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. 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.

Book your free consultation here.

What Does a Personal Injury Lawyer Do?

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

*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:

1. Driver was off-duty (app off):
   In this case, the driver’s personal auto insurance is responsible, not Uber or Lyft.

2. 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

3. 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

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:

1. 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.

2. Document the Scene – Take photos of the accident scene, your bicycle, any injuries, the other vehicle(s), and any road hazards.

3. Exchange Information – Get the driver's name, contact info, license plate, and insurance details. Also try to collect contact info from any witnesses.

4. Get Medical Attention – Always see a doctor. Medical documentation is important for both your recovery and any legal claim you may file.

5. 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

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

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.

1. 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.

1. 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.

1. 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.

1. 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?

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

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. 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

• Slip and fall accidents

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?

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.

1. 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.

1. 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. 

1. 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.

1. 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.

1. 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.

1. 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.

1. 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.

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.

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

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

Pedestrian Attorney - Montanez Yu

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.

Steps to Take After an Attack - Advice From A Dog Bite Attorney

Dog Bite Lawyers Montanez Yu

They say dogs are a man’s best friend. As loyal, as loving, and as playful as our beloved canines can be, they also have the potential to inflict harm upon us humans. A dog bite can happen in a split of a second, leading to major injuries, mental trauma, or even a potential fatality.

Have you recently been bitten by a dog? Read on for the next steps to ensure you get the proper treatment and compensation for your dog bite injury.

Bitten by a Dog? Seek Medical Attention

Even if the wound didn’t break skin, there may be damage beneath the skin surface. If you have pain near or at the site of the bite, this is a clear indicator there could be an injury that needs to be evaluated. When in doubt, see a medical professional right away.

Infants and children should always be taken to a doctor after any dog bite as they are unable to clearly express their injuries. Regardless, some injuries are only determined upon professional medical assessment.

The dog’s rabies status must be immediately determined as well because rabies therapy, if necessary, must begin without delay. The victim's tetanus status must also be current.

Types of Dog Bites by Severity

In California, there are six dog bite levels that are legally recognized:

• Level 1: Dog shows signs of aggressive behavior towards the victim such as snapping or snarling. No direct physical contact has been initiated.

• Level 2: The dog bites the victim, but the skin is not punctured.

• Level 3: The victim receives one to four punctures from the dog bite. None of the punctures are deeper than half of the dog’s canine tooth.

• Level 4: The victim receives one to four punctures from the dog bite. At least one of the punctures is deeper than half of the dog’s canine tooth. Bruising and/or extreme pain are usually the result of this level of bite.

• Level 5: The dog bites the victim multiple times. The victim is left with at least two Level 4 bites.

• Level 6: This level of dog bite causes fatal injuries to the victim.

A dog bite attorney can help you determine the level of bite(s) you have received. From there, they can help you fight for compensation for your injury, pain and suffering, and loss of work.

Why Dogs Bite Humans

Dogs bite humans for many reasons. Most of the time, dogs bite as a means of protection whether it be over themselves, their owner, or even their pups.

Anxious or aggressive dogs may also attack a human when they are feeling territorial over their space or resources such as their food. Illness or injury can also trigger a dog to snap at someone. In other cases, canine aggression can strike if the dog is feeling threatened or startled, even if the victim isn’t the one who directly frightened them.

In rare cases, a dog may also bite as a defense mechanism due to past or present abuse.

How to Avoid a Dog Bite

While not all dog bites are inevitable, there are some guidelines you can follow to avoid future dog bites:

• Observe its body language to determine if it’s fearful or angry

• Respect the dog’s personal space, especially while sleeping or eating

• Don’t pet or reach toward a dog without knowing how it might react

• Show the dog you are not threatened by remaining calm

• Never tease or startle a dog

• Avoid breaking up a dog fight

• Keep children away from unfamiliar dogs

Can You Sue for a Minor Dog Bite in California?

Yes, you can take legal action even for a minor dog bite in California. The state of California has strict liability regarding dog bites as even minor bites can carry a risk of infection and require medical treatment. This is why hiring an experienced dog bite attorney is important. We can help guide you through the process and make sure you get the most for your suffering.

Not to mention, small dog bite incidents can still lead to significant long-term emotional impacts such as Post-Traumatic Stress Disorder, a phobia, or avoidance behaviors. These emotional consequences may require extensive therapy, which can be costly.

