Celebrating National Bike Month and Bicycle Safety Month 2023

May is National Bike Month/Bicycle Safety Month and our Bicycle Accident Personal Injury lawyers want to remind all cyclists to ride safely and avoid any serious bicycle crash injuries. We encourage bicyclists to follow traffic laws, use proper hand signals, be aware of their surroundings and, most importantly, wear a helmet. The Dolan Law Firm is also giving away up to $200 cash towards a new helmet of your choice to promote safety awareness for bicyclists. If you would like to sign up for the giveaway, click here.

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We have sponsored local bicycle groups for many years, including the California Bike Coalition, the Bay Area’s biggest Bicycle event with San Francisco Bicycle Coalition, Bike East Bay and the Marin County Bicycle Coalition. This annual event is celebrated by thousands of people who choose to leave their motorized vehicles at home and participate in a healthier alternative to get to work, school, and other activities.

On Bike to Work Day 2023 (BTWD 2023), energizer stations will be set up throughout the Bay Area, supporting early morning cyclists with free swag and safety tips on bicycling in urban areas.

Before you head out and bike, we want to make sure you ride safely. Click here to download our free Bay Area Bike and Safety Law Guide to celebrate the biggest day for bicycles.

Written By Christopher Dolan and Cioffi Remmer

This week’s question comes from Robert in Oakland, CA, who asks: How will AI and the ChatGPT app impact the practice of personal injury law?

Dear Robert,

The public’s interest in Artificial Intelligence has surged recently with the introduction of “ChatGPT,” OpenAI’s Artificial Intelligence application. On ChatGPT, you can prompt the AI program to write essays, articles, speeches, book reports, answer questions, and even write software code. To answer your question, I asked ChatGPT to write an article on AI’s impact on practicing personal injury law in the next five, ten, and 20 years. Here’s what ChatGPT wrote:

“Artificial intelligence (AI) is rapidly transforming various industries, and the legal industry is no exception. AI-powered applications like ChatGPT have the potential to revolutionize the practice of personal injury law in the coming years. In this article, we will explore the impact of AI on personal injury law over the next five, ten, and 20 years.

Personal injury law involves cases in which a person is injured due to the negligence of another party. Such cases can be complex and time-consuming, requiring extensive research and analysis of legal precedents and statutes. This is where AI-powered applications like ChatGPT can be particularly useful.

In the next five years, AI-powered legal research tools will become increasingly common. These tools can quickly and accurately analyze large volumes of legal data, including court opinions, statutes, and regulations. This will allow lawyers to conduct legal research more efficiently and effectively, saving time and money for their clients.

Furthermore, AI-powered applications can assist lawyers in predicting case outcomes and settlement values. By analyzing data from past cases and considering various factors, AI algorithms can provide insights into the potential outcomes of a case. This can help lawyers to make better-informed decisions and advise their clients accordingly.

In the next ten years, we can expect to see AI-powered applications being used to streamline the litigation process. For example, AI algorithms can analyze medical records and other evidence to help lawyers build stronger cases. This can reduce the need for expensive expert witnesses and simplify the discovery process.

Moreover, AI-powered applications can assist lawyers in drafting legal documents, such as pleadings and motions. These applications can analyze past cases and legal precedents to generate documents that are tailored to the specific needs of a particular case. This can save lawyers a significant amount of time and improve the quality of their work.

In the next 20 years, AI-powered applications may even be able to assist with settlement negotiations and courtroom arguments. For example, AI algorithms could analyze the personalities and behavior of judges and opposing counsel to predict their responses to certain arguments. This could help lawyers to craft more persuasive arguments and negotiate more favorable settlements for their clients.

However, as with any technological advancement, there are also potential drawbacks to the increasing use of AI in personal injury law. One concern is the potential for bias in AI algorithms. If these algorithms are trained on biased data, they may perpetuate existing inequalities and injustices in the legal system. Moreover, the use of AI may raise ethical concerns around the role of lawyers and the potential de-skilling of certain legal tasks.

In conclusion, AI-powered applications like ChatGPT have the potential to significantly impact the practice of personal injury law in the coming years. While there are potential risks and challenges associated with the increasing use of AI in the legal industry, there are also significant benefits to be gained. As AI continues to evolve, we can expect to see even more innovative applications being developed to assist lawyers in their work.”

