California Accident Compensation Laws

Along with all the glorious perks of living in the Golden State, including year-round good weather, breathtaking scenery, and our world-famous wineries/ vineyards, Californians also must deal with some of the nation’s worst traffic. And with all those cars packing the roads, accidents are common place.

This means drivers should be aware of at least the basics of California accident compensation laws, but often aren’t. This short article walks you through a breakdown of the most important aspects of our state’s laws pertaining to accident compensation.

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Basic Negligence Rules

California is an “at fault” system, which means that if you are in a car accident you must show fault on the part of the other driver if you want to successfully seek compensation. California is also a “pure comparative negligence” jurisdiction. This distinction means that a court of law will proportion out responsibility for shouldering the cost of an accident based upon a liability percentage assigned to each driver.

Here is an example: If Driver #1 suffers $10,000 worth of damage in a car accident but a judge or jury finds that they are 10% at fault for the accident, while Driver #2 shoulders 90% of the blame, then Driver #1 would only be awarded $9,000 in damages. This is pure comparative negligence. Of course, if Driver #1 is found to be blame-free and Driver #2 is found to be entirely at fault, then the first driver could be awarded the full $10,000.

Statute of Limitations

A statute of limitations is a set and proscribed deadline for bringing your lawsuit in a court of law. With limited exceptions to the rule, when a plaintiff has an otherwise valid claim but fails to file a lawsuit within the requisite time-period, the claim will fail as a matter of law. Hence you will be prohibited from bringing your lawsuit against the at-fault driver. Here are some examples of the statutes of limitations in California that pertain to car accidents:

Personal injury claims: 2 years

Property damage claims: 3 years

Claims against a government agency: 6 months

Since it takes a good deal of preparation to get ready to file a lawsuit, it is very important that you immediately consult for a FREE EVALUATION with a Santa Rosa, San Rafael, Petaluma, Windsor and Napa North Bay California car accident lawyer as soon as possible after a car accident.

medical bills

Types of Damages

Car accidents can produce a variety of both economic and non-economic damages. Here are examples of each:

Economic damages are easily measured in money or cost, and include property damage, past and future medical care related to the accident, and lost wages calculated from time you cannot be at work while recovering from your injuries.

Non-economic damages cannot be easily measured in terms of money, and include pain and suffering, disability, disfigurement, and emotional distress.

If you or a loved one have been hurt in a car accident there is no time to waste. Since California’s statute of limitations impose a deadline on filing your claim in a court of law, you’ll want to call one of our qualified, experienced and highly skilled Sonoma, Marin or Napa County car accident lawyers at Fiumara & Milligan Law as soon as possible to get a free consultation and evaluation of your case. Our phone number is 707-571-8600 but in San Francisco and Marin County you may reach us at: 415-492-4507.

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Call us today to find out how we can help—”THE RIGHT ATTORNEY MAKES ALL THE DIFFERENCE.” We have been getting the maximum compensation for satisfied clients since 1992.  We want to make a difference in your case!


Common Causes of Pedestrian Accidents in Santa Rosa

With the recent news of three fatality pedestrian related accidents at the same intersection in Santa Rosa, we thought it was the right time to highlight some details of this area of personal injury.

Each year, according to the National Highway Traffic Safety Association, nearly 5,000 pedestrians die in motor vehicle related accidents.

Every time you walk in the same vicinity as moving vehicles, you run the risk of encountering one and suffering injuries. Sometimes this may be the fault of the vehicle, and sometimes the fault of the pedestrian.

When a pedestrian is injured by a vehicle, they are entitled to damages after it is proven that the moving vehicle was at fault or negligent. The truth, is that several parties or entities can be held liable for causing these types of accidents.

In these instances, the parties involved in the accident collision may owe a duty of care to the other and vice versa: Here are ways in which both parties have duties that they owe to each other:

Driver’s Duty of Care: Drivers have a duty to act with care and caution when accelerating on the roadways and operate their vehicle safely and within the confines of the standards contained within the CA Vehicle Code. This means the driver must always exercise reasonable care in operating their vehicle.  If their failure to do so causes an accident, this is the basis for negligence. Some of the biggest factors in driver negligence include distracted driving, speeding, failing to yield to pedestrians, disobeying traffic signs, disregarding weather conditions, and driving under the influence.

