Common Estate Planning Mistakes and How to Avoid Them

No one wants to think about what things will be like when they’re gone but making end-of-life decisions while you’re still young and healthy is crucial. If you’re in the early estate planning stages, learn about the most common mistakes people make and how to avoid them.

Failing to Create a Will

Without a will, the State of California decides how your assets are distributed. This means your possessions might not end up with the people you intended. Even worse, the process can be drawn out and stressful for your family.

The solution is to draft a will, one of the foundational documents of estate planning. A will specifies how your property should be divided, who will care for your minor children, and what you want at your funeral. Working with an estate planning attorney ensures your will is legally sound and accurately reflects your wishes.

Not Naming Contingent Beneficiaries

Most people name primary beneficiaries for their retirement accounts, life insurance policies, and other assets. But what happens if your primary beneficiary passes away before you do, and you forget to update your estate plan? Without a contingent beneficiary, those assets might go into probate.

This is why you should always name a contingent beneficiary. It could be a family member, a friend, or a charity. Whatever the case, having a backup ensures your assets avoid probate and go to the person or organization you choose.

Choosing the Wrong Executor or Trustee

An executor or trustee is responsible for carrying out your estate plan. If this person is unreliable, disorganized, or lacks the necessary skills, it may lead to mismanagement, family conflicts, and delays.

The solution is to select someone you trust to handle the role responsibly. This person should be detail-oriented, impartial, and prepared to act in your estate’s best interest. Speak with the person you’re considering to ensure they’re willing and able to take on the responsibility. If you’re unsure who to choose, you can always appoint a bank or a trust company to serve as executor or trustee.

Not Setting Up a Power of Attorney

Life is unpredictable. If you become incapacitated without a power of attorney in place, decisions about your health, finances, and other matters might be left to someone the courts appoint—not necessarily someone you’d choose.

To avoid this, establish durable powers of attorney for healthcare and finances. These legal documents give a trusted individual the authority to make decisions on your behalf if you’re unable to do so. Consider naming a backup agent if your first choice is unavailable.

Overlooking Digital Assets

Think about all your online accounts: email, social media, banking, and more. If you don’t include digital assets in your estate plan, your loved ones might struggle to access or manage them.

The solution is to compile a list of your digital assets, including login credentials and management preferences. Work with an estate planning lawyer to incorporate these details into your plan.

Not Updating Your Estate Plan

Major life events should be reflected in your estate plan. If you fail to update it as your circumstances change, your plan may not reflect your current wishes when you pass away.

The solution is to make changes every time you or someone in your will gets married or divorced, acquires significant assets, passes away, or has a baby. Even if there haven’t been any big life changes, it’s wise to review your plan every three to five years with an estate planning attorney.

Ignoring Tax Implications

Estate taxes can eat away at the assets you’ve worked so hard to build. Poor planning may cause your beneficiaries to inherit less than you’d hoped.

Estate planning services help minimize tax burdens. Strategies might include setting up trusts, gifting assets during your lifetime, or donating to charity. An estate planning law firm can guide you through the best options for your circumstances.

Not Communicating Your Plan

Most children aren’t excited to hear about their parents’ estate plans. However, skipping these important conversations can lead to confusion, avoidable expenses, and undue stress for your loved ones.

Discuss your estate plan with your executor, trustees, and beneficiaries. Explain your decisions to avoid surprises and reduce conflicts. You don’t need to disclose every detail—just share enough to ensure your wishes are understood and respected.

Contact Us for a Consultation

At Bakerink, McCusker & Belden, we know estate planning can feel overwhelming. Fortunately, you don’t have to go it alone. Our estate planning law firm is here to guide you, drawing on over 35 years of experience and a reputation as one of the “Best of Tracy,” as published in the Tracy Press. Contact us today for a free, no-obligation consultation in the San Joaquin County area, and we’ll help you take the first steps toward a solid estate plan.

Wrongful Death from Slip-and-Fall Incidents: Proving Negligence in California

Slip-and-fall accidents can be devastating, especially when they result in the tragic loss of a loved one. These incidents often occur in places like grocery stores, office buildings, or private residences due to hazardous conditions. When negligence is a factor, families may have the right to pursue a wrongful death claim to seek justice and compensation.

If you’ve found yourself grappling with the aftermath of such a tragedy, seeking to understand wrongful death claims and the legal steps involved in proving negligence in California is the best place to start.

Understanding Wrongful Death and Slip-and-Fall Incidents

What Is Wrongful Death?

Wrongful death occurs when a person loses their life as a result of someone else’s negligence, recklessness, or intentional act. Under California law, family members or representatives of the deceased can file a lawsuit to seek compensation for both economic and emotional losses.

Types of Slip-and-Fall Incidents

Slip-and-fall incidents can result from a variety of hazardous conditions, such as:

• Wet or slippery floors without warning signs.
• Poorly maintained staircases or handrails.
• Uneven surfaces or loose carpeting.
• Insufficient lighting in walkways.

These avoidable dangers can cause fatal injuries, such as traumatic brain injuries, spinal cord damage, or internal bleeding, when property owners fail to address them promptly.