Written By Chris Dolan and Cristina Garcia

This week’s question comes from Kathy J. in the Sunset District, who asks: After this year’s stormy winter, new potholes seem to be appearing daily. Over the weekend, I was driving to my friend’s house when I hit a pothole in the road. The pothole caused me to lose control of my vehicle, and I eventually crashed into a tree. The impact destroyed the front of my car and deployed my airbags. I vaguely recall the police officer and ambulance arriving. At the hospital, I was diagnosed with facial bruising, a concussion, and a broken wrist. I am unsure what my next steps are, as the accident did not involve another vehicle, and I was not at fault for crashing into the tree. However, I now have large medical bills, and my car has significant property damage. Who is responsible if a pothole leads to an injury?

Dear Kathy,

That is a great question. Potholes are more prevalent after heavy rains as the precipitation saturates the ground and causes the asphalt to break up. Government entities such as cities, counties, the State, or the Federal government own public roadways. Therefore, the first step is determining which entity owns the road. A government entity, like any other property owner, is responsible for maintaining its premises in a reasonably safe condition. It is important to note that “reasonably” does not mean in perfect condition or that maintenance needs to occur instantaneously. However, showing that the responsible government entity had notice of the pothole is essential in establishing liability.

Many cities and counties have online portals or phone numbers where residents can report dangerous roadway conditions such as potholes. For example, in San Francisco, the SF311 Mobile App can be used to submit service requests. For this reason, it is important for anyone who comes across a pothole, whether you are a driver or a pedestrian, to file a service request notifying the government entity of the roadway condition.

California Government Code §§ 830 et seq. lays out the rules for liability stemming from any “dangerous condition of public property,” defined as a condition that creates a substantial risk of injury when such property is used with due care in a reasonably foreseeable manner. Cal. Gov. Code § 830.2. Special rules apply when filing a claim against a government entity. The injured individual must file an administrative claim before filing a personal injury lawsuit against a government entity. It is important to note that there is a limited time in which you can bring an administrative claim against a government entity. Under California Government Code Section 910, you must file a claim against the government entity within six (6) months after the event or occurrence. Be sure to file the claim with the appropriate government office or agency. Further, it is equally important that you use the claim form of that government agency when filing a claim, as section 910 prescribes a list of the required information you must provide in your claim. Otherwise, the claim may be deemed invalid.

While the government entity can be held responsible for dangerous conditions on its roadways, it is critical to note that a non-trivial dangerous condition does not mean the city is liable for damages. Further, when a claimant can prove the statutory requirements, the government entity may still raise several defenses to defeat liability. It may argue that it exercised due care by posting warning signs to prevent vehicles from hitting potholes or claiming that it is “open and obvious”; therefore, no warning signs were necessary.

Claims against any government agency present their unique challenges. There are strict time limits and different procedural rules that apply to government claims. For this reason, it is important to retain a skilled trial attorney to assist you in pursuing your government claim and ensure you obtain the compensation that you deserve.

Written By Chris Dolan and Allison Stone

This week’s question comes from Jennifer from Oakland, who asks: With new changes to the traffic laws in 2023, what do motorists, bicyclists, and pedestrians need to know to share the road safely?

Dear Jennifer,

Thank you for your question. Yes, new laws are affecting drivers, bicyclists and pedestrians in California. These changes began as of January 1, 2023. Here are some of the changes taking effect:

Omni Bike Bill (AB-1909)

The OmniBike Bill (AB-1909), written by Assemblymember Laura Friedman, changes how cars and bike riders share the road. The goals and purpose of the changes were to ensure that cyclists on California streets were safer and more protected, to help cyclists and motorists safely share the road, and to reduce collisions involving bike riders and motorists. The bill makes four significant changes to the vehicle code in California.

