How Does An Accident Affect A Car Lease?

Leasing a car is a great option for those folks who may not be able to afford to buy one. Nonetheless, there are some perks associated with leasing a car, specially if you get into a car accident. For example, if you own a car and it is involved in a car accident, this can show up in a report such as a Carfax and this will undoubtedly lower the resale price of your car.  On the other hand if you lease a car you will not carry the burden of the decrease in value because the manufacturer does. However, as you may already know, when you lease a car you’re required to have insurance as you’re still expected to return the car in one piece. Here is when an experienced attorney may come in handy.

 

When you experience a car accident in a leased car, in addition to notifying your dealer, you will need to pass through the same hurdles you would had you gotten in a car accident with your own car. Of course, at first you should be concerned with your safety and health and then those of other drivers and passengers.Then, it is always helpful to get the names and numbers of witnesses to the event. If law enforcement is called, they will also write up a police report. Finally, the other driver’s insurance companies will take the available information to assess whether you will receive any compensation and how much. Often times, they decide you will receive nothing or less than you truly deserve. If the other driver’s insurance company denies your claim, you may be left to go through your own insurance, pay their deductible and recover on your own.

 

Fortunately, even if the other driver’s insurance company denies your claim or does not compensate you properly, you may still fight to get the compensation money you deserve. A top car accident attorney can conduct his or her own investigation and reveal facts that may have been omitted my law enforcement. Additionally, because attorneys can file a lawsuit at any time, they typically get more leverage when negotiating a fairer settlement with the other driver’s insurance company. This means that a top personal injury attorney negotiates for medical bills, property damage, lost income, pain and suffering and in some cases even punitive damages.

 

Here at LA Jewish Lawyer we’ve build a network of courtroom-experienced top attorneys that can deal with the law and insurance companies while you focus on recovery. If you’ve been involved in an accident in a leased car, call LA Jewish Lawyer at 855 977 1212 for a Free Consultation with an attorney.

15 + 7 =

USING CALIFORNIA DMV FORMS TO GET INFORMATION ABOUT A CAR ACCIDENT

Injury Lawyer

California DMV Form SR-1

 

In California, the law requires that traffic accidents on street, highway, or private property to be reported to the Department of Motor Vehicles within ten days of the accident if there was an injury, death, or property damage more than $1,000.00. Untimely reporting of the traffic accident to the Department of Motor Vehicles could result in the Department of Motor Vehicle suspending a driver license. California Vehicle Code § 1806 requires the Department of Motor Vehicles to record accident information regardless of fault and requires that the driver file an SR-1 form with the Department of Motor Vehicles regardless of whether they caused the collision.

 

The form can be found at https://www.dmv.ca.gov/web/eng_pdf/sr1.pdf and there are no fees for submitting the form. It can be mailed to:

 

Department of Motor Vehicles

P.O. Box 942884

Sacramento, CA 94284-0884

 

California DMV Form SR-19

 

This form can be used to obtain insurance information of a vehicle, a photocopy of a reported DMV Form SR-1, or an uninsured motorist certificate. This can be useful to obtain insurance information of another driver or to confirm that the other driver does not have insurance for the incident. This can then be used to open up a claim for uninsured motorist under an insurance policy.

 

The form can be found at https://www.dmv.ca.gov/portal/wcm/connect/4acbfc87-082f-4183-b307-8db1c82f7cac/sr19c.pdf?MOD=AJPERES&CVID= and must be submitted to the Department of Motor Vehicles with a nonrefundable fee of $20.00 and can be mailed to:

 

Department of Motor Vehicles

Financial Responsibility Department

P.O. Box 942884

Mail Station J237

Sacramento, CA 94284-0884

 

California DMV Form INF 1161E

 

In a pending civil or criminal action, this form can be used by an attorney licensed to practice in California to obtain driver’s license information or vehicle registration records of another vehicle. This is useful with collision reports do not have the correct information or in cases of a hit and run.

 

The form can be found at https://www.dmv.ca.gov/portal/wcm/connect/7a06a225-a00a-49be-b994-479c72a9fa04/inf1161e.pdf?MOD=AJPERES&CVID= and must be submitted to the Department of Motor Vehicles with the appropriate fees and mailed to:

 

Department of Motor Vehicles

Public Operations – G199

P.O. Box 944247

Sacramento, CA 94244-2470

 

Consult with an attorney

 

Lawyers are not experts in math, but they are experts in the law. Following an auto accident, it is important to have an attorney when reporting a claim to make sure all rights are protected and to ensure maximum recovery of the claim. Regardless of whether there are any injuries or damages, if an accident is being reported, an attorney should be consulted.

 

Do not wait, never hesitate, and reach out to a professional attorney who is ready to work for you.  

