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	<title>mediation &amp;laquo; WordPress.com Tag Feed</title>
	<link>http://en.wordpress.com/tag/mediation/</link>
	<description>Feed of posts on WordPress.com tagged "mediation"</description>
	<pubDate>Wed, 02 Dec 2009 19:50:20 +0000</pubDate>

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<item>
<title><![CDATA[How Traffic Collision Reports Use California Vehicle Code Section 21715 And How Insurance Companies Interpret Them]]></title>
<link>http://blog.sebastiangibsonlaw.com/2009/12/02/how-traffic-collision-reports-use-california-vehicle-code-section-21715-and-how-insurance-companies-interpret-them/</link>
<pubDate>Wed, 02 Dec 2009 19:45:24 +0000</pubDate>
<dc:creator>sebastiangibson</dc:creator>
<guid>http://blog.sebastiangibsonlaw.com/2009/12/02/how-traffic-collision-reports-use-california-vehicle-code-section-21715-and-how-insurance-companies-interpret-them/</guid>
<description><![CDATA[In traffic collision reports, a violation of California Vehicle Code Section 21715 is one of the Veh]]></description>
<content:encoded><![CDATA[<div class='snap_preview'><p>In traffic collision reports, a violation of California Vehicle Code Section 21715 is one of the Vehicle Code Sections that can be cited as being the primary collision factor for an auto accident in California.  This is true whether the accident only caused injuries or if the accident was a fatal accident which caused one or more fatalities.  Although a traffic collision report is not evidence, insurance companies treat them as if they are.</p>
<p>	California Vehicle Code Section 21715 provides:</p>
<p>21715. (a) No passenger vehicle regardless of weight, or any other motor vehicle under 4,000 pounds unladen, shall draw or tow more than one vehicle in combination, except that an auxiliary dolly or tow dolly may be used with the towed vehicle. (b) No motor vehicle under 4,000 pounds unladen shall tow any vehicle weighing 6,000 pounds or more gross. </p>
<p>	When a Police or CHP Officer, or a Sheriff’s Deputy states in his or her report either that the primary collision factor in an auto accident was one party’s violation of a certain vehicle code section such as the one above, and that one of the parties is at fault for violating that code section, the Officer or Deputy is stating what he or she believes to be the underlying cause of the accident.  </p>
<p>	The reason insurance companies treat the collision reports as if they are admissible evidence is that they know if put on the witness stand, the investigating officer or deputy will almost always testify in a manner consistent with the conclusions in his or her report.  That testimony becomes evidence and will often sway a jury in their determination of fault for an accident.</p>
<p>	While an investigating officer’s job is to determine if there was a violation of the law and not to determine who should be at fault in a civil dispute such as a car accident claim, insurance companies often view these two determinations as one and the same.  </p>
<p>	A police officer assigned to investigate the scene of an accident does not have the role that a trier of fact does in a courtroom.  The officer is not there to render a verdict and determine who is responsible for the damages.  Rather, the officer is there to determine if any laws were broken.   The officer makes such a determination based on his or her having seen the damage to the vehicles, and having spoken to the drivers and the witnesses when their memories are freshest.  He or she is thus often in a position to make a well-educated determination of who caused the accident.</p>
<p>	Unfortunately, despite the experience of most investigating officers who are dispatched to the scene of an accident, sometimes mistakes are made by these officers.  Quite often one or both parties to an accident will lie to them and an officer or deputy will not always be able to determine which of the parties is telling the truth.  The evidence from the scene, while important, may also be misleading as to what actually occurred to cause the accident.</p>
<p>	If you’ve been injured in an auto, truck, motorcycle, bike, pedestrian or car accident, or if you’ve lost a loved one in a wrongful death vehicle accident, call our offices for a free personal injury consultation by phone.  You can also e-mail Attorney Sebastian Gibson at SgibsonEsq@aol.com  Additionally, we invite you to visit the Sebastian Gibson law firm website for more information at www.SebastianGibsonLaw.com </p>
<p>	Sometimes an Officer or Deputy cannot determine with any degree of certainty which party was at fault and will cite two possible Vehicle Code Sections, one for each party in a two-party collision, that may have been violated.  In that case, the Police or CHP Officer or Deputy will often state that the primary collision factor is unknown.</p>
<p>	Even if there are witnesses to an accident, the Officer of Deputy may discount the statements of some or all of the witnesses if they were friends or relatives of one of the drivers.</p>
<p>	Although, as stated above, the conclusion of fault by an officer or deputy does not carry the same weight as a determination of fault by a judge or jury, the importance of the citation of this or any other California code section in the police report is that insurance companies treat the conclusions in these traffic collision reports in a great majority of cases as if the conclusions were written in stone and evaluate a party’s claim based on the findings of fault in these reports.</p>
<p>	A traffic collision report may be amended by the police department or the CHP where it contains obvious mistakes, such as when the officer or deputy has mixed up the names of the parties.  Supplemental reports are sometimes written when new evidence comes to light, such as when a hit and run party is located.  But for the most part, most police departments, Sheriff’s offices and the California Highway Patrol will not amend a report when a party complains and states why he or she doesn’t feel they should have been found at fault for a collision.  They will, however, in most cases allow a person to fill out a Counter Report, which, unfortunately simply does not carry much weight with an insurance company.</p>
<p>	If the Primary Collision Factor for an accident is unknown, one should look on the traffic collision report to see if the Police or California Highway Patrol Officer or Sheriff’s Deputy cited any “Other Associated Factors” in the traffic collision report as having had a role to play in causing the collision.  There may have been faulty equipment, as with some truck accidents, or the roadway itself may have been dangerous.</p>
<p>	If you’ve been injured in an auto accident in California that has been determined by the investigating Police or CHP Officer or a Sheriff’s Deputy to be the fault of another driver as a result of his or her violation of Vehicle Code Section 21715, call the Law Offices of Sebastian Gibson as soon after an accident as possible before important evidence disappears, such as skid marks that are washed away with the rain.</p>
<p>	At the Law Firm of Sebastian Gibson, we specialize in California auto accidents caused by violations of the California Vehicle Code, such as this section 21715, and will represent you to obtain the compensation you deserve for your injuries.</p>
<p>	In over thirty years of practice, Attorney Sebastian Gibson has obtained millions of dollars in settlements and multiple million dollar or larger settlements.  We handle auto accident cases on a contingency fee basis so there is no fee payable unless we win your case and obtain either a settlement, an arbitration, mediation, jury, judge or court award.</p>
<p>	Due to how insurance companies treat individuals without an attorney, a person injured in an auto accident will almost always receive a greater amount from a settlement, even after attorneys’ fees, if the case is handled from the start by an experienced and reputable personal injury lawyer. </p>
<p>	If you’ve been injured in an auto accident, call to speak with a lawyer at our offices for a free personal injury consultation by phone.  You can speak to Attorney Sebastian Gibson personally by phone or you can e-mail Sebastian Gibson at SgibsonEsq@aol.com<br />
Additionally, we invite you to visit the Sebastian Gibson law firm website at www.SebastianGibsonLaw.com  </p>
</div>]]></content:encoded>
</item>
<item>
<title><![CDATA[How Traffic Collision Reports Use California Vehicle Code Section 21712 And How Insurance Companies Interpret Them]]></title>
<link>http://blog.sebastiangibsonlaw.com/2009/12/02/how-traffic-collision-reports-use-california-vehicle-code-section-21712-and-how-insurance-companies-interpret-them/</link>
<pubDate>Wed, 02 Dec 2009 19:43:26 +0000</pubDate>
<dc:creator>sebastiangibson</dc:creator>
<guid>http://blog.sebastiangibsonlaw.com/2009/12/02/how-traffic-collision-reports-use-california-vehicle-code-section-21712-and-how-insurance-companies-interpret-them/</guid>
<description><![CDATA[In traffic collision reports, a violation of California Vehicle Code Section 21712 is one of the Veh]]></description>
<content:encoded><![CDATA[<div class='snap_preview'><p>In traffic collision reports, a violation of California Vehicle Code Section 21712 is one of the Vehicle Code Sections that can be cited as being the primary collision factor for an auto accident in California.  This is true whether the accident only caused injuries or if the accident was a fatal accident which caused one or more fatalities.  Although a traffic collision report is not evidence, insurance companies treat them as if they are.</p>
<p>	California Vehicle Code Section 21712 provides:</p>
<p>21712. (a) A person driving a motor vehicle shall not knowingly permit a person to ride on a vehicle or upon a portion of a vehicle that is not designed or intended for the use of passengers. (b) A person shall not ride on a vehicle or upon a portion of a vehicle that is not designed or intended for the use of passengers. (c) A person driving a motor vehicle shall not knowingly permit a person to ride in the trunk of that motor vehicle. (d) A person shall not ride in the trunk of a motor vehicle. (e) A person violating subdivision (c) or (d) shall be punished as follows: (1) By a fine of one hundred dollars ($100). (2) For a second violation occurring within one year of a prior violation that resulted in a conviction, a fine of two hundred dollars ($200). (3) For a third or a subsequent violation occurring within one year of two or more prior violations that resulted in convictions, a fine of two hundred fifty dollars ($250). (f) Subdivisions (a) and (b) do not apply to an employee engaged in the necessary discharge of his or her duty or in the case of persons riding completely within or upon vehicle bodies in the space intended for a load on the vehicle. (g) A person shall not drive a motor vehicle that is towing a trailer coach, camp trailer, or trailer carrying a vessel, containing a passenger, except when a trailer carrying or designed to carry a vessel is engaged in the launching or recovery of the vessel. (h) A person shall not knowingly drive a motor vehicle that is towing a person riding upon a motorcycle, motorized bicycle, bicycle, coaster, roller skates, sled, skis, or toy vehicle. (i) Subdivision (g) does not apply to a trailer coach that is towed with a fifth-wheel device if the trailer coach is equipped with safety glazing materials wherever glazing materials are used in windows or doors, with an audible or visual signaling device that a passenger inside the trailer coach can use to gain the attention of the motor vehicle driver, and with at least one unobstructed exit capable of being opened from both the interior and exterior of the trailer coach. </p>
<p>	When a Police or CHP Officer, or a Sheriff’s Deputy states in his or her report either that the primary collision factor in an auto accident was one party’s violation of a certain vehicle code section such as the one above, and that one of the parties is at fault for violating that code section, the Officer or Deputy is stating what he or she believes to be the underlying cause of the accident.  </p>
<p>	The reason insurance companies treat the collision reports as if they are admissible evidence is that they know if put on the witness stand, the investigating officer or deputy will almost always testify in a manner consistent with the conclusions in his or her report.  That testimony becomes evidence and will often sway a jury in their determination of fault for an accident.</p>
<p>	While an investigating officer’s job is to determine if there was a violation of the law and not to determine who should be at fault in a civil dispute such as a car accident claim, insurance companies often view these two determinations as one and the same.  </p>
<p>	A police officer assigned to investigate the scene of an accident does not have the role that a trier of fact does in a courtroom.  The officer is not there to render a verdict and determine who is responsible for the damages.  Rather, the officer is there to determine if any laws were broken.   The officer makes such a determination based on his or her having seen the damage to the vehicles, and having spoken to the drivers and the witnesses when their memories are freshest.  He or she is thus often in a position to make a well-educated determination of who caused the accident.</p>
<p>	Unfortunately, despite the experience of most investigating officers who are dispatched to the scene of an accident, sometimes mistakes are made by these officers.  Quite often one or both parties to an accident will lie to them and an officer or deputy will not always be able to determine which of the parties is telling the truth.  The evidence from the scene, while important, may also be misleading as to what actually occurred to cause the accident.</p>
<p>	If you’ve been injured in an auto, truck, motorcycle, bike, pedestrian or car accident, or if you’ve lost a loved one in a wrongful death vehicle accident, call our offices for a free personal injury consultation by phone.  You can also e-mail Attorney Sebastian Gibson at SgibsonEsq@aol.com  Additionally, we invite you to visit the Sebastian Gibson law firm website for more information at www.SebastianGibsonLaw.com </p>
<p>	Sometimes an Officer or Deputy cannot determine with any degree of certainty which party was at fault and will cite two possible Vehicle Code Sections, one for each party in a two-party collision, that may have been violated.  In that case, the Police or CHP Officer or Deputy will often state that the primary collision factor is unknown.</p>
<p>	Even if there are witnesses to an accident, the Officer of Deputy may discount the statements of some or all of the witnesses if they were friends or relatives of one of the drivers.</p>
<p>	Although, as stated above, the conclusion of fault by an officer or deputy does not carry the same weight as a determination of fault by a judge or jury, the importance of the citation of this or any other California code section in the police report is that insurance companies treat the conclusions in these traffic collision reports in a great majority of cases as if the conclusions were written in stone and evaluate a party’s claim based on the findings of fault in these reports.</p>
<p>	A traffic collision report may be amended by the police department or the CHP where it contains obvious mistakes, such as when the officer or deputy has mixed up the names of the parties.  Supplemental reports are sometimes written when new evidence comes to light, such as when a hit and run party is located.  But for the most part, most police departments, Sheriff’s offices and the California Highway Patrol will not amend a report when a party complains and states why he or she doesn’t feel they should have been found at fault for a collision.  They will, however, in most cases allow a person to fill out a Counter Report, which, unfortunately simply does not carry much weight with an insurance company.</p>
<p>	If the Primary Collision Factor for an accident is unknown, one should look on the traffic collision report to see if the Police or California Highway Patrol Officer or Sheriff’s Deputy cited any “Other Associated Factors” in the traffic collision report as having had a role to play in causing the collision.  There may have been faulty equipment, as with some truck accidents, or the roadway itself may have been dangerous.</p>
<p>	If you’ve been injured in an auto accident in California that has been determined by the investigating Police or CHP Officer or a Sheriff’s Deputy to be the fault of another driver as a result of his or her violation of Vehicle Code Section 21712, call the Law Offices of Sebastian Gibson as soon after an accident as possible before important evidence disappears, such as skid marks that are washed away with the rain.</p>
<p>	At the Law Firm of Sebastian Gibson, we specialize in California auto accidents caused by violations of the California Vehicle Code, such as this section 21712, and will represent you to obtain the compensation you deserve for your injuries.</p>
<p>	In over thirty years of practice, Attorney Sebastian Gibson has obtained millions of dollars in settlements and multiple million dollar or larger settlements.  We handle auto accident cases on a contingency fee basis so there is no fee payable unless we win your case and obtain either a settlement, an arbitration, mediation, jury, judge or court award.</p>
<p>	Due to how insurance companies treat individuals without an attorney, a person injured in an auto accident will almost always receive a greater amount from a settlement, even after attorneys’ fees, if the case is handled from the start by an experienced and reputable personal injury lawyer. </p>
<p>	If you’ve been injured in an auto accident, call to speak with a lawyer at our offices for a free personal injury consultation by phone.  You can speak to Attorney Sebastian Gibson personally by phone or you can e-mail Sebastian Gibson at SgibsonEsq@aol.com<br />
Additionally, we invite you to visit the Sebastian Gibson law firm website at www.SebastianGibsonLaw.com  </p>
</div>]]></content:encoded>
</item>
<item>
<title><![CDATA[How Traffic Collision Reports Use California Vehicle Code Section 21711 And How Insurance Companies Interpret Them]]></title>
<link>http://blog.sebastiangibsonlaw.com/2009/12/02/how-traffic-collision-reports-use-california-vehicle-code-section-21711-and-how-insurance-companies-interpret-them/</link>
<pubDate>Wed, 02 Dec 2009 19:41:29 +0000</pubDate>
<dc:creator>sebastiangibson</dc:creator>
<guid>http://blog.sebastiangibsonlaw.com/2009/12/02/how-traffic-collision-reports-use-california-vehicle-code-section-21711-and-how-insurance-companies-interpret-them/</guid>
<description><![CDATA[In traffic collision reports, a violation of California Vehicle Code Section 21711 is one of the Veh]]></description>
<content:encoded><![CDATA[<div class='snap_preview'><p>In traffic collision reports, a violation of California Vehicle Code Section 21711 is one of the Vehicle Code Sections that can be cited as being the primary collision factor for an auto accident in California.  This is true whether the accident only caused injuries or if the accident was a fatal accident which caused one or more fatalities.  Although a traffic collision report is not evidence, insurance companies treat them as if they are.</p>
<p>	California Vehicle Code Section 21711 provides:</p>
<p>21711. No person shall operate a train of vehicles when any vehicle being towed whips or swerves from side to side or fails to follow substantially in the path of the towing vehicle.</p>
<p>	When a Police or CHP Officer, or a Sheriff’s Deputy states in his or her report either that the primary collision factor in an auto accident was one party’s violation of a certain vehicle code section such as the one above, and that one of the parties is at fault for violating that code section, the Officer or Deputy is stating what he or she believes to be the underlying cause of the accident.  </p>
<p>	The reason insurance companies treat the collision reports as if they are admissible evidence is that they know if put on the witness stand, the investigating officer or deputy will almost always testify in a manner consistent with the conclusions in his or her report.  That testimony becomes evidence and will often sway a jury in their determination of fault for an accident.</p>
<p>	While an investigating officer’s job is to determine if there was a violation of the law and not to determine who should be at fault in a civil dispute such as a car accident claim, insurance companies often view these two determinations as one and the same.  </p>
<p>	A police officer assigned to investigate the scene of an accident does not have the role that a trier of fact does in a courtroom.  The officer is not there to render a verdict and determine who is responsible for the damages.  Rather, the officer is there to determine if any laws were broken.   The officer makes such a determination based on his or her having seen the damage to the vehicles, and having spoken to the drivers and the witnesses when their memories are freshest.  He or she is thus often in a position to make a well-educated determination of who caused the accident.</p>
<p>	Unfortunately, despite the experience of most investigating officers who are dispatched to the scene of an accident, sometimes mistakes are made by these officers.  Quite often one or both parties to an accident will lie to them and an officer or deputy will not always be able to determine which of the parties is telling the truth.  The evidence from the scene, while important, may also be misleading as to what actually occurred to cause the accident.</p>
<p>	If you’ve been injured in an auto, truck, motorcycle, bike, pedestrian or car accident, or if you’ve lost a loved one in a wrongful death vehicle accident, call our offices for a free personal injury consultation by phone.  You can also e-mail Attorney Sebastian Gibson at SgibsonEsq@aol.com  Additionally, we invite you to visit the Sebastian Gibson law firm website for more information at www.SebastianGibsonLaw.com </p>
<p>	Sometimes an Officer or Deputy cannot determine with any degree of certainty which party was at fault and will cite two possible Vehicle Code Sections, one for each party in a two-party collision, that may have been violated.  In that case, the Police or CHP Officer or Deputy will often state that the primary collision factor is unknown.</p>
<p>	Even if there are witnesses to an accident, the Officer of Deputy may discount the statements of some or all of the witnesses if they were friends or relatives of one of the drivers.</p>
<p>	Although, as stated above, the conclusion of fault by an officer or deputy does not carry the same weight as a determination of fault by a judge or jury, the importance of the citation of this or any other California code section in the police report is that insurance companies treat the conclusions in these traffic collision reports in a great majority of cases as if the conclusions were written in stone and evaluate a party’s claim based on the findings of fault in these reports.</p>
<p>	A traffic collision report may be amended by the police department or the CHP where it contains obvious mistakes, such as when the officer or deputy has mixed up the names of the parties.  Supplemental reports are sometimes written when new evidence comes to light, such as when a hit and run party is located.  But for the most part, most police departments, Sheriff’s offices and the California Highway Patrol will not amend a report when a party complains and states why he or she doesn’t feel they should have been found at fault for a collision.  They will, however, in most cases allow a person to fill out a Counter Report, which, unfortunately simply does not carry much weight with an insurance company.</p>
<p>	If the Primary Collision Factor for an accident is unknown, one should look on the traffic collision report to see if the Police or California Highway Patrol Officer or Sheriff’s Deputy cited any “Other Associated Factors” in the traffic collision report as having had a role to play in causing the collision.  There may have been faulty equipment, as with some truck accidents, or the roadway itself may have been dangerous.</p>
<p>	If you’ve been injured in an auto accident in California that has been determined by the investigating Police or CHP Officer or a Sheriff’s Deputy to be the fault of another driver as a result of his or her violation of Vehicle Code Section 21711, call the Law Offices of Sebastian Gibson as soon after an accident as possible before important evidence disappears, such as skid marks that are washed away with the rain.</p>
<p>	At the Law Firm of Sebastian Gibson, we specialize in California auto accidents caused by violations of the California Vehicle Code, such as this section 21711, and will represent you to obtain the compensation you deserve for your injuries.</p>
<p>	In over thirty years of practice, Attorney Sebastian Gibson has obtained millions of dollars in settlements and multiple million dollar or larger settlements.  We handle auto accident cases on a contingency fee basis so there is no fee payable unless we win your case and obtain either a settlement, an arbitration, mediation, jury, judge or court award.</p>
<p>	Due to how insurance companies treat individuals without an attorney, a person injured in an auto accident will almost always receive a greater amount from a settlement, even after attorneys’ fees, if the case is handled from the start by an experienced and reputable personal injury lawyer. </p>
<p>	If you’ve been injured in an auto accident, call to speak with a lawyer at our offices for a free personal injury consultation by phone.  You can speak to Attorney Sebastian Gibson personally by phone or you can e-mail Sebastian Gibson at SgibsonEsq@aol.com<br />
Additionally, we invite you to visit the Sebastian Gibson law firm website at www.SebastianGibsonLaw.com  </p>
</div>]]></content:encoded>
</item>
<item>
