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Author: Chris Movafaugh

DUI Attorney DUI Attorney

Do I Really Need a DUI Attorney?

Written by Chris Movafaugh on . Posted in Drunk driving accident.

Whether an individual charged with a first-offense DUI (or DWI) should hire a criminal defense attorney depends on many factors, which include personal circumstances and financial ability. However, as many law firms will provide free consultations, speaking with a San Diego DUI attorney offers many benefits. Hiring an expert defense lawyer over having public defender representation may be worthwhile if it means not making a guilty plea bargain. 

You Could Benefit From a DUI Defense Lawyer’s Technical Knowledge

An experienced DUI lawyer is familiar with the latest regulations for blood tests, breath tests, field sobriety testing, and checkpoint standards. Differences in test results may get the case dismissed in criminal court or the punishment reduced.

Drivers consent to certain tests when they get a license from the DMV, and this implied consent includes field sobriety tests. If a driver is accused of driving under the influence in California, they must submit to field sobriety testing. The breathalyzer test is the most widely used option.

If you refuse to take a breathalyzer test at the time of your traffic stop or anytime after that, you will face specific penalties under California law, including:

  • Immediate suspension of your driving privileges.
  • Immediate arrest at the traffic stop.
  • Revocation of your license if this isn’t your first offense.

If you refuse to take a breathalyzer test or have an accident while under the influence of alcohol, you should obtain legal advice from a San Diego drunk accident lawyer since the penalties are severe.

Local Knowledge Can Benefit Your DUI Case

Attorneys practicing in the immediate area are fully aware of the city, county, and state laws on DUI cases. Local lawyers know if the county funds special programs. The court may reduce the penalties or dismiss the criminal case if you agree to attend a DUI diversion program or complete substance counseling.

Experienced DUI Lawyers Have Insider Knowledge

DUI attorneys have defense strategies such as:

  • Capitalizing on errors that may have occurred at the time of the arrest.
    Plea deals deemed acceptable by prosecutors.
  • The best dates to arrange a hearing since they have working ties with local law enforcement officials, court personnel, and judges.

Your defense attorney can use their knowledge of the inner workings of the justice system to ensure people receive fair treatment. Take this recent San Diego example of drugged driving and the conduct of law enforcement and prosecution:

In recent years, the focus has landed on drugged driving, an offense more difficult to prove beyond the shadow of a doubt. Drugged driving in California can be punished as a separate offense or in conjunction with drunk driving.

San Diego municipal officials requested a financial grant from the California Office of Traffic Safety a few years ago to improve efficiency in handling drugged driving cases. They used the money to establish a special prosecutorial unit to handle cases involving drivers they had probable cause to believe were under the influence of prohibited substances. 

According to figures cited by the San Diego City Attorney’s Office, they prosecuted more than 280 drugged driving cases in one year alone, thanks to the grant’s economic resources. A more interesting figure is that the conviction rate is 98 percent in such cases. 

In the past, and even with additional funds, the City Attorney’s Office had trouble demonstrating the burden of proof in drugged driving cases, which an experienced DUI defense lawyer may use to get the case dismissed. With this money, prosecutors can attend conferences and arrange training sessions for drugged driving field police officers. Experienced San Diego DUI attorneys can still seek positive outcomes for their clients.

Additional DUI Case Considerations for Seeking Legal Counsel

Consider speaking with a San Diego DUI attorney if you are unaware of your rights under the law, unsure of state DUI laws, or need to be more informed of the possible consequences that you face. Legal representation is also good if your employment relies on your driver’s license for bonding. 

Serious offense situations (when legal representation is advised) include:

  • This was not a first-time DUI arrest. Prior DUIs make for aggravated drunk driving charges.
  • Your blood alcohol level was double that of the state legal limit.
  • If an accident occurred while you were under the influence.
  • If the collision caused an injury or fatality to another.

Getting behind the wheel while inebriated (DUI) must be avoided. An accident under the influence of alcohol is considered an aggravating factor, increasing the chances of harsher fines and the risk of costly civil liabilities.

