Law Office of Eric HershlerLaw Offices of Eric Hershler, APC2026-06-24T16:47:07Zhttps://www.lawofficesoferichershler.com/feed/atom/WordPress/wp-content/uploads/sites/1303670/2022/02/cropped-Hershler-site-icon-32x32.pngOn Behalf of Law Offices of Eric Hershler<![CDATA[Proving fault in a Santa Monica hydroplaning car accident]]>https://www.lawofficesoferichershler.com/?p=2546232026-04-24T14:18:21Z2026-04-24T14:15:31ZWhat does the law require?
Drivers generally need to maintain a reasonably safe speed based on traffic conditions. That may mean they must travel at speeds well under the posted speed limit during or immediately after a rainstorm. Failing to do so can make a motorist liable for a crash.
How a personal injury firm can help to prove fault
Factors, including tire tread/wear, vehicle speed and even the details recorded by Event Data Recorders (EDRs) in vehicles, can help prove that another driver was at fault. The details recorded by an EDR can show the vehicle speed and the driver's maneuvers immediately before a crash.
Information included in police reports can also help validate who was at fault for a hydroplaning collision. Details at the scene of the crash, such as skid marks and the placement of debris, can facilitate a collision reconstruction to show the speed of both vehicles and who was likely at fault.
If there are traffic cameras nearby or if either vehicle had a dashcam installed, the footage of the moments before the crash and the collision itself can serve as compelling evidence. Even statements from witnesses who may have noticed one vehicle going much faster than other vehicles or weaving through traffic could help prove who was at fault. Finally, the severity of vehicle damage can make it clear in some cases that one driver traveled at speeds too fast for safety, given traffic conditions.
The team at the Law Offices of Eric Hershler is ready to help those affected by complex car crashes, including collisions that require a forensic analysis. Drivers can schedule a free initial consultation by clicking here or calling [nap_phone id="LOCAL-CT-NUMBER-1"].]]>On Behalf of Law Offices of Eric Hershler<![CDATA[Why do personal injury cases in California have deadlines?]]>https://www.lawofficesoferichershler.com/?p=2545162026-02-17T17:23:06Z2026-02-17T17:23:06ZPreserving the facts
Courts require reliable evidence to identify negligence and determine levels of responsibility. California uses a pure comparative negligence system for personal injury cases, which means the damages you recover after an accident depend on how at fault you are. For example, if you are 20% at fault, you lose 20% of the money you can recover.
However, evidence is not always easy to gather. The longer you wait, the more complications you might face trying to collect it. If you take too long, problems you may encounter include:
Witnesses forgetting details over time or moving away, becoming inaccessible
Security or surveillance footage being deleted
Medical timelines becoming more difficult to link to singular events
With this in mind, it is important to start collecting proof as soon as possible. This way, you can strengthen your case and help courts determine who is at fault for your injury.
Statutes of limitations
California has a two-year statute of limitations for personal injuries that occur due to another person’s negligence. This serves as a deadline starting from the date of injury. However, if government entities are responsible for your injury, you must present the claim within six months instead. If you do not file a case within the deadline, courts will likely dismiss it and you will lose your right to compensation.
Exceptions and takeaways
California has special laws that allow some exceptions to the statutes of limitations. For example, minors can wait until they turn 18 years old before starting the deadline. Similarly, deadlines are put on hold for people who become incapacitated.
Ultimately, these deadlines exist in California to keep cases accurate and manageable. In most injury cases, you have two years to file a lawsuit, but if a government entity is involved, you usually must file an administrative claim within six months before you can sue. This encourages the swift gathering of evidence, helping courts prove who is at fault and determine whether or not you can receive damages. Though meeting deadlines to file personal injury claims can be stressful, it is important to do so quickly to collect proof and strengthen your case.
