BLOG
Our thoughts and musings
Can Dashcam Footage Help My Car Crash Case?
Discover how dashcam footage can strengthen your personal injury claim. Learn when dashcam videos are admissible in California, how they help prove fault, and what to do with your footage after an accident. Get expert insight from Montanez Yu, Los Angeles personal injury attorneys.
If you’ve driven around Corona and other Southern California cities lately, you’ve probably noticed more and more people with small cameras mounted on their dashboards or windshields. Dashcams used to be something you’d only see in police cars or viral YouTube videos, but today they’re everywhere.
And for good reason. When an accident happens, a dashcam can be the difference between a long, stressful “he said, she said” battle and a clear, straightforward insurance claim. But does that mean dashcam footage automatically helps your case? Not always. In this post, we’ll break down when dashcam footage can help your personal injury claim, when it might hurt it, and how to make sure it’s used correctly.
The main reason people install dashcams is simple: protection. No one wants to be blamed for something they didn’t do. A dashcam gives you an objective account of what happened, especially when the other driver’s version of events doesn’t match yours.
Dashcams record continuously while you drive, capturing not only the moment of the crash but also what happened in the minutes leading up to it. That context can be crucial when proving things like speeding, tailgating, or distracted driving.
For example, if another driver suddenly cuts you off and slams on their brakes, dashcam footage can clearly show that you had no time to react. Without it, you might be stuck relying on witness statements or incomplete police reports.
Is Dashcam Footage Admissible in California?
Yes, dashcam footage can be used as evidence in a California personal injury case — as long as it meets certain requirements. Courts generally consider dashcam video admissible if it’s relevant to the case, clearly shows what happened, and hasn’t been tampered with.
However, there are a few things to keep in mind:
The footage must be your own. Recording inside your own vehicle is fine, but recording someone else without permission in private spaces could raise privacy concerns.
The video must have a clear chain of custody. If it’s been edited, cut, or stored improperly, the opposing side might argue that it’s unreliable.
Audio recording is a gray area. California has strict privacy laws about recording conversations without consent. If your dashcam records sound, make sure it complies with state law.
Because of these nuances, it’s always best to talk to a personal injury attorney before handing over or sharing footage.
How Dashcam Footage Can Strengthen Your Case
In many situations, dashcam footage can be incredibly valuable. Here’s how it can help:
Proving fault: The biggest benefit of dashcam footage is showing exactly who caused the accident. Video can capture things that witnesses miss — like a driver running a red light or texting behind the wheel.
Establishing conditions: Sometimes, the dispute isn’t about what the drivers did, but about the environment. Dashcam video can show poor road conditions, weather issues, or construction zones that contributed to the crash.
Countering false claims: Unfortunately, some people exaggerate or even stage accidents to collect money. A dashcam can expose fraudulent behavior instantly.
Supporting witness testimony: When witnesses do exist, dashcam footage can back up their statements and make your version of events much more believable.
Insurance companies know how powerful dashcam footage can be. When they realize there’s video evidence supporting your claim, they’re often more willing to settle — and faster.
When Dashcam Footage Might Hurt Your Claim
While dashcams are often helpful, they’re not always a slam dunk. Sometimes, the footage shows something that actually hurts your case.
For example, if your video shows you glancing at your phone, rolling through a stop sign, or speeding slightly before the crash, the insurance company could use that against you. Even if your actions weren’t the main cause of the accident, they might still argue you share some of the blame.
This doesn’t mean you shouldn’t use the footage — but it’s another reason why you should let your attorney review it first. A skilled personal injury lawyer can decide whether the footage helps or if it’s better kept private.
What to Do If You Have Dashcam Footage of an Accident
If you’re involved in an accident and your dashcam captured it, here’s what to do next:
Save the footage immediately. Back it up to your computer or cloud storage so it doesn’t get overwritten.
Don’t edit or cut it. Even trimming the video can raise questions about authenticity.
Share it only with your attorney. They’ll know the best way to use it strategically during your claim.
Make note of date, time, and location. This helps verify the video’s accuracy.
Avoid posting it online. Uploading the footage to social media might feel tempting, but it can complicate your case later.
Final Thoughts
Dashcam footage isn’t a magic bullet, but it can be one of the strongest pieces of evidence in a personal injury case. When used correctly — and with the help of an experienced attorney — it can protect your rights, prove liability, and speed up your claim.
If you’ve been injured in a car accident and believe your dashcam recorded it, don’t wait to find out how valuable that footage could be. At Montanez Yu, our team reviews every piece of evidence carefully to build the strongest possible case for you.
Reach out today for a free consultation — and let us help you turn that video into the proof you need to get the compensation you deserve.
Call: (833) 695-2966
Help@MYInjuryLawyers.com
Why You Should Call a Personal Injury Lawyer Before Year’s End
The clock is ticking toward the end of the year. If you’ve been injured—whether in a car crash, slip-and-fall, dog bite, or any other incident caused by someone else’s negligence—waiting could cost you more than just some peace of mind. At Montanez Yu Injury Lawyers, we see far too many people delay seeking legal help, only to regret the consequences later. Here are the key reasons you should reach out before December 31.
1. Statutes of limitations are unforgiving
One of the most important reasons to act now is the statute of limitations. In California, many personal injury claims must be filed within two years from the date of injury (for negligence claims) — and in certain circumstances, that deadline can be even shorter. If you miss the window, the court can bar your claim entirely.
Even if you think you have “plenty of time,” starting the process early ensures you don’t later find that your right to compensation is extinguished.
2. Evidence is freshest when action is prompt
Evidence decays with time. Witness memories fade, accident scene markings change, surveillance footage gets overwritten, and physical evidence can disappear. The sooner your lawyer can begin:
Preserving accident scene photos
Interviewing witnesses
Securing video footage
Documenting your injuries
…the stronger your case will be.
Delaying can mean losing key pieces of evidence that insurers or defense lawyers will use against you.
3. Medical treatment and documentation must be consistent
Insurance companies expect injured parties to seek prompt medical evaluation and treatment. If there’s a long gap between your injury and when you see a doctor, an insurer might argue your injuries came from something else.
By getting legal guidance early, you ensure:
You’re advised to seek the proper medical care
Your injuries are properly documented
Medical records are gathered timely
A logical connection is preserved between the accident and your injuries
Having a lawyer on your side early helps avoid excuses insurers use to deny or minimize your claim.
4. Time to build your case — without pressure
Cases take time. Your attorney and their team will want to investigate thoroughly, consult experts (if needed), collect documentation, and negotiate. If you wait, there’s less breathing room.
Plus, during holiday seasons or December workloads, courts and opposing counsel may slow down. Starting now gives your case room to breathe.
5. Year-end financial planning & maximizing recovery
Because the end of the year coincides with holidays, travel, and personal deadlines, there are practical financial reasons to act now:
You may need to replace damaged property or pay medical bills. Recovery take time — the sooner you start, the better your chances of bridging those costs.
You may also be facing tax planning or financial year-end decisions; knowing your legal position can help you plan accordingly.
Insurance companies may slowdown operations during the holidays — giving them more time to push back. A lawyer pushing early can keep pressure from slipping.
6. Peace of mind heading into the New Year
Nothing is more stressful than knowing your legal rights may be slipping away. By contacting Montanez Yu in December, you can start your case with professional guidance, avoid surprises, and head into the new year knowing you’re taking action.
Why Choose Montanez Yu Now?
Free Consultation & No Upfront Fee — You don’t pay unless we win your case.
Responsive Communication — We pride ourselves on being reachable.
Experience in a Wide Range of Injuries — From car crashes to slip-and-fall, dog bites, and wrongful death, we’ve recovered millions for clients across Southern California.
Local Knowledge — Our offices throughout California allow us to respond quickly and handle logistics with ease. (We serve Corona, Riverside, Los Angeles, Orange County, Ventura, and more.) Injury Firm California
Proven Results & Reputation — We’ve earned patient trust, five-star client reviews, peer recognitions, and awards. Injury Firm California
What You Should Do Right Now (Before Year’s End)
Document what you can: take photos, notes, get names of witnesses.
Seek medical attention (even if injuries seem minor).
Gather records: medical bills, police reports, repair estimates.
Call Montanez Yu for a free consultation — the earlier, the better.
We’ll guide you through every step, preserve your rights, and fight for the full compensation you deserve. Don’t let the year slip away while your claim weakens — act now.
If you're ready to talk, reach out today:
Call: (833) 695-2966
Email: Help@MYInjuryLawyers.com
Let us take the burden off your shoulders so you can focus on healing.
Brain Injury Lawyers Explain the True Costs of TBI
Brain injuries often lead to lifelong medical bills, therapy, and lost income. Learn how a brain injury lawyer can explain the true long-term costs of TBI cases and fight for compensation to cover care, recovery, and future expenses.
A brain injury is one of the most serious injuries a person can face. Even a “mild” traumatic brain injury (TBI), like a concussion, can have long-lasting effects. More severe TBIs often change someone’s life forever—impacting work, relationships, and everyday activities.
If you or a loved one has suffered a brain injury because of someone else’s negligence, it’s important to understand the long-term impacts and costs. These costs go far beyond just the first hospital bill. A brain injury lawyer can help explain your options and fight for compensation to cover the care you’ll need now and in the future.
The Hidden Costs of a Brain Injury
Medical expenses are only the beginning. With a TBI, the financial impact often lasts for years. Some of the most common long-term costs include:
Ongoing medical treatment – doctor visits, rehabilitation, medications, and check-ups
Therapy services – physical therapy, occupational therapy, speech therapy, or counseling
Loss of income – many TBI victims can’t return to their old job, or can’t work at all
Home modifications – wheelchair ramps, accessible bathrooms, or other safety upgrades
Long-term care – nursing care, assisted living, or in-home support services
Emotional costs – stress, depression, and the toll on family members who become caregivers
When you add these up, the lifetime cost of a serious brain injury can reach into the millions of dollars.
Why These Cases Are Complicated
Brain injuries aren’t always easy to prove. Symptoms can take time to appear and may not show up on basic medical tests. Insurance companies often argue that the injury isn’t as serious as claimed or that the victim had pre-existing conditions.
This is where having an experienced brain injury lawyer matters. They know how to gather evidence from medical experts, therapists, and specialists to show the full impact of the injury on a victim’s life.
How a Brain Injury Lawyer Can Help
A lawyer can:
Investigate the cause of the accident and identify all responsible parties
Work with doctors and experts to prove the long-term impact of the TBI
Calculate the true cost of the injury—not just for today, but for the victim’s future
Handle negotiations with insurance companies that try to minimize payouts
Take the case to trial if a fair settlement isn’t offered
Your Rights After a Brain Injury
If someone else’s carelessness caused the injury—whether from a car crash, slip and fall, workplace accident, or another incident—you may have the right to seek compensation. This can include:
Medical bills (past and future)
Lost wages and reduced earning potential
Pain and suffering
Long-term care expenses
Home modifications and mobility aids
Support for family members affected by the injury
Take Action Early
The sooner you speak with a lawyer, the better. Brain injury cases require careful preparation and strong evidence. A lawyer can help protect your rights, explain your options, and make sure the insurance company doesn’t take advantage of you during a vulnerable time.