Prosecutors in California actually have two forms of DUI charges:

  1. Consumption of (any) alcohol before driving is illegal. ‘Driving’ doesn’t have to mean operating the vehicle; it can be sitting in the front seat. There’s no legal blood alcohol content amount mentioned.
  2. Driving with a BAC of 0.08 percent or higher. Again, that’s a loose definition of ‘driving.’

Most people mistakenly believe they’ll only get a DUI conviction for the second charge, but the prosecution can go after them for the first one too. The system is tricky, and you will benefit from consulting with a knowledgeable San Diego DUI Attorney.

Potential Penalties for a Drunk Driving Charge

Most DUIs are prosecuted as misdemeanors. However, the penalties can be harsh, even for a first offense. These penalties can include the following:

  • One year of jail time.
  • Up to 5 years of summary probation.
  • Fines and court fees greater than $2000.
  • 1-year license suspension.
  • Mandatory enrollment in a court-approved alcohol program.
  • Community service.
  • You must wear and pay for a SCRAM ankle bracelet to record and report alcohol consumption.
  • You are required to install and pay for an ignition interlock device.

In addition, the consequences associated with the motor vehicle accident can result in the following:

  • Liability insurance premium increases.
  • Lawsuits deriving from property damages and personal injuries.
  • Having to pay for the attorney’s fees of the other injured parties.
  • Facing the possibility of a felony conviction, a criminal record, and enhanced penalties.

Contact A San Diego DUI Attorney

When you are charged with a DUI offense, resist the urge to go it alone. When added to the civil liabilities you will face from an accident, the consequences stemming from a DUI conviction are life-altering. You can lose your freedom, driving privileges, and the financial success you have worked so hard to build. You need an experienced San Diego DUI attorney to assist with your DUI criminal charges and accident liability damages. Contact the law offices of Mova Law Group – Personal Injury Attorneys. We will review your case and provide you with the best legal counsel.

Mobility scooter accidents Mobility scooter accidents

Do mobility scooter accidents qualify as Pedestrian Accidents?

Written by Chris Movafaugh on . Posted in Pedestrian Accident.

Motorized mobility aids are quite popular in the United States, and they are especially popular in states like California, where the weather is mild for much of the year. Mobility scooters are used by a diverse range of people, just as they are used by a diverse range of vehicles. And, without a doubt, new technologies will be created to allow for the creation of more varieties of these motorized devices for those who require them. They’ve grown in popularity to the point where the federal government has enacted rules governing their use, including a categorization as a pedestrian vehicle.

Classification

Motorized vehicles are essentially classed as an electric bike, which means that operators must comply with the same rules of the road required by bicycle operators because they do not exceed the 20 mph threshold. This is an important factor when operators are involved in mobility scooter accidents, and having an experienced San Diego pedestrian accident attorney in mind is always a good idea in case of a mishap.

Comparative Fault in Mobility Scooter Accidents

California is a pure comparative negligence state, meaning that all persons involved in an accident are assessed for their individual contributions. The question is how much the injured parties’ actions contributed to their own injuries. Any acceptable financial damages will be reduced based on that amount of contribution, and your San Diego pedestrian accident lawyer will keep this in mind while you negotiate your injury claim.

Serious Injury Cases From Mobility Scooter Accidents

One of the primary problems with accidents involving motorized mobility aids is that there is very little protection provided for the operator, such as being inside a standard vehicle. The final result is that very serious injuries could be sustained by the mobility aid driver, which also means the respondent insurance company can be very difficult in negotiating an equitable settlement. Injured operators will also need an experienced and aggressive attorney handling their claim.

Call Mova Law Group – Personal Injury Attorneys

Anyone in southern California who has been injured in a motor scooter accident should contact the legal professionals at Mova Law Group – Personal Injury Attorneys for a full free evaluation of the potential of their accident injury case. Never let the insurance company control a settlement claim when professional help is available on contingency.

Pedestrian rights Pedestrian rights

What Kind of Legal Rights Do I Have As a Pedestrian in California?

Written by Chris Movafaugh on . Posted in Pedestrian Accident.