 

Location: Los Angeles, CA 91403

Consultation: Free - 60 minutes

Tel: (310) 363-0551

Email: jonathan [ at ] ellisbakh.com

 

 

Jonathan Bakhsheshian , Esq.

is an associate attorney at Ellis & Bakh, LLP where he specializes in wrongful death and catastrophic injury litigation.
He obtained his Bachelor of Arts in Philosophy at the University of California, Los Angeles and earned his Juris Doctorate from Pepperdine University School of Law. At Pepperdine, Jonathan was the Lead Articles Editor of the Pepperdine Dispute Resolution Law Journal and a lead member of the negotiations and mediations Team. He competed in several nationwide and international negotiation and mediation competitions. Jonathan continued his studies at the number one, nationally-ranked Straus Institute for Dispute Resolution and obtained his Masters in Dispute Resolution.

In addition to his classroom training, Jonathan externed for the United States District Court, Central District of California; United States Attorney’s Office, Department of Justice; Honorable Judge Robert Kwan, Bankruptcy Judge of the United States Bankruptcy Court for the Central District of California; Los Angeles Superior Court; and for the Los Angeles District Attorney’s Office.

Jonathan is dedicated to the principal and philosophy that every injured victim is entitled to the best representation, regardless of their personal financial status or complexity of their case. Jonathan prides himself on being a tough, creative, and fair legal advocate for all of his clients.

 

TERMS & CONDITIONS FOR ATTORNEY-WRITTEN BLOGS

 

This article is made available by the posting attorney for educational and/or discussion purposes only, as well as to give the reader some general information and a superficial understanding of legal terms, but certainly not to provide specific legal advice.  The article does not constitute either formal or informal legal advice, and is not a solicitation for the provision of legal services.  Under some interpretations of the legal ethics rules, some or all material in this article may be considered attorney advertising, but it is certainly not legal advice, and was never intended to provide legal advice.  The hiring of a lawyer is an important decision that should not be based upon advertisements, including any posted articles such as this one.  Every legal matter is different.  No specific results are implied by any discussion provided in any article, and no specific results could be achieved.

 

When reading this article, the reader must understand that there is no Attorney-Client relationship between the reader and the posting attorney.  An attorney-client relationship is established only when there is either a Contract between the parties, or a private, confidential meeting and/or communications between the Attorney and the client.

 

The posted article may be changed, improved, or updated without notice.  The posted article is basically an expression of opinions and thoughts, and the posting attorney makes no representations as to accuracy, completeness, or validity of any information in the article, or otherwise on this website.  The posting attorney will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use, in any way or form.

 

This article should not, and cannot, be used as a substitute for competent legal advice from a licensed professional attorney in your state.  This material does not constitute legal advice, and no reader should act or refrain from acting on the basis of any information contained in the posted article, without seeking appropriate legal or other professional advice on that reader’s particular circumstances.

 

Furthermore, the posting attorney does not endorse any content provided on this website, including any blogs or articles posted by others on this website, and is not associated with the publisher or the website, in any way or form.

You Agree to the Terms and Conditions Disclaimer

7 + 8 =

SHOULD I REPORT A MINOR CAR ACCIDENT TO MY INSURANCE?

Accident Injury Lawyer

In California, the law requires that traffic accidents on street, highway, or private property to be reported to the Department of Motor Vehicles within ten days of the accident if there was an injury, death, or property damage more than $1,000.00. Untimely reporting of the traffic accident to the Department of Motor Vehicles could result in the Department of Motor Vehicle suspending a driver license. California Vehicle Code § 1806 requires the Department of Motor Vehicles to record accident information regardless of fault and requires that the driver file an SR-1 form with the Department of Motor Vehicles regardless of whether they caused the collision.

Some drivers who are involved in a small auto collision try to avoid reporting the accident to their insurance for several reasons. First, these types of drivers assume that their insurance rates will increase because of reporting the incident. Second, these drivers sometimes assume that things can be worked out with the other driver without involving the insurance companies. Third, these drivers assume that there is little or no damage – or injuries.

  1. I Don’t Want My Insurance Rates To Increase

The non-fault driver should not have an insurance rate increase for reporting the incident to their insurance carrier. This should apply even if they are using their collision, comprehensive, uninsured motorist, or underinsured motorist coverage. However, some insurance companies have complete discretion to remove any applicable discounts, such as good driver discounts or no accident discounts. As a result, the non-fault party’s insurance may still increase.

  1. I Will Just Work It Out With The Other Driver

Accidents never work out with other drivers. Often, little damage and/or scratches could cost a few hundred dollars – but once a body shop inspects the vehicle, often times, they will find internal damage, or the cost of the paint is more than expected. The at-fault driver may not have the funds to pay out right away. This may cause the non-fault party to pay out of pocket. If no payment is made, reporting the incident to the insurance company after a few weeks may cause some doubts and possible denial of the claim.

