The AK Blog by Arash Law - California Injury Attorneys - Page 1

TL;DR: California imposes no general cap on personal injury damages, allowing recovery of medical bills, lost wages, and pain and suffering based on actual losses. However, insurance policy limits, comparative negligence rules, and uninsured driver restrictions can significantly reduce what you ultimately receive, and a 2-year statute of lim...

TL;DR: Headphone use can contribute to pedestrian accidents by masking warning sounds and reducing awareness, but no reliable national count shows how many crashes it causes. One review identified 116 reported U.S. cases involving possible headphone use, though it did not prove causation in each case. In California, wearing headphones does n...

TL;DR: In California, the driver, motorcycle rider, or both may be at fault in a lane-splitting crash. Lane splitting is legal, so the rider is not automatically responsible. Fault depends on whether either party acted negligently, and compensation is reduced by the injured person’s percentage of fault.

TL;DR: Insurers determine who was at fault by reviewing police reports, vehicle damage, witness statements, dashcam video, and EDR data under California’s pure comparative negligence rules. This allows you to recover compensation even if you share some blame, but reduces your award by your assigned fault percentage. This makes evidence prese...

TL;DR: Yes, you can be sued if an accident was not your fault, but the opposing party generally must prove your conduct caused the claimed harm. Accident victims may face default risk if they miss response deadlines, while photos, witnesses, reports, and insurance records can help defeat unsupported claims.