San Diego is only pedestrian-friendly downtown, and it’s frustrating and possibly frightening to share the streets with so many drivers. You may enjoy walking for your health, the environment, or wallet. No matter the reason, you have the right to use public roadways for safe travel.The Freedom to Walk pedestrian law is effective as of January 1, 2023. Now, more than ever, we need to know our right-of-way laws if we’re involved in a pedestrian accident. Reviewing your legal rights and responsibilities as a traveler on foot might be helpful.

Do Pedestrians Always Have the Right-of-Way?

Traffic laws in California favor the person walking. While pedestrians and drivers are equal in the eyes of the law, the size and speed of cars give them the advantage in pedestrian-motor vehicle collisions. Pedestrian fatalities can result in criminal charges for the driver of a vehicle, so the personal injury lawyers of Mova Law Group – Personal Injury Attorneys advise you to be safe rather than having to deal with a wrongful death claim. Practice pedestrian safety so you can avoid high medical bills and severe injuries.

Pedestrians are anyone traveling via foot, mobility devices, or self-propelled transport. This includes:

  • Skateboards.
  • Manual scooters (not electric ones).
  • Rollerblades. 
  • Those on crutches or in wheelchairs. 
  • Mobility scooters.

Bicyclists are also a separate entity and have their own rules to follow. Pedestrians have the right-of-way over motorists in marked crosswalks and when the traffic signals give them the green light. Not only that, but pedestrian right-of-way applies to unmarked crosswalks as well.

California Vehicle Codes Regarding Pedestrian Right-of-Way

Travelers on foot have the right to use the sidewalks along roads and be safe from harm, according to California vehicle code. Some of your rights according to pedestrian laws include:

  • A pedestrian crossing at traffic lights, stop signs, or crosswalks always has the right of way.
    • Marked crosswalks have visible lines and a stop sign or traffic control signals.
    • Unmarked crosswalks may be anywhere on the road rather than at an intersection.
  • Motorists may not stop in a crosswalk.
  • Cars cannot pass other cars stopped at a crosswalk (vehicles may interfere with visibility).
  • Cars stopping at a red light must give 5 feet of space to those crossing.
  • Cars cannot drive on sidewalks unless entering a parking lot or alley and must yield to foot traffic on these turns.
  • Blind pedestrians with walking sticks or guide dogs have the right-of-way at all intersections as per White Cane laws.

Some exceptions to your rights as a pedestrian include these rules:

  • You must yield the right-of-way if instructed by law enforcement, even with a walk signal (i.e., traffic control devices stopped and police are directing traffic).
  • Pedestrians give up their right-of-way if they walk on the side of the road on major highways and other busy, prohibited lanes.
  • People on foot must stay out of bicycle lanes except to avoid an obstacle.

What is California’s New Jaywalking Law?

As of January 1, 2023, pedestrians may cross a street at any unmarked crosswalk without getting a citation, per the Freedom to Walk Act. This rule aims to reduce the unfair ticketing of people of color for mild infractions such as jaywalking. 

This jaywalking law means that we all must pay closer attention to our surroundings. A jaywalker may give a motorist little time to slow down. To practice due care, the pedestrian accident lawyers of Mova Law Group – Personal Injury Attorneys recommend staying off smartphones and enjoying your surroundings while walking.

What Happens if a Pedestrian Causes a Car Accident?

While a driver has greater due care than a pedestrian, it doesn’t mean they’re responsible for a crash. Right-of-way protects you from criminal charges in an accident but doesn’t absolve fault. Pedestrians are better off never assuming they have it and always paying attention to their surroundings.

When might a pedestrian be responsible for a car accident?

  • They didn’t use a crosswalk or didn’t obey traffic signals.
  • The pedestrian darted onto a street into oncoming traffic.
  • The person on foot is walking on a roadway off limits to pedestrians.
  • They are on the road while impaired by drugs or alcohol.

Even legally jaywalking, pedestrians must yield, especially to any oncoming vehicles. A driver has to react quickly to avoid an accident when someone emerges from between parked cars, presenting an immediate hazard. Motorists may swerve off the road, veer into a lane beside them, or into oncoming traffic to avoid the pedestrian and end up in a different car accident. A pedestrian accident attorney from Mova Law Group – Personal Injury Attorneys can help you after a collision, whether you were the person on foot or the driver. Contact our law firm today for a free consultation to review your potential personal injury claim. 

