Category: Car Accident

Auto Accident Liability: Lane Changing

Accidents are horrible enough, however, not knowing the rules around an accident is even worse. Lane changing is among the most common causes of auto accidents on the road. Especially on highways and multilane roads, high-speed limits and more cars are prone to getting in accidents. With the rising responsibilities and risks of drivers on the road, it can be even trickier finding out which party is at-fault.

Liabilities in Changing Lanes

Liabilities for any accident are sorted into two main categories: violation of motor vehicle statutes and driver negligence. However, filing a claim based on lane-changing negligence is broken down into four additional parts:

  • Duty: Was the other driver operating his vehicle responsibly?
  • Breach: Did the other driver change lanes without warning?
  • Causation: Were you hurt due to the other driver’s negligence?
  • Damages: Can you prove your injuries using medical records or primary evidence?

If the other driver was driving illegally, you can use this to determine auto accident liability. Most states, including California, have laws in place they are meant to prevent lane changing accidents. The majority of these laws state that drivers should only change lanes when it is safe to do so. Additionally, they must use the correct signals continuously for a minimum of 100 feet before changing lanes. It does not matter if the other driver was convicted of a crime during the accident. You may still be able to use the proof of the law-breaking to build a civil case.

How to Prove Auto Accident Liability in Your Accident

Even though you may believe you know who was liable for the accident, it can be hard to prove auto accident liability it in a court setting. You will need to obtain proof that the other driver was negligent in the form of eyewitness statements, police reports, and photos of the scene of the accident. You might also need to prove that you did not play any contributing role in the lane changing accident by speeding or something of the like.

Contact the experienced lawyers at Barnett & Bennett if you are considering filing a lawsuit after a lane-changing accident.

Cell Phone Related Car Accidents

The cause of an accident will determine who is held liable. If the driver that caused the accident was talking on a cell phone or texting, they will likely have difficulty defending their case.They may also face additional penalties. California has laws related to distracted driving which impose limitations on the use of cell phones by drivers.

Even if you are using an earpiece, Bluetooth device, or speakerphone system, if you are talking on a cell phone or texting and driving, a law enforcement officer or another party may claim that you were driving while distracted. The NHTSA reports that one in ten car accident fatalities involve a distracted driver. (more…)

Injured in an Uber Car Accident?

If you are injured in an Uber car accident you probably have a lot of questions. Who is liable? Can I sue Uber? Can I sue the driver? These are all good questions. Ridesharing has become increasing popular over the past few years. With so many people utilizing ridesharing service like Uber, there have been many car accidents involving ridesharing drivers where passengers have been injured. (more…)

Do You Have Enough Insurance?

Two Car Crash 7Being in an automobile crash is a terrible experience. It is even worse when there is not enough insurance to pay for all your injuries and suffering. At the Barnett and Bennett Law Firm, we have dealt with countless people who have been involved in auto collisions. Many times, accident victims can’t get all of the help they deserve because they don’t have the right insurance. People without enough insurance often tell us that they have “full coverage” believing that they are protected. In reality, there’s no such thing as “full coverage.” You should make sure you know the details of your auto insurance policy. Don’t just assume that you are “fully covered.” (more…)

Man Killed in Cab Accident in Fairfield

On Monday, March 16, 2015, a Loyalton man was killed in a cab crash in Fairfield. The cab, a Ford Crown Victoria, was traveling approximately 60 to 65 miles per hour on Interstate 680 northbound at the time of the collision. The crash occurred at about 1:05 a.m. The victim was pronounced dead at roughly 1:33 a.m.

The cab driver lost control of the vehicle, and it traveled to the right and off of the roadway. Then, the car became airborne and flipped. There were three people in the car at the time, the driver and two passengers; all of them were wearing their seatbelts prior to the collision. The cab sustained significant damage and the driver’s airbag deployed. (more…)

Car Drives into Business in Vacaville

A car crashed into a building in the 1000 block of Hume Way on March 11, 2013. The accident occurred at 9:54 a.m. The car crashed through the front doors of a salon and was entirely inside the building when the car finally came to a stop.

Thankfully, no one was harmed as a result of this crash, and the car did not cause any fires (which is common when cars drive into buildings). In fact, the building inspector determined that the structural integrity of the building was fine, but the business could obviously not be accessed from the front doors. There was one employee in the salon at the time of the crash, and while he did not appear to be injured, he was taken to the hospital as a precaution. (more…)


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Barnett & Bennett Law Firm

712 Empire Street,
Fairfield, CA 94533

P: 707.425.0671