Can I use my Maps Feature on my Phone While Driving?

Every driver knows that using your cellphone while driving is a big no-no in California, unless you are utilizing a hands-free device. But what exactly does the term “using” mean? It’s obvious that talking and texting is prohibited while driving, but what about using your cell-phone GPS or playing music from your phone? The term may encompass more activity than you think and one California resident put the term to the test.

Steven Spriggs, the defendant in a recent Fresno California Court of Appeals case, was pulled over and cited for using his phone while operating a vehicle, in violation of Vehicle Code Section 23123. The basis of Spriggs’ argument is that he was not in violation of the code because he was not technically using his phone to make a phone call or write a text; he was using the map function. The Appellate Court did not find his argument persuasive. The Court ruled that the no cell-phone while driving ban applies to ALL activity that requires a driver to use their hands to operate their phone. The court reasoned that the purpose of the vehicle code was to prevent “the distraction a driver faces when using his or her hands to operate the phone.” This distraction would occur regardless of if the purpose of using the phone were to make a phone call, text, or use the map.

But what about using an old fashioned paper map while driving, a TomTom navigation system, or playing music from an ordinary mp3 player in your car? These activities are not a violation of the vehicle code because the code specifically prohibits the use of a “wireless telephone,” however; they may be just as distracting if not more distracting than using a cell-phone’s GPS or music capability. The Appellate Court in Spriggs, recognized the irony of prohibiting the use of a cell-phone while driving when there are numerous devices and items that are equally as distracting to drivers that are not prohibited. However, as the Court stated, the regulation of these other distracting devices will have to be left to the legislature.

Prohibiting all activity on a cellphone while driving is a good way to keep distracted drivers off the road but it is definitely not a final solution to the problem. There will always be distractions so long as there is driving. So, do what you can to prevent the problem even if the law does not prohibit it, it could save your life!

People of the State of California v. Spriggs

https://www.documentcloud.org/documents/680893-jad13-02.html

This blog is maintained by the BONNICI LAW GROUP, and written by legal assistant Chelsey Del Testa. Ms. Del Testa graduates from Thomas Jefferson School of Law this month, and will sit for the California Bar Exam in July 2013. For more information on any of the above, feel free to contact us!

“I got hit by someone without auto insurance. Now what?!?”

Hit by an Uninsured Driver…Now What? – By Chelsey Del Testa

Getting in a car accident can be stressful enough with out having the additional stress of finding out the person who hit you is uninsured, or has decided to flee the scene of the accident. This may be an even more stressful and expensive situation if you are not armed with uninsured or underinsured motorists insurance.

In all states, it is mandatory that every person driving an automobile not only have auto insurance but proof of such insurance at all times. According to a study by The Insurance Research Council, one in seven drivers nationwide are uninsured, and in California, approximately 15% of drivers are uninsured. This is not surprising considering the high cost of having auto insurance, and the effect of past accidents or violations has on pricing.

Additionally, it is California law that auto insurance companies require that you have uninsured and underinsured motorist coverage or sign a written waiver acknowledging the lack of coverage. While this may make the cost of auto insurance cheaper at the outset, opting out of the additional coverage could have some serious financial consequences when an uninsured driver hits you. Your insurance company may only cover a certain percentage, and your only recourse would be to sue the uninsured driver. Successful litigation is not likely going to turn out well since chances are, if the driver could not afford insurance, they are not going to be able to afford expenses resulting from the accident. This may leave you with the financial responsibility for harm caused as a result of the accident and additional attorney’s fees.

Uninsured or underinsured motorists insurance can save you the headache of having to deal with the stress of not being compensated for your losses and protect you from unexpected bills. Uninsured motorist insurance provides drivers with additional compensation when an uninsured driver hits you, you are a victim of a hit and run or you were in a pedestrian accident with an uninsured driver.

Underinsured motorists insurance can also provide additional compensation when the at-fault party’s insurance policy will not cover all of your costs. Both types of insurance will cover not only your medical expenses, but also your lost wages resulting from the accident, which you will not get with ordinary liability insurance. Adding uninsured or underinsured motorists insurance to your policy can be affordable and a good investment considering the cost of not having such a policy and the unpredictability of auto accidents.