Challenges in Proving Negligence in Slip-and-Fall Wrongful Death Cases

Proving negligence in wrongful death cases is a complex process that requires gathering strong evidence and satisfying legal standards. To succeed, you must demonstrate that the following four elements existed:

1. Duty of Care: Property owners have a legal obligation to keep their premises reasonably safe for visitors. This duty includes repairing hazards, maintaining cleanliness, and providing warnings for any known dangers.
2. Breach of Duty: You must show that the property owner failed to fulfill their duty. This may involve proving they neglected to repair a hazard or failed to inform visitors of potential risks.
3. Causation: Establishing causation can be challenging. You’ll need to demonstrate that the property owner’s negligence directly caused the slip-and-fall accident, which led to the victim’s death. Defense teams often argue that external factors contributed to the incident.
4. Damages: The final element requires showing that the incident caused quantifiable damages. These can include emotional distress, medical expenses, and loss of financial support, among others.

The help of an experienced wrongful death attorney can make a substantial difference in navigating these challenges effectively.

What Compensation Can Families Expect?

While no settlement can replace the loss of a loved one, pursuing compensation can alleviate some financial burdens and bring accountability to the responsible party.

Common Types of Compensation in Wrongful Death Claims:

Economic Damages

These damages are meant to cover the financial losses directly associated with the death. They typically include costs such as funeral and burial expenses, outstanding medical bills incurred before the person passed away, and the loss of income or financial support that the deceased would have provided to their family. For example, if the deceased was the primary breadwinner, this compensation helps the surviving family maintain financial stability.

Non-Economic Damages

Non-economic damages address the emotional and intangible losses experienced by surviving family members. This includes compensation for the loss of companionship, affection, guidance, and emotional support that the deceased provided. Additionally, it may cover the mental anguish and emotional suffering endured by the loved ones, recognizing the profound impact such a loss can have on their well-being and quality of life.

Punitive Damages

Punitive damages are not always awarded but may be granted in cases where the actions of the responsible party are found to be especially reckless, grossly negligent, or malicious. These damages are intended to punish wrongful conduct and deter similar behavior in the future. For instance, if a property owner’s willful neglect directly led to the death, the court may award punitive damages as a warning to others.

Each wrongful death case is unique, with compensation determined by the specific circumstances surrounding the incident. Factors like the deceased’s age, earning potential, and the nature of the relationship with the survivors may influence the final award. Families are encouraged to work closely with legal professionals to obtain the compensation they deserve.

Contact Us for a Consultation

Taking legal action after a loved one’s death is a necessary step toward securing accountability and financial relief for your family. When negligence causes such a grievous loss, you deserve compassionate, experienced support to make sense of your legal options.

If you’re dealing with the wrongful death of a loved one due to a slip-and-fall accident, you don’t need to face this legal battle alone. At Bakerink, McCusker & Belden Law, our team has served the Tracy, CA community for over 35 years, offering compassionate and professional legal representation.

Contact us today for a free consultation at Bakerink, McCusker & Belden Law or call (209-835-9592). Our trusted wrongful death law firm will help you seek justice for your loved one.

How a Bus Accident Lawyer Can Help You Navigate Complex Claims

Being involved in a bus accident can be a life-altering experience, leaving you or your loved ones with severe physical, emotional, and financial burdens. Whether the accident involves a public transit bus, school bus, or private charter, the legal claims process can be confusing and intense. Enlisting the help of an experienced bus accident lawyer can make all the difference in helping you secure the compensation you deserve.

Types of Bus Accidents

Bus accidents are not one-size-fits-all; they can involve multiple vehicle types and unique circumstances. Here are the most common types of bus accidents you might encounter:

1. Public Transit Buses

These accidents often involve city-operated buses. Victims can include passengers, pedestrians, or drivers of other vehicles, complicating liability and legal claims.

2. School Buses

Accidents involving school buses can be particularly devastating as they often involve children. Liability could extend to the driver, the school district, or even third-party contractors handling maintenance.

3. Private Charter Buses

Charter buses used for tours, field trips, or special events may be run by private companies. These cases can involve additional complexities due to private ownership and insurance policies.

How a Bus Accident Lawyer Can Help

Navigating the aftermath of a bus accident can feel like an uphill battle. Here’s how an experienced bus accident lawyer can assist you:

Identify Liable Parties

Bus accidents often involve multiple parties, which can complicate the process of seeking compensation. These parties may include the bus driver, the bus company, third-party contractors, municipalities responsible for road maintenance, or even the vehicle manufacturers in case of defective parts. A bus accident attorney will conduct a detailed investigation to uncover who is responsible, so no liable party is overlooked and maximizing your chances of receiving full compensation.

Collect and Analyze Evidence

Building a strong case requires gathering and reviewing all the necessary evidence. Lawyers will obtain accident reports, surveillance footage, and photographs from the scene. They also speak to witnesses to secure statements that strengthen your case and work closely with medical experts to document the extent of your injuries. By analyzing this evidence thoroughly, they can create a compelling argument to support your claims for damages, covering medical bills, lost wages, and even pain and suffering.

