According to the National Highway Traffic and Safety Administration (NHTSA), approximately 94% of car accidents are due to human error. Innovators have imagined a world where our faults would no longer endanger each other on the road.

Today, self-driving cars seem to be a permanent reality, especially in Arizona where Uber had been testing its autonomous vehicles. While many passengers arrived unharmed, one self-driving car hit and killed a pedestrian on March 18, 2018.

As self-driving vehicles enter our roads, the chances of self-driving car accidents will inevitably increase. However, some autonomous vehicles makers, like Zoox, are focusing on safety to prevent crashes.

Potential Claims for Self-Driving Car Accident Victims

Although the law surrounding self-driving vehicles is widely unsettled, Nevada and California have determined that the operator of the car (the person who “causes the technology to engage”) is responsible if there is an accident.

How An Accident Attorney Can Help You

If you have been injured in a self-driving car accident, do not hesitate to give us a call. Your recovery can hinge on whether or not you have an experienced accident lawyer on your side.

An insurance company will try to minimize your injuries to save themselves as much money as possible. Do not go it alone. At Negretti & Associates, we will negotiate with the insurance company on your behalf to get you the maximum compensation you deserve for your current and future medical treatment, property damage, and lost wages.

We will vigilantly defend your rights and pursue any rightful claims for damages, medical expenses, and compensation for the pain and suffering you have endured. We also understand the importance of securing compensation for future medical treatment. We will also help you collect compensation for the time you have to take off from work to deal with your injuries. Learn more about auto accident cases.

Our team of accident attorneys knows what it takes to win. We promise to fully investigate your claim and make sure you get the recovery you deserve. If you’d like to schedule a free consultation, please call us at 602-531-3911 or click here to email us.

Watch Negretti & Associates’ Jonathan Negretti on AZTV 7’s Daily Mix show, discussing scooter accident liability, and how the fine print found in scooter companies’ terms-of-service agreements can impact riders.

---

Electric scooters seem to be everywhere. It has now become commonplace to see one, two or sometimes three different scooter companies represented on any given street corner. Scooters are pay-per-ride, so they are freely transported all over town, as more and more people are utilizing them.

Yet, just as scooter usage has exploded in popularity, so have scooter accidents:

• According to the Arizona Republic, scooter accidents in metro Phoenix just hit triple digits.
• Meantime, a UCLA study found that one-third of scooter-related emergency-room visits have involved delivery by ambulances — an indication of how serious injuries related to scooter accidents can be.

Scooter accidents range from minor to catastrophic. Riders have landed in the hospital with injuries ranging from severe gravel rash to knocked-out teeth, ripped-out toenails, detached biceps, and traumatic brain injuries.

Across the country there are stories of riders being killed while riding on scooters. Some cities are continuing to study safety measures to ensure that scooter riders avoid accidents. Officials in some cities, including San Francisco and Santa Monica, have temporarily banned electric scooters and filed criminal complaints against the companies behind them for operating without a business permit.

Who Is at Fault in a Scooter Accident?

What happens if you are involved in an accident while riding a scooter? Does the scooter company offer insurance to cover you? If you are involved in an accident with an automobile, does their insurance cover you? If you have auto insurance, does it cover you as a rider of a scooter?

It’s important to figure out who is at fault before you can figure out who is responsible to pay for your injuries. As you probably guessed, many insurance policies were drafted well before the advent of these scooters. The language in a policy will be critical to determining coverage.

If you find yourself in this situation, it would be a good idea to give the attorneys at Negretti & Associates a call, so that we can review your policy for potential coverage.

Common Types of Scooter Accidents

Scooter accidents include the following:

• Scooter driver hit by another vehicle.
• Pedestrians tripping on abandoned scooters.
• Scooter crash due to road hazards like potholes.
• Crash due to malfunctioned or defective scooter.

If you are riding a scooter and you are hit by another vehicle, that vehicle’s insurance company may cover your claim. Additionally, your own auto insurance coverage may apply, depending on the language in your policy. Homeowners insurance could also apply, depending on the policy.

In a scenario in which a pedestrian trips over a scooter that was abandoned, the pedestrian might have a claim against the scooter manufacturer, as well as the city or private property owner where the scooter was located when the pedestrian fell.

If the scooter rider hits a pothole and suffers injuries, the city would be the most likely be the culprit. Obviously, it is not as easy as pointing the finger at the city. The scooter rider would have to present a notice of claim to the city establishing their claim and be able to demonstrate that the pothole was a “dangerous condition” that the scooter rider couldn’t see before encountering it.

Lastly, if a scooter rider is injured because of a defective scooter, that could trigger a product liability claim against the manufacture of the scooter. These types of claims can be very complicated and expensive to pursue.

Why Call Negretti & Associates?

If you have been injured while riding a scooter, it would be a good idea to contact the attorneys at Negretti & Associates. We can discuss your particular facts and circumstances, and help you determine whether you have a viable claim.

