Areas of Practice

At Gallo Law, we understand the complexities and challenges that individuals face following personal injury incidents. Our firm is dedicated to providing comprehensive legal representation to clients across California who have been injured due to the negligence or misconduct of others. With a strong focus on personal injury cases, our practice areas cover a wide range of scenarios, including:

1. Auto Accidents:
Car accidents can result in serious injuries and significant financial burdens. Our team at Gallo Law has extensive experience handling all types of auto accident cases, from fender-benders to multi-vehicle collisions. We work diligently to secure fair compensation for medical expenses, lost wages, and pain and suffering.

Auto accidents often involve intricate legal issues such as determining liability, dealing with insurance companies, and navigating state traffic laws. Our attorneys thoroughly investigate each case, collecting evidence such as police reports, eyewitness statements, and medical records to build a strong claim. We understand that auto accident victims may suffer from long-term medical conditions, lost income, and emotional distress. Our goal is to ensure our clients receive full and fair compensation for both immediate and future damages. Whether through negotiation or litigation, we aggressively advocate for our clients’ rights and best interests.

Types of Car Accidents:

Car accidents come in many forms, and understanding these types can help in determining liability and pursuing appropriate compensation. Some of the most common types include:

Rear-End Collisions: These are among the most frequent accidents, typically caused by tailgating or distracted driving.
T-Bone Accidents: Also known as side-impact collisions, these occur when one vehicle strikes the side of another, often at intersections.
Head-On Collisions: These are among the most severe, as two vehicles traveling in opposite directions collide.
Rollover Accidents: Often involving SUVs or trucks, rollovers can be caused by sharp turns, high speeds, or vehicle instability.
Hit-and-Run Accidents: When a driver flees the scene, victims may struggle to obtain compensation.
Multi-Vehicle Pileups: Accidents involving multiple vehicles create complex liability issues and can lead to severe injuries.

Car Accident Statistics:

Understanding car accident statistics highlights the risks faced by drivers:

The National Highway Traffic Safety Administration (NHTSA) reports that over 38,000 people die in car crashes each year in the U.S.
California consistently ranks among the states with the highest number of traffic accidents.
Distracted driving, speeding, and impaired driving are leading causes of accidents.

Common Car Accident Injuries:

Car accidents can cause a range of injuries, including:

Whiplash and Neck Injuries
Traumatic Brain Injuries (TBI)
Spinal Cord Damage
Broken Bones and Fractures
Soft Tissue Injuries
Internal Organ Damage
Psychological Trauma and PTSD

Preserving Evidence After a Car Accident:

Building a strong case depends on proper evidence collection. Key steps include:

Taking photographs of the accident scene, vehicle damage, and injuries.
Collecting witness statements and contact information.
Obtaining police reports.
Seeking immediate medical attention and keeping all records.
Checking for nearby traffic or surveillance cameras.

Vehicle Type and Severity of Accidents:

The type of vehicle involved can influence the severity of an accident:

Compact Cars: More susceptible to damage in crashes with larger vehicles.
SUVs and Trucks: Higher likelihood of causing rollovers and greater damage to smaller vehicles.
Motorcycles: Riders are more exposed, leading to severe injuries even in minor accidents.

Impact of Traffic Law Violations:

Violations such as speeding, running red lights, and DUI can significantly impact liability and legal claims. In California, violating traffic laws can be used as evidence of negligence in a personal injury claim.

Relevant California Laws:

California Vehicle Code §21700: Requires drivers to stop at intersections and yield the right-of-way.
California Vehicle Code §22331: Prohibits texting while driving.
California Vehicle Code §22813: Governs reckless driving laws.

California’s Liability Laws:

California follows a comparative negligence system under California Civil Code Section 1714, meaning a plaintiff’s compensation may be reduced based on their percentage of fault. For example, if a victim is found 20% at fault, their compensation will be reduced by 20%.

Multi-Vehicle Accidents and Claims:

When multiple vehicles are involved, determining fault becomes complex. Liability may be shared among several parties, requiring detailed accident reconstruction and expert testimony.

Event Data Recorders (EDRs):

Many modern vehicles are equipped with EDRs, which store crucial data about speed, braking, and other factors leading up to an accident. This data can serve as key evidence in proving liability.

2. Bike Accidents:
Cyclists are vulnerable on the road. When accidents involving bicycles occur, the consequences can be severe. Gallo Law advocates for injured cyclists, ensuring they receive the compensation they deserve from negligent drivers or other liable parties.

Bicycle accidents often result in catastrophic injuries due to the lack of protection for cyclists. Many of these accidents are caused by distracted drivers, failure to yield, or hazardous road conditions. We work with accident reconstruction experts to determine fault and gather supporting evidence. Additionally, we understand the unique laws that govern bicycle safety and use these regulations to strengthen our clients’ cases. Injured cyclists may require extensive medical treatment, rehabilitation, and ongoing therapy. Our firm fights to secure compensation for medical bills, pain and suffering, and lost income, ensuring our clients can focus on recovery.