Personal Injury Attorneys Help Determine Comparative Carelessness

California’s fault laws allow multiple parties to be liable for accidents. If a driver is speeding, but the pedestrian crosses on a ‘Don’t Walk’ signal, they both might have violated their due care. Insurance companies and personal injury attorneys will negotiate each party’s responsibility percentage (comparative carelessness). This percentage of contributory negligence determines the amount of damages they owe.

If you or a loved one get in a pedestrian accident, contact Mova Law Group – Personal Injury Attorneys law firm today and speak to a comparative carelessness expert. We will review your case during our initial free consultation and advise you of your claim’s viability and expected settlement value. We take personal injury cases on a contingency fee basis, so you only pay once we win the settlement you’re happy with. No matter your role in a person vs. car accident, Mova Law Group – Personal Injury Attorneys will represent you and get the compensation you deserve.

Personal Injury Claims Personal Injury Claims

What do I risk financially if I launch a personal injury claim?

Written by Chris Movafaugh on . Posted in Personal Injury.

California’s tort laws mean you can seek monetary compensation to help cover your expenses if you or a loved one suffer injuries or wrongful death in an accident caused by another’s negligence. But isn’t legal action costly? Is my personal injury case worth suing for? At Mova Law Group – Personal Injury Attorneys, we argue the risk you take to launch a personal injury claim is minimal, but we know it doesn’t hurt to be aware of all the facts.

Worker’s Compensation and Personal Injury Case Risks

Most workplaces have insurance coverage due to the risk of injury on the job. Serious injuries can result from slips and falls and other on-the-job accidents. You can file for worker’s compensation or pursue a personal injury claim if your damages are not covered. 

Make sure the events surrounding your injury are documented in an accident report, and that you see a medical professional right away. Then, reach out to the expert personal injury lawyers at Mova Law Group – Personal Injury Attorneys to have your case assessed.

Retaliation and penalization from your employer are prohibited, so you do not risk your job or economic future by holding them accountable.

Insurance Company Risks in Personal Injury Law

Your insurance provider may increase your premiums after a car accident or other injury. You also risk getting drawn into a lengthy legal battle with insurance companies for a fair settlement, especially in comparative negligence cases where both claimants seek payment.

Your most significant insurance risk is dealing with insurers on your own. We recommend securing the services of a personal injury lawyer from Mova Law Group – Personal Injury Attorneys so that we can look out for your interests.

What About Legal Costs in a Personal Injury Lawsuit?

Mova Law Group – Personal Injury Attorneys takes accident cases on a contingency basis. We do not charge you for our hours or legal costs unless we get you awarded for your damages. 

The assumption of the risk is your attorney’s with contingency fees. If your personal injury lawsuit is unsuccessful, they have to cover their time and fees out of their pocket. 

Using a contingency fee model works in your favor for the following reasons:

  • You can get legal representation if you don’t have money up-front (very helpful if you’re dealing with medical bills).
  • You do not owe your lawyer any legal fees if your case is unsuccessful.
  • Your lawyer is motivated to act in your best interests and get maximum compensation.

It is important to read all contracts when you secure legal representation. You will want to know how much of your settlement you will receive after legal payments. If you do your research in advance, such as arranging a free case evaluation with the law firm of Mova Law Group – Personal Injury Attorneys, you will have no surprises. We will review all details of your claim with you, and explain our next steps.

The Biggest Financial Risk in a Personal Injury Claim

The costliest mistake you can make when filing a personal injury claim is to attempt to take this action alone. An accident attorney knows the ins and outs of the legal system and is familiar with the statute of limitations.