Final Thoughts
A traumatic brain injury doesn’t just affect the victim—it affects their whole family. The costs are high, both financially and emotionally. But you don’t have to carry the burden alone.
If you or a loved one has suffered a TBI, talk to our experienced brain injury lawyers. They can help you plan for the future, fight for fair compensation, and make sure you have the resources you need to move forward.
Get Help from Montanez Yu Today
Call or text:
(833) MY-LAW-NOW | (833) 695-2966 | (951) 444-7407
Help@MyInjuryLawyers.com
This article is for general information and not legal advice. For advice on your specific situation, please speak with a licensed attorney.
How a Premises Liability Lawyer Can Help Prove Property Owner Negligence in California
Learn how a premises liability lawyer can help you recover compensation when property owners fail to keep their spaces safe for visitors and guests.
Imagine you’re walking through a grocery store and suddenly your feet fly out from under you on a slick, unmarked spill. Or you’re visiting a friend’s apartment complex and a rotten stair tread gives way. Those aren’t just unlucky accidents. Under California law, they may be examples of premises liability, which means the property owner (or the person in control of the property) can be held legally responsible.
What “Premises Liability” Really Means
At its core, premises liability is the idea that anyone who opens their property to guests, customers, or tenants has a duty to keep it reasonably safe. That includes business owners, landlords, property managers—anyone who invites people onto land or into a building.
Hazards can take many forms:
Wet or freshly mopped floors without warning signs
Broken railings or uneven stairs
Poor lighting in parking lots or hallways
Cracked sidewalks or loose carpets
Unsecured swimming pools or playground equipment
These aren’t rare problems. They’re everyday maintenance issues that, when ignored, can cause serious injuries: broken bones, spinal damage, even traumatic brain injuries.
California’s Duty of Care
California Civil Code §1714 makes it clear: property owners must act with “ordinary care.” In practice, that means they’re expected to inspect their property regularly, fix hazards promptly, and post clear warnings when a fix can’t happen right away.
The law does draw some distinctions depending on who’s visiting:
Invitees—customers, clients, or tenants—are owed the highest duty of care.
Licensees, such as social guests, must at least be warned of known dangers.
Trespassers receive less protection, but owners still can’t create hidden traps or ignore obvious life-threatening risks.
Building a Strong Claim
To hold a property owner accountable, an injured person generally needs to prove four things:
Duty – The owner or occupier had a responsibility to maintain a safe environment.
Breach – They failed to repair, warn, or otherwise address a dangerous condition.
Causation – That failure directly caused the injury.
Damages – The injury resulted in measurable losses, like medical bills or lost wages.
For example, if a store knew a freezer was leaking water but left the puddle unmarked for hours, that could satisfy all four elements if a shopper slips and gets hurt.
How Property Owners Defend Themselves
Property owners (and their insurance carriers) rarely write a blank check. Common defenses include:
Comparative Negligence: Arguing the injured person was partly to blame—maybe they were texting while walking. Under California’s comparative fault rules, any compensation can be reduced by the percentage of the victim’s own fault.
Open and Obvious Danger: Claiming the hazard was so apparent that anyone paying attention would have avoided it.
Lack of Knowledge: Saying the owner didn’t know, and couldn’t reasonably have known, about the danger in time to fix it.
This is why quick action matters. Photos, surveillance footage, and witness statements can disappear in days.
What You Can Recover
Successful claims can cover:
Current and future medical expenses
Lost income or diminished earning ability
Pain and suffering
Rehabilitation or long-term care costs
In tragic cases, funeral expenses and loss of companionship for surviving family members
Steps to Take After an Injury
If you’re hurt on someone else’s property, here’s what experienced lawyers often recommend:
Seek medical care right away. Even minor injuries can worsen or hide internal damage.
Report the incident to the owner or manager and ask for a written report.
Document the scene with photos or video before anything is cleaned up or repaired.
Collect witness contacts in case their statements are needed later.
Save clothing or shoes worn at the time—they can show how the accident happened.
Consult a premises liability attorney quickly. California generally gives you two years to file a personal injury claim, but waiting can hurt your case.
Why Legal Help Matters
Premises liability cases can be surprisingly complex. You may be dealing with a landlord, a management company, a maintenance contractor, or all three—each pointing fingers at the others. Insurance companies often have seasoned adjusters whose job is to minimize payouts.
A knowledgeable premises liability lawyer can sort out who’s responsible, preserve critical evidence, negotiate with insurers, and, if needed, take the case to court. Having someone on your side levels the playing field so you can focus on healing.
Bottom Line
Premises liability law isn’t about punishing property owners for honest mistakes—it’s about ensuring that preventable hazards don’t ruin lives. If you’ve been injured because someone failed to maintain safe conditions, don’t assume you have to shoulder the burden alone. Talking with an experienced attorney can help you understand your rights and take the next step toward fair compensation.
Get Help from Montanez Yu Today
If you’ve been involved in an accident, don’t wait. Evidence can disappear and insurance companies might try to lowball you.
Call or text:
(833) MY-LAW-NOW | (833) 695-2966 | (951) 444-7407
Help@MyInjuryLawyers.com
This article provides general information and should not be taken as legal advice. Talk to one of our expert attorneys for guidance tailored to your specific situation.
Why You Should Talk to a Wrongful Death Lawyer if You’re Unsure About Your Case
There are few things more painful than losing a loved one unexpectedly. The grief alone is overwhelming, but when you also start wondering whether their death could have been prevented, the questions pile up quickly. We can help walk you through the questions you might have.
There are few things more painful than losing a loved one unexpectedly. The grief alone is overwhelming, but when you also start wondering whether their death could have been prevented, the questions pile up quickly. Families often find themselves asking:
Was someone else responsible for this?
Do we have legal rights?
Should we talk to a lawyer, or is that too extreme?
These are not simple questions, and searching online only adds to the confusion. The truth is, wrongful death cases are complicated, and every family’s situation is unique. That’s why sitting down with an experienced wrongful death attorney in California is one of the smartest things you can do if you’re even considering the possibility of a claim.
At Montanez Yu Law, we’ve helped families through this exact situation. Our job is not just to fight for justice in court, but also to provide clarity when everything feels uncertain.
What “Wrongful Death” Really Means
The term “wrongful death” can sound legalistic, but at its core, it simply means a life was lost because of someone else’s negligence or wrongful act. It could be a distracted driver running a red light. A doctor missing a critical diagnosis. A defective product that should never have been sold. Or a workplace that ignored safety rules.
California law allows certain family members to file a wrongful death claim when this happens. Usually, that includes a spouse, children, or other dependents. The point of the claim isn’t to put a dollar value on a person’s life—because we all know you can’t. Instead, it’s to hold the responsible party accountable and to help the surviving family maintain some financial stability in the face of devastating loss.
The Hard Questions Families Face
We often meet people who aren’t even sure if they “qualify” for a wrongful death case. They’ll ask questions like:
What if it was an accident—does that still count?
What damages can we actually recover?
Is there a time limit for filing?
Do we even want to go through the stress of a lawsuit?
These are natural concerns. And while general answers exist, the specifics depend heavily on the details of each situation. That’s why a conversation with a lawyer who focuses on wrongful death cases is so important. One short consultation can save months of second-guessing and give you a clear path forward.
Why Talking to a Lawyer Makes a Difference
A wrongful death attorney isn’t just someone who files paperwork. They act as a guide through a process that can feel overwhelming. Here’s why it matters:
Understanding your rights – California law has specific rules about who can bring a claim and what damages are allowed. Most families don’t know those rules, and that’s okay—that’s our job.
Protecting against deadlines – Wrongful death claims must be filed within a certain window of time. Missing that deadline can close the door permanently.
Investigating liability – Sometimes it’s obvious who was at fault; other times, it takes digging. Was it the driver, the employer, the property owner, or even multiple parties? A lawyer can sort that out.
Making sure compensation reflects the real loss – It’s not just about funeral expenses. It’s also about lost income, medical bills, and the irreplaceable loss of companionship.
Shielding you from insurance companies – Insurers are quick to offer low settlements when families are at their most vulnerable. Having a lawyer levels the playing field.
Why Families Look for a “Wrongful Death Lawyer Near Me”
When you’re dealing with something this personal, you don’t just want a law firm—you want people who understand your community. A wrongful death attorney in California brings local knowledge of courts, judges, and procedures that out-of-town firms may not have. Plus, meeting face-to-face can make the process feel a lot less intimidating.
At Montanez Yu Law, we take pride in serving families right here in our community. We’re not a massive corporate firm. We’re local attorneys who care about our clients and take the time to really listen.
What to Expect in a Consultation
One of the most common reasons people hesitate to call a lawyer is fear of the unknown. What happens if you reach out?
Here’s how it usually goes with us:
We start by listening. You tell us your story—what happened, who was involved, and what you’re worried about.
We answer your questions honestly. Even if the answer is “you probably don’t have a case,” we’ll tell you straight.
We explain your options. That might mean pursuing a claim, or it might mean taking a different path.
We take on the legal work if you decide to move forward. You shouldn’t have to carry the burden of both grief and complex legal procedures.
Our goal isn’t to file a case, it’s to provide clarity so you can make the decision that feels right for your family.
Why Choose Montanez Yu
There are plenty of firms out there, so why reach out to us? Here’s what past clients have told us makes the difference:
We’re compassionate. We understand that clients aren’t just cases—they’re families who are hurting.
We’re thorough. Wrongful death cases require careful investigation and preparation. We don’t cut corners.
We fight hard when it counts. Whether negotiating with insurers or presenting a case in court, we stand firm for our clients.
We also believe in keeping our clients informed. Legal jargon and endless paperwork don’t help anyone heal. We take the time to explain things in plain English, so you always know what’s happening and why.
Taking the Next Step
If you’ve lost someone you love and you’re not sure whether it qualifies as wrongful death, the best thing you can do is ask. Don’t let uncertainty linger. A quick, confidential consultation could give you the clarity you need.
At Montanez Yu Law, we’re here to answer your questions, walk you through the options, and—if you choose—stand by your side every step of the way.
📞 Call us today at 833.695.2966 or fill out our form to schedule a consultation. Let us help you find answers and a path forward.
Closing Thoughts
Grief is heavy enough without the weight of legal uncertainty. If you even suspect your loved one’s death could have been prevented, it’s worth having a conversation with an attorney. Not tomorrow. Not next month. Today.
Because getting answers isn’t just about a potential lawsuit—it’s about peace of mind for you and your family.
How to Find the Right Slip and Fall Attorney Near Me
Injured in a slip and fall accident? Learn how a local slip and fall attorney near you can help you recover compensation for medical bills, lost wages, and more.
Getting hurt in a slip and fall accident is more common than you might think. It could be something like slipping on a wet floor at the store or tripping over a crack in the sidewalk. Even though these accidents might seem minor, they can cause real injuries and mess up your life for weeks or months.
If you’ve been injured and searched for a “slip and fall attorney near me,” you probably want to find someone local who can help you get through this. But how do you pick the right lawyer? Let’s break down what you should know and what steps to take next.
Why Should I Hire a Slip and Fall Attorney Near You?