Types of Bicycle Accidents:

Bicycle accidents occur in various ways, each presenting different legal and safety concerns. Common types include:

Dooring Accidents: When a parked driver opens their car door into the path of an oncoming cyclist, leading to serious injuries.
Right Hook Accidents: A vehicle turning right collides with a cyclist traveling in the same direction, often due to a failure to check blind spots.
Left Cross Accidents: A motorist making a left turn strikes a cyclist coming from the opposite direction, frequently due to misjudgment of speed.
Rear-End Collisions: A vehicle strikes a cyclist from behind, often due to distracted or aggressive driving.
Intersection Collisions: Occur when cyclists and vehicles meet at crosswalks, stop signs, or traffic signals, sometimes due to confusion over right-of-way.
Bike Lane Encroachments: When drivers fail to respect designated bike lanes, increasing the risk of collisions.

E-Bike Accidents:

With the rise in popularity of electric bicycles (e-bikes), new challenges have emerged. Unlike traditional bicycles, e-bikes can reach higher speeds, leading to more severe accidents.

E-Bike Classifications:

California law categorizes e-bikes into three classes:

Class 1: Pedal-assist only, with speeds up to 20 mph.
Class 2: Throttle-assisted e-bikes that do not require pedaling but have a speed cap of 20 mph.
Class 3: Pedal-assist e-bikes with speeds reaching up to 28 mph, often restricted from certain bike paths.

Because e-bikes travel at higher speeds, their accidents tend to involve greater impact forces, leading to more severe injuries. E-bike riders must adhere to specific traffic laws, including helmet requirements and bike lane restrictions.

Bicycle Accident Statistics:

Understanding the prevalence of bicycle accidents helps highlight the risks cyclists face:

The National Highway Traffic Safety Administration (NHTSA) reports that over 850 cyclists die in traffic crashes annually in the U.S.
California has the highest rate of bicycle fatalities, accounting for nearly 20% of all cycling deaths nationwide.
Hit-and-run incidents involving cyclists are increasing, making legal representation critical for victims seeking justice.
Alcohol involvement is a factor in approximately 37% of all fatal bicycle accidents, either on the part of the motorist or the cyclist.

Common Bicycle Accident Injuries:

Due to their exposure, cyclists often sustain serious and life-threatening injuries, including:

Traumatic Brain Injuries (TBI)
Spinal Cord Injuries, including paralysis
Fractured Bones and Dislocations
Severe Road Rash and Lacerations
Internal Organ Damage and Hemorrhaging
Facial and Dental Injuries
Psychological Trauma (PTSD, Anxiety, Depression)

Preserving Evidence After a Bicycle Accident:

To build a strong claim, it is crucial to collect and preserve key evidence, including:

Photographs of the accident scene, road conditions, and vehicle damage.
Medical records documenting injuries.
Eyewitness statements.
Police reports detailing the incident.
Surveillance or dashcam footage.
Bicycle damage assessments to demonstrate impact severity.

California Bicycle Laws and Liability:

Cyclists in California are protected by specific laws designed to promote their safety. Understanding these laws can help establish liability in accident claims.

Key California Bicycle Laws:

California Vehicle Code §21200: Grants cyclists the same rights and responsibilities as motor vehicle drivers.
California Vehicle Code §21202: Requires cyclists to ride as close to the right-hand curb as practicable, with exceptions for safety.
California Vehicle Code §21208: Regulates when cyclists can leave designated bike lanes to avoid hazards.
California Vehicle Code §21950: Mandates that motorists yield the right-of-way to cyclists at crosswalks and intersections.
California Vehicle Code §21760: The “Three Feet for Safety Act” requires drivers to provide at least three feet of space when passing cyclists.

Comparative Negligence in Bicycle Accidents:

Under California Civil Code Section 1714, a cyclist’s compensation may be reduced if they are found partially at fault. For example, if a cyclist is deemed 30% at fault for an accident, their settlement will be reduced by that percentage.

Multi-Vehicle Bicycle Accidents:

Accidents involving multiple vehicles and a cyclist can make liability determination complex. Factors considered include:

Traffic violations committed by each party.
Accident reconstruction analysis.
Involvement of commercial vehicles, which may introduce corporate liability.

The Role of Event Data Recorders (EDRs) in Bicycle Accidents:

Modern vehicles and e-bikes may be equipped with event data recorders (EDRs) that store crucial crash-related data, such as:

Speed at impact.
Braking data.
Acceleration or deceleration prior to the accident.
Rider input before the collision (for e-bikes).

Accessing this data can be pivotal in proving liability and reconstructing how an accident occurred.