Pedestrian’s Duty of Care: You may not realize it, but pedestrians too must also exercise reasonable care for their own safety when walking in a crosswalk or anywhere they may have contact with a vehicle. If a pedestrian was not utilizing care and a driver hit them, contributory negligence may come into play. This means that they contributed to the cause of their own injuries. Some of the most common examples of this occurring is: ignoring the walk signal at an intersection, entering traffic without warning or just too quickly, failing to use crosswalks, or darting in front of a moving vehicle.

Pedestrians must pay attention and cannot be distracted by wearing buds in both ears, and recently enacted laws prohibit pedestrians from using their cell phones when using a crosswalk.  

The Common Causes of Accidents

There are many reasons why these injury-causing and sometimes-fatal accidents occur. You may not have known it, but most of accidents happening involving pedestrians occur in the roadway, with most of them occurring on more urban streets with heavy traffic and heavy volume.

In some instances, poor street lighting or a lack of lit crosswalks altogether, for pedestrians contributes to an injury fatality.  Poor engineering and design by the public entity may be determined to be a contributing factor or the primary cause of a pedestrian accident especially if there is a pattern of fatality accidents at the same intersection, corner or crosswalk. 

Speed is almost always a factor in pedestrian accident cases for one reason or another, but in the case of a poorly designed crosswalk coupled together with a faulty signalization a pedestrian may not have had the opportunity to safely maneuver the crosswalk. Poor signage and limited access or a lack of a median has been determined to be a contributing factor or the main cause for a pedestrian accident whether in the crosswalk or outside that safety zone.  In conclusion, there are many factors that determine the cause and severity of crosswalk and pedestrian accidents. Therefore, our law firm handles these cases very carefully by hiring the best and most respected expert safety engineers who can take recreate what really occurred.

Here are the most common causes of pedestrian and crosswalk accidents:

Unmarked Crosswalks: There are many pedestrian accidents that happen at intersections. However, using a crosswalk will lessen the chance of this happening. When a crosswalk is clearly marked, the likelihood of an accident greatly decreases.

Left-Hand Turns: Unfortunately, a crosswalk won’t protect pedestrians every time. The statistics show that three times as many pedestrians will be hit by vehicles turning left than by those turning right because both parties are looking in different directions. The drivers pay more attention to the intersection and the pedestrian is looking straight ahead in many cases, leading to accidents.

Electronics: You may think that drivers are the only ones’ texting, but this is not the case. In fact, studies showed that 8% of accidents occur while pedestrians are using cellphones and music devices.

Dark Clothes: 70% of pedestrian accidents happen at night due to inadequate lighting and dark clothing worn by the pedestrian. Inadequate lighting and dark clothing is a deadly combination in these cases.

Alcohol Use: Drivers and pedestrians alike will sometimes make the foolish decision to use the roadways and crosswalks after consuming alcohol.  Many fatal accidents occur after a pedestrian consumed alcohol and had their judgment impaired.

Now that we understand the many causes of most pedestrian accidents, we can work to change things for the better. By working together, we can prevent these serious or fatal pedestrian and crosswalk accidents from happening in the first place.

At Fiumara and Milligan Law, we care about you and your case. Call us today at 707-571-8600 if you have been injured in a pedestrian or crosswalk accident and need our help.

We have helped others injured or killed in pedestrian and or crosswalk accidents throughout the North Bay and we can help you too.

CLICK HERE to see a sample of one of our pedestrian accident victories.


Why Do Insurance Companies in California Offer Low Settlements?

If you have been injured in an accident due to the fault of another party, you may be entitled to compensation for your damages through a personal injury claim or lawsuit.