Minor dog bites can also be especially critical to small children, the elderly, and those with current medical conditions.

What Happens After a Dog Bite is Reported?

Once a dog bite is reported in California, a local animal control agency officer will likely interview the victim. The officer will also assess for possible rabies transmission from the dog to the victim.

After a dog bite is reported, even if it’s a first-time incident, the dog may be required to be quarantined. If the dog doesn’t appear to be rabid, it can be quarantined in the owner’s home. Failure for the dog’s owner to comply with quarantine can result in criminal charges.

Will The Dog Be Euthanized?

As previously mentioned, rabid dogs that have bitten someone will be required to be euthanized. However, the dog can still be euthanized even if it isn’t rabid. For example, if the dog has had more than one biting incident, if the dog was specifically trained to attack as a house dog, if it can be classified as “vicious,” or if it had even one very serious incident, like a dog bite to the face, then the dog can also be ordered to be put down.

There are, however, some exceptions to the latter. If the dog bites a trespasser or if they bite in accordance with their line of work (e.g., police or military), then the dog cannot be euthanized for biting in many instances.

Does California Have a One-Bite Rule?

The one-bite rule is a law that allows dog owners to avoid liability for the first time their dog bites someone. Consider this a “free pass.” After the first bite, the owner can be responsible for future bites, assuming no negligence on the owner’s end.

While some states have a one-bite rule, California does not. That means even if it’s a dog’s first time biting someone, the owner can still be liable.

What if a Service Dog Bites Me in California?

A service dog bite is treated the same as a non-service dog bite in the state of California. That said, legal action can still be taken by the victim to receive necessary compensation.

In addition, a service dog’s status may be revoked if the dog displays aggressive or threatening behavior, like in the form of biting someone.

California Law on Dog Bites on Public or Private Property

The legal outcome can vary depending on whether the dog bite occurred on private or public property.

If the bite happened on public property, or if the victim was lawfully invited onto the owner’s private property, the dog owner is usually held liable for the victim's injuries. Keep in mind that warning signs like “Beware of Dog” may not fully protect the liability of the dog owner on their private property.

However, the dog owner is usually not liable if their dog bites someone who provoked the dog or if the victim illegally trespassed onto their private property, that is, unless there is solid evidence that the dog owner was negligent which led to the bite, which may be difficult to prove.

Statute of Limitations on Dog Bite Lawsuits

Most cases have a statute of limitations or a maximum time in which you can initiate legal proceedings. The same goes for dog bite cases. In the state of California, the statute of limitations for a dog bite is two years from the initial date of the incident. For those under the age of 18, they typically have until two years after they turn 18 to file a lawsuit.

After the two year mark, most courts will not consider a dog bite case.

How Dog Bite Victims Can Be Compensated in California

There are many ways a dog bite victim can be compensated. Both economic and non-economic damages can be reimbursed.

Medical expenses from hospital visits to surgery, travel expenses for treatment, and lost wages from having to miss work are examples of economic damages you may be eligible to receive compensation for. 

Non-economic damages you may receive compensation for include pain and suffering, reduced quality of life, and permanent scarring.

How to Prove a Dog Bite

When suing for a dog bite in CA, it’s important to gather as much evidence as possible. The more evidence you have, the quicker it will be to settle your case. Not to mention, certain evidence can increase your settlement amount.

Here are some examples of pieces of evidence you should include if possible:

• Photographs of injuries from the dog bite

• Video footage of the attack

• Witness statements

• Pay stubs showing lost wages during recovery

• Police report

• Medical records & receipts

What is the Average Dog Bite Settlement?

Dog bite settlements can vary drastically, ranging up to to hundreds of thousands of dollars.

The settlement the victim may receive depends on the severity of the bite(s) and the cost of any medical attention or treatments required to tend to the bite(s). Lost wages from having to call out of work and any psychological damages will also be put into consideration.

Can You Sue For a Dog Bite Without an Attorney?

While it is possible to sue for a dog bite without a lawyer in California, it’s highly recommended for one to seek the assistance of an attorney.

Not only can the right legal representative increase your odds of winning your case, but they can also speed up the process and ensure maximum settlement. While there are other dog bite lawyers, it is important to hire a dog bite lawyer near you. Montanez Yu is located in Corona and knows applicable laws for all of southern California.