How Gallo Law Advocates for Cyclists:

Our firm is committed to protecting the rights of cyclists and e-bike riders. We work closely with accident reconstruction specialists, medical professionals, and insurance companies to build compelling cases. Our goal is to ensure that injured cyclists receive full compensation for:

Medical expenses (current and future).
Lost wages and diminished earning capacity.
Pain and suffering.
Bicycle repair or replacement costs.

If you or a loved one has been injured in a bicycle or e-bike accident, contact Gallo Law today for a free consultation. We are dedicated to securing justice and fair compensation for our clients.

3. Truck Accidents:
Collisions involving large trucks often lead to devastating injuries. Our firm has the expertise to take on complex truck accident cases, dealing with trucking companies and their insurers to pursue maximum compensation for our clients.

Truck accidents are often more complex than standard car accidents due to the multiple parties that may be involved, including truck drivers, trucking companies, and manufacturers. These cases require a thorough investigation of truck maintenance records, driver logs, and potential violations of federal trucking regulations. Our firm has experience handling cases involving driver fatigue, overloaded trucks, and mechanical failures. We aggressively pursue claims against negligent parties to ensure victims receive proper compensation for their injuries, lost wages, and pain and suffering.

Types of Truck Accidents

Understanding the various forms of truck accidents is essential for determining liability and formulating effective legal strategies. Common types include:

Jackknife Accidents: These occur when a truck’s trailer swings out to form a 90-degree angle with the cab, resembling a folding jackknife. This phenomenon typically results from sudden braking, slippery road conditions, or equipment failure, leading to loss of control and potential multi-vehicle collisions.
Rollover Accidents: Due to their high center of gravity, large trucks are susceptible to rollovers, especially during sharp turns, high-speed maneuvers, or when carrying improperly balanced loads. Rollover accidents can cause significant harm to the truck driver and nearby road users.
Rear-End Collisions: Given their substantial weight, trucks require longer stopping distances. Failure to maintain adequate following distance or inattentiveness can result in rear-end collisions, which are particularly hazardous for occupants of smaller vehicles.
Underride Accidents: These tragic incidents occur when a smaller vehicle slides beneath a truck’s trailer, often leading to fatal injuries. Underride guards are designed to prevent such occurrences, but their effectiveness can vary.
Tire Blowouts: Poor maintenance, manufacturing defects, or road hazards can cause tire blowouts, leading to sudden loss of control and potential accidents.
Wide-Turn Accidents: Trucks require ample space to execute turns. During right turns, a truck may initially move left to navigate the turn, potentially colliding with vehicles or pedestrians in adjacent lanes.
Lost Load Accidents: Improperly secured cargo can dislodge during transit, creating dangerous road hazards and causing accidents involving multiple vehicles.

Federal Trucking Regulations

The Federal Motor Carrier Safety Administration (FMCSA) establishes comprehensive regulations to ensure the safety of commercial motor vehicle operations. Key regulations include:

Hours of Service (HOS) Regulations (49 CFR §395.3): To mitigate driver fatigue, HOS rules limit drivers to a maximum of 11 hours of driving after 10 consecutive hours off-duty. Additionally, drivers cannot drive beyond the 14th consecutive hour after coming on duty and must take a 30-minute break after 8 cumulative hours of driving.
Driver Qualification Requirements (49 CFR Part 391): Drivers must meet specific criteria, including holding a valid commercial driver’s license (CDL), being at least 21 years old for interstate commerce, and passing regular medical examinations to ensure physical fitness for driving.
Drug and Alcohol Testing (49 CFR Part 382): Mandatory testing protocols are in place to prevent substance abuse among drivers. This includes pre-employment, random, post-accident, and reasonable suspicion testing.
Vehicle Maintenance Standards (49 CFR Part 396): Carriers are required to systematically inspect, repair, and maintain all vehicles under their control. This includes keeping detailed records of inspections and maintenance activities.
Cargo Securement Rules (49 CFR §§393.100-393.136): These regulations specify the proper methods for securing different types of cargo to prevent shifting or falling during transit, thereby reducing the risk of accidents.
Electronic Logging Devices (ELDs) (49 CFR §395.8): ELDs are mandated to record drivers’ hours of service electronically, ensuring compliance with HOS regulations and providing accurate records in case of audits or investigations.

California State Trucking Regulations

In addition to federal regulations, California imposes state-specific laws to enhance road safety:

California Vehicle Code §35551: This statute outlines weight limits for trucks to prevent road damage and ensure safe vehicle operation.
California Vehicle Code §21702: This law restricts the number of consecutive hours a driver can operate a vehicle, aiming to prevent fatigue-related accidents.
Biennial Inspection of Terminals (BIT) Program: Administered by the California Highway Patrol, this program mandates that motor carriers undergo terminal inspections every two years. The inspections assess compliance with safety regulations, including vehicle maintenance and driver records.
California Assembly Bill 5 (AB 5): Enacted to address worker classification, AB 5 establishes strict criteria for classifying workers as independent contractors. This has significant implications for the trucking industry, particularly concerning liability and workers’ compensation.

