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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8 things you should do after every car accident

As recently as 2015, it was estimated that in California alone there were over 170,000 auto accidents that caused injuries every year. The number of people injured in such accidents is significantly greater at over 250,000 people.

Unfortunately, the reality is that no matter how much focus you place on defensive driving, nothing can really guarantee that you won't get into a car accident.

If such a misfortune occurs, here are certain steps that you need to know and take if you are involved in any car accident. Follow them after any traffic collision to ensure everyone is properly taken care of and that you follow the law.

1. Stop Safely

If you are involved in a car accident, do not leave the scene. Leaving the scene of even a minor accident can have you facing penalties as a hit and run driver. You are required to provide your driver’s license and vehicle registration showing current residence to other involved parties upon request. Failure to comply can result in a fine not exceeding $1,000, imprisonment in county jail for 6 months, or both.

If and only if it is safe to do so, move your vehicle to a safe spot as to not endanger other drivers passing by.

2. Check for Injuries and Get to Safety

The most important thing after an accident is to make sure that everyone is okay and that there are no catastrophic injuries or complications that need your immediate attention. Check if you or any of your passengers have any sprained or fractured bones or any other injuries which will make it difficult for them to exit the vehicle.

Remember that your vehicles can get repaired and replaced, you can't.

3. Call 911 and Wait for Help

Your next step is to either call 911 or the local police or Sheriff’s department to report the accident and request assistance. If there are injuries, this is the time to report it in as much detail as you can so that EMTs can come to assist those who are injured.

4. Exchange Information

While you wait for help you can exchange information with the other driver(s). At a minimum, all involved parties are required to provide their driver’s license and vehicle registration upon request. It is highly advisable that you obtain the insurance information of all the other driver’s as well. You will need this information later when you make a claim with insurance companies or decide to sue other drivers for damages.

If for any reason you do not feel safe talking to the other driver (for example, you suspect they are drunk or that they may become belligerent) you can wait until the police arrive. The officer will ask for everyone's information and provide it to everyone or include it in a traffic collision report, if one is produced.

5. Document Everything

Take pictures of the accident scene, vehicles, and informational documents yourself or have someone take them for you. Take many pictures, from different angles, and from close and afar. Remember to also take pictures of license plates, driver’s licenses, vehicle registrations, insurance cards.

Insist on the law enforcement officer making an official report of the accident. This should make your ensuing insurance claim and potential lawsuit in the future easier.

Once you are allowed to leave the scene of the accident, go to a quiet place and make a record of everything you can remember about the event. Human memory is not reliable and is often wrong, and details are forgotten as time passes.

6. Notify Your Insurer

After the accident, you should notify your insurance company. Depending on the type of your coverage, you may be able to start the car repair and rental process through them. This will also let them know that they should expect the other driver's insurance company to contact them.

Today many major insurance companies allow for filing of a claim through their website. If you prefer a more old-school method you can call them.

7. Seek Medical Attention

Do not wait to seek medical attention. Immediately after the accident you may feel fine but you may have injuries internally that are not readily detectable at the moment. Take an ambulance if you must, and visit the emergency room or urgent care if you feel necessary. At a minimum, visit your primary care physician as soon as possible.

You may not begin to feel specific pains until a couple days after the collision. While it is better to visit a medical professional later than never, you will best recover if you seek medical treatment as soon as possible after the collision.

8. Protect Your Rights

Consider hiring a personal injury attorney. A knowledgeable attorney in this field can help you through both the claims and potential lawsuit process and any other issues involved with the aftermath of an auto accident.

Car Accident Action Plan

Stay safe on the road through defensive driving and always be alert behind the wheel. Should you be involved in an auto accident, follow the above outline to protect your health and legal interests.

Contact our office by phone, text, or e-mail, at anytime for a free consultation with a licensed personal injury attorney.

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How to drive defensively for increased safety on the road

Defensive driving is the best way to avoid being involved in traffic collisions, and here in this post we go into greater detail about what defensive driving is and how to practice it at all times so that you can be safer on the road.

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What is defensive driving?

Defensive driving is a set of skills which allow a driver to defend themselves against possible collisions against uncontrollable factors such as bad drivers, poor weather, drunk drivers, etc. It is defined under the Safe Practices for Motor Vehicle Operations as "driving to save lives, time, and money, in spite of the conditions around you and the actions of others."

"Defensive" does not mean to react to aggressive drivers in a reactionary manner, nor does it mean to be passive and waiting for something to happen. On the contrary, one of the most important aspects of defensive driving is being aware of your surroundings at all times and to take steps to put yourself in a safer position on the road as to decrease chances of collisions.

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Why should I drive defensively?