  1. I Was Not Hurt Immediately After The Accident

Thousands of car accidents occur every day that occur at a relatively low speed of 10mph or less. This is enough speed to cause whiplash when there’s a sudden stopping motion or an impact from behind which causes a person’s neck to snap forward and backwards quickly. The symptoms may not appear right away and take a few weeks to appear. It also does not take much force at all to cause a brain to rock against the inside of a skull. This can lead to bruising or bleeding of the brain. A low impact car accident can easily cause back or spinal cord injuries. The spinal cord can be tweaked from low impact, and the smallest tweak the wrong way could cause long term pain.

The first thing everyone should do when they are involved in a collision is to seek medical attention. Call 9-1-1 and wait for ambulance and emergency personnel to arrive at the scene to assess and address any injuries. No one should take any risks with their health. Many injuries such as spinal cord injuries, concussion symptoms, and other internal injuries can arise a few days following the collision. Those involved in an auto collision should always seek medical attention to make sure there are no potential injuries. Following up with a primary doctor just after a few days can do no harm.

Consult with an attorney

Lawyers are not experts in math, but they are experts in the law. Following an auto accident, it is important to have an attorney when reporting a claim to make sure all rights are protected and to ensure maximum recovery of the claim. Regardless of whether there are any injuries or damages, if an accident is being reported, seek consultation with an attorney.

Do not wait, never hesitate, and reach out to a professional attorney who is ready to work for you.

 

Location: Los Angeles, CA 91403

Consultation: Free - 60 minutes

Tel: (310) 363-0551

Email: jonathan [ at ] ellisbakh.com

 

 

Jonathan Bakhsheshian , Esq.

is an associate attorney at Ellis & Bakh, LLP where he specializes in wrongful death and catastrophic injury litigation.
He obtained his Bachelor of Arts in Philosophy at the University of California, Los Angeles and earned his Juris Doctorate from Pepperdine University School of Law. At Pepperdine, Jonathan was the Lead Articles Editor of the Pepperdine Dispute Resolution Law Journal and a lead member of the negotiations and mediations Team. He competed in several nationwide and international negotiation and mediation competitions. Jonathan continued his studies at the number one, nationally-ranked Straus Institute for Dispute Resolution and obtained his Masters in Dispute Resolution.

In addition to his classroom training, Jonathan externed for the United States District Court, Central District of California; United States Attorney’s Office, Department of Justice; Honorable Judge Robert Kwan, Bankruptcy Judge of the United States Bankruptcy Court for the Central District of California; Los Angeles Superior Court; and for the Los Angeles District Attorney’s Office.

Jonathan is dedicated to the principal and philosophy that every injured victim is entitled to the best representation, regardless of their personal financial status or complexity of their case. Jonathan prides himself on being a tough, creative, and fair legal advocate for all of his clients.

 

TERMS & CONDITIONS FOR ATTORNEY-WRITTEN BLOGS

 

This article is made available by the posting attorney for educational and/or discussion purposes only, as well as to give the reader some general information and a superficial understanding of legal terms, but certainly not to provide specific legal advice.  The article does not constitute either formal or informal legal advice, and is not a solicitation for the provision of legal services.  Under some interpretations of the legal ethics rules, some or all material in this article may be considered attorney advertising, but it is certainly not legal advice, and was never intended to provide legal advice.  The hiring of a lawyer is an important decision that should not be based upon advertisements, including any posted articles such as this one.  Every legal matter is different.  No specific results are implied by any discussion provided in any article, and no specific results could be achieved.

 

When reading this article, the reader must understand that there is no Attorney-Client relationship between the reader and the posting attorney.  An attorney-client relationship is established only when there is either a Contract between the parties, or a private, confidential meeting and/or communications between the Attorney and the client.

 

The posted article may be changed, improved, or updated without notice.  The posted article is basically an expression of opinions and thoughts, and the posting attorney makes no representations as to accuracy, completeness, or validity of any information in the article, or otherwise on this website.  The posting attorney will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use, in any way or form.

 

This article should not, and cannot, be used as a substitute for competent legal advice from a licensed professional attorney in your state.  This material does not constitute legal advice, and no reader should act or refrain from acting on the basis of any information contained in the posted article, without seeking appropriate legal or other professional advice on that reader’s particular circumstances.

 

Furthermore, the posting attorney does not endorse any content provided on this website, including any blogs or articles posted by others on this website, and is not associated with the publisher or the website, in any way or form.

You Agree to the Terms and Conditions Disclaimer

8 + 4 =

LIME AND BIRD E-SCOOTER ACCIDENTS: WHAT NEXT?

A huge problem exists with the increase of bird and lime scooters covering the streets and sidewalks. Besides very few safety recommendations within the app, there is nothing preventing anyone from negligently and carelessly using a bird or lime scooter. There is also nothing enforcing the helmet and/or pads restrictions. Because of all of these violations, incidents have been increasing as this behavior has been exceedingly dangerous.

