Category Archives: Car Accidents

If you’re one of the many who’ve been injured in a car accident in the Golden State, you could have a claim for your damages based on the unique facts and circumstances surrounding your accident and the resulting injuries. 

A California car accident lawyer from Ernst Law Group can make the difference between recovering only a portion of the costs and damages linked to your car accident and receiving complete compensation that fully covers you into the future. 

Call (805) 541-0300 or contact us online if you’ve been injured in a car accident to learn how we can help you. 

Continue reading to learn more about the startling collision statistics in California, why some drivers are more at risk than others, and about the particular times of day that might increase your risk of being involved in an accident.

California car accident statistics 

According to the Statewide Integrated Traffic Records System (SWITRS), a system which collects and processes data from collisions, in 2019,

(H3) Certain groups and ages have a higher risk of traffic fatality

CHP’s 2019 SWITRS report also showed that in 2019, male drivers were at-fault in fatal accidents 361% more often than females, and that they were at fault 164% more than females in injury accidents.

The reports also indicate that there’s a drastic difference between the at-fault driver’s age in fatal and injury crashes between males and females. Here’s a look at the ten ages or age groups that were found to be at-fault most often. 

Time of day with the highest risk of traffic fatalities 

The 2019 SWITRS report indicated that for injury accidents, nearly twice as many collisions happened in the PM hours compared to the AM hours. Predictably, the most accidents-per-hour occurred during prime commuting times, with the most happening on Fridays:

• 9,939 accidents between 8:00am and 8:59am followed very closely by 7:00am-7:59am with 9,664 collisions 
• 15,156 occurring between 5:00pm and 5:59pm
• 30,086 injury accidents on Fridays compared to 26,228 on Mondays.

Fatal crashes follow a different pattern with 70% of them occurring in the AM hours, and:

• 159 between 5:00am and 5:59am
• 216 between 9:00pm and 9:59pm
• 570 fatal accidents on Saturdays, followed by Fridays with 543, and 535 on Sundays.

Factors behind the increase in fatal crashes at night and early morning 

Driver attentiveness and responsibility are what support a safe driving environment at any time of day. However, during commuting times drivers might be more likely to be distracted thinking about work or might even be handling work calls, texts, and emails while they drive–distracted driving can lead to more accidents. Accidents on the weekends, especially in the late hours, are more likely to be alcohol-related, which was the highest-frequency cause of fatal accidents in 2019, 2018, 2017, and 2016.

Pedestrian violations were another high cause of fatal accidents, so special attention should be paid to areas with pedestrian traffic.

In 2019, traveling at unsafe speeds was the most frequent cause of injury accidents (59,399), followed by automobile right-of-way violations with 30,006 accidents.

Reach out to a California car accident lawyer from Ernst Law Group

The best way to ensure your safety on the road is to be vigilant and abide by all traffic and safety laws. If you followed the rules of the road but were injured by someone else’s failure to heed that advice, connect with a California car accident lawyer from Ernst Law Group to get started on your claim today. 

Contact us online or call us today at (805) 541-0300 to schedule your free consultation. 

5 Most Dangerous Roads in California

California is a spectacular state filled with stunning scenery and is the most populated state in the U.S. Whether it’s the beautiful views distracting drivers or simply that there are more drivers on the road than in any other state, there are no shortage of dangerous car accidents throughout the state, some with devastating results.

If you’ve been injured in a car accident caused by a negligent driver, a California car accident lawyer with Ernst Law Group is ready to help you. Schedule a free case review by calling (805) 541-0300 or by using the online contact form.

Here’s a look at five of the most dangerous roads in our state, as well as hotspots in cities that carry increased risks for motorists. 

Deadliest Road: I-15 – Cajun Junction to Hesperia

In a study of more than 10,000 car accidents that occurred between 2017-2019, researchers found that the 4.5-mile section of I-15 between Exits 138 and 129 was the deadliest stretch of highway in the entire state with 19 deaths from 19 accidents in only two years.  

#2: I-80 – Emeryville to Albany

This 5-mile stretch of road between Exits 14A and 8A accounted for 15 fatal accidents that resulted in 17 deaths. 

#3: I-80: El Cerrito to Pinole

Another 5-mile section of Interstate 80 (Exits 15-21) was just as deadly, accounting for 13 fatal wrecks and 18 deaths.  

#4: I-5: Del Paso Rd. to Railyards Blvd.

This 4.9-mile stretch of The Five also had 13 fatal collisions between 2017-2019, resulting in 16 people losing their lives.

#5: I-215: Grand Terrace through San Bernardino

Interstate 215 can also be dangerous. The 4.7-mile section running through San Bernardino was the site of 13 fatal accidents that led to 13 deaths. 

Deadliest Roads by City

Every city has certain roads that seem more dangerous than others, but in some cities those suspicions ring true. 

Los Angeles

Los Angeles roads are notorious for congestion, but plenty of them also pose an increased risk of accidents. 

Sierra Highway

This highway starts at the far northern city limits of LA. One of the main reasons it’s so dangerous is that it’s almost always under construction. Although the construction is badly needed, the road is so heavily traveled night and day that it’s difficult to do or complete the projects, so the road is congested with workers and littered with potholes that can easily lead to accidents. 