]]>On Behalf of Law Offices of Eric Hershler<![CDATA[Proving fault on fog accidents in the Pacific Coast Highway]]>https://www.lawofficesoferichershler.com/?p=2545092026-01-16T14:33:57Z2026-01-16T14:33:57ZThe posted speed limit may not be relevant
Under California law, the posted speed limit is not relevant if the marine layer has reduced visibility to a few feet. Drivers have an absolute duty to slow down to a "prudent" speed whenever they encounter adverse weather conditions, and even then, they have to drive with caution. For example, if a driver travels 5 mph below the speed limit but still crashes with another motorist, they are likely negligent for failing to adjust their speed.
Proving negligence
An experienced lawyer needs more than just a statement if they want to prove fault on the other driver. These are some useful elements to consider:
Digital evidence: Data from vehicle sensors (black boxes) to prove a driver failed to brake or slow down.
Meteorological reconstruction: Using historical weather data to prove that fog was a foreseeable problem.
Lighting analysis: Confirming if the person who was at fault increased the risk by using high beams, which reflect off fog and make visibility worse, or by not using any lights at all.
Insurance companies often try to label fog accidents as unavoidable, but in some situations this is not the case. If you have been injured by a low-visibility crash on the PCH, consult a specialized lawyer to consider your options.]]>On Behalf of Law Offices of Eric Hershler<![CDATA[Are parents liable for California crashes caused by teen drivers?]]>https://www.lawofficesoferichershler.com/?p=2545062026-01-05T20:14:45Z2026-01-05T20:14:45ZDo parents pay for crashes caused by their children?
Parents and guardians typically need to sign the driver's license applications of their underage household members. Doing so makes them potentially liable if their underage driver causes a wreck.
Vicarious liability rules established under state law may make parents responsible for the financial impact of a collision caused by a teenage driver. Thankfully, the law does usually limit a parent's financial obligations for a teenager’s crash.
Statutory limitations may include $5,000 in property damage liability and either $15,000 or $30,000 in bodily injury liability, depending on the number of people hurt. Additional liability may exist in scenarios involving high insurance limits or credible claims of negligent entrustment.
When is a parent negligent for letting a teen drive?
The legal concept of negligent entrustment involves allowing a clearly unsafe situation to unfold despite being aware of the risks. A parent may face accusations of negligent entrustment in cases where they let teen drivers take a car out on public roads despite their proven incompetence at the wheel or history of reckless behavior.
If the injured party can show that a parent knowingly let an incompetent or reckless teen driver out on the road, they may potentially be at risk of unlimited damages if that teenager causes a crash that injures others. Most of the time, insurance and the law limit the financial exposure of a teen driver’s parent.
Covering the cost of a crash caused by a teenage motorist can be particularly challenging for parents and crash victims. Reviewing the circumstances of a teen driver’s recent car wreck with a skilled legal team can help those involved in the situation understand their risks and rights given the unique circumstances of the wreck at issue.]]>On Behalf of Law Offices of Eric Hershler<![CDATA[The impact of sovereign immunity on government property claims]]>https://www.lawofficesoferichershler.com/?p=2544242025-04-21T16:10:58Z2025-04-21T16:10:58ZWhat are the limits of sovereign immunity?
Statutes largely prevent litigation naming the government as a defendant. However, there are exceptions in special circumstances. The general public may overestimate the power of immunity. There are scenarios in which public agencies may be liable for injuries sustained by members of the public.
If a plaintiff can show that either corruption or gross negligence by a public entity or its employees contributed to their injuries or losses, they may be able to take legal action against the government entity that permitted corrupt activities or engaged in grossly negligent behavior. Evaluating the circumstances that lead to an injury can help people determine if they are in an actionable position.
Awarding a key infrastructure development or repair project to a business owned by a social acquaintance or a company that offered a kickback is an example of corruption that could open government authorities up to litigation. Quality work and costs should be more important than who leaders within the organization know when awarding key contracts.