Throughout your claim, you may find that the insurance company you are pursuing compensation from is offering you significantly less than the damages and or injuries that you sustained.

santa rosa injury attorney

This is not uncommon. Repeatedly, personal injury victims just you are subject to the same shoddy and unprofessional treatment or low-balling.  This is why you need a personal injury law firm like Fiumara and Milligan Law to help you through the claims process.

Insurance Companies are Preoccupied About Their Bottom Line

There is a common misunderstanding that insurance companies exist to reasonably settle claims for people who have suffered injuries, damages, and losses due to an accident.

They are in business to make a PROFIT and their first allegiance is to their stockholders. While it is true that insurance companies contribute to the overall compensation that victims receive the amount that they contribute initially is almost never enough. 

Much like any large corporation, insurance companies exist for one reason: to make money for their shareholders. Because they are beholden to these shareholders, the less money they pay out to you in claims means more profit, bonuses and dividends for their shareholders and executive board members.

In the end, the main goal of an insurance company is to reduce a settlement’s claim value as much as possible to increase their profits. To do this, they will use tactics and carefully planned strategies throughout your claim process to offer you the lowest possible settlement in hopes that you will accept it—many people do just that or give up—BUT NOT US!

santa rosa personal injury lawyer

Minor Cases are Vulnerable

If you are involved in an accident but only suffer “minor injuries” such as whiplash, contusions or abrasions you may be subject to receiving exceptionally low settlement offers because taking your case to trial won’t make economic sense for an attorney. This is usually the case in car accidents when the damage to a vehicle is minor, and whiplash or a similar injury was the only injury that was sustained.

In this situation, the insurance company fully understands that the attorney fees will likely exceed the money that the attorney would reasonably expect to make on the case. Because of this calculation the attorney and the claimant lose much of the leverage that they could have for a more serious injury case.

Revealing Too Much Information About Your Accident and Injuries

If you have been in an accident due to the negligence of another party, you should expect to be contacted by an agent of that party’s insurance company. One of the biggest mistakes that we see injured parties make during this early stage is to disclose too much information about their accident and their injuries with the opposing insurance company.

We highly recommend that you not speak to anyone about the specifics around your accident or injuries until you have first consulted with Fiumara and Milligan Law about your legal options.

Very often injured plaintiffs such as yourselves, will answer the questions asked of them by opposing insurance companies before the full extent of their damages or injuries are known. When this occurs, your claim can be damaged, and your compensation may be reduced as a result.

Don’t fall for the opposing agent’s request and then receiving your permission to participate in a taped telephone interview with you when you are under the care of a medical provider, in great pain, or on prescribed narcotics and can’t think clearly.

If you have been injured in an accident, do yourself a favor and schedule a FREE & CONFIDENTIAL NO OBLIGATON case evaluation with Fiumara and Milligan Law.

Santa Rosa Personal Injury Law

Handling Your Personal Injury Case Without a Lawyer

Attempting to handle your personal injury case without a lawyer is never a good idea. A common assumption people have is that they will be treated even though they do not have a lawyer.

This almost never the case. Insurance companies will often discourage you from hiring a lawyer for your personal injury claim because they know that you are not well versed in the legal process, the claims procedure and your rights.

Without a lawyer fighting for your rights every step of the way in your case, you will not have the leverage needed to recover FULL and FAIR compensation for you claim.  Don’t make this mistake.

Contact the Fiumara & Milligan Law Firm right away so one of their highly skilled and compassionate attorneys can immediately begin to protect you against unfair insurance offers.


Speak with A Personal Injury Lawyer at Fiumara and Milligan Law Today

Santa Rosa personal injury attorneys Michael A. Fiumara and Justin O. Milligan are experienced personal injury lawyers in Sonoma County that know how to deal with insurance companies. They will be there every step of the way to ensure that your rights are protected.

Call us today at 707-571-8600 and find out how we can help you!

Please see our dedicated personal injury page, CLICK HERE

Fourth of July Drowning Accidents in Northern California

As Independence Day gatherings of family and friends approach, it becomes increasingly important to be aware of the risk of child drowning incidents around pools and bodies of water.


