage.

Ignition Interlock Devices

(SB 1388, Torlakson) Effective July 2009, this new law transfers authority for the administration of mandatory IID programs from the state courts to the Department of Motor Vehicles (DMV). This law also authorizes the DMV to require any driver convicted of driving with a suspended license due to a prior conviction for DUI to install an IID in any vehicle that the offender owns or operates.

Alcohol-Related Reckless Driving

(AB 2802, Houston) This new law requires the court to order a person convicted of alcohol-related reckless driving to participate in a licensed DUI program for at least nine months, if that person has a prior conviction for alcohol-related reckless driving or DUI within ten years. Additionally, the court is required to revoke the person's probation for the failure to enroll in, participate in, or complete a licensed DUI program.

Global Positioning Systems (GPS)

(SB 1567, Oropeza) This new law allows a portable GPS device to be mounted in a 7-inch square in the lower corner of the windshield on the passenger side of the vehicle, or in a 5-inch square in the lower corner of the windshield on the driver's side. These are the only two locations on a windshield where a GPS device can be mounted. The GPS device can only be used for navigational purposes while the motor vehicle is being operated, and it is required to be mounted outside of an airbag deployment zone.

Motorcycles

(AB 2272, Fuentes) This new law changes the definition of a motorcycle by deleting the weight limitation and deleting the separate definition for electrically powered motorcycles. The law will now allow fully enclosed, three-wheeled vehicles to have access to high-occupancy vehicle (HOV) lanes regardless of occupancy.

Clean Air Stickers: Misuse and Penalties

(SB 1720, Lowenthal) This new law makes it an infraction for anyone who forges, counterfeits, falsifies, passes, or attempts to pass, acquire possess, sell, or offer for sale a genuine or counterfeit "Clean Air Sticker."

911 Telephone System Abuse

(AB 1976, Benoit) This new law increases the penalties for any person who knowingly uses, or allows the use of, the 911 telephone system for any reason other than an emergency. Those who misuse, or allow the misuse of, the 911 telephone system are guilty of an infraction, and subject to either a written warning or a fine.

Special License Plates

(AB 190, Bass) This new law, when approved by local authorities, allows veterans whose vehicles display plates honoring Pearl Harbor Survivors, Legion of Valor recipients, former American Prisoners of War, Congressional Medal of Honor recipients, or Purple Heart recipients to park their vehicles that weigh not more than 6,000 pounds gross weight, without charge, in any metered parking space.

Studded Pneumatic Tires

(AB 1971, Portantino) This new law allows the use of pneumatic tires with retractable metal-type studs, year round, as long as the studs are retracted between May 1 through October 31. However, the law prohibits a tire with retractable metal-type studs on a vehicle from being worn to a point that the metal-type studs protrude beyond the tire tread when retracted.

Spilling Cargo Loads

(AB 2714, Keene) This new law eases restrictions on cargo loads of straw or hay to allow individual pieces that do not pose a threat to life or property, to escape from bales of straw or hay that are being transported by a vehicle upon a highway, so long as those bales are loaded and secured according to federal regulations.

Assault on Highway Workers

(SB 1509, Lowenthal) This new law provides an increased penalty for assault and battery crimes committed against Caltrans highway workers who are engaged in the performance of their duties. 

 

If you, or someone you know, has been injured, please call me immediately at

(323) 852-1100 or send an e-mail to me at lowell@steigerlaw.com

"Treated With the Respect That You Deserve"