Gross negligence generally entails engaging in activities that are clearly unsafe or ignoring obvious risk factors that require immediate consideration. When a situation clearly deviates from the accepted standard of care, people could assert that gross negligence occurred.
Reviewing whether a case constitutes an exception to sovereign immunity rules or not with a skilled legal team can help people seek justice after getting hurt. In cases involving corruption and gross negligence, government authorities may be vulnerable to personal injury litigation.]]>On Behalf of Law Offices of Eric Hershler<![CDATA[How long do you have to file an injury claim in California?]]>https://www.lawofficesoferichershler.com/?p=2543952025-02-03T17:14:22Z2025-02-03T17:14:22ZWhat is the statute of limitations?
The statute of limitations is a law that sets the maximum time after an event within which you can file a lawsuit. When the period specified under a statute of limitations passes, the injured party loses the right to file a lawsuit seeking damages.
In California, you generally have two years from the date of the injury to file a lawsuit against the party at fault. If you do not file within this time frame, you may not be able to recover any compensation for your injuries.
Could you have a different deadline in your situation?
There are a few exceptions to this general rule. For instance:
Discovery rule: Sometimes, you may not notice your injury immediately. In such cases, California law allows the statute of limitations to begin from the date the injury was or should have been discovered.
Minors: If the injured person is a minor, the statute of limitations does not begin to run until they turn 18. However, medical malpractice claims involving minors have different rules, requiring action before the minor’s eighth birthday in most cases.
Government entities: Claims against government entities or employees have a different procedure. You must file an administrative claim within six months of the injury. If the government denies your claim or does not respond, you have a limited time to file a lawsuit in response.
Given the strict deadlines imposed by the statute of limitations, consulting with an attorney experienced in personal injury law is advisable. They can offer guidance specific to your case and help ensure that you file your claim on time.
Remember, the clock starts ticking on the date of the injury. It is wise to begin the process as soon as possible to protect your rights and secure the compensation you deserve.]]>On Behalf of Law Offices of Eric Hershler<![CDATA[Why medical attention matters after a car accident]]>https://www.lawofficesoferichershler.com/?p=2542922024-10-22T15:58:42Z2024-10-22T15:58:42ZInvisible injuries can surface later
After a traffic collision, you might feel fine and think there is no need to see a doctor, especially if there are no visible injuries. Still, you must seek medical attention immediately. Some injuries, such as whiplash, concussions, or internal bleeding, might not present symptoms right away.
A medical professional can identify these issues early, preventing them from worsening over time. Ignoring potential injuries can lead to chronic pain or long-term health problems. That is why it is best to get a checkup and explain all your symptoms.
Medical expenses and your legal claim
Visiting a doctor after an accident also plays a role in your legal claim. For instance, medical records serve as evidence detailing any injuries and the treatment you received. These documents can significantly impact the compensation you may receive, covering costs like medical bills, rehabilitation, and even lost wages.
The importance of timely action
Time is essential after an accident. Prompt medical attention ensures that any injuries are documented as close to the time of the accident as possible, providing a clear link between the accident and your injuries. This can be helpful when dealing with insurance companies or pursuing a legal claim. Delays in seeking treatment can lead to questions about the cause and seriousness of your injuries.
Peace of Mind
Ultimately, seeing a doctor after an accident provides peace of mind. Knowing you have received an evaluation allows you to focus on recovery without worrying about hidden injuries. It also sets a solid foundation for any legal action you may take, ensuring you are fully prepared for whatever lies ahead.]]>On Behalf of Law Offices of Eric Hershler<![CDATA[Who can file a wrongful death claim in Los Angeles?]]>https://www.lawofficesoferichershler.com/?p=2540842024-10-21T20:07:51Z2024-01-25T18:12:10Zfile a wrongful death claim in Los Angeles is limited to certain individuals closely related to the decedent.
