Law Blog and Resources

Wearing a seatbelt might feel like a simple routine. You get in the car, buckle up, and drive off. But sometimes you may wonder: Why is wearing a seatbelt such a big deal? Is it just about following rules, or is there more to it? In California, seatbelts are not only important for your safety, but they are also required by law. Below, a California car accident attorney will explain why seatbelts matter, what the law says, and how it can affect you and your loved ones. Why Are Seatbelts So Important? You want to stay safe when you ride in a car, right? A seatbelt can save your life if you get into an accident. It is like a shield that keeps you from being thrown around the inside of the car. The seatbelt holds your body in place if there is a sudden stop or crash. This can help prevent…

If you have ever driven a car in California, you have seen speed limit signs along the roads. These signs might say 25 miles per hour in a neighborhood or 65 miles per hour on a freeway. But what do these signs really mean? Do you have to drive exactly at the speed limit? And what happens if you drive faster—or even slower—than what the sign says? Below, an experienced California car accident attorney will discuss this and more. What Are Speed Limits in California? Speed limits in California are usually posted on signs along roads and highways. These numbers are called “prima facie speed limits.” That means the posted speed is generally considered a safe speed—unless you are driving in a way that is not safe for the road conditions. For example, if the sign says 65 miles per hour, but it is very foggy, and you cannot see…

Car accidents can happen in an instant, and the aftermath often feels stressful and overwhelming. Unfortunately, many people make errors right after an accident that can affect their health, safety, and even their legal rights. At Banafshe Law Firm, we’ve seen how these errors can impact personal injury claims. Below are five common mistakes and how to avoid them. 1. Leaving the Scene of the Accident Leaving the scene too soon—or even worse, fleeing—can lead to serious legal trouble. According to Cal. Veh. Code § 20001, you must stop if there’s an injury or fatality, and you have to provide identification and render help if possible. Not doing so can lead to heavy fines, a suspended license, or even jail time. In People v. Capetillo, the defendant’s decision to run off without giving assistance or his identity resulted in a conviction under this statute. 2. Not Reporting the Accident In California, accidents that…

Driving while tired is more dangerous than many people realize. Feeling sleepy can lower your attention, slow your reaction times, and cause you to make poor decisions on the road. In California, if a driver continues to operate a vehicle while knowing they are drowsy, courts have found that this may amount to gross negligence or reckless operation. In Cooper v. Kellogg (2 Cal. 2d 504), for example, the court held that a driver who knows they might fall asleep can be found guilty of the needed level of fault. The same idea was reinforced by cases like Morrison v. Townley (269 Cal. App. 2d 863) and Williams v. Carr (68 Cal. 2d 579), which shows how seriously California law treats drowsy driving. Why Is Drowsy Driving So Dangerous? When you are extremely tired, it can feel much like driving under the influence of alcohol or drugs. Your ability to control…

Taking a rideshare can be a quick and easy way to get around, but it’s important to stay safe and know your rights. In California, there are rules meant to protect both passengers and drivers. At Banafshe Law Firm, we want to share our top tips on how to stay secure during your rideshare trips. What Should You Know About Rideshare Laws in California? California has put several laws in place to make ridesharing safer. For example, network companies must have a sexual harassment policy under Cal. Bus. & Prof. Code § 7457, and they also must do criminal background checks on drivers under Cal. Bus. & Prof. Code § 7458. In addition, Cal. Bus. & Prof. Code § 7459 requires app-based drivers to finish safety training before they can drive. Finally, it is a crime to pretend to be a rideshare driver, according to Cal. Bus. & Prof. Code § 7462. Why Are Seat Belts So Important? Seat belts…

Road rage can turn into aggressive or violent behavior that leads to dangerous situations on the road. In California, road rage incidents can carry serious legal consequences, according to Cal. Veh. Code § 13210, a driver who commits an assault (often called “road rage”) could see their driver’s license suspended for six months for a first offense and one year for any future offenses. At Banafshe Law Firm, we want to help you understand road rage and learn how to manage it so you can drive safely. What is Road Rage? Road rage involves unsafe driving acts like tailgating, weaving through traffic, yelling or making rude gestures, and sometimes even violence. It’s different from basic impatience because road rage is driven by anger that may escalate quickly. Serious incidents have gone as far as assault or even firing a weapon, as seen in People v. Le (137 Cal. App. 4th 54). Such…

Car accidents can leave more than just physical bruises. They can also cause emotional and mental trauma, commonly known as Post-Traumatic Stress Disorder (PTSD). PTSD is a mental health condition that may develop after you witness or experience a scary or shocking event—like a severe car crash. At Banafshe Law Firm, we understand how debilitating PTSD can be and are here to guide you through the legal process if you’re suffering due to an accident. What Is PTSD After a Car Accident? PTSD is a serious condition where a person has ongoing stress reactions long after the dangerous event has ended. This can include flashbacks, nightmares, anxiety, and intense fear. Someone with PTSD may avoid reminders of the crash or feel nervous whenever they are on the road. Why Does PTSD Happen After a Car Crash? A car accident is sudden, loud, and often painful. Because of this, many people’s brains replay…

Many people wonder if undocumented immigrants can legally obtain car insurance in California. The short answer is yes. In fact, the law not only allows but requires all drivers, including undocumented immigrants, to be insured if they wish to drive on California roads. If you ever find yourself injured in a car accident or dealing with pushbacks from insurance companies, you can reach out to our Los Angeles personal injury lawyers for guidance. We offer a free initial consultation, and we only charge fees if we win your case. Contact us today to schedule a consultation. Why Does California Allow Undocumented Immigrants to Obtain Car Insurance? California wants safer roads and fewer uninsured motorists. Assembly Bill 60 (AB 60) helps achieve this goal by letting undocumented immigrants apply for a valid driver’s license if they meet all the other requirements, such as proving their identity and showing proof of residency…

Accidents can happen in an instant, turning a normal day in Los Angeles into a stressful situation. You might be on your way to the store, heading to work, or just driving home from seeing friends when another vehicle suddenly collides with you. In many of these scenarios, the natural response is to call the police and wait for them to arrive. But what if the police never show up? If you find yourself in this situation and worry about how you will prove what happened, do not lose hope. The Los Angeles car accident attorneys at Banafshe Law Firm can help. We will review the facts of your case for free and will never collect legal fees unless we win your case. Call us today to schedule your free case evaluation. Why Might the Police Not Arrive At The Scene of an Accident in Los Angeles? Police departments often…

Learning to drive is an exciting milestone, but it also brings responsibilities that can be challenging for new drivers. Recognizing that teenagers often need time and guidance to develop safe driving habits, California has created a Graduated Driver License (GDL) program. This three-stage system aims to reduce accidents by allowing young drivers to gain experience gradually before they receive full driving privileges. Even with these rules in place, teen drivers can still be involved in serious car crashes that result in injuries and lasting consequences. If you or a loved one has been hurt in an accident, the Los Angeles car accident lawyers at Banafshe Law Firm, PC, are here to help. We offer a free initial consultation and will never charge legal fees unless we win your case, so contact us today to learn how we can get you the compensation you deserve. Why Was the GDL Program Established?…