The risks you face, if you do not have an experienced personal injury attorney in your corner are significant. You could encounter any one or more of the following situations:

  • Insurance companies trying to con you into less money or no payout. 
    • Hiring an injury lawyer right after your accident lets them handle all communications with providers and protect your interests.
  • Your evidence needed to make your case is weak and doesn’t meet the burden of proof. 
    • Mova Law Group – Personal Injury Attorneys has access to expert witnesses, healthcare professionals, and accident specialists who can help. We handle claims of all sorts, such as motor vehicle accidents, premises liability cases, property damage cases, and all types of injuries.
  • Your claim won’t be taken seriously, especially if your negotiating point is too high or low. 
    • At your free case review, our personal injury lawyers will discuss the validity of your claim and give legal advice for an injury settlement amount.
  • You aren’t aware of or able to accurately predict future expenses. 
    • Lengthy medical care, lost earnings, alternative transportation, child care costs, and modifications for disabilities from catastrophic injuries are a few economic damages an experienced attorney knows to consider.
  • You don’t know how to put a numerical amount to non-economic losses like pain and suffering. 
    • The only time there’s a cap on non-economic losses is for medical malpractice cases ($250,000). Otherwise, personal injury law calculates these by multiplying your economic losses by a factor of between one and five. Insurance companies will aim low, but your lawyer will fight for a higher number.
  • You settle for less than you deserve. 
    • Mova Law Group – Personal Injury Attorneys’s team will take the time to reach a settlement or take your accident claim to court. Don’t spend your valuable time in legal battles when you could be recovering.

Hiring a personal injury attorney from Mova Law Group – Personal Injury Attorneys virtually eliminates your risk of further financial losses following an accident. An experienced lawyer actually increases your chances of winning your case and gets you greater monetary compensation than if you pursue the claim yourself. 

Following an accident, you and your family members need all the financial help you can get. We understand that you cannot afford to lose any more money on top of your existing damages. Contact us today, and we can set up a no-risk, no-obligation, free consultation as the first step in your financial recovery.


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

Truck accident Truck accident

If I file a lawsuit for a truck accident, will I be suing the driver or the company?

Written by Chris Movafaugh on . Posted in Truck Accident Lawyer.

The legal advice and guidance of an experienced truck accident lawyer are essential if you are in a crash with a semi. 

The size of commercial vehicles alone means accidents usually result in serious injuries. You may pursue a wrongful death suit if you lost a family member. You must ensure you can get the maximum compensation for your case to cover all your medical bills and future expenses.

Unlike in a car accident, a semi-truck driver may not own the vehicle. Many parties could be liable for the accident. Who do you sue for personal injury or wrongful death in a truck accident case?

Are Truck Drivers Liable for an Accident?

The driver of the large truck very well may be liable due to negligence. If they were engaging in any behavior that violated their duty of care and caused the motor vehicle accident, you could prove this in court. This behavior could include the following:

  • Driving while fatigued.
  • Driving without proper training.
  • Speeding, failure to obey traffic signs, and reckless driving.

If you seek damages from the truck driver, you are suing for payment from their insurance company, not them personally. You deserve compensation for your injuries; insurance is there for that purpose. You do not need to feel bad about holding the other motorist responsible for their actions, as they usually do not pay out of pocket.

What if they don’t have insurance coverage or their policy is insufficient? For your severe injuries, involving their employer’s insurance companies might be necessary to be appropriately compensated for your disfigurement and suffering.

How Do You Sue a Trucking Company?

California allows for vicarious liability, so you can seek payment from multiple parties if you can prove they had some responsibility for the accident. The trucker may be one of many options you have for legal action.

Depending on the cause of the accident, the trucking company could also be involved, as could the truck owner or manufacturer. Some examples of multiple-party liability include:

  • The company’s negligent hiring of a commercial driver with a poor driving record or inadequate training.
  • The trucking company or owner didn’t catch a mechanical failure during inspection or cut corners during maintenance. 
  • Product liability cases, where the manufacturer or distributor of the faulty truck parts handles a mechanical failure causing the accident.
  • Improper placement of materials in the back unbalanced the tractor-trailer, which the trucking company‘s loading crew handled.
  • Driver fatigue was the cause of the accident, but the trucking company ignored labor laws and pushed them to meet deadlines without proper rest.

Respondeat superior applies in California, which means you can sue an employer for damages caused by an employee while doing their job. This principle aims to:

  1. Prevent future accidents.
  2. Ensure victims receive proper compensation.
  3. Make larger entities take responsibility for covering damages when the risk of an accident is part of the job. 

In the case of severe accident injuries, you may sue a trucking company, as their insurance can afford a much higher payout than an individual driver’s policy.

Is the Truck Driver an Independent Contractor?