 

Severe Injuries As A Result Of Dangerous Use Of Electric Scooters

 

Common electric scooter incidents include:

 

  • A scooter strikes a pedestrian as they cross at an intersection;
  • A scooter crashes into a vehicle;
  • A pedestrian falls over an abandoned scooter on the sidewalk;
  • A scooter hits debris in the road and loses control; and
  • A vehicle hits a scooter deliberately out of frustration.

 

Thousands of car accidents occur every day that occur at a relatively low speed of 10mph or less. This is enough speed to cause whiplash when there’s a sudden stopping motion or an impact from behind which causes a person’s neck to snap forward and backwards quickly. The symptoms may not appear right away and take a few weeks to appear. It also does not take much force at all to cause a brain to rock against the inside of a skull. This can lead to bruising or bleeding of the brain. A low impact car accident can easily cause back or spinal cord injuries. The spinal cord can be tweaked from low impact, and the smallest tweak the wrong way could cause long term pain.

 

Risks Involved In Using An Electric Scooter

 

There’s no barrier between a rider or other vehicles. Some scooters are also vandalized and could have missing or loose parts. Some drivers also ride while intoxicated or under the influence. Often, the riders absorb most of the shock from hitting a rock or a small bump, causing them to lose control and fall off. Scooters also don’t have sufficient stability. And most notably, most riders are inexperienced. Others carry groceries, heavy items, are distracted with head phones, or are illegally carrying a second passenger.

 

If You Are An Injured Rider, Seek Medical Attention

 

The first thing everyone should do when they are involved in a collision is to seek medical attention. Call 9-1-1 and wait for ambulance and emergency personnel to arrive at the scene to assess and address any injuries. No one should take any risks with their health. Many injuries such as spinal cord injuries, concussion symptoms, and other internal injuries can arise a few days following the collision. Those involved in an auto collision should always seek medical attention to make sure there are no potential injuries. Following up with a primary doctor just after a few days can do no harm.

 

Defects and Liable Parties

 

In some cases, the bird or lime riders may be injured as a result of a mechanical defect to the scooter itself. Often times, the underlying problem may occur with a motor malfunction, loser parts, or other mechanical problems. As a result, liable parties can include:

 

  1. The manufacturer;
  2. The distributers;
  3. The sellers; and/or
  4. The retailers.

 

Rider Negligence

 

Unfortunately, in some instances, rider negligence occurs in a variety of different ways. This includes failure to adhere to the rules of the sidewalk, wearing a helmet in certain restricted cities, or riding the scooter at an unsafe speed.  In some situations, the rental agency may be held responsible for their negligence in distributing the rentals.

 

Rental Agency Negligence

 

In certain situations, the rental agency can be liable if there was a malfunction in the scooter itself.

 

A Lawsuit Can Be Filed To Recover Medical Expenses, Time Lost From Work, Pain & Suffering, And Other Damages For An Injured Rider

 

California Civil Code § 3281 states in pertinent part, “every person who suffers detriment from Personal Injury, the unlawful act or omission of another, may recover from the person in fault a compensation in money, which is called damages.” California law limits recovery to actual harm caused to the victim. Those damages are divided into two categories: economic damages and non-economic damages.

 

Economic damages include “objectively verifiable monetary losses” which includes past and future medical expenses, past and future lost earnings, lost earning capacity, and loss of use of real property. California Civil Code § 1431(b)(1). The amount recoverable for medical care and services must be reasonably and attributable to the injuries suffered from the incident. However, when determining future medical costs, the calculation can get difficult, since the medical treatment has not yet occurred. Typically, an attorney will consult with an expert in the field to evaluate your injuries to determine any future medical care and assign a reasonable value to the care.

 

Contrary to economic damages, non-economic damages include “subjective non-monetary losses” which includes pain, suffering, inconvenience, mental suffering, emotional distress, loss of companionship, injury to reputation, and humiliation. California Civil Code § 1431(b)(2). Emotional injuries include mental injuries such as fear, insomnia, grief, worry, inconvenience and the loss of enjoyment of life.

 

California Civil Procedure Code § 335 states that all claims for personal injuries must be brought within two years of the incident.

 

Consult with an attorney

 

Lawyers are not experts in math, but they are experts in the law. Dealing with insurance companies and reporting a claim can be tricky and hard. Big insurance companies are not scared of individuals. Make sure to have a strong advocate on your side. An attorney should be consulted before pursuing a claim.

 

Do not wait, never hesitate, and reach out to a professional attorney who is ready to work for you.