Interstate 5

It’s not just the stretch of I-5 mentioned above that’s dangerous. It’s a long stretch of highway with large stretches in between towns that motorists speed through to get to their destination. Research shows that there’s one fatal crash for every mile of highway. 

Interstate 405

I-405 runs along the south and west borders of Los Angeles and is widely considered to be the most congested highway in the entire country. To make matters worse, it also runs near three major airports. Those from out of town are less familiar with the exits and might make dangerous last-minute maneuvers, resulting in several accidents in addition to those caused by distracted drivers. 

San Diego

Not only is San Diego one of the most beautiful cities in the state (or the entire country, for that matter), it also has some of the most dangerous roads. Each of these roads recorded 10 fatal accidents between 2017 and 2019. 

Interstate 15–Ranked 12

The five-mile section of I-15 that runs between Scripps Poway Parkway and Miramar Way is one of the deadliest in all of San Diego County.  

Interstate 5–Ranked 17

I-5 makes the list again (it’s not the last time) with the stretch between Marina Parkway to San Ysidro Boulevard. 

Interstate 5–Ranked 18

Another section of I-5 in San Diego makes the list, this time between Hawthorne Street (San Diego Airport) and Harbor Drive/Civic Center Drive.  

San Jose

There were 80 traffic fatalities in San Jose in 2019 alone. Here are some of the most dangerous roads in the city. 

Interstate 280

Interstate 280 runs from San Jose to San Francisco. It offers incredible views and incredible danger. Four people were killed on this road in 2019.

U.S. Highway 101

US 101 goes up and down the entire U.S. west coast. The section that runs through San Jose is particularly treacherous. In 2019. Nearly 25% of all traffic deaths in San Jose (17) occurred on US 101. 

State Route 17

If you don’t know exactly where you’re going on Highway 17, you’ll be at a very high risk of being in an accident due to its blind curves, narrow shoulders, and wildlife entering the roadway. 

San Luis Obispo

Two roads in our neighborhood, U.S. 101 and Foothill Boulevard, are extremely dangerous. 

U.S. Highway 101

Yes, US 101 is dangerous in San Luis Obispo, too. It winds through the mountains, yet gets heavy traffic each and every day. It’s considered the most dangerous stretch of road in the entire city. 

Foothill Boulevard

Between 2012 and 2016, 82 accidents occurred at the intersection of Foothill and Santa Rosa. 

Car Accident in California? Call us to see how we can help.

If you’ve been injured in a car accident caused by someone else, schedule your free consultation with the elite California car accident attorneys at Ernst Law Group completing the online contact form or calling (805) 541-0300.

When you’re thinking about filing a personal injury claim in the aftermath of your car accident, a lawyer can help make your claim stronger. Working with the right attorney increases the chances that you will obtain the maximum compensation available.

Working With a Lawyer

With that said, it’s important to realize that working with a San Luis Obispo car accident lawyer is a two-way street. Your attorney will want to know specific details about your case and will expect you to perform crucial tasks, like visiting the doctor on a regular basis. On the flip side, you can expect your lawyer to provide guidance, let you know about your options, and answer any key questions you have.

There are a number of questions every personal injury client should ask their car accident lawyer. If you have questions or want more information regarding your personal injury case, you can schedule a free, no-obligation appointment with an attorney at Ernst Law Group when you call (805) 541-0300 or contact us online.

What Are My Options for Moving Forward With My Case?

The first thing you want to do is be aware of all of your legal options. Knowing what paths you can take moving forward can make each decision easier and clear up any confusion.

Typically speaking, there are four options available once you have been hurt in a car accident:

1. Do nothing and pay for your injuries out of pocket (not usually recommended if there are available alternatives)
2. File a personal injury claim with an at-fault driver’s bodily injury liability (BIL) policy
3. File an injury claim with another form of insurance, such as a workers’ compensation plan
4. File a lawsuit against an at-fault driver, their insurance company, and/or another third party

By explaining each option in detail, your San Luis Obispo car accident attorney will inform you of their individual pros and cons as well as the steps needed to go through them. They may also indicate which of the options seems like the best path to choose for your given case.

How Does My Car Accident Injury Case Compare to Others?

Your car accident lawyer cannot predict the future, but they can make an educated guess based on their past experience.

When evaluating your chances of success with a legal option, they will compare your case to a hypothetical “generic” case. In a generic car accident injury case, the cause of the accident might be obvious, and the resulting injuries might be, easy to diagnose, easy to treat, and easy to document.

It will also, hopefully, be easy for the injury victim to prove that their injuries were connected to the accident. In this sort of case, the insurance company representing the at-fault driver will most likely settle for a reasonable amount in a relatively short period of time.

Of course, this ideal case probably never existed, and your case will most likely have some key differences. For instance, your injuries may result in substantial medical bills, meaning the insurer will be motivated to poke holes in your claim and reduce its amount.

Fault may also be murky, meaning an accident investigation will be lengthy. Your case may also need substantial legal research to prove fault.

Any one of these factors can make a case more or less likely to result in success, and different factors can also affect the size of your payout. For these reasons, asking the question “How does my case compare?” is usually more productive than asking “How strong is my case?”