How Much Does a Dog Bite Attorney in California Cost?

At Montanez Yu, we don’t charge an upfront fee for our legal services as we are confident that we can help your case. If we can’t get you a settlement or verdict, we don’t require a fee from you. Only pay when we help win your case. It’s as simple as that!

Why are California Based
Dog Bite Lawyers Important?

Just as it is important to see a qualified medical professional, it is just as important to ensure you contact the best dog bite injury lawyer in California to further address the event. You may incur significant medical bills in treating the injury from the bite and any complications that arose from it, such as rabies testing and treatment. We can help ensure you can recover payment for your medical bills for your dog bite injury from those responsible.

Many people fail to realize that the dog owner's homeowner's insurance will cover the claim from such dog bites, even if the bite did not happen on the homeowner's property. Montanez Yu attorneys can help you negotiate with the insurance adjusters to ensure that you get proper compensation or initiate proper legal proceedings against the responsible parties to make sure you are taken care of.

If you’re on the search for a dog bite lawyer in California, we recommend contacting us today. We represent clients from Corona, Norco and Eastvale, to Fullerton and Torrance, and all of Southern California.

Contact us today to speak to a licensed CA attorney.

Corona Injury Lawyers -- This is What We do

At Montanez Yu, our injury lawyers serve clients all over California, from Sacramento to San Diego. Our main and original office is in Corona, California, in the County of Riverside, a beautiful city which lawyer Robert Montanez has called his home his entire life. Robert knows every street, nook, and cranny, in the City of Corona, and has handled car crashes all over Corona for decades.

When it comes to car accident lawyers, you have a lot of choices. You likely see dozens of billboards with personal injury lawyers trying to sell you their services. We are not them. We do not use our resources and time on expensive freeway billboards. We keep our fees and costs low for our clients, and actually meet with our clients and talk to them about their case until the case is over.

If you are looking for a injury lawyer, make sure you hire a firm where you get to talk to your lawyer when you need to. The odds of you actually getting to talk to the lawyer on that big billboard is very low. You deserve respect, you deserve communication, and you deserve a compassionate lawyer.

Call Montanez Yu today for a free consultation, our car crash and injury lawyers have been serving Corona, Riverside, and all surrounding areas throughout Southern California with excellence, compassion, and care.

Please read our client reviews for more information and the type of superior service you can expect from our award-winning office.

Liability -- Who is At Fault?

What is liability? Who is liable? What impact does it have to me and my claim after a car crash? How does it affect my insurance rates and premiums?

Liability essentially means fault. If someone is found liable, they are found to be at fault. So in a personal injury case such as a car accident, whoever is found liable is found to be at fault for the accident and will be responsible for paying "damages" (aka money) to the persons they hurt. The concept of "damages" is explained in another article here.

Deciding who is at fault can be very easy or very difficult. A classic case of an easier liability case would be a person getting rear-ended at a red traffic light. A more difficult case of liability can involve lane changes, uncontrolled intersections, or any time there are more than two vehicles involved in the initial collision.

Remember that what happens in real life is not necessarily what will be relayed by the other driver to claims adjusters, lawyers, juries, and judges. People who are at fault for car accidents may lie. Even in cases where drivers are clearly liable, they may lie to save themselves from an increasing insurance premium or the possibility of a lawsuit.

To best protect yourself from such situations is to have a personal injury attorney represent you. A personal injury attorney goes to law school for years, and is licensed by the State Bar of California as fit and competent to practice law. Having such an attorney guide you through the claims, negotiation, and lawsuit process is essential in protecting your interests and fully compensating what is owed to you under California law for your medical bills, pain and suffering, loss of income, and other damages.

If you are found to be at fault for a crash, your insurance rates may go up. This can result in thousands of dollars of extra premiums paid over years, for an incident that was not your fault. This alone is worth fighting for what is right, even if you feel no pain yet and don't have medical bills to worry about.

Just because an insurance company initially found you to be at fault for the car crash does not mean that is the final conclusion. Our attorneys here at Montanez Yu have fought dozens of cases for our clients, where they were initially found to be liable, and we ended up winning them a settlement or jury verdict in court instead.