Child Drowning Statistics

According to the U.S. Consumer Product Safety Commission (CPSC), an average of 26 children each year die in drowning incidents on the Fourth of July over the past three years in the United States.

In the United States accidental drowning is the second highest cause of death for children under the age of 14 right after traffic related accidents so it is a very real threat and must be taken seriously.

There has typically been a significant increase in the number of child drowning on this holiday each year, and there are several important steps that parents and guardians should take to avoid child accidents in the water.

Preventing Childhood Drowning

Below is an excerpt from the Pool Safely website with some safety tips and advice for parents and guardians:

Fiumara and Milligan Law reminds all families to take the following steps to ensure that their time at the pool is safe for everyone – not just during the July 4th holiday, but all year long:

-Stay Close, Be FULLY Alert and Watch Children in and Around the Pool.

-Never leave a child unattended in a pool or spa and always watch your children closely around all bodies of water, a child can easily drown in a few inches of water.


-Designate a water watcher to supervise children in the pool or spa. This person should not be reading, texting, using a smart phone or otherwise distracted. Adults can take turns being a Water Watcher—This is just a critical as a “DESIGNATED DRIVER” as in DUI!

-Teach children basic water safety tips. When in a boat always fit your child with a safety jacket.

-Keep children away from pool drains, pipes and other openings to avoid entrapments.

-Never swim alone. Have your child swim with others in pairs.

-Have a telephone close by when you or your family are using a pool or spa.

-If a child is missing, look for him or her in the pool or spa first.

-Share safety instructions with family, friends and neighbors.


 Learning and Practicing Water Safety Skills

-Learn how to swim and teach your child how to swim.

-Learn how to perform CPR on children and adults, and update those skills regularly.

-Understand the basics of life-saving so that you can assist in a pool emergency.

-Before sending your child to a swimming camp or any camp this summer check out their safety record and make sure that their staff and lifeguards are certified and attentive.

 Having the Appropriate Equipment for Your Pool or Spa

-Install a four-foot or taller fence around the perimeter of the pool and spa and use self-closing and self-latching gates; ask your neighbors to do the same at their pools.

-Install and use a lockable safety cover on your spa that is sturdy enough for a child’s weight.

-If your house serves as a fourth side of a fence around a pool, install and use a door or pool alarm.

-Always use pool and spa covers and maintain in good working order.

-Ensure any pool and spa you use has drain covers that comply with federal standards.  If not sure then ask your pool service provider.  Find out if these comply with the law.

-Have lifesaving equipment such as life vests, life rings, floats or a reaching pole available and easily accessible.


For more info on drowning and swimming pool accidents in the North Bay, please call Fiumara and Milligan Law at 707-571-8600 OR 415-492-4507 for a FREE case evaluation.

CLICK HERE for more info on drownings and swimming pool accidents in the North Bay and how Fiumara and Milligan Law can help!


Being hurt in a car accident can really throw a wrench in the gears of your life.

Aside from excruciating physical and emotional pain during your recovery and the frustration of lessened mobility and time away from work, you will also likely be faced with an enormous financial burden due to your resulting medical treatments.

medical bills

But who pays for these medical bills?

While an injury settlement or verdict at trial is something to look forward to it will take several years.  So, what do you do in the short run to help you cover your ever-increasing medical bills and costs?

Medical Payment Insurance Coverage: Many drivers in states that operate under traditional fault-based car insurance systems have medical payment insurance coverage, also known as “med pay.”

Med pay coverage will pay the medical bills of drivers and passengers injured while riding with the insured person up to the limits of the policy, which is usually less than $10,000. If your expenses exceed your policy’s limit, you will be responsible for paying the difference.

Many of our injured clients do not have med pay coverage and so they must rely exclusively on their own private medical coverage whether it be Kaiser, Blue Shield, Health Net, et al. Some clients without insurance must then apply for mediCal if they qualify.