Negotiate with Insurance Companies

Insurance companies often aim to settle for the lowest amount possible, using various tactics to devalue or deny claims. A bus accident attorney acts as your advocate, handling all communications with the insurance providers. They will ensure that you are fairly represented and work tirelessly to secure a settlement that reflects the true extent of your damages, including future medical care and other long-term impacts.

Litigate the Case When Necessary

If negotiations with insurance companies fail to result in a fair settlement, your lawyer will not hesitate to take the case to court. They will represent you effectively, presenting all the evidence and making a strong argument on your behalf. Their goal is to get you the compensation you deserve, whether that requires a settlement agreement or a favorable court verdict. Having an experienced attorney by your side provides peace of mind throughout this often-complex legal process.

Types of Compensation You Can Recover

A successful bus accident lawsuit can yield various forms of compensation, depending on the extent of your losses. These can include:

1. Economic Damages

These are tangible financial losses such as:

• Medical expenses (past and future)
• Lost wages or reduced earning capacity
• Property damage

2. Non-Economic Damages

Intangible losses can include:

• Pain and suffering
• Emotional distress
• Loss of enjoyment in life

3. Punitive Damages

If the accident resulted from gross negligence or malicious actions, courts might award punitive damages to penalize the liable party and deter future misconduct.

Why Choose Bakerink, McCusker & Belden Law in Tracy, CA

For over 35 years, Bakerink, McCusker & Belden Law has been a trusted name in Tracy and the San Joaquin County area. Our commitment to delivering exceptional legal services has earned us accolades, including being consistently rated among the “Best of Tracy” by the Tracy Press and achieving a BV Distinguished® Rating from Martindale-Hubbell®.

What sets us apart:

• We bring unparalleled experience to personal injury law, particularly in bus accidents and complex liability cases.
• We help clients feel supported by providing clear, meticulous guidance through every step of the claims process.
• Our team prioritizes your financial recovery while delivering compassionate, personalized service every step of the way.

Get the Compensation You Deserve

Bus accidents often involve legal complexities beyond most personal injury cases. Whether you’ve been injured or are recovering financial losses, an experienced bus accident lawyer can simplify the claims process, advocate for your compensation, and help you move forward.

At Bakerink, McCusker & Belden Law, our team is ready to stand by your side. Contact us today through our FREE consultation form or visit our Auto Accident Injury page to learn more. Don’t wait—your path to recovery begins here.

How a Pedestrian Accident Lawyer Can Help You Recover Compensation in Tracy, CA

Suffering from a pedestrian accident can be life-altering. Medical bills, lost wages, and emotional distress often add to the hefty task of seeking justice and compensation. With the complexities tied to accident claims, hiring a pedestrian accident lawyer can be the difference between getting the compensation you deserve and settling for less. A skilled pedestrian accident lawyer plays an invaluable role in your recovery process.

What Does a Pedestrian Accident Lawyer Do?

A pedestrian accident attorney is a legal advocate trained to handle cases involving pedestrian injuries caused by negligent parties. Their primary role is to represent you, make sure your rights are protected, and fight for fair compensation for your losses—whether it’s medical expenses, pain, or missed workdays.

Given their expertise in relevant state laws, these attorneys help victims understand their legal options, simplifying even the most complex pedestrian accident claims.

How a Lawyer Strengthens Your Case

A skilled pedestrian accident lawyer brings resources, knowledge, and experience to build a strong foundation for your case or pedestrian accident lawsuit. Here are the main ways they help:

1. Investigation and Evidence Gathering

Pedestrian accident claims rely heavily on solid evidence. Lawyers collect police reports, medical records, photographs, and witness testimonies to reconstruct the accident scene and establish liability.

For example, if surveillance footage exists showing how a driver failed to stop for a crosswalk, your attorney will make sure it is included as proof of negligence.

2. Expertise with Expert Testimony

Accidents often require technical insights—for instance, determining the speed of a vehicle at impact or evaluating the extent of your injuries. Pedestrian accident law firms work with a network of experts, such as medical professionals and accident reconstructionists, whose testimony strengthens your case.

3. Negotiation Skills

Insurance companies often aim to minimize payouts to protect their bottom line, which can leave you with a settlement that falls short of covering your needs. A skilled lawyer steps in to negotiate aggressively on your behalf, so your rights are protected. They analyze the full scope of your expenses, including medical bills, lost wages, and other damages, so you aren’t pressured into accepting a settlement that doesn’t fully address the financial and emotional impact of your situation.

4. Litigation and Court Representation

If your case proceeds to court, a lawyer guides you through the complex legal process. They make sure procedural requirements are met, such as filing necessary documents, adhering to deadlines, and preparing evidence to strengthen your case. Beyond the technical aspects, they construct a compelling argument detailing the facts of your situation, drawing on their knowledge of case law and courtroom strategy.