The key is to call a licensed personal injury attorney as soon as possible after a crash. You do not want to talk to anyone else about the accident and you should not sign any paperwork or release any information without consulting an attorney. The sooner you call, the sooner the law firm can hire investigators to begin collecting and preserving evidence to fight for your liability.

Montanez Yu is an award-winning boutique personal injury law firm representing only personal injury victims in Southern California. We have dealt with the multitude of various judges, court staff, insurance companies, and claims managers and adjusters to efficiently navigate the legal system to bring full compensation to our clients in an efficient manner. Call our office today for a free consultation at 949-864-6642, or email us at contact@montanezyu.com.

Save 511 on Your Phone

If you are stuck with your vehicle on the freeway, you can get free help to get your car safely off the freeway.

Call 511 from your phone, and California's Freeway Service Patrol ("FSP") will:

• Give you a gallon of gas, if you are empty;

• Jump start your car if your battery is dead;

• Refill your radiator;

• Change a flat tire (NEVER change your own tire on the freeway, the risk is too high);

• Among others.

The service covers almost all major freeways of California. As of today, the FSP covers:

• Inland Division - Riverside and San Bernardino counties

• Southern Division - Los Angeles county

• Border Division - San Diego and Orange counties

• Coastal Division - Monterey, Santa Cruz, Santa Barbara counties , San Luis Obispo, Ventura and Moorpark

• Central Division - Fresno county

• Golden Gate Division - Alameda, Contra Costa, Marin, Napa, Santa Clara, San Francisco, San Mateo, Solano, and Sonoma counties

• Valley Division - Sacramento, Yolo, Placer, El Dorado and San Joaquin counties

There are limitations. The FSP:

• Cannot tow your vehicle to a private repair service or residence.

• Does not recommend tow service companies, repair or body shops.

• Does not tow motorcycles.

• Does not assist vehicles which have been involved in accidents, unless directed by CHP.

If you are ever stuck on the freeway for whatever reason, start by calling 511 and see if they can help. The worst they can say is no, and you may just get off the freeway safely and with professional help at no charge to you.

Need to speak with us? Contact us here.

If your car wipers are on, you should turn on your headlights

With the rainy season upon us this is a friendly reminder that you should have your headlights on at any time you are using your windshield wipers for rain, mist, or snow, no matter how bright it may seem outside.

In fact, extensive studies have shown that using your vehicle headlights during even times of daylight will reduce chances of vehicle accidents, and significantly reduce chances of pedestrian and motorcycle related accidents.

“A motor vehicle, other than a motorcycle, shall be operated during darkness, or inclement weather, or both, with at least two lighted headlamps [when there is a] condition requiring the windshield wipers to be in continuous use due to rain, mist, snow, fog, or other precipitation or atmospheric moisture.”
— California Vehicle Code Section 24400

Please be extra cautious while driving in darker conditions or when it is raining and please be sure to keep your headlights on for your and others' safety.

Contact us here for expert advice.

Happy Thanksgiving! When driving, stay aware and safe

Thanksgiving Holiday driving – be responsible and keep your vacation festive

With Thanksgiving weekend just around the corner, we’d like to remind our readers to be extra careful when driving during this time. This can help prevent traffic collisions which occur at a much higher rate during this long weekend compared to the rest of the year.

Below is a short list of things to keep in mind over the next few weeks.

Why you should be driving extra carefully on Thanksgiving

1. Most serious and fatal traffic collisions occur on Thanksgiving, more so than during New Year’s or any other time of the year. Thanksgiving weekend carries over 250 fatal accidents per year on average, with Los Angeles being the most dangerous.

2. Many employers do not give the Wednesday before Thanksgiving off, leading to rushed, distracted, and fatigued drivers on the road throughout that weekend.

3. College students sometimes engage in what is called “blackout Wednesday” where students drink with their friends at school before returning home for the holidays, leading to many intoxicated and fatigued drivers on the road.

Be a vigilant driver

You can be the most careful driver on the road and still be hit by a drunk driver or a person falling asleep at the wheel. Be extra alert during this holiday weekend to keep your family and yourself safe from other people’s carelessness on the road.

1. Always wear your seatbelt. It may sound obvious, but over 60% of victims of fatal collisions were not wearing their seatbelts.

2. Stay alert and away from cars moving erratically. Given that over 40% of victims of fatal collisions were hit by drunk drivers, you as the driver need to proactively stay vigilant of your surroundings, and to stay away from cars moving around erratically.