It’s a smart move to hire a local lawyer for a few reasons:
They know local rules and courts. Every area has different ways of handling these cases. A lawyer nearby already understands how things work around here.
They have local contacts. Good lawyers know people like doctors, investigators, and experts nearby who can help with your case.
What Is a Slip and Fall Case?
Basically, property owners need to keep their places safe. If they don’t fix something dangerous or warn visitors, and someone gets hurt, they might have to pay. Examples include:
Floors that are wet and slippery without warning signs
Broken sidewalks or stairs
Poor lighting in parking lots or hallways
Things left in the way that you could trip on
To win, you have to show that the owner knew about the problem but didn’t fix it or warn you, and that’s what caused your injury. This is why having a good slip and fall attorney near me is important — they know exactly what to look for.
What Should I Do Right After a Slip and Fall?
If you can, take these steps after your accident:
See a doctor right away. Even if you feel okay, some injuries show up later.
Tell the property owner or manager. Ask them to write down what happened.
Take pictures or videos. Show the spot where you fell and your injuries.
Get contact info from any witnesses.
Be careful talking to insurance people. Don’t say more than you have to.
Call Montanez Yu as soon as you can. The sooner you get legal help, the better.
How Can a Lawyer Help Prove It Was Their Fault?
Your lawyer will work to prove the property owner was careless by:
Looking at any security camera footage
Checking maintenance records to see if they kept the place safe
Talking to witnesses who saw what happened
Bringing in experts who can explain what went wrong
Sometimes, the property owner might say you were partly at fault. California law says if you were even a little to blame, your payout might be smaller. A good attorney will try to keep that from happening.
What Kind of Money Can I Get?
If you win your case, you might get money for things like:
Medical bills now and in the future
Time you missed at work
Pain and suffering
Other costs you had because of the accident
Some injuries take a long time to heal or might change your life. Your lawyer will make sure these are counted in your claim.
Why Local Matters When Choosing a Lawyer
When you type “slip and fall attorney near me,” you want someone who knows your area well. Local lawyers know:
How local courts work
What insurance companies in your area do
Safety rules that might apply where you live
All this helps your case move faster and gives you a better chance to win.
What Questions Should I Ask Before Hiring a Lawyer?
Before you pick a lawyer, ask:
Will you handle my case yourself?
How do you charge for your services?
What problems do you see with my case?
A good lawyer will be honest and clear with you.
Get Help from Montanez Yu Today
If you’ve been hurt in a slip and fall accident, don’t wait. Evidence can disappear and insurance companies might try to lowball you.
At Montanez Yu, we know how to fight for people injured in slip and fall accidents here in California. Contact us directly
Call or text:
(833) MY-LAW-NOW | (833) 695-2966 | (951) 444-7407
Help@MyInjuryLawyers.com
What to Do After a Fender Bender in California
Involved in a fender bender? Learn what to do after a minor accident in California to protect your health, rights, and claim for fair compensation.
Even a minor fender bender can be stressful, inconvenient, and costly. While these accidents often happen at low speeds and cause less damage than major collisions, they can still lead to injuries, insurance disputes, and unexpected expenses. Knowing what steps to take immediately after a fender bender can protect your rights and help you secure fair compensation.
Step 1: Check for Injuries
Your health is the top priority. Even in a minor fender bender, you or your passengers may have injuries that aren’t immediately obvious, such as whiplash, muscle strains, or mild concussions. If anyone is hurt, call 911 right away.
Step 2: Move to Safety
If your car is drivable, move it to the side of the road or a safe location to avoid further accidents. Turn on your hazard lights so other drivers can see you.
Step 3: Call the Police
In California, it’s a good idea to call law enforcement even for a fender bender. A police report provides an official record of what happened, which can be valuable when filing an insurance claim or pursuing legal action.
Step 4: Exchange Information
Swap details with the other driver, including:
Full name and contact information
Driver’s license number
Insurance company and policy number
Vehicle make, model, and license plate number
Avoid admitting fault - stick to the facts.
Step 5: Document the Scene
Take photos and videos of:
All vehicles involved
License plates
Road conditions and traffic signs
Any visible injuries
The more evidence you have, the stronger your case will be if there’s a dispute about liability.
Step 6: Seek Medical Attention
Some injuries from fender benders can take hours or even days to appear. Visit a doctor as soon as possible so your injuries are documented and treated promptly.
Step 7: Notify Your Insurance Company
Report the accident to your insurance provider quickly, even if you think the damage is minimal. Be honest but cautious with your statements, anything you say could affect your claim.
Step 8: Contact a Personal Injury Attorney
While fender benders may seem minor, they can still result in significant expenses, including medical bills, lost wages, and car repairs. At Montanez Yu, our experienced personal injury attorneys help car accident victims in California navigate the claims process and fight for the compensation they deserve.
We handle the legal side so you can focus on recovery, and we work on a contingency fee basis, which means you don’t pay unless we get you an outcome.
Were You in a Fender Bender? We Can Help.
If you’ve been involved in a fender bender in California and need guidance on protecting your rights, contact Montanez Yu today for a free consultation. Call us at (833) 695-2966 or fill out our contact form to get started.
Personal Injury Lawyer Cost: What You Need to Know
If you’ve been injured in an accident—whether it's a car crash, slip and fall, or any other incident caused by someone else’s negligence—you may be considering legal help. But one of the most common questions we hear at Montanez Yu is, “How much does a personal injury lawyer cost?”
It’s a fair question.
If you’ve been injured in an accident—whether it's a car crash, slip and fall, or any other incident caused by someone else’s negligence—you may be considering legal help. But one of the most common questions we hear at Montanez Yu is, “How much does a personal injury lawyer cost?”
It’s a fair question. You’re already facing unexpected medical bills, missed time from work, and a whole lot of uncertainty. The last thing you need is another expense, right?
Let us clear the air. In this post, we’ll break down exactly how personal injury lawyers get paid, what “contingency fees” actually mean, and what you should watch out for before signing a contract with any law firm.
You Don’t Pay Anything Upfront
This is the part that surprises a lot of people: Most personal injury lawyers—including our team at Montanez Yu—don’t charge anything upfront.
That means:
No hourly billing
No flat-rate fees
No retainers
Instead, we work on a contingency fee basis. In plain terms, that means we only get paid if you get paid.
If your case results in a settlement or court verdict in your favor, our fee comes out of that recovery. If we don’t win your case, you owe us nothing.
What Is a Contingency Fee?
A contingency fee is a percentage of the total amount recovered in your case. It’s called a “contingency” because our payment is contingent on winning—we don’t collect unless we’re successful. We always explain the process, costs and our fees clearly before you sign anything.
Why Contingency Fees Help Injury Victims
The contingency fee structure isn’t just convenient—it’s actually a critical part of ensuring justice is available to everyone. Think about it: after an injury, many people are unable to work and already dealing with bills piling up. Hiring a lawyer should be the last thing adding financial pressure. The contingency model solves that.
It allows anyone, regardless of financial background, to have access to high-quality legal representation without the fear of going into debt.
What Should You Watch Out For?
Not all law firms are the same, and not all fee agreements are created equal. Before signing with any personal injury attorney, be sure to ask the following:
1. What is your contingency fee percentage?
2. Do you charge more if the case goes to trial?
3. Who pays for case expenses—and when?
4. Do you provide a written agreement?
At Montanez Yu, we answer every one of these questions in detail during our free consultations—and we encourage clients to take the time to understand the process.
Final Thoughts: We Would Love To Talk
If you’ve been injured and are worried about whether you can afford a lawyer, know this:
You can.
The consultation is free. There are no upfront costs. And if we don’t win, you owe nothing. It really is that simple.
Trying to handle a personal injury claim on your own might feel like you’re saving money, but it can cost you far more in the long run. Insurance companies love dealing with unrepresented victims because they know they can settle cheap. A personal injury lawyer helps level the playing field and makes sure you’re not being shortchanged.
If you’ve been hurt and want to know your options, give us a call. We’ll review your case, explain the process, and answer all your questions—no strings attached.
What Does a Personal Injury Lawyer Do?
We fight for people who’ve been hurt through no fault of their own. We hold wrongdoers accountable. We challenge powerful insurance companies. We give injured individuals a voice and a path toward recovery.
At the end of the day, being a personal injury lawyer isn’t just about lawsuits or settlements—it’s about justice, compassion, and results.
When someone says they're a “personal injury lawyer,” it may sound straightforward—but the work they do is anything but simple. At Montanez Yu, we meet people during some of the hardest moments of their lives: after a car crash, a slip and fall, a dog bite, or some other traumatic experience that leaves them hurt, scared, and unsure of what to do next. Personal injury law exists to help people get back on their feet—not just physically, but financially and emotionally as well.
But what does a personal injury lawyer actually do on a day-to-day basis? Let’s break it down.
1. We Investigate the Case
First and foremost, we gather the facts. When a new client contacts our firm, we don’t just take their word for what happened—we dig deep. We collect accident reports, speak to witnesses, review medical records, and often bring in experts (like accident reconstruction specialists or doctors) to fully understand how the injury occurred and who’s responsible.
Our job is to build a case that proves negligence—that someone else acted carelessly or irresponsibly, and that action caused harm to our client.
This early investigation stage is crucial. A strong case begins with strong evidence, and it’s our job to find it.
2. We Deal With the Insurance Companies
Insurance adjusters are trained to minimize payouts. They may sound friendly on the phone, but they work for the insurance company—not for you. One of the biggest mistakes injured people make is trying to handle conversations with adjusters themselves.
A personal injury lawyer steps in as your advocate. We handle all communication with insurance companies so that our clients don’t say something that could be used against them later. We push back on lowball offers and present evidence to support the real value of your claim.
This isn’t about playing hardball—it’s about making sure injured people aren’t taken advantage of while they’re at their most vulnerable.
3. We Calculate the True Value of a Claim
Many people think a personal injury claim is only about paying medical bills, but the truth is much broader. A skilled lawyer will consider:
Past and future medical expenses
Lost wages from time missed at work
Loss of future earning capacity
Pain and suffering
Emotional distress
Permanent disability or disfigurement
Loss of enjoyment of life
Every case is different. That’s why we take the time to understand how your injuries have impacted your life beyond the doctor’s office. A fair settlement isn’t just about the bills—it’s about justice.
4. We Negotiate Settlements
Most personal injury cases don’t go to trial—and that’s often a good thing. Trials can be expensive, stressful, and time-consuming. But that doesn’t mean the settlement process is easy.
Negotiation is a skill. It involves strategy, timing, evidence, and a deep understanding of how insurance companies operate. At Montanez Yu, we bring decades of combined experience to the negotiation table. We know what’s fair, and we’re not afraid to fight for it.
If the insurance company refuses to make a reasonable offer, we don’t hesitate to move to the next step.
5. We File Lawsuits and Go to Court When Necessary
Sometimes, the only way to get justice is to file a lawsuit. When that happens, we take the case to civil court and begin the litigation process.
Litigation includes a number of steps:
Filing a complaint
Conducting discovery (gathering evidence from the other side)
Taking depositions (formal interviews under oath)
Pre-trial motions
Jury selection
Trial
It’s not always a fast process, but it’s sometimes the only way to force an insurance company—or the person or business responsible—to take the matter seriously.