<title><![CDATA[How Traffic Collision Reports Use California Vehicle Code Section 21710 And How Insurance Companies Interpret Them]]></title>
<link>http://blog.sebastiangibsonlaw.com/2009/12/02/how-traffic-collision-reports-use-california-vehicle-code-section-21710-and-how-insurance-companies-interpret-them/</link>
<pubDate>Wed, 02 Dec 2009 19:39:32 +0000</pubDate>
<dc:creator>sebastiangibson</dc:creator>
<guid>http://blog.sebastiangibsonlaw.com/2009/12/02/how-traffic-collision-reports-use-california-vehicle-code-section-21710-and-how-insurance-companies-interpret-them/</guid>
<description><![CDATA[In traffic collision reports, a violation of California Vehicle Code Section 21710 is one of the Veh]]></description>
<content:encoded><![CDATA[<div class='snap_preview'><p>In traffic collision reports, a violation of California Vehicle Code Section 21710 is one of the Vehicle Code Sections that can be cited as being the primary collision factor for an auto accident in California.  This is true whether the accident only caused injuries or if the accident was a fatal accident which caused one or more fatalities.  Although a traffic collision report is not evidence, insurance companies treat them as if they are.</p>
<p>	California Vehicle Code Section 21710 provides:</p>
<p>21710. The driver of a motor vehicle when traveling on down grade upon any highway shall not coast with the gears of such vehicle in neutral.</p>
<p>	When a Police or CHP Officer, or a Sheriff’s Deputy states in his or her report either that the primary collision factor in an auto accident was one party’s violation of a certain vehicle code section such as the one above, and that one of the parties is at fault for violating that code section, the Officer or Deputy is stating what he or she believes to be the underlying cause of the accident.  </p>
<p>	The reason insurance companies treat the collision reports as if they are admissible evidence is that they know if put on the witness stand, the investigating officer or deputy will almost always testify in a manner consistent with the conclusions in his or her report.  That testimony becomes evidence and will often sway a jury in their determination of fault for an accident.</p>
<p>	While an investigating officer’s job is to determine if there was a violation of the law and not to determine who should be at fault in a civil dispute such as a car accident claim, insurance companies often view these two determinations as one and the same.  </p>
<p>	A police officer assigned to investigate the scene of an accident does not have the role that a trier of fact does in a courtroom.  The officer is not there to render a verdict and determine who is responsible for the damages.  Rather, the officer is there to determine if any laws were broken.   The officer makes such a determination based on his or her having seen the damage to the vehicles, and having spoken to the drivers and the witnesses when their memories are freshest.  He or she is thus often in a position to make a well-educated determination of who caused the accident.</p>
<p>	Unfortunately, despite the experience of most investigating officers who are dispatched to the scene of an accident, sometimes mistakes are made by these officers.  Quite often one or both parties to an accident will lie to them and an officer or deputy will not always be able to determine which of the parties is telling the truth.  The evidence from the scene, while important, may also be misleading as to what actually occurred to cause the accident.</p>
<p>	If you’ve been injured in an auto, truck, motorcycle, bike, pedestrian or car accident, or if you’ve lost a loved one in a wrongful death vehicle accident, call our offices for a free personal injury consultation by phone.  You can also e-mail Attorney Sebastian Gibson at SgibsonEsq@aol.com  Additionally, we invite you to visit the Sebastian Gibson law firm website for more information at www.SebastianGibsonLaw.com </p>
<p>	Sometimes an Officer or Deputy cannot determine with any degree of certainty which party was at fault and will cite two possible Vehicle Code Sections, one for each party in a two-party collision, that may have been violated.  In that case, the Police or CHP Officer or Deputy will often state that the primary collision factor is unknown.</p>
<p>	Even if there are witnesses to an accident, the Officer of Deputy may discount the statements of some or all of the witnesses if they were friends or relatives of one of the drivers.</p>
<p>	Although, as stated above, the conclusion of fault by an officer or deputy does not carry the same weight as a determination of fault by a judge or jury, the importance of the citation of this or any other California code section in the police report is that insurance companies treat the conclusions in these traffic collision reports in a great majority of cases as if the conclusions were written in stone and evaluate a party’s claim based on the findings of fault in these reports.</p>
<p>	A traffic collision report may be amended by the police department or the CHP where it contains obvious mistakes, such as when the officer or deputy has mixed up the names of the parties.  Supplemental reports are sometimes written when new evidence comes to light, such as when a hit and run party is located.  But for the most part, most police departments, Sheriff’s offices and the California Highway Patrol will not amend a report when a party complains and states why he or she doesn’t feel they should have been found at fault for a collision.  They will, however, in most cases allow a person to fill out a Counter Report, which, unfortunately simply does not carry much weight with an insurance company.</p>
<p>	If the Primary Collision Factor for an accident is unknown, one should look on the traffic collision report to see if the Police or California Highway Patrol Officer or Sheriff’s Deputy cited any “Other Associated Factors” in the traffic collision report as having had a role to play in causing the collision.  There may have been faulty equipment, as with some truck accidents, or the roadway itself may have been dangerous.</p>
<p>	If you’ve been injured in an auto accident in California that has been determined by the investigating Police or CHP Officer or a Sheriff’s Deputy to be the fault of another driver as a result of his or her violation of Vehicle Code Section 21710, call the Law Offices of Sebastian Gibson as soon after an accident as possible before important evidence disappears, such as skid marks that are washed away with the rain.</p>
<p>	At the Law Firm of Sebastian Gibson, we specialize in California auto accidents caused by violations of the California Vehicle Code, such as this section 21710, and will represent you to obtain the compensation you deserve for your injuries.</p>
<p>	In over thirty years of practice, Attorney Sebastian Gibson has obtained millions of dollars in settlements and multiple million dollar or larger settlements.  We handle auto accident cases on a contingency fee basis so there is no fee payable unless we win your case and obtain either a settlement, an arbitration, mediation, jury, judge or court award.</p>
<p>	Due to how insurance companies treat individuals without an attorney, a person injured in an auto accident will almost always receive a greater amount from a settlement, even after attorneys’ fees, if the case is handled from the start by an experienced and reputable personal injury lawyer. </p>
<p>	If you’ve been injured in an auto accident, call to speak with a lawyer at our offices for a free personal injury consultation by phone.  You can speak to Attorney Sebastian Gibson personally by phone or you can e-mail Sebastian Gibson at SgibsonEsq@aol.com<br />
Additionally, we invite you to visit the Sebastian Gibson law firm website at www.SebastianGibsonLaw.com  </p>
</div>]]></content:encoded>
</item>
<item>
<title><![CDATA[How Traffic Collision Reports Use California Vehicle Code Section 21709 And How Insurance Companies Interpret Them]]></title>
<link>http://blog.sebastiangibsonlaw.com/2009/12/02/how-traffic-collision-reports-use-california-vehicle-code-section-21709-and-how-insurance-companies-interpret-them/</link>
<pubDate>Wed, 02 Dec 2009 19:37:36 +0000</pubDate>
<dc:creator>sebastiangibson</dc:creator>
<guid>http://blog.sebastiangibsonlaw.com/2009/12/02/how-traffic-collision-reports-use-california-vehicle-code-section-21709-and-how-insurance-companies-interpret-them/</guid>
<description><![CDATA[In traffic collision reports, a violation of California Vehicle Code Section 21709 is one of the Veh]]></description>
<content:encoded><![CDATA[<div class='snap_preview'><p>In traffic collision reports, a violation of California Vehicle Code Section 21709 is one of the Vehicle Code Sections that can be cited as being the primary collision factor for an auto accident in California.  This is true whether the accident only caused injuries or if the accident was a fatal accident which caused one or more fatalities.  Although a traffic collision report is not evidence, insurance companies treat them as if they are.</p>
<p>	California Vehicle Code Section 21709 provides:</p>
<p>21709. No vehicle shall at any time be driven through or within a safety zone.</p>
<p>	When a Police or CHP Officer, or a Sheriff’s Deputy states in his or her report either that the primary collision factor in an auto accident was one party’s violation of a certain vehicle code section such as the one above, and that one of the parties is at fault for violating that code section, the Officer or Deputy is stating what he or she believes to be the underlying cause of the accident.  </p>
<p>	The reason insurance companies treat the collision reports as if they are admissible evidence is that they know if put on the witness stand, the investigating officer or deputy will almost always testify in a manner consistent with the conclusions in his or her report.  That testimony becomes evidence and will often sway a jury in their determination of fault for an accident.</p>
<p>	While an investigating officer’s job is to determine if there was a violation of the law and not to determine who should be at fault in a civil dispute such as a car accident claim, insurance companies often view these two determinations as one and the same.  </p>
<p>	A police officer assigned to investigate the scene of an accident does not have the role that a trier of fact does in a courtroom.  The officer is not there to render a verdict and determine who is responsible for the damages.  Rather, the officer is there to determine if any laws were broken.   The officer makes such a determination based on his or her having seen the damage to the vehicles, and having spoken to the drivers and the witnesses when their memories are freshest.  He or she is thus often in a position to make a well-educated determination of who caused the accident.</p>
<p>	Unfortunately, despite the experience of most investigating officers who are dispatched to the scene of an accident, sometimes mistakes are made by these officers.  Quite often one or both parties to an accident will lie to them and an officer or deputy will not always be able to determine which of the parties is telling the truth.  The evidence from the scene, while important, may also be misleading as to what actually occurred to cause the accident.</p>
<p>	If you’ve been injured in an auto, truck, motorcycle, bike, pedestrian or car accident, or if you’ve lost a loved one in a wrongful death vehicle accident, call our offices for a free personal injury consultation by phone.  You can also e-mail Attorney Sebastian Gibson at SgibsonEsq@aol.com  Additionally, we invite you to visit the Sebastian Gibson law firm website for more information at www.SebastianGibsonLaw.com </p>
<p>	Sometimes an Officer or Deputy cannot determine with any degree of certainty which party was at fault and will cite two possible Vehicle Code Sections, one for each party in a two-party collision, that may have been violated.  In that case, the Police or CHP Officer or Deputy will often state that the primary collision factor is unknown.</p>
<p>	Even if there are witnesses to an accident, the Officer of Deputy may discount the statements of some or all of the witnesses if they were friends or relatives of one of the drivers.</p>
<p>	Although, as stated above, the conclusion of fault by an officer or deputy does not carry the same weight as a determination of fault by a judge or jury, the importance of the citation of this or any other California code section in the police report is that insurance companies treat the conclusions in these traffic collision reports in a great majority of cases as if the conclusions were written in stone and evaluate a party’s claim based on the findings of fault in these reports.</p>
<p>	A traffic collision report may be amended by the police department or the CHP where it contains obvious mistakes, such as when the officer or deputy has mixed up the names of the parties.  Supplemental reports are sometimes written when new evidence comes to light, such as when a hit and run party is located.  But for the most part, most police departments, Sheriff’s offices and the California Highway Patrol will not amend a report when a party complains and states why he or she doesn’t feel they should have been found at fault for a collision.  They will, however, in most cases allow a person to fill out a Counter Report, which, unfortunately simply does not carry much weight with an insurance company.</p>
<p>	If the Primary Collision Factor for an accident is unknown, one should look on the traffic collision report to see if the Police or California Highway Patrol Officer or Sheriff’s Deputy cited any “Other Associated Factors” in the traffic collision report as having had a role to play in causing the collision.  There may have been faulty equipment, as with some truck accidents, or the roadway itself may have been dangerous.</p>
<p>	If you’ve been injured in an auto accident in California that has been determined by the investigating Police or CHP Officer or a Sheriff’s Deputy to be the fault of another driver as a result of his or her violation of Vehicle Code Section 21709, call the Law Offices of Sebastian Gibson as soon after an accident as possible before important evidence disappears, such as skid marks that are washed away with the rain.</p>
<p>	At the Law Firm of Sebastian Gibson, we specialize in California auto accidents caused by violations of the California Vehicle Code, such as this section 21709, and will represent you to obtain the compensation you deserve for your injuries.</p>
<p>	In over thirty years of practice, Attorney Sebastian Gibson has obtained millions of dollars in settlements and multiple million dollar or larger settlements.  We handle auto accident cases on a contingency fee basis so there is no fee payable unless we win your case and obtain either a settlement, an arbitration, mediation, jury, judge or court award.</p>
<p>	Due to how insurance companies treat individuals without an attorney, a person injured in an auto accident will almost always receive a greater amount from a settlement, even after attorneys’ fees, if the case is handled from the start by an experienced and reputable personal injury lawyer. </p>
<p>	If you’ve been injured in an auto accident, call to speak with a lawyer at our offices for a free personal injury consultation by phone.  You can speak to Attorney Sebastian Gibson personally by phone or you can e-mail Sebastian Gibson at SgibsonEsq@aol.com<br />
Additionally, we invite you to visit the Sebastian Gibson law firm website at www.SebastianGibsonLaw.com  </p>
</div>]]></content:encoded>
</item>
<item>
<title><![CDATA[How Traffic Collision Reports Use California Vehicle Code Section 21707 And How Insurance Companies Interpret Them]]></title>
<link>http://blog.sebastiangibsonlaw.com/2009/12/02/how-traffic-collision-reports-use-california-vehicle-code-section-21707-and-how-insurance-companies-interpret-them/</link>
<pubDate>Wed, 02 Dec 2009 19:35:42 +0000</pubDate>
<dc:creator>sebastiangibson</dc:creator>
<guid>http://blog.sebastiangibsonlaw.com/2009/12/02/how-traffic-collision-reports-use-california-vehicle-code-section-21707-and-how-insurance-companies-interpret-them/</guid>
<description><![CDATA[In traffic collision reports, a violation of California Vehicle Code Section 21707 is one of the Veh]]></description>
<content:encoded><![CDATA[<div class='snap_preview'><p>In traffic collision reports, a violation of California Vehicle Code Section 21707 is one of the Vehicle Code Sections that can be cited as being the primary collision factor for an auto accident in California.  This is true whether the accident only caused injuries or if the accident was a fatal accident which caused one or more fatalities.  Although a traffic collision report is not evidence, insurance companies treat them as if they are.</p>
<p>	California Vehicle Code Section 21707 provides:</p>
<p>21707. No motor vehicle, except an authorized emergency vehicle or a vehicle of a duly authorized member of a fire or police department, shall be operated within the block wherein an emergency situation responded to by any fire department vehicle exists, except that in the event the nearest intersection to the emergency is more than 300 feet therefrom, this section shall prohibit operation of vehicles only within 300 feet of the emergency, unless directed to do so by a member of the fire department or police department, sheriff, deputy sheriff, or member of the California Highway Patrol. The emergency shall be deemed to have ceased to exist when the official of the fire department in charge at the scene of the emergency shall so indicate. Officials of the fire department or police department or the Department of the California Highway Patrol who are present shall make every effort to prevent the closing off entirely of congested highway traffic passing the scene of any such emergency. </p>
<p>	When a Police or CHP Officer, or a Sheriff’s Deputy states in his or her report either that the primary collision factor in an auto accident was one party’s violation of a certain vehicle code section such as the one above, and that one of the parties is at fault for violating that code section, the Officer or Deputy is stating what he or she believes to be the underlying cause of the accident.  </p>
<p>	The reason insurance companies treat the collision reports as if they are admissible evidence is that they know if put on the witness stand, the investigating officer or deputy will almost always testify in a manner consistent with the conclusions in his or her report.  That testimony becomes evidence and will often sway a jury in their determination of fault for an accident.</p>
<p>	While an investigating officer’s job is to determine if there was a violation of the law and not to determine who should be at fault in a civil dispute such as a car accident claim, insurance companies often view these two determinations as one and the same.  </p>
<p>	A police officer assigned to investigate the scene of an accident does not have the role that a trier of fact does in a courtroom.  The officer is not there to render a verdict and determine who is responsible for the damages.  Rather, the officer is there to determine if any laws were broken.   The officer makes such a determination based on his or her having seen the damage to the vehicles, and having spoken to the drivers and the witnesses when their memories are freshest.  He or she is thus often in a position to make a well-educated determination of who caused the accident.</p>
<p>	Unfortunately, despite the experience of most investigating officers who are dispatched to the scene of an accident, sometimes mistakes are made by these officers.  Quite often one or both parties to an accident will lie to them and an officer or deputy will not always be able to determine which of the parties is telling the truth.  The evidence from the scene, while important, may also be misleading as to what actually occurred to cause the accident.</p>
<p>	If you’ve been injured in an auto, truck, motorcycle, bike, pedestrian or car accident, or if you’ve lost a loved one in a wrongful death vehicle accident, call our offices for a free personal injury consultation by phone.  You can also e-mail Attorney Sebastian Gibson at SgibsonEsq@aol.com  Additionally, we invite you to visit the Sebastian Gibson law firm website for more information at www.SebastianGibsonLaw.com </p>
<p>	Sometimes an Officer or Deputy cannot determine with any degree of certainty which party was at fault and will cite two possible Vehicle Code Sections, one for each party in a two-party collision, that may have been violated.  In that case, the Police or CHP Officer or Deputy will often state that the primary collision factor is unknown.</p>
<p>	Even if there are witnesses to an accident, the Officer of Deputy may discount the statements of some or all of the witnesses if they were friends or relatives of one of the drivers.</p>
<p>	Although, as stated above, the conclusion of fault by an officer or deputy does not carry the same weight as a determination of fault by a judge or jury, the importance of the citation of this or any other California code section in the police report is that insurance companies treat the conclusions in these traffic collision reports in a great majority of cases as if the conclusions were written in stone and evaluate a party’s claim based on the findings of fault in these reports.</p>
<p>	A traffic collision report may be amended by the police department or the CHP where it contains obvious mistakes, such as when the officer or deputy has mixed up the names of the parties.  Supplemental reports are sometimes written when new evidence comes to light, such as when a hit and run party is located.  But for the most part, most police departments, Sheriff’s offices and the California Highway Patrol will not amend a report when a party complains and states why he or she doesn’t feel they should have been found at fault for a collision.  They will, however, in most cases allow a person to fill out a Counter Report, which, unfortunately simply does not carry much weight with an insurance company.</p>
<p>	If the Primary Collision Factor for an accident is unknown, one should look on the traffic collision report to see if the Police or California Highway Patrol Officer or Sheriff’s Deputy cited any “Other Associated Factors” in the traffic collision report as having had a role to play in causing the collision.  There may have been faulty equipment, as with some truck accidents, or the roadway itself may have been dangerous.</p>
<p>	If you’ve been injured in an auto accident in California that has been determined by the investigating Police or CHP Officer or a Sheriff’s Deputy to be the fault of another driver as a result of his or her violation of Vehicle Code Section 21707, call the Law Offices of Sebastian Gibson as soon after an accident as possible before important evidence disappears, such as skid marks that are washed away with the rain.</p>
<p>	At the Law Firm of Sebastian Gibson, we specialize in California auto accidents caused by violations of the California Vehicle Code, such as this section 21707, and will represent you to obtain the compensation you deserve for your injuries.</p>
<p>	In over thirty years of practice, Attorney Sebastian Gibson has obtained millions of dollars in settlements and multiple million dollar or larger settlements.  We handle auto accident cases on a contingency fee basis so there is no fee payable unless we win your case and obtain either a settlement, an arbitration, mediation, jury, judge or court award.</p>
<p>	Due to how insurance companies treat individuals without an attorney, a person injured in an auto accident will almost always receive a greater amount from a settlement, even after attorneys’ fees, if the case is handled from the start by an experienced and reputable personal injury lawyer. </p>
<p>	If you’ve been injured in an auto accident, call to speak with a lawyer at our offices for a free personal injury consultation by phone.  You can speak to Attorney Sebastian Gibson personally by phone or you can e-mail Sebastian Gibson at SgibsonEsq@aol.com<br />
Additionally, we invite you to visit the Sebastian Gibson law firm website at www.SebastianGibsonLaw.com  </p>
</div>]]></content:encoded>
</item>
<item>
<title><![CDATA[How Traffic Collision Reports Use California Vehicle Code Section 21706 And How Insurance Companies Interpret Them]]></title>
<link>http://blog.sebastiangibsonlaw.com/2009/12/02/how-traffic-collision-reports-use-california-vehicle-code-section-21706-and-how-insurance-companies-interpret-them/</link>
<pubDate>Wed, 02 Dec 2009 19:33:42 +0000</pubDate>
<dc:creator>sebastiangibson</dc:creator>
<guid>http://blog.sebastiangibsonlaw.com/2009/12/02/how-traffic-collision-reports-use-california-vehicle-code-section-21706-and-how-insurance-companies-interpret-them/</guid>
<description><![CDATA[In traffic collision reports, a violation of California Vehicle Code Section 21706 is one of the Veh]]></description>
<content:encoded><![CDATA[<div class='snap_preview'><p>In traffic collision reports, a violation of California Vehicle Code Section 21706 is one of the Vehicle Code Sections that can be cited as being the primary collision factor for an auto accident in California.  This is true whether the accident only caused injuries or if the accident was a fatal accident which caused one or more fatalities.  Although a traffic collision report is not evidence, insurance companies treat them as if they are.</p>
<p>	California Vehicle Code Section 21706 provides:</p>
<p>21706. No motor vehicle, except an authorized emergency vehicle, shall follow within 300 feet of any authorized emergency vehicle being operated under the provisions of Section 21055. This section shall not apply to a police or traffic officer when serving as an escort within the purview of Section 21057. </p>
<p>	When a Police or CHP Officer, or a Sheriff’s Deputy states in his or her report either that the primary collision factor in an auto accident was one party’s violation of a certain vehicle code section such as the one above, and that one of the parties is at fault for violating that code section, the Officer or Deputy is stating what he or she believes to be the underlying cause of the accident.  </p>