Liability in Truck Accident Cases

Determining liability in truck accidents is often complex, involving multiple parties:

Truck Drivers: Drivers may be held liable if negligence, such as distracted driving, speeding, or impairment, contributed to the accident.
Trucking Companies: Employers can be liable for negligent hiring practices, inadequate training, or failure to enforce safety protocols. Under the doctrine of “respondeat superior,” companies may also be vicariously liable for the actions of their drivers performed within the scope of employment.
Vehicle Manufacturers: If a defect in the truck or its components (e.g., brakes, tires) contributed to the accident, the manufacturer could be held liable under product liability laws.
Cargo Loaders: Entities responsible for loading cargo may be liable if improper loading or securing of goods led to the accident.
Maintenance Providers: Third-party companies tasked with vehicle maintenance can be held accountable if negligent service contributed to mechanical failures resulting in an accident.

Legal Theories of Liability

Negligence: To establish negligence, the plaintiff must prove that the defendant owed a duty of care, breached this duty, and caused damages as a result.
Negligence Per Se: Violation of a statute designed to protect public safety can establish negligence per se, simplifying the plaintiff’s burden of proof.
Vicarious Liability: Employers can be held liable for their employees’ actions performed within the scope of employment.
Strict Liability: In product liability cases, manufacturers can be held strictly liable for defective products that cause harm, regardless of negligence.

C. Comparative Fault in California

California follows a “pure comparative negligence” system, allowing plaintiffs to recover damages reduced by their percentage of fault. For example, if a plaintiff is found 30% at fault, they can still recover 70% of the total damages.

Common Causes of Truck Accidents

Understanding the root causes of truck accidents is essential for prevention and establishing liability. Common causes include:

Driver Fatigue: Despite regulations limiting driving hours, fatigue remains a significant issue. Long hours on the road can lead to decreased alertness and slower reaction times.
Distracted Driving: Use of mobile devices, eating, or other distractions can divert a driver’s attention, increasing the risk of accidents.
Impaired Driving: Driving under the influence of alcohol or drugs impairs judgment and reaction times, leading to severe accidents.
Speeding: Exceeding speed limits reduces a driver’s ability to react to sudden changes, making accidents more likely and more severe.
Poor Vehicle Maintenance: Neglecting regular maintenance can lead to mechanical failures, such as brake or tire issues, contributing to accidents.
Improper Loading: Overloading or unevenly distributing cargo can affect a truck’s handling and stability, increasing the risk of rollovers or lost loads.
Adverse Weather Conditions: Rain, snow, fog, or ice can make roads hazardous, and large trucks may struggle to navigate safely under these conditions.
Inadequate Training: Drivers who lack proper training may not be equipped to handle the complexities of operating large commercial vehicles safely.

Evidence Collection in Truck Accident Cases

Building a strong case requires thorough evidence collection. Key types of evidence include:

Accident Scene Photographs: Images of vehicle positions, road conditions, skid marks, and surrounding areas can provide crucial context.
Witness Statements: Testimonies from individuals who observed the accident can offer valuable insights into how it occurred.
Police Reports: Official reports often contain important details about the accident and initial assessments of fault.
Electronic Logging Device (ELD) Data: ELDs record driving hours and can help determine if driver fatigue was a factor.
Maintenance Records: Documentation of the truck’s maintenance history can reveal negligence in upkeep.
Cargo Loading Records: These records can show whether the cargo was loaded properly and in compliance with regulations.
Surveillance Footage: Nearby traffic cameras or security systems may have captured the accident.
Driver’s Employment Records: Information about the driver’s qualifications, training, and employment history can be pertinent.

Statute of Limitations in California

In California, the statute of limitations for filing a personal injury claim resulting from a truck accident is generally two years from the date of the accident. Failing to file within this timeframe can result in losing the right to seek compensation. However, exceptions may apply, such as in cases involving government entities or when injuries are not immediately apparent.

Insurance Requirements for Trucking Companies

Both federal and state laws mandate that trucking companies carry minimum levels of insurance coverage:

Federal Requirements: The FMCSA requires interstate trucking companies to maintain a minimum of $750,000 in liability insurance, with higher amounts required for those transporting hazardous materials.
California State Requirements: Under California Vehicle Code Section 34631.5, intrastate trucking operations must adhere to state-specific insurance requirements, which may vary based on the type of cargo and vehicle weight.