Trucking companies have often used truck owner-operators as drivers, calling them independent contractors to avoid responsibility for their actions. Doing so has shielded the larger company from litigation for driver-caused accidents.

California’s AB5 law means that as of 2020, companies must now treat drivers as employees if:

  • The driver is responsible to the hiring entity for their performance. 
  • The driver is doing a job that falls under the company’s wheelhouse.
  • The trucker doesn’t have their own existing transporting business.

Law AB5 is opening up trucking companies to scrutiny. Many commercial truck drivers in California are owner-operators and have protested against this law, as it affects their earning potential. Despite the trucking industry taking this legislation to the Supreme Court, there is no longer a trucking exception.

Trucking companies operating in the state must provide insurance for the drivers considered employees. This fact doesn’t make winning compensation any easier. 

For all the advantages of pursuing a personal injury claim against the trucking company, there are drawbacks. Larger companies mean more than just deeper pockets, but more aggressive insurers and attorneys. Insurance providers for these companies will try to settle as quickly as possible to avoid negative publicity. They may pressure accident victims to accept a low offer.

A San Diego Personal Injury Lawyer Can Help

The complicated rules surrounding liability and negligence mean you should only attempt to pursue your personal injury case with the help of an experienced law firm.

You will need to determine the cause of the truck crash to determine liability; witnesses and accident experts are helpful. Accident re-creation specialists can provide evidence of negligence being the cause. A truck accident attorney from Mova Law Group – Personal Injury Attorneys can provide these experts, and they will assist with gathering evidence.

At an initial free consultation, one of our experienced personal injury attorneys will review the facts of your truck accident claim with you to determine its viability. During this free case review, our truck accident lawyers will direct you to the most appropriate liable parties for financial compensation.

Your losses in a truck accident are no doubt substantial. Mova Law Group – Personal Injury Attorneys’s personal injury lawyers can help you get the most compensation from all those responsible. We offer a free case evaluation to begin and then take cases on a contingency basis. You only pay us once we get you the settlement you deserve. Contact us today for support in your personal injury case.

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

Resources:

-State of California Department of Industrial Relations

Personal Injury Case Personal Injury Case

How much is a personal injury case worth?

Written by Chris Movafaugh on . Posted in Personal Injury.

Settlement for damages following an accident is unique to each situation. It’s tempting to cut further costs and attempt to handle your claim yourself, but you do yourself a disservice by going it alone. A personal injury lawyer can help you get the maximum value of your claim, and the benefits of hiring a professional negate the costs.

How Much Is My Personal Injury Claim?

The impacts of a car accident or workplace injury over which you have little control are scary. Financial effects on an injury victim may include: 

  • Medical expenses including past, current and future surgeries, hospitalizations, therapies, prescriptions and rehabilitation. 
    • Brain injuries, back injuries, whiplash and fractures are severe injuries that may appear over time. Wait until you have reached maximum recovery improvement to assess future medical bills.
  • Lost income or earning capacity – Medical treatment, recovery and trauma may require time off work, potentially a leave of absence. Serious injuries may mean not being able to work again.

Online multipliers can give the fair value of your claim for economic losses. What about the impact of the accident on your quality of life? How do you quantify these types of damages:

  • Physical pain and suffering.
  • Emotional distress and trauma.
  • Loss of consortium from loved ones.
  • Loss of enjoyment of life.

Trying to represent the value of these non-economic damages is subjective, making these harder to fight for and prove in settlement negotiations.

An experienced personal injury attorney has a reasonable idea of what you can ask for and expect to win. Consult a lawyer with expert medical professional connections to get an accurate estimate of the value of your case. You deserve total compensatory damages for your suffering, not an amount that will run out before your medical care ends.

Factors Affecting Your Personal Injury Settlement

An accident lawyer has seen it all when negotiating personal injury cases. Having one of these professionals in your corner means no surprises await when you file your claim.