We prepare every case as if it’s going to trial, even if it never gets there. That preparation gives us leverage during settlement talks and ensures we’re ready to go the distance if necessary.
6. We Advise and Support Clients Every Step of the Way
This might be the most underrated part of what we do: we’re there for our clients.
Personal injury isn’t just a legal issue—it’s a deeply personal one. People come to us in pain, overwhelmed, and unsure of their rights. It’s our job to provide clear, honest guidance so they can make informed decisions.
So, what does a personal injury lawyer do? We explain legal jargon in plain English. We set realistic expectations. We return phone calls and respond to emails. We’re not just handling a case—we’re helping a person rebuild their life.
That level of care matters. A good lawyer isn’t just a fighter in the courtroom; they’re also a trusted counselor and a calm presence during a chaotic time.
7. We Work on a Contingency Fee Basis
Here’s something many people don’t realize: most personal injury lawyers, including us at Montanez Yu, work on a contingency fee basis. That means we don’t get paid unless we win.
There are no upfront costs. No hourly billing. No retainer fees. We take on the risk so our clients can focus on healing without worrying about how to afford legal help.
If we don’t recover money for you, you owe us nothing.
So… What Does a Personal Injury Lawyer Really Do?
We fight for people who’ve been hurt through no fault of their own. We hold wrongdoers accountable. We challenge powerful insurance companies. We give injured individuals a voice and a path toward recovery.
At the end of the day, being a personal injury lawyer isn’t just about lawsuits or settlements—it’s about justice, compassion, and results.
If you or a loved one has been injured and don’t know where to turn, reach out to Montanez Yu. We’ll listen to your story, walk you through your options, and stand by your side every step of the way.
Schedule a free consultation today
📞 Call: (833) 695-2966
www.montanezyu.com
Let’s talk about how we can help.
Learn more about the different ways we can help you.
What to Do If You’re Injured in a Taxi, Uber or Lyft Accident in California: Your Legal Options Explained
Injured in an Uber or Lyft accident in California? Learn and understand your legal rights, navigate complex insurance claims, and fight for the compensation you deserve after a rideshare-related injury. Whether you were a passenger, driver, or third party, getting experienced legal support is crucial to protect your interests and recover damages.
*Note that rideshare companies are always updating their policies and strategies. This is why it is best to talk with our our team over the phone to see what your best option is as of the date of your accident.
In today’s world, rideshare services like Uber and Lyft have become a convenient part of everyday life. Whether you're using them to get home from the airport, commute to work, or enjoy a night out, they offer an easy and accessible way to travel. But what happens when that ride goes wrong? If you’ve been involved in an accident with a rideshare vehicle—either as a passenger or as the driver or passenger in another vehicle—you might be dealing with injuries, medical bills, time off work, and a lot of unanswered questions.
At Montanez Yu, we understand how overwhelming these situations can be. Accidents involving rideshare companies add an extra layer of complexity compared to a typical car accident. Between multiple insurance policies, corporate liability structures, and confusing fine print, it's easy to feel lost.
This guide will walk you through your rights, explain what steps to take after an accident, and show you how we can help you navigate the process from start to finish.
First Things First: Prioritize Your Safety
Immediately after a rideshare accident, your health and safety should be your top priority. If you're seriously injured, call 911 or ask someone else to do it. Seek medical attention even if your injuries seem minor—some conditions don’t show symptoms right away. Documentation of your injuries from the start can also strengthen your claim later.
If you're able to, gather as much information as possible from the scene:
Names and contact details of all drivers involved
License plate numbers and insurance information
Screenshots of your rideshare trip (if applicable)
Photos or videos of the accident scene, vehicle damage, and injuries
Names and contact details of any witnesses
Then, report the accident to Uber or Lyft through their app, and notify your own insurance company.
If You Were a Passenger in the Rideshare Vehicle
If you were riding as a paying passenger in an Uber or Lyft and were injured in an accident, the good news is that you’re very likely covered. Both companies provide up to $1 million in liability insurance for passengers injured while a ride is in progress.
However, that doesn’t mean getting compensation is simple.
Here’s where things get tricky: Uber and Lyft are not technically transportation companies—they consider their drivers “independent contractors.” That legal distinction can create complications when you’re trying to hold someone accountable. Sometimes, the driver’s personal insurance will point the finger at Uber or Lyft, while the rideshare company may argue that the driver was off the clock or not at fault.
That's where having a personal injury attorney who understands rideshare cases becomes crucial.
At Montanez Yu, we’ll:
Determine exactly when and how the accident occurred in relation to the rideshare trip status
Communicate directly with the rideshare company and their insurance carriers
Collect all relevant evidence, including app data, police reports, and medical records
Build a strong case to pursue full compensation for your injuries
If a Rideshare Driver Hit Your Vehicle
You don’t have to be inside an Uber or Lyft to be affected by one. If your car was struck by a rideshare vehicle—whether you were driving, parked, or walking across the street—you may still be entitled to compensation, but the coverage depends on what the rideshare driver was doing at the time of the crash.
Here’s a breakdown:
Driver was off-duty (app off):
In this case, the driver’s personal auto insurance is responsible, not Uber or Lyft.Driver was waiting for a ride request (app on, but no passenger):
Uber and Lyft offer limited liability coverage during this period:Up to $50,000 per person for bodily injury
Up to $100,000 per accident
Up to $25,000 for property damage
Driver was en route to pick up a passenger or had a passenger in the vehicle:
The full $1 million commercial liability coverage should apply here.
Of course, getting the rideshare company to honor that coverage isn’t automatic. Insurance adjusters may attempt to minimize your claim or delay payouts while they “investigate.” That’s where we step in to advocate for you and make sure your rights are protected.
Why Rideshare Accidents Are More Complicated Than You Think
Rideshare accidents often involve multiple layers of insurance, including:
The rideshare driver’s personal policy
Uber or Lyft’s commercial policy
Potential uninsured/underinsured motorist coverage
Your own auto or health insurance
All of these entities are trying to protect their own bottom line—not your best interest. Without experienced legal help, you may be pressured into settling for less than your injuries are worth or left with mounting medical bills and no way to pay them.
We believe victims deserve better.
At Montanez Yu, we can help you with your rideshare-related injury claims and will take the time to explain all your options. From the first consultation to the final resolution, our job is to make sure you get the compensation you need to recover—physically, financially, and emotionally.
What Compensation Can You Pursue?
Depending on the details of your case, you may be eligible to recover:
Medical expenses (including hospital bills, rehab, and future treatment)
Lost income due to missed work
Reduced earning capacity if your injuries are long-term or permanent
Pain and suffering
Emotional distress
Property damage
Every case is different, and we’ll take the time to understand exactly how the accident has impacted your life—then fight for every dollar you’re owed.
Don’t Wait—Time Is Critical
California law imposes a strict statute of limitations on personal injury claims. In most cases, you have two years from the date of the accident to file a lawsuit. However, it’s always best to act quickly. Evidence can disappear, memories fade, and rideshare data can become harder to obtain the longer you wait.
The sooner you reach out, the sooner we can start building your case and protecting your rights.
How Montanez Yu LLP Can Help
We’re more than just attorneys—we’re your advocates during one of the most stressful times of your life. When you work with us, we’ll take the legal burden off your shoulders so you can focus on healing.
We’ll:
Conduct a thorough investigation of the crash
Determine who’s liable and which insurance policies apply
Handle all negotiations and paperwork
Take your case to trial if necessary
And because we work on a contingency fee basis, you don’t pay anything unless we win your case.
Schedule a Free Consultation Today
If you’ve been injured in a rideshare accident—whether as a passenger or by another driver—don’t try to navigate the system alone. Let our experienced California personal injury lawyers help you understand your rights and fight for the compensation you deserve.
Call Montanez & Yu LLP today or fill out our contact form to schedule a free, no-obligation consultation.
Your recovery starts with the right legal team by your side.
Need a Bicycle Accident Lawyer? Here’s How Montanez Yu Can Help
Injured in a bicycle accident in California? Montanez Yu helps cyclists recover compensation for medical bills, lost wages, and pain and suffering caused by negligent drivers or hazardous road conditions.
Bicycling is a popular and eco-friendly way to get around Southern California. Whether you're commuting, exercising, or just enjoying a sunny day, it’s a great way to stay active and connected to your community. Unfortunately, as any cyclist will tell you, riding a bike comes with risks—especially in areas with heavy traffic and distracted drivers. If you’ve been injured in a bicycle accident, the physical, emotional, and financial toll can be overwhelming.
At Montanez & Yu LLP, we understand what you're going through. Our team has works with clients who were injured in bicycle accidents caused by negligent drivers, poorly maintained roads, or other hazardous conditions. If you're in pain, facing mounting medical bills, or struggling to get answers, we're here to help you fight for the justice and compensation you deserve.
Common Causes of Bicycle Accidents
Bicycle accidents happen for many reasons, but in most cases, they could have been avoided. Some of the most common causes we see include:
Distracted Driving: Texting, eating, or fiddling with a GPS while driving can cause a driver to miss a cyclist entirely.
Failure to Yield: Drivers often fail to yield to cyclists at intersections or when making right or left turns.
Dooring Accidents: A driver opens a car door into a cyclist's path without checking their mirror.
Unsafe Lane Changes: Drivers may swerve into bike lanes or attempt to pass too closely.
Poor Road Conditions: Potholes, debris, and lack of signage or bike lanes can contribute to serious crashes.
Regardless of how it happened, if someone else’s negligence caused your bicycle accident, you shouldn’t be left to deal with the aftermath alone.
Immediate Steps to Take After a Bicycle Accident
We know it’s difficult to think clearly in the moment, especially if you're injured or in shock. But if you're physically able, here are some steps you should take right after the accident:
Call 911 – Report the accident and request medical assistance. Even if you feel fine, some injuries (like concussions or internal bleeding) might not be obvious right away.
Document the Scene – Take photos of the accident scene, your bicycle, any injuries, the other vehicle(s), and any road hazards.
Exchange Information – Get the driver's name, contact info, license plate, and insurance details. Also try to collect contact info from any witnesses.
Get Medical Attention – Always see a doctor. Medical documentation is important for both your recovery and any legal claim you may file.
Avoid Talking to Insurance Companies – Before you give a statement or accept a settlement offer, it’s best to talk to a personal injury attorney.
Why You Need a Lawyer After a Bicycle Accident
Insurance companies are not on your side. Their job is to protect their bottom line, which often means minimizing or denying your claim. Even when liability seems obvious, they might try to blame you for the accident, downplay your injuries, or offer a quick payout that doesn't begin to cover your real costs.
That’s where Montanez & Yu LLP comes in. We can help you:
Investigate the Accident: Our legal team will gather evidence, speak to witnesses, review police reports, and consult experts if needed.
Prove Liability: We'll work to demonstrate how the driver, municipality, or another party was at fault.
Value Your Claim: Many people underestimate what their case is worth. We factor in medical bills, lost income, long-term care, pain and suffering, and more.
Negotiate with Insurance Companies: We handle all communication so you don’t have to worry about saying the wrong thing.
Take Your Case to Court If Needed: If the insurance company won’t offer a fair settlement, we’re fully prepared to take your case to trial.