The Role of the Federal Motor Carrier Safety Administration (FMCSA)

The FMCSA is the lead federal agency responsible for regulating and providing safety oversight of commercial motor vehicles. Its mission includes developing and enforcing data-driven regulations that balance motor carrier safety with efficiency, harnessing safety information systems to focus on higher-risk carriers, and targeting educational messages to carriers, commercial drivers, and the public.

Legal Framework Governing Truck Accidents

Truck operations are subject to a comprehensive set of regulations at both the federal and state levels, designed to ensure safety and accountability.

A. Federal Regulations

The Federal Motor Carrier Safety Administration (FMCSA) establishes regulations to oversee commercial motor vehicle operations across the United States.

Hours of Service (HOS) Regulations: Outlined in 49 CFR §395.3, these rules limit the number of hours a driver can operate to prevent fatigue-related accidents. Drivers are permitted a maximum of 11 hours of driving after 10 consecutive hours off-duty.
Commercial Driver’s License (CDL) Requirements: Per 49 CFR §383.51, drivers must obtain a CDL, which involves meeting specific age, language, and skill requirements, and passing knowledge and road tests.
Drug and Alcohol Testing: According to 49 CFR §382.303, drivers are subject to mandatory drug and alcohol testing, including pre-employment, random, post-accident, and reasonable suspicion testing.
Vehicle Maintenance Standards: Mandated by 49 CFR §396.3, carriers are required to systematically inspect, repair, and maintain all vehicles under their control to ensure safe operation.
Cargo Securement Rules: Detailed in 49 CFR §§393.100-136, these regulations specify requirements for securing different types of cargo to prevent shifting or falling during transit.
Coercion Prohibition: Under 49 CFR §390.6, it is prohibited for motor carriers, shippers, receivers, or transportation intermediaries to coerce drivers into operating their vehicles in violation of safety regulations.

B. California State Regulations

In addition to federal laws, California imposes its own set of regulations governing truck operations within the state.

Weight Limits: California Vehicle Code §35551 sets forth weight limitations for trucks to prevent road damage and ensure safety.
Hours of Service: California Vehicle Code §21702 restricts the number of consecutive hours a driver can operate a vehicle, aligning with federal HOS regulations to combat driver fatigue.
Use of Electronic Devices: California Vehicle Code §27602 prohibits the use of mobile devices and other electronic distractions while driving, aiming to reduce distracted driving incidents.
Classification of Drivers: Assembly Bill 5 (AB 5) establishes criteria for classifying workers as employees or independent contractors, significantly impacting the trucking industry.

Recent Developments in Trucking Safety Regulations

The landscape of trucking safety regulations is continually evolving to enhance road safety:

Automatic Emergency Braking (AEB) Systems: The National Highway Traffic Safety Administration (NHTSA) has proposed regulations mandating that all cars and light trucks be equipped with advanced AEB systems by 2029. While primarily targeting passenger vehicles, similar technologies are being considered for commercial trucks to prevent rear-end collisions.
Intelligent Speed Assistance Systems: California lawmakers have passed legislation requiring that all new cars sold or manufactured in the state from the 2030 model year be equipped with intelligent speed assistance systems. These systems provide audio and visual alerts to drivers exceeding the speed limit by more than 10 miles per hour. While currently focused on passenger vehicles, such measures may influence future regulations for commercial trucks.

The Importance of Legal Representation

Truck accident cases are inherently complex, often involving multiple parties, extensive regulations, and significant damages. Legal representation is crucial to navigate these complexities effectively. An experienced attorney can:

Investigate the Accident: Conduct a thorough investigation to gather and preserve critical evidence.
Determine Liability: Identify all liable parties, including drivers, trucking companies, manufacturers, and others.
Negotiate with Insurers: Engage with insurance companies to seek fair compensation for medical expenses, lost wages, pain and suffering, and other damages.
Litigate if Necessary: Represent clients in court to pursue justice and full compensation when settlements are inadequate.

Conclusion

Truck accidents present significant challenges due to the severity of potential injuries, the complexity of applicable laws, and the involvement of multiple parties.

4. Motorcycle Accidents:
Motorcycle accidents can result in devastating injuries due to the lack of protection that motorcycles provide compared to enclosed vehicles. At Gallo Law, we understand the challenges faced by motorcyclists and their families after an accident. We are dedicated to helping victims recover compensation for medical expenses, lost wages, pain and suffering, and more. Below, we discuss the various aspects of motorcycle accidents, including types of accidents, regulations, liability, common causes, defenses, evidence collection, and key statistics.