Within the field of personal injury law, pain and suffering is a general term that refers to classifying damages. It is the physical and emotional stress caused by an accident — the “hassle factor” for having to deal with the aftermath of an accident. It can include those everyday aches and pains, as well as emotional distress that others may not notice.

After an accident, a victim cannot “sue” for pain and suffering. However, one can file a lawsuit for the negligence caused by another party — and damages resulting from that negligence.

Factors Influencing How Pain and Suffering Damages Are Calculated

Unfortunately, there is no magic formula for calculating what one should be paid for pain and suffering damages. That’s because pain and suffering is specific to each individual claimant. As individuals, we have different daily activities and we experience pain differently.

Many pain and suffering calculators are available online, but their calculations can be way off the mark. This is because online pain and suffering calculators often take a one-size-fits-all approach to valuing claims. They commonly do not take into account the state or county in which accidents occur.

The location of an accident is an important factor when calculating pain and suffering damages. A state or county with a more conservative population could award less in damages than a state or county with a more liberal population. By diving deeper into where an accident occurred and gaining a better understanding of the jury pool in a state or county, we can produce more accurate case valuations.

Additionally, online calculators don’t have a way to enter data related to pain and suffering. If a client requires treatment for more than one year before they are well again, that factor is vital to determining his or her pain and suffering.

Online calculators simply don’t have a way to capture that information and provide an accurate assessment of case value. Online calculators often give false expectations and, as a result, tend to leave clients disappointed and confused.

How Much Is the Average Settlement for a Car Accident?

There is no such thing as an average settlement for a car accident. That is because no two car accidents are exactly same. In fact, at Negretti & Associates we sometimes represent multiple people involved in the same car accident, and each person’s injuries are different. In other words, each person’s settlement will vary depending on his or her injuries.

Rather than trying to figure out an average settlement, you really should be trying to determine whether your settlement is fair to you, based on your specific set of circumstances.

How Much Do Insurance Companies Pay for Pain and Suffering?

The amount insurance companies pay for pain and suffering depends greatly on the type of injury suffered and the specific facts of a case. For example, someone who has neck pain would be compensated differently from someone who breaks a leg. Additionally, someone who goes to urgent care and doesn’t follow up with any other treatment would be paid differently from someone who goes to the ER and then follows up with 8 weeks of physical therapy.

The Pain and Suffering Multiplier

Decades ago, it was customary for insurance companies to pay a so-called pain-and-suffering “multiplier” to accident claimants. Insurance companies would “multiply” medical bills to determine pain and suffering.

Insurance companies stopped valuing claims with a pain and suffering multiplier after realizing that they were losing too much money. Instead, they developed sophisticated software programs that analyze data and compute case values. Software completely removed the human element from the process and has dramatically changed the way cases are valued.

If someone has told you that you should “look into collecting on a pain and suffering multiplier” for your accident claim, you will be disappointed to learn that insurance companies no longer do this.

Currently, you will be compensated based on factors such as the severity of the injury, the length of treatment, and the pain and suffering experienced. This will not equate to a multiplier of your pain and suffering.

Can You File a Pain and Suffering Claim Without a Lawyer?

You can certainly file a claim to recover for pain and suffering without a lawyer. However, without a lawyer, you will most likely collect much, much less. This is not because a lawyer has a magic set of skills. It is because a good lawyer will take the time to work with you, to understand all of the damages suffered, and how to properly present those to the insurance company.

Additionally, a great lawyer will work on the back-end of the settlement, to reduce the money that the client may owe to third-parties — for example, medical providers — and to ensure the client nets the best possible result.

At Negretti & Associates, we pride ourselves on our honest approach to your case value. Through experience we have developed a case valuation tool that helps us arrive at a settlement range for each case, based on specific facts.

Please give us a call to discuss your settlement and we will do our best to give you valuable feedback, so that you can make an educated decision on whether or not to settle your claim.

Call us in Arizona at 602-531-3911, in California at 619-777-3370, and 720-636-3444 in Colorado. Or, you can click here to contact us with our online form. We’ll be happy to talk with you.

It is no secret that distracted driving continues to be on the rise. According to the California Office of Traffic Safety, 80% of vehicle collisions involve some aspect of driver inattention.

According to California distracted driving law, anything that takes your full attention off the road is considered distracted driving.

Texting and Phone Use

Using a handheld device while driving is illegal in California. Judges and juries often award huge recoveries to those who are injured by a driver who was using his cell phone at the time of the incident.

Fast Food

Although eating while driving isn’t prohibited, it is still a major cause of distracted driving accidents. Foods that may require special attention, like the ones that you dip into sauces, are common culprits for distracted driving accidents.

Personal Grooming

Whether its touching up your mascara or shaving before an important meeting, any form of personal grooming while behind the wheel is considered to be distracted driving. Although countless drivers engage in this hazardous form of multitasking, it can also be a massive problem if it results in a car crash.