<p>	The reason insurance companies treat the collision reports as if they are admissible evidence is that they know if put on the witness stand, the investigating officer or deputy will almost always testify in a manner consistent with the conclusions in his or her report.  That testimony becomes evidence and will often sway a jury in their determination of fault for an accident.</p>
<p>	While an investigating officer’s job is to determine if there was a violation of the law and not to determine who should be at fault in a civil dispute such as a car accident claim, insurance companies often view these two determinations as one and the same.  </p>
<p>	A police officer assigned to investigate the scene of an accident does not have the role that a trier of fact does in a courtroom.  The officer is not there to render a verdict and determine who is responsible for the damages.  Rather, the officer is there to determine if any laws were broken.   The officer makes such a determination based on his or her having seen the damage to the vehicles, and having spoken to the drivers and the witnesses when their memories are freshest.  He or she is thus often in a position to make a well-educated determination of who caused the accident.</p>
<p>	Unfortunately, despite the experience of most investigating officers who are dispatched to the scene of an accident, sometimes mistakes are made by these officers.  Quite often one or both parties to an accident will lie to them and an officer or deputy will not always be able to determine which of the parties is telling the truth.  The evidence from the scene, while important, may also be misleading as to what actually occurred to cause the accident.</p>
<p>	If you’ve been injured in an auto, truck, motorcycle, bike, pedestrian or car accident, or if you’ve lost a loved one in a wrongful death vehicle accident, call our offices for a free personal injury consultation by phone.  You can also e-mail Attorney Sebastian Gibson at SgibsonEsq@aol.com  Additionally, we invite you to visit the Sebastian Gibson law firm website for more information at www.SebastianGibsonLaw.com </p>
<p>	Sometimes an Officer or Deputy cannot determine with any degree of certainty which party was at fault and will cite two possible Vehicle Code Sections, one for each party in a two-party collision, that may have been violated.  In that case, the Police or CHP Officer or Deputy will often state that the primary collision factor is unknown.</p>
<p>	Even if there are witnesses to an accident, the Officer of Deputy may discount the statements of some or all of the witnesses if they were friends or relatives of one of the drivers.</p>
<p>	Although, as stated above, the conclusion of fault by an officer or deputy does not carry the same weight as a determination of fault by a judge or jury, the importance of the citation of this or any other California code section in the police report is that insurance companies treat the conclusions in these traffic collision reports in a great majority of cases as if the conclusions were written in stone and evaluate a party’s claim based on the findings of fault in these reports.</p>
<p>	A traffic collision report may be amended by the police department or the CHP where it contains obvious mistakes, such as when the officer or deputy has mixed up the names of the parties.  Supplemental reports are sometimes written when new evidence comes to light, such as when a hit and run party is located.  But for the most part, most police departments, Sheriff’s offices and the California Highway Patrol will not amend a report when a party complains and states why he or she doesn’t feel they should have been found at fault for a collision.  They will, however, in most cases allow a person to fill out a Counter Report, which, unfortunately simply does not carry much weight with an insurance company.</p>
<p>	If the Primary Collision Factor for an accident is unknown, one should look on the traffic collision report to see if the Police or California Highway Patrol Officer or Sheriff’s Deputy cited any “Other Associated Factors” in the traffic collision report as having had a role to play in causing the collision.  There may have been faulty equipment, as with some truck accidents, or the roadway itself may have been dangerous.</p>
<p>	If you’ve been injured in an auto accident in California that has been determined by the investigating Police or CHP Officer or a Sheriff’s Deputy to be the fault of another driver as a result of his or her violation of Vehicle Code Section 21706, call the Law Offices of Sebastian Gibson as soon after an accident as possible before important evidence disappears, such as skid marks that are washed away with the rain.</p>
<p>	At the Law Firm of Sebastian Gibson, we specialize in California auto accidents caused by violations of the California Vehicle Code, such as this section 21706, and will represent you to obtain the compensation you deserve for your injuries.</p>
<p>	In over thirty years of practice, Attorney Sebastian Gibson has obtained millions of dollars in settlements and multiple million dollar or larger settlements.  We handle auto accident cases on a contingency fee basis so there is no fee payable unless we win your case and obtain either a settlement, an arbitration, mediation, jury, judge or court award.</p>
<p>	Due to how insurance companies treat individuals without an attorney, a person injured in an auto accident will almost always receive a greater amount from a settlement, even after attorneys’ fees, if the case is handled from the start by an experienced and reputable personal injury lawyer. </p>
<p>	If you’ve been injured in an auto accident, call to speak with a lawyer at our offices for a free personal injury consultation by phone.  You can speak to Attorney Sebastian Gibson personally by phone or you can e-mail Sebastian Gibson at SgibsonEsq@aol.com<br />
Additionally, we invite you to visit the Sebastian Gibson law firm website at www.SebastianGibsonLaw.com  </p>
</div>]]></content:encoded>
</item>
<item>
<title><![CDATA[How Traffic Collision Reports Use California Vehicle Code Section 21705 And How Insurance Companies Interpret Them]]></title>
<link>http://blog.sebastiangibsonlaw.com/2009/12/02/how-traffic-collision-reports-use-california-vehicle-code-section-21705-and-how-insurance-companies-interpret-them/</link>
<pubDate>Wed, 02 Dec 2009 19:31:49 +0000</pubDate>
<dc:creator>sebastiangibson</dc:creator>
<guid>http://blog.sebastiangibsonlaw.com/2009/12/02/how-traffic-collision-reports-use-california-vehicle-code-section-21705-and-how-insurance-companies-interpret-them/</guid>
<description><![CDATA[In traffic collision reports, a violation of California Vehicle Code Section 21705 is one of the Veh]]></description>
<content:encoded><![CDATA[<div class='snap_preview'><p>In traffic collision reports, a violation of California Vehicle Code Section 21705 is one of the Vehicle Code Sections that can be cited as being the primary collision factor for an auto accident in California.  This is true whether the accident only caused injuries or if the accident was a fatal accident which caused one or more fatalities.  Although a traffic collision report is not evidence, insurance companies treat them as if they are.</p>
<p>	California Vehicle Code Section 21705 provides:</p>
<p>21705. Motor vehicles being driven outside of a business or residence district in a caravan or motorcade, whether or not towing other vehicles, shall be so operated as to allow sufficient space and in no event less than 100 feet between each vehicle or combination of vehicles so as to enable any other vehicle to overtake or pass. </p>
<p>	When a Police or CHP Officer, or a Sheriff’s Deputy states in his or her report either that the primary collision factor in an auto accident was one party’s violation of a certain vehicle code section such as the one above, and that one of the parties is at fault for violating that code section, the Officer or Deputy is stating what he or she believes to be the underlying cause of the accident.  </p>
<p>	The reason insurance companies treat the collision reports as if they are admissible evidence is that they know if put on the witness stand, the investigating officer or deputy will almost always testify in a manner consistent with the conclusions in his or her report.  That testimony becomes evidence and will often sway a jury in their determination of fault for an accident.</p>
<p>	While an investigating officer’s job is to determine if there was a violation of the law and not to determine who should be at fault in a civil dispute such as a car accident claim, insurance companies often view these two determinations as one and the same.  </p>
<p>	A police officer assigned to investigate the scene of an accident does not have the role that a trier of fact does in a courtroom.  The officer is not there to render a verdict and determine who is responsible for the damages.  Rather, the officer is there to determine if any laws were broken.   The officer makes such a determination based on his or her having seen the damage to the vehicles, and having spoken to the drivers and the witnesses when their memories are freshest.  He or she is thus often in a position to make a well-educated determination of who caused the accident.</p>
<p>	Unfortunately, despite the experience of most investigating officers who are dispatched to the scene of an accident, sometimes mistakes are made by these officers.  Quite often one or both parties to an accident will lie to them and an officer or deputy will not always be able to determine which of the parties is telling the truth.  The evidence from the scene, while important, may also be misleading as to what actually occurred to cause the accident.</p>
<p>	If you’ve been injured in an auto, truck, motorcycle, bike, pedestrian or car accident, or if you’ve lost a loved one in a wrongful death vehicle accident, call our offices for a free personal injury consultation by phone.  You can also e-mail Attorney Sebastian Gibson at SgibsonEsq@aol.com  Additionally, we invite you to visit the Sebastian Gibson law firm website for more information at www.SebastianGibsonLaw.com </p>
<p>	Sometimes an Officer or Deputy cannot determine with any degree of certainty which party was at fault and will cite two possible Vehicle Code Sections, one for each party in a two-party collision, that may have been violated.  In that case, the Police or CHP Officer or Deputy will often state that the primary collision factor is unknown.</p>
<p>	Even if there are witnesses to an accident, the Officer of Deputy may discount the statements of some or all of the witnesses if they were friends or relatives of one of the drivers.</p>
<p>	Although, as stated above, the conclusion of fault by an officer or deputy does not carry the same weight as a determination of fault by a judge or jury, the importance of the citation of this or any other California code section in the police report is that insurance companies treat the conclusions in these traffic collision reports in a great majority of cases as if the conclusions were written in stone and evaluate a party’s claim based on the findings of fault in these reports.</p>
<p>	A traffic collision report may be amended by the police department or the CHP where it contains obvious mistakes, such as when the officer or deputy has mixed up the names of the parties.  Supplemental reports are sometimes written when new evidence comes to light, such as when a hit and run party is located.  But for the most part, most police departments, Sheriff’s offices and the California Highway Patrol will not amend a report when a party complains and states why he or she doesn’t feel they should have been found at fault for a collision.  They will, however, in most cases allow a person to fill out a Counter Report, which, unfortunately simply does not carry much weight with an insurance company.</p>
<p>	If the Primary Collision Factor for an accident is unknown, one should look on the traffic collision report to see if the Police or California Highway Patrol Officer or Sheriff’s Deputy cited any “Other Associated Factors” in the traffic collision report as having had a role to play in causing the collision.  There may have been faulty equipment, as with some truck accidents, or the roadway itself may have been dangerous.</p>
<p>	If you’ve been injured in an auto accident in California that has been determined by the investigating Police or CHP Officer or a Sheriff’s Deputy to be the fault of another driver as a result of his or her violation of Vehicle Code Section 21705, call the Law Offices of Sebastian Gibson as soon after an accident as possible before important evidence disappears, such as skid marks that are washed away with the rain.</p>
<p>	At the Law Firm of Sebastian Gibson, we specialize in California auto accidents caused by violations of the California Vehicle Code, such as this section 21705, and will represent you to obtain the compensation you deserve for your injuries.</p>
<p>	In over thirty years of practice, Attorney Sebastian Gibson has obtained millions of dollars in settlements and multiple million dollar or larger settlements.  We handle auto accident cases on a contingency fee basis so there is no fee payable unless we win your case and obtain either a settlement, an arbitration, mediation, jury, judge or court award.</p>
<p>	Due to how insurance companies treat individuals without an attorney, a person injured in an auto accident will almost always receive a greater amount from a settlement, even after attorneys’ fees, if the case is handled from the start by an experienced and reputable personal injury lawyer. </p>
<p>	If you’ve been injured in an auto accident, call to speak with a lawyer at our offices for a free personal injury consultation by phone.  You can speak to Attorney Sebastian Gibson personally by phone or you can e-mail Sebastian Gibson at SgibsonEsq@aol.com<br />
Additionally, we invite you to visit the Sebastian Gibson law firm website at www.SebastianGibsonLaw.com  </p>
</div>]]></content:encoded>
</item>
<item>
<title><![CDATA[How Traffic Collision Reports Use California Vehicle Code Section 21704 And How Insurance Companies Interpret Them]]></title>
<link>http://blog.sebastiangibsonlaw.com/2009/12/02/how-traffic-collision-reports-use-california-vehicle-code-section-21704-and-how-insurance-companies-interpret-them/</link>
<pubDate>Wed, 02 Dec 2009 19:29:39 +0000</pubDate>
<dc:creator>sebastiangibson</dc:creator>
<guid>http://blog.sebastiangibsonlaw.com/2009/12/02/how-traffic-collision-reports-use-california-vehicle-code-section-21704-and-how-insurance-companies-interpret-them/</guid>
<description><![CDATA[In traffic collision reports, a violation of California Vehicle Code Section 21704 is one of the Veh]]></description>
<content:encoded><![CDATA[<div class='snap_preview'><p>In traffic collision reports, a violation of California Vehicle Code Section 21704 is one of the Vehicle Code Sections that can be cited as being the primary collision factor for an auto accident in California.  This is true whether the accident only caused injuries or if the accident was a fatal accident which caused one or more fatalities.  Although a traffic collision report is not evidence, insurance companies treat them as if they are.</p>
<p>	California Vehicle Code Section 21704 provides:</p>
<p>21704. (a) The driver of any motor vehicle subject to the speed restriction of Section 22406 that is operated outside of a business or residence district, shall keep the vehicle he is driving at a distance of not less than 300 feet to the rear of any other motor vehicle subject to such speed restriction which is preceding it. (b) The provisions of this section shall not prevent overtaking and passing nor shall they apply upon a highway with two or more lanes for traffic in the direction of travel.</p>
<p>	When a Police or CHP Officer, or a Sheriff’s Deputy states in his or her report either that the primary collision factor in an auto accident was one party’s violation of a certain vehicle code section such as the one above, and that one of the parties is at fault for violating that code section, the Officer or Deputy is stating what he or she believes to be the underlying cause of the accident.  </p>
<p>	The reason insurance companies treat the collision reports as if they are admissible evidence is that they know if put on the witness stand, the investigating officer or deputy will almost always testify in a manner consistent with the conclusions in his or her report.  That testimony becomes evidence and will often sway a jury in their determination of fault for an accident.</p>
<p>	While an investigating officer’s job is to determine if there was a violation of the law and not to determine who should be at fault in a civil dispute such as a car accident claim, insurance companies often view these two determinations as one and the same.  </p>
<p>	A police officer assigned to investigate the scene of an accident does not have the role that a trier of fact does in a courtroom.  The officer is not there to render a verdict and determine who is responsible for the damages.  Rather, the officer is there to determine if any laws were broken.   The officer makes such a determination based on his or her having seen the damage to the vehicles, and having spoken to the drivers and the witnesses when their memories are freshest.  He or she is thus often in a position to make a well-educated determination of who caused the accident.</p>
<p>	Unfortunately, despite the experience of most investigating officers who are dispatched to the scene of an accident, sometimes mistakes are made by these officers.  Quite often one or both parties to an accident will lie to them and an officer or deputy will not always be able to determine which of the parties is telling the truth.  The evidence from the scene, while important, may also be misleading as to what actually occurred to cause the accident.</p>
<p>	If you’ve been injured in an auto, truck, motorcycle, bike, pedestrian or car accident, or if you’ve lost a loved one in a wrongful death vehicle accident, call our offices for a free personal injury consultation by phone.  You can also e-mail Attorney Sebastian Gibson at SgibsonEsq@aol.com  Additionally, we invite you to visit the Sebastian Gibson law firm website for more information at www.SebastianGibsonLaw.com </p>
<p>	Sometimes an Officer or Deputy cannot determine with any degree of certainty which party was at fault and will cite two possible Vehicle Code Sections, one for each party in a two-party collision, that may have been violated.  In that case, the Police or CHP Officer or Deputy will often state that the primary collision factor is unknown.</p>
<p>	Even if there are witnesses to an accident, the Officer of Deputy may discount the statements of some or all of the witnesses if they were friends or relatives of one of the drivers.</p>
<p>	Although, as stated above, the conclusion of fault by an officer or deputy does not carry the same weight as a determination of fault by a judge or jury, the importance of the citation of this or any other California code section in the police report is that insurance companies treat the conclusions in these traffic collision reports in a great majority of cases as if the conclusions were written in stone and evaluate a party’s claim based on the findings of fault in these reports.</p>
<p>	A traffic collision report may be amended by the police department or the CHP where it contains obvious mistakes, such as when the officer or deputy has mixed up the names of the parties.  Supplemental reports are sometimes written when new evidence comes to light, such as when a hit and run party is located.  But for the most part, most police departments, Sheriff’s offices and the California Highway Patrol will not amend a report when a party complains and states why he or she doesn’t feel they should have been found at fault for a collision.  They will, however, in most cases allow a person to fill out a Counter Report, which, unfortunately simply does not carry much weight with an insurance company.</p>
<p>	If the Primary Collision Factor for an accident is unknown, one should look on the traffic collision report to see if the Police or California Highway Patrol Officer or Sheriff’s Deputy cited any “Other Associated Factors” in the traffic collision report as having had a role to play in causing the collision.  There may have been faulty equipment, as with some truck accidents, or the roadway itself may have been dangerous.</p>
<p>	If you’ve been injured in an auto accident in California that has been determined by the investigating Police or CHP Officer or a Sheriff’s Deputy to be the fault of another driver as a result of his or her violation of Vehicle Code Section 21704, call the Law Offices of Sebastian Gibson as soon after an accident as possible before important evidence disappears, such as skid marks that are washed away with the rain.</p>
<p>	At the Law Firm of Sebastian Gibson, we specialize in California auto accidents caused by violations of the California Vehicle Code, such as this section 21704, and will represent you to obtain the compensation you deserve for your injuries.</p>
<p>	In over thirty years of practice, Attorney Sebastian Gibson has obtained millions of dollars in settlements and multiple million dollar or larger settlements.  We handle auto accident cases on a contingency fee basis so there is no fee payable unless we win your case and obtain either a settlement, an arbitration, mediation, jury, judge or court award.</p>
<p>	Due to how insurance companies treat individuals without an attorney, a person injured in an auto accident will almost always receive a greater amount from a settlement, even after attorneys’ fees, if the case is handled from the start by an experienced and reputable personal injury lawyer. </p>
<p>	If you’ve been injured in an auto accident, call to speak with a lawyer at our offices for a free personal injury consultation by phone.  You can speak to Attorney Sebastian Gibson personally by phone or you can e-mail Sebastian Gibson at SgibsonEsq@aol.com<br />
Additionally, we invite you to visit the Sebastian Gibson law firm website at www.SebastianGibsonLaw.com  </p>
</div>]]></content:encoded>
</item>
<item>
<title><![CDATA[How Traffic Collision Reports Use California Vehicle Code Section 21703 And How Insurance Companies Interpret Them]]></title>
<link>http://blog.sebastiangibsonlaw.com/2009/12/02/how-traffic-collision-reports-use-california-vehicle-code-section-21703-and-how-insurance-companies-interpret-them/</link>
<pubDate>Wed, 02 Dec 2009 19:27:41 +0000</pubDate>
<dc:creator>sebastiangibson</dc:creator>
<guid>http://blog.sebastiangibsonlaw.com/2009/12/02/how-traffic-collision-reports-use-california-vehicle-code-section-21703-and-how-insurance-companies-interpret-them/</guid>
<description><![CDATA[In traffic collision reports, a violation of California Vehicle Code Section 21703 is one of the Veh]]></description>
<content:encoded><![CDATA[<div class='snap_preview'><p>In traffic collision reports, a violation of California Vehicle Code Section 21703 is one of the Vehicle Code Sections that can be cited as being the primary collision factor for an auto accident in California.  This is true whether the accident only caused injuries or if the accident was a fatal accident which caused one or more fatalities.  Although a traffic collision report is not evidence, insurance companies treat them as if they are.</p>
<p>	California Vehicle Code Section 21703 provides:</p>
<p>21703. The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and the condition of, the roadway.</p>
<p>	When a Police or CHP Officer, or a Sheriff’s Deputy states in his or her report either that the primary collision factor in an auto accident was one party’s violation of a certain vehicle code section such as the one above, and that one of the parties is at fault for violating that code section, the Officer or Deputy is stating what he or she believes to be the underlying cause of the accident.  </p>
<p>	The reason insurance companies treat the collision reports as if they are admissible evidence is that they know if put on the witness stand, the investigating officer or deputy will almost always testify in a manner consistent with the conclusions in his or her report.  That testimony becomes evidence and will often sway a jury in their determination of fault for an accident.</p>
<p>	While an investigating officer’s job is to determine if there was a violation of the law and not to determine who should be at fault in a civil dispute such as a car accident claim, insurance companies often view these two determinations as one and the same.  </p>
<p>	A police officer assigned to investigate the scene of an accident does not have the role that a trier of fact does in a courtroom.  The officer is not there to render a verdict and determine who is responsible for the damages.  Rather, the officer is there to determine if any laws were broken.   The officer makes such a determination based on his or her having seen the damage to the vehicles, and having spoken to the drivers and the witnesses when their memories are freshest.  He or she is thus often in a position to make a well-educated determination of who caused the accident.</p>
<p>	Unfortunately, despite the experience of most investigating officers who are dispatched to the scene of an accident, sometimes mistakes are made by these officers.  Quite often one or both parties to an accident will lie to them and an officer or deputy will not always be able to determine which of the parties is telling the truth.  The evidence from the scene, while important, may also be misleading as to what actually occurred to cause the accident.</p>
<p>	If you’ve been injured in an auto, truck, motorcycle, bike, pedestrian or car accident, or if you’ve lost a loved one in a wrongful death vehicle accident, call our offices for a free personal injury consultation by phone.  You can also e-mail Attorney Sebastian Gibson at SgibsonEsq@aol.com  Additionally, we invite you to visit the Sebastian Gibson law firm website for more information at www.SebastianGibsonLaw.com </p>
