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Car vs. Bicycle — Car Wins!

Stewart — Tue, 11 Jan 2011 23:59:37 +0000

Last year alone, hundreds of bicyclists were killed in traffic accidents in the United States. Unfortunately, this includes bicyclists from Butte, Sutter, Yuba, Glenn, and Tehama Counties. Of the hundreds of thousands of biking accidents each year, nearly half of all victims are children. In Chico, many cycling victims are students at Chico State or Butte College. It is noted that head injuries account for about 75% of all serious injuries and fatalities. While collisions with cars account for only about 1/3 of all bicycle accidents, they account for the majority of catastrophic injuries and deaths.

Like motorcycle and scooter accidents, most bicycle accidents are caused by drivers failing to see cyclists. Drivers pull out in front of cyclists, turn in front of oncoming cyclists, and merge into lanes occupied by cyclists. While cyclists are subject to the same traffic laws as car drivers, many drivers treat cyclists as a mere nuisance on the roadway. Motorists often tailgate them, pass too close, or fail to yield the right of way to cyclists. However, proving that the driver was the negligent party can often be a difficult task in a bicycle vs. car collision.

Legally speaking, in California, a bicycle is considered to be a “vehicle” and therefore, cyclists must follow the rules of the road. They need to ride on the right side of the roadway, signal turns, stop at stop signs, etc. When it comes to a collision with a car, liability usually boils down to who was following the rules of the road and/or who had the right-of-way. A cyclist who fails to follow road rules and thereby causes the accident should be deemed responsible for the accident. Conversely, if the motorist causes the accident, he or she should be deemed liable for damages. In some cases, both parties share the blame for the accident.

Sadly, far too often the investigating police officer places blame on the cyclist notwithstanding facts to the contrary. This author cannot explain why this happens, only that it most certainly does happen at an alarming rate. There seems to be some underlying and unexplained prejudice against bicyclists.

A cyclist who is injured in a collision with a motor vehicle should closely examine the facts of the accident. Who had the right-of-way? What was the line of sight for each involved party? Were traffic controls in place and adhered too? Identify witnesses and determine what they observed. The cyclist should obtain the Traffic Collision Report once completed and he/she may be disheartened to read that the motorist received the benefit of the doubt. Insurance companies for the motorist will latch onto the police report and either deny the injury claim or place a disproportionate percentage of blame on the cyclist.

The injured bicycle rider should seriously consider hiring an attorney who specializes in personal injury claims. The injury lawyer can deal with the insurance company and help with the investigation in terms of witnesses, diagrams, and photographs; along with explain the relevant “rules of the road” as found in the California Vehicle Code. An injured cyclist should look with a “jaundiced eye” at the opinions of either the investigating police officer or the other party’s insurance adjuster. Consult an experienced personal injury lawyer to help with a fair and balanced assessment of the case.

Stewart P. Galbraith is an experienced injury lawyer with Penney & Associates, with offices located throughout Northern California. www.penneylawyers.com (530) 899-2777

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The Myth of “Full Coverage” Car Insurance

Stewart — Thu, 26 Aug 2010 17:42:52 +0000

Is there such a thing as full coverage when purchasing car insurance? The short and simple answer is, “No.” Automobile Insurance companies advertise full coverage and insurance agents sell their clients full coverage. However, it is not until shortly after a car accident that the client learns that the words “full coverage” don’t live up to their apparent meaning. Here is the typical order of events:

Client: I just bought a new car and I need full coverage at a good price.

Agent: Excellent. Here is a great deal that will beat the other quotes. You get full coverage for any car accident with limits of $15,000/$30,000, collision coverage with a $500 deductible, and comprehensive coverage with a $250 deductible. All this full coverage for only X dollars.

Client: Where do I sign?

[Uninsured 19 year old kid runs stop sign and broadsides client’s car, causing client to suffer bodily injuries, leading to the following damages: medical bills, lost earnings, and pain & suffering. Further, client’s new car was totaled in the accident.]

Client (to agent): I was in an accident yesterday and I need help.

Agent: You need to call the insurance company and they will take care of you.

Client (to insurance adjuster): Please help me. I don’t have a car, I can’t work for at least 3 weeks, and I’m starting to receive medical bills from the ambulance, ER, and x-ray. I need to start physical therapy or chiropractic care.

Adjuster: We’ll get someone out to look at your car in the next 4-5 days. We should be able to get an appraisal on your car put together a few days after that.

Client: Well, I need a rental car now to get to the doctor and take my kids to school.

Adjuster: Sorry, you didn’t buy rental car coverage.

Client: What about the medical bills?

Adjuster: Sorry, you didn’t buy medical payment coverage.

Client: I just checked Kelly Blue Book and my car is worth about $3,500 less than what I owe. Will you guys at least pay off the loan?