What Will the Process Be Like?

You want to be prepared for the road ahead, and you want to have clear expectations. Accordingly, your San Luis Obispo car accident lawyer will explain the process of filing a claim, what steps are involved, and what timeline you can expect the process to follow.

If your case is complex – if it involves multiple potential at-fault parties, for example – then your lawyer might explain how these multiple processes will work out over the long run.

Very few car accident injury cases progress to a lawsuit or court trial, but your attorney will also inform you of the steps required to go through this adversarial legal process.

Overall, learning about the process of filing a car accident injury claim and/or lawsuit helps you understand the amount of time and effort involved in seeking compensation for your injuries.

How Many Cases Like Mine Have You Handled?

Every car accident lawyer in San Luis Obispo will give roughly the same answer to the three questions above, but the answer to this one is a clincher.

You want a lawyer who has handled cases similar, if not identical to, the one you’re currently dealing with. By being familiar with certain factors, your lawyer is better prepared to handle your case efficiently and effectively.

More importantly, your lawyer can prove that they have what it takes to win a case like yours. While a history of winning past cases doesn’t guarantee future results, it does show that the law firm you intend to work with knows the legal strategies and arguments needed to get their clients money for their injuries.

What Do I Need to Do Next?

The answer to this question will vary depending on the legal path you choose to take. No matter how you intend to move forward, it’s important to know what your personal obligations are and what the next big event on your timeline will be.

In most cases, your personal injury lawyer will tell you to visit a qualified doctor and receive a full, accurate medical diagnosis. They will also likely suggest that you avoid discussing the case with anyone and that you be careful speaking to insurance companies.

Start Getting Answers to Your Questions From an Experienced San Luis Obispo Car Accident Lawyer

The sooner you get your questions out in the open, the sooner you and your San Luis Obispo car accident lawyer can start working on a case together.

Demystify the legal process, find out the best next steps to take, and potentially start filing your personal injury claim now when you call Ernst Law Group at (805) 541-0300 or contact us online to schedule a free, no-obligation consultation now.

Millions of vehicles use the roads around San Luis Obispo every year. That means the risk of getting into a car accident is pretty high. Even if you are a perfectly safe driver without so much as a parking ticket on your record, other drivers can and do regularly make mistakes. If you’ve been injured in a collision, you must speak to a San Luis Obispo car accident lawyer at Ernst Law Group.

How Ernst Law Group Can Help You

At Ernst Law Group, we have been representing victims of car wrecks for over 40 years. Early on in our firm’s history, we realized that many people aren’t sure what to do after they’ve been in a collision. That means mistakes are often made by drivers, which can make getting compensation much more difficult, or even land them in legal trouble.

We’re here to help you understand the steps you should take after you’ve been involved in a car wreck in southern California. One of the most important steps to take if you were injured is to speak with a San Luis Obispo car accident lawyer as soon as possible. Give us a call at (805) 541-0300 or contact us online for a free, no-obligation consultation today.

Step 1: Keep Calm, Check On Everyone Involved, and Call 9-1-1

After a wreck, one of the worst things you can do is freak out or blow your top. Instead, be sure to take a breath and maintain your composure. Check on everyone in your vehicle for injuries. If you have any major injuries, especially to your head or neck, don’t move! Doing so could worsen your injuries. The same goes for everyone else in your vehicle. Anyone with major injuries should not be moved.

Call 9-1-1 as soon as possible, and be sure to request an ambulance, even if you don’t think you’re seriously injured. Adrenaline does a great job of masking any pain you should be feeling, and some injuries aren’t always immediately evident. A medical professional can evaluate you for injuries and provide treatment as needed.

Obey every order you get from the EMTs, including taking the ambulance to the hospital. Be sure to do exactly what the doctor says, and follow up with your doctor within a week of the accident, if possible.

Step 2: Talk (Carefully) to the Police and Others at the Scene

When the police arrive, be sure to give a factual statement of what happened. Conjecture or guesswork won’t help anyone. Instead, simply state what happened as you remember it. For instance, it’s fine to say that you were rear-ended by the other vehicle. But you shouldn’t say that the other driver was texting and driving unless you’re positive they were.

You will also need to speak with the other driver involved. When you’re talking to them (or the police, for that matter), NEVER apologize, which can be taken as admitting fault. Admitting fault can mean you forfeit your right to compensation. Instead, simply exchange information with the other driver. This includes your insurance information, contact information, and address.

If there are any other witnesses at the scene of the wreck, be sure to talk to them as well, if you can. Use your phone to record their statement of what happened, and be sure to get their contact information as well. Having that information as part of the recording can be immensely helpful.

Step 3: Take Photos of the Scene

One of the most important things you can do at the scene of the accident is to take photos and gather as much evidence as you can. Ideally, you should take photos before the vehicles are moved to the side of the road, but that’s not always feasible. Even if the vehicles have been moved, take as many photos as you can.

These photos should include damage to both cars, the intersection where the accident happened (if applicable), road conditions, nearby road signs or traffic control devices, weather conditions, injuries, and anything else that may seem relevant. Having too many photos is a lot better than not having enough.

