The Law Offices of Laurel A. Buchanan Inc.

Ride share drivers face new DUI blood alcohol level law effective July 1, 2018

Sun, 01 Jul 2018 23:16:00 GMT

For those of you who are part of the Ride Share community and who drive for companies like Uber and Lyft, there is a new DUI law in effect TODAY. You cannot drive if you have a BAC (blood alcohol concentration level) of .04 or more, or your risk arrest and prosecution for DUI in California. Depending on what you are drinking and whether or not you have consumed food, along with body mass, this could mean a single large alcoholic drink makes you DUI if you drive shortly after consuming. Two drinks definitely places you at risk for arrest.

MARIJUANA – VEHICLE LAWS FOR 2018

Sat, 30 Dec 2017 03:44:00 GMT

We bring in the new year with new laws for use of marijuana in vehicles on the roads. Don’t be ignorant of the fact that if you drive impaired from use of ANY drug you may be arrested for DUI.

Senate Bill 65 prohibits the smoking of ingesting of any marijuana product while driving or being a passenger in a motor vehicle.

Senate Bill 94 Prohibits non-medically authorized open cannabis or cannabis products in cars.

It is important to understand that legalized pot doesn’t not mean your simply free to use the drug. Just as you cannot be impaired by use of alcohol or have an open container of alcohol in a car – the same type of rules apply to use of marijuana in cars and driving.

If you are arrested or cited you should seek the counsel of a criminal defense attorney. We are here to help.

Stay sober and stay safe – Have Happy New Year

When must an accident be reported to DMV?

Sun, 12 Mar 2017 22:27:00 GMT

Recently the law changed in regards to reporting property damage accidents. As of January 2017 the amount of property damage as measured in dollars ($$$) rose to $1,000.00 from the previous $750.00 requirement.

If there was property damage of more than $1,000 ($750 for accidents prior to January 1, 2017) or

anyone was injured (no matter how minor) or anyone was killed a report must be made.

Each driver must make a report to DMV within 10 days, whether you caused the accident or not and even if the accident occurred on private property. Mail the completed report form to the address on the form.You will need to use the DMV SR1 form to make the report. The form is available on line.

You can read the California Driver Handbook “Reporting The Accident To DMV.” for additional information. https://www.dmv.ca.gov/portal/dmv/detail/forms/sr/sr1

Driving you car for business?

Sat, 11 Mar 2017 01:14:00 GMT

If you drive your car for business purposes be sure and look at the language in your insurance policy. Many regular auto insurance policies do not cover you ( have exemptions ) when the insured is working and using the car for work. For such business activity specific business liability coverage is needed.

We recently dealt with a young man who was using his car to deliver pizza when he was driving as a pizza delivery person. He was sued for damages for injury caused to another person whom he hit. His insurance company declined coverage. Luckily for him, with some help from our office, we were able to help him get the matter worked out…..but the lesson is clear – know what you are covered for or address the issue with your employer or insurance agent. Business use almost always calls for the need of specific insurance, and regular insurance liability coverage often has language in the contract specifically disallowing coverage when the driver is engaged in business.

Thoughts for driving this New Years Eve – Intoxicated

Sat, 31 Dec 2016 19:43:00 GMT

For those who plan to drive tonight, here are some facts to keep in mind about intoxicated drivers:

FACT: An estimated 32% of fatal car crashes involve an intoxicated driver or pedestrian. (NHTSA)

FACT: 3,952 fatally injured drivers tested positive for drug involvement. (FARS)

FACT: Over 1.2 million drivers were arrested in 2011 for driving under the influence of alcohol or narcotics. (FBI)

FACT: Car crashes are the leading cause of death for teens, and about a quarter of those crashes involve an underage drinking driver. (SAMHSA)

FACT: On average, two in three people will be involved in a drunk driving crash in their lifetime. (NHTSA)

Drive safe and sober, and have a Happy New Year.

New California Vehicle Laws for 2017

Fri, 30 Dec 2016 04:55:00 GMT

Here are some new laws going into effect for 2017 in California:

Use of Electronic Wireless Devices (AB 1785, Quirk): Driving a motor vehicle while holding and operating a handheld wireless telephone or a wireless electronic communications device will be prohibited, unless the device is mounted on a vehicle’s windshield or is mounted/affixed to a vehicle’s dashboard or center console in a manner that does not hinder the driver’s view of the road. The driver’s hand may only be used to activate or deactivate a feature or function on the device with the motion of a single swipe or tap of the driver’s finger, but not while holding it . The law does not apply to manufacturer-installed systems that are embedded in a vehicle.

Child Safety Seats (AB 53, Garcia): This law requires a parent, legal guardian, or the driver of a motor vehicle to properly secure a child who is younger than 2 years of age in an appropriate rear-facing child passenger restraint system , unless the child weighs 40 or more pounds or is 40 or more inches in height (3 feet, 3 inches).