First, drivers passing a bicyclist travelling in the same direction must change lanes/move over into an adjacent traffic lane, if available, before passing a bicycle, just as it would when passing another car on the road. That is, vehicles must move into another lane with due regard for safety and traffic conditions, if practicable and not prohibited by law. This contrasts with the previous law – a.k.a. the “3-foot rule” passed in or about 2013/2014, which required that a driver passing a bike rider do so at a distance of at least three feet. Many felt this 3-foot rule was too hard to measure with two moving objects on the road, was difficult to enforce, and did not provide enough room or cushion for the safety of a bicyclist. This change is a significant improvement over the previous 3-foot rule. It offers clearer directives and makes it easier for cars to pass bikers safely while preventing and reducing serious and life-altering bicycle accidents. The requirement of changing lanes to pass will make it easier for police to cite drivers who fail to give bikes room for safety. Penalties may vary by county, but those who violate the law face fines and fees.
Second, cities and counties are now prohibited from requiring and enforcing bicycle licenses’ law.
Third, the new law essentially eliminates local authorities’ ability to ban electric bikes from bike paths. Class 3 electric bicycle riders are permitted on approved bicycle paths, trails, and lanes. In other words, there is no longer a statewide ban on class 3 (the fastest) electric bikes on bicycle paths, trails, bikeways, bicycle lanes, equestrian trails, and hiking and recreational trails. Notably, electric bicycles can still be banned from certain hiking trails and equestrian paths.
A fourth change that goes into effect on January 1, 2024, is that bicyclists can cross an intersection when a “WALK” pedestrian signal is on instead of only when there is a green light.

Freedom to Walk Act (AB-2147)

Another important change that came into effect as of 2023 is AB-2147, also known as The Freedom to Walk Act written by Assemblymember Phil Ting (D- San Francisco). This law prohibits officers from stopping pedestrians for violations such as crossing the road outside of a crosswalk (jaywalking) unless there is immediate danger of a collision. In that case, an officer can stop and cite a pedestrian. Crossing the street outside a crosswalk is now legal, and you will not get a ticket if the road is wide open. For more information, see our blog on this specific topic.

Vehicular Manslaughter: Speeding and Reckless Driving (SB-1472)

Next, SB 1472 also known and cited as Ryan’s Law, involves speeding, reckless driving, and vehicular manslaughter. This law increases what constitutes “gross negligence” with the crime of vehicular manslaughter. Drivers involved in a fatality during sideshow activity, exhibition of speed, or speeding over 100 miles per, may now be charged with Vehicular Manslaughter with Gross Negligence. This law was enacted to ensure streets and highways are protected from reckless drivers and excessive speeding, given the increased number of fatalities and the popularity of street racing and sideshows.

Motor Vehicle Speed Contests and Exhibitions of Speed: Off-street Parking Facilities (AB-2000)

Lastly, while it was already illegal to participate in races on the highway, AB 2000 now makes it illegal to participate in speed contests, exhibitions of speed, races, burnouts, or sideshow activities in locations including parking lots and off-street parking structures.

Written By Chris Dolan

This week’s question comes from Jared from San Francisco: E-bikes are taking over the streets. I see more and more every day. Do you need to get a special license to ride one, like a motorcycle? And do you need insurance to ride one?

Thank you for the questions about e-bikes, Jared.

Electric bicycles have become a common form of transportation in the San Francisco Bay Area. It is valuable to know what e-bikes are and what the law is regarding the use of e-bikes.

An electric bike (e-bike) is a bicycle with an electric motor that assists the propulsion of the bike instead of being propelled solely by the pedaling of its rider as with a traditional bicycle. There are a variety of e-bikes that differ in operation and power of the motor. In California, e-bikes’ motor must be less than 750 watts. If the motor is over 750 watts it will qualify as a motor driven cycle and have requirements similar to a motorcycle.

In 2015 AB-1096 was passed by the California legislature. This law sets forth three classifications (Class 1, 2 and 3) of e-bikes based upon their maximum speed, propulsion assistance by the motor, and method of operation.

Class 1: A class 1 e-bike is a low-speed pedal-assisted electric bicycle. Class 1 e-bikes are equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour.
Class 2: A class 2 e-bike is a low-speed throttle-assisted electric bicycle. Class 2 e-bikes are equipped with a motor that may be used to propel the bicycle without pedaling, and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour.
Class 3: A class 3 e-bike is a speed pedal-assisted electric bicycle. Class 3 e-bikes are equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour, and equipped with a speedometer.

E-bike riders must follow the rules set forth in California vehicle code. Some general rules to remember are:

Pedestrians have the right of way. This includes pedestrians in and out of a crosswalk; bike riders are required to yield to pedestrians.
Riders are required to stop behind crosswalks, leaving them clear for pedestrians.
E-bike riders must stop at stop signs and obey traffic lights just like motor vehicles.
Reflectors and a front white light are required by law at night time.
Class 3 e-bikes are prohibited from Class 1 multi-use bike paths such as hiking or recreational trails.
Class 3 e-bike riders must be over the age of 16 and wear a helmet.