<p>	Sometimes an Officer or Deputy cannot determine with any degree of certainty which party was at fault and will cite two possible Vehicle Code Sections, one for each party in a two-party collision, that may have been violated.  In that case, the Police or CHP Officer or Deputy will often state that the primary collision factor is unknown.</p>
<p>	Even if there are witnesses to an accident, the Officer of Deputy may discount the statements of some or all of the witnesses if they were friends or relatives of one of the drivers.</p>
<p>	Although, as stated above, the conclusion of fault by an officer or deputy does not carry the same weight as a determination of fault by a judge or jury, the importance of the citation of this or any other California code section in the police report is that insurance companies treat the conclusions in these traffic collision reports in a great majority of cases as if the conclusions were written in stone and evaluate a party’s claim based on the findings of fault in these reports.</p>
<p>	A traffic collision report may be amended by the police department or the CHP where it contains obvious mistakes, such as when the officer or deputy has mixed up the names of the parties.  Supplemental reports are sometimes written when new evidence comes to light, such as when a hit and run party is located.  But for the most part, most police departments, Sheriff’s offices and the California Highway Patrol will not amend a report when a party complains and states why he or she doesn’t feel they should have been found at fault for a collision.  They will, however, in most cases allow a person to fill out a Counter Report, which, unfortunately simply does not carry much weight with an insurance company.</p>
<p>	If the Primary Collision Factor for an accident is unknown, one should look on the traffic collision report to see if the Police or California Highway Patrol Officer or Sheriff’s Deputy cited any “Other Associated Factors” in the traffic collision report as having had a role to play in causing the collision.  There may have been faulty equipment, as with some truck accidents, or the roadway itself may have been dangerous.</p>
<p>	If you’ve been injured in an auto accident in California that has been determined by the investigating Police or CHP Officer or a Sheriff’s Deputy to be the fault of another driver as a result of his or her violation of Vehicle Code Section 21703, call the Law Offices of Sebastian Gibson as soon after an accident as possible before important evidence disappears, such as skid marks that are washed away with the rain.</p>
<p>	At the Law Firm of Sebastian Gibson, we specialize in California auto accidents caused by violations of the California Vehicle Code, such as this section 21703, and will represent you to obtain the compensation you deserve for your injuries.</p>
<p>	In over thirty years of practice, Attorney Sebastian Gibson has obtained millions of dollars in settlements and multiple million dollar or larger settlements.  We handle auto accident cases on a contingency fee basis so there is no fee payable unless we win your case and obtain either a settlement, an arbitration, mediation, jury, judge or court award.</p>
<p>	Due to how insurance companies treat individuals without an attorney, a person injured in an auto accident will almost always receive a greater amount from a settlement, even after attorneys’ fees, if the case is handled from the start by an experienced and reputable personal injury lawyer. </p>
<p>	If you’ve been injured in an auto accident, call to speak with a lawyer at our offices for a free personal injury consultation by phone.  You can speak to Attorney Sebastian Gibson personally by phone or you can e-mail Sebastian Gibson at SgibsonEsq@aol.com<br />
Additionally, we invite you to visit the Sebastian Gibson law firm website at www.SebastianGibsonLaw.com  </p>
</div>]]></content:encoded>
</item>
<item>
<title><![CDATA[How Traffic Collision Reports Use California Vehicle Code Section 21702 And How Insurance Companies Interpret Them]]></title>
<link>http://blog.sebastiangibsonlaw.com/2009/12/02/how-traffic-collision-reports-use-california-vehicle-code-section-21702-and-how-insurance-companies-interpret-them/</link>
<pubDate>Wed, 02 Dec 2009 19:25:43 +0000</pubDate>
<dc:creator>sebastiangibson</dc:creator>
<guid>http://blog.sebastiangibsonlaw.com/2009/12/02/how-traffic-collision-reports-use-california-vehicle-code-section-21702-and-how-insurance-companies-interpret-them/</guid>
<description><![CDATA[In traffic collision reports, a violation of California Vehicle Code Section 21702 is one of the Veh]]></description>
<content:encoded><![CDATA[<div class='snap_preview'><p>In traffic collision reports, a violation of California Vehicle Code Section 21702 is one of the Vehicle Code Sections that can be cited as being the primary collision factor for an auto accident in California.  This is true whether the accident only caused injuries or if the accident was a fatal accident which caused one or more fatalities.  Although a traffic collision report is not evidence, insurance companies treat them as if they are.</p>
<p>	California Vehicle Code Section 21702 provides:</p>
<p>21702. (a) No person shall drive upon any highway any vehicle designed or used for transporting persons for compensation for more than 10 consecutive hours nor for more than 10 hours spread over a total of 15 consecutive hours. Thereafter, such person shall not drive any such vehicle until eight consecutive hours have elapsed. Regardless of aggregate driving time, no driver shall drive for more than 10 hours in any 24-hour period unless eight consecutive hours off duty have elapsed. (b) No person shall drive upon any highway any vehicle designed or used for transporting merchandise, freight, materials or other property for more than 12 consecutive hours nor for more than 12 hours spread over a total of 15 consecutive hours. Thereafter, such person shall not drive any such vehicle until eight consecutive hours have elapsed. Regardless of aggregate driving time, no driver shall drive for more than 12 hours in any 24-hour period unless eight consecutive hours off duty have elapsed. (c) This section does not apply in any case of casualty or unavoidable accident or an act of God. (d) In computing the number of hours under this section, any time spent by a person in driving such a vehicle outside this state shall, upon the vehicle entering this state, be included. (e) Any person who violates any provision of this section is guilty of a misdemeanor and is punishable by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) for each offense. (f) This section shall not apply to the driver of a vehicle which is subject to the provisions of Section 34500. </p>
<p>	When a Police or CHP Officer, or a Sheriff’s Deputy states in his or her report either that the primary collision factor in an auto accident was one party’s violation of a certain vehicle code section such as the one above, and that one of the parties is at fault for violating that code section, the Officer or Deputy is stating what he or she believes to be the underlying cause of the accident.  </p>
<p>	The reason insurance companies treat the collision reports as if they are admissible evidence is that they know if put on the witness stand, the investigating officer or deputy will almost always testify in a manner consistent with the conclusions in his or her report.  That testimony becomes evidence and will often sway a jury in their determination of fault for an accident.</p>
<p>	While an investigating officer’s job is to determine if there was a violation of the law and not to determine who should be at fault in a civil dispute such as a car accident claim, insurance companies often view these two determinations as one and the same.  </p>
<p>	A police officer assigned to investigate the scene of an accident does not have the role that a trier of fact does in a courtroom.  The officer is not there to render a verdict and determine who is responsible for the damages.  Rather, the officer is there to determine if any laws were broken.   The officer makes such a determination based on his or her having seen the damage to the vehicles, and having spoken to the drivers and the witnesses when their memories are freshest.  He or she is thus often in a position to make a well-educated determination of who caused the accident.</p>
<p>	Unfortunately, despite the experience of most investigating officers who are dispatched to the scene of an accident, sometimes mistakes are made by these officers.  Quite often one or both parties to an accident will lie to them and an officer or deputy will not always be able to determine which of the parties is telling the truth.  The evidence from the scene, while important, may also be misleading as to what actually occurred to cause the accident.</p>
<p>	If you’ve been injured in an auto, truck, motorcycle, bike, pedestrian or car accident, or if you’ve lost a loved one in a wrongful death vehicle accident, call our offices for a free personal injury consultation by phone.  You can also e-mail Attorney Sebastian Gibson at SgibsonEsq@aol.com  Additionally, we invite you to visit the Sebastian Gibson law firm website for more information at www.SebastianGibsonLaw.com </p>
<p>	Sometimes an Officer or Deputy cannot determine with any degree of certainty which party was at fault and will cite two possible Vehicle Code Sections, one for each party in a two-party collision, that may have been violated.  In that case, the Police or CHP Officer or Deputy will often state that the primary collision factor is unknown.</p>
<p>	Even if there are witnesses to an accident, the Officer of Deputy may discount the statements of some or all of the witnesses if they were friends or relatives of one of the drivers.</p>
<p>	Although, as stated above, the conclusion of fault by an officer or deputy does not carry the same weight as a determination of fault by a judge or jury, the importance of the citation of this or any other California code section in the police report is that insurance companies treat the conclusions in these traffic collision reports in a great majority of cases as if the conclusions were written in stone and evaluate a party’s claim based on the findings of fault in these reports.</p>
<p>	A traffic collision report may be amended by the police department or the CHP where it contains obvious mistakes, such as when the officer or deputy has mixed up the names of the parties.  Supplemental reports are sometimes written when new evidence comes to light, such as when a hit and run party is located.  But for the most part, most police departments, Sheriff’s offices and the California Highway Patrol will not amend a report when a party complains and states why he or she doesn’t feel they should have been found at fault for a collision.  They will, however, in most cases allow a person to fill out a Counter Report, which, unfortunately simply does not carry much weight with an insurance company.</p>
<p>	If the Primary Collision Factor for an accident is unknown, one should look on the traffic collision report to see if the Police or California Highway Patrol Officer or Sheriff’s Deputy cited any “Other Associated Factors” in the traffic collision report as having had a role to play in causing the collision.  There may have been faulty equipment, as with some truck accidents, or the roadway itself may have been dangerous.</p>
<p>	If you’ve been injured in an auto accident in California that has been determined by the investigating Police or CHP Officer or a Sheriff’s Deputy to be the fault of another driver as a result of his or her violation of Vehicle Code Section 21702, call the Law Offices of Sebastian Gibson as soon after an accident as possible before important evidence disappears, such as skid marks that are washed away with the rain.</p>
<p>	At the Law Firm of Sebastian Gibson, we specialize in California auto accidents caused by violations of the California Vehicle Code, such as this section 21702, and will represent you to obtain the compensation you deserve for your injuries.</p>
<p>	In over thirty years of practice, Attorney Sebastian Gibson has obtained millions of dollars in settlements and multiple million dollar or larger settlements.  We handle auto accident cases on a contingency fee basis so there is no fee payable unless we win your case and obtain either a settlement, an arbitration, mediation, jury, judge or court award.</p>
<p>	Due to how insurance companies treat individuals without an attorney, a person injured in an auto accident will almost always receive a greater amount from a settlement, even after attorneys’ fees, if the case is handled from the start by an experienced and reputable personal injury lawyer. </p>
<p>	If you’ve been injured in an auto accident, call to speak with a lawyer at our offices for a free personal injury consultation by phone.  You can speak to Attorney Sebastian Gibson personally by phone or you can e-mail Sebastian Gibson at SgibsonEsq@aol.com<br />
Additionally, we invite you to visit the Sebastian Gibson law firm website at www.SebastianGibsonLaw.com  </p>
</div>]]></content:encoded>
</item>
<item>
<title><![CDATA[How Traffic Collision Reports Use California Vehicle Code Section 21701 And How Insurance Companies Interpret Them]]></title>
<link>http://blog.sebastiangibsonlaw.com/2009/12/02/how-traffic-collision-reports-use-california-vehicle-code-section-21701-and-how-insurance-companies-interpret-them/</link>
<pubDate>Wed, 02 Dec 2009 19:23:39 +0000</pubDate>
<dc:creator>sebastiangibson</dc:creator>
<guid>http://blog.sebastiangibsonlaw.com/2009/12/02/how-traffic-collision-reports-use-california-vehicle-code-section-21701-and-how-insurance-companies-interpret-them/</guid>
<description><![CDATA[In traffic collision reports, a violation of California Vehicle Code Section 21701 is one of the Veh]]></description>
<content:encoded><![CDATA[<div class='snap_preview'><p>In traffic collision reports, a violation of California Vehicle Code Section 21701 is one of the Vehicle Code Sections that can be cited as being the primary collision factor for an auto accident in California.  This is true whether the accident only caused injuries or if the accident was a fatal accident which caused one or more fatalities.  Although a traffic collision report is not evidence, insurance companies treat them as if they are.</p>
<p>	California Vehicle Code Section 21701 provides:</p>
<p>21701. No person shall wilfully interfere with the driver of a vehicle or with the mechanism thereof in such manner as to affect the driver&#8217;s control of the vehicle. The provisions of this section shall not apply to a drivers&#8217; license examiner or other employee of the Department of Motor Vehicles when conducting the road or driving test of an applicant for a driver&#8217;s license nor to a person giving instruction as a part of a course in driver training conducted by a public school, educational institution or a driver training school licensed by the Department of Motor Vehicles. </p>
<p>	When a Police or CHP Officer, or a Sheriff’s Deputy states in his or her report either that the primary collision factor in an auto accident was one party’s violation of a certain vehicle code section such as the one above, and that one of the parties is at fault for violating that code section, the Officer or Deputy is stating what he or she believes to be the underlying cause of the accident.  </p>
<p>	The reason insurance companies treat the collision reports as if they are admissible evidence is that they know if put on the witness stand, the investigating officer or deputy will almost always testify in a manner consistent with the conclusions in his or her report.  That testimony becomes evidence and will often sway a jury in their determination of fault for an accident.</p>
<p>	While an investigating officer’s job is to determine if there was a violation of the law and not to determine who should be at fault in a civil dispute such as a car accident claim, insurance companies often view these two determinations as one and the same.  </p>
<p>	A police officer assigned to investigate the scene of an accident does not have the role that a trier of fact does in a courtroom.  The officer is not there to render a verdict and determine who is responsible for the damages.  Rather, the officer is there to determine if any laws were broken.   The officer makes such a determination based on his or her having seen the damage to the vehicles, and having spoken to the drivers and the witnesses when their memories are freshest.  He or she is thus often in a position to make a well-educated determination of who caused the accident.</p>
<p>	Unfortunately, despite the experience of most investigating officers who are dispatched to the scene of an accident, sometimes mistakes are made by these officers.  Quite often one or both parties to an accident will lie to them and an officer or deputy will not always be able to determine which of the parties is telling the truth.  The evidence from the scene, while important, may also be misleading as to what actually occurred to cause the accident.</p>
<p>	If you’ve been injured in an auto, truck, motorcycle, bike, pedestrian or car accident, or if you’ve lost a loved one in a wrongful death vehicle accident, call our offices for a free personal injury consultation by phone.  You can also e-mail Attorney Sebastian Gibson at SgibsonEsq@aol.com  Additionally, we invite you to visit the Sebastian Gibson law firm website for more information at www.SebastianGibsonLaw.com </p>
<p>	Sometimes an Officer or Deputy cannot determine with any degree of certainty which party was at fault and will cite two possible Vehicle Code Sections, one for each party in a two-party collision, that may have been violated.  In that case, the Police or CHP Officer or Deputy will often state that the primary collision factor is unknown.</p>
<p>	Even if there are witnesses to an accident, the Officer of Deputy may discount the statements of some or all of the witnesses if they were friends or relatives of one of the drivers.</p>
<p>	Although, as stated above, the conclusion of fault by an officer or deputy does not carry the same weight as a determination of fault by a judge or jury, the importance of the citation of this or any other California code section in the police report is that insurance companies treat the conclusions in these traffic collision reports in a great majority of cases as if the conclusions were written in stone and evaluate a party’s claim based on the findings of fault in these reports.</p>
<p>	A traffic collision report may be amended by the police department or the CHP where it contains obvious mistakes, such as when the officer or deputy has mixed up the names of the parties.  Supplemental reports are sometimes written when new evidence comes to light, such as when a hit and run party is located.  But for the most part, most police departments, Sheriff’s offices and the California Highway Patrol will not amend a report when a party complains and states why he or she doesn’t feel they should have been found at fault for a collision.  They will, however, in most cases allow a person to fill out a Counter Report, which, unfortunately simply does not carry much weight with an insurance company.</p>
<p>	If the Primary Collision Factor for an accident is unknown, one should look on the traffic collision report to see if the Police or California Highway Patrol Officer or Sheriff’s Deputy cited any “Other Associated Factors” in the traffic collision report as having had a role to play in causing the collision.  There may have been faulty equipment, as with some truck accidents, or the roadway itself may have been dangerous.</p>
<p>	If you’ve been injured in an auto accident in California that has been determined by the investigating Police or CHP Officer or a Sheriff’s Deputy to be the fault of another driver as a result of his or her violation of Vehicle Code Section 21701, call the Law Offices of Sebastian Gibson as soon after an accident as possible before important evidence disappears, such as skid marks that are washed away with the rain.</p>
<p>	At the Law Firm of Sebastian Gibson, we specialize in California auto accidents caused by violations of the California Vehicle Code, such as this section 21701, and will represent you to obtain the compensation you deserve for your injuries.</p>
<p>	In over thirty years of practice, Attorney Sebastian Gibson has obtained millions of dollars in settlements and multiple million dollar or larger settlements.  We handle auto accident cases on a contingency fee basis so there is no fee payable unless we win your case and obtain either a settlement, an arbitration, mediation, jury, judge or court award.</p>
<p>	Due to how insurance companies treat individuals without an attorney, a person injured in an auto accident will almost always receive a greater amount from a settlement, even after attorneys’ fees, if the case is handled from the start by an experienced and reputable personal injury lawyer. </p>
<p>	If you’ve been injured in an auto accident, call to speak with a lawyer at our offices for a free personal injury consultation by phone.  You can speak to Attorney Sebastian Gibson personally by phone or you can e-mail Sebastian Gibson at SgibsonEsq@aol.com<br />
Additionally, we invite you to visit the Sebastian Gibson law firm website at www.SebastianGibsonLaw.com  </p>
</div>]]></content:encoded>
</item>
<item>
<title><![CDATA[How Traffic Collision Reports Use California Vehicle Code Section 21700 And How Insurance Companies Interpret Them]]></title>
<link>http://blog.sebastiangibsonlaw.com/2009/12/02/how-traffic-collision-reports-use-california-vehicle-code-section-21700-and-how-insurance-companies-interpret-them/</link>
<pubDate>Wed, 02 Dec 2009 19:21:44 +0000</pubDate>
<dc:creator>sebastiangibson</dc:creator>
<guid>http://blog.sebastiangibsonlaw.com/2009/12/02/how-traffic-collision-reports-use-california-vehicle-code-section-21700-and-how-insurance-companies-interpret-them/</guid>
<description><![CDATA[In traffic collision reports, a violation of California Vehicle Code Section 21700 is one of the Veh]]></description>
<content:encoded><![CDATA[<div class='snap_preview'><p>In traffic collision reports, a violation of California Vehicle Code Section 21700 is one of the Vehicle Code Sections that can be cited as being the primary collision factor for an auto accident in California.  This is true whether the accident only caused injuries or if the accident was a fatal accident which caused one or more fatalities.  Although a traffic collision report is not evidence, insurance companies treat them as if they are.</p>
<p>	California Vehicle Code Section 21700 provides:</p>
<p>21700. No person shall drive a vehicle when it is so loaded, or when there are in the front seat such number of persons as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver&#8217;s control over the driving mechanism of the vehicle.</p>
<p>	When a Police or CHP Officer, or a Sheriff’s Deputy states in his or her report either that the primary collision factor in an auto accident was one party’s violation of a certain vehicle code section such as the one above, and that one of the parties is at fault for violating that code section, the Officer or Deputy is stating what he or she believes to be the underlying cause of the accident.  </p>
<p>	The reason insurance companies treat the collision reports as if they are admissible evidence is that they know if put on the witness stand, the investigating officer or deputy will almost always testify in a manner consistent with the conclusions in his or her report.  That testimony becomes evidence and will often sway a jury in their determination of fault for an accident.</p>
<p>	While an investigating officer’s job is to determine if there was a violation of the law and not to determine who should be at fault in a civil dispute such as a car accident claim, insurance companies often view these two determinations as one and the same.  </p>
<p>	A police officer assigned to investigate the scene of an accident does not have the role that a trier of fact does in a courtroom.  The officer is not there to render a verdict and determine who is responsible for the damages.  Rather, the officer is there to determine if any laws were broken.   The officer makes such a determination based on his or her having seen the damage to the vehicles, and having spoken to the drivers and the witnesses when their memories are freshest.  He or she is thus often in a position to make a well-educated determination of who caused the accident.</p>
<p>	Unfortunately, despite the experience of most investigating officers who are dispatched to the scene of an accident, sometimes mistakes are made by these officers.  Quite often one or both parties to an accident will lie to them and an officer or deputy will not always be able to determine which of the parties is telling the truth.  The evidence from the scene, while important, may also be misleading as to what actually occurred to cause the accident.</p>
<p>	If you’ve been injured in an auto, truck, motorcycle, bike, pedestrian or car accident, or if you’ve lost a loved one in a wrongful death vehicle accident, call our offices for a free personal injury consultation by phone.  You can also e-mail Attorney Sebastian Gibson at SgibsonEsq@aol.com  Additionally, we invite you to visit the Sebastian Gibson law firm website for more information at www.SebastianGibsonLaw.com </p>
<p>	Sometimes an Officer or Deputy cannot determine with any degree of certainty which party was at fault and will cite two possible Vehicle Code Sections, one for each party in a two-party collision, that may have been violated.  In that case, the Police or CHP Officer or Deputy will often state that the primary collision factor is unknown.</p>
<p>	Even if there are witnesses to an accident, the Officer of Deputy may discount the statements of some or all of the witnesses if they were friends or relatives of one of the drivers.</p>