Step 4: Call Your Insurance Company

You’ll need to report the accident to your insurance company, even if you weren’t at fault for the accident. This means either calling your insurance company or, if they have an app, reporting the accident there. Reporting the accident on an app may be better than making a call. You have to type out what happened on the app, meaning you have time to think about it before submitting your answers.

If you do have to call to report the accident, be very careful about what you say. Your insurance company will be recording the call to look for any reason to blame you for the wreck or otherwise reduce the amount of compensation you get.

Instead, simply tell them when and where the accident happened, your policy information, and the information of the other driver. They can get the other details from the police report.

Step 5: Call a San Luis Obispo Car Accident Lawyer ASAP

Within a few days of your car accident, reach out to an experienced car accident lawyer. Even if you aren’t sure who’s at fault for the wreck or you sustained serious injuries, your lawyer can review all of the details of your case and help you determine what types of compensation you may be entitled to.

At Ernst Law Group, we always offer free consultations. That way, you can review all of your legal options without having to pay a dime. In addition, if we file a lawsuit on your behalf, you never owe us a dime unless we win. Give us a call at (805) 541-0300 or contact us online to speak with an experienced San Luis Obispo car accident lawyer today.

Hit and run car accidents can be devastating. In addition to physical pain, they also cause the mental anguish of not knowing whether the at-fault driver will be brought to justice.

These incidents happen all too often in the state of California, and their outcomes can be bleak. According to the Los Angeles Daily News, the LAPD only solved 8% of hit and run incidents in 2017. While that low closed case rate reflects a large percentage of drivers who had property damage only and simply didn’t want to pursue a case, plenty of victims on that list also suffered injuries or fatalities.

Making matters more concerning, California has a high rate of these types of accidents, and they are growing each year. National statistics show that from 2009 to 2016 fatal hit-and-runs increased around 7% each year. They’ve also shot up in California, hitting a 25 year high in 2016 with 369 deaths. California leads the nation in overall fatal hit-and-run crashes as of 2016. Our large population doesn’t excuse us, either, considering we still rank 7th on a per capita basis.

If you or someone in your family has been hurt in a hit-and-run car accident in San Luis Obispo, you likely know how bad things are without needing to glance at a single statistic. You may be wondering about your options for not just seeking justice but also financial compensation to pay for your losses. Medical bills, lost wages, out-of-pocket costs, and other damages could be piling up as of this moment.

Working closely with police, your insurer, and an experienced San Luis Obispo car accident lawyer are your best options. They can each help you build a case to identify the driver. Or, at least, assess all of your losses. If you are unable to identify the driver, you can file a claim on your own insurance or possibly with the California victims’ compensation fund.

Hit and Run Laws in California

There’s no mistaking it: hit and run car accidents are a crime in California.

California Vehicle Code 20001 states that “the driver of a vehicle involved in an accident resulting in injury to a person, other than himself or herself, or in the death of a person shall immediately stop the vehicle at the scene of the accident and shall fulfill the requirements of Sections 20003 and 20004.”

Section 20003 requires that drivers involved in an accident that results in injury or death provide to responding police officers:

• His or her name
• Current residence address
• The names and current residence addresses of any occupant of the driver’s vehicle injured in the accident
• The registration number of the vehicle he or she is driving
• The name and current residence address of the owner to the person struck or the driver or occupants of any vehicle collided with

Drivers are also expected to provide “reasonable assistance” to anyone hurt. This typically encompasses calling them an ambulance, but it can also be related to moving them out of immediate harm’s way or, if you are a licensed healthcare provider, rendering any emergency medical aid you are qualified to administer.

Section 20004 mandates that drivers involved in an accident that results in death, “shall, without delay, report the accident to the nearest office of the Department of the California Highway Patrol or office of a duly authorized police authority and submit with the report the information required by Section 20003.”

Violating these laws is a misdemeanor when property crimes or certain minor injuries are involved. If the accident results in a “serious injury” or death and any driver does not fulfill these duties, they can be charged with a felony.

Misdemeanor hit and runs in California can carry a fine of at least $1,000 and up to $10,000. The perpetrator may also be sentenced to time in the county jail for up to a year. Felony hit and run convicts will be sentenced to at least 90 days in county jail or between 2 – 4 years in state prison. They will also be charged a fine between $1,000 and $10,000.

Options for Obtaining Compensation After You’re Hurt in a Hit and Run Car Accident in California

Filing Under the At-Fault Driver’s Insurance

Without a doubt, your best option for obtaining compensation is to identify and locate the driver who hit you and file a claim on their liability insurance. Following the strategies discussed in the sections below can increase your chances of locating this driver.

Filing under the at-fault driver’s liability insurance is the best way to ensure you get full coverage for all of your accident losses, including property damage and non-financial “general damages” like pain and suffering. Using their insurance also means (in most situations) that your premiums won’t go up and that your insurer won’t consider dropping your policy.