Types of Injuries We See in Bicycle Accidents
Even at relatively low speeds, a bicycle accident can lead to devastating injuries. Cyclists don’t have the same protection as people in cars, and they’re often thrown from their bikes upon impact. Some of the more common injuries we see include:
Traumatic brain injuries (even with a helmet)
Spinal cord injuries and paralysis
Broken bones and fractures
Road rash and lacerations
Internal bleeding and organ damage
Soft tissue injuries (sprains, strains, etc.)
Many of our clients need extensive medical treatment, including surgeries, physical therapy, and long-term rehabilitation. Some may be left permanently disabled or unable to return to work. These aren't just temporary inconveniences—they’re life-changing events that deserve serious legal attention.
How Long Do You Have to File a Claim?
In California, the statute of limitations for personal injury claims is generally two years from the date of the accident. If you’re filing a claim against a government entity (for example, if a city failed to maintain a bike lane or road hazard), the timeline can be even shorter—sometimes as little as six months.
That’s why it’s so important to speak with a lawyer as soon as possible. The sooner we can begin investigating your case, the better your chances of a strong outcome.
What Compensation Can You Receive?
If you were injured in a bicycle accident, you may be entitled to compensation for:
Medical bills (past, current, and future)
Lost wages and lost earning capacity
Pain and suffering
Emotional distress
Property damage (such as your bicycle)
Out-of-pocket expenses (transportation, caregiving, etc.)
Every case is different, but our goal is always the same: to maximize your recovery and help you move forward with your life.
We’re Here When You’re Ready
At Montanez & Yu LLP, we pride ourselves on being compassionate, aggressive advocates for accident victims. We understand that this may be your first time dealing with something like this—and it’s our job to make the process as smooth, transparent, and effective as possible.
You don't need to navigate this alone. We offer free, no-obligation consultations so you can ask questions, learn about your rights, and understand your legal options. We also work on a contingency fee basis, which means you don’t pay anything unless we win your case.
Contact Us Today
If you or a loved one has been hurt in a bicycle accident in California, let us help. We’ll fight to protect your rights, hold the responsible party accountable, and get you the compensation you need to heal and rebuild.
Contact Montanez Yu today to schedule your free consultation.
E-Bike Accident Lawyer Explains What to Do After a Crash
If you’ve been hit while riding your e-bike in California, it’s crucial to take immediate steps to protect your health, gather evidence, and understand your legal rights. This guide outlines what to do after an e-bike accident, including seeking medical care, documenting the scene, and contacting a personal injury attorney.
E-bikes are quickly becoming one of California’s most popular forms of transportation. They’re convenient, environmentally friendly, and perfect for commuting or casual rides around town. But as more people turn to electric bicycles, the number of accidents involving them is also on the rise — especially in busy cities like Los Angeles, Anaheim, and Riverside where vehicle traffic can be aggressive and unpredictable.
If you’ve been hit by a car while riding your e-bike, the aftermath can feel chaotic. You might be hurt, confused, or unsure of what steps to take. The decisions you make right after the crash — and in the days that follow — can impact your health, your recovery, and your ability to receive compensation for your injuries.
This guide walks you through the key actions you should take after an e-bike accident to protect yourself both physically and legally.
1. Move to Safety and Call 911
The first thing to do is make sure you’re safe. If you’re in the middle of the road or a dangerous spot, move to the sidewalk or shoulder if you can do so without worsening your injuries. Take a deep breath. Try to stay calm.
Even if you feel like you’re okay or think your injuries aren’t serious, call 911 right away. The police need to come to the scene and file an official report. That report will become an important piece of evidence later if you pursue a personal injury claim.
Paramedics can also evaluate you on the spot. Sometimes, injuries like concussions, internal bleeding, or soft tissue damage don’t become obvious until hours later. Don’t downplay how you feel — let the medical professionals do a full check.
2. Exchange Information with the Driver
If the driver stops — as they are legally required to do — exchange information. This includes:
Full name and contact number
Driver’s license number
Insurance company name and policy number
License plate number
Vehicle make, model, and color
Be respectful, but don’t apologize or admit fault. Even saying something like “I didn’t see you” could be twisted later as an admission of responsibility. Keep it simple and factual.
If the driver flees the scene, try to remember anything you can about the vehicle — the color, make, direction they drove, or a partial plate number. Report this to the police as soon as possible.
3. Take Photos and Videos
Photos and videos from the accident scene can make a major difference in how your case plays out. If you’re physically able to do so, use your phone to document everything:
Your injuries (even if they seem minor)
The damage to your e-bike
The vehicle that hit you
The location — traffic signs, crosswalks, lights, street names
Any skid marks, broken glass, or debris
If there are witnesses around, politely ask if they saw what happened and if they’re willing to share their name and contact information. Their statements could help support your version of events.
4. Seek Medical Attention Immediately
Don’t wait to “see how you feel” in the coming days. Delaying medical treatment could not only make injuries worse, but it could also make your case harder to prove. Insurance companies will often argue that a delay in treatment means the injuries weren’t serious — or that they weren’t caused by the accident at all.
Go to an urgent care center, your primary doctor, or an emergency room. Make sure to explain that you were involved in a collision while riding your e-bike, and describe all your symptoms, even if they seem minor at the time. Keep copies of all medical reports, prescriptions, and receipts.
5. Preserve The Evidence From Your eBike Accident
After an e-bike crash, your bike itself becomes evidence. Don’t rush to repair it or throw away broken parts. Store your e-bike, helmet, and even the clothing you were wearing in a safe place. These items can help show the severity of the collision.
You should also start a written or digital journal to document your recovery. Note how you’re feeling each day, any pain or discomfort, changes in your ability to work, and how the injuries are impacting your day-to-day life. This can all help paint a full picture of your physical and emotional recovery.
6. Be Careful When Speaking to Insurance Adjusters
Once the accident is reported, you’ll likely be contacted by the driver’s insurance company — sometimes within hours. They might seem friendly or concerned, but remember: their goal is to settle the case as quickly and cheaply as possible. They may ask for a recorded statement or offer a quick settlement that seems tempting.
Do not speak to the insurance company before speaking with a lawyer. You are not legally required to give a recorded statement without legal representation. Saying the wrong thing, even unintentionally, could seriously hurt your chances of fair compensation.
7. Contact a Personal Injury Lawyer Experienced in E-Bike Accidents
E-bike accidents fall into a unique category of personal injury law. They're not exactly the same as car accidents, pedestrian injuries, or bicycle crashes - they sit somewhere in between. That’s why it’s important to work with an attorney who understands how California law treats e-bikes, and who knows how to deal with the insurance companies, city traffic laws, and medical billing complications that can arise.
At Montanez Yu , we help victims of e-bike accidents navigate the legal system and recover compensation for:
Medical bills (including future treatments and rehab)
Lost income or missed work
Pain and suffering
Property damage (like your e-bike)
The sooner you speak with an attorney, the better your chances of building a strong case. An early consultation can help ensure that evidence is preserved, deadlines are met, and you don’t miss out on the compensation you’re entitled to.
Final Thoughts
Getting hit while riding your e-bike can turn your life upside down in an instant. Whether you’ve suffered broken bones, head trauma, or just the emotional stress of the incident, you deserve to be treated with care and respect — and you deserve to be compensated if someone else’s negligence caused your injuries.
By acting quickly, documenting everything, getting proper medical care, and speaking to a qualified attorney, you can take control of your situation and start moving toward recovery.
If you’ve been injured while riding an e-bike in California, we’re here to help. Contact us today.
Burn Injury Lawyer’s Tips to Get Justice
Suffered a burn injury due to someone else’s negligence? Learn how a burn injury lawyer can help you get the compensation you deserve for medical bills, lost wages, and pain and suffering. Montanez Yu offers expert legal guidance and a free consultation.
Burn injuries can be very serious. They may lead to severe pain, long-term permanent injuries, and life-altering circumstances. Regardless of what caused the injury - fire, chemicals, radiation, electricity, or friction - burn victims often have to undergo multiple medical treatments, spend significant time away from work, and take several months or years to physically and mentally recover.
If you or a loved one received a burn injury directly or indirectly due to someone else’s actions, hiring a burn injury lawyer is often the right choice.
Below, we’ll help you learn more about hiring a burn injury attorney, how their services can be essential, and the types of compensation you or your loved one may be entitled to.
Types of Burn Injuries
Burn injuries are categorized based on their level of severity:
First-Degree Burns: Only impact the outer layer of skin and don’t usually cause permanent damage
Second-Degree Burns: Reach the second layer of skin, often leading to pain, blistering, and scarring
Third-Degree Burns: Damage all the skin layers, causing the skin to look dry and leathery, and often impact the nerve endings. May require skin grafts or other treatment
Fourth-Degree Burns: The most severe type of burn. It usually affects the muscle, tendons, and/or bones and can be potentially life-threatening
Common Causes of Burn Injuries
Burn injuries can be the result of many situations:
House fires
Use of a defective product
Workplace accidents (e.g., industrial jobs)
Exposure to chemicals
Direct contact with a hot surface
Medical malpractice
Electrical burns
Scalding water
Car accidents (e.g., road rash, thermal contact, car fire)
Why Hire a Burn Injury Attorney?
There’s more than what meets the eye when navigating the legal aspects of a burn injury. There are many complex steps involved that only an adept personal injury attorney will be able to address adequately.
Determining Fault
When deciding who’s at fault - or if both parties were at partial fault - there must be enough proof.
An attorney will need to gather all evidence, interview witnesses if applicable, and work closely with professionals in the medical or fire industries to not only determine but also prove fault.
Calculating the Value of Your Damages
Because burn injuries often require long-term or permanent medical attention, it isn’t always easy to assess the total damages. Not to mention, there’s usually more than medical expenses involved in burn injuries, like loss of income from not being able to work and emotional suffering.
A burn injury attorney will ensure your payout is maximized as much as possible based on all the damages that occurred.
Negotiating Settlements with Insurance
Regardless of how much physical pain or mental suffering you are in, insurance companies often act as your opponent. Their goal isn’t to ensure you get maximum compensation and get reimbursed quickly. They’ll often give you low-ball offers or even try to drag out the time in which you receive payment.
Avoid these deceptive games with insurance companies by having an attorney handle the negotiation. Knowing all too well how insurance companies play, an attorney will make sure you get what you truly deserve.
Taking Your Case to Court
When the insurance company is failing to play fair, your burn injury attorney will take the case to litigation. While this isn’t always the ideal option, it’s sometimes the necessary option.
Your attorney will represent you in court - adequately arguing your side; presenting evidence of your injuries; and proving how the other party was acting negligently, intentionally, and/or how they should be responsible for the damages you received.
Common Challenges in Burn Injury Cases
Here are some of the legal complications a burn injury case may have:
Multiple liable parties involved
Determining who was ultimately at fault
Accessing the value of the total damages
Proving the long-term effects of your injuries, especially if the injuries occurred recently
Negotiating with insurance companies
Due to the many challenges that may be involved in a burn injury case, it’s strongly recommended to get a personal injury attorney on board.