The problem with this scenario is that your insurance company will have their hand out and want to be reimbursed from your settlement or verdict recovery.  But we know how to reduce their liens and handle this matter for our clients so they end up with more money in their pockets.

medical bills

Health insurance: If you do not have med pay coverage, or if your medical bills exceed its limits, your health insurance will cover your costs as the bills come due.  AGAIN, It’s important to note, however, that if your health insurer pays for your medical expenses, they may be entitled to reimbursement for these expenses out of your eventual settlement.

Medicare: Medicare will pay for the medical bills of eligible individuals as they are incurred. Like health insurance, Medicare is also entitled to reimbursement but usually at a much lower amount. However, this is a double sword in that low medical bills translates into an overall lower settlement.

Medicaid: Medicaid is a federal program which assists states in providing health insurance to people with low incomes. If you receive health insurance through a state-run program and are injured in an accident, that program will pay your medical bills. Again, like health insurance and Medicare, Medicaid is entitled to reimbursement for these costs.

Workers’ Compensation: If your car accident occurred during the scope of your occupation, your employer’s workers’ compensation insurer will likely cover all your medical expenses, rehabilitation costs, and transportation costs for all travel to and from your medical appointments.

medical bills


Unfortunately, dealing with insurance companies of any kind after a car accident can prove to be a long uphill battle.

If you have been injured in a car accident in Sonoma County, Marin County or anywhere throughout the North Bay, the personal injury attorneys at Fiumara and Milligan Law are here to help you 24/7. Call our office and one of our operators will connect you to an experienced personal injury attorney.  

Road Safety Tips to Avoid a New Year’s Car Accident In The North Bay

With compassionate guidance backed by 40+ years of combined personal injury experience, we can handle all the negotiations with the involved insurers on your behalf and work to make sure you receive access to the best medical treatment and reimbursement you deserve.

“The Right Personal Injury Attorney Makes All the Difference”

How to Win a School Expulsion Hearing in California

School expulsion is a black mark on a student’s record.

Students who are expelled not only have to attend a school out of the district, but an expulsion could also impact their ability to get into colleges, the military and the record often times comes up on background checks.

That is why you need to know that every student who is recommended for expulsion is entitled to a school expulsion hearing under the CA Education Code.

Santa Rosa education lawyer

At an expulsion hearing, you have the right to be represented by an attorney, but unlike in a criminal case, an attorney will not be provided to you if you do not hire one. If you want to win an expulsion hearing, you should speak to an experienced expulsion lawyer who can aggressively advocate for your minor child.

At Fiumara & Milligan Law, we have handled and Won numerous school expulsion cases throughout Sonoma County and Marin County for over 25 years. We know what it takes to WIN for our clients!

How School Expulsion Cases Work

Under California Education Code Section 48900, a student can be expelled for any number of reasons, including:

-Causing physical injury to another person

-Possessing a dangerous object

-Using or selling illegal substances

-Bullying, assault and battery

-Sexual assault crimes

However, once a student is recommended for expulsion, he or she has the right to request a a school expulsion hearing.

The hearing can be conducted by the governing board of the student’s school district, a panel of three appointees, the county hearing officer or an independent hearing officer.

At the hearing, testimony from any witnesses, including other students and teachers is heard. All rules of evidence are relaxed which gives a false impression that this is an informal proceeding, but it is not.

Santa Rosa education lawyer

How to Win a School Expulsion Hearing

The best thing you can do if you wish to obtain a favorable result at a school expulsion hearing is contact an experienced attorney to represent you and your minor child at the hearing. An expulsion hearing has some of the same aspects of a regular criminal trial, but not quite.   So you will want to be represented by someone who has years of experience successfully arguing for clients.

How can an experienced attorney make a difference at your school expulsion hearing?

First, your expulsion lawyer will interview you or your child about the alleged incident.  After learning the facts of the case, your attorney could determine whether the rights of the student have been violated based upon the strict timelines and procedures enacted in the CA Ed. Code.  

Minors in school have certain rights, but they are often violated by school officials or police at school. If your child’s rights have been violated, your lawyer may be able to get the recommendation for expulsion overturned or modified to a suspended expulsion instead.