<p>	Although, as stated above, the conclusion of fault by an officer or deputy does not carry the same weight as a determination of fault by a judge or jury, the importance of the citation of this or any other California code section in the police report is that insurance companies treat the conclusions in these traffic collision reports in a great majority of cases as if the conclusions were written in stone and evaluate a party’s claim based on the findings of fault in these reports.</p>
<p>	A traffic collision report may be amended by the police department or the CHP where it contains obvious mistakes, such as when the officer or deputy has mixed up the names of the parties.  Supplemental reports are sometimes written when new evidence comes to light, such as when a hit and run party is located.  But for the most part, most police departments, Sheriff’s offices and the California Highway Patrol will not amend a report when a party complains and states why he or she doesn’t feel they should have been found at fault for a collision.  They will, however, in most cases allow a person to fill out a Counter Report, which, unfortunately simply does not carry much weight with an insurance company.</p>
<p>	If the Primary Collision Factor for an accident is unknown, one should look on the traffic collision report to see if the Police or California Highway Patrol Officer or Sheriff’s Deputy cited any “Other Associated Factors” in the traffic collision report as having had a role to play in causing the collision.  There may have been faulty equipment, as with some truck accidents, or the roadway itself may have been dangerous.</p>
<p>	If you’ve been injured in an auto accident in California that has been determined by the investigating Police or CHP Officer or a Sheriff’s Deputy to be the fault of another driver as a result of his or her violation of Vehicle Code Section 21700, call the Law Offices of Sebastian Gibson as soon after an accident as possible before important evidence disappears, such as skid marks that are washed away with the rain.</p>
<p>	At the Law Firm of Sebastian Gibson, we specialize in California auto accidents caused by violations of the California Vehicle Code, such as this section 21700, and will represent you to obtain the compensation you deserve for your injuries.</p>
<p>	In over thirty years of practice, Attorney Sebastian Gibson has obtained millions of dollars in settlements and multiple million dollar or larger settlements.  We handle auto accident cases on a contingency fee basis so there is no fee payable unless we win your case and obtain either a settlement, an arbitration, mediation, jury, judge or court award.</p>
<p>	Due to how insurance companies treat individuals without an attorney, a person injured in an auto accident will almost always receive a greater amount from a settlement, even after attorneys’ fees, if the case is handled from the start by an experienced and reputable personal injury lawyer. </p>
<p>	If you’ve been injured in an auto accident, call to speak with a lawyer at our offices for a free personal injury consultation by phone.  You can speak to Attorney Sebastian Gibson personally by phone or you can e-mail Sebastian Gibson at SgibsonEsq@aol.com<br />
Additionally, we invite you to visit the Sebastian Gibson law firm website at www.SebastianGibsonLaw.com  </p>
</div>]]></content:encoded>
</item>
<item>
<title><![CDATA[How Traffic Collision Reports Use California Vehicle Code Section 21664 And How Insurance Companies Interpret Them]]></title>
<link>http://blog.sebastiangibsonlaw.com/2009/12/02/how-traffic-collision-reports-use-california-vehicle-code-section-21664-and-how-insurance-companies-interpret-them/</link>
<pubDate>Wed, 02 Dec 2009 19:19:48 +0000</pubDate>
<dc:creator>sebastiangibson</dc:creator>
<guid>http://blog.sebastiangibsonlaw.com/2009/12/02/how-traffic-collision-reports-use-california-vehicle-code-section-21664-and-how-insurance-companies-interpret-them/</guid>
<description><![CDATA[In traffic collision reports, a violation of California Vehicle Code Section 21664 is one of the Veh]]></description>
<content:encoded><![CDATA[<div class='snap_preview'><p>In traffic collision reports, a violation of California Vehicle Code Section 21664 is one of the Vehicle Code Sections that can be cited as being the primary collision factor for an auto accident in California.  This is true whether the accident only caused injuries or if the accident was a fatal accident which caused one or more fatalities.  Although a traffic collision report is not evidence, insurance companies treat them as if they are.</p>
<p>	California Vehicle Code Section 21664 provides:</p>
<p>21664. It is unlawful for the driver of any vehicle to enter or exit any freeway which has full control of access and no crossings at grade, except upon a designated on ramp with respect to entering the freeway or a designated off ramp with respect to exiting the freeway. </p>
<p>	When a Police or CHP Officer, or a Sheriff’s Deputy states in his or her report either that the primary collision factor in an auto accident was one party’s violation of a certain vehicle code section such as the one above, and that one of the parties is at fault for violating that code section, the Officer or Deputy is stating what he or she believes to be the underlying cause of the accident.  </p>
<p>	The reason insurance companies treat the collision reports as if they are admissible evidence is that they know if put on the witness stand, the investigating officer or deputy will almost always testify in a manner consistent with the conclusions in his or her report.  That testimony becomes evidence and will often sway a jury in their determination of fault for an accident.</p>
<p>	While an investigating officer’s job is to determine if there was a violation of the law and not to determine who should be at fault in a civil dispute such as a car accident claim, insurance companies often view these two determinations as one and the same.  </p>
<p>	A police officer assigned to investigate the scene of an accident does not have the role that a trier of fact does in a courtroom.  The officer is not there to render a verdict and determine who is responsible for the damages.  Rather, the officer is there to determine if any laws were broken.   The officer makes such a determination based on his or her having seen the damage to the vehicles, and having spoken to the drivers and the witnesses when their memories are freshest.  He or she is thus often in a position to make a well-educated determination of who caused the accident.</p>
<p>	Unfortunately, despite the experience of most investigating officers who are dispatched to the scene of an accident, sometimes mistakes are made by these officers.  Quite often one or both parties to an accident will lie to them and an officer or deputy will not always be able to determine which of the parties is telling the truth.  The evidence from the scene, while important, may also be misleading as to what actually occurred to cause the accident.</p>
<p>	If you’ve been injured in an auto, truck, motorcycle, bike, pedestrian or car accident, or if you’ve lost a loved one in a wrongful death vehicle accident, call our offices for a free personal injury consultation by phone.  You can also e-mail Attorney Sebastian Gibson at SgibsonEsq@aol.com  Additionally, we invite you to visit the Sebastian Gibson law firm website for more information at www.SebastianGibsonLaw.com </p>
<p>	Sometimes an Officer or Deputy cannot determine with any degree of certainty which party was at fault and will cite two possible Vehicle Code Sections, one for each party in a two-party collision, that may have been violated.  In that case, the Police or CHP Officer or Deputy will often state that the primary collision factor is unknown.</p>
<p>	Even if there are witnesses to an accident, the Officer of Deputy may discount the statements of some or all of the witnesses if they were friends or relatives of one of the drivers.</p>
<p>	Although, as stated above, the conclusion of fault by an officer or deputy does not carry the same weight as a determination of fault by a judge or jury, the importance of the citation of this or any other California code section in the police report is that insurance companies treat the conclusions in these traffic collision reports in a great majority of cases as if the conclusions were written in stone and evaluate a party’s claim based on the findings of fault in these reports.</p>
<p>	A traffic collision report may be amended by the police department or the CHP where it contains obvious mistakes, such as when the officer or deputy has mixed up the names of the parties.  Supplemental reports are sometimes written when new evidence comes to light, such as when a hit and run party is located.  But for the most part, most police departments, Sheriff’s offices and the California Highway Patrol will not amend a report when a party complains and states why he or she doesn’t feel they should have been found at fault for a collision.  They will, however, in most cases allow a person to fill out a Counter Report, which, unfortunately simply does not carry much weight with an insurance company.</p>
<p>	If the Primary Collision Factor for an accident is unknown, one should look on the traffic collision report to see if the Police or California Highway Patrol Officer or Sheriff’s Deputy cited any “Other Associated Factors” in the traffic collision report as having had a role to play in causing the collision.  There may have been faulty equipment, as with some truck accidents, or the roadway itself may have been dangerous.</p>
<p>	If you’ve been injured in an auto accident in California that has been determined by the investigating Police or CHP Officer or a Sheriff’s Deputy to be the fault of another driver as a result of his or her violation of Vehicle Code Section 21664, call the Law Offices of Sebastian Gibson as soon after an accident as possible before important evidence disappears, such as skid marks that are washed away with the rain.</p>
<p>	At the Law Firm of Sebastian Gibson, we specialize in California auto accidents caused by violations of the California Vehicle Code, such as this section 21664, and will represent you to obtain the compensation you deserve for your injuries.</p>
<p>	In over thirty years of practice, Attorney Sebastian Gibson has obtained millions of dollars in settlements and multiple million dollar or larger settlements.  We handle auto accident cases on a contingency fee basis so there is no fee payable unless we win your case and obtain either a settlement, an arbitration, mediation, jury, judge or court award.</p>
<p>	Due to how insurance companies treat individuals without an attorney, a person injured in an auto accident will almost always receive a greater amount from a settlement, even after attorneys’ fees, if the case is handled from the start by an experienced and reputable personal injury lawyer. </p>
<p>	If you’ve been injured in an auto accident, call to speak with a lawyer at our offices for a free personal injury consultation by phone.  You can speak to Attorney Sebastian Gibson personally by phone or you can e-mail Sebastian Gibson at SgibsonEsq@aol.com<br />
Additionally, we invite you to visit the Sebastian Gibson law firm website at www.SebastianGibsonLaw.com  </p>
</div>]]></content:encoded>
</item>
<item>
<title><![CDATA[How Traffic Collision Reports Use California Vehicle Code Section 21662 And How Insurance Companies Interpret Them]]></title>
<link>http://blog.sebastiangibsonlaw.com/2009/12/02/how-traffic-collision-reports-use-california-vehicle-code-section-21662-and-how-insurance-companies-interpret-them/</link>
<pubDate>Wed, 02 Dec 2009 19:17:26 +0000</pubDate>
<dc:creator>sebastiangibson</dc:creator>
<guid>http://blog.sebastiangibsonlaw.com/2009/12/02/how-traffic-collision-reports-use-california-vehicle-code-section-21662-and-how-insurance-companies-interpret-them/</guid>
<description><![CDATA[In traffic collision reports, a violation of California Vehicle Code Section 21662 is one of the Veh]]></description>
<content:encoded><![CDATA[<div class='snap_preview'><p>In traffic collision reports, a violation of California Vehicle Code Section 21662 is one of the Vehicle Code Sections that can be cited as being the primary collision factor for an auto accident in California.  This is true whether the accident only caused injuries or if the accident was a fatal accident which caused one or more fatalities.  Although a traffic collision report is not evidence, insurance companies treat them as if they are.</p>
<p>	California Vehicle Code Section 21662 provides:</p>
<p>21662. The driver of a motor vehicle traveling through defiles or canyons or upon mountain highways shall hold the motor vehicle under control at all times and shall do the following when applicable: (a) If the roadway has no marked centerline, the driver shall drive as near the right-hand edge of the roadway as is reasonably possible. (b) If the roadway has insufficient width to permit a motor vehicle to be driven entirely to the right of the center of the roadway, the driver shall give audible warning with the horn of the motor vehicle upon approaching any curve where the view is obstructed within a distance of 200 feet along the highway. </p>
<p>	When a Police or CHP Officer, or a Sheriff’s Deputy states in his or her report either that the primary collision factor in an auto accident was one party’s violation of a certain vehicle code section such as the one above, and that one of the parties is at fault for violating that code section, the Officer or Deputy is stating what he or she believes to be the underlying cause of the accident.  </p>
<p>	The reason insurance companies treat the collision reports as if they are admissible evidence is that they know if put on the witness stand, the investigating officer or deputy will almost always testify in a manner consistent with the conclusions in his or her report.  That testimony becomes evidence and will often sway a jury in their determination of fault for an accident.</p>
<p>	While an investigating officer’s job is to determine if there was a violation of the law and not to determine who should be at fault in a civil dispute such as a car accident claim, insurance companies often view these two determinations as one and the same.  </p>
<p>	A police officer assigned to investigate the scene of an accident does not have the role that a trier of fact does in a courtroom.  The officer is not there to render a verdict and determine who is responsible for the damages.  Rather, the officer is there to determine if any laws were broken.   The officer makes such a determination based on his or her having seen the damage to the vehicles, and having spoken to the drivers and the witnesses when their memories are freshest.  He or she is thus often in a position to make a well-educated determination of who caused the accident.</p>
<p>	Unfortunately, despite the experience of most investigating officers who are dispatched to the scene of an accident, sometimes mistakes are made by these officers.  Quite often one or both parties to an accident will lie to them and an officer or deputy will not always be able to determine which of the parties is telling the truth.  The evidence from the scene, while important, may also be misleading as to what actually occurred to cause the accident.</p>
<p>	If you’ve been injured in an auto, truck, motorcycle, bike, pedestrian or car accident, or if you’ve lost a loved one in a wrongful death vehicle accident, call our offices for a free personal injury consultation by phone.  You can also e-mail Attorney Sebastian Gibson at SgibsonEsq@aol.com  Additionally, we invite you to visit the Sebastian Gibson law firm website for more information at www.SebastianGibsonLaw.com </p>
<p>	Sometimes an Officer or Deputy cannot determine with any degree of certainty which party was at fault and will cite two possible Vehicle Code Sections, one for each party in a two-party collision, that may have been violated.  In that case, the Police or CHP Officer or Deputy will often state that the primary collision factor is unknown.</p>
<p>	Even if there are witnesses to an accident, the Officer of Deputy may discount the statements of some or all of the witnesses if they were friends or relatives of one of the drivers.</p>
<p>	Although, as stated above, the conclusion of fault by an officer or deputy does not carry the same weight as a determination of fault by a judge or jury, the importance of the citation of this or any other California code section in the police report is that insurance companies treat the conclusions in these traffic collision reports in a great majority of cases as if the conclusions were written in stone and evaluate a party’s claim based on the findings of fault in these reports.</p>
<p>	A traffic collision report may be amended by the police department or the CHP where it contains obvious mistakes, such as when the officer or deputy has mixed up the names of the parties.  Supplemental reports are sometimes written when new evidence comes to light, such as when a hit and run party is located.  But for the most part, most police departments, Sheriff’s offices and the California Highway Patrol will not amend a report when a party complains and states why he or she doesn’t feel they should have been found at fault for a collision.  They will, however, in most cases allow a person to fill out a Counter Report, which, unfortunately simply does not carry much weight with an insurance company.</p>
<p>	If the Primary Collision Factor for an accident is unknown, one should look on the traffic collision report to see if the Police or California Highway Patrol Officer or Sheriff’s Deputy cited any “Other Associated Factors” in the traffic collision report as having had a role to play in causing the collision.  There may have been faulty equipment, as with some truck accidents, or the roadway itself may have been dangerous.</p>
<p>	If you’ve been injured in an auto accident in California that has been determined by the investigating Police or CHP Officer or a Sheriff’s Deputy to be the fault of another driver as a result of his or her violation of Vehicle Code Section 21662, call the Law Offices of Sebastian Gibson as soon after an accident as possible before important evidence disappears, such as skid marks that are washed away with the rain.</p>
<p>	At the Law Firm of Sebastian Gibson, we specialize in California auto accidents caused by violations of the California Vehicle Code, such as this section 21662, and will represent you to obtain the compensation you deserve for your injuries.</p>
<p>	In over thirty years of practice, Attorney Sebastian Gibson has obtained millions of dollars in settlements and multiple million dollar or larger settlements.  We handle auto accident cases on a contingency fee basis so there is no fee payable unless we win your case and obtain either a settlement, an arbitration, mediation, jury, judge or court award.</p>
<p>	Due to how insurance companies treat individuals without an attorney, a person injured in an auto accident will almost always receive a greater amount from a settlement, even after attorneys’ fees, if the case is handled from the start by an experienced and reputable personal injury lawyer. </p>
<p>	If you’ve been injured in an auto accident, call to speak with a lawyer at our offices for a free personal injury consultation by phone.  You can speak to Attorney Sebastian Gibson personally by phone or you can e-mail Sebastian Gibson at SgibsonEsq@aol.com<br />
Additionally, we invite you to visit the Sebastian Gibson law firm website at www.SebastianGibsonLaw.com  </p>
</div>]]></content:encoded>
</item>
<item>
<title><![CDATA[How Traffic Collision Reports Use California Vehicle Code Section 21661 And How Insurance Companies Interpret Them]]></title>
<link>http://blog.sebastiangibsonlaw.com/2009/12/02/how-traffic-collision-reports-use-california-vehicle-code-section-21661-and-how-insurance-companies-interpret-them/</link>
<pubDate>Wed, 02 Dec 2009 19:15:31 +0000</pubDate>
<dc:creator>sebastiangibson</dc:creator>
<guid>http://blog.sebastiangibsonlaw.com/2009/12/02/how-traffic-collision-reports-use-california-vehicle-code-section-21661-and-how-insurance-companies-interpret-them/</guid>
<description><![CDATA[In traffic collision reports, a violation of California Vehicle Code Section 21661 is one of the Veh]]></description>
<content:encoded><![CDATA[<div class='snap_preview'><p>In traffic collision reports, a violation of California Vehicle Code Section 21661 is one of the Vehicle Code Sections that can be cited as being the primary collision factor for an auto accident in California.  This is true whether the accident only caused injuries or if the accident was a fatal accident which caused one or more fatalities.  Although a traffic collision report is not evidence, insurance companies treat them as if they are.</p>
<p>	California Vehicle Code Section 21661 provides:</p>
<p>21661. Whenever upon any grade the width of the roadway is insufficient to permit the passing of vehicles approaching from opposite directions at the point of meeting, the driver of the vehicle descending the grade shall yield the right-of-way to the vehicle ascending the grade and shall, if necessary, back his vehicle to a place in the highway where it is possible for the vehicles to pass. </p>
<p>	When a Police or CHP Officer, or a Sheriff’s Deputy states in his or her report either that the primary collision factor in an auto accident was one party’s violation of a certain vehicle code section such as the one above, and that one of the parties is at fault for violating that code section, the Officer or Deputy is stating what he or she believes to be the underlying cause of the accident.  </p>
<p>	The reason insurance companies treat the collision reports as if they are admissible evidence is that they know if put on the witness stand, the investigating officer or deputy will almost always testify in a manner consistent with the conclusions in his or her report.  That testimony becomes evidence and will often sway a jury in their determination of fault for an accident.</p>
<p>	While an investigating officer’s job is to determine if there was a violation of the law and not to determine who should be at fault in a civil dispute such as a car accident claim, insurance companies often view these two determinations as one and the same.  </p>
<p>	A police officer assigned to investigate the scene of an accident does not have the role that a trier of fact does in a courtroom.  The officer is not there to render a verdict and determine who is responsible for the damages.  Rather, the officer is there to determine if any laws were broken.   The officer makes such a determination based on his or her having seen the damage to the vehicles, and having spoken to the drivers and the witnesses when their memories are freshest.  He or she is thus often in a position to make a well-educated determination of who caused the accident.</p>
<p>	Unfortunately, despite the experience of most investigating officers who are dispatched to the scene of an accident, sometimes mistakes are made by these officers.  Quite often one or both parties to an accident will lie to them and an officer or deputy will not always be able to determine which of the parties is telling the truth.  The evidence from the scene, while important, may also be misleading as to what actually occurred to cause the accident.</p>
<p>	If you’ve been injured in an auto, truck, motorcycle, bike, pedestrian or car accident, or if you’ve lost a loved one in a wrongful death vehicle accident, call our offices for a free personal injury consultation by phone.  You can also e-mail Attorney Sebastian Gibson at SgibsonEsq@aol.com  Additionally, we invite you to visit the Sebastian Gibson law firm website for more information at www.SebastianGibsonLaw.com </p>
<p>	Sometimes an Officer or Deputy cannot determine with any degree of certainty which party was at fault and will cite two possible Vehicle Code Sections, one for each party in a two-party collision, that may have been violated.  In that case, the Police or CHP Officer or Deputy will often state that the primary collision factor is unknown.</p>
<p>	Even if there are witnesses to an accident, the Officer of Deputy may discount the statements of some or all of the witnesses if they were friends or relatives of one of the drivers.</p>
<p>	Although, as stated above, the conclusion of fault by an officer or deputy does not carry the same weight as a determination of fault by a judge or jury, the importance of the citation of this or any other California code section in the police report is that insurance companies treat the conclusions in these traffic collision reports in a great majority of cases as if the conclusions were written in stone and evaluate a party’s claim based on the findings of fault in these reports.</p>
<p>	A traffic collision report may be amended by the police department or the CHP where it contains obvious mistakes, such as when the officer or deputy has mixed up the names of the parties.  Supplemental reports are sometimes written when new evidence comes to light, such as when a hit and run party is located.  But for the most part, most police departments, Sheriff’s offices and the California Highway Patrol will not amend a report when a party complains and states why he or she doesn’t feel they should have been found at fault for a collision.  They will, however, in most cases allow a person to fill out a Counter Report, which, unfortunately simply does not carry much weight with an insurance company.</p>
<p>	If the Primary Collision Factor for an accident is unknown, one should look on the traffic collision report to see if the Police or California Highway Patrol Officer or Sheriff’s Deputy cited any “Other Associated Factors” in the traffic collision report as having had a role to play in causing the collision.  There may have been faulty equipment, as with some truck accidents, or the roadway itself may have been dangerous.</p>