Types of Motorcycle Accidents

Motorcycle accidents can occur in various ways, and understanding the different types can help determine liability and the best legal course of action. Some of the most common types include:

Left-Turn Accidents: Occur when a car makes a left turn in front of a motorcycle, often due to failing to yield or misjudging the motorcyclist’s speed.
Head-On Collisions: One of the most deadly types of motorcycle accidents, often caused by distracted or impaired drivers veering into oncoming traffic.
Lane-Splitting Accidents: While legal in California, lane splitting can be dangerous if drivers fail to check their blind spots or abruptly change lanes.
Rear-End Collisions: When a vehicle strikes the back of a motorcycle, often leading to serious injuries or fatalities due to the force of impact.
High-Speed Accidents: Speeding increases the risk of severe injuries or fatalities, as motorcyclists have little protection in high-impact crashes.
Road Hazard Accidents: Uneven pavement, potholes, debris, and other road hazards pose significant risks to motorcyclists, increasing the likelihood of loss of control.
Hit-and-Run Accidents: Occur when a negligent driver flees the scene, making it more difficult for victims to obtain compensation.

Regulations Surrounding Motorcycle Accidents

Motorcyclists are subject to specific traffic laws designed to enhance safety. In California, these laws include:

Helmet Law (California Vehicle Code §27803): All motorcycle riders and passengers must wear a U.S. Department of Transportation (DOT)-approved helmet.
Lane-Splitting Law (California Vehicle Code §21658.1): Lane splitting is legal, but riders must exercise caution and should not exceed the speed of traffic by more than 10 mph.
Licensing Requirements (California Vehicle Code §12500): Motorcyclists must obtain a motorcycle license (M1 or M2) to legally operate on public roads.
Equipment Requirements (California Vehicle Code §26709, §27801, §27803): Motorcycles must be equipped with working turn signals, mirrors, and proper lighting.
Insurance Requirements (California Insurance Code §11580.1b): Motorcyclists must carry liability insurance to cover bodily injury and property damage.

Liability in Motorcycle Accidents

Determining liability in motorcycle accidents depends on various factors, including negligence, road conditions, and adherence to traffic laws. Parties that may be held liable include:

Negligent Drivers: If a driver fails to yield, is distracted, or violates traffic laws, they may be held liable.
Government Entities: If poor road maintenance contributed to the accident, a claim may be filed against the government agency responsible for maintaining the road.
Motorcycle Manufacturers: Defective motorcycle parts or design flaws can lead to accidents, making manufacturers liable under product liability laws.
Other Motorcyclists: If another motorcyclist acts recklessly and causes a crash, they may be held responsible.

Common Causes of Motorcycle Accidents

Motorcycle accidents can be caused by a variety of factors, including:

Distracted Driving: Drivers using cell phones or engaging in other distractions may fail to notice motorcycles.
Failure to Yield: Many accidents occur when drivers do not yield the right of way to motorcyclists.
Drunk or Drugged Driving: Impaired drivers have slower reaction times and are more likely to cause accidents.
Speeding: Excessive speed reduces reaction time and increases the severity of crashes.
Poor Weather Conditions: Rain, fog, and strong winds can make riding hazardous.
Vehicle Blind Spots: Motorcycles are smaller and harder to see, leading to collisions when drivers fail to check blind spots before merging or changing lanes.

Common Defenses in Motorcycle Accident Cases

Defendants in motorcycle accident cases may use various defenses, including:

Comparative Negligence: Under California’s comparative negligence law (California Civil Code §1714), a motorcyclist’s compensation may be reduced if they are found partially at fault.
Assumption of Risk: The defense may argue that the motorcyclist assumed a known risk by engaging in dangerous riding behaviors.
Failure to Wear a Helmet: If a motorcyclist was not wearing a helmet, the defense may claim this contributed to the severity of injuries.
Sudden Emergency Doctrine: The defendant may argue that they acted reasonably in response to an unforeseen emergency.

Evidence Collection in Motorcycle Accident Cases

Strong evidence is crucial in proving fault and securing fair compensation. Important evidence includes:

Accident Scene Photos: Pictures of vehicle damage, skid marks, and road conditions.
Witness Statements: Testimonies from bystanders or other motorists.
Police Reports: Official documentation of the accident.
Medical Records: Proof of injuries sustained and necessary treatments.
Surveillance or Dashcam Footage: Video evidence of the accident.
Motorcycle Inspection Reports: Assessments of mechanical failures or defects.

Statistics About Motorcycle Accidents

Motorcycle accident statistics highlight the dangers motorcyclists face on the road:

Helmet use reduces the risk of head injuries by 69% and fatal injuries by 37%. Over 5,000 motorcyclists die annually in crashes in the U.S. In fact, California ranks among the top states for motorcycle fatalities. Motorcyclists are 28 times more likely to die in crashes than passengers in vehicles. Nearly 75% of motorcycle accidents involve a collision with another vehicle. More than half of all fatal motorcycle crashes occur at intersections.

At Gallo Law, we are committed to fighting for injured motorcyclists. We conduct thorough investigations, negotiate with insurance companies, and litigate aggressively when necessary. If you or a loved one has been injured in a motorcycle accident, contact us today for a free consultation to explore your legal options.