Types of Compensation for Burn Injuries
Burn injury compensation can cover much more than just your initial medical expenses. It can also cover:
Ongoing medical treatment
Surgeries or skin grafts
Physical therapy
Lost wages
Property damage (e.g., car fire)
Long-term financial impact
Pain and suffering
Emotional distress
Loss of enjoyment of life
Mental health counseling or therapy
Punitive damages may also be awarded to burn injury victims in some cases. These are typically given when the guilty party was acting intentionally or negligently.
When Should You Hire a Burn Injury Attorney?
You should never wait to hire a burn injury lawyer. Sooner rather than later is always recommended in any case.
Here’s why you should quickly hire legal representation after experiencing a burn injury:
Evidence Preservation: The more time that goes on, the more of an opportunity there is for evidence to get lost or lose its quality. Yet, without solid evidence, your odds of winning a case become slimmer. An attorney can ensure that evidence is properly preserved and interview witnesses right away while memory is still at its prime.
Statute of Limitations: Unfortunately, you only have a limited time to file most cases. For burn injuries in California, you typically have two years from the date of the incident to file a lawsuit. Waiting any longer can result in your case being tossed, meaning you won’t have the chance to get compensated.
Avoid Low Settlements: Taking matters into your own hands can result in you getting less than what you deserve. For instance, if you attempt to resolve the situation directly with an insurance company, you may end up getting a much lower settlement offer than you would have if you had a skilled attorney by your side.
How Montanez Yu Can Help You With Your Burn Injury Case
Burn injuries can lead to more than just physical pain and aesthetic changes to the skin. They can also impact the victim’s financial situation, negatively impact their mental health and confidence, and require them to make significant lifestyle modifications.
Montanez Yu is dedicated to helping burn injury victims obtain the compensation they deserve. We understand how transformational a burn injury can be for someone’s life. We want to help make this situation easier for our clients by helping them navigate the legal and financial aspects of their situation.
Here’s why you should work with us:
We will evaluate your case for free - no pressure if you don’t decide to work with us.
You only pay if we help you win your case.
Our attorneys will work with you directly rather than handing you off to a junior associate.
We have a strong track record of helping clients recover compensation.
Were you or a loved one a victim of a burn injury? Contact Montanez Yu today to get a free consultation.
Is It Worth Getting an Attorney For a Car Accident?
Wondering if you need a lawyer after a car accident? Learn when hiring a car accident attorney is worth it, how legal representation can increase your settlement, and why insurance companies may not have your best interests in mind. Get the facts before you settle.
Is It Worth Getting an Attorney for a Car Accident?
After a car accident, many people are left wondering whether they need to hire a lawyer. Insurance companies may reach out quickly with a settlement offer, and it might seem simpler (and cheaper) to handle things on your own. But is it really in your best interest to go without legal representation?
In this article, we explore the key reasons why hiring a car accident attorney can be a smart move, when you might not need one, and how a lawyer can impact the outcome of your claim.
When You Should Consider Hiring an Attorney
There are several situations where hiring a car accident lawyer is strongly recommended:
1. You Suffered ANY Injury
If you experienced an injury whether minor or severe, you should contact an attorney as they can help you recover full compensation. You should be made whole for even small accidents and injuries, but serious injuries often lead to higher medical bills and lost income. Insurance companies are more likely to push back on these higher-value claims.
2. Fault Is Unclear or Disputed
If there's any question about who caused the accident, or if multiple vehicles were involved, legal help is essential. A car accident attorney can investigate the crash, gather evidence, and work with accident reconstruction experts to prove liability.
3. The Insurance Company Is Offering a Low Settlement
Insurance companies are businesses focused on minimizing payouts. If you receive an offer that doesn’t cover your medical expenses, property damage, and pain and suffering, an attorney can negotiate for a fairer amount.
4. The Accident Resulted in a Fatality
If a loved one died in a car accident, your family may be entitled to wrongful death compensation. These cases are highly complex and emotionally charged, requiring the skill of an experienced attorney.
What an Attorney Can Do for You
A car accident lawyer does much more than just file paperwork. Here are some of the key ways an attorney can help:
Investigate the Accident: They gather police reports, interview witnesses, obtain surveillance footage, and consult with experts.
Document Your Damages: This includes medical bills, lost wages, pain and suffering, and future expenses.
Communicate with Insurance Companies: Attorneys handle all negotiations so you don’t say anything that might hurt your case.
Build a Strong Legal Case: They know the laws and procedures to file a lawsuit and, if necessary, argue your case in court.
Maximize Your Settlement or Award: Studies show accident victims with legal representation tend to recover more compensation than those who go it alone.
When You Might Not Need an Attorney
There are a few situations where hiring a lawyer might not be necessary:
No Injuries or Minor Injuries: If the accident was a fender bender with no injuries or very minor treatment (like a single urgent care visit), you may be able to resolve the claim directly with your insurance.
Clear Fault and Quick, Fair Settlement: If the at-fault party admits fault, and the insurance company offers a reasonable settlement that covers all your costs, legal help may not be needed.
Still, it’s wise to at least consult with a lawyer—many offer free case evaluations and can advise you whether hiring them makes sense.
Common Myths About Hiring a Car Accident Lawyer
"I Can’t Afford a Lawyer"
Most car accident attorneys work on a contingency fee basis, meaning they only get paid if you win your case. There are no upfront costs, and their fee comes out of your settlement or verdict.
"My Insurance Will Take Care of Everything"
Even your own insurance company may try to settle for less. Their goal is to minimize payouts, not to ensure you receive everything you're entitled to.
"Hiring a Lawyer Means I Have to Go to Court"
Most car accident cases settle out of court. A skilled attorney can often negotiate a favorable settlement without filing a lawsuit. But if trial becomes necessary, they will be ready to fight for you.
What to Look for in a Car Accident Attorney
If you decide to hire a lawyer, make sure you choose someone with:
Experience handling car accident claims
A strong track record of successful settlements or verdicts
Clear communication and responsiveness
Transparent fees and a written agreement
Final Thoughts
If you're asking, "Is it worth getting an attorney for a car accident?" the answer often depends on the specifics of your case. In general, the more serious the accident and injuries, the more value a lawyer can bring.
At the very least, it’s worth having a free consultation with an experienced attorney to understand your rights and options. Don’t leave money on the table or risk being taken advantage of by the insurance companies.
If you’ve been in a car accident and aren’t sure what to do next, contact us today for a free case review. We’ll help you understand your options and fight to get you the compensation you deserve.
Back Injury Lawyer: Why You Need One After a Serious Accident
Learn about common back injuries from accidents, their long-term impact, and how a back injury lawyer can help you secure compensation. Get the legal guidance you need today.
Back injuries are one of the most common injuries that occur from an accident. They’re also one of the most painful, dangerous, and life-altering injuries, next to traumatic brain injuries. What is more, a back injury can be the result of just about any accident, even minor ones, from a slip and fall at work to a vehicle collision.
Considering that a back injury can lead to long-standing pain, hefty medical bills, difficulty getting around, and even impact your ability to work, it’s critical that you fight for the compensation you deserve. For these reasons, your next step should be finding a back injury lawyer to help guide you.
Types of Back Injuries
There is a wide range of different back injuries involving different symptoms and levels of severity. Back injuries can be temporary, long-term, or even lifelong.
Some of the most common types of back injuries from accidents include:
Herniated Discs
This is when one of your spinal discs, which act as a cushion between your vertebrae, gets partially or completely pushed out of place.
A herniated or bulging disc can lead to shooting pain, radiating numbness or tingling, and muscle spasms.
Spinal Cord Injuries
Car accidents are one of the most common causes of spinal cord injuries in the United States (which is why it can be helpful to have a working dash cam). They can either be classified as complete or incomplete, which refers to the severity of the spinal cord injury.
Spinal cord injuries can lead to symptoms such as loss of mobility, weakness in certain parts of the body, and the inability to register temperatures or feel pain in some areas. Some may become completely paralyzed as a result.
Fractured Vertebrae
A fractured vertebrae, also known as a spinal fracture, is when one or more vertebrae - the individual segments that make up the spinal cord - breaks.
Frequent back pain, numbness of the limbs, and difficulty walking are common symptoms of this type of back injury.
Sprains and Strains
Also known as soft tissue injuries, sprains and strains affect the ligaments and muscles/tendons, respectively.
During an accident, these soft tissues may become stretched and torn, resulting in pain, inflammation, bruising, and limited mobility in the area.
Common Causes of Back Injuries in Personal Injury Cases
Back injuries can result from any type of accident, not just car accidents. Here are some other causes of back injuries that are commonly seen in personal injury cases:
Motorcycle accidents
Sports-related injuries
Workplace accidents
Use of a defective product
Why Hire a Back Injury Attorney?
Even if the evidence is clear as day, and it’s obvious you weren’t at fault, fighting for compensation for a back injury on your own can be difficult. With many complicated aspects to consider, the potential for a dispute from the opposing party, on top of the insurance company denying or dragging on the claim, it’s imperative to have a personal injury attorney by your side to help.
What is more, recovering from an injury, let alone an accident, can be exhausting, physically discomforting, and emotionally traumatic, which can make it difficult to get through court without a legal representative.
When you hire a personal injury lawyer, you can rest assured that they will help:
Ensure you know your rights
Decide who’s at fault based on the circumstances of your accident
Fill out and file all necessary legal documents on your behalf
Document your injuries and gather evidence
Determine how much compensation you may be owed
Communicate and negotiate with the insurance company
Take your case to trial if a settlement can’t be reached beforehand
Represent you in court and make solid arguments to defend you
Types of Compensation for a Back Injury
Did you know that you may not only be entitled to compensation for medical expenses related to your back injury, but also other types of compensation as well?
Potential compensation for back injuries includes pain and suffering, emotional distress, lost wages from not being able to work temporarily or permanently, loss of enjoyment of life, as well as physical therapy or rehabilitation.
The Long-Term Aftermath of a Back Injury
Obtaining a back injury isn’t just a short-term inconvenience; it can be a long-term or even permanent alteration.
After a back injury, one may suffer from chronic and debilitating pain, the need for several lifestyle adjustments, trouble getting around on their own, and the inability to work. They may have to attend frequent physical therapy appointments, have to hire a part-time or full-time caregiver, or may have to have multiple surgeries. Some may never be able to walk again or return to their original career or recreational activities.
With the long-term impact of back injuries, it’s critical to have a legal representative by your side to help you recover the costs of your injury, whether it be past, current, or future expenses.
How to Prove a Back Injury in Court
A back injury following an accident can be proven in court with:
Medical records
Treatment journal
MRI or CT scans
X-rays
Police report of the accident
Witness statements
Orthopedic or spinal specialist statements
Documentation regarding your employment or income
Time Limit to File a Personal Injury Case
Every state has its own time limit or statute of limitations for filing a personal injury case. In California, people typically have up to two years from the date an injury occurs to file a lawsuit.
Once the statute of limitations is up, the victim may no longer be eligible to seek compensation in court. This is why it’s imperative to act as soon as possible.
Conclusion
Suffering from a back injury can be a major life-changer, affecting your mobility, leading to significant pain, and more. A back injury can also hit your wallet hard with costs for diagnosis, physical therapy appointments, pain medication, and potential surgery. Fortunately, a personal injury attorney can help you fight for the compensation that’s rightfully yours.