 

Location: Los Angeles, CA 91403

Consultation: Free - 60 minutes

Tel: (310) 363-0551

Email: jonathan [ at ] ellisbakh.com

 

 

Jonathan Bakhsheshian , Esq.

is an associate attorney at Ellis & Bakh, LLP where he specializes in wrongful death and catastrophic injury litigation.
He obtained his Bachelor of Arts in Philosophy at the University of California, Los Angeles and earned his Juris Doctorate from Pepperdine University School of Law. At Pepperdine, Jonathan was the Lead Articles Editor of the Pepperdine Dispute Resolution Law Journal and a lead member of the negotiations and mediations Team. He competed in several nationwide and international negotiation and mediation competitions. Jonathan continued his studies at the number one, nationally-ranked Straus Institute for Dispute Resolution and obtained his Masters in Dispute Resolution.

In addition to his classroom training, Jonathan externed for the United States District Court, Central District of California; United States Attorney’s Office, Department of Justice; Honorable Judge Robert Kwan, Bankruptcy Judge of the United States Bankruptcy Court for the Central District of California; Los Angeles Superior Court; and for the Los Angeles District Attorney’s Office.

Jonathan is dedicated to the principal and philosophy that every injured victim is entitled to the best representation, regardless of their personal financial status or complexity of their case. Jonathan prides himself on being a tough, creative, and fair legal advocate for all of his clients.

 

TERMS & CONDITIONS FOR ATTORNEY-WRITTEN BLOGS

 

This article is made available by the posting attorney for educational and/or discussion purposes only, as well as to give the reader some general information and a superficial understanding of legal terms, but certainly not to provide specific legal advice.  The article does not constitute either formal or informal legal advice, and is not a solicitation for the provision of legal services.  Under some interpretations of the legal ethics rules, some or all material in this article may be considered attorney advertising, but it is certainly not legal advice, and was never intended to provide legal advice.  The hiring of a lawyer is an important decision that should not be based upon advertisements, including any posted articles such as this one.  Every legal matter is different.  No specific results are implied by any discussion provided in any article, and no specific results could be achieved.

 

When reading this article, the reader must understand that there is no Attorney-Client relationship between the reader and the posting attorney.  An attorney-client relationship is established only when there is either a Contract between the parties, or a private, confidential meeting and/or communications between the Attorney and the client.

 

The posted article may be changed, improved, or updated without notice.  The posted article is basically an expression of opinions and thoughts, and the posting attorney makes no representations as to accuracy, completeness, or validity of any information in the article, or otherwise on this website.  The posting attorney will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use, in any way or form.

 

This article should not, and cannot, be used as a substitute for competent legal advice from a licensed professional attorney in your state.  This material does not constitute legal advice, and no reader should act or refrain from acting on the basis of any information contained in the posted article, without seeking appropriate legal or other professional advice on that reader’s particular circumstances.

 

Furthermore, the posting attorney does not endorse any content provided on this website, including any blogs or articles posted by others on this website, and is not associated with the publisher or the website, in any way or form.

You Agree to the Terms and Conditions Disclaimer

6 + 8 =

BREAKING NEWS / JANUARY 01, 2017 / NEW LEGISLATION ENCOURAGES CO-HABITATION DURING DIVORCE

For many years, California Divorce Attorneys have fought ferociously in Family Court over the issue of when – exactly – is the “Date of Separation” in a case where the divorcing spouses continue to dwell in the same house.

But now, finally, the California State Legislature has spoken.  As of January 01, 2017, if Husband and Wife both intend to get a divorce, and have ceased sleeping together and comingling funds as well as “fun,” then they can be legally “Separated,” even if they are living under the same roof.

In an acknowledgment of the weak California economy, and the consequent housing shortage, as well as the public policy of not unnecessarily causing one of the divorcing spouses to become “Homeless” … usually the Husband … Governor Jerry Brown has signed legislation — SB 1255 — which will take effect in January 2017, allowing divorcing couples to be considered legally “Separated,” while still living in the same house.  Under prior California Case Law, the fact that the couple lived under the same roof was usually taken as an indication that they were not legally “Separated.”

This important new law was written and advocated by Senator John Moorlach (R-Costa Mesa).  He believed it was necessary to change the Family Code language because many spouses wish to separate legally in order to protect their personal finances, but also, wish to continue sharing a residence in order to save costs during their divorce. 

 

Thus, SB 1255 should better reflect the reality of modern divorce experiences.

 

While the amended Family Code sections do provide clarity and allow couples more post-separation flexibility, it is important to note that SB 1255 may not be the end of legal disputes about separation dates—in the coming years, case law will further refine the relevant legislative provisions. 

 

Additionally, couples in the process of a divorce should not let SB 1255 pass by them unnoticed because when the new law goes into effect on January 01, 2017, it may retroactively apply to any cases pending on that date, but this issue still needs to be resolved and addressed by the Family Courts in California.

 

Since there are some complicated and confusing issues, you should consult now  — right away! — with your Family Law attorney to develop a “date of separation” strategy that is in your best interest.

 

If you are considering a legal separation or divorce, please contact the experienced family law attorneys at Los Angeles Jewish Lawyers – we can help you navigate the effects of SB 1255 and answer any questions you may have about how the new law will impact your divorce. 