5. Auto vs. Pedestrian Accidents:
Pedestrians are particularly vulnerable in accidents with motor vehicles. We fight for the rights of pedestrians injured in crosswalks, intersections, or anywhere else due to the negligence of drivers.

Pedestrian accidents often result in severe injuries, including broken bones, head trauma, and internal injuries. Many pedestrian accidents occur due to distracted driving, speeding, or failure to yield. Our attorneys work diligently to prove liability and secure compensation for medical expenses, rehabilitation, and lost income. We understand that pedestrian accident victims often face a long road to recovery and strive to provide compassionate legal representation.

Auto vs. pedestrian accidents are a significant concern in California, often resulting in severe injuries due to the vulnerability of pedestrians. At Gallo Law, we are committed to representing pedestrians injured in such incidents, ensuring they receive the compensation they deserve. This comprehensive overview delves into various aspects of auto vs. pedestrian accidents, including types of pedestrians, uninsured and underinsured motorist coverage, injury severity, California’s “jaywalking” laws as of 2025, and other pertinent factors specific to these cases.

Types of Pedestrians

Pedestrians encompass a diverse group of individuals who utilize various modes of non-motorized transportation. Understanding these distinctions is crucial, as different types of pedestrians may face unique risks:

Walkers: Individuals traveling on foot are the most common type of pedestrian.
Joggers and Runners: Those engaging in running or jogging activities, often in residential areas or parks.
Children: Young pedestrians who may be less aware of traffic dangers.
Elderly Individuals: Elder adults who may have mobility challenges, affecting their crossing speed and awareness.
Individuals with Disabilities: Pedestrians using assistive devices such as wheelchairs or crutches.
Skateboarders: Individuals using skateboards for transportation or recreation.
Rollerbladers and Roller Skaters: Those using inline skates or traditional roller skates.
Scooter Riders: Individuals using non-motorized scooters.
Personal Mobility Device Users: Users of devices like hoverboards or electric unicycles. Each group faces specific risks and legal considerations, especially when involved in accidents with motor vehicles.

Uninsured and Underinsured Motorist Coverage for Pedestrians

In California, pedestrians struck by a vehicle may be covered under their own auto insurance policy’s uninsured/underinsured motorist (UM/UIM) coverage. This coverage applies even when the insured individual is not driving. UM/UIM coverage can help cover medical expenses, lost wages, and other damages if the at-fault driver lacks sufficient insurance. It’s important to note that UM/UIM coverage is included in auto insurance policies unless explicitly waived in writing. Therefore, it’s advisable for policyholders to retain this coverage to protect themselves in such scenarios.

Severity of Injuries in Auto vs. Pedestrian Accidents

Pedestrians lack the protective barriers that vehicles provide, making them susceptible to severe injuries in collisions. Common injuries include:

Traumatic Brain Injuries (TBI): Resulting from head impacts, leading to cognitive impairments.
Spinal Cord Injuries: Potentially causing paralysis or loss of function.
Fractures and Broken Bones: Common in limbs and ribs due to the impact force.
Internal Injuries: Damage to organs such as the liver, spleen, or kidneys.
Lacerations and Abrasions: Cuts and scrapes that may lead to significant blood loss or infections.
Psychological Trauma: Including post-traumatic stress disorder (PTSD) and anxiety. The severity of these injuries often necessitates extensive medical treatment and rehabilitation, underscoring the importance of securing adequate compensation.

California’s “Jaywalking” Laws as of 2025

In California, the Freedom to Walk Act (AB 2147) took effect on January 1, 2023, decriminalizing jaywalking when done safely. Under this law, pedestrians can cross streets outside of designated crosswalks without facing fines, provided they do not create an immediate hazard. This shift aims to reduce unnecessary citations and acknowledges that pedestrians often cross mid-block when safe to do so. However, pedestrians must still exercise caution and yield to oncoming traffic when crossing outside of crosswalks.Additionally, starting January 1, 2025, California implemented a new “Daylighting” law (AB 413) to enhance pedestrian safety. This law prohibits parking within 20 feet of any marked or unmarked crosswalk, improving visibility for both drivers and pedestrians. The increased visibility aims to reduce collisions at intersections and crosswalks.

Liability in Auto vs. Pedestrian Accidents

Determining liability in auto vs. pedestrian accidents involves assessing the actions of both parties. Drivers are generally expected to exercise due care to avoid colliding with pedestrians, especially in areas where pedestrians are likely to be present. However, pedestrians also have a duty to act responsibly and follow traffic laws. Factors influencing liability include:

Driver Negligence: Such as speeding, distracted driving, failure to yield at crosswalks, or driving under the influence.
Pedestrian Negligence: Including suddenly entering the roadway, crossing against traffic signals, or being under the influence.
Comparative Negligence: California follows a comparative negligence system, meaning compensation can be adjusted based on the degree of fault assigned to each party. It’s crucial to conduct a thorough investigation to establish fault and pursue appropriate compensation.