Have questions about auto insurance or how a claim may be affected? Contact the BONNICI LAW GROUP today for your free consultation.

 

Chelsey is a legal intern at Bonnici Law Group and a third-year student at Thomas Jefferson School of Law. She is passionate about people and solving problems. For any questions, ideas, or comments feel free to email Chelsey at the Bonnici Law Group.

 www.bonnicilawgroup.com

760. 445. 7118

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Can I get a Ticket for going too slow on the freeway?

You know that you can get a ticket for going too fast on the freeway, but what about too slow? We’ve all been frustrated with the driver on the freeway going 50mph when the speedlimit is 65. But, is it illegal? Should it be?

Generally, it depends on the state, or jurisdiction. Many speed related laws are very ambiguous, and can be interpreted differently by law enforcement depending on associated conditions. In California, Vehicle Code Section 22350 is such a section, reading:

No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property. DMV.

One such story caught my eye, where a woman in Maryland was given a citation for going 2mph (yes, two miles per hour) under the speed limit: 

A Maryland woman says she was stunned after receiving a traffic ticket Friday for driving in the left lane at 63 mph in a 65 mph zone.

The woman, who did not want to be identified, told WRC-TV (Channel 4), a local NBC affiliate, that she was driving on Interstate 95 in Laurel when she was pulled over by a police officer and ticketed for failing to move right.

“[I was] really shocked,” she said. “I thought, ‘Oh my God, you’ve got to be kidding me.’”

Winds were gusting up to 40 mph that day, so the woman, who had never gotten a ticket before, slowed down a little to be safe.

“Sometimes when it’s dangerous, you have to do what you can to stay safe,” she said.

John B. Townsend II, a spokesman for AAA Mid-Atlantic, called the ticket “silly.”

“It’s sending the wrong message,” he told NBC 4. “And that is, ‘We will tolerate you driving at more than the speed limit, but it you drive below the speed limit, then you’re penalized for that.’”

The woman plans to fight the ticket in court. Read more. 

 

Does this mean drivers MUST drive at exactly the posted speed limit? Some states post minimum and maximum speed limits (on a road trip through Utah, I remember seeing a minimum of 45mph and a maximum of 65mph). I think this is a better policy. 

What do you think?

The author, Josh Bonnici, is the managing attorney at BONNICI LAW GROUP, who helps injured individuals with their claims. Questions? Concerns? Contact him today, at: www.bonnicilawgroup.com, or josh@bonnicilawgroup.com. 

Can I Get in Trouble for Having my Dog off a Leash?

“Can I really get in trouble if my dog’s off a leash?”

By Chelsey Del Testa

I see and experience it far too often in San Diego; people peacefully walking their dogs, obeying the San Diego City leash laws and along comes an unleashed dog frantically approaching with the owner running behind yelling, “Don’t worry (s)he’s friendly!” That may be true, but what many dog owners don’t think about is: 1) just because your unleashed dog is “friendly”, that my leashed dog is going to be as receptive when being rampantly charged at; and 2) that you know how your unleashed dog is going to react in every situation.

So what are the consequences of violating the leash law? What are a dog owner’s rights when an unleashed dog bites a leashed dog or a leashed dog bites an unleashed dog?

In San Diego, a dog that is brought into a public or private area where dogs are permitted must be restrained by a handheld leash no longer than 6 feet in length (San Diego County Code 62.669[a], 62.601[d], and 62.601[y]). Further, even if your dog is leashed, you must have the ability to control your dog at all times. The fine for violating the leash law can range from $240 for first time offenders to $430 and even $810 for second and third time offenders.