<p>	If you’ve been injured in an auto accident in California that has been determined by the investigating Police or CHP Officer or a Sheriff’s Deputy to be the fault of another driver as a result of his or her violation of Vehicle Code Section 21661, call the Law Offices of Sebastian Gibson as soon after an accident as possible before important evidence disappears, such as skid marks that are washed away with the rain.</p>
<p>	At the Law Firm of Sebastian Gibson, we specialize in California auto accidents caused by violations of the California Vehicle Code, such as this section 21661, and will represent you to obtain the compensation you deserve for your injuries.</p>
<p>	In over thirty years of practice, Attorney Sebastian Gibson has obtained millions of dollars in settlements and multiple million dollar or larger settlements.  We handle auto accident cases on a contingency fee basis so there is no fee payable unless we win your case and obtain either a settlement, an arbitration, mediation, jury, judge or court award.</p>
<p>	Due to how insurance companies treat individuals without an attorney, a person injured in an auto accident will almost always receive a greater amount from a settlement, even after attorneys’ fees, if the case is handled from the start by an experienced and reputable personal injury lawyer. </p>
<p>	If you’ve been injured in an auto accident, call to speak with a lawyer at our offices for a free personal injury consultation by phone.  You can speak to Attorney Sebastian Gibson personally by phone or you can e-mail Sebastian Gibson at SgibsonEsq@aol.com<br />
Additionally, we invite you to visit the Sebastian Gibson law firm website at www.SebastianGibsonLaw.com  </p>
</div>]]></content:encoded>
</item>
<item>
<title><![CDATA[How Traffic Collision Reports Use California Vehicle Code Section 21660 And How Insurance Companies Interpret Them]]></title>
<link>http://blog.sebastiangibsonlaw.com/2009/12/02/how-traffic-collision-reports-use-california-vehicle-code-section-21660-and-how-insurance-companies-interpret-them/</link>
<pubDate>Wed, 02 Dec 2009 19:13:34 +0000</pubDate>
<dc:creator>sebastiangibson</dc:creator>
<guid>http://blog.sebastiangibsonlaw.com/2009/12/02/how-traffic-collision-reports-use-california-vehicle-code-section-21660-and-how-insurance-companies-interpret-them/</guid>
<description><![CDATA[In traffic collision reports, a violation of California Vehicle Code Section 21660 is one of the Veh]]></description>
<content:encoded><![CDATA[<div class='snap_preview'><p>In traffic collision reports, a violation of California Vehicle Code Section 21660 is one of the Vehicle Code Sections that can be cited as being the primary collision factor for an auto accident in California.  This is true whether the accident only caused injuries or if the accident was a fatal accident which caused one or more fatalities.  Although a traffic collision report is not evidence, insurance companies treat them as if they are.</p>
<p>	California Vehicle Code Section 21660 provides:</p>
<p>21660. Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and, except when a roadway has been divided into traffic lanes, each driver shall give to the other at least one-half of the main traveled portion of the roadway whenever possible.</p>
<p>	When a Police or CHP Officer, or a Sheriff’s Deputy states in his or her report either that the primary collision factor in an auto accident was one party’s violation of a certain vehicle code section such as the one above, and that one of the parties is at fault for violating that code section, the Officer or Deputy is stating what he or she believes to be the underlying cause of the accident.  </p>
<p>	The reason insurance companies treat the collision reports as if they are admissible evidence is that they know if put on the witness stand, the investigating officer or deputy will almost always testify in a manner consistent with the conclusions in his or her report.  That testimony becomes evidence and will often sway a jury in their determination of fault for an accident.</p>
<p>	While an investigating officer’s job is to determine if there was a violation of the law and not to determine who should be at fault in a civil dispute such as a car accident claim, insurance companies often view these two determinations as one and the same.  </p>
<p>	A police officer assigned to investigate the scene of an accident does not have the role that a trier of fact does in a courtroom.  The officer is not there to render a verdict and determine who is responsible for the damages.  Rather, the officer is there to determine if any laws were broken.   The officer makes such a determination based on his or her having seen the damage to the vehicles, and having spoken to the drivers and the witnesses when their memories are freshest.  He or she is thus often in a position to make a well-educated determination of who caused the accident.</p>
<p>	Unfortunately, despite the experience of most investigating officers who are dispatched to the scene of an accident, sometimes mistakes are made by these officers.  Quite often one or both parties to an accident will lie to them and an officer or deputy will not always be able to determine which of the parties is telling the truth.  The evidence from the scene, while important, may also be misleading as to what actually occurred to cause the accident.</p>
<p>	If you’ve been injured in an auto, truck, motorcycle, bike, pedestrian or car accident, or if you’ve lost a loved one in a wrongful death vehicle accident, call our offices for a free personal injury consultation by phone.  You can also e-mail Attorney Sebastian Gibson at SgibsonEsq@aol.com  Additionally, we invite you to visit the Sebastian Gibson law firm website for more information at www.SebastianGibsonLaw.com </p>
<p>	Sometimes an Officer or Deputy cannot determine with any degree of certainty which party was at fault and will cite two possible Vehicle Code Sections, one for each party in a two-party collision, that may have been violated.  In that case, the Police or CHP Officer or Deputy will often state that the primary collision factor is unknown.</p>
<p>	Even if there are witnesses to an accident, the Officer of Deputy may discount the statements of some or all of the witnesses if they were friends or relatives of one of the drivers.</p>
<p>	Although, as stated above, the conclusion of fault by an officer or deputy does not carry the same weight as a determination of fault by a judge or jury, the importance of the citation of this or any other California code section in the police report is that insurance companies treat the conclusions in these traffic collision reports in a great majority of cases as if the conclusions were written in stone and evaluate a party’s claim based on the findings of fault in these reports.</p>
<p>	A traffic collision report may be amended by the police department or the CHP where it contains obvious mistakes, such as when the officer or deputy has mixed up the names of the parties.  Supplemental reports are sometimes written when new evidence comes to light, such as when a hit and run party is located.  But for the most part, most police departments, Sheriff’s offices and the California Highway Patrol will not amend a report when a party complains and states why he or she doesn’t feel they should have been found at fault for a collision.  They will, however, in most cases allow a person to fill out a Counter Report, which, unfortunately simply does not carry much weight with an insurance company.</p>
<p>	If the Primary Collision Factor for an accident is unknown, one should look on the traffic collision report to see if the Police or California Highway Patrol Officer or Sheriff’s Deputy cited any “Other Associated Factors” in the traffic collision report as having had a role to play in causing the collision.  There may have been faulty equipment, as with some truck accidents, or the roadway itself may have been dangerous.</p>
<p>	If you’ve been injured in an auto accident in California that has been determined by the investigating Police or CHP Officer or a Sheriff’s Deputy to be the fault of another driver as a result of his or her violation of Vehicle Code Section 21660, call the Law Offices of Sebastian Gibson as soon after an accident as possible before important evidence disappears, such as skid marks that are washed away with the rain.</p>
<p>	At the Law Firm of Sebastian Gibson, we specialize in California auto accidents caused by violations of the California Vehicle Code, such as this section 21660, and will represent you to obtain the compensation you deserve for your injuries.</p>
<p>	In over thirty years of practice, Attorney Sebastian Gibson has obtained millions of dollars in settlements and multiple million dollar or larger settlements.  We handle auto accident cases on a contingency fee basis so there is no fee payable unless we win your case and obtain either a settlement, an arbitration, mediation, jury, judge or court award.</p>
<p>	Due to how insurance companies treat individuals without an attorney, a person injured in an auto accident will almost always receive a greater amount from a settlement, even after attorneys’ fees, if the case is handled from the start by an experienced and reputable personal injury lawyer. </p>
<p>	If you’ve been injured in an auto accident, call to speak with a lawyer at our offices for a free personal injury consultation by phone.  You can speak to Attorney Sebastian Gibson personally by phone or you can e-mail Sebastian Gibson at SgibsonEsq@aol.com<br />
Additionally, we invite you to visit the Sebastian Gibson law firm website at www.SebastianGibsonLaw.com  </p>
</div>]]></content:encoded>
</item>
<item>
<title><![CDATA[How Traffic Collision Reports Use California Vehicle Code Section 21659 And How Insurance Companies Interpret Them]]></title>
<link>http://blog.sebastiangibsonlaw.com/2009/12/02/how-traffic-collision-reports-use-california-vehicle-code-section-21659-and-how-insurance-companies-interpret-them/</link>
<pubDate>Wed, 02 Dec 2009 19:11:39 +0000</pubDate>
<dc:creator>sebastiangibson</dc:creator>
<guid>http://blog.sebastiangibsonlaw.com/2009/12/02/how-traffic-collision-reports-use-california-vehicle-code-section-21659-and-how-insurance-companies-interpret-them/</guid>
<description><![CDATA[In traffic collision reports, a violation of California Vehicle Code Section 21659 is one of the Veh]]></description>
<content:encoded><![CDATA[<div class='snap_preview'><p>In traffic collision reports, a violation of California Vehicle Code Section 21659 is one of the Vehicle Code Sections that can be cited as being the primary collision factor for an auto accident in California.  This is true whether the accident only caused injuries or if the accident was a fatal accident which caused one or more fatalities.  Although a traffic collision report is not evidence, insurance companies treat them as if they are.</p>
<p>	California Vehicle Code Section 21659 provides:</p>
<p>21659. Upon a roadway which is divided into three lanes a vehicle shall not be driven in the extreme left lane at any time, nor in the center lane except when overtaking and passing another vehicle where the roadway ahead is clearly visible and the center lane is clear of traffic within a safe distance, or in preparation for a left turn, or where the center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and is signposted to give notice of such allocation. This section does not apply upon a one-way roadway. </p>
<p>	When a Police or CHP Officer, or a Sheriff’s Deputy states in his or her report either that the primary collision factor in an auto accident was one party’s violation of a certain vehicle code section such as the one above, and that one of the parties is at fault for violating that code section, the Officer or Deputy is stating what he or she believes to be the underlying cause of the accident.  </p>
<p>	The reason insurance companies treat the collision reports as if they are admissible evidence is that they know if put on the witness stand, the investigating officer or deputy will almost always testify in a manner consistent with the conclusions in his or her report.  That testimony becomes evidence and will often sway a jury in their determination of fault for an accident.</p>
<p>	While an investigating officer’s job is to determine if there was a violation of the law and not to determine who should be at fault in a civil dispute such as a car accident claim, insurance companies often view these two determinations as one and the same.  </p>
<p>	A police officer assigned to investigate the scene of an accident does not have the role that a trier of fact does in a courtroom.  The officer is not there to render a verdict and determine who is responsible for the damages.  Rather, the officer is there to determine if any laws were broken.   The officer makes such a determination based on his or her having seen the damage to the vehicles, and having spoken to the drivers and the witnesses when their memories are freshest.  He or she is thus often in a position to make a well-educated determination of who caused the accident.</p>
<p>	Unfortunately, despite the experience of most investigating officers who are dispatched to the scene of an accident, sometimes mistakes are made by these officers.  Quite often one or both parties to an accident will lie to them and an officer or deputy will not always be able to determine which of the parties is telling the truth.  The evidence from the scene, while important, may also be misleading as to what actually occurred to cause the accident.</p>
<p>	If you’ve been injured in an auto, truck, motorcycle, bike, pedestrian or car accident, or if you’ve lost a loved one in a wrongful death vehicle accident, call our offices for a free personal injury consultation by phone.  You can also e-mail Attorney Sebastian Gibson at SgibsonEsq@aol.com  Additionally, we invite you to visit the Sebastian Gibson law firm website for more information at www.SebastianGibsonLaw.com </p>
<p>	Sometimes an Officer or Deputy cannot determine with any degree of certainty which party was at fault and will cite two possible Vehicle Code Sections, one for each party in a two-party collision, that may have been violated.  In that case, the Police or CHP Officer or Deputy will often state that the primary collision factor is unknown.</p>
<p>	Even if there are witnesses to an accident, the Officer of Deputy may discount the statements of some or all of the witnesses if they were friends or relatives of one of the drivers.</p>
<p>	Although, as stated above, the conclusion of fault by an officer or deputy does not carry the same weight as a determination of fault by a judge or jury, the importance of the citation of this or any other California code section in the police report is that insurance companies treat the conclusions in these traffic collision reports in a great majority of cases as if the conclusions were written in stone and evaluate a party’s claim based on the findings of fault in these reports.</p>
<p>	A traffic collision report may be amended by the police department or the CHP where it contains obvious mistakes, such as when the officer or deputy has mixed up the names of the parties.  Supplemental reports are sometimes written when new evidence comes to light, such as when a hit and run party is located.  But for the most part, most police departments, Sheriff’s offices and the California Highway Patrol will not amend a report when a party complains and states why he or she doesn’t feel they should have been found at fault for a collision.  They will, however, in most cases allow a person to fill out a Counter Report, which, unfortunately simply does not carry much weight with an insurance company.</p>
<p>	If the Primary Collision Factor for an accident is unknown, one should look on the traffic collision report to see if the Police or California Highway Patrol Officer or Sheriff’s Deputy cited any “Other Associated Factors” in the traffic collision report as having had a role to play in causing the collision.  There may have been faulty equipment, as with some truck accidents, or the roadway itself may have been dangerous.</p>
<p>	If you’ve been injured in an auto accident in California that has been determined by the investigating Police or CHP Officer or a Sheriff’s Deputy to be the fault of another driver as a result of his or her violation of Vehicle Code Section 21659, call the Law Offices of Sebastian Gibson as soon after an accident as possible before important evidence disappears, such as skid marks that are washed away with the rain.</p>
<p>	At the Law Firm of Sebastian Gibson, we specialize in California auto accidents caused by violations of the California Vehicle Code, such as this section 21659, and will represent you to obtain the compensation you deserve for your injuries.</p>
<p>	In over thirty years of practice, Attorney Sebastian Gibson has obtained millions of dollars in settlements and multiple million dollar or larger settlements.  We handle auto accident cases on a contingency fee basis so there is no fee payable unless we win your case and obtain either a settlement, an arbitration, mediation, jury, judge or court award.</p>
<p>	Due to how insurance companies treat individuals without an attorney, a person injured in an auto accident will almost always receive a greater amount from a settlement, even after attorneys’ fees, if the case is handled from the start by an experienced and reputable personal injury lawyer. </p>
<p>	If you’ve been injured in an auto accident, call to speak with a lawyer at our offices for a free personal injury consultation by phone.  You can speak to Attorney Sebastian Gibson personally by phone or you can e-mail Sebastian Gibson at SgibsonEsq@aol.com<br />
Additionally, we invite you to visit the Sebastian Gibson law firm website at www.SebastianGibsonLaw.com  </p>
</div>]]></content:encoded>
</item>
<item>
<title><![CDATA[How Traffic Collision Reports Use California Vehicle Code Section 21658 And How Insurance Companies Interpret Them]]></title>
<link>http://blog.sebastiangibsonlaw.com/2009/12/02/how-traffic-collision-reports-use-california-vehicle-code-section-21658-and-how-insurance-companies-interpret-them/</link>
<pubDate>Wed, 02 Dec 2009 19:08:47 +0000</pubDate>
<dc:creator>sebastiangibson</dc:creator>
<guid>http://blog.sebastiangibsonlaw.com/2009/12/02/how-traffic-collision-reports-use-california-vehicle-code-section-21658-and-how-insurance-companies-interpret-them/</guid>
<description><![CDATA[In traffic collision reports, a violation of California Vehicle Code Section 21658 is one of the Veh]]></description>
<content:encoded><![CDATA[<div class='snap_preview'><p>In traffic collision reports, a violation of California Vehicle Code Section 21658 is one of the Vehicle Code Sections that can be cited as being the primary collision factor for an auto accident in California.  This is true whether the accident only caused injuries or if the accident was a fatal accident which caused one or more fatalities.  Although a traffic collision report is not evidence, insurance companies treat them as if they are.</p>
<p>	California Vehicle Code Section 21658 provides:</p>
<p>21658. Whenever any roadway has been divided into two or more clearly marked lanes for traffic in one direction, the following rules apply: (a) A vehicle shall be driven as nearly as practical entirely within a single lane and shall not be moved from the lane until such movement can be made with reasonable safety. (b) Official signs may be erected directing slow-moving traffic to use a designated lane or allocating specified lanes to traffic moving in the same direction, and drivers of vehicles shall obey the directions of the traffic device. </p>
<p>	When a Police or CHP Officer, or a Sheriff’s Deputy states in his or her report either that the primary collision factor in an auto accident was one party’s violation of a certain vehicle code section such as the one above, and that one of the parties is at fault for violating that code section, the Officer or Deputy is stating what he or she believes to be the underlying cause of the accident.  </p>
<p>	The reason insurance companies treat the collision reports as if they are admissible evidence is that they know if put on the witness stand, the investigating officer or deputy will almost always testify in a manner consistent with the conclusions in his or her report.  That testimony becomes evidence and will often sway a jury in their determination of fault for an accident.</p>
<p>	While an investigating officer’s job is to determine if there was a violation of the law and not to determine who should be at fault in a civil dispute such as a car accident claim, insurance companies often view these two determinations as one and the same.  </p>
<p>	A police officer assigned to investigate the scene of an accident does not have the role that a trier of fact does in a courtroom.  The officer is not there to render a verdict and determine who is responsible for the damages.  Rather, the officer is there to determine if any laws were broken.   The officer makes such a determination based on his or her having seen the damage to the vehicles, and having spoken to the drivers and the witnesses when their memories are freshest.  He or she is thus often in a position to make a well-educated determination of who caused the accident.</p>
<p>	Unfortunately, despite the experience of most investigating officers who are dispatched to the scene of an accident, sometimes mistakes are made by these officers.  Quite often one or both parties to an accident will lie to them and an officer or deputy will not always be able to determine which of the parties is telling the truth.  The evidence from the scene, while important, may also be misleading as to what actually occurred to cause the accident.</p>
<p>	If you’ve been injured in an auto, truck, motorcycle, bike, pedestrian or car accident, or if you’ve lost a loved one in a wrongful death vehicle accident, call our offices for a free personal injury consultation by phone.  You can also e-mail Attorney Sebastian Gibson at SgibsonEsq@aol.com  Additionally, we invite you to visit the Sebastian Gibson law firm website for more information at www.SebastianGibsonLaw.com </p>
<p>	Sometimes an Officer or Deputy cannot determine with any degree of certainty which party was at fault and will cite two possible Vehicle Code Sections, one for each party in a two-party collision, that may have been violated.  In that case, the Police or CHP Officer or Deputy will often state that the primary collision factor is unknown.</p>
<p>	Even if there are witnesses to an accident, the Officer of Deputy may discount the statements of some or all of the witnesses if they were friends or relatives of one of the drivers.</p>
<p>	Although, as stated above, the conclusion of fault by an officer or deputy does not carry the same weight as a determination of fault by a judge or jury, the importance of the citation of this or any other California code section in the police report is that insurance companies treat the conclusions in these traffic collision reports in a great majority of cases as if the conclusions were written in stone and evaluate a party’s claim based on the findings of fault in these reports.</p>
<p>	A traffic collision report may be amended by the police department or the CHP where it contains obvious mistakes, such as when the officer or deputy has mixed up the names of the parties.  Supplemental reports are sometimes written when new evidence comes to light, such as when a hit and run party is located.  But for the most part, most police departments, Sheriff’s offices and the California Highway Patrol will not amend a report when a party complains and states why he or she doesn’t feel they should have been found at fault for a collision.  They will, however, in most cases allow a person to fill out a Counter Report, which, unfortunately simply does not carry much weight with an insurance company.</p>
<p>	If the Primary Collision Factor for an accident is unknown, one should look on the traffic collision report to see if the Police or California Highway Patrol Officer or Sheriff’s Deputy cited any “Other Associated Factors” in the traffic collision report as having had a role to play in causing the collision.  There may have been faulty equipment, as with some truck accidents, or the roadway itself may have been dangerous.</p>
<p>	If you’ve been injured in an auto accident in California that has been determined by the investigating Police or CHP Officer or a Sheriff’s Deputy to be the fault of another driver as a result of his or her violation of Vehicle Code Section 21658, call the Law Offices of Sebastian Gibson as soon after an accident as possible before important evidence disappears, such as skid marks that are washed away with the rain.</p>
<p>	At the Law Firm of Sebastian Gibson, we specialize in California auto accidents caused by violations of the California Vehicle Code, such as this section 21658, and will represent you to obtain the compensation you deserve for your injuries.</p>
<p>	In over thirty years of practice, Attorney Sebastian Gibson has obtained millions of dollars in settlements and multiple million dollar or larger settlements.  We handle auto accident cases on a contingency fee basis so there is no fee payable unless we win your case and obtain either a settlement, an arbitration, mediation, jury, judge or court award.</p>
<p>	Due to how insurance companies treat individuals without an attorney, a person injured in an auto accident will almost always receive a greater amount from a settlement, even after attorneys’ fees, if the case is handled from the start by an experienced and reputable personal injury lawyer. </p>
<p>	If you’ve been injured in an auto accident, call to speak with a lawyer at our offices for a free personal injury consultation by phone.  You can speak to Attorney Sebastian Gibson personally by phone or you can e-mail Sebastian Gibson at SgibsonEsq@aol.com<br />
Additionally, we invite you to visit the Sebastian Gibson law firm website at www.SebastianGibsonLaw.com  </p>
</div>]]></content:encoded>
</item>
<item>
<title><![CDATA[How Traffic Collision Reports Use California Vehicle Code Section 21657 And How Insurance Companies Interpret Them]]></title>