In court, your lawyer represents you passionately, presenting your case with confidence and professionalism in front of a judge and jury. Their role isn’t just about navigating legal technicalities—it’s also about protecting your interests, giving you a voice, and making sure you are treated fairly and respectfully at every step. With their support, you can approach litigation with greater clarity and confidence.

Challenges Pedestrians Face After an Accident

After an accident, challenges can begin piling up quickly. These common issues often require expert legal intervention:

1. Insurance Denials

Insurance companies can deny claims with reasons such as a lack of evidence or disputing the severity of injuries. Without legal help, navigating such denials can feel like hitting a brick wall.

2. Fault and Liability Concerns

Disputes about who caused the accident are common. Fault isn’t always straightforward, especially in cases with unclear traffic signals or where jaywalking may be alleged. A lawyer helps establish negligence and counters these defenses with key evidence.

3. Complex Insurance Claims or Lawsuits

Navigating the world of personal injury law involves dealing with multiple forms, statutes, and deadlines. Without the guidance of a lawyer, victims risk procedural missteps that can delay or jeopardize their case altogether.

A pedestrian accident lawyer ensures your claim is filed correctly and navigates every legal hurdle, so you don’t have to face it alone.

Why Choose Bakerink, McCusker & Belden?

At Bakerink, McCusker & Belden, we’ve been advocates for injured pedestrians across San Joaquin County for over 35 years. Here’s what sets us apart:

• Recognized Excellence: Consistently rated among the “Best of Tracy” by Tracy Press readers, our law firm has also earned the Martindale-Hubbell® BV Distinguished® rating for professional expertise and high ethical standards.
• Personalized Support: We understand that every case is unique—our legal team crafts strategies designed to meet your specific needs.
• Proven Expertise: With decades of experience handling personal injury and accident cases, we know what it takes to pursue the maximum compensation you’re entitled to.

You’re more than a case file to us—you’re a valued community member, and we’re committed to fighting for what you deserve.

Contact Us to Take the First Step

Your recovery starts with the right legal support. Don’t wait to get help navigating the complexities of personal injury law. At Bakerink, McCusker & Belden, we offer a free initial consultation to review your case and discuss your options.

Reach out today to schedule your consultation. You can also visit our firm overview page or fill out our inquiry form for more information.

You focus on recovery, and we’ll handle the rest.

How Evidence Can Prove Fault in Bicycle Accidents

A bad bicycle accident can be life-changing. If you recently crashed your bike, and it wasn’t your fault, you’re probably asking, “How do I prove the other party was responsible?” This is where evidence enters the picture. Gathering solid proof of the other person’s negligence is the key to securing compensation. Otherwise, it’s your word against theirs.

Why Fault Matters in Bicycle Accidents

Determining who’s at fault in a bicycle accident isn’t just a matter of finger-pointing. It directly affects how much compensation you could receive for your medical bills, lost wages, and emotional distress. When one party’s negligence causes the accident, they become liable for the damages. But if the blame is unclear or partially assigned to you, your compensation may be reduced. That’s how comparative negligence works under California law. It means your payout is reduced by your percentage of fault.

Types of Evidence in Bicycle Accidents

Evidence following a bike accident can take many forms. Stronger and more comprehensive evidence increases your chances of proving fault. Here are some common types:

• Photos and videos: Visual evidence is a compelling form of proof. Photos or videos taken at the scene can show vehicle damage, road conditions, and skid marks or debris that help prove what happened. Video footage from dash cams, nearby surveillance cameras, or a cyclist’s GoPro can be valuable sources of information.
• Police reports: The report filed by the responding officer is an excellent resource. After the accident, officers typically investigate the scene, interview witnesses, and compile their findings. They may note who was at fault based on their assessment. While not always definitive, a police report carries significant weight when determining fault.
• Witness testimonies: Eyewitnesses provide unbiased perspectives on what happened during the accident. Did the driver run a red light, speed, or fail to yield? These statements can bolster your claim as a bike accident victim.
• Medical records: Your injuries are evidence, too. Medical records detailing your condition, the extent of your injuries, and the treatment you received all support your claim that the accident caused considerable harm. The more thorough your medical records, the stronger your case will be.
• Accident reconstruction experts: In complex scenarios, the cause of an accident may not be immediately obvious. In these cases, accident reconstruction experts may be asked to analyze the scene, vehicle damage, and other details to provide their expert opinions on what likely happened.

The Challenges of Obtaining Evidence

Unfortunately, evidence doesn’t just fall into your lap, and some of it disappears quickly after the accident. Here are a few challenges you might encounter:

• Time-sensitive evidence: Photos, videos, and witness statements are time-sensitive. The accident scene changes quickly as debris is cleared away, witnesses move on, and traffic flows normally again. That’s why it’s crucial to collect this information as soon as possible.
• Limited surveillance footage access: Video evidence is not always easy to obtain. Businesses may not keep footage for long, and some may refuse to release it without a formal legal request.
• Delayed police reports: Police reports aren’t always available right away. In some cases, they take days or weeks to be processed and ready for release. Plus, if the police don’t respond to the accident, there won’t be a report at all.
• Uncooperative witnesses: Not all witnesses are eager to get involved. Some may refuse to give a statement or forget important details over time.
• Complex medical records: Your injuries are essential evidence, but they could be underutilized as proof without a clear understanding of medical terminology and how these records relate to your claim.