An owner who violates the leash law and whose unleashed dog subsequently attacks a leashed dog is likely to face civil liability for the amount of harm done to the dog; and possibly even misdemeanor criminal liability for violating the leash law and public protection from dogs law (SDCC 62.669). Additionally, the owner could be liable even when the presence of the dog off the leash was unintentional. (3 Cal. Jur. 3d Animals § 124). This imposes strict liability on the dog owner for any harm their dog causes to another person including that person’s property, which includes dogs (Cal. Penal Code § 491 (West)).  An owner who is obeying the leash law and whose dog subsequently attacks an unleashed dog who was the initial aggressor will not likely face liability unless the leashed dog had a propensity for violence and/or despite having your dog on a leash you were still unable to control him.

Bottom line: obey the leash laws or patronize the numerous local dog parks in San Diego where your dogs can run free. You can find a list of local leash-free locations at http://www.sandiego.gov/park-and-recreation/parks/dogs/index.shtml. All of these potentially tragic encounters can be avoided by keeping your pet on a leash in designated areas. No pet owner wants to see their cherished pet injured, so do your part; your dog and fellow dog owners will thank you!

—

Chelsey is a legal intern at Bonnici Law Group and a third-year student at Thomas Jefferson School of Law. She is passionate about animals and their well-being. For any questions, ideas, or comments feel free to email Chelsey at the Bonnici Law Group.

Resources:

Cal. Civ. Code  § 3342

Cal. Penal Code § 491

http://www.sddac.com/laws.asp#restraint

What NOT to do When You’re Injured

“I’m fine, just give me forty bucks for my wheel…”

A colleague of mine received a call from a potential client who told a sad story the other day. As his “personal injury” colleague, he told me about the situation and it brought up an interesting point.

The gentlemen who called (let’s call him “Joe”) was riding his bicycle down a hill in a metropolitan area, where he approached an intersection. He was suddenly struck by a motorist who failed to stop at a stop sign (let’s call the driver “Bob”). Joe, an athlete and avid cyclist, spoke with the driver, and stated that he thought he was okay, save for his dented front bicycle wheel. Bob quickly inquired on Joe’s condition, asking him if he was hurt. Joe said he was fine, not wanting to look “weak”, and said “just give me $40 to fix my bike.” Bob quickly reached into his wallet, paid Joe the requested amount, and left the scene. (The illegality of leaving the scene of an accident without exchanging information is not being addressed here, but is certainly an issue).

A week later, Joe called a colleague of mine saying that he could barely move, has missed multiple days of work, and doesn’t know what to do. What’s next for him?

As you can guess, pursuing any claim against Bob would be difficult, as Joe unfortunately did not get any identification information from Bob (license plate number, name, address, insurance information, etc.). So it begs the question: what should Joe have done?

It’s important to note that in cases where you may not be visibly injured, including sprains, ligament tears, whiplash and other non-fracture injuries often take several days to appear. It’s common for a victim in a car accident to feel their worst up to 72 hours after impact.

Whenever someone is in a traffic accident or is injured at the fault of a third-party, they have a potential bodily injury claim against the injury-causing party (subject to multiple factors to be assessed by an injury attorney). That claim is based off of the identification information gathered at the scene of the injury and thereafter. However, since Joe failed to get any information from Bob after the accident, it is virtually impossible to open a claim against an unidentified person. There are instances where Joe would be able to open a claim through his own insurance, but he would have to have the appropriate coverage prior to the injury.

The moral of the story? It’s always better to be safe than sorry. If an injury occurs, make sure to get all the information you can prior to leaving the scene. Use your camera phone to get some quick photos of the location, evidence or even injuries. Just as King Stallman continues to remind us, it’s better to have the information and not need it, then be Joe injured by Bob.

The author, Josh Bonnici, is the managing attorney at BONNICI LAW GROUP, who helps injured individuals with their claims. Questions? Concerns? Contact him today, at: www.bonnicilawgroup.com, or josh@bonnicilawgroup.com. 

10 Questions to Ask Your Prospective Attorney

What questions people SHOULD be asking!

With all the choices available for attorneys in Southern California, it’s often quite difficult to decide who to work with. The hard truth is that you often really don’t know if you’ve chose a good lawyer until after you’ve signed on the dotted line.

​So, we’ve created a list of ten questions to ask when hiring a personal injury lawyer that hopefully will make that decision easier.