Evidence Collection in Auto vs. Pedestrian Accident Cases

Collecting robust evidence is vital for building a strong case. Key evidence includes:

Accident Scene Photographs: Images capturing vehicle positions, skid marks, traffic signals, and environmental conditions.
Surveillance Footage: Videos from nearby cameras that may have recorded the incident.
Witness Statements: Accounts from individuals who observed the accident.

6. Slip and Fall Incidents:
Property owners have a responsibility to maintain safe premises. Our firm assists individuals injured in slip and fall accidents on poorly maintained or hazardous properties, seeking compensation for injuries and related expenses.

Slip and fall cases fall under premises liability law, which requires property owners to maintain safe environments for visitors. Common causes of slip and fall accidents include wet floors, uneven surfaces, and poor lighting. We work to establish that the property owner’s negligence led to the accident, ensuring our clients receive compensation for medical bills, lost wages, and pain and suffering. Our team has extensive experience handling slip and fall cases in commercial, residential, and public properties.

7. General Negligence Claims:
Negligence can lead to a wide range of injuries beyond those specifically outlined. Gallo Law handles various negligence claims, ensuring that individuals harmed by others’ negligent actions are rightfully compensated.

General negligence claims cover a broad spectrum of incidents, from workplace accidents to injuries caused by defective products. We work to establish liability by gathering evidence, consulting experts, and negotiating with insurance companies. Whether the negligence was due to improper safety measures, inadequate training, or reckless behavior, our firm ensures that victims receive justice and fair compensation.

Additional Practice Areas:

Beyond these core areas, Gallo Law also handles: Dog Bite Injuries, Medical Malpractice, Product Liability, and Workplace Injuries.

In each of these practice areas, our goal remains consistent: to provide compassionate and effective legal representation tailored to each client’s unique circumstances. We understand the physical, emotional, and financial toll that personal injuries can take on individuals and their families.

Types of Injuries and Their Impact

At Gallo Law, we recognize that personal injuries can vary widely in their nature and severity. Our firm has extensive experience handling cases involving a broad spectrum of injuries resulting from accidents and negligence. Some common types of injuries we address include:

1. Traumatic Brain Injuries (TBI):
Brain injuries can have long-lasting consequences, affecting cognition, memory, and overall quality of life. Gallo Law works with medical experts to assess the impact of TBIs and pursue appropriate compensation for our clients.

2. Spinal Cord Injuries:
Injuries to the spinal cord can lead to paralysis or significant impairment. We advocate for individuals with spinal cord injuries, ensuring they receive compensation for ongoing medical care, rehabilitation, and lifestyle adjustments.

3. Broken Bones and Fractures:
Fractures and broken bones are common in accidents like car crashes and falls. Gallo Law assists clients in recovering damages for medical treatment, rehabilitation, and any resulting disabilities.

4. Soft Tissue Injuries:
Whiplash, strains, and sprains fall under soft tissue injuries. Though less visible than other injuries, they can cause considerable pain and limitation. Our firm fights for fair compensation for the physical and emotional impact of these injuries.

5. Internal Injuries:
Internal injuries, such as organ damage or internal bleeding, often require immediate medical attention and ongoing care. Gallo Law ensures that clients with internal injuries receive appropriate compensation to cover medical expenses and other related costs.

6. Emotional and Psychological Trauma:
Personal injuries can also cause emotional and psychological trauma, leading to anxiety, depression, or post-traumatic stress disorder (PTSD). Our team understands the significance of these invisible injuries and seeks compensation for mental health treatment and therapy.

7. Wrongful Death:
In cases of fatal accidents, Gallo Law provides compassionate representation to families who have lost loved ones due to negligence. We pursue wrongful death claims to secure financial compensation for funeral expenses, loss of income, and the emotional impact of losing a family member.

Each injury has unique implications for the individual’s physical health, emotional well-being, and financial stability. Gallo Law takes a holistic approach, considering all aspects of our clients’ injuries and their impact on their lives. We work diligently to build strong cases that accurately reflect the full extent of our clients’ losses and damages.

If you or someone you know has suffered any type of injury due to someone else’s negligence, our firm is here to help. Contact Gallo Law today for a confidential consultation. We are committed to advocating for your rights and pursuing justice on your behalf. Let us handle the legal complexities while you focus on recovery and healing. Together, we can work towards achieving the compensation and closure you deserve.

When you choose Gallo Law, you gain an advocate who will navigate the legal process on your behalf, from negotiating with insurers to litigating in court if necessary. We offer personalized attention and are committed to achieving the best possible outcome for our clients.