Additionally, your school expulsion attorney will attempt to work with school and district officials to fashion a contract or a suspended expulsion agreement that avoids the harsh result and an adverse permanent record of an expulsion.  There are many options that may be agreeable to both the student and the school rather than going through the agonizing and protracted school expulsion hearing process.

Santa Rosa education lawyer

If an agreement can’t be reached, your lawyer will fight zealously on your behalf at the expulsion hearing. Your lawyer will attempt to present evidence and witness testimony that highlights your child’s good character and reputation while attacking the credibility of the accusations against him or her.

This approach often shows the administrators who hear these types of cases that there are less drastic alternatives to school discipline than an expulsion. 

Experienced school expulsion hearing attorneys in our law firm insist that school district administrators and teachers first exhaust other alternatives before expelling pupils under: 

Educ. Code §48900.5.

Suspension shall be imposed only when other means of correction fail to bring about proper conduct. However, a pupil, including an individual with exceptional needs, as defined in Section 56026, may be suspended for any of the reasons enumerated in Section 48900 upon a first offense, if the principal or superintendent of schools determines that the pupil violated subdivision (a), (b), (c), (d), or (e) of Section 48900 or that the pupil’s presence causes a danger to persons or property or threatens to disrupt the instructional process.

Santa Rosa education lawyer

Contact the School Expulsion Attorneys at Fiumara & Milligan Law Today

If your child is facing expulsion from school, you should contact an experienced school expulsion attorney immediately.

At Fiumara & Milligan Law, our skilled and knowledgeable lawyers have over 25 years of experience successfully representing clients facing expulsion from school. We’ve helped hundreds of students in their time of legal need, and we can help you or your child now.

Call us now at 707-571-8600 OR 415-492-4507 for a FREE consultation. We will get through this together.

For more info on Education law and how we can help you, CLICK HERE.

Judicial Council Rule, 5.664, Takes Effect July 1

The rule and the commentary around it are at:

The consensus about the training is that nobody is going to go around policing PUBLIC DEFENDERS OR PRIVATE JUVENILE DEFENDER offices or other offices to see what they are doing in terms of training for assignments, but COURTS can ask individual ATTORNEYS about training as specified in the rule.  It will probably play out differently in different courts.

Some COURTS may demand that every lawyer appearing before them must fill out the Judicial Council form with respect to training, and others may not.  In counties that do not have defender offices, there will probably be discussions about how to assure that someone is always available who is qualified and trained to represent youth.

santa rosa juvenile crimes lawyer

Again, longstanding practices will probably take a while to change in many places, but the hope is that they will change toward having sufficiently trained juvenile attorneys to cover juvenile hearings and appearances.   The requirements are not that difficult to meet, so a lot of this will be a cultural change both for the COURTS, PUBLIC DEFENDER OFFICES AND PRIVATE COUNSEL….

My hope is that the new Judicial Council Rule, will help to assure that anyone who “stands in” in any juvenile proceeding or hearing has had juvenile specific training.   The practice of “standing in” assumes that there are hearings in which it doesn’t really matter who is there with the minor/ juvenile client.   That simply is not true.  I have seen so many supposedly “routine” stand ins on continuances or review hearings in which something unexpected happened!   You thought it was just a continuance, but it wasn’t.  The lawyer standing in there needs to know the law and respond quickly.

You also need someone trained in interviewing and working with adolescent clients to explain what is going on with the client and to assure that the client’s interests are asserted.

For example, even when it is “just a continuance,” that may mean additional weeks of incarceration for a young person.  You cannot just have any old lawyer present or “standing in” – Counsel needs to be someone who knows the timelines and rules for juvenile cases, and who can clearly explain them to the client so a command of Spanish can be vital if translation and interpretation services are limited as they can be in counties with limited resources.

santa rosa juvenile crimes lawyer

All the staff at Fiumara & Milligan Law, PC Speaks fluent Spanish as does Mr. Fiumara.