If you practice defensive driving correctly at all times it will absolutely decrease your odds of being in a car accident. Remember that, even if you are a perfect driver, unknown and uncontrollable forces may still cause you to collide with another vehicle or object. By being a defensive driver you can put yourself in a safer space away from drunk, aggressive, and erratic drivers.

Another benefit to defensive driving is that many auto insurance carriers offer a discount if you take a course in defensive driving. Ask your auto insurance agent. You can save time and potentially lives with a simple course which can often be taken online.

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How do I drive defensively?

Remember that the more you practice defensive driving the more you will become mindful of potential dangers on the road.

1. Always think safety first. Leave plenty of space between you and other cars. Lock your doors to prevent being thrown in case of a crash. Always wear your seat belt.

2. Avoid and eliminate distractions. This includes using of cellphones, eating foods, putting on makeup, reading, or even using the on-board car navigation system while driving, which has been shown to be as dangerous as using a cellphone.

3. Have an escape route. Never put your vehicle in a situation where you cannot easily get to an open and safe space, i.e., do not drive between two large trucks while tailgating a moving truck on a narrow bridge.

4. Never depend on others. This obviously applies to other drivers -- never expect other drivers to follow traffic laws or even to be alert, conscious, or sober. Also, do not depend on your passengers -- many accidents occur where drivers make last minute turns due to passengers reading navigation directions a little too late.

5. Isolate and manage risk. When a crisis arises, try to prioritize and deal with the most pressing issue first. A very typical scenario is when you are driving and the car in front of you suddenly stops. Your top priority should be to avoid hitting the car in front of you and so you should brake immediately without hesitation. Do not worry about the car behind you hitting you unless you absolutely have the time to account for it.

6. Always be in control of your speed. This is not as simple as how hard you press the gas/brake pedal. You must be aware of road conditions (is it wet?), tire conditions (are the treads worn out?), elevation (is it downhill?), and emergency factors (is there an ambulance behind me?), to always be in control of your speed.

7. Respect others on the roadway. When you see that other driver speeding and not using his turn signal, give them the benefit of the doubt and do not react with anger. They may just be driving a pregnant woman to a hospital or have a similar medical emergency.

Stay safe on the road!

We love our dogs -- that's why we keep them leashed in public

Our team here at Montanez Yu feels especially passionate about dog bite injuries and their victims. At the end of the day we all love our dogs and pets dearly. And because of this, we urge you to keep your pets and those around you safe and to follow all applicable laws relating to dogs and other pets, for the benefit of all pets and pet owners.

DIFFERENT STATE, COUNTY, AND LOCAL LAWS

It is important for pet owners to know that different cities and counties may have different laws relating to leashing a dog while in public. For example:

• Long Beach requires a leash that is no longer than 8 feet long.

• Livermore allows dogs to be unleashed even in public if under the voice control of the owner.

• Sacramento will allow a dog to be unleashed if it has completed obedience school, but, if your dog has not yet completed obedience school it must be on a leash not exceeding 6 feet. If the dog is on a retractable leash that can extend beyond 6 feet, then it is illegal no matter what the length you set it at.

As you can see above, laws can get very specific and can change the moment you cross city lines, and some laws may even contradict each other from one city to the next. Therefore, you should research and learn the dog laws of your resident city and other cities you frequent with your dog.

The list below is not meant to be exhaustive; as always, read our disclaimer regarding our blog content. Remember that all applicable County and California state laws will apply along with the city laws listed below.

City of Corona:

• Dogs in public must be under control and not allowed to run “at large” (per Riverside County Code);

• Dogs older than 4 months must be licensed;

• Households may have only up to 3 dogs;

City of Los Angeles:

• Must “be on a leash” unless they are in your fenced yard or at  a dog park that allows off leash exercise;

• Tying up your dog for more than three hours in a 24 hour period  is illegal;

• Dogs older than 4 months must be licensed;

• Households may have only up to 3 dogs;

• Dogs older than 4 months must be vaccinated for rabies;

 City of Irvine:

• Leash of 6-foot or shorter, held by a person who can completely control the dog at all times;

• Dogs older than 4 months must be licensed;

• Dogs older than 4 months must be vaccinated for rabies;

• Households may have only up to 3 dogs;

• All animals adopted from a shelter must be neutered/spayed;

YOUR DOG HAS RIGHTS TOO – TREAT THEM WITH RESPECT

As our best friends, our dogs deserve to be treated with respect and given the care that they deserve. Given this basic assumption, California has laws in place that make it illegal to leash a dog to anything unless it is provided with adequate food and shelter.

This means that leashing your dog outside of Starbucks while you run into grab a cup of coffee is illegal unless your dog has food, water, enough shade (if on a hot day), and sufficient leash length to roam around physically.

We recommend you do not tie up your dog and leave them alone in public, even briefly, as any dogs left alone may bite innocent by-passers no matter how well you may think you know your dog.