California state law and vehicle code sets forth most of the rules regarding e-bikes, but local ordinances also impact how e-bikes can be used. In San Francisco it is illegal to ride on the sidewalk if you are over the age of 13. Also, in San Francisco riders must keep at least one ear open and free from any headphones or other devices that can cause distraction. You must leave one ear free to ensure you can hear your surroundings.

When it comes to licensure and insurance, e-bikes are treated like bicycles rather than motorcycles. E-bike riders are not required to obtain any special licensure to operate them. As of 2017, all e-bikes in California are required to have a label that describes its type, top assisted speed, and motor wattage. This can be used to identify what class of e-bike is being operated. It is also unlawful to tamper with or alter an e-bike’s speed capabilities without replacing the label on the bike that specifies what the speed capabilities are.

E-bikes are not treated as motorcycles in California and therefore liability insurance is not required. As we mentioned above, an e-bike motor is less than 750 watts, if a bike’s motor is over 750 watts the bike is classified as a motor driven cycle and will require insurance and licensure similar to a motorcycle.

Some insurance company policies may cover injuries from accidents involving e-bikes. Base policies will generally not specifically cover accidents involving e-bikes but will cover personal injury accidents. This can leave some room to get financial compensation even if you or the other party doesn’t specifically have e-bike insurance. If you want to know the details of e-bike insurance available to you, you should contact your insurance agent or a skilled accident attorney to discuss what coverage is available under the circumstances.

With a growing population of e-bike riders in the Bay Area it is important to stay vigilant and safe on the road. If you are ever in an accident with a bicycle, make sure your attorney knows the difference in e-bike classifications and what rights and responsibilities motorists and bicyclists have under California Law. Be safe out there, thank you for writing in with your questions.

Written By Chris Dolan

This week’s question comes from Luca from Mill Valley: I have simple question for you. Some riders have them some don’t. Are bike lights legally required in California?

Thank you, Luca, for the question.

The simple answer is yes, a bike light is required at nighttime. The law requires the light to meet certain requirements and requires the use of reflectors as well. Let’s start by discussing the lights and reflectors and then we will discuss what is required by California law.

What is a Bicycle Light?

A bicycle light is typically a battery powered LED device that attaches to, or is built onto, a bicycle that helps the rider be noticed by traffic and others on the roads, paths, or trails. Bike lights also allow for greater visibility to the rider resulting in safer riding.

The front bicycle light is a white lamp, and the rear light is a red reflector or red light with a built-in reflector.

What is a Bike Reflector?

Bike reflectors are another important part of a bike that increases the visibility of bicyclists. A bike reflector is a safety device that is designed to redirect light that strikes it. When light strikes a reflector, it illuminates and emits the reflected light outward.

While bike reflectors can be highly visible under the right circumstances, they are generally insufficient visibility aids for night riding. This is why California law requires the use of a bicycle light as well as reflectors.

How Bright Does my Light Need to Be?

The front white light of a bicycle should be bright enough to be visible from at least 300 feet from the side and front of your bicycle.

Light brightness is measured in lumens. Lights will be brighter and more visible to humans when its lumen rating is higher. Typical home light bulbs range from 300 to 1000 lumens.

As a bicycle rider you want to use a light that lights up the area you are riding through and makes you visible to others hundreds of feet away. Most riders will be comfortable with a minimum lumen rating of 200. The optimal lumen rating for a front white bike light is 250-400 lumens to be sufficiently visible to others while also lighting your path forward.

What is the Law in California for Bicycle Lights and Reflectors?

California Vehicle Code § 21201(d) sets forth the requirements for using lights and reflectors on bicycles. The law requires the use of lights and reflectors when a bicycle is operated during darkness. During the daytime, when the conditions are visible, a bicycle rider is not required to illuminate themselves with lights, although it is a safe practice to use a white front lamp and red reflector at all times when riding.

During the darkness a bicycle must be equipped with the following:

A front white light that is visible from a distance of 300 feet in front and from the sides of the bicycle.
A rear red reflector or a solid or flashing red light with a built-in reflector that is visible from a distance of 500 feet to the rear.
A white or yellow reflector on each pedal, shoe, or ankle visible from the front and rear of the bicycle from a distance of 200 feet.
A white or yellow reflector on the front half of the bicycle (typically the front wheel); and a red or white reflector on each side of the back half of the bicycle (typically on the back wheel); or reflectorized front and back tires.