Specific damages you can potentially claim under the driver’s third-party liability policy include:

• Medical treatment costs, past and future, including rehabilitation
• All “reasonable and necessary” out of pocket costs directly related to the accident, such as hospital deck parking fees and certain court expenses
• Lost income as a result of missed work because of your injury
• Pain, suffering and emotional distress
• Loss of enjoyment of life
• Loss of familial relationships and/or spousal relations (consortium)
• Punitive damages, which are only added in cases that proceed to a court decision

Filing Another Third-Party Liability Claim

In some cases when a hit and run driver cannot be located, you and a car accident attorney in San Luis Obispo can identify other parties who share fault.

California’s comparative negligence rules require each party involved in an accident to pay for their portion of fault to injury victims. This rule means that you may be able to obtain some or all of the compensation from another party even if you cannot locate the hit and run driver.

Parties who may be technically at fault include:

• Other drivers involved who did not flee
• Manufacturers of defective vehicles or vehicle components, like brakes
• Known persons affiliated with the at-fault fleeing driver, such as employers if the driver was on-duty, or accomplices
• Rarely, the designer of the public or private roadway where you were hurt if it allowed for unacceptably dangerous conditions

Filing Under Your Own Insurance

If you are unable to identify or locate the at-fault driver, you can potentially file with your own insurance policy. However, the types of policies that would cover you in this instance are all optional, so you may not have coverage for your incident if all you have is the state-mandated bodily injury liability policy.

Policies that can help you out after a hit and run situation include:

• Collision: Pays for the cost of vehicle repairs and property damage
• MedPay: Pays for the costs of your injury treatment and medical services
• Uninsured / Underinsured Motorist (UM/UIM): Pays when the at-fault driver does not have enough liability coverage or completely lacks liability coverage, including situations where the at-fault driver cannot be located
• Health Insurance: Your personal health insurance policy, if you have one, may have to bear the brunt of financial reimbursement if no other means are available

Importantly, UM/UIM insurance typically pays in the event of a hit and run, including when you are a pedestrian, cyclist, or otherwise not using a motor vehicle at the time of your accident. There are some exceptions, so you may need to negotiate with your insurer.

MedPay always pays in the event of a hit and run, with few exceptions, including when you are a non-motorist or when you are a passenger in someone else’s vehicle.

Your insurance companies will want to do everything they can to help you track down the at-fault driver, so don’t be surprised if they want to delay reimbursement while an investigation is pending.

Requesting Victim Compensation

Finally, victims of crimes — including hit and runs — may be eligible to file for funding from the California Victim Compensation Board. This funding can provide for many types of reasonable and necessary expenses related to the accident, including mental health services, relocations, home or vehicle modifications, crime scene cleanup, home security, and more.

Know that these boards are often inundated with requests. Although they always want to help, they may have severe delays in processing your request and ultimately releasing funds. They must also maintain strict rules on who is eligible, so your claim may be denied several times and require appeal before it is honored.

What to Do After You Have Been Injured in a Hit and Run

Taking rapid action after a hit and run collision is your best bet for not only receiving adequate medical treatment but also increasing your chances of locating the perpetrator. While you technically have up to two years to file a claim according to the California statute of limitations, filing as soon as you can aids the investigation and makes insurance companies less inclined to put up a fight.

Regardless of how long ago the accident happened, take the following steps:

1. Report the accident

If you are still at the scene, wait for police to arrive. When filing a report, provide as accurate of information as you are able to recall.

2. Receive prompt medical attention

You should ideally visit the emergency room immediately after the accident. Do not refuse an ambulance if you are seriously hurt. Visit a doctor within 24 hours in all situations. This will ensure better treatment and create a paper trail linking your injuries to the accident.

3. Interview eyewitnesses

Without a doubt, eyewitnesses are the most beneficial resource to locating hit and run perpetrators. Gather statements and contact from all eyewitnesses at the accident scene. Even small details can aid in identifying the driver or their vehicle. If you are not seriously hurt, start questioning witnesses immediately after you and the vehicles involved are in a safe place.

4. Contact your insurance company

Your car insurance company will provide investigative and legal resources as best they can to help you locate the at-fault driver. They have a financial motivation for you to file under someone else’s policy.

5. Be careful when talking with other insurance companies

Once you have opened a liability claim with another insurer, they will do anything they can to reduce your claim’s value or deny it altogether. Refuse to comment on questions of fault or specific medical details about your injury. Say that these facts will be released pending an ongoing investigation.

6. Do not discuss your case in public or on social media

Ideally, you will not discuss your case at all since making certain facts known could hurt your claim or strengthen another party’s defense.

7. Contact a San Luis Obispo Car Accident Lawyer

An attorney provides a valuable resource for your case. They will help you investigate all available evidence, work with insurers, and corroborate evidence of the accident or the at-fault driver’s identity.

8. Cooperate in ongoing police and insurance investigations

You want to stay in touch and up-to-date with both police and insurance company investigations. Staying current informs your legal strategy. It also gives you the chance to contribute statements or evidence that can confirm police leads.

Know Your Legal Rights After a Hit and Run

The most important thing you can do after getting hurt in a hit and run collision is to stay informed of ongoing investigations and to know your rights in general.

Insurance companies, including your own, may make misleading statements about what is covered or whether your accident situation applies to their policy. Reviewing your statement of benefits and working with an experienced San Luis Obispo car accident lawyer gives you the power to assert your rights and bring weight to negotiations.