Why Working with a Lawyer is Essential

Contacting a bicycle accident immediately following the crash makes gathering evidence much easier. Lawyers know which forms of proof are most crucial and how to collect them effectively.

In addition to securing witness statements and requesting police reports, a bicycle accident law firm can subpoena important documents, like surveillance footage, that you may not have access to alone. They can also bring in accident reconstruction experts and medical professionals to strengthen your case. Their negotiation skills compel insurance companies to take the evidence seriously, giving you the best chance at fair compensation.

Ready to Build Your Case? We Can Help

The team at Bakerink, McCusker & Belden knows how overwhelming the aftermath of a bicycle accident can be. With over 35 years of legal experience and a solid track record, we’re here to provide the expert legal guidance you need. We pride ourselves on offering dedicated, compassionate representation to every client. If you’ve been in a bicycle accident and need help gathering evidence to prove fault, contact us today for a free consultation in Tracy, CA.

Understanding Your Legal Rights After a Dog Bite in California

Getting bitten by a dog is a jarring experience. Not only do you have to deal with the physical pain, but there are also legal and financial concerns to navigate. Fortunately, if you’ve been bitten by a dog in California, the law provides protections to help you recover damages. Here’s what you need to know about dog bite incidents, the owner’s legal responsibilities, and how you can take action.

Overview of Dog Bite Incidents in California

Dog bites happen more often than you might think. In California alone, about 48,600 people visited the emergency room for dog bite injury treatment in 2022. Whether it’s a seemingly friendly neighbor’s dog or an unfamiliar one, bites can result in serious injuries, from puncture wounds to more severe complications like infections or nerve damage.

One reason for the high number of dog bites in California is the sheer volume of dog ownership, which has grown since the COVID-19 pandemic. With so many dogs and people living in close quarters, it’s no surprise that bites are relatively common. Still, the injuries caused by a dog bite can lead to medical bills, lost wages, and emotional distress. That’s why it’s important to understand your rights and how the law works when these unfortunate incidents occur.

California’s Strict Liability Law for Dog Bites

California has some of the strictest dog bite laws in the country, following what’s known as “strict liability.” This means dog owners are responsible for injuries their pet causes, even if the dog has never been aggressive before. It’s a solid legal protection for dog bite victims because it eliminates the need to prove negligence.

Under California Civil Code Section 3342, the dog owner is legally responsible for the victim’s injuries if their dog bites someone while in a public place or lawfully in a private place (including the owner’s property). This means the owner (or, more likely, their insurance company) must pay for the victim’s medical bills, lost income, and pain and suffering damages. This is true even if the dog had no prior history of biting and the owner claims they had no idea their pet was dangerous.

How and Where to Report a Dog Bite

Reporting the incident is one of the first steps to take if you’ve been bitten by a dog. Contact your local animal control agency or the police department to explain what happened. Provide a description of the dog, where the incident took place, the bite’s location on your body, and the owner’s contact information, if known.

Animal control will typically conduct an investigation and may quarantine the dog to check for rabies. Reporting the bite helps authorities track dangerous dogs and ensures public safety. Having a formal report on file is also valuable if you decide to file a dog bite lawsuit. It serves as evidence that the bite occurred and that the dog in question was involved.

Dog Owner Responsibilities Under California Law

Besides being held responsible if their dog bites someone under the strict liability law, dog owners in California have certain legal responsibilities to protect others from harm. For example, owners are required to ensure their dog is not a danger to the public. This includes keeping the dog on a leash in public places and securing their property so the dog cannot escape.

If a dog is labeled as “dangerous” or “vicious” after an attack, the owner faces stricter requirements. This could mean keeping the dog muzzled in public or placing warning signs on the property. In extreme cases, the dog may be removed or euthanized.

Seek Legal Guidance if You’ve Been Injured

If a dog has bitten you, consult a dog bite lawyer to review your options. An experienced attorney can help you file a lawsuit and negotiate with the owner’s insurance company. While the law is on your side as a dog bite victim, be aware that insurance companies may try to minimize your claim or make a low settlement offer. A dog bite attorney will help you fight back against these tactics. Just remember, there’s a time limit (statute of limitations) to file a dog bite lawsuit in California, so don’t wait long to seek legal advice.

Contact Our Dog Bite Law Firm in Tracy, CA

At Bakerink, McCusker & Belden, we understand how overwhelming a dog bite injury can be. With over 35 years of legal experience and consistently ranked among the “Best of Tracy,” our dog bite injury lawyers provide the expert legal guidance you need. Our dedication to providing ethical and professional representation is second to none. If you have suffered a dog bite, contact us for a free, no-obligation consultation. Our team is ready to fight for the compensation you deserve.

How Is Fault Determined in a California Motorcycle Accident?