Adjuster: Sorry, but you didn’t purchase GAP insurance, which would have paid for the difference between your loan and the fair market value of the car. So, you will be responsible for the $3,500. Plus, we have to deduct $500.00 off the value for your deductible.

Client: But, but, but . . . I bought full coverage!

Adjuster: Gosh, sorry about that.

This hypothetical is played out in the Chico, Oroville, and Yuba City areas literally on a daily basis. Insurance companies and the sale’s agents compete for customers by selling “full coverage” at a seemingly cheaper cost. However, they are really only selling the bare minimum required by California law and the loan companies, calling it full coverage, and charging a premium that is anything but cheap for the product received. Car accident victims are left without adequate coverage.

Always ask about and consider coverage for (1) rental car; (2) uninsured motorist bodily injury; (3) uninsured motorist property damage; (4) medical payments; and (5) GAP insurance. Only then will you have actually considered something closer to the mythical “full coverage” insurance in California.

Stewart P. Galbraith is a personal injury attorney with Penney & Associates, located throughout northern California. www.penneylawyers.com (530) 899-1111

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The Basics of a California Wrongful Death Claim

Stewart — Tue, 13 Jul 2010 15:50:03 +0000

The tragedy of a wrongful death is devastating and can be overwhelming. Further, pursuing a civil claim for wrongful death damages can be emotionally charged, complex, and even divisive amongst surviving family members. An experienced personal injury lawyer should be hired to guide the family through the legal process.

A “wrongful death” occurs when a person dies due to the negligent, careless, intentional, or reckless act of another person or entity. In such a situation, only certain people (“Claimants”) can bring a wrongful death claim to recover damages. Potential claimants include heirs and dependents of the victim. Proper claimants are determined, in a descending order, by their relationship to the deceased. The basic order is the surviving spouse first, and then children, dependent stepchildren, dependent minors living with the victim for at least six months, and dependent parents.

Wrongful death claim damages are specifically identified, but typically not easy to calculate. Potential wrongful death damages include the following items:

*Funeral and burial expenses.
*Financial support that the victim would have contributed to the family during his or her life expectancy, or the life expectancy of the claimant, whichever is shorter.
*The loss of gifts or benefits that the claimant would have expected to receive from the victim.
*The reasonable value of household services that the victim would have provided.
*The loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support that the victim would have provided.

Of course, no amount of money obtained through a wrongful death claim will ever replace a loved one. This is obviously not the intent of bringing such civil claims. The intent is to recover a fair and reasonable amount through the formal claim process to provide some compensation to the other victims of the wrongful death, to wit, the surviving heirs and dependents who lost their loved one.

Stewart Galbraith is an injury lawyer at Penney & Associates. (530) 899-1111 www://penneylawyers.com

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Chico Injury Lawyers & Baseball

Stewart — Fri, 25 Jun 2010 22:53:08 +0000

The Chico American Legion baseball program hosted an U-17 tournament over Father’s Day weekend. 10 teams from as far away as San Mateo and Reno attended. It was a great tournament, with the championship game featuring Grass Valley vs. San Mateo. The Miners from Grass Valley feasted on the tired (5 games in 5 days) San Mateo pitching staff. The Chico Suns Red team placed third in this prestigous tournament. The Chico Suns Blue finished in a disappointing 6th place. The games were played at both Chico High School and Doryland Field in Hooker Oak Park. The tournament was a successful fundraiser for the Legion baseball program and, more importantly, showcased some excellent baseball talent from the young men of Northern California.

The tournament director was Stewart Galbraith, a Chico injury lawyer at Penney & Associates; 530-899-1111.

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Chico Injury Lawyers Love Baseball

Fred Penney — Thu, 03 Jun 2010 22:47:52 +0000

Yes, even injury lawyers from Chico Love baseball. I will be blogging about Baseball in the future. 530-899-1111.

What To Do When The Insurance Company Gives You A Hardtime About Repairing Your Car

Stewart — Sat, 29 May 2010 03:36:52 +0000

What should you do when the insurance company gives you a hard time about repairing your car ?

Do you: (1) Take the law into your own hands; (2) repeatedly call and leave angry voice mail messages; (3) go into a deep depression until the insurance carrier takes pity; (4) call a lawyer; or (5) file a complaint with the department of insurance. Options 4 and 5 are obviously the best. A licensed lawyer specializing in car accidents will be able to advise you on how to handle the insurance company with regard to damage to your car. And, a formal complaint to the Insurance Commissioner definitely gets the attention of an insurance company. The reason is that the insurance commissioner has the power to terminate an insurance company’s license to do business in California. The more complaints filed against a particular company, the closer the insurance commissioner will look at the company when they seek to have their license renewed. As for the personal injury aspect of the case, it is best to consult with an attorney who specializes in car accident or personal injury law. If you happen to be in Chico, then you would call a personal injury lawyer in Chico.

Stewart Galbraith is an injury lawyer at Penney and Associates. (530) 899-1111.