Know that the disadvantages that apply to criminal hit and run investigations may not apply to your civil case. In the LA Daily News article mentioned above, police investigators mention that criminal charges can’t be brought just because an accident victim knows the vehicle or has a license plate number — they have to be able to identify the driver.

“We can’t place (the suspected driver) behind the wheel, even if he’s the registered owner,” Detective G. McQueen, a supervisor at LAPD’s West Traffic Division, told LA Daily. “We need evidence. We can’t just take everyone into custody.”

However, all an accident victim needs to be able to do is to connect the accident to a specific vehicle. Paint chips, tire marks, eyewitness accounts, video footage, and circumstantial evidence can all aid in vehicle identification. Then, in most situations, the victim can receive coverage under the vehicle owner’s policy regardless of who was behind the wheel.

You have rights, and you have allies. Work with an experienced San Luis Obispo car accident attorney who has a proven record of closing civil cases and helping hit and run victims obtain compensation.

Speak to a lawyer in San Luis Obispo for free during a no-obligation case review when you call (805)-541-0300 or contact online to schedule your appointment.

Rideshare companies like Uber and Lyft make it so much easier to get around San Luis Obispo and other areas in California. Traffic is always hectic, but not having to drive your own car takes a lot of the stress off of you. Unfortunately, rideshare drivers generally aren’t trained professionals. Rideshare accidents are far too common in California.

When rideshare accidents happen, it can be difficult to know who is at fault. Without knowing who is at fault, it can be difficult to get the compensation you deserve. The good news is, our attorneys understand the complexity of these cases. We have helped victims of rideshare accidents all over California get the money they need after a wreck.

If you have been injured in this type of wreck, a San Luis Obispo car accident lawyer at Ernst Law Group can help. Give us a call at (805) 541-0300 or contact us online for a free, no-obligation consultation today.

Your Rights After a Rideshare Accident in California

In some ways, rideshare accidents are similar to other car accidents. One driver may be held completely liable, or drivers may share fault. The big difference in rideshare accidents is who will pay for your injuries and other losses you suffered. It all comes down to who was liable for the accident, and your role in the accident: as a passenger, as a rideshare driver, or as a driver of the other car.

As a Passenger

If you are a rideshare passenger, and you are injured in a wreck, the party responsible for covering your losses solely depends on who is at fault. If the other driver is at fault, their insurance will cover you. However, if the other driver doesn’t have adequate insurance or they flee the scene, the rideshare company’s insurance policy will cover you.

However, if your rideshare driver is at fault for the accident, the rideshare company’s insurance policy will generally cover you. In some cases, however, the driver’s own insurance policy will be responsible for your losses. Insurance companies often require rideshare drivers to have additional coverage. If the driver doesn’t carry this required insurance, their provider may not cover losses in a rideshare accident. In these instances, you will have to rely on the rideshare company to cover your losses.

As a Rideshare Driver

As we mentioned before, insurers may require rideshare drivers to carry additional coverage, since driving your car to make money is an additional risk. If you are the cause of the accident, your own insurance policy will be responsible for covering your losses. But they may not cover your injuries and other losses if you’re at fault. The rideshare company may cover some of your losses as well.

If the other driver is at fault, the party responsible for providing compensation depends on whether you’re actively using the app or not. If you’re offline, or the rideshare app is off, your own insurance policy will cover you. If you are active in the app and waiting for a ride request, rideshare insurance will provide compensation if your own insurance company won’t cover your losses. In total, they will provide up to:

• $50,000 in bodily injury per person
• $100,000 in bodily injury per accident
• $25,000 in property damage per accident

If you do have a passenger or you’re in route to pick someone up, rideshare companies will cover up to $1 million in losses. This includes uninsured/underinsured motorist coverage in the instance that the other driver doesn’t have adequate insurance or they flee the scene of the wreck. It also includes contingent collision and comprehensive insurance in some cases.

As Another Driver Involved in a Wreck with a Rideshare Driver

If you are involved in a wreck with a rideshare driver, and they are at fault, their personal insurance policy may cover your losses. But if the driver doesn’t have adequate coverage, the rideshare company’s insurance policy may cover your losses instead, up to $1 million.

If you were at fault for the accident, you may be required to cover your own losses. In addition, your insurance company may cover the losses of the rideshare driver, which will likely result in an increase in your premiums.

Get the Compensation You Deserve After a Rideshare Accident

While rideshare companies and insurance companies are supposed to provide compensation after a wreck, they really don’t like parting with their money. That means they will look for just about any excuse to reduce the amount of money they will payout. In fact, they may send a settlement offer that is a lot less than what you actually need or deserve.

Once you accept this settlement offer, you forfeit your right to seek greater compensation. So before you accept any kind of settlement offer, give us a call to learn about all of your legal options. A San Luis Obispo rideshare accident lawyer from Ernst Law Group can review the full details of your case and determine if the insurance company is short-changing you.

Give us a call at (805) 541-0300 or contact us online for a free, no-obligation consultation today.

The CHP confirmed today, June 12, 2019, that a wrong way driver on US 101 south of San Luis Obispo resulted in a double fatality wreck.