 

The sooner you understand how SB 1255 will affect your legal plans, the better you can prepare for the new rule when it goes into to effect on January 01, 2017.

As before, but to a somewhat lesser extent, the nuances of what a divorcing couple does  –  or does not do  –  while living under the same roof could alter the Family Court’s decision as to their legal status, e.g., the sharing of credit cards and bank accounts, the giving and receiving of gifts, and even the exchange of written thank you notes and greeting cards, could well have been determining factors.

The status of the couple in terms of sharing of debt may be of crucial importance as well.  Generally, the martial status of the couple will determine the character of the debt at the time it was incurred.

The status of the couple’s children will also need to be considered.

We welcome the new legislation by the State of California, because children generally do better if both parents are present in the home, unless the situation involves violence or abuse, or is totally untenable in other ways.  Divorce is not pleasant for anyone involved, whether parents or children.  

Perhaps you’ve seen the 1989 movie, “War of the Roses,” in which a Divorce Attorney, played by Danny DeVito, and with the movie having also been Directed by Danny DeVito, recalls and describes to his new client – who is thinking of divorcing his wife – the sad story of Mr. and Mrs. Rose, whose horribly contentious Divorce ends very badly.  At the end, DeVito advises his potential new client, listen … why don’t you just go home, take your wife out to a nice restaurant for dinner, go back home, each of you going to a different room, on a different floor … and just don’t argue about anything … and … as Rodney King famously suggested, “just get along.”

Starting on January 01, 2017, you can live under the same roof with the spouse that you are divorcing, and still be considered as legally “Separated,” if, and only if, you do not sleep together, do not exchange holiday gifts or greeting cards, and … as at the Courthouse, always watch what you say !

 

 

 

Can Personal Injury Lawyers Reach a Peaceful Future? The Magic of Technology

I often wonder where our society is heading with the rapid exponential advancement in technology. The days of pagers and dial phones are a far distant memory that we now have a difficult time explaining to our children.

Could we have the same challenge telling our grandchildren what is/was a cell phone and why we needed a tablet? I think it is inevitable that many of today’s marvels will become old relics of which only the old and wrinkled will have a memory.

This goes also for how we do other things, for example the type of cars we drive and the technology used to keep us safe on the road inside the vehicle and in infrastructure. The cars operating on Los Angeles’ freeways are of a greater variety than just a decade ago; the major shift has been in the use of electrical vehicles. They look and drive the same as the indigenous gas monster but with finesse and a collective spirit of looking forward to …. greener planet.

But even greater developments are coming for cars. Let’s try to stretch our imagination and penetrate into a futuristic reality in which we can possibly experience a future day in our life. First cars will be driven autonomously (it has already started if you haven’t read the latest tech news) and linked to the net grid. Cars will offer each driver the best route and time to leave the house to get to their destination on time. Taking the side streets will not be needed because there will be no traffic jams. All traffic is calculated down to the second pedestrians takes their first step onto the pavement.

Now what does it mean? Will it mean no accidents or at least down to a fraction in terms of national average? Most likely, yes. A slow mutative domino effect will take place, less accidents= less injuries/fatalities = less lawsuits = less auto body-shops = less junkyards = less traffic tickets and the list goes on.

Imagine Personal Injury Attorney law firm’s staff meeting coming to the conclusion that taking on car accident cases is no longer a profitable goal for the company and they will have to cut off that specialty from their main business model? What a day!

Are we truly coming upon a technological paradigm that will shift our lives entirely and make our lives more …… peaceful?

I often ponder, what if we shifted so far out that we cut down our traditional transportation needs by 80% because, we can now travel without a car, train, boat and or plane?

What say you?

Are We Headed to a Better Future?

PERSONAL INJURY LAWYERS

Call 855-977-1212 to speak with one of our lawyers

Your consultation is Free

3 + 10 =

“Mom! I Had an Accident” – The Lawyer Story You Can Relate To

Yesterday, I was Car #2 in a seven-car accident on Olympic Boulevard in West Los Angeles, but I really don’t know what to do. We called the Police, and we all (… that is, all 7 cars … there was an 8th car, that caused the pile-up, but they sped away …) waited there for more than 45 minutes but the Police never came. Perhaps, when the “911” Operator asked, was anyone hurt, I should have said “YES,” but instead, I said “I don’t think so … “

Car Accident Attorney

Car Accident Attorney

Today, I wish I had a Car Accident Attorney “lined-up.” The truth is, I’ve never used an Attorney, and I have no idea who to call. Right now, I’m calling miscellaneous friends, asking, “have you ever been in a car accident,” and did you use an attorney. Sometimes, I’m just leaving voicemail messages. It’s silly to even think about it, but I really wish I had done this research before my car accident happened !