Eligibility to file a claim
The law in California is particular about who can bring a wrongful death lawsuit to court. The decedent person's immediate family members, such as their spouse, children or parents, are typically the primary claimants. If these relatives aren’t available, others who were financially dependent on the decedent, including stepchildren or the decedent's legal guardians, may also be eligible.
Requirements for a wrongful death claim
For a wrongful death claim to be successful in Los Angeles, several key elements must be proven. A human death must have occurred, and this death must have been caused either by another's negligence or intent to cause harm. Negligence can manifest in various forms, such as medical malpractice, car accidents caused by reckless driving or inadequate safety measures in a workplace.
Proving negligence or wrongful act
A claimant must also establish that the defendant had a duty of care toward the decedent and that this duty was breached, leading directly to the death. This involves showing that the defendant's actions or inactions were the direct cause of the death and that if not for these actions, the death wouldn’t have occurred.
It must be demonstrated that the death has resulted in measurable damages. These damages can include funeral and burial expenses, loss of anticipated earnings, loss of love and companionship and the value of household services the decedent would have provided.
Filing a wrongful death claim can be a complex undertaking. Anyone considering this option should ensure they work with someone familiar with these matters. Time is limited by state law, so swift filing is critical.]]>On Behalf of Law Offices of Eric Hershler, APC<![CDATA[How do commercial vehicle accidents differ from other crashes?]]>https://www.lawofficesoferichershler.com/?p=498322024-10-21T20:18:20Z2023-04-19T00:20:37Z4,998 buses and large trucks played a role in fatal crashes nationally. Whether a semi, bus, tractor-trailer or delivery vehicle, many factors play into the effects of a collision.
1. More power
Considering that a fully loaded bus or truck may weigh a few dozen more pounds than an average vehicle, having an accident with one likely means more extensive damage. While a simple accident may have more cut-and-dry solutions, a commercial vehicle accident may have added complexity for the victim.
2. More serious injuries
The powerful weight behind these vehicles also means more potential physical damage. The odds increase for neck, head and back injuries. The force of the collision plays into the injuries, but people also often sustain broken bones and burns. Any spinal cord or brain injuries may leave the victim with a lifetime of pain and suffering.
3. More complex liability
Different scenarios factor into liability for commercial vehicles. Like with any other vehicle, fault gets attributed to a negligent driver. The owner of the vehicle may also have liability. They must ensure that drivers have proper certification and that equipment gets properly maintained to ensure no failure on the road. Although rare, the manufacturer of the vehicle may hold some liability if the vehicle had a failure not attributed to the owner or driver.
Anyone involved in any type of accident should file a claim as soon as possible to ensure equitable compensation.]]>On Behalf of Law Offices of Eric Hershler, APC<![CDATA[3 steps to take after a rideshare accident]]>https://www.lawofficesoferichershler.com/?p=498312024-10-21T20:07:57Z2023-04-19T00:19:20Z.1% of rides end with a safety-related issue, according to Uber, accidents still happen. If you happen to fall in that small percentage, take the following steps.
1. Seek medical help
While some injuries clearly present themselves after an accident, many take time to rear their ugly heads. Even if you think have no issues, call 911 and visit a doctor as soon as possible. The initial shock of the incident may hide the symptoms of back, neck and brain injuries. Getting prompt medical care also ensures you have proper documentation of the injury.
2. Gather evidence
A rideshare accident comes with added complexity, making it more important than ever to gather as much evidence as possible. This includes getting the names of everyone involved and potential witnesses, insurance information, and noting the specific details of the event. If possible, take pictures or videos of the interior and exterior of the vehicles and any injuries.
3. File a claim
Like any other accident, you want to file a claim to cover the cost of any potential injuries. In California, you have two years to do so, although sooner often comes with better results. Depending on the situation, you may have the right to make a claim against the driver and rideshare company. The latter often comes with significantly more challenges in proving negligence.
Injuries from car accidents often have long-lasting effects. As a victim, you have the right to get compensation.]]>