​Don’t be afraid to ask. It’s your right, and your choice.

Some lawyers can be intimidating and pushy, but be brave. This is YOUR case, and they are working for you. Ask them as many questions as you like, but don’t leave the meeting without asking the following:

​

  1. Does your firm mainly handle personal injury claims?

It’s best to find a law firm that knows personal injury inside and out. That way you know they truly are the best to hand your claim.

​

  2. What types of personal injury cases have you filed?

There are lots of different types of personal injury law cases such as:

• Motor accidents​
• Bicycle accidents​
• Pedestrian injuries ​
• Medical negligence​
• Public liability​
• Product liability​
• Serious injury​
• Workers’ compensation

​​Be sure your lawyer has had actual experience (and success) with your particular type of personal injury case.

​

3. What is your role within the law firm?

If you work with a big corporate law firm, you might find you’re actually meeting with a paralegal or intake assistant. It’s important that your case is managed from start to finish by a senior lawyer experienced in your particular area of Plaintiff Litigation.

Did you know: At Bonnici Law Group, Principle Joshua Bonnici is involved in managing EVERY case from start to finish.

​

4. Will you be handling my case or will another lawyer from your firm be handling it?

Some of the larger firms palm off smaller cases to third-party law firms. They might not be 100% upfront about this, so be sure to check that the lawyers you’re meeting are the actual lawyers who are going to work on your case.

​

5. How long has your firm been in practice and how long have you personally been in practice?

Personal injury law is an ever popular area of law in Southern California. Check that your law firm has several years’ experience and an excellent reputation before you sign on the dotted line. Ask for a reference or for reviews from peers and past clients to make sure you’re getting the quality you deserve.

Did you know: Joshua M. Bonnici has been helping San Diegans with their Personal Injury cases for close to 4 years in the area of Plaintiff Litigation?

​

6. What fees do you charge and how do you charge for services?

Check the small print. Although many law firms claim a No win, no fee promise, there’s a catch. This ‘promise’ only applies if your case settles out of court. Should your case go to court and lose, you could be liable for thousands of dollars in charges.

Did you know?: The fees with Bonnici Law Group should never hinder someone from access to quality representation. Our fees are consistently competitive, and always negotiable.

​7. Do I need to speak directly to the insurance company or will you handle this?

You should not speak to the insurance company directly if you can avoid it as every conversation the insurer has with you will be designed to save them money at your expense. We are experts at handling insurance companies on your behalf.

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8. What information do you need from me to file my claim?

We need only very basic information to get the ball rolling on the claim and everything else we will gather in the months after the claim commences. As your case continues, you and your attorney should work closely together to make sure your cases runs smoothly.

​

9. What compensation am I entitled to?

Compensation you are entitled to will depend very much on the effect that your injuries have on your ability to earn income. People are surprised to learn that in these types of claims you do not get much money for the pain and suffering you have been through. The bulk of the compensation in most claims comes from the effect the accident has on your life, ability to return to your pre-injury state and earn a living.

​

10. How long will it take to settle my personal injury case?

On average it takes 12-18 months to resolve a claim and Bonnici Law Group finds that about 80% of claims are resolved at a settlement conference. mediation or by negotiation between us and the insurer. Less than 1% of claims ever end up in a courtroom.

Joshua Bonnici is the managing attorney at Bonnici Law Group, and he can be contacted at: www.bonnicilawgroup.com

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Does not having a driver’s license establish fault?

“If the person that hit me didn’t have a valid driver’s license, does that help my case?”

I’m often presented the question of how the lack of a driver’s license affects liability, or “fault” of a party. In short, it doesn’t solely establish liability.

Whether a driver’s license has expired or has been invalidated (or the person could not get a license to begin with), many accidents occur where one driver does not have a valid driver’s license.

In order for a driver of a vehicle to be found responsible (“liable”) for an accident, it must be proven that the driver was negligent in being the cause of the collision. The question then arises: is driving a motor vehicle without a license “negligent?” It might be, but then it must be established that the negligent act (driving without a license) caused the accident.