Have you or a family member recently been involved in an accident that resulted in a back injury? It’s time to consider taking legal action. Contact our law firm today to get a free consultation.
How Long Does an Injury Lawsuit Take?
The truth is, there’s no set-in-stone timeline. Because every case is different, the length of time it may take to get through a personal injury lawsuit will depend on various circumstances, like how serious the injuries were and whether fault can be easily determined. The good news is that we can help you through the process from start to finish.
Whether you were injured in a car accident or your loved one was a victim of medical malpractice, you may be wondering how long a personal injury lawsuit will take. The truth is, there’s no set-in-stone timeline. Because every case is different, the length of time it may take to get through a personal injury lawsuit will depend on various circumstances, like how serious the injuries were and whether fault can be easily determined.
Below, we’ll help you get a better idea of what’s involved in a personal injury lawsuit, the average timeline for completion, and how these cases can be expedited - and what might prolong them.
Understanding What Goes into a Personal Injury Lawsuit
To understand how long an injury lawsuit might take, it matters to consider what goes on from start to finish.
Medical Treatment and Recovery
Before starting settlement negotiations, you must meet Maximum Medical Improvement (MMI). This refers to the stability of the injured person’s condition and assumes that even with continued medical treatment, their condition isn’t going to improve much more than it already has. Meeting MMI may take weeks, months, or even years, depending on the severity of your injuries and the treatments involved.
Reaching this recovery point enables your attorney to get a better idea of the compensatory damages. Then, from here, the case can move forward.
Consultation and Investigation
During an initial consultation, a personal injury attorney will learn more about your case. This is also the time to ask about your legal rights, their track record as a legal professional, and any specific questions you might have about the process or your case in particular.
As the case proceeds, your attorney will perform a thorough investigation. They’ll interview you about the incident, talk to any witnesses that were present, review medical records and police reports, and look over any other forms of evidence. The investigation process can take a few months to complete.
Demand Package and Settlement Negotiations
Once you’ve reached Maximum Medical Improvement and there’s clear evidence associated with your case, your attorney may send a demand letter to the insurance company. This letter will provide an overview of your case, your injuries, and the settlement you’re asking for.
After the demand package is sent, settlement negotiations will take place. You can expect a settlement to be reached within a few months. However, it’s possible that the insurance company may deny the claim or counteroffer the settlement amount. They may not even respond at all.
Filing the Formal Complaint
When the insurance company fails to cooperate, your attorney will officially file the complaint in civil court, which usually begins litigation.
The defendant will typically have 30 days to respond. If they fail to respond, the plaintiff may automatically win the case without the participation of the defendant.
Discovery Phase
If the defendant responds, the discovery phase comes next. During this phase, evidence and other details will be distributed from both parties, so the court can fully understand each perspective. The goal is still to reach a settlement before trial.
Expect the discovery phase to last six months to over a year. It all comes down to the nature of the case and how busy the court is.
Mediation and Pre-Trial Motions
Mediation before trial is usually recommended or even required. A neutral third party will attempt to help the parties settle without going through a lengthy court process.
If mediation is unsuccessful, the parties involved may advance to pre-trial motions, which will occur a few months before the trial date.
Trial
If the dispute can’t be resolved through mediation or if the case is particularly complex, it will go to trial. While taking a case to trial may take weeks or months, not to mention waiting months just to get the case on the court’s calendar, this is often a necessary resolution.
What Influences the Duration of a Personal Injury Case?
There are many factors that might affect how long a personal injury case takes, including:
The Extent of the Injuries: The more serious the injuries are and the more injuries that have been acquired, the longer the case may take.
Fault Determination: In some cases, it’s clear who’s at fault. Other times, it can be complicated, or both parties may be at partial fault. When determining fault is complicated or if there’s a dispute regarding fault, the lawsuit may take longer.
Insurance Company Delays: Insurance companies are known for using delay tactics with the hope of getting you to accept a lower settlement. Insurance companies may also delay payment if they dispute the claim or are actively engaging in an extensive investigation.
How Busy the Court is: If the court is busy, hearings and trials may be delayed. Courts are typically busiest during and after the holiday season.
Overall Complexity of the Case: A case is considered complex if it has multiple parties involved, a large volume of evidence, several witnesses, or if there are complex legal issues involved. The more difficult a case, the longer it will take.
Average Case Timelines
While there is no definite answer to how long your case may take without speaking to an attorney, we can give you an average timeline.
Simple Cases Resolved Outside of Court: 3 to 9 months
Moderate Cases with Negotiations: 6 to 18 months
Ligated Cases Going to Trial: 1 to 3 years or longer
How to Speed Up Your Case
Accelerating your case too much can lead to detrimental effects like incomplete investigations, insufficient gathering of evidence, lower settlements, and increased risks of losing. However, there are some things you can do to avoid delays with your case:
Get medical treatment immediately and follow all your doctor’s orders to meet MMI as soon as possible.
Gather evidence and get all documentation ready quickly.
Hire the right personal injury attorney to help.
Be quick to respond to your attorney’s requests.
Rather than going through a lengthy trial, consider mediation or arbitration as alternatives.
Final Thoughts
We all want a quick resolution. That holds true with personal injury lawsuits. However, rushing the process could lead to a lower settlement than you deserve. For that reason, patience and perseverance are key. Working with a qualified personal injury attorney, you can rest assured that your case will be well-managed. With their expertise, they can help lead to a quicker resolution without sacrificing quality.
If you’d like to get a clearer idea of how long your personal injury case may take and want to ensure the smoothest, quickest settlement possible, contact our personal injury law firm today.
Injured in a Semi-Truck Crash or With Another Commercial Vehicle? Why You Need a Lawyer—and What to Do Next
Accidents involving large commercial vehicles—like semi-trucks, delivery vans, and rideshare vehicles—can be devastating. If you’ve been hit by a commercial vehicle such as an Amazon van or an 18-wheeler, you're not just dealing with a simple fender bender. You're up against large corporations, aggressive insurance companies, and complex liability issues.
At Montanez Yu Law, we understand how overwhelming this situation can be. Here's why you need our help and the exact steps to take after a crash to protect your health, your rights, and your financial future.
Accidents involving large commercial vehicles—like semi-trucks, delivery vans, and rideshare vehicles—can be devastating. If you’ve been hit by a commercial vehicle such as an Amazon van or an 18-wheeler, you're not just dealing with a simple fender bender. You're up against large corporations, aggressive insurance companies, and complex liability issues.
At Montanez Yu Law, we understand how overwhelming this situation can be. Here's why you need our help and the exact steps to take after a crash to protect your health, your rights, and your financial future.
Why You Need a Commercial Vehicle Accident Lawyer
1. You’re Facing a Corporate Legal Team
When you’re hit by a commercial vehicle, you’re not just dealing with the driver—you’re dealing with their employer, the company’s insurance carrier, and their legal team. These companies are focused on protecting their bottom line, not doing what’s right for you. Their goal? Settle fast and pay you as little as possible. Our goal? Maximize your compensation and protect your rights every step of the way.
2. Liability Isn’t Always Straightforward
In commercial vehicle accidents, multiple parties may be held responsible:
The driver (negligence, distraction, DUI)
The employer (negligent hiring, poor training, overworking drivers)
Maintenance crews or parts manufacturers (faulty brakes, tires, etc.)
We conduct thorough investigations to determine who is at fault and ensure all liable parties are held accountable.
3. Evidence Can Disappear Quickly
Time is critical. Commercial vehicles are often equipped with GPS logs, black box data, and maintenance records. These can prove driver fatigue, speeding, or mechanical failure—but they’re not kept forever. When you hire Montanez Yu, we immediately send preservation letters to prevent key evidence from being deleted or destroyed.
6 Steps to Take Immediately After a Commercial Vehicle Crash
1. Call 911
Make sure everyone is safe and that emergency services are on the way. A police report will also serve as a vital document when building your case.
2. Seek Medical Attention Immediately
Even if your injuries seem minor, don’t skip the doctor. Some injuries, like concussions or spinal trauma, don’t show symptoms right away. A medical report also documents your injuries for your case.
3. Document the Scene
If you’re physically able, take photos of the vehicles, road conditions, injuries, and any company logos or signage on the commercial vehicle. Capture anything that could be relevant later.
4. Collect Contact Information
Get the names, phone numbers, and insurance information for all involved parties—including witnesses. If the vehicle is a commercial truck or van, make note of the company name and license plate.
5. Do NOT Talk to the Other Party’s Insurance Adjuster Alone
They may contact you quickly with a “fast cash” offer. This is often a lowball settlement that won’t cover your medical bills or lost income. Politely decline and refer them to your attorney.
6. Contact Montanez Yu Personal Injury Law Firm Right Away
The sooner we get involved, the better we can protect your rights. We’ll deal with the insurance companies, investigate the crash, and fight for the compensation you deserve—so you can focus on healing.
You Deserve a Legal Team That Fights Back
At Montanez Yu, we’ve helped countless individuals recover financially and emotionally after serious accidents. We understand the physical, emotional, and financial toll a crash like this can take—and we’re here to help you through it.
We offer free consultations, and you don’t pay us unless we win your case.
Call us today at [insert phone number]
Or schedule online.
Who’s at Fault in a Car Accident in California? Understanding the Rules
Determining who was at fault for the accident can ensure the right party gets the compensation they deserve for any injuries or personal damages. This can be a complicated process though. California has a pure comparative negligence system that can deem more than one driver at fault. Thus, responsibility for compensation gets shared among them.
We’ll help you make better sense of determining fault in a car accident. We’ll also give you a better look at California’s fault system to get a better idea of how it works.
Determining who was at fault for the accident can ensure the right party gets the compensation they deserve for any injuries or personal damages. This can be a complicated process though. California has a pure comparative negligence system that can deem more than one driver at fault. Thus, responsibility for compensation gets shared among them.
We’ll help you make better sense of determining fault in a car accident. We’ll also give you a better look at California’s fault system to get a better idea of how it works.
What is California’s Pure Comparative Negligence Law?
Pure comparative negligence in California seems complicated, but it actually makes sense. Each driver involved in the car accident gets assigned a percentage of fault. Even those who were partially at fault may still be eligible for compensation following the collision. The catch is, however, their compensation will be reduced depending on how much at fault they were for the accident.
Here’s an example:
If you had $5,000 in damages from the accident, but you were 50% at fault, you would be eligible to recover $2,500.
How Fault is Determined
Fault isn’t solely determined by the involved drivers. Instead, law enforcement officers, insurance companies, and even the court can help determine this. Witnesses can also play a role in the fault determination process, but it is up to the latter experts to make the final decision.
Fault in a car accident is based on:
Photo and video evidence of the scene
If any traffic laws were violated among one or more involved drivers, like running a stop sign, speeding, or a DUI
Information found in the police report
How the statements line up between drivers and witnesses
Fault in Common Scenarios
While every accident is individually assessed, here are a few car accident situations and how fault is often assigned:
Parking Lot Accidents: Fault is often shared between involved drivers in parking lot collisions. However, in the case of a driver backing up, usually they’re the ones at fault. After all, they’re supposed to back up carefully and yield to oncoming traffic.