Rowdy Passengers, Children in the Backseat, Bending Down to Reach the Floor

As mentioned before, anything that takes your full attention off the road is considered distracted driving. Be wary of distracted drivers not looking or paying attention to the road and their surroundings.

Your Potential Distracted Driving Claim

No matter what state you are in, if you have been injured in an auto accident caused by a distracted driver, that person is at fault.

In these cases, the distracted driver and their insurance company are responsible for paying for your damaged vehicle, medical bills, lost wages, and pain and suffering.

If you know if the other driver was texting, eating, meddling with passengers, or distracted for any other reason, it’s important to mention it the police officer writing up the report. Your truthful statement will help build up your future claim.

How An Accident Attorney Can Help You

Your recovery can hinge on whether or not you have an experienced accident lawyer on your side.

An insurance company will try to minimize your injuries to save themselves as much money as possible. Do not go it alone. At Negretti & Associates, we will negotiate with the insurance company on your behalf to get you the maximum compensation you deserve for your current and future medical treatment, property damage, and lost wages.

Our team of accident attorneys knows what it takes to win. We promise to fully investigate your claim and make sure you get the recovery you deserve. If you have been involved in an accident with a distracted driver in California, we invite you to schedule a free consultation with our firm by calling 619-777-3370 or contacting us online.

According to a study from the Center for Disease Control (CDC), approximately 4.7 million dog bites occur nationwide each year. Of these incidents, California ranks highest in the nation for fatal attacks.

Unfortunately, some of the worst injury cases we’ve seen at Negretti & Associates have been the result of vicious attacks by dogs. The most common injuries are permanent nerve damage and scarring as bites often puncture deep into skin and muscle.

Damage claims are common after a dog bite incidents. In fact, insurance carriers pay over $1 billion every year in animal bite claims annually, and over a third of all funds paid out through homeowners’ liability claims arise from dog bite claims.

Regardless, it is nearly impossible for the average person to recover the proper compensation for these serious long-term effects of dog bites on his or her own.

California Dog Owners Are Liable for Dog Bites

California dog bite laws are clear on assigning liability for dog bites. Section 3342 of California Civil Code creates strict liability for dog owners when their dogs bite someone in public or on private property. This means that the dog owner cannot avoid liability for injuries his or her dog has caused to someone by simply claiming that they took reasonable care to restrain the dog.

Contrary to popular belief, a dog’s history of viciousness has no bearing on the owner’s liability. Owners are liable even for first-time attacks.

However, a dog bite victim cannot have provoked the dog or have been trespassing on dog-owner’s property during the attack. If this occurs, the dog owner may no longer be liable. Yet, dog owners are still required to display ample warnings around their property to warn potential trespassers of an aggressive canine. If they fail to warn, they could still be held liable for any harm caused to an intruder who is subsequently attacked.

No Bite Is Too Small

Bites of all sizes can be grounds to pursue a dog bite accident claim. There is no need for you to suffer physically, mentally, or financially after your dog bite.

Attacked While Running in Your Neighborhood

Dog attacks on runners are all too common in California. The permissive weather often lures runners into neighborhood streets year-round. If you are bitten by a dog while out running, the dog’s owner likely has a duty to cover the costs of your injuries in addition to other costs.

Dog Walker’s Liability

There have been many instances where a dog walker or handler will simply lose control of a dog while out in public, leading to someone being bitten. Unless that dog walker or handler does something provoke the dog to bite someone, they are not liable. Rather, the owner of the attacking dog is liable for any injuries caused to a person, even if the dog was under another’s control.

A Family or Friend’s Dog

Many dog bites come from the dogs of our friends and family members. This puts victims in an uncomfortable situation. On one hand, you have suffered an injury and deserve compensation. On the other, you don’t want to compromise your relationship with loved ones.

You shouldn’t worry! Dog bite victims need only file a claim against their insurance company, namely homeowners or renters insurance. If they have coverage, your rightful recovery will come from directly their insurance company and not from their pockets.

You may also be concerned that the pet will be put down if you report the incident or pursue your claim. If this was an isolated occurrence, be rest assured that the dog will probably not be put down.

You Have Two Years

A claim for a dog bite injury would be considered a personal injury lawsuit. California’s statute of limitations on personal injury cases gives you two years following the date of the attack to file a lawsuit and, in turn, protect your claim. If you were to file your case after the two-year deadline has passed, you will most likely lose your right to recovery.

How A Dog Bite Attorney Can Help You

The outcome of your dog bite can hinge on whether or not you have an experienced dig bite lawyer on your side.

The experienced dog bite lawyers at Negretti & Associates know California dog bite laws and are ready to fight for you. We’ll vigilantly defend your rights and pursue any rightful claims for damages, medical expenses, and compensation for the pain and suffering you have endured.

We also understand the importance of securing compensation for future medical treatment, which is necessary for scar revisions common to dog bite cases. We will also help you collect compensation for time you have to take off from work to deal with your injuries.

To discuss your circumstances with a dog bite attorney in California at Negretti & Associates, call us at (619) 777-3370, contact us online, or send us a text.