We don’t rest upon our laurels—we keep current and on top of cutting edge changes in the law to better serve our clients.  Without our clients, we are not in business. Clients come first at Fiumara & Milligan Law.


Since 1992, Fiumara & Milligan Law, PC has been highly regarded as a full-service personal injury bilingual law firm that specializes in the handling of all major accident and catastrophic injury cases including crosswalk injury accidents and wrongful death.

santa rosa injury attorney

Unfortunately, much too often, drivers do not pay attention to pedestrians in the crosswalk. In the above mentioned case, a 9-year-old girl was crossing Claremont Avenue in Berkeley, California with her mother when she was struck by a car and seriously injured with two broken legs. The girl was in the marked crosswalk but the driver of the vehicle failed to yield!

Whether injured by a vehicle or if there is a property defect, a pedestrian may recover damages for the injuries suffered if someone else’s negligence caused or contributed to the incident as in this case.

santa rosa injury attorney

Here, in the case of the 9 year old girl, the driver who failed to yield, (not acting reasonably), is at fault. Under the law, to establish negligence and fault in a crosswalk or pedestrian accident case the injured party or plaintiff must prove the following in order to prevail:

  1. The driver, (defendant driver) owed a legal duty to the plaintiff, the little girl;
  2. The driver (defendant) failed to fulfill (“breached”) that legal duty through action or inaction-

In this case failing to yield per the CA Vehicle Code;

  1. The driver, (defendant driver) caused the accident or injury (broken bones) involving the plaintiff
  2. The driver, (defendant driver) harmed or injured the plaintiff, (9 year old girl).

santa rosa injury attorney

When a pedestrian is injured in an accident there may be more than one party with legal responsibility for the accident. However, in this case, that is not true, but in general depending upon the circumstances, potential liable parties could include the following:

  1. The driver of the vehicle that strikes the pedestrian as in this case.
  2. The party responsible for maintaining the sidewalk or crosswalk or road or parking lot where the injury accident occurred.
  3. The pedestrian himself or herself—but in this case the 9-year-old girl was accompanied by her mother in a clearly marked crosswalk–there doesn’t appear to be any fault attributed to their actions.

However, we don’t know all the facts because there may have been a defective signal or light or some other extraneous or contributing cause or circumstance? However, in this case, it appears that the driver of the vehicle had negligently operated his vehicle and hence will be legally liable to pay damages for personal and property injury/damage caused by that negligence.

santa rosa injury attorney

Usually the motor vehicle driver is insured and their insurance carrier will eventually pay for all expenses, medical treatment and care related to the accident and pay for lost wages, future lost wages and pain and suffering for the injured plaintiff.


We recommend that you do the following:

  1. Immediately call the police.
  2. Don’t leave the scene of the accident before help arrives.
  3. Gather names, phone numbers, and any other information from any and all witnesses.
  4. Don’t make any statements to anyone including drivers and insurers.
  5. Take down as much information about the location, the addresses, circumstances surrounding the accident including taking any photographs on your iPhone or Android along with videos if you remember to do this to document the event later.


If you or somebody that you love has been injured in a pedestrian or crosswalk accident you may be wondering what to do next. Since there are statutes of limitations and other barriers, you only have a set amount of time to bring a claim for your injuries. Thankfully, you can have one of our highly skilled and experienced attorneys at Fiumara & Milligan Law, PC provide you with a free consultation and case evaluation. Then, you will have a clear idea of what your next step should be, while you focus on a speedy recovery and getting your health back on track.

santa rosa injury attorney

Please feel free to contact us. Please call our offices at (707) 571-8600 in our centrally located Santa Rosa office in Sonoma County or call our office in San Rafael in Marin County at (415) 492-4507 to schedule a free and confidential case evaluation. “The right attorney makes all the difference.”

Please CLICK HERE to view more information on how we can help with any crosswalk accident you may have been involved in.