3. Driving fatality increases by a rate of over 3x between 6 P.M. and 6 A.M. during this holiday weekend.

Some things to keep in mind

1. Give yourself extra space – while a three seconds stopping distance might be recommended, you should consider increasing that distance during this traffic jammed holiday weekend.

2. If you are driving to a new city, print out directions and make yourself familiar with your destination before you start driving.

3. Distracted driving, including texting or using GPS on the phone while driving, has been shown to vastly increase your odds of being in a traffic collision. Don’t ever do this, but especially not on a holiday weekend filled with increased risks.

You can’t prevent all collisions and you can’t always protect yourself from the negligence of another person. You can, however, give yourself plenty of time to travel to your destination, maintain a safe speed and following distance, and, most importantly, remember that getting to your destination is more important than getting there on time.

From every one of us here at Montanez Yu, we wish you a happy and safe holiday season.

5 must know tips for all motorists

TRAVEL SAFELY THIS HOLIDAY SEASON

Below we share 5 tips that all motorists should read and follow at all times, and especially this upcoming holiday season.

Tip #1:

Learn to Drive Defensively

What you hear and read over and over is to drive defensively if you want to stay safe on the road. This is considered so important that some car insurance carriers will offer a discount if you take a course in defensive driving.

But what does driving defensively really mean? It doesn’t mean to tense up and wait for an accident to happen – it means to be aware of your surroundings and try to anticipate what the drivers around you are going to do. Don’t just react when an accident occurs; always put yourself in a safe position so you never get in an accident to begin with.

An example of defensive driving is where a driver sees a car moving erratically and, noticing that this could cause an accident, avoids that vehicle by slowing down or going around that vehicle.

Tip #2: Roads are much more slippery right after it rains after a long period of dryness

When it has not rained for some time, a mixture of oil and dust builds up on the road. When it first rains, drizzles, or snows after such periods of dryness, the roads are extra slippery due to such build-up mixing with water. Be extra cautious and keep more distance from other vehicles when driving during such times.

Tip #3: Check at least the following before any holiday traveling

Tire pressure and tread depth: under-inflated tires not only waste gas, it is the leading cause of tire failure which can cause auto accidents. Poorly treaded tires increase likelihood of hydroplaning, where a layer of water gets between the tire and the road surface, greatly increasing the likelihood of a loss of steering, braking, and power control.

Replace wiper blades if necessary: unexpected weather should really be expected these days; Google how to replace these on your own and order the correct parts online to save money, or ask your local auto mechanic.

Fill the windshield washer reservoir: even if it doesn’t rain, temperature differences and other environmental conditions can cause the windshield to be covered with by a sheet of condensation and can greatly reduce visibility. Don’t be caught without windshield washer fluid when you need it.

Test the battery: nothing is worse than having a car that won’t start in the middle of your vacation. Batteries that perform fine may not work so well in colder temperatures; get it tested professionally or get a product designed for such purpose.

Tip #4:

Buy or make your own emergency road kit

Everyone should have a basic emergency supply kit in their car. This is especially true in California where an earthquake can occur at any time and leave us exposed without items necessary to survive.

At the very least, be sure to keep these items in a plastic bin or duffel bag in the trunk of your car:

• Water

• Protein bars

• Flashlight (with head-strap, preferred)

• First aid kit

• Batteries (you can purchase battery packs with car-jump capabilities with built in flash light, power outlet, USB outlet, radio, and other functionalities with increasing price point)

• Whistle (to signal for help or to help others locate you)

• Dusk mask

• Towels, napkins, garbage bags, and plastic ties

• All-in-one hardware kit (screw driver, wrench, etc.)

• Manual can opener for food

• Printed map of local area

• Prescription medication

• Change of clothes

• Blanket

• Cash

Pre-packed kits can be purchased and are a simple internet search away.

Tip #5: Times to be extra vigilant

Holidays should be festive but no one should be drinking and driving, ever. Unfortunately, 40% of fatal traffic accidents occur during Christmas and New Year’s. New Year’s Day marks the most dangerous day to walk, so be careful when walking around busy roadways.

Driving sober won’t stop other irresponsible drivers from potentially colliding into you. Do your shopping ahead of time and try to minimize time in cars during the holidays.

Please reach out if you are ever in need of a car crash lawyer.

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