Riding a motorcycle on California’s scenic roads is a thrilling experience, but it also comes with risks. Motorcycle accidents can be devastating, and determining who’s at fault is the key to holding the right party responsible. Learn how fault is determined in motorcycle accidents, why these matters, and how a motorcycle accident lawyer can help.

Defining Fault

Establishing fault in a motorcycle accident means identifying which party is to blame, either by acting negligently or with malicious intent to cause harm. This important step declares who is financially responsible for damages and injuries. For accident victims, determining who’s at fault could make the difference between being fairly compensated and shouldering the burden of medical bills, motorcycle repairs, and other expenses.

In motorcycle accident cases, the blame could fall on several parties: the motorcyclist, another driver, or even a third party like a motorcycle manufacturer or government entity responsible for road maintenance. Because of this, determining fault isn’t always straightforward. That’s where having a solid understanding of the process—and possibly hiring a lawyer—comes into play.

Determining Fault in a Motorcycle Accident

Fault is determined by analyzing various pieces of evidence gathered from the crash scene. Here are the primary ways you can prove which party was at fault:

• Witness statements: Eyewitnesses can provide firsthand information on how the accident happened, including the actions of the motorcyclist and other drivers.
• Police report: The responding officer’s assessment of the scene and any citations they issue are prominent factors in determining fault. The police report is often a pivotal document in motorcycle accident cases.
• Photographic evidence: Pictures of the accident scene, vehicle damage, and injuries may prove invaluable. If possible, take photos right after the crash.
• Camera footage: In some cases, dashcams and cameras at intersections or mounted on buildings capture the accident, providing clear proof of exactly what happened and who was at fault.
• Expert testimony: Accident reconstruction specialists may be called upon to analyze the scene and give their expert opinion on how the accident occurred.

Remember, you should never discuss fault with the other driver or your insurance adjuster. Admitting fault, even informally, can come back to haunt you. Let your motorcycle accident attorney handle the details of fault with insurance companies and in court.

Comparative Negligence in California Motorcycle Accidents

California follows a comparative negligence rule, meaning fault can be shared between parties. Under this system, each party involved in the accident is assigned a percentage of the blame. Don’t worry—even if you are partially responsible for the accident, you can still recover damages, though your compensation will be reduced by your percentage of fault.

For example, imagine a motorcyclist is found to be 20% at fault for speeding, while the other driver is 80% at fault for making an illegal turn. In this scenario, the motorcyclist’s total compensation would be reduced by 20%.

Examples of Shared Faults in Motorcycle Accidents

• Speeding: If both the motorcyclist and the other driver were speeding, they may share fault.
• Improper lane changes: If the motorcyclist was speeding while the other driver made an unsafe lane change, both could share responsibility.
• Not using turn signals: If a motorcyclist fails to signal and a car turns without checking, both may bear some fault.
• Ignoring traffic lights: If a motorcyclist runs a red light as a car makes an illegal turn, they are both partly responsible.
• Unsafe lane splitting: California is the only state where lane splitting is legal. However, strict rules apply. If a motorcyclist travels more than 10 mph faster than the surrounding traffic, and nearby vehicles are traveling over 30 mph, such recklessness could make them partly to blame.

How a Motorcycle Accident Lawyer Can Help

Navigating a motorcycle accident case can be complicated. A skilled motorcycle accident lawyer will help you through every step of the process. First, they thoroughly investigate the accident, collecting evidence like police reports, witness statements, and expert opinions. They handle all communications with insurance companies, develop a solid legal strategy, and represent you in court if the insurance company won’t settle. Having a legal expert by your side ensures you won’t make mistakes that could reduce your compensation, like admitting fault or miscalculating the value of your claim.

Contact Our Motorcycle Accident Law Firm

If you have sustained motorcycle accident injuries in California, turn to Bakerink, McCusker & Belden. We have over 35 years of experience helping accident victims in Tracy, CA, and the San Joaquin County area. Our dedicated legal team has consistently ranked among the “Best of Tracy” and holds a prestigious Martindale-Hubbell® BV Distinguished® rating for our expertise and ethical standards. Contact us today for a free, no-obligation consultation so we can begin building your motorcycle accident case.

Will vs. Living Trust vs. Living Will—What’s the Difference?

What is a Will?

A will outlines how you wish your assets and affairs to be handled after your death. It specifies who will receive your property, who will care for any minor children, and who will be responsible for executing your wishes. A will only takes effect after you pass away and must go through the probate process, where the court supervises the distribution of your estate. Wills are publicly available records, meaning anyone can look up the information they contain.

What is a Living Trust?

A living trust, or revocable living trust, is a legal arrangement where a trustee holds and manages your assets during your lifetime. Unlike a will, a living trust takes effect immediately upon creation. You can manage and benefit from these assets while you’re alive, and upon your incapacitation or death, they transfer to your beneficiaries according to your instructions without going through probate. This key benefit of a living trust speeds up the process, costs less, and provides privacy for your family.

What is a Living Will?

A living will is very different from a traditional will. Also known as an advance health care directive, this document outlines your wishes regarding medical treatment if you become incapacitated. It’s focused on your health care preferences rather than the distribution of your assets, covering decisions such as whether you want life-sustaining treatments, resuscitation, or pain management in certain medical situations.