My neck, shoulder and back are stiffening up, and beginning to hurt. Hopefully, this is no big deal, but I’m thinking that I should go to a Chiropractor or some kind of doctor. But same story here … I really don’t know who to go to. I go to a Family Medical Clinic, and I’ve made an appointment, but they can’t see me until Friday. I know … I could go to the Emergency Room at a Hospital or Urgent Care, but I still don’t feel quite right treating this as an “Emergency.” Again, it’s really silly, but I wish I had a list of Chiropractors. I guess if I’d lined up a Car Accident Attorney before, I could call them right now, and get a referral to a Chiropractor that would treat me for free, and get paid after the insurance companies sort this out.

I’ve called my own insurance company, and reported the accident. I got the insurance information from the Driver in front of me, and behind me, but I don’t know what to do …. Am I supposed to call their insurance companies, or does my company do that ? A Car Accident Attorney would know the answer !

Here’s what I’m thinking … right away, I knew to call “911.” At my kids school, they have a list of numbers to call right away, if there’s a problem.
I really should have an “Emergency List,” with the names and numbers of a couple of Car Accident Attorneys, a couple of Chiropractors, my Family Medical Clinic number, a list of friends with cars, that could come pick me up, if I can’t drive, but don’t want to call an Ambulance. I am going to make sure I’m better prepared in the future … starting with a reliable referral to a really Good Car Accident Attorney !

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What if You Misdialed? or, Had Long Nails? – Calling a Lawyer with a Dial Telephone

Compare the diversity and capabilities of today’s phones and you would astonish the mind of anyone traveling in time from the mid 80’s. Not such a far distance on the waves of time but look at what we have accomplished. Our now “Smart” phones are more culturally integrated to our society than religion. Such a small device and yet punches through almost every aspect of our lives.

Not long ago, phones did one thing, gave us the ability to speak and listen to someone on the opposite side of the communication line. Calling involved using your finger (the index in most cases) to turn a circular dial to achieve the proper sequence. More often than non, we misdialed and what we had to do next was most annoying: Start Over! Yes it is true (for all you who are too young to know or remember). In today’s “Smart” phone you can go back and delete a number very quickly but with a dial telephone, you had to hangup the line, pick the headset again and start dialing.

Now days, calling a lawyer, can be as easy as verbally asking the phone to perform the task, hands free. It can even search for the Nearest Personal Injury Lawyer if need to purely magic to our time traveler.

Yellow pages! do you remember those heavy bulky monster books layered with thousands of thin paper?

That’s what we had to deal with. The font was so small you could easily misdialed to your attorney.

Our old dial telephone was a great tool for many years indeed but, it was “cramping-our-style”. 

 

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Long finger nails were the greatest challenge. Back in the day and even now, ladies who pick a job involving intense use of their fingertips know very well whats at stake.

You make them long and soon enough the glory, will be short or chipped away with a tear in the eye.

6 + 6 =

DEATH  BY  DMV – Should DMV Suspend Driver Licenses for Unpaid Tickets

Should the California Department of Motor Vehicles (“DMV”) suspend Driver Licenses for unpaid tickets / citations ?

You are a responsible person.  We have all been there.  You get a ticket – for anything, ranging from an Expired Parking Meter, Overnight Parking (in Beverly Hills, for example), No Parking During Rush Hour, “Rolling through” a residential Stop Sign, Photographic Intersection, Expired Registration, or even Exceeding Posted Speed Limit or speeding, etc.

For whatever reason, you never knew you’d received a Citation, never got a Court Date, or missed a Court Date, or did not have the money to pay the ticket.  You did not pay the ticket in a timely manner.  Next, your unpaid ticket account is turned over to a Cunning Collection Agency, and your amount owed doubles, even triples overnight.

Now you are faced with a dilemma, since you get a notice of suspension of your Driver License from the DMV and/or a collection agency (GC Services in LA County).  After swearing loudly, you either have to pay the ticket amount, plus a fine for your failure to appear in Court, or have your Driver License suspended.  If the latter takes place, you may not even realize it, but you are now on the proverbial slippery slope, sliding into the “Alice in Wonderland” universe of California Criminal Law.

If you (foolishly) take the risk of driving with a Suspended Driver License, you risk the possibility of being arrested and charged with a misdemeanor, i.e., driving on a suspended License.  You are then facing probation, fines and a dizzying access to the criminal “justice system” on the wrong side of the case caption (People of the State of California versus YOU).

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 But if you do NOT (foolishly) take the risk of driving with a Suspended Driver License, how are you going to earn a living ?  How will you ever support yourself and your family, and how will you pay off the tickets ?

However, just when you’re about to dial your Star Trek Phone, and say, “Beam me Up, Scottie” …. there is hope on the horizon !

There is now pending California State Legislation that would strip the DMV of their power to Suspend Driver Licenses for such minor missteps.

The question then becomes, should we allow the DMV to issue these Driver License Suspensions without the benefit of a Court Hearing in the first instance?