Elements impacting your personal injury lawsuit may include:

  • Fault – California is a comparative negligence state, so you can receive damages proportional to your role in what happened. An accident lawyer can argue the other’s part in matters such as slip and fall injuries or premises liability cases. 
  • Statute of limitations – The specific period for filing usually begins on the accident date. Get started immediately, even if injuries seem minor, to avoid running out of time. 
  • Recovery time – Permanent disabilities and loss of earning capacity increase economic damages. Associated costs may include rehabilitation, lifestyle alterations, and long-term pain.
  • Failure to mitigate damages on your part can affect your claim. See a doctor immediately and follow medical advice to avoid exacerbating your condition.
  • Insurance coverage – Insurance adjusters purposely underestimate your expenses to avoid a payout. They may argue that you’re responsible, you had a pre-existing health condition, or that you are misrepresenting your damages. If the other party is uninsured, you may have to file a claim against your insurance policy. Remember, these large companies are in business for profit, not to protect you. 
  • Evidence – To argue liability, you need solid facts that prove negligence by the other party. Attorneys can provide legal advice on what to gather. They are connected to expert witnesses to support your argument to win a trial verdict.

This list isn’t exhaustive, but it is daunting. Personal injury claims are difficult to pursue, and receiving money for your pain takes time. 

Is My Personal Injury Claim Worth It?

This is a question only you can answer. You are the expert on what you have lost in the aftermath of an accident. Besides the apparent effects of an accident on your life, there are many things to consider. Mova Law Group – Personal Injury Attorneys recommends a free consultation with one of our experienced attorneys. We will review your accident case and establish a realistic estimate of your damages.

Filing a personal injury suit can help you regain the money spent on medical costs. You may feel empowered and able to take back control of your life.

Working with an experienced personal injury lawyer maximizes the amount of compensation you may receive. Attorneys won’t lowball your settlement amount as an insurance company will. We handle the draining and complicated legal process, giving you time to return to living your life.

Experienced legal representation is more likely to win larger settlements than when accident victims represent themselves. You don’t have to invest in us up-front either. The law firm of Mova Law Group – Personal Injury Attorneys operates on a contingency fee basis, so we only collect payment when the settlement satisfies you.

So, what is your personal injury claim worth? Wouldn’t you agree that you owe it to yourself to find out? At no risk or initial obligation, as well as a higher likelihood of success, the benefits outweigh any potential drawbacks. Contact Mova Law Group – Personal Injury Attorneys today to learn more.

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

Cruise control car accident Cruise control car accident

How To Safely Use Cruise Control

Written by Chris Movafaugh on . Posted in Car accident.

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

How Does Cruise Control Work?

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

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

Is Using Cruise Control Safe?

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

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

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

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

What if Cruise Control Fails?

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

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

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

A Car Accident Lawyer Can Help

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

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

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

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

car accident lawyers car accident lawyers

What You Should Do After a Car Accident

Written by Chris Movafaugh on . Posted in Car accident.

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

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

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

1. Take a Deep Breath and Survey the Scene

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

2. Call 911

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

3. Document the Accident

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

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

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

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

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

4. Seek Medical Attention

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

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

5. Contact an Experienced Car Accident Attorney

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

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

A personal injury lawyer is of valuable help here:

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

6. File an Accident Claim With Your Auto Insurance Company

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

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

Why Do I Need a Car Accident Lawyer?

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

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



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

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

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

Resources:

-California DMV 

-Personal Injuries

Personal Injury Lawyer Personal Injury Lawyer

When to Hire a Personal Injury Lawyer?

Written by Chris Movafaugh on . Posted in Personal Injury.

There is no wrong time to reach out to an experienced personal injury lawyer in the aftermath of an accident, so long as an accident victim’s claim falls under California’s statute of limitations. 

Does that sound unfamiliar and intimidating? This point alone highlights the benefits of having a legal professional on your side. It’s unfair to expect you to know the ins and outs of civil litigation. Insurance companies would rather you attempt to navigate the legal process alone, but you would do yourself a disservice if you did.

What Does a Personal Injury Attorney Do?

Personal injury law helps to restore you with compensation when someone else’s negligence has caused harm. Proving the intention to harm is unnecessary – the impact is the focus. A personal injury lawyer ensures insurance policy providers and the at-fault parties understand how their actions have affected you.

Liability, negligence, and fault are not easy to prove. Still, an attorney that understands and practices civil law in the state can help you do this and level the playing field, even in the face of stiff opposition.