<link>http://blog.sebastiangibsonlaw.com/2009/12/02/how-traffic-collision-reports-use-california-vehicle-code-section-21657-and-how-insurance-companies-interpret-them/</link>
<pubDate>Wed, 02 Dec 2009 19:06:50 +0000</pubDate>
<dc:creator>sebastiangibson</dc:creator>
<guid>http://blog.sebastiangibsonlaw.com/2009/12/02/how-traffic-collision-reports-use-california-vehicle-code-section-21657-and-how-insurance-companies-interpret-them/</guid>
<description><![CDATA[In traffic collision reports, a violation of California Vehicle Code Section 21657 is one of the Veh]]></description>
<content:encoded><![CDATA[<div class='snap_preview'><p>In traffic collision reports, a violation of California Vehicle Code Section 21657 is one of the Vehicle Code Sections that can be cited as being the primary collision factor for an auto accident in California.  This is true whether the accident only caused injuries or if the accident was a fatal accident which caused one or more fatalities.  Although a traffic collision report is not evidence, insurance companies treat them as if they are.</p>
<p>	California Vehicle Code Section 21657 provides:</p>
<p>21657. The authorities in charge of any highway may designate any highway, roadway, part of a roadway, or specific lanes upon which vehicular traffic shall proceed in one direction at all or such times as shall be indicated by official traffic control devices. When a roadway has been so designated, a vehicle shall be driven only in the direction designated at all or such times as shall be indicated by traffic control devices. </p>
<p>	When a Police or CHP Officer, or a Sheriff’s Deputy states in his or her report either that the primary collision factor in an auto accident was one party’s violation of a certain vehicle code section such as the one above, and that one of the parties is at fault for violating that code section, the Officer or Deputy is stating what he or she believes to be the underlying cause of the accident.  </p>
<p>	The reason insurance companies treat the collision reports as if they are admissible evidence is that they know if put on the witness stand, the investigating officer or deputy will almost always testify in a manner consistent with the conclusions in his or her report.  That testimony becomes evidence and will often sway a jury in their determination of fault for an accident.</p>
<p>	While an investigating officer’s job is to determine if there was a violation of the law and not to determine who should be at fault in a civil dispute such as a car accident claim, insurance companies often view these two determinations as one and the same.  </p>
<p>	A police officer assigned to investigate the scene of an accident does not have the role that a trier of fact does in a courtroom.  The officer is not there to render a verdict and determine who is responsible for the damages.  Rather, the officer is there to determine if any laws were broken.   The officer makes such a determination based on his or her having seen the damage to the vehicles, and having spoken to the drivers and the witnesses when their memories are freshest.  He or she is thus often in a position to make a well-educated determination of who caused the accident.</p>
<p>	Unfortunately, despite the experience of most investigating officers who are dispatched to the scene of an accident, sometimes mistakes are made by these officers.  Quite often one or both parties to an accident will lie to them and an officer or deputy will not always be able to determine which of the parties is telling the truth.  The evidence from the scene, while important, may also be misleading as to what actually occurred to cause the accident.</p>
<p>	If you’ve been injured in an auto, truck, motorcycle, bike, pedestrian or car accident, or if you’ve lost a loved one in a wrongful death vehicle accident, call our offices for a free personal injury consultation by phone.  You can also e-mail Attorney Sebastian Gibson at SgibsonEsq@aol.com  Additionally, we invite you to visit the Sebastian Gibson law firm website for more information at www.SebastianGibsonLaw.com </p>
<p>	Sometimes an Officer or Deputy cannot determine with any degree of certainty which party was at fault and will cite two possible Vehicle Code Sections, one for each party in a two-party collision, that may have been violated.  In that case, the Police or CHP Officer or Deputy will often state that the primary collision factor is unknown.</p>
<p>	Even if there are witnesses to an accident, the Officer of Deputy may discount the statements of some or all of the witnesses if they were friends or relatives of one of the drivers.</p>
<p>	Although, as stated above, the conclusion of fault by an officer or deputy does not carry the same weight as a determination of fault by a judge or jury, the importance of the citation of this or any other California code section in the police report is that insurance companies treat the conclusions in these traffic collision reports in a great majority of cases as if the conclusions were written in stone and evaluate a party’s claim based on the findings of fault in these reports.</p>
<p>	A traffic collision report may be amended by the police department or the CHP where it contains obvious mistakes, such as when the officer or deputy has mixed up the names of the parties.  Supplemental reports are sometimes written when new evidence comes to light, such as when a hit and run party is located.  But for the most part, most police departments, Sheriff’s offices and the California Highway Patrol will not amend a report when a party complains and states why he or she doesn’t feel they should have been found at fault for a collision.  They will, however, in most cases allow a person to fill out a Counter Report, which, unfortunately simply does not carry much weight with an insurance company.</p>
<p>	If the Primary Collision Factor for an accident is unknown, one should look on the traffic collision report to see if the Police or California Highway Patrol Officer or Sheriff’s Deputy cited any “Other Associated Factors” in the traffic collision report as having had a role to play in causing the collision.  There may have been faulty equipment, as with some truck accidents, or the roadway itself may have been dangerous.</p>
<p>	If you’ve been injured in an auto accident in California that has been determined by the investigating Police or CHP Officer or a Sheriff’s Deputy to be the fault of another driver as a result of his or her violation of Vehicle Code Section 21657, call the Law Offices of Sebastian Gibson as soon after an accident as possible before important evidence disappears, such as skid marks that are washed away with the rain.</p>
<p>	At the Law Firm of Sebastian Gibson, we specialize in California auto accidents caused by violations of the California Vehicle Code, such as this section 21657, and will represent you to obtain the compensation you deserve for your injuries.</p>
<p>	In over thirty years of practice, Attorney Sebastian Gibson has obtained millions of dollars in settlements and multiple million dollar or larger settlements.  We handle auto accident cases on a contingency fee basis so there is no fee payable unless we win your case and obtain either a settlement, an arbitration, mediation, jury, judge or court award.</p>
<p>	Due to how insurance companies treat individuals without an attorney, a person injured in an auto accident will almost always receive a greater amount from a settlement, even after attorneys’ fees, if the case is handled from the start by an experienced and reputable personal injury lawyer. </p>
<p>	If you’ve been injured in an auto accident, call to speak with a lawyer at our offices for a free personal injury consultation by phone.  You can speak to Attorney Sebastian Gibson personally by phone or you can e-mail Sebastian Gibson at SgibsonEsq@aol.com<br />
Additionally, we invite you to visit the Sebastian Gibson law firm website at www.SebastianGibsonLaw.com  </p>
</div>]]></content:encoded>
</item>
<item>
<title><![CDATA[How Traffic Collision Reports Use California Vehicle Code Section 21656 And How Insurance Companies Interpret Them]]></title>
<link>http://blog.sebastiangibsonlaw.com/2009/12/02/how-traffic-collision-reports-use-california-vehicle-code-section-21656-and-how-insurance-companies-interpret-them/</link>
<pubDate>Wed, 02 Dec 2009 19:04:56 +0000</pubDate>
<dc:creator>sebastiangibson</dc:creator>
<guid>http://blog.sebastiangibsonlaw.com/2009/12/02/how-traffic-collision-reports-use-california-vehicle-code-section-21656-and-how-insurance-companies-interpret-them/</guid>
<description><![CDATA[In traffic collision reports, a violation of California Vehicle Code Section 21656 is one of the Veh]]></description>
<content:encoded><![CDATA[<div class='snap_preview'><p>In traffic collision reports, a violation of California Vehicle Code Section 21656 is one of the Vehicle Code Sections that can be cited as being the primary collision factor for an auto accident in California.  This is true whether the accident only caused injuries or if the accident was a fatal accident which caused one or more fatalities.  Although a traffic collision report is not evidence, insurance companies treat them as if they are.</p>
<p>	California Vehicle Code Section 21656 provides:</p>
<p>21656. On a two-lane highway where passing is unsafe because of traffic in the opposite direction or other conditions, a slow-moving vehicle, including a passenger vehicle, behind which five or more vehicles are formed in line, shall turn off the roadway at the nearest place designated as a turnout by signs erected by the authority having jurisdiction over the highway, or wherever sufficient area for a safe turnout exists, in order to permit the vehicles following it to proceed. As used in this section a slow-moving vehicle is one which is proceeding at a rate of speed less than the normal flow of traffic at the particular time and place. </p>
<p>	When a Police or CHP Officer, or a Sheriff’s Deputy states in his or her report either that the primary collision factor in an auto accident was one party’s violation of a certain vehicle code section such as the one above, and that one of the parties is at fault for violating that code section, the Officer or Deputy is stating what he or she believes to be the underlying cause of the accident.  </p>
<p>	The reason insurance companies treat the collision reports as if they are admissible evidence is that they know if put on the witness stand, the investigating officer or deputy will almost always testify in a manner consistent with the conclusions in his or her report.  That testimony becomes evidence and will often sway a jury in their determination of fault for an accident.</p>
<p>	While an investigating officer’s job is to determine if there was a violation of the law and not to determine who should be at fault in a civil dispute such as a car accident claim, insurance companies often view these two determinations as one and the same.  </p>
<p>	A police officer assigned to investigate the scene of an accident does not have the role that a trier of fact does in a courtroom.  The officer is not there to render a verdict and determine who is responsible for the damages.  Rather, the officer is there to determine if any laws were broken.   The officer makes such a determination based on his or her having seen the damage to the vehicles, and having spoken to the drivers and the witnesses when their memories are freshest.  He or she is thus often in a position to make a well-educated determination of who caused the accident.</p>
<p>	Unfortunately, despite the experience of most investigating officers who are dispatched to the scene of an accident, sometimes mistakes are made by these officers.  Quite often one or both parties to an accident will lie to them and an officer or deputy will not always be able to determine which of the parties is telling the truth.  The evidence from the scene, while important, may also be misleading as to what actually occurred to cause the accident.</p>
<p>	If you’ve been injured in an auto, truck, motorcycle, bike, pedestrian or car accident, or if you’ve lost a loved one in a wrongful death vehicle accident, call our offices for a free personal injury consultation by phone.  You can also e-mail Attorney Sebastian Gibson at SgibsonEsq@aol.com  Additionally, we invite you to visit the Sebastian Gibson law firm website for more information at www.SebastianGibsonLaw.com </p>
<p>	Sometimes an Officer or Deputy cannot determine with any degree of certainty which party was at fault and will cite two possible Vehicle Code Sections, one for each party in a two-party collision, that may have been violated.  In that case, the Police or CHP Officer or Deputy will often state that the primary collision factor is unknown.</p>
<p>	Even if there are witnesses to an accident, the Officer of Deputy may discount the statements of some or all of the witnesses if they were friends or relatives of one of the drivers.</p>
<p>	Although, as stated above, the conclusion of fault by an officer or deputy does not carry the same weight as a determination of fault by a judge or jury, the importance of the citation of this or any other California code section in the police report is that insurance companies treat the conclusions in these traffic collision reports in a great majority of cases as if the conclusions were written in stone and evaluate a party’s claim based on the findings of fault in these reports.</p>
<p>	A traffic collision report may be amended by the police department or the CHP where it contains obvious mistakes, such as when the officer or deputy has mixed up the names of the parties.  Supplemental reports are sometimes written when new evidence comes to light, such as when a hit and run party is located.  But for the most part, most police departments, Sheriff’s offices and the California Highway Patrol will not amend a report when a party complains and states why he or she doesn’t feel they should have been found at fault for a collision.  They will, however, in most cases allow a person to fill out a Counter Report, which, unfortunately simply does not carry much weight with an insurance company.</p>
<p>	If the Primary Collision Factor for an accident is unknown, one should look on the traffic collision report to see if the Police or California Highway Patrol Officer or Sheriff’s Deputy cited any “Other Associated Factors” in the traffic collision report as having had a role to play in causing the collision.  There may have been faulty equipment, as with some truck accidents, or the roadway itself may have been dangerous.</p>
<p>	If you’ve been injured in an auto accident in California that has been determined by the investigating Police or CHP Officer or a Sheriff’s Deputy to be the fault of another driver as a result of his or her violation of Vehicle Code Section 21656, call the Law Offices of Sebastian Gibson as soon after an accident as possible before important evidence disappears, such as skid marks that are washed away with the rain.</p>
<p>	At the Law Firm of Sebastian Gibson, we specialize in California auto accidents caused by violations of the California Vehicle Code, such as this section 21656, and will represent you to obtain the compensation you deserve for your injuries.</p>
<p>	In over thirty years of practice, Attorney Sebastian Gibson has obtained millions of dollars in settlements and multiple million dollar or larger settlements.  We handle auto accident cases on a contingency fee basis so there is no fee payable unless we win your case and obtain either a settlement, an arbitration, mediation, jury, judge or court award.</p>
<p>	Due to how insurance companies treat individuals without an attorney, a person injured in an auto accident will almost always receive a greater amount from a settlement, even after attorneys’ fees, if the case is handled from the start by an experienced and reputable personal injury lawyer. </p>
<p>	If you’ve been injured in an auto accident, call to speak with a lawyer at our offices for a free personal injury consultation by phone.  You can speak to Attorney Sebastian Gibson personally by phone or you can e-mail Sebastian Gibson at SgibsonEsq@aol.com<br />
Additionally, we invite you to visit the Sebastian Gibson law firm website at www.SebastianGibsonLaw.com  </p>
</div>]]></content:encoded>
</item>
<item>
<title><![CDATA[How Traffic Collision Reports Use California Vehicle Code Section 21655.8 And How Insurance Companies Interpret Them]]></title>
<link>http://blog.sebastiangibsonlaw.com/2009/12/02/how-traffic-collision-reports-use-california-vehicle-code-section-21655-8-and-how-insurance-companies-interpret-them/</link>
<pubDate>Wed, 02 Dec 2009 19:02:43 +0000</pubDate>
<dc:creator>sebastiangibson</dc:creator>
<guid>http://blog.sebastiangibsonlaw.com/2009/12/02/how-traffic-collision-reports-use-california-vehicle-code-section-21655-8-and-how-insurance-companies-interpret-them/</guid>
<description><![CDATA[In traffic collision reports, a violation of California Vehicle Code Section 21655.8 is one of the V]]></description>
<content:encoded><![CDATA[<div class='snap_preview'><p>In traffic collision reports, a violation of California Vehicle Code Section 21655.8 is one of the Vehicle Code Sections that can be cited as being the primary collision factor for an auto accident in California.  This is true whether the accident only caused injuries or if the accident was a fatal accident which caused one or more fatalities.  Although a traffic collision report is not evidence, insurance companies treat them as if they are.</p>
<p>	California Vehicle Code Section 21655.8 provides:</p>
<p>21655.8. (a) Except as required under subdivision (b), when exclusive or preferential use lanes for high-occupancy vehicles are established pursuant to Section 21655.5 and double parallel solid lines are in place to the right thereof, no person driving a vehicle may cross over these double lines to enter into or exit from the exclusive or preferential use lanes, and entrance or exit may be made only in areas designated for these purposes or where a single broken line is in place to the right of the exclusive or preferential use lanes. (b) Upon the approach of an authorized emergency vehicle displaying a red light or siren, as specified in Section 21806, a person driving a vehicle in an exclusive or preferential use lane shall exit that lane immediately upon determining that the exit can be accomplished with reasonable safety. (c) Raised pavement markers may be used to simulate painted lines described in this section. </p>
<p>	When a Police or CHP Officer, or a Sheriff’s Deputy states in his or her report either that the primary collision factor in an auto accident was one party’s violation of a certain vehicle code section such as the one above, and that one of the parties is at fault for violating that code section, the Officer or Deputy is stating what he or she believes to be the underlying cause of the accident.  </p>
<p>	The reason insurance companies treat the collision reports as if they are admissible evidence is that they know if put on the witness stand, the investigating officer or deputy will almost always testify in a manner consistent with the conclusions in his or her report.  That testimony becomes evidence and will often sway a jury in their determination of fault for an accident.</p>
<p>	While an investigating officer’s job is to determine if there was a violation of the law and not to determine who should be at fault in a civil dispute such as a car accident claim, insurance companies often view these two determinations as one and the same.  </p>
<p>	A police officer assigned to investigate the scene of an accident does not have the role that a trier of fact does in a courtroom.  The officer is not there to render a verdict and determine who is responsible for the damages.  Rather, the officer is there to determine if any laws were broken.   The officer makes such a determination based on his or her having seen the damage to the vehicles, and having spoken to the drivers and the witnesses when their memories are freshest.  He or she is thus often in a position to make a well-educated determination of who caused the accident.</p>
<p>	Unfortunately, despite the experience of most investigating officers who are dispatched to the scene of an accident, sometimes mistakes are made by these officers.  Quite often one or both parties to an accident will lie to them and an officer or deputy will not always be able to determine which of the parties is telling the truth.  The evidence from the scene, while important, may also be misleading as to what actually occurred to cause the accident.</p>
<p>	If you’ve been injured in an auto, truck, motorcycle, bike, pedestrian or car accident, or if you’ve lost a loved one in a wrongful death vehicle accident, call our offices for a free personal injury consultation by phone.  You can also e-mail Attorney Sebastian Gibson at SgibsonEsq@aol.com  Additionally, we invite you to visit the Sebastian Gibson law firm website for more information at www.SebastianGibsonLaw.com </p>
<p>	Sometimes an Officer or Deputy cannot determine with any degree of certainty which party was at fault and will cite two possible Vehicle Code Sections, one for each party in a two-party collision, that may have been violated.  In that case, the Police or CHP Officer or Deputy will often state that the primary collision factor is unknown.</p>
<p>	Even if there are witnesses to an accident, the Officer of Deputy may discount the statements of some or all of the witnesses if they were friends or relatives of one of the drivers.</p>
<p>	Although, as stated above, the conclusion of fault by an officer or deputy does not carry the same weight as a determination of fault by a judge or jury, the importance of the citation of this or any other California code section in the police report is that insurance companies treat the conclusions in these traffic collision reports in a great majority of cases as if the conclusions were written in stone and evaluate a party’s claim based on the findings of fault in these reports.</p>
<p>	A traffic collision report may be amended by the police department or the CHP where it contains obvious mistakes, such as when the officer or deputy has mixed up the names of the parties.  Supplemental reports are sometimes written when new evidence comes to light, such as when a hit and run party is located.  But for the most part, most police departments, Sheriff’s offices and the California Highway Patrol will not amend a report when a party complains and states why he or she doesn’t feel they should have been found at fault for a collision.  They will, however, in most cases allow a person to fill out a Counter Report, which, unfortunately simply does not carry much weight with an insurance company.</p>
<p>	If the Primary Collision Factor for an accident is unknown, one should look on the traffic collision report to see if the Police or California Highway Patrol Officer or Sheriff’s Deputy cited any “Other Associated Factors” in the traffic collision report as having had a role to play in causing the collision.  There may have been faulty equipment, as with some truck accidents, or the roadway itself may have been dangerous.</p>
<p>	If you’ve been injured in an auto accident in California that has been determined by the investigating Police or CHP Officer or a Sheriff’s Deputy to be the fault of another driver as a result of his or her violation of Vehicle Code Section 21655.8, call the Law Offices of Sebastian Gibson as soon after an accident as possible before important evidence disappears, such as skid marks that are washed away with the rain.</p>
<p>	At the Law Firm of Sebastian Gibson, we specialize in California auto accidents caused by violations of the California Vehicle Code, such as this section 21655.8, and will represent you to obtain the compensation you deserve for your injuries.</p>
<p>	In over thirty years of practice, Attorney Sebastian Gibson has obtained millions of dollars in settlements and multiple million dollar or larger settlements.  We handle auto accident cases on a contingency fee basis so there is no fee payable unless we win your case and obtain either a settlement, an arbitration, mediation, jury, judge or court award.</p>
<p>	Due to how insurance companies treat individuals without an attorney, a person injured in an auto accident will almost always receive a greater amount from a settlement, even after attorneys’ fees, if the case is handled from the start by an experienced and reputable personal injury lawyer. </p>
<p>	If you’ve been injured in an auto accident, call to speak with a lawyer at our offices for a free personal injury consultation by phone.  You can speak to Attorney Sebastian Gibson personally by phone or you can e-mail Sebastian Gibson at SgibsonEsq@aol.com<br />
Additionally, we invite you to visit the Sebastian Gibson law firm website at www.SebastianGibsonLaw.com  </p>
</div>]]></content:encoded>
</item>
<item>
<title><![CDATA[How Traffic Collision Reports Use California Vehicle Code Section 21655 And How Insurance Companies Interpret Them]]></title>
<link>http://blog.sebastiangibsonlaw.com/2009/12/02/how-traffic-collision-reports-use-california-vehicle-code-section-21655-and-how-insurance-companies-interpret-them/</link>
<pubDate>Wed, 02 Dec 2009 19:00:14 +0000</pubDate>
<dc:creator>sebastiangibson</dc:creator>
<guid>http://blog.sebastiangibsonlaw.com/2009/12/02/how-traffic-collision-reports-use-california-vehicle-code-section-21655-and-how-insurance-companies-interpret-them/</guid>
<description><![CDATA[In traffic collision reports, a violation of California Vehicle Code Section 21655 is one of the Veh]]></description>
<content:encoded><![CDATA[<div class='snap_preview'><p>In traffic collision reports, a violation of California Vehicle Code Section 21655 is one of the Vehicle Code Sections that can be cited as being the primary collision factor for an auto accident in California.  This is true whether the accident only caused injuries or if the accident was a fatal accident which caused one or more fatalities.  Although a traffic collision report is not evidence, insurance companies treat them as if they are.</p>