According to various local news sources, a 22-year-old Washington woman was driving her Ford Fiesta southbound in the northbound lane of US 101 just south of the South Higuera on and off ramps. She collided head-on with a 44-year-old Los Osos man driving a Honda Civic.  Both drivers were wearing seatbelts, but due to the force of the crash, both drivers were killed.

The images below show the South Higuera interchange. As one can see there are several intersecting roads leading to parking areas for local hiking trails, north and southbound on and off ramps, and a frontage road.

If the wrong way driver entered the northbound lanes heading south at this spot, it is likely that she entered the road as depicted below.  A driver intending to make a right turn onto Clover Ridge is faced with two options, the second of which is the frontage road. The first road one would encounter is the northbound off-ramp.  There are signs warning of entering the freeway off-ramp as “Wrong Way”, but the signed is placed directly between the off-ramp and the frontage road.  Further investigation will be needed to determine exactly what happened.

The United State Department of Transportation Federal Highway Administration has undertaken extensive studies of the phenomenon of wrong way drivers.  The answers are usually multi-disciplinary, involving traffic design, speeds, human factors and visibility.

A study from the NCBI found that the reasons for wrong way crashes often depend on the time of the crash, age of the driver, day of the week and, of course, impairment and driver distraction.

In a crash of this magnitude, the CHP MAIT team will surely investigate. MAIT is the Multidisciplinary Accident Investigation Team and is an elite group of officers trained to conduct in-depth and detailed investigation of major crashes.

If an investigation shows that the wrong way driver is legally responsible for the Los Osos man’s death his heirs would be entitled to a bring a Wrongful Death claim seeking to recover damages based on the loss of their loved one.  This would include lost economic support, but most significantly, the loss of a son, father or husband.

If you have been effected by a car accident, our team is here to help. Contact our San Luis Obispo car accident lawyers today.

After a car accident in San Luis Obispo, you may be entitled to compensation if you weren’t at fault. Your insurance provider, the other driver’s insurance provider and even the other driver themselves may be on the hook for paying for your injuries. Compensation will cover a variety of different costs and expenses you incurred during and after the accident.

The most common expenses people think of when they think of compensation after an accident include medical expenses, car damage, and even pain and suffering. However, many people don’t think about the fact that they may not be able to work for a while, especially if they suffer serious injuries after the accident.

The good news is that you can get compensated for lost wages after a car wreck. The bad news is that it can be difficult to figure out how much you’re owed. At Ernst Law Group, our San Luis Obispo car accident lawyers know how to help you calculate what you’re owed for lost wages. Call us today at (805) 541-0300 or contact us online for a free, no-obligation consultation.

What You Need to Prove Lost Wages

Before you can start calculating what you’re owed for lost wages, you have to be able to show what you’ve lost. This is usually pretty easy if you’re only injured and out of work for a short period of time. However, if you suffer a long-term injury, calculating your lost wages can become more difficult.

No matter how serious your injuries, if you’ve had to miss work because of them, you need to collect a few different documents to prove you deserve compensation. First, you will need a doctor’s note or disability slip to show that you’re unable to work and how long you have to be out of commission.

Next, gather your most recent pay stubs or paycheck to prove how much you usually make at your job. You may also need your tax forms to prove your income. You will also need a letter from your employer to confirm your employment.

What Happens If I’m Self-Employed?

Self-employment can make recovering lost wages more difficult, but it’s not impossible. You will need to provide different documentation that proves what you would’ve made during the period of time that you were too injured to work.

Tax documents that show your income in previous years can be a big help. If those don’t prove your current level of income, you can use invoices and billing statements that show how much you made in the few months before your accident. In cases where your income is seasonal, such as if you run a Christmas mall kiosk, you can use documents that show how much you’ve made during preceding years.

Proving self-employed income can be pretty difficult. Our San Luis Obispo car accident lawyers can help you gather the documents you need to prove your lost income.

Can I Prove Lost Tips?

If you work in the service industry or have another job where tips make up a significant portion of your wages, you are able to claim those tips as lost wages. To do so, you have to show tax documents that show how much you typically make in tips.

If you mainly get tips through credit cards, this should be an easy task. However, if you usually get cash tips and you don’t always report those cash tips to the IRS, you can only claim your lost tips in the amount you claimed on your previous tax returns.

How Lost Wages Are Calculated in California

If you are regularly employed and don’t rely on tips for a large portion of your wages, lost income calculations depend on whether you’re a salaried or hourly employee. If you are salaried, you can take your salary and divide it by 2,080 (how many work hours are in a standard year).

With that number, you can calculate the wages you lost while you were injured. For instance, if you missed one week of work, that’s 40 hours of missed work. So, you can take the amount you make an hour, then multiply it by 40 to calculate your lost income.

Calculating lost income for hourly employees is much easier. You simply take your hourly wage and multiply it by however many hours you were out of work.

What About Sick or Personal Days?

After your accident, you may take sick or vacation days to make sure you still get a paycheck while you can’t work. After all, recovering lost income can take a while. The good news is, you can recover whatever personal or sick days you took as lost income.