An accident lawyer increases your chances of winning your lawsuit and receiving a larger amount of money.

A personal injury attorney can:

  • Advocate for you in various personal injury cases.
  • Give legal advice in a free case evaluation regarding your accident claim‘s viability and legal rights.
  • Provide a reasonable estimate of what you can expect to receive. Experienced attorneys can use their knowledge of past cases to give an objective monetary value for your damages (even complex concepts such as pain and suffering, emotional distress, and future medical expenses).
  • Give a reasonable estimate of when to expect your personal injury lawsuit to last before reaching a settlement.
  • Provide expert witnesses with testimony to back up your claims in court.
  • Request evidence from the other party’s legal team, such as medical records, interviews, and other physical documentation.
  • Handle insurance companies and the other party’s lawyers that wish to downplay their role and blame you for your problems.
  • Navigate complicated claims involving powerful opponents, like medical providers or large production companies. 
  • Eliminate the stress of representing yourself in court and keeping up with all filings and deadlines.

Mova Law Group – Personal Injury Attorneys is a top-ranking personal injury legal firm in San Diego, CA. If you or a loved one are injury victims due to someone else’s actions, we can help.

When Should You Reach Out to a Personal Injury Attorney?

The statute of limitations for many civil cases in California is two years from the accident, but this can vary per instance. Expert legal representation will inform you of deadlines. 

Under this guideline, we recommend securing legal representation at one of the following times:

  1. Best case scenario: Contact a lawyer immediately after you are involved in the incident. This gives you the most time to prepare and win your case.
  2. You can also contact an attorney upon discovering an injury and seeking medical care. Many serious injuries from an accident don’t appear immediately but later affect your daily life and earning capacity. A personal injury lawyer can help you navigate your treatment and prepare for potential medical bills. 
  3. Finally, you should contact an attorney before you file your insurance claim if you still need to do so. Insurance companies may propose a lowball settlement offer or create delays in bad faith to run out the clock on the statute of limitations. A personal injury lawyer can help you fight against these insurance adjusters and third-party legal teams.


The earlier you reach out, the less hassle you face and the greater your chances of winning a fair settlement. You can reach Chris Movafagh and the personal injury law firm of Mova Law Group – Personal Injury Attorneys 24/7. Contact us today to get started on your claim.

What is the Cost of Hiring a Personal Injury Lawyer?

Don’t let financial concerns convince you to pursue damages alone. You owe yourself to hire a professional, as the benefits far outweigh any costs. Experienced help is invaluable in a technical field like civil litigation.

At Mova Law Group – Personal Injury Attorneys, we operate on a contingency basis, so you only pay your legal fees once the case wraps. These contingency fees are only due upon reaching a fair compensation amount.

An initial free consultation allows you to establish an attorney-client relationship. You may inquire about their fee structure and experience with personal injury claims like yours. These initial consultations are no-risk, no-obligation meetings until you secure a law firm‘s services.

Mova Law Group – Personal Injury Attorneys is here to support you after your accident. We will fight to get you the maximum compensation you deserve! Our experienced personal injury lawyers are advocates in your corner against those responsible for your accident.

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

Resources:

-California Courts

Will My Insurance Cover My Auto Accident?

Written by Chris Movafaugh on . Posted in Car accident.

Will My Insurance Cover my Auto Accident?

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

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

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

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

Insurance in an Auto Accident

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

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

How Do Deductibles Work?

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

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

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

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

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

What Insurance Should You Use?

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

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

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

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

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

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

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

Whose Insurance Pays for an Auto Accident?

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

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

Understanding State Liability Laws

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

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

No-Fault

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

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

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

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

Thresholds

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

There are two types of thresholds: monetary and verbal.

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

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

Fault

Then there are fault states like California.

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

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

Three Types of Negligence and Fault Insurance Claims

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

California is a pure comparative negligence state. What this means is that drivers can recoup losses in proportion to their degree of fault in an accident. The obvious problem, of course, is that this can be highly subjective.
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Finding the Right Accident Attorney for You

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

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

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

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

Our san diego Location

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

3262 Rosecrans St, San Diego, CA 92110

(858) 333-4999

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Our El Cajon Location

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

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

(619) 349-1589

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