Rear-End Collisions: The rear driver is typically at fault. This often signifies that they failed to keep a safe following distance. However, if there’s evidence, like dashcam footage, proving that the first car was brake-checking, they could instead be fully or partially at fault.
Right Turn Accidents: The driver making the turn is usually at fault. They’re supposed to yield to oncoming traffic. However, if the driver turning’s light is green and/or the person who hit them had a red light, the turning driver may have no or partial fault.
Left Turn Collisions: In most cases, the driver turning left will be at fault. Unless they have a green turn arrow, they don’t have the right-of-way. So, they must yield to traffic before entering the intersection. However, fault will instead be placed on the other driver if they were speeding, ran a red light, or generally acted negligently.
Why Fault Matters
While your safety comes first, determining fault is a critical aspect when involved in a car accident.
When fault is established, it can rule who will be obligated to pay for your damages and/or medical bills. Fault can also help decide how much compensation you’re due - if you’re owed any at all. Insurance premium increases are also affected by who’s at fault for an accident.
Protecting Yourself When Fault is Complicated
Figuring out who’s at fault is not always clear. With so many factors to consider, like traffic signals, traffic laws, weather conditions, poor road design, and the circumstances surrounding the drivers, it’s hard to know who ultimately caused the collision.
In complicated cases, or situations where things happened so quickly, it’s important to gather what you can. Take photos and videos of the scene as evidence. Request a copy of the police report and verify its accuracy. Also, write down the contact information from any witnesses.
To keep from making a messy situation even worse, avoid blaming yourself or the other party. What you may think is your fault, or the other driver’s fault, may actually be different.
Can Fault Be Challenged?
Did your insurance company put the blame on you for the accident? Or maybe you feel like you were given too much of an at-fault percentage. If you feel you were wrongfully assessed, you can absolutely challenge it.
The first step is to file a dispute with your insurance company. Be prepared to provide extra evidence to prove your side. A personal injury attorney can also come in clutch in this situation.
How an Attorney Can Help
An attorney experienced in personal injury can ensure that determining fault in a car accident is fairly addressed. They can also help you dispute unfair fault assignments and even fight to win a larger settlement, if necessary.
At Montanez & Yu Law, we are familiar with the complexities involved in car accidents. Even smaller collisions can be complicated and require a legal third party to step in. Contact our legal team today for more information on how we can help in your specific case.
Final Thoughts
Regardless of how minor a car accident might have been, determining fault is rarely easy. Each collision is unique. Pair that with multiple components from weather circumstances to traffic signals, and it becomes a challenge to deem who’s at fault.
What is more, in California, there is a pure comparative negligence law, which can make matters even more confusing. All drivers involved can be assigned different levels of fault - or even no fault at all. The fault assignments can ultimately decide what each driver is obligated to receive in compensation for damages and injuries.
The good news is, you don’t have to do this alone. Trust Montanez & Yu Law to help you navigate this complex process.
How To Report a Car Accident in California
While reporting your accident might be the last thing on your mind due to time constraints and emotional vulnerabilities, it’s actually one of the most important steps.
If you’re not sure where to start, we’re here to help. Read on to learn more about reporting a car accident in the state of California.
There are a lot of emotions involved when getting in a car accident. Not only is the event itself distressing, but the aftermath can also be messy. This is true even if you walk away with no injuries.
While reporting the accident might be the last thing on your mind due to time constraints and emotional vulnerabilities, it’s actually one of the most important steps.
If you’re not sure where to start, we’re here to help. Read on to learn more about reporting a car accident in the state of California.
Why Reporting an Accident is Important
When it comes to a minor car crash, a party involved may wish to resolve the situation privately. However, you should always report an accident, whether it is a major or minor car accident.
When you report a car accident:
The fault of the crash will be determined and recorded by an expert.
A third party can help prevent tension or disagreements between both drivers.
The proper documentation will be taken. This way, if the aftermath is more serious than initially thought, getting compensation is easier.
Legal Requirements When Reporting a Car Accident
Did you know that you’re not required to report all car accidents? While we recommend reporting them all, there are some cases where it’s legally required, according to California Vehicle Code §20000 and §20080.
Always report a car accident if:
The damage is expected to be over $1,000.
Someone was injured or killed in the collision.
Failure to report in the latter situations can result in legal repercussions. You risk getting a fine, jail time, or criminal charges. In less severe cases, you may have your license revoked or suspended.
Even if the police arrive at the scene, you’re still legally obligated to report the accident on your end. This means notifying your insurance company, as well as filing a report with the DMV.
Step 1: Calling Law Enforcement
When involved in a collision, your first step is to call the police or CHP. Be honest and upfront about the situation. Do not even blame yourself for the incident as you may not be aware of all facts yet. Leave it to them to file a police report, collect evidence, and determine who was at fault.
If an officer doesn’t arrive, you may have to complete the report on your own.
Step 2: File with the DMV within 10 Days
In California, any car accident that led to injury, death, and/or at least $1,000 in property damage must be filed with the DMV. You can do this by completing a Report of Traffic Accident Occurring in California, Form SR-1. This must be completed and turned in - either in person or online - within 10 days of the accident.
Be ready to provide this information:
Driver information
Vehicle details
Insurance
A short summary of the accident
This report should be made, even if you weren’t at fault. Failure to submit this form at all can lead to the suspension of your license.
Step 3: Contact Your Insurance Company
It’s important to submit a claim with your insurance company, either on the phone or online, right away. Waiting too long can result in you losing your chance at potentially receiving the compensation you deserve.
Always refrain from admitting fault for the crash. Also, keep from blaming the other driver when working with your insurance company. Instead, provide facts and evidence.
Be prepared to provide:
The time and place of the accident
A copy of the police report, if possible
Photo evidence of the scene, injuries, and/or damages
Witnesses’ names and contact information
Step 4: Retrieve a Copy of the Police Report
If there was a police report made, you’re obligated to receive a copy of it upon request. This can be retrieved from your local police department, CHP, or even from your county or city law enforcement website.
Obtaining a copy of the police report is imperative. A police report can come in handy when filing an insurance claim or taking legal action.
What to Do When the Other Driver isn’t Cooperating
Is the other driver failing to provide their personal information, like their name and insurance, to prevent you from reporting the accident? Maybe they admitted to, or lied about, not having auto insurance. Perhaps they even told you directly that they don’t want you to contact insurance or police.
Here are the next steps to take:
Contact the police anyway.
Take note of what you can, like the other driver’s license number and their car information.
Let your insurance company know what’s going on.
Consider teaming up with a lawyer.
Getting Legal Help for a Car Crash
Sometimes, there’s more than what meets the eye when it comes to reporting a car accident in California. There are several steps to take and multiple people to contact. It can be overwhelming.
What is more, the other driver may be uncooperative. It’s also possible that the collision is quite complex. Maybe there was a death or serious injury involved, the other driver doesn’t have insurance, there were extensive damages, or the incident turned into a hit-and-run.
Regardless of the complexities, Montanez & Yu Law would be happy to help. We are expert car crash lawyers and our legal team will ensure your accident is properly reported. We’ll also communicate with insurance on your behalf, protect you during legal proceedings, and ensure you get the compensation you deserve.
Final Thoughts
Reporting a car accident in Corona, or anywhere in Southern California is more important than words can explain. From avoiding monetary fines to getting your license revoked, it’s evident that reporting a collision timely is a must.
If you were recently involved in a car accident, don’t wait. Waiting too long can result in legal consequences and even cause you to miss on out compensation that was rightfully yours. Speak with Montanez & Yu Law today to get the reporting process started.
What to Do If You’re a Pedestrian Hit By a Car in California
If you’ve been hit by a car as a pedestrian in California, knowing what steps to take immediately can make a huge difference in protecting your health and legal rights. Reach out to the number one pedestrian lawyer.
It’s no surprise that in the state of California, thousands of pedestrians get hit on an annual basis. With a high population and several high-density cities, California is ranked number one for pedestrian injuries and fatalities.
Whether you or a loved one got hit in a small beach town or the hustle and bustle of Corona, know that Montanez Yu Law is here to help. Below, we’ll guide you on what to do if you get injured as a pedestrian in the state of California.
Seek Medical Attention
Your health and safety always come first. Whether you’ve experienced small scraps, mild bruising, or severe injuries, it’s critical to seek medical attention right after experiencing an accident as a pedestrian. This should always be the first step.
Not only can checking in with a medical professional ensure you get any injuries tended to, even injuries you didn’t know were present during the incident, but your medical records can be used to help prove your injuries.
Collect Any Evidence
While medical records can be used as evidence, there are other pieces of evidence you should consider gathering. Evidence is important, but sometimes it’s not always possible. This will also help speed up the process.
If you can:
Take pictures and/or videos (e.g., the car involved and its license plate, your injuries, the scene itself)
Look for surveillance cameras in the area that may have collected footage of the scene in action
Take down the name, address, insurance information, and contact information of the driver
Gather the names and phone numbers of witnesses
If this is something you’re unable to do due to the extent of your injuries or not having a phone on hand to document the latter, see if a witness can collect evidence on your behalf.
File a Police Report
In California, it’s required to notify the police in the event of a pedestrian injury or fatality. This is true even if the vehicle flees the scene. Police reports should also still be made if the situation was completely accidental.
When the police arrive at the scene, refrain from placing fault on either yourself or on the driver. Keep calm and provide all the necessary details. The police will ultimately determine who was at fault and the next steps to move forward.
Talk with an Injury Lawyer Before Talking with Insurance
If the driver’s insurance company gives you a call after the incident, it’s best to do one of two things. Either direct them to contact your own insurance company. Or, give them your personal injury lawyer’s phone number.
Providing a recorded statement to the driver’s insurance company could actually be used against you. They want to protect themselves. To keep your best interests in mind, leave it to your own insurance company and your attorney to handle the situation.
Learn About California’s Law on Pedestrian Injuries
Did you know that even if you, as the pedestrian, were partially at fault, you may still be eligible to receive compensation for your injuries? It’s true. In California, pure comparative negligence allows injured pedestrians to receive a portion of their compensation, depending on how much they were at-fault for. Say, if your original settlement was $150,000, but you were 50% at fault, then your settlement could potentially be worth $75,000.
Keep the Statute of Limitations in Mind
Sometimes you need to process what just happened. While waiting a bit can be fine, understand that waiting too long could result in your case getting denied. Then, you would no longer be eligible for compensation, even if you weren’t at fault at all.
In California, the statute of limitations on pedestrian accidents is two years from the date the incident occurred. However, if a government vehicle was involved, such as a bus or ambulance, the statute of limitations is just six months. Acting quickly, thus, is imperative.
Final Thoughts
Whether you walk away with zero scratches or mild to severe injuries, a pedestrian accident can be a daunting event. Partial fault or not, every pedestrian deserves justice.
The accident attorneys at Montanez Yu are strong yet sympathetic. We specialize in personal injury cases in California. As your representative, you can trust us to help you achieve the compensation you deserve for your injuries.
If you were involved in a pedestrian accident in California, get a free consultation from us today. We’d love to evaluate your case and help fight for your rights.
Contact us today to speak to a licensed CA attorney.