Key Differences Between a Will, Living Trust, and Living Will

Purpose:

• A will manages asset distribution and guardianship after death.
• A living trust manages assets during life and after death.
• A living will directs medical care preferences when incapacitated.

Activation:

• A will becomes effective upon death.
• A living trust is effective immediately upon creation.
• A living will is effective when you’re unable to communicate your medical preferences.

Probate:

• A will is subject to probate.
• A living trust avoids probate.
• A living will is not related to probate or asset distribution.

Flexibility:

• A will can be updated any time before death.
• A living trust can be altered or revoked during your lifetime.
• A living will can be updated as long as you’re competent.

Choosing the Right Option for Your Needs

Selecting between a will, a living trust, and a living will depends on your unique circumstances and goals. Here are some considerations to help you decide:

• If you want a straightforward way to outline your final wishes and appoint guardians for your children, a will might be the best choice.
• If you wish to avoid probate, ensure seamless asset management, and maintain privacy, a living trust could be more suitable.
• If you want to ensure your healthcare preferences are followed when you can’t communicate them, a living will is a must.

Dying Without a Will or Living Trust

If you die without a will, known as dying “intestate,” your loved ones may face unintended complications. State intestacy laws will dictate how your assets are distributed, usually to the closest family members, but the specifics vary by state. Without a will, there is no named executor, so the court will appoint an administrator to manage the distribution of your assets. This process can be lengthy and stressful for your family, possibly causing disputes and delays in settling your estate.

Benefits of Professional Legal Advice

Creating the most advantageous estate plan is complicated. Having a knowledgeable attorney makes the process smoother and more effective. Professional legal advice provides customized solutions that reflect your specific needs and goals. You’ll receive expert guidance in navigating the legal requirements and potential pitfalls of estate planning for peace of mind that your documents are correctly prepared and legally enforceable.

Contact Bakerink, McCusker & Belden Today

You don’t need to be rich and famous to benefit from a will, a living trust, or a living will. Even if you are of modest means, you should create an estate plan if you have specific wishes about your end-of-life decisions, asset distribution, and child guardianship.

Bakerink, McCusker & Belden would be honored to help you craft or update your estate plan to meet your wishes. We have over 35 years of legal experience to guide you through your estate planning needs. Whether you need a will, a living trust, or a living will, our experienced attorneys are here to provide the legal guidance you deserve. Contact us today for a free, no-obligation consultation in Tracy, CA. We’ll help you plan for the future with confidence.

How to Select the Right Estate Planning Attorney for Your Needs

What is Estate Planning?

First things first—what is an estate plan, and why do you need one? Estate planning involves financial preparations in the event of your incapacitation or death. The core documents involved in estate planning include wills, trusts, powers of attorney, and living wills. A good estate plan appoints an administrator to carry out your wishes, determines beneficiaries to inherit your assets, and takes steps to minimize estate taxes.

The Importance of Choosing the Right Attorney

Not all attorneys are equally qualified or experienced in the areas where you require assistance. The decisions you make during the estate planning process will affect your family’s financial security and peace of mind once you’re gone. Estate planning involves complex legal and financial issues requiring specialized knowledge to navigate successfully. Expect an experienced attorney to provide personalized advice based on your specific situation.

Remember, estate planning is not a one-time event but a process that requires updates and adjustments as your circumstances change. Therefore, having a lawyer you can trust and build a long-term relationship with is essential. Proper planning also helps avoid common pitfalls and mistakes that could result in financial losses or legal issues, making your choice of attorney a vital decision for your family’s future.

Qualifications to Look for in an Estate Planning Attorney

Take your time when finding the right estate planning law firm in Tracy, CA. Your decision should be based on far more than a quick internet search. Here are the most important qualifications and attributes to consider.

Experience and Specialization

Experience is a crucial factor when selecting an estate planning attorney. Look for a professional who has been practicing law for a minimum of five years to ensure they have handled a variety of cases. For the best results, the lawyer should specialize in estate planning to ensure they know the latest laws and tax strategies.

Certifications

Look for an attorney who has been certified as a specialist in Estate Planning, Trust & Probate Law by the State Bar of California Board of Legal Specialization. This is a California Supreme Court-approved method of certifying attorneys as specialists in certain areas.

Reviews

Reading online reviews provides valuable insights into an attorney’s service quality and client satisfaction. As you gauge past clients’ experiences, look for consistent praise of good communication, professionalism, and results.

Ethical Standards and Professional Ratings

High ethics are essential when choosing an estate planning attorney. A Martindale-Hubbell® BV Distinguished® rating indicates that the lawyer has demonstrated high ethical standards and professional excellence. Also, check your state’s bar association website for any history of disciplinary actions against the attorney. A clean record and strong reputation in the legal community provide peace of mind that you’re working with a trustworthy professional.