The biggest benefit of bicycle lights and reflectors is visibility. you want to be seen, so you don’t get hit by cars. Remember to practice safe biking habits and stay safe out there!

Written by Chris Dolan and Cristina Garcia

This week’s question comes from Patricia D. from the Mission District, who asks: I was riding my bicycle down 19th Street approaching Mission Street when a distracted driver traveling in the opposite direction struck me. He was apparently texting, driving, and traveling too fast on the roadway. When the vehicle struck me, I fell on my right side. As a result, I broke my right wrist and suffered a terrible road rash on my right elbow and shoulder area. The driver and I exchanged information before I was transported to the hospital. I recently received a call from the driver’s car insurance informing me that they would not pay for the damages to my bike or any of my medical expenses because I was at fault. Are they correct?

Dear Patricia,

Thank you for your question. Adult bicyclists have the same duties and responsibilities as motor vehicle drivers under the California Vehicle Code (“CVC”) 21200. CVC 21200 provides as follows:

“(a)(1) A person riding a bicycle or operating a pedicab upon a highway has all the rights and subject to all the provisions applicable to the driver of a vehicle by this division, including, but not limited to provisions concerning driving under the influence of alcoholic beverages or drugs…”

Therefore, California laws treat bicyclists as motor vehicles that must abide by all traffic laws, which includes CVC section 21650, which provides that all cyclists must travel in the same direction as traffic. If bicyclists need to head in the opposite direction of traffic, they must walk with their bikes on the sidewalk.

For this reason, the driver’s vehicle insurance is likely denying your claim for property damage to your bicycle and personal injury claim. This denial does not completely bar you from recovering for your injuries if the other driver was also negligent. For example, suppose the police report or witnesses corroborate that the driver was speeding or texting while driving. In that case, counsel can argue that the driver’s negligent acts also caused the collision.

An issue that is likely to be raised is “Comparative Fault,” also called “Comparative Negligence.” Comparative Fault is the percentage of fault the court assigns to the injured party. California law states if the parties are found to share fault, the law requires that the amount of recovery that the injured party is entitled to be reduced by his or her percentage of fault. For example, if the injured person is found to be 30% at fault, their compensation award will be reduced by 30%. The driver’s insurance adjuster generally assigns this percentage if the case settles pre-litigation. However, if your case does not settle before trial, a jury will decide what percentage of fault will be assigned to each party.

If you were injured in a bicycle collision due to someone’s negligence, you have the right to seek compensation for your economic and non-economic damages. Due to the complexity of Comparative Fault, cases involving Comparative Fault, you must contact a qualified and skilled trial lawyer to review the situation and assist you with your claim to ensure that you receive full and just compensation for your injuries.

Written By Christopher Dolan and Jeremy Jessup

This week’s question comes from D. Conger from San Bruno who asks: While traveling in Washington, I was involved in a motor vehicle collision that resulted in injuries. The funny thing is that I found out the person who struck my vehicle was from San Jose. I had initial treatment in Washington and more once I returned home. In addition, I have missed a substantial amount of time from work. I would like to seek compensation for this collision but don’t have the energy to try and find an attorney up there. Do I have to have an attorney from the state of Washington represent me?

Dear D.,

I am sorry to read about your ordeal and wish you a speedy recovery. With the summer months upon us, research shows that summer travel is returning to pre-pandemic levels. The most recent data on summer travel suggests that it will be busy this year, as a recent survey from The Vacationer found that nearly 81 percent of Americans were planning to travel. According to Janeen Christoff of Travel Pulse, road trips remain one of the most popular forms of travel in a post-pandemic world. The nearly 80 percent of travelers who said they were going to take a road trip make up approximately 206 million Americans. Almost 20 percent will travel more than 500 miles from home by car. Also, nearly 7 percent say they will take road trips more than 1,000 miles from home.

With all those people on the road, collisions are bound to occur across state lines.

The simple answer to your question about whether you need local counsel, is that it depends. In most cases, while you live out of state, you may need to hire an attorney licensed in the state where the collision occurs to represent you. However, that is not always the case.