Motorcycle Lane Splitting (AB 51, Quirk): This law defines “lane splitting” as driving a two-wheeled motorcycle between rows of stopped or moving vehicles in the same lane. The law authorizes the California Highway Patrol (CHP) to develop educational guidelines relating to lane splitting in a manner that would ensure the safety of motorcyclists, drivers, and passengers. In developing these guidelines, the law requires the CHP to consult with specified agencies and organizations that have an interest in road safety and motorcyclist behavior.

Vehicle Registration Fee (SB 838, Committee on Budget and Fiscal Review): This law increases the vehicle registration fee on every vehicle or trailer coach from $43 to $53 beginning April 1, 2017.

Environmental License Plate (SB 839, Committee on Budget and Fiscal Review): This law increases the fee for the issuance of Environmental License Plates from $48 to $53, starting July 1, 2017. This law also increases the fee for the renewal, retention, transfer, or duplication of Environmental License Plates (personalized) from $38 to $43, starting January 1, 2017.

Accident Reporting (SB 491, Committee on Transportation and Housing): This law increases the minimum financial threshold for property damage that is required to be reported to the DMV from $750 to $1,000 when a driver is involved in a motor vehicle collision.

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What you say after a traffic accident occurs

Mon, 12 Dec 2016 05:04:00 GMT

1. Be aware that what you say at the time of an accident can have ramifications, and possibly cause you problems – speak little but listen much.

2. If injured do not downplay your injuries.

3. If you can, collect as much information as you can get.

4. Call someone if you can – get more eyes on the situation.

5. Don’t guess what happened or what the “cause” of the accident was.

Depending how bad your accident was, you may or may not be left at the scene to answer questions posed by other drivers or the police. If your upset or confused then don’t answer such questions. Do give the other parties or police your driver’s information, registration, and insurance information – its required. Don’t admit to issues like who was liable or caused the accident…you may be wrong and usually these are opinions that you do not have enough information to properly address. Yet, what you say may be “admissions” that can later be used against you. So be careful what you say.

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UIM Under Insured Motorist insurance

Sun, 04 Dec 2016 01:31:00 GMT

Sometimes we wish we could go back in time with our clients to the point where they were purchasing their auto insurance – there we would whisper in their ears – BUY the UIM – its relatively cheap and you MAY NEED it if your in an accident.

This is true because so many people buy the very lowest liability policy out there. Frequently we have clients who have sustained major injuries in a crash for which they were not at fault, but soon we find the policy held by the negligent drive is very small, e.g. 15/30/5. Meaning $15,000 per person, total of $30,000, with only $5,000.00 for property, This kind of coverage hardly covers a fender bender today! Only the UIM insurance purchased from you carrier is going to help you out in this situation.

For the New Year here is a resolution – I will look at protecting myself and family from negligent people who are under insured. Discuss adding a decent UIM coverage to your insurance. It may also come into use for some losses you might not think about.

Drive Safe.

In a Traffic accident. Do I need an attorney?

Sun, 09 Oct 2016 23:32:00 GMT

What color was that light?

Often when people are involved in a traffic accident they wonder if they need an attorney, or if that will just cause more problems. We at Decker and Buchanan Law office understand this concern, and certainly some accidents can be properly handled without an attorney. I am mainly referring to an accident where nobody was hurt. With both injury and non-injury accidents there are always at least 2 components to get worked out.

Who was at fault?
What are the damages that someone must pay?

Private property ( your car), damaged in an accident without anyone hurt, and with both parties covered by insurance can often be handled without involving an attorney. But things quickly get complicated when someone is hurt. If your hurt in an accident and its not your fault, then retaining an attorney is certainly a good idea. Most personal injury attorneys charge you nothing upfront, taking the case on contingency fee. This means no recovery is no cost. Attorneys and their staff gather medical records and reports, and do the leg work to fight it out with the other sides insurance carrier(s). There are also forms to be filled out for insurance companies and sometime the state.

For california accidents visit the California DMV website. https://www.dmv.ca.gov Experienced attorneys in the Riverside and San Bernardino areas at the Law Offices of Decker and Buchanan are ready to help take the burden off of you and fight to get you fair and adequate compensation for your losses.

With our knowledgeable staff we can put your case together and give it the right footing to make resolution of your claims go much more smoothly. Traffic accidents can cause you so many headaches, that if your thinking of going it alone, you should ask yourself if that is really the way you want to spend your time. If it is you should next ask if you are comfortable with your understanding of the law and how liability is determined. Then ask if you know or can learn how to properly prepare a claim and what your claim is worth. Finally, will you have an adjuster on the case that will give your case proper concern when there isn’t currently an attorney willing to file suit to force the matter to resolution.

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I’m on the registration of a car that was in an accident

Tue, 07 Jun 2016 05:04:00 GMT

When you are on the registration of a vehicle in California which is involved in an accident you can be liable for damages caused by the driver of that car. The law limits your liability to the lower limits of the required liability insurance, unless you are in some other way legally held liable. If you had some part in negligently entrusting the vehicle to a party that should not be behind the wheel you may have additional exposure to liability for negligent entrustment.

Its a good policy to limit your exposure by not being on the registration of vehicles you do not need to be on, or be on as a lien holder if you have only a financial interest. It is always a good practice to have adequate liability insurance when any motor vehicle is involved as the potential for high dollar liability looms.

