Practice Areas
Frequently Asked Questions
- What if I am injured by a drunk driver in an accident?
- What are the most common causes of motorcycle accidents?
- What is a wrongful death claim and what damages can be recovered?
- What if I am injured in an assault or a battery?
Q: What if I am injured by a drunk driver in an accident?
If you are involved in an accident and suspect that the other driver may be under the influence of drugs or alcohol, contact the police right away and notify them that you suspect the other driver is under the influence. If the other driver is determined by the police to be driving under the influence, keep in mind that the criminal proceeding against the other driver will not compensate you for your injuries; you will have to initiate a separate civil action against the driver to recover for your injuries. Contact an experienced personal injury attorney to protect your rights and your ability to recover for your injuries and losses.
Q: What are the most common causes of motorcycle accidents?
There has been an increase in motorcycle ridership over the past few years, largely as a result of increased gas prices and traffic congestion. Not surprisingly, the number of accidents involving motorcycles has also increased. The most common types of motorcycle accidents are the following:
- Motorcycle crashes involving cars and trucks: 75% of all motorcycle accidents result from collisions with cars or trucks. Motorcyclists are frequently hit by vehicles making lane changes.
- Single bike accidents: Accidents involving single motorcycles are often blamed on the motorcycle rider, and police reports often assume that the motorcycle rider was to blame for his or her own injuries. However, single bike accidents often occur as a result of a dangerous condition in the roadway, or when the rider took evasive action to avoid hitting an animal or another vehicle. Single bike accidents can also be caused by a defect with the motorcycle itself.
- Rear-end collisions by other vehicles: Motorcyclists are frequently rear-ended by cars or trucks that lack the stopping ability of a motorcycle, particularly when there is heavy traffic or when traffic comes to the sudden stop.
- Car doors opening unexpectedly: Motorcycle riders are often thrown from their bike or suffer injuries when drivers open their car doors unexpectedly. Drivers frequently fail to see motorcyclists when they look for oncoming traffic before opening their door.
- Road hazards and debris: Motorcycles are sometimes unable to avoid dangerous and hazardous debris or conditions on the roadway, including potholes, loose or uneven pavement, and oil or other substances on the road.
In California, the statute of limitations for injuries resulting from a motorcycle accident is typically two years from the date of the injury, with some exceptions. It is strongly recommend that you contact an experienced personal injury attorney immediately if you are involved in a motorcycle accident to preserve your rights and your ability to receive compensation for your injuries.
Q: What is a wrongful death claim and what damages can be recovered?
A wrongful death claim arises when a death occurs as a result of the conduct of another person. California law allows the spouse, children, and parents of the deceased to pursue a claim on behalf of the deceased (other related individuals may also be able to file a claim). The statute of limitations for a wrongful death claim is generally two years after the date of death.
Damages in a wrongful death claim are intended to compensate for the losses resulting from the death of a family member. Examples of recoverable damages include:
- Loss of Future Earnings: the amount the decedent would have earned during his or her lifetime
- Direct Expenses: including hospital and medical bills, and funeral cost
- Loss of Benefits: what the decedent would be entitled to in pension/retirement benefits had he or she survived
- Loss of Companionship: the loss of companionship and financial support provided by the decedent
Damages for loss or damage that the decedent sustained before death, including any penalties or punitive or exemplary damages that the decedent would have been entitled to recover had the decedent lived; or damages for pain, suffering, or disfigurement, are not recoverable in California.
The passing of a loved one is a difficult time, however, you should seek the advice of an experienced personal injury attorney immediately if you believe you have a wrongful death claim.
Q: What if I am injured in an assault or a battery?
An intentional tort is essentially an injury caused by an act that the defendant knew, or should have known, was wrong. Both an assault and a battery are intentional torts.
- An assault is intentionally causing the reasonable apprehension of an immediate harmful or offensive contact. For example, pointing a realistic-looking BB gun at the plaintiff may be an assault, even if the defendant was 30 feet away and could cause no harm.
- A battery is intentional harmful or offensive contact with another. For example, hitting someone with a fist or an object may constitute a battery.
Keep in mind that the damages for an assault or battery will vary depending on the severity of the injury. The statute of limitations for an assault or a battery is generally two years from the date of the injury. If you have been the victim of an assault or battery you may be entitled to recover damages from the person who committed the assault or battery; depending upon the facts of the case, you may also be able to recover from their insurance company, their employer, and the owner of the property where the incident occurred. If you have been injured by an assault or battery, contact an experienced personal injury attorney immediately to discuss the specifics of your case and preserve your rights.
The Law Offices of Cavalluzzi & Cavalluzzi represents clients in personal injury matters in Southern California, throughout West Hollywood and Beverly Hills, as well as in the Greater Los Angeles Area.