Recovering the value of these days is similar to recovering other lost income. You will need to prove that you were entitled to these days and that the time lost was due to the car accident.

Recovering Lost Overtime, Bonuses and/or Commissions

Unlike some other states, California allows you to recover more than just net income. You can also claim additional payments you may have received. However, proving this “speculative” income may be more difficult.

In order to prove lost bonuses, overtime, commissions, etc., you may need to show:

• A written employment contract
• Past pay stubs that show a pattern of bonuses or overtime pay
• Proof that your employer allows for overtime or commission pay
• A letter from your employer showing an expected amount of additional income
• Proof that you would’ve met the requirements to earn this extra income

Talk to a San Luis Obispo Car Accident Lawyer Today

If you’ve been injured in a car wreck and had to miss work because of it, you may be entitled to compensation. At Ernst Law Group, our San Luis Obispo car accident attorneys can help you recover your lost wages when you can’t work.

Call our experienced lawyers today at (805) 541-0300 or contact us online for a free, no-obligation consultation.

Car accidents are a daily occurrence in San Luis Obispo. You probably pass at least one every week during your commute. We almost expect to see wrecks when we’re driving on the highway, but the dangers of car accidents often hits much closer to home — literally.

Accidents happen closer to home than people may think. In fact, according to statistics, most car accidents take place within 25 miles of a person’s home. In fact, some surveys show that nearly 90 percent of car accident injuries occur within 10 miles of home. It stands to reason that this would be the case, as this is most people’s radius of typical travel.

At Ernst Law Group, our San Luis Obispo car accident lawyers know how dangerous even the seemingly most minor wrecks can be. A simple fender bender can result in broken bones, whiplash and more.

Understanding when and where car accidents are most likely to happen can help you avoid common wrecks and stay safe on the road.

The Most Dangerous Times of Day

The more cars that are on the road, the greater your risk of being involved in an accident. It should comes as no surprise that the most vulnerable times of day for drivers are in the late afternoon and early evening when commuters are returning home from work. In 2016, the greatest number of car accidents occurred between 4 and 7 p.m.

The next-highest number of accidents happened between 7 and 10 p.m. This may be attributed to the fact that this time in the evening is when people decide to go out, especially on the weekends.

What does come as a surprise is that it may not be the highways that are most dangerous. According to the National Highway Traffic Safety Administration, more accidents that proved fatal were on rural roads than on urban streets.

Looking at the Statistics in California

According to the California Highway Patrol, the most dangerous time to be on the road is 8 to 9 p.m. on a Sunday. During that time, 48 fatal accidents occurred in 2015. When it comes to accidents resulting in injury, however, 5 to 6 p.m. on a Friday is the most dangerous. In 2015, 2,562 accidents occurred during this time that resulted in injury.

In total, Saturdays saw the most fatal car accidents in 2015 with 534 wrecks. Fridays were the most common days for wrecks resulting in injury, with 28,650 accidents.

In addition, October was the most common month for injurious car accidents, with 17,041 occurring during that month in 2015. December, however, was the most dangerous for fatal accidents, at 299 wrecks.

When it comes to dangerous areas in California where accidents happen, it may come as little surprise that 6 of the country’s top 50 most dangerous highways are in our state. These include:

• I-5 (ranked 4th most dangerous, with 680 fatal crashes between 2010 and 2016)
• SR-2 (ranked 14th, 52 fatal crashes)
• US-101 (ranked 16th, 597 fatal crashes)
• I-8 (ranked 39th, 134 fatal crashes)
• SR-99 (ranked 43rd, 411 fatal crashes)

In these rankings, it’s important to note that fatal crashes are not the only factor. But, for our purposes, they do paint an accurate picture of how dangerous these highways are.

If we zoom in closer on San Luis Obispo, there are five intersections that are especially dangerous for drivers. These are:

• Santa Rosa Street and Foothill Boulevard: 82 accidents
• Los Osos Valley Road and Calle Joaquin: 76 accidents
• California Boulevard and Foothill Boulevard: 48 accidents
• Los Osos valley Road and Froom Ranch Way: 44 accidents
• Santa Rosa Street and Olive Street: 42 accidents

Staying Safe on the Road

When is the last time that you got to work and didn’t know how you had arrived there? Last week? Yesterday? This zoning out is a result of our getting into a state of autopilot after driving the same route so many times.

This zoning out can put us at greater risk of accident. Two of the most important things you can do for yourself, especially on trips close to home, are to stay aware of what is happening in and around your vehicle and securing your seat belt.

You should also make sure you’re driving defensively. Between people wanting to get home, tourists not knowing where they’re going and people who simply aren’t good drivers, the roads are full of dangerous drivers. Be ready to react to anything they do, whether they swerve in their lane or brake suddenly. Being in control means you’ll be at a lower risk for being in a wreck.

Talk to a San Luis Obispo Car Accident Attorney Today

As you may have realized by now, driving around California can be dangerous. If you happen to get into a wreck, the San Luis Obispo car accident lawyers at Ernst Law Group are here to help you.  

You have legal rights, especially if that accident was caused by someone’s error or negligence. Call our office today at (805) 541-0300 or contact us online to schedule a case evaluation and learn more about what our firm can do for you.