What to Expect at Your Initial Consultation

Your first meeting with an estate planning attorney is an opportunity to assess whether they are a good fit for your needs. To make the most of this consultation, it’s important to come prepared. Bring financial statements and any previous estate planning documents, including wills and trusts. During the consultation, be ready to discuss your family, financial situation, and estate planning goals. This discussion will help the attorney understand your circumstances and tailor their advice accordingly.

It’s also important to ask questions about the attorney’s experience, fee structure, and approach to estate planning. Understanding how they will handle your case and the costs involved helps you make an informed decision. As you ask these questions, note your comfort level with the attorney. You should feel at ease and confident in the attorney’s abilities to manage your estate plan.

Why Choose Bakerink, McCusker & Belden for Estate Planning?

Estate law is complex. Unless you have an incredibly simple estate, you probably need a lawyer to help you make the best decisions and create documents that will hold up over time. That’s where the team at Bakerink, McCusker & Belden comes in.

We have over 35 years of legal experience providing the guidance our clients need and deserve. Our law firm is consistently ranked among the “Best of Tracy” and holds a distinguished rating from Martindale-Hubbell. We offer personalized and passionate legal support for all your estate planning needs. Contact us today for a free, no-obligation consultation in Tracy, CA, and let us help secure your family’s future.

What Injuries Can Cause Death in a Car Accident?

Which Car Accident Injuries are Most Commonly Fatal?

Certain injuries from car accidents are more likely to result in death than others. Here are some of the most common fatal injuries:

• Head injuries: Traumatic brain injuries, concussions, skull fractures, and contusions cause a majority of car accident deaths. These injuries can occur when the head strikes the steering wheel or another hard surface, causing the brain to shake within the skull. These injuries can lead to severe brain damage, coma, or death.
• Spinal cord injuries: The spinal cord connects the brain to the rest of the body, so damage here can result in paralysis or death.
• Internal bleeding: This type of injury occurs when the impact from a car accident causes blood vessels or organs to rupture. The danger lies in the fact that internal bleeding isn’t always immediately visible. By the time symptoms appear, it might be too late to save the victim.
• Chest injuries: Damage to the heart, lungs, and major blood vessels can be fatal. The force of a collision can fracture ribs and puncture internal organs. Blunt trauma to the chest can also cause cardiac arrest.
• Severe burns: Car accidents sometimes result in fires or explosions, leading to severe burns covering large areas of the body, which can be fatal.

Which Car Accident Types Result in the Most Deaths?

Certain types of car accidents are more likely to result in fatalities due to the nature of the impact and the forces involved. These include:

• Head-on collisions: This is when two vehicles traveling in opposite directions crash into each other front-first. These accidents are often fatal due to the speeds involved and the fact that the car’s front end, where the driver is seated, bears the brunt of the impact.
• T-bone accidents: Also known as side-impact collisions, T-bone accidents happen when the front of one vehicle crashes into the side of another. These accidents are particularly dangerous for the occupants on the side of the car that gets hit.
• Rollover accidents: Rollovers involve a vehicle flipping onto its side or roof. These accidents can be particularly deadly due to the potential for occupants to be ejected from the vehicle if they are not wearing seatbelts.
• Rear-end collisions: While generally less fatal than other accidents, rear-end collisions can still result in deaths, especially at high speeds. Fatalities are more likely if the rear-ended vehicle is pushed into oncoming traffic or other obstacles.
• Multi-vehicle pileups: Highways are the most common places for multi-vehicle pileups. These accidents are particularly deadly due to the high speeds at which they usually occur, the multiple impacts some cars sustain, and the difficulty for emergency responders to reach and treat victims quickly.
• Pedestrian, bicycle, and motorcycle accidents: Collisions involving victims who are not inside a car are often fatal due to the lack of protection. When a vehicle strikes a pedestrian, bicyclist, or motorcyclist, the force of the impact can cause life-threatening injuries, especially if the collision occurs at high speed.

What Steps Should I Take If a Car Accident Kills My Loved One?

Losing a loved one in a car accident is devastating. Here’s how to navigate this difficult time:

• Seek immediate medical help to get first responders on the scene. These professionals can confirm the death and provide any necessary documentation.
• Report the accident to the police and make sure a thorough investigation is conducted. Obtain a copy of the police report for future reference.
• Document the scene and gather contact information from witnesses.
• Notify your insurance company about the accident and the death of your loved one.
• Consult a car accident attorney who can guide you through the legal process and help you file a wrongful death claim.

Does Hiring a Car Accident Lawyer Help?

Relying on a car accident lawyer after losing a loved one in a car accident eases the burden during this difficult time. A lawyer can help you conduct a thorough investigation, gather evidence, and work with experts to build a strong case. Their negotiating skills help ensure fair compensation for your loss and reduce the chance of ending up in court. Even so, if your case goes to trial, a lawyer will represent you to achieve the best possible outcome.

Get Experienced Legal Help from a Car Accident Attorney in Tracy, CA

Nothing compares to losing a loved one in a tragic car accident. Bakerink, McCusker & Belden can support you legally and emotionally as we help you fight for justice. If your loved one was killed in an auto collision, contact us at (209) 835-9592 to request a free consultation. We’ll put our 35 years of legal experience to work for you