Courts have come to the conclusion that age, or lack of an operator’s license could not be the proximate cause of an injury. The lack of skill or knowledge about operating an automobile may cause an injury, but if an unlicensed person is entrusted with one and operates it with a degree of care and skill that is required of a licensed operator, fault cannot be based upon the fact of age or lack of an operator’s license.

However, if a vehicle owner was to loan their vehicle to someone whom they know does not have a license, they may be liable through the theory of negligence entrustment (to be discussed later).

All in all, lack of a driver’s license really has nothing to do with whether a person is responsible for an accident, though the unlicensed driver is guilty of breaking California law requiring all drivers to have a license. However, but that is a criminal matter.

Have a particular question relating to the above? Feel free to contact San Diego Personal Injury attorney Josh Bonnici for a free consultation. Contact him at: http://www.bonnicilawgroup.com/

How can I get medical treatment after an injury?

Medical Treatment for My Injuries after a Car Accident

In today’s economy, people are trying to save money wherever possible, and for some, struggle to keep a job that offers benefits. If you’re faced with an unexpected injury, what can you do? Medical treatment can be a significant challenge for those without insurance.  

There are a number of possible options for injuries suffered after an accident. Like any other injuries, the accident victim will be able to seek treatment under private health insurance, if available.  

Private health insurance is obviously not available to everyone.  Even if there is private insurance, the deductibles may cause significant financial strain. Many auto insurance policies have Medical payments Coverage (MedPay). Fairly standard MedPay coverage will be for $2,000.  It may be higher or lower depending on the policy.    

In the event that you have MedPay coverage, you will be able to seek medical attention under the coverage with the insurer paying the medical provider directly. Oftentimes, an attorney can help direct any applicable MedPay to necessary treatment, specialists, or any provider who will not provide treatment on a lien basis.

If you have no private health insurance or MedPay coverage, there are few other options for obtaining medical care unless you are Medicare or Medicaid eligible.  One possible option depending upon the type of medical care needed is a medical lien.  A lien guarantees that the medical provider will get paid for treatment rendered, but delays payment until any judgment or settlement proceeds. An experienced personal injury attorney can often negotiate liens with different medical providers.    However, it can be quite challenging at best to find orthopedic doctors and other specialists that will accept a letter of protection.  

While many cases follow similar time tracks, every case is different and deserving of individual analysis of coverage and care options. This applies to all aspects of insurance coverage, medical care and representation model. 

If you are injured in car accident, it is important to understand these issues.  It is generally advisable to seek the guidance of an experienced and personal bodily injury attorney.

Please feel free to contact our law firm by phone or by email for a free case evaluation. We can be reached by phone at (760) 445-7118 or through our email contact form by clicking the link below!

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Opening blog – Introduction

As the first published entry, I thought I’d introduce myself, my practice and my personal mission. 

I’ve lived in San Diego nearly my entire life, and have found a connection with the communities here. After attending law school, I continued to work with a local Plaintiff’s law firm helping injured individuals fight against insurance companies to make sure they received the care, treatment and compensation they deserved under the law. My goal as always been to help protect the everyday citizen against the large, well-funded and staffed corporations. 

Recently, I have branched out and started my own practice, the BONNICI LAW GROUP, where I am able to team up with other like-minded attorneys and help people get a fair shake when confronted with legal issues. 

My focus has shifted to mainly helping two types of claims:

•  Bodily Injury Cases: involving auto and trucking accidents, pedestrian injuries, bicycling and motorcycle accidents, as well as slip and fall injuries and dog bites);
• Foreclosure Defense Cases: involving wrongful foreclosure, mortgage fraud, eviction defense and quiet title actions. 

In continuing to help the San Diego community in these areas, I give the people a voice against corporate America. A more descriptive and detailed account for each area of law will follow in future blog posts. 

As always, as a reader or subscriber to my blog, I offer a free phone consultation on any matter you may have questions on. Feel free to contact me at you convenience  Click the link below to be directed to my website where you can call or email.

Thank you for reading, and look forward to more advice, tips and fun topics to come!

JMB

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