MY EXPERIENCES AS A DOG OWNING PERSONAL INJURY LAWYER

We’ve all seen pictures and videos of newborn babies sleeping with the family dog that weighs 5x as much as them. I love my dog, but I will never allow my ~40 pound German Shepherd to get near a baby. And this has nothing to do with my dog’s personality, she is the sweetest dog.

But, the reality is that animals have deep rooted instincts, you never really know for sure what can make your dog react in a triggered manner and attack or bite what is nearby. As the American Animal Hospital Association warned:

"Children are often at eye level, and may stare directly into dogs’ eyes. They also run and move suddenly, appearing like prey. Any dog may bite, even your family pet. Adults should always supervise children when they play with any dog, and they should teach children the best ways to approach and treat animals to avoid being bitten. "

While there is no ill intent on the part of any dog, usually the damage is done. One bite from a dog to any part of a newborn or toddler is likely to result in significant and permanent injuries to that toddler. This is not a risk you should take with your child or any child, nor your dog, who will have to face the consequences of such an attack in animal court. If a dog bites a child, it is basically guaranteed to be put down.

IF YOU LOVE YOUR DOG, KEEP THEM UNDER CONTROL

When an innocent person gets bitten by a dog, there is more victim than one. The dog will likely be called to face animal court and may face punishment. The dog owner may face harsh penalties with government entities and can be sued in civil court for the injuries that their dog caused.

Lastly, and looking at the big picture, when one dog owner breaks leash laws, every single one of us dog owners are harmed. When a loose dog bites an innocent person, trust in all dog owners diminishes.

For your dog and everyone else's sake, keep your furry best friend under control at all times when in public and follow all applicable laws to keep yourself and others safe.

Reach out for a free consultation if you are in need of a dog bite attorney.

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5 common driving safety myths debunked

As a personal injury attorney I deal with hundreds of car accident cases every year and we hear all sorts of "safety tips" from various drivers that can actually lead to more dangers and risks. Here we discuss 5 such commonly heard "driving safety" myths.

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MYTH #1: Under-inflated tires increase traction

This is very commonly heard, especially in colder areas with increased rain and snowfall. This myth is far from the truth as under-inflated tires reduce safety, performance, and effectiveness.

Further remember that in colder temperatures, your tires can lose approximately one pound of inflation for every 10-degree decrease in temperature.

Always keep your tires inflated at the vehicle's recommended inflation rate which is listed on the inside of the car door.

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MYTH #2: Keep car doors unlocked while driving so they don't jam in case you crash

Approximately 10,000, people die each year due to injuries sustained while being ejected out of a vehicle in a collision. It happens more than you think. For this reason, your car doors should always be locked when you are driving your vehicle.

I've heard people argue about the risk of being trapped in a locked vehicle after a  collision. But, most emergency responders today are able to extract people from such vehicles with relative ease using modern tools. At least for me, I prefer to be locked in my car for a bit, rather than to be shot out of it.

Make sure your car doors are locked at all times when you are driving.

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MYTH #3: Safest driving position for your arms is at the 10 and 2 o'clock position

We probably all learned this at driving school when getting our license.

But it turns out this is actually a dangerous position to have your arms. Airbags can deploy at up to 200 miles per hour, and can lead to broken arms, facial lacerations, and other injuries if your arms are placed at the 10 and 2 o'clock position.

Keep your arms at a 9 and 3 o'clock position for maximum safety.

To avoid such airbag injuries, the National Highway Traffic Safety Administration recommends keeping your arms and hands at the 9 and 3 o'clock position with at least a 10 inch space between the airbag in the steering wheel and your collar bone.

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MYTH #4: Using a hands-free device to talk on the cellphone is safe

At this point, enough studies have been done to show that using a hands-free device to talk on the phone while driving may be safer than holding the phone directly, but it definitely is still not safe.

When the National Highway Traffic Safety Administration cites "driver distraction" as a cause for 25% of all traffic collisions, they are referring to any instances where the driver is distracted, including instances where the driver is using the phone, talking to passengers, or merely being around passengers who are talking on their cellphone.

As a driver, your focus should be on the road and safely navigating to your destination. Keep cellphone usage to a minimum even if you utilize a hands-free device.

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MYTH #5: Backseat passengers don't need to wear their seat-belt

It always shocks me how frequently people choose to not wear their seat-belts when in the backseat of a car, especially when in taxis or ride-sharing services like Uber or Lyft. 

Sitting in the back seat can create a false sense of safety. But remember that un-belted passengers are at risk of not getting airbag protection. In a violent crash, it is possible to be thrown through the windshield or around the hard interiors of the vehicle. None of this is worth the tiny inconvenience of strapping on that belt, so if you are the driver always insist that all passengers wear their seat-belts.