The correct venue (the county or district where a case must be heard) is one of two places. It is where the injury-causing event occurred, in this case, the motor vehicle collision, or where the defendant resides. If one were to elect where the defendant resides for your case, that would be Santa Clara County, here in California. In that case, you would not need to find an attorney up in the state of Washington. However, the important thing to remember is that in most cases, the laws of where the collision occurred would still apply; in this case, that would be the state of Washington. Some attorneys are comfortable dealing with the laws of other states, and some are not.

However, let’s assume that the defendant was a resident of the state of Washington. Again, local counsel would be required, but you could still hire someone from California. In that case, the attorney, if they agreed, could seek to get “pro hoc vice” (Latin for “on this occasion”) into the State of Washington. If the court grants the motion, the California attorney, with the supervision of the local attorney, would be granted a temporary license to practice in the state of Washington, but only on your case. In most instances, the California attorney you select will already know someone in the other state, which is why they agreed to accept the case. You would not need to try and find two attorneys.

With the advancement of technology and courts allowing for remote appearances, it is now as easy as ever for attorneys to represent clients in different states. For example, all attorneys at our firm are licensed in California. However, some are licensed in Oregon, Washington, Georgia, Arizona, Texas, and Massachusetts. We have handled all aspects of litigation in these states, including trials in some.

Finally, an attorney in California may hold licenses in other states, allowing them to practice in multiple jurisdictions. Essentially, this means that even though the attorney of your choice resides in one state, if they hold a license in another, they can freely practice there, as if they were local.

Remember, no matter who you choose to represent you, be sure to document everything, lost earnings, medical treatment, and symptoms, and provide them to your attorney. As a team you will work together to get the best result.

Written By Megan Irish and Christopher B. Dolan

This week’s question comes from Kevin who asks: I recently witnessed a car crash where a truck ran a red light and hit a woman in a small SUV. The truck completely ran the red and hit the woman. She had the green light, and I saw that the pedestrians walking her way had 8 seconds on their count down. I stayed at the scene and gave the injured woman my contact information, but I couldn’t stay long because I had my little boy with me and did not want to stand on the street for long. I also told her I saw that the truck ran the red and hit her, but I wondered what else I could have done to help. What do you think is helpful to do when you see a car crash?

Dear Kevin,

Thanks for staying and telling the injured person what you saw. In terms of what you can do as a witness, there are many things. First, make sure you are safe to stop at the scene of a collision. If it is not safe, you can call 911 and report the crash and provide a statement about what you saw. You can describe where you were and what you observed. Sometimes the investigating officer will call you back and conduct complete interview about the collision. They will refer to you as a witness in the traffic collision report and summarize your statement to them in the report. Be honest and as straightforward as you can be. Provide any specific details you can. However, if you can stay at a scene and speak to the people involved, that is great too.

When you observe a collision, here are a few things to look for:

Look at where pedestrians are walking, and cyclists are riding. Can you see the traffic signal light, and if so, what color is it for whose direction of travel? Are there protected turn lights for left-hand turning vehicles, and if so, what color are they? Can you see the count down for pedestrians crossing the street? if so, on what number is it? Was the driver avoiding any hazards? If so, what is it, where did it come from, and where did it go? Was the hazard also involved in the collision? Where are the involved vehicles stopped? Can you note the license plates? Are the drivers involved staying at the scene or trying to leave? Do you have a camera on you? Can you safely take some photos? Or a video? If you can take pictures, try to capture the locations where the vehicles came to rest. Take photos of any debris that came off the cars, and any skid marks associated with the collision. Take pictures of the license plates of the vehicles involved in the crash, and the people who were driving the cars. If you have time and can capture the color of the light before it changes, that can be helpful too. Watch the traffic lights cycle through. Are there any problems with them, such as the same color showing for both directions at once? If that happens, then definitely try to get a video and bring it to the attention of the people involved in the collision, as they will need to try and get a video to provide to their insurance. Although this is a long list of things to remember to do, this information can be helpful when explaining who had the green and who had the red lights. If a person is badly injured, they may leave the scene in an ambulance, and they will not be able to relate what happened to the police. Any statements you provide can be helpful to the investigating officers and or insurance companies to understand how the collision occurred and who was at fault.