Community: Criminal Threats Arrest by the Santa Rosa Police. Criminal Threats Arrest /Case #16-3375

THESE are the Typical kinds of criminal cases Fiumara & Milligan Law, PC has been handling successfully for accused defendants for over 24 years since the Firm opened its doors in 1992:

422 PC Criminal Terrorist Threats
1203.2 PC Violation of Probation
25850(a) PC Possession of a Loaded Firearm in a vehicle

The most important decision that you need to get right is choosing an attorney who has the skill and experience needed to help you, along with the commitment to your case necessary to secure the best possible resolution.

Why risk jail or worse? Your liberty and freedom are priceless and you deserve aggressive, but yet compassionate legal counsel who will zealously represent you and force the prosecution to prove every element of the crime beyond a reasonable doubt.

On March 10th 2016, a Santa Rosa Police Officer was dispatched to contact a female victim who was reporting that her estranged husband was making criminal threats toward her. The suspect, identified as Brian Eduardo Munoz (21yrs), was sending multiple text messages to the victim indicating that he intended to harm her.

The victim was in fear for her safety. Munoz then sent the victim a series of texts and video messages in which he displayed a shotgun and ammunition. Munoz implied that he intended to shoot her with the shotgun in his possession.

During the course of the investigation, officers learned that Munoz was driving in his vehicle, searching for the victim. Through his messages, it was determined that he was attempting to find the victim at her residence and also her parents’ residence. Officers conducted an area check for Munoz and his vehicle. They eventually located Munoz’s vehicle parked in front of his residence in Santa Rosa.

Officers approached the vehicle and located a male sitting in the front passenger seat. That male was subsequently determined to be a relative of Munoz. As the officers detained that subject, Munoz suddenly appeared from inside of his residence and walked outside. He was safely taken into custody without incident. Officers located a shotgun inside of Munoz’s home that was believed to be the same one that he threatened the victim with.

Munoz was arrested and booked at the Sonoma County Jail on the following charges:

422 PC Criminal Terrorist Threats
1203.2 PC Violation of Probation
25850(a) PC Possession of a Loaded Firearm in a vehicle

Don’t risk going to jail or having your liberty taken from you! Please feel free to make an appointment. We will gladly provide you with a free confidential consultation and case evaluation.

“Lawyer-up” with the experienced and highly skilled criminal defense attorneys from Fiumara & Milligan Law, PC with two conveniently located offices, one in Central Santa Rosa and the other in San Rafael.

Please call our office today at (707) 571-8600 in our centrally located Santa Rosa office in Sonoma County or call our office in San Rafael in Marin County at (415) 492-4507 to schedule a free and confidential case evaluation.

Don’t bargain with your freedom! The right attorney makes all the difference between your freedom and incarceration!


The three main types of distractions while driving include:

(1)  Visual—Taking your eyes off of the road.

(2)  Manual—Taking your hands off the wheel.

(3)  Cognitive—Taking your mind off of driving. 

While any single type of distraction will endanger the driver and others, texting while driving is the MOST dangerous because it is not only visual, manual, but cognitive at the same time!  Don’t text and drive!!


Texting while walking across the street or even in a crosswalk is dangerous and potentially deadly!  Many of our clients who are struck in the crosswalk where they have a legal right to safely walk are demonized by the opposing insurance carrier for not paying attention! 


In other words, the opposing insurance carrier will be successful at decreasing the amount of compensation you receive because you will be deemed contributorily negligent.  Your compensation will be reduced by your fault which will be apportioned by some formula. But we know how to fight that argument.

Hence, paying attention and NOT using your electronic devices while crossing a street or crosswalk not only helps to avoid a pedestrian accident but if there is one, increases the value of your own personal injury case enormously.  Insurance companies and their adjustors are very crafty and know how to demonize the victim.  Don’t be victimized by an unscrupulous insurance adjustor or insurance carrier. 

Please schedule an appointment with one of our highly skilled and experienced attorneys for a free and confidential consultation if you are the victim of a hit and run, crosswalk accident, pedestrian accident or you were struck by a vehicle while riding your bicycle, pushing a stroller, riding a skateboard