Who is at fault?

Wed, 18 May 2016 14:45:00 GMT

I was struck from behind – Is the party that hit me at fault?

The answer is usually yes. That is because in California it is unlawful to drive at a speed unsafe for conditions (VC 22350). If you are going too fast to stop in time for traffic ahead, then your speed is unsafe “for conditions”. Drivers often make this mistake in fog or rain.

However, there can be times when a party struck from behind is at fault, or at least partially at fault. California uses a comparative negligence scheme. So drivers can share fault and damages may be awarded for the percentages of their fault.

How might a party struck from behind be at fault or partially at fault? One classic example is cutting in front of traffic and abruptly hitting the brakes. Another is not having functioning brake lights or giving signal.

You shouldn’t jump to conclusions on fault in accidents. Even the police who investigate can get it wrong. Contact an accident attorney like those at Decker & Buchanan to get an opinion by litigators who have years of experience in this field.

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Injured driving DUI

Fri, 06 May 2016 05:11:00 GMT

If the fines, penalties, and loss of license isn’t enough to convince you to not drive while DUI (Under the influence) here is yet another reason. Under California Civil Code § 3333.4 (a)(1) in any action to recover damages arising out of the operation or use of a motor vehicle, a person shall not recover non-economic losses to compensate for pain, suffering, inconvenience, physical impairment, disfigurement, and other non pecuniary damages if any of the following apply: (a) the injured person was at the time of the accident operating the vehicle in violation of Section 23152 or 23153 of the Vehicle Code, and was convicted of that offense.

This means most of the “$$$” of the claim for being injured are not available to the convicted impaired violator. We know that drinking and driving is a mistake, and here is yet another reason not to make this avoidable mistake.

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What to do if your involved in a Hit and Run traffic accident

Sun, 01 May 2016 22:38:00 GMT

At a hit & run accident: Your first concern is the safety of yourself and others. The last thing you want to do is chase the other party. One great reason not to chase after them, is that you not immune from the traffic laws just because your chasing a hit and run vehicle. Then there is the problem of what to do if you do catch up to them.

The best course of action is to immediately report the matter to the police department, and assuming nobody is hurt and in need of your emergency care, then you can start looking to see of there were any witnesses. Take notes. Take photos. Stay in a safe spot or at least the safest available. Call loved ones and let them know where you are and what is happening.

Police usually do respond to hit and run accidents even if nobody is hurt. However non-injury traffic accident are not priority calls and response may take awhile. Stay alert to your surroundings while you are waiting. Never believe all danger is over just because the initial impact is over.

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I was just in an traffic accident in California – Do I need to file a report?

Wed, 27 Apr 2016 03:45:00 GMT

Whether a report is required depends on whether there were any injuries in the accident and/or what the value of the damages were.

California requires a Report “SR-1” be filed if anyone was injured, regardless of how minor, or killed, or if damage was more than $750. It doesn’t take much damage anymore to pass that limit!

Also, the police report (if one was taken) does not satisfy the need for the drivers to file the SR-1 within 10 days. It also doesn’t matter who is at fault, all the drivers must file. The form can be found on-line at DMV.ca.gov.

Call The Law Offices of Decker & Buchanan at 951-530-8649 if you need any help on this.

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In an Accident – 5 things to do

Mon, 25 Apr 2016 19:48:00 GMT

Here are 5 things to think about if your ever in a traffic accident:

Are you safe? Just because the accident is over doesn’t mean your safe from further harm.
Police? If they have not been notified they probably should be. This will help assure that the necessary information is gathered.
Medical Attention needed? Does someone need paramedics? Is emergency first aid needed? Helping those in need is a priority.
Watch what you say. Admissions made by parties to an accident can be hard to deal with afterwards, even if the comments made are found to be in conflict with the facts.
Inform those needed. Let your love ones, insurance company, and attorney know what has happened. Seek guidance as needed. We at Decker & Buchanan Law Offices in Riverside will be glad to give you free information over the phone. Call 951-530-8649.

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Quote of the day

Sun, 24 Apr 2016 16:37:00 GMT

Life isn’t about finding yourself. Life is about creating yourself.

George Bernard Shaw

Contact the Law Office of Decker & Buchanan if you or a love one have been involved in an injury accident. We look forward to assisting injury victims in the Inland Empire. Our home is in Riverside, and we also service the San Bernardino County areas.

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New Law Dealing with Motorist and Bicycles

Thu, 21 Apr 2016 17:57:00 GMT

The law requires drivers who pass cyclists from behind to keep their vehicles 3 feet away. But if traffic or roadway conditions prevent motorists from giving cyclists 3 feet of clearance, drivers must “slow to a speed that is reasonable and prudent” and only pass when the cyclist will not be endangered.

Motorist need to always be aware of those “others” who are sharing the roadway and have legal rights too. Bicyclists are particularly vulnerable in traffic. This new law signed by Gov. Brown specifically sets a a 3′ distance as needed for safely passing.

Be aware out there!

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