<p>	California Vehicle Code Section 21655 provides:</p>
<p>21655. (a) Whenever the Department of Transportation or local authorities with respect to highways under their respective jurisdictions determines upon the basis of an engineering and traffic investigation that the designation of a specific lane or lanes for the travel of vehicles required to travel at reduced speeds would facilitate the safe and orderly movement of traffic, the department or local authority may designate a specific lane or lanes for the travel of vehicles which are subject to the provisions of Section 22406 and shall erect signs at reasonable intervals giving notice thereof. (b) Any trailer bus, except as provided in Section 21655.5, and any vehicle subject to the provisions of Section 22406 shall be driven in the lane or lanes designated pursuant to subdivision (a) whenever signs have been erected giving notice of that designation. Except as otherwise provided in this subdivision, when a specific lane or lanes have not been so designated, any of those vehicles shall be driven in the right-hand lane for traffic or as close as practicable to the right edge or curb. If, however, a specific lane or lanes have not been designated on a divided highway having four or more clearly marked lanes for traffic in one direction, any of those vehicles may also be driven in the lane to the immediate left of that right-hand lane, unless otherwise prohibited under this code. When overtaking and passing another vehicle proceeding in the same direction, the driver shall use either the designated lane, the lane to the immediate left of the right-hand lane, or the right-hand lane for traffic as permitted under this code. This subdivision does not apply to a driver who is preparing for a left- or right-hand turn or who is entering into or exiting from a highway or to a driver who must necessarily drive in a lane other than the right-hand lane to continue on his or her intended route. </p>
<p>	When a Police or CHP Officer, or a Sheriff’s Deputy states in his or her report either that the primary collision factor in an auto accident was one party’s violation of a certain vehicle code section such as the one above, and that one of the parties is at fault for violating that code section, the Officer or Deputy is stating what he or she believes to be the underlying cause of the accident.  </p>
<p>	The reason insurance companies treat the collision reports as if they are admissible evidence is that they know if put on the witness stand, the investigating officer or deputy will almost always testify in a manner consistent with the conclusions in his or her report.  That testimony becomes evidence and will often sway a jury in their determination of fault for an accident.</p>
<p>	While an investigating officer’s job is to determine if there was a violation of the law and not to determine who should be at fault in a civil dispute such as a car accident claim, insurance companies often view these two determinations as one and the same.  </p>
<p>	A police officer assigned to investigate the scene of an accident does not have the role that a trier of fact does in a courtroom.  The officer is not there to render a verdict and determine who is responsible for the damages.  Rather, the officer is there to determine if any laws were broken.   The officer makes such a determination based on his or her having seen the damage to the vehicles, and having spoken to the drivers and the witnesses when their memories are freshest.  He or she is thus often in a position to make a well-educated determination of who caused the accident.</p>
<p>	Unfortunately, despite the experience of most investigating officers who are dispatched to the scene of an accident, sometimes mistakes are made by these officers.  Quite often one or both parties to an accident will lie to them and an officer or deputy will not always be able to determine which of the parties is telling the truth.  The evidence from the scene, while important, may also be misleading as to what actually occurred to cause the accident.</p>
<p>	If you’ve been injured in an auto, truck, motorcycle, bike, pedestrian or car accident, or if you’ve lost a loved one in a wrongful death vehicle accident, call our offices for a free personal injury consultation by phone.  You can also e-mail Attorney Sebastian Gibson at SgibsonEsq@aol.com  Additionally, we invite you to visit the Sebastian Gibson law firm website for more information at www.SebastianGibsonLaw.com </p>
<p>	Sometimes an Officer or Deputy cannot determine with any degree of certainty which party was at fault and will cite two possible Vehicle Code Sections, one for each party in a two-party collision, that may have been violated.  In that case, the Police or CHP Officer or Deputy will often state that the primary collision factor is unknown.</p>
<p>	Even if there are witnesses to an accident, the Officer of Deputy may discount the statements of some or all of the witnesses if they were friends or relatives of one of the drivers.</p>
<p>	Although, as stated above, the conclusion of fault by an officer or deputy does not carry the same weight as a determination of fault by a judge or jury, the importance of the citation of this or any other California code section in the police report is that insurance companies treat the conclusions in these traffic collision reports in a great majority of cases as if the conclusions were written in stone and evaluate a party’s claim based on the findings of fault in these reports.</p>
<p>	A traffic collision report may be amended by the police department or the CHP where it contains obvious mistakes, such as when the officer or deputy has mixed up the names of the parties.  Supplemental reports are sometimes written when new evidence comes to light, such as when a hit and run party is located.  But for the most part, most police departments, Sheriff’s offices and the California Highway Patrol will not amend a report when a party complains and states why he or she doesn’t feel they should have been found at fault for a collision.  They will, however, in most cases allow a person to fill out a Counter Report, which, unfortunately simply does not carry much weight with an insurance company.</p>
<p>	If the Primary Collision Factor for an accident is unknown, one should look on the traffic collision report to see if the Police or California Highway Patrol Officer or Sheriff’s Deputy cited any “Other Associated Factors” in the traffic collision report as having had a role to play in causing the collision.  There may have been faulty equipment, as with some truck accidents, or the roadway itself may have been dangerous.</p>
<p>	If you’ve been injured in an auto accident in California that has been determined by the investigating Police or CHP Officer or a Sheriff’s Deputy to be the fault of another driver as a result of his or her violation of Vehicle Code Section 21655, call the Law Offices of Sebastian Gibson as soon after an accident as possible before important evidence disappears, such as skid marks that are washed away with the rain.</p>
<p>	At the Law Firm of Sebastian Gibson, we specialize in California auto accidents caused by violations of the California Vehicle Code, such as this section 21655, and will represent you to obtain the compensation you deserve for your injuries.</p>
<p>	In over thirty years of practice, Attorney Sebastian Gibson has obtained millions of dollars in settlements and multiple million dollar or larger settlements.  We handle auto accident cases on a contingency fee basis so there is no fee payable unless we win your case and obtain either a settlement, an arbitration, mediation, jury, judge or court award.</p>
<p>	Due to how insurance companies treat individuals without an attorney, a person injured in an auto accident will almost always receive a greater amount from a settlement, even after attorneys’ fees, if the case is handled from the start by an experienced and reputable personal injury lawyer. </p>
<p>	If you’ve been injured in an auto accident, call to speak with a lawyer at our offices for a free personal injury consultation by phone.  You can speak to Attorney Sebastian Gibson personally by phone or you can e-mail Sebastian Gibson at SgibsonEsq@aol.com<br />
Additionally, we invite you to visit the Sebastian Gibson law firm website at www.SebastianGibsonLaw.com  </p>
</div>]]></content:encoded>
</item>
<item>
<title><![CDATA[How Traffic Collision Reports Use California Vehicle Code Section 21654 And How Insurance Companies Interpret Them]]></title>
<link>http://blog.sebastiangibsonlaw.com/2009/12/02/how-traffic-collision-reports-use-california-vehicle-code-section-21654-and-how-insurance-companies-interpret-them/</link>
<pubDate>Wed, 02 Dec 2009 18:58:16 +0000</pubDate>
<dc:creator>sebastiangibson</dc:creator>
<guid>http://blog.sebastiangibsonlaw.com/2009/12/02/how-traffic-collision-reports-use-california-vehicle-code-section-21654-and-how-insurance-companies-interpret-them/</guid>
<description><![CDATA[In traffic collision reports, a violation of California Vehicle Code Section 21654 is one of the Veh]]></description>
<content:encoded><![CDATA[<div class='snap_preview'><p>In traffic collision reports, a violation of California Vehicle Code Section 21654 is one of the Vehicle Code Sections that can be cited as being the primary collision factor for an auto accident in California.  This is true whether the accident only caused injuries or if the accident was a fatal accident which caused one or more fatalities.  Although a traffic collision report is not evidence, insurance companies treat them as if they are.</p>
<p>	California Vehicle Code Section 21654 provides:</p>
<p>21654. (a) Notwithstanding the prima facie speed limits, any vehicle proceeding upon a highway at a speed less than the normal speed of traffic moving in the same direction at such time shall be driven in the right-hand lane for traffic or as close as practicable to the right-hand edge or curb, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway. (b) If a vehicle is being driven at a speed less than the normal speed of traffic moving in the same direction at such time, and is not being driven in the right-hand lane for traffic or as close as practicable to the right-hand edge or curb, it shall constitute prima facie evidence that the driver is operating the vehicle in violation of subdivision (a) of this section. (c) The Department of Transportation, with respect to state highways, and local authorities, with respect to highways under their jurisdiction, may place and maintain upon highways official signs directing slow-moving traffic to use the right-hand traffic lane except when overtaking and passing another vehicle or preparing for a left turn.</p>
<p>	When a Police or CHP Officer, or a Sheriff’s Deputy states in his or her report either that the primary collision factor in an auto accident was one party’s violation of a certain vehicle code section such as the one above, and that one of the parties is at fault for violating that code section, the Officer or Deputy is stating what he or she believes to be the underlying cause of the accident.  </p>
<p>	The reason insurance companies treat the collision reports as if they are admissible evidence is that they know if put on the witness stand, the investigating officer or deputy will almost always testify in a manner consistent with the conclusions in his or her report.  That testimony becomes evidence and will often sway a jury in their determination of fault for an accident.</p>
<p>	While an investigating officer’s job is to determine if there was a violation of the law and not to determine who should be at fault in a civil dispute such as a car accident claim, insurance companies often view these two determinations as one and the same.  </p>
<p>	A police officer assigned to investigate the scene of an accident does not have the role that a trier of fact does in a courtroom.  The officer is not there to render a verdict and determine who is responsible for the damages.  Rather, the officer is there to determine if any laws were broken.   The officer makes such a determination based on his or her having seen the damage to the vehicles, and having spoken to the drivers and the witnesses when their memories are freshest.  He or she is thus often in a position to make a well-educated determination of who caused the accident.</p>
<p>	Unfortunately, despite the experience of most investigating officers who are dispatched to the scene of an accident, sometimes mistakes are made by these officers.  Quite often one or both parties to an accident will lie to them and an officer or deputy will not always be able to determine which of the parties is telling the truth.  The evidence from the scene, while important, may also be misleading as to what actually occurred to cause the accident.</p>
<p>	If you’ve been injured in an auto, truck, motorcycle, bike, pedestrian or car accident, or if you’ve lost a loved one in a wrongful death vehicle accident, call our offices for a free personal injury consultation by phone.  You can also e-mail Attorney Sebastian Gibson at SgibsonEsq@aol.com  Additionally, we invite you to visit the Sebastian Gibson law firm website for more information at www.SebastianGibsonLaw.com </p>
<p>	Sometimes an Officer or Deputy cannot determine with any degree of certainty which party was at fault and will cite two possible Vehicle Code Sections, one for each party in a two-party collision, that may have been violated.  In that case, the Police or CHP Officer or Deputy will often state that the primary collision factor is unknown.</p>
<p>	Even if there are witnesses to an accident, the Officer of Deputy may discount the statements of some or all of the witnesses if they were friends or relatives of one of the drivers.</p>
<p>	Although, as stated above, the conclusion of fault by an officer or deputy does not carry the same weight as a determination of fault by a judge or jury, the importance of the citation of this or any other California code section in the police report is that insurance companies treat the conclusions in these traffic collision reports in a great majority of cases as if the conclusions were written in stone and evaluate a party’s claim based on the findings of fault in these reports.</p>
<p>	A traffic collision report may be amended by the police department or the CHP where it contains obvious mistakes, such as when the officer or deputy has mixed up the names of the parties.  Supplemental reports are sometimes written when new evidence comes to light, such as when a hit and run party is located.  But for the most part, most police departments, Sheriff’s offices and the California Highway Patrol will not amend a report when a party complains and states why he or she doesn’t feel they should have been found at fault for a collision.  They will, however, in most cases allow a person to fill out a Counter Report, which, unfortunately simply does not carry much weight with an insurance company.</p>
<p>	If the Primary Collision Factor for an accident is unknown, one should look on the traffic collision report to see if the Police or California Highway Patrol Officer or Sheriff’s Deputy cited any “Other Associated Factors” in the traffic collision report as having had a role to play in causing the collision.  There may have been faulty equipment, as with some truck accidents, or the roadway itself may have been dangerous.</p>
<p>	If you’ve been injured in an auto accident in California that has been determined by the investigating Police or CHP Officer or a Sheriff’s Deputy to be the fault of another driver as a result of his or her violation of Vehicle Code Section 21654, call the Law Offices of Sebastian Gibson as soon after an accident as possible before important evidence disappears, such as skid marks that are washed away with the rain.</p>
<p>	At the Law Firm of Sebastian Gibson, we specialize in California auto accidents caused by violations of the California Vehicle Code, such as this section 21654, and will represent you to obtain the compensation you deserve for your injuries.</p>
<p>	In over thirty years of practice, Attorney Sebastian Gibson has obtained millions of dollars in settlements and multiple million dollar or larger settlements.  We handle auto accident cases on a contingency fee basis so there is no fee payable unless we win your case and obtain either a settlement, an arbitration, mediation, jury, judge or court award.</p>
<p>	Due to how insurance companies treat individuals without an attorney, a person injured in an auto accident will almost always receive a greater amount from a settlement, even after attorneys’ fees, if the case is handled from the start by an experienced and reputable personal injury lawyer. </p>
<p>	If you’ve been injured in an auto accident, call to speak with a lawyer at our offices for a free personal injury consultation by phone.  You can speak to Attorney Sebastian Gibson personally by phone or you can e-mail Sebastian Gibson at SgibsonEsq@aol.com<br />
Additionally, we invite you to visit the Sebastian Gibson law firm website at www.SebastianGibsonLaw.com  </p>
</div>]]></content:encoded>
</item>
<item>
<title><![CDATA[How Traffic Collision Reports Use California Vehicle Code Section 21651 And How Insurance Companies Interpret Them]]></title>
<link>http://blog.sebastiangibsonlaw.com/2009/12/02/how-traffic-collision-reports-use-california-vehicle-code-section-21651-and-how-insurance-companies-interpret-them/</link>
<pubDate>Wed, 02 Dec 2009 18:55:31 +0000</pubDate>
<dc:creator>sebastiangibson</dc:creator>
<guid>http://blog.sebastiangibsonlaw.com/2009/12/02/how-traffic-collision-reports-use-california-vehicle-code-section-21651-and-how-insurance-companies-interpret-them/</guid>
<description><![CDATA[In traffic collision reports, a violation of California Vehicle Code Section 21651 is one of the Veh]]></description>
<content:encoded><![CDATA[<div class='snap_preview'><p>In traffic collision reports, a violation of California Vehicle Code Section 21651 is one of the Vehicle Code Sections that can be cited as being the primary collision factor for an auto accident in California.  This is true whether the accident only caused injuries or if the accident was a fatal accident which caused one or more fatalities.  Although a traffic collision report is not evidence, insurance companies treat them as if they are.</p>
<p>	California Vehicle Code Section 21651 provides:</p>
<p>21651. (a) Whenever a highway has been divided into two or more roadways by means of intermittent barriers or by means of a dividing section of not less than two feet in width, either unpaved or delineated by curbs, double-parallel lines, or other markings on the roadway, it is unlawful to do either of the following: (1) To drive any vehicle over, upon, or across the dividing section. (2) To make any left, semicircular, or U-turn with the vehicle on the divided highway, except through an opening in the barrier designated and intended by public authorities for the use of vehicles or through a plainly marked opening in the dividing section. (b) It is unlawful to drive any vehicle upon a highway, except to the right of an intermittent barrier or a dividing section which separates two or more opposing lanes of traffic. Except as otherwise provided in subdivision (c), a violation of this subdivision is a misdemeanor. (c) Any willful violation of subdivision (b) which results in injury to, or death of, a person shall be punished by imprisonment in the state prison, or imprisonment in a county jail for a period of not more than six months. </p>
<p>	When a Police or CHP Officer, or a Sheriff’s Deputy states in his or her report either that the primary collision factor in an auto accident was one party’s violation of a certain vehicle code section such as the one above, and that one of the parties is at fault for violating that code section, the Officer or Deputy is stating what he or she believes to be the underlying cause of the accident.  </p>
<p>	The reason insurance companies treat the collision reports as if they are admissible evidence is that they know if put on the witness stand, the investigating officer or deputy will almost always testify in a manner consistent with the conclusions in his or her report.  That testimony becomes evidence and will often sway a jury in their determination of fault for an accident.</p>
<p>	While an investigating officer’s job is to determine if there was a violation of the law and not to determine who should be at fault in a civil dispute such as a car accident claim, insurance companies often view these two determinations as one and the same.  </p>
<p>	A police officer assigned to investigate the scene of an accident does not have the role that a trier of fact does in a courtroom.  The officer is not there to render a verdict and determine who is responsible for the damages.  Rather, the officer is there to determine if any laws were broken.   The officer makes such a determination based on his or her having seen the damage to the vehicles, and having spoken to the drivers and the witnesses when their memories are freshest.  He or she is thus often in a position to make a well-educated determination of who caused the accident.</p>
<p>	Unfortunately, despite the experience of most investigating officers who are dispatched to the scene of an accident, sometimes mistakes are made by these officers.  Quite often one or both parties to an accident will lie to them and an officer or deputy will not always be able to determine which of the parties is telling the truth.  The evidence from the scene, while important, may also be misleading as to what actually occurred to cause the accident.</p>
<p>	If you’ve been injured in an auto, truck, motorcycle, bike, pedestrian or car accident, or if you’ve lost a loved one in a wrongful death vehicle accident, call our offices for a free personal injury consultation by phone.  You can also e-mail Attorney Sebastian Gibson at SgibsonEsq@aol.com  Additionally, we invite you to visit the Sebastian Gibson law firm website for more information at www.SebastianGibsonLaw.com </p>
<p>	Sometimes an Officer or Deputy cannot determine with any degree of certainty which party was at fault and will cite two possible Vehicle Code Sections, one for each party in a two-party collision, that may have been violated.  In that case, the Police or CHP Officer or Deputy will often state that the primary collision factor is unknown.</p>
<p>	Even if there are witnesses to an accident, the Officer of Deputy may discount the statements of some or all of the witnesses if they were friends or relatives of one of the drivers.</p>
<p>	Although, as stated above, the conclusion of fault by an officer or deputy does not carry the same weight as a determination of fault by a judge or jury, the importance of the citation of this or any other California code section in the police report is that insurance companies treat the conclusions in these traffic collision reports in a great majority of cases as if the conclusions were written in stone and evaluate a party’s claim based on the findings of fault in these reports.</p>
<p>	A traffic collision report may be amended by the police department or the CHP where it contains obvious mistakes, such as when the officer or deputy has mixed up the names of the parties.  Supplemental reports are sometimes written when new evidence comes to light, such as when a hit and run party is located.  But for the most part, most police departments, Sheriff’s offices and the California Highway Patrol will not amend a report when a party complains and states why he or she doesn’t feel they should have been found at fault for a collision.  They will, however, in most cases allow a person to fill out a Counter Report, which, unfortunately simply does not carry much weight with an insurance company.</p>
<p>	If the Primary Collision Factor for an accident is unknown, one should look on the traffic collision report to see if the Police or California Highway Patrol Officer or Sheriff’s Deputy cited any “Other Associated Factors” in the traffic collision report as having had a role to play in causing the collision.  There may have been faulty equipment, as with some truck accidents, or the roadway itself may have been dangerous.</p>
<p>	If you’ve been injured in an auto accident in California that has been determined by the investigating Police or CHP Officer or a Sheriff’s Deputy to be the fault of another driver as a result of his or her violation of Vehicle Code Section 21651, call the Law Offices of Sebastian Gibson as soon after an accident as possible before important evidence disappears, such as skid marks that are washed away with the rain.</p>
<p>	At the Law Firm of Sebastian Gibson, we specialize in California auto accidents caused by violations of the California Vehicle Code, such as this section 21651, and will represent you to obtain the compensation you deserve for your injuries.</p>
<p>	In over thirty years of practice, Attorney Sebastian Gibson has obtained millions of dollars in settlements and multiple million dollar or larger settlements.  We handle auto accident cases on a contingency fee basis so there is no fee payable unless we win your case and obtain either a settlement, an arbitration, mediation, jury, judge or court award.</p>
<p>	Due to how insurance companies treat individuals without an attorney, a person injured in an auto accident will almost always receive a greater amount from a settlement, even after attorneys’ fees, if the case is handled from the start by an experienced and reputable personal injury lawyer. </p>
<p>	If you’ve been injured in an auto accident, call to speak with a lawyer at our offices for a free personal injury consultation by phone.  You can speak to Attorney Sebastian Gibson personally by phone or you can e-mail Sebastian Gibson at SgibsonEsq@aol.com<br />
Additionally, we invite you to visit the Sebastian Gibson law firm website at www.SebastianGibsonLaw.com  </p>
</div>]]></content:encoded>
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