What happened to due process and the right to be heard?

The courts are geared to be large collection agencies for traffic tickets and minor traffic offenses.  Each day large numbers of people are herded through the system and have to pay either that day or over time (with another fee tacked on) for various traffic offenses.

If you do not have money to pay the fine, you may never get out of debt and could lose your right to legally drive.  The DMV can use civil remedies once they obtain a judgment against a defendant (you) if they can prove that there was notice given to the Defendant, and an opportunity to be heard.  By the way, who among us has never had something mis-delivered or not delivered by the U.S. Post Office at some point in time?

Shouldn’t we use our Court System for better things?  

Shouldn’t we not be complicit in allowing the Courts to act as a collection agency against those who either cannot afford the ticket payment, or who never got notice of the ticket and/or suspension in the first place?

Right now, the California Civil Justice system is way, way overloaded.  There are simply not enough Judges or Courtrooms to go around.  Various judges from the Criminal Courts are getting additional training to preside over civil cases.  Civil cases are being delayed for longer and longer time periods.  Both the United States Constitution and the California State Constitution guarantee case priority to criminal defendants because they are dealing with life and liberty, not just money.

However, in the case of poor, unfortunate individuals, or of those who did not even get notice of their traffic ticket and/or court date, we are dealing with both.

What say you ?

HOMELESS NO MORE … LEGISLATING CO-HABITATION DURING DIVORCE

For many years, California Divorce Attorneys in Los Angeles have fought ferociously in Family Court over the issue of when – exactly – is the “Date of Separation” in a case where the divorcing spouses continue to dwell in the same house.

But now, finally, the California State Legislature has spoken.  If Husband and Wife both intend to get a divorce, and have ceased sleeping together and comingling funds as well as “fun,” then they can be legally “Separated,” even if they are living under the same roof.

In an acknowledgment of the weak California economy, and the consequent housing shortage, as well as the public policy of not unnecessarily causing one of the divorcing spouses to become “Homeless” … usually the Husband … Governor Jerry Brown has signed legislation — SB 1255 — which will take effect in January 2017, allowing divorcing couples to be considered legally “Separated,” while still living in the same house.

Under prior California Case Law, the fact that the couple lived under the same roof was usually taken as an indication that they were not legally “Separated.”

The nuances of what the couple did  –  or did not do  –  while living under the same roof could alter the Family Court’s decision as to their legal status, e.g., the sharing of credit cards and bank accounts, the giving and receiving of gifts, and even the exchange of written thank you notes and greeting cards, could well have been determining factors.

The status of the couple in terms of sharing of debt may be of crucial importance as well.  Generally, the martial status of the couple will determine the character of the debt at the time it was incurred.

The status of the couple’s children will also need to be considered.

We welcome the new legislation by the State of California, because children generally do better if both parents are present in the home, unless the situation involves violence or abuse, or is totally untenable in other ways.  Divorce is not pleasant for anyone involved, whether parents or children.

Perhaps you’ve seen the 1989 movie, “War of the Roses,” in which a Divorce Attorney, played by Danny DeVito, and with the movie having also been Directed by Danny DeVito, recalls and describes to his new client – who is thinking of divorcing his wife – the sad story of Mr. and Mrs. Rose, whose horribly contentious Divorce ends very badly.  At the end, DeVito advises his potential new client, listen … why don’t you just go home, take your wife out to a nice restaurant for dinner, go back home, each of you going to a different room, on a different floor … and just don’t argue about anything … and … as Rodney King famously suggested, “just get along.”

And by the way, if you still think that the process of divorcing will be pleasant, definitely think again.  Because if you think you and your Attorney can have a private conversation outside the Family Court, then think again.  There may well be listening devices placed near the entrance, with various government entities tuning-in to your conversation.  A Federal Judge in Northern California has ruled that this practice was “unsettling,” but “not illegal.”  The Federal Court found that the eavesdropped individuals did not take steps to ensure their privacy.  This makes little sense.  It forces people to conduct audio sweeps prior to starting a conversation.

The Federal Court found that audible conversations in public areas could not provide the conversants with a reasonable expectation of privacy. The court felt that a person could hear the conversations and report back to prosecutors.

However, the one thing the Federal Court missed is that if a person sees someone near them listening, they can at least take heed, and perhaps move locations or change the volume of their conversation accordingly.

In the case of a concealed recording or transmitting device, no such protection is provided.

Let the lessons be clear … watch what you say, and where you say it; and, starting in January of 2017, you can live under the same roof with the spouse that you are divorcing, and still be considered as legally “Separated,” if, and only if, you do not sleep together, do not exchange holiday gifts or greeting cards, and … as at the Courthouse, always watch what you say !

Perhaps the best advice to a Divorcing Couple, both at home, and at the Courthouse … is … JUST  DON’T  SPEAK … AT  ALL !