Please reach out if you would like to speak with a car accident lawyer.

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Frequently Asked Questions (F.A.Q.) from Clients

Over our years of serving personal injury victims, almost every client has asked us some of the same questions. In keeping with our goal of educating our readers, and for the benefit of all of our potential and current clients, below is a list of questions and answers to our most frequently asked questions.

Do you have any further questions for us? Feel free to contact us at any time.

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How much does it cost to hire a personal injury lawyer?

We don’t get paid anything if we don’t win a settlement or court verdict for you. That is, our attorney’s fees are based on a percentage of the total recovery we win on your behalf.

Do I have to go to court if I file a claim?

No. Claims only involve you, your attorney, and the insurance company (either the at-fault driver’s or your own). As a matter of fact, a vast majority of cases are resolved without having to file a lawsuit. Even if we do file a lawsuit on your behalf your attendance at court will most likely be limited. Finally, only you, the client, has the choice to decide to file a lawsuit for your case.

In conclusion, a very few number of clients actually see the courtroom.

What types of injuries do you represent?

We represent a wide range of cases, including car accidents, slip and falls, workplace injuries, medical malpractice, dog bites, defective products, and serious injuries like burns, brain trauma, spinal damage, burns and many more.

How long does it take for a typical car accident or other personal injury case to finish?

Most cases should not be closed until the injured person has finished all reasonably required medical treatments and procedures. While we pride ourselves on our efficiency, we will never jeopardize our client’s interests by rushing a case to close early. Full investigation and analysis is crucial to maximizing our clients’ interests to the fullest and this can take longer time in cases that have unique and complicated issues.

If no lawsuit is filed, it is not unusual for a claim to resolve within 7-12 months. If a lawsuit is filed on our client’s behalf, the length of the case will largely depend on how the court (and the judge assigned to the case) assigns mandatory court appearance dates to the case.

We will not rush your case, as doing so will hurt your case. Instead, we maintain an open line of communication so our clients know exactly what is going on with their case at all times. Even if the process feels lengthy (and it most likely will), you will be up to date on every step and always know where you stand, with full confidence that we are doing everything we can to maximize your interests in your case. Personal injury law is all we focus on and you can be sure you will be in good hands. Read our full article on timeframes here.

Why do you need a lawyer for a car accident and other personal injury types of cases?

If you have been injured in any significant way, and it was due to someone else’s carelessness or intentional misconduct, then you may face many complications in the near future including: (1) outstanding medical bills and required medical treatments, (2) holding the responsible party financially responsible for your losses, (3) finding specialists to deal with any unique injuries you may be facing, (4) communications and demands from insurance companies and their agents, (5) and many other problems that frequently arise in personal injury cases.

Montanez Yu attorneys have dedicated their careers to serving only personal injury victims. This means that each Montanez Yu attorney is experienced to deal with the above issues every single day, to help injured people get over all those problems fast and conveniently.

You, as the injured victim, should only have to be concerned about getting better. Focusing on your health and well-being must be your main focus. Otherwise, no amount of money will ever make you feel whole again. Thus, it is our job as your personal injury attorney to deal with all of the other parties and take responsibility for all of those other issues.

The other driver and/or their insurance representative is saying that I was at fault – what can I do now?

The other driver and their insurance companies and representatives do not have your best interests in mind. It is crucial that after any accident you do not discuss the facts of the case with the other driver because they may try to use this against you to blame you for the accident. Speak to a licensed personal injury attorney here at Montanez Yu and we will take over all communication with everyone, including your own insurance company.

On many occasions, we have reversed insurance company decisions to result in favorable determinations for our clients. We have reversed official police report conclusions with our independently found evidence to result in favorable liability for our clients.

We take cases denied on liability to court and fight for our clients. This is what we do. If you are in the right and there is enough evidence, we will fight for you every step of the way so you can recover what you deserve.

The other driver’s insurance representatives keep calling me and asking me questions and wanting to take my statement – do I have to cooperate?

No, you do not have to cooperate, and you definitely should not give any statement to them. This is how most insurance companies deal with victims of auto accidents – (1) contact them early, (2) get a recorded statement from the injured person before they can find an attorney, and (3) send a low-valued check in exchange for a signed settlement release – a document which, if signed, forever gives up any right to recover any money from the responsible party for the injuries (besides the low-valued check).

This check they offer early on is generally only a fraction of what you are truly owed and this money does not represent the true value of your claim. They are not looking out for your interests, at all.

Don’t get trapped into any of the above. Contact a personal injury attorney, get proper consultation, get the proper medical treatment you need, and make sure that you are properly compensated for your medical bills as well as your general pain and suffering damages. This is your legal right under California law. View our page on car crashes lawyers.