Liability

Determining who was at fault is crucial to establishing liability for a matter. Liability is the legal term for who is responsible for the collision and whose insurance company need to cover the costs of the repairs to the vehicles and the injury to the people. Liability is frequently ‘disputed,’ meaning insurance companies cannot determine who caused the collision. Therefore, they wait on making any payments until they can establish more evidence to prove one vehicle was responsible for the other. For instance, in the collision you observed, where one car ran the red light, it will be necessary for the person who had the green light to prove they had the green light to the other driver’s insurance. The parties typically dispute red light-green light cases, and an independent witness statement, such as your own, can be very helpful. The insurance companies will call you after a collision, and your statements will help the at-fault driver’s insurance take responsibility for the damages to the injured party.

It is significant that you stayed and relayed what you observed. Your statement was likely beneficial to the drivers involved and is appreciated by those involved in a collision.

Written By Christopher Dolan and Allison Stone

This week’s question comes from Anonymous who asks:

What should I expect once I have hired an attorney after an accident?

Dear Anonymous,

Thank you for your question. After you are involved in an accident and hiring an attorney, there are still a lot of unknowns and questions. What happens next? Here is an overview of what to generally expect during this time:

Sign Initial Documents:

The first step in hiring an attorney is signing a retainer agreement along with other paperwork so your attorneys can start working on your case. This paperwork often includes signing various authorizations that allow your attorneys to get the necessary records to prove your case.

Provide Documents and Information:

In addition to signing the retainer agreement and opening documents, you will need to provide your attorney with the information and documents you have. Documents include a copy of your ID, insurance cards (automobile and health insurance), photos, and other evidence relating to the incident. It is also essential to provide the facts about how and when the incident happened, what injuries and losses you suffered, if you have missed work, or if anyone witnessed the incident. You must also provide your attorney with a complete list of all the doctors and healthcare facilities that treated you. This documentation is necessary not just at the beginning of the case but also crucial to keep attorneys updated as you continue to seek medical treatment. Your attorney can then obtain all medical records and bills.

Attempt to Negotiate a Pre-Litigation Settlement:

Attorneys will often send the insurance company a settlement demand once they obtain documents. This demand will set forth the basis of your case, explain your injuries and damages, and provide photos, medical records, and bills. The insurance company will review the demand, typically make a counteroffer, and a negotiation process will generally follow.

Filing a Lawsuit:

If your attorney cannot negotiate a pre-litigation settlement, they will file a complaint, starting the litigation process. Retaining an attorney as soon as you can after an accident is very important. There is a time limit when you can file a lawsuit called a statute of limitations. This statute of limitations varies depending on the type of case. If you miss the statute of limitations, you will not be able to file a lawsuit.

Once a complaint is filed, your attorney will find and serve the complaint on the defendant, advising them they are being sued. At this point, the defendant will hire an attorney or notify his/her/their insurance company who will represent him/her/them. The insurance company will hire a lawyer if the defendant has not already hired one.

Discovery:

This is typically the longest phase of a case and can take months, a year, or years depending on the circumstances of the case. During discovery, each side asks the other side for all the information and evidence they have to support their claim and arguments. Your attorney will likely contact you intermittently with specific questions about the accident, your injuries, status updates, etc. During discovery, both sides will also take depositions. As an injured party or a Plaintiff, you will have a deposition, which is a time for you to answer questions by the defense attorney. Another part of discovery in a personal injury case is a physical examination where the defense can have you examined by their medical expert. Also, during this discovery phase, your attorneys will often have various hearings with the other side and the judge to provide updates and reports as to how the case is progressing.

Experts:

At any time during the case, your attorneys may hire various experts. Experts are needed to prove different aspects of your case, and the attorneys will hire the necessary experts for your case. Every case is different. You may have to meet with their experts. Or, experts may be involved in part of your case that does not require your involvement.

Mediation:

Mediation is a process wherein the parties meet with a neutral third person, a mediator, who will help parties reach a settlement. It is not an adversarial process; typically, each party is in their room or space and never speaks to or sees the other party(s). Working with an independent person who helps to settle your case is an essential step in virtually every case.

Trial:

During a trial, both sides have a chance to go to court and present evidence and witnesses that supports their case to a jury. In the end, either a judge or jury come to a verdict. At any time, the matter can settle, which ends the trial. Most personal injury cases settle and do not proceed to trial.

With all of this said, it is critical to be patient and trust your attorney who is there to guide you through the process and make recommendations along the way. The most important thing is to hire a trustworthy and hardworking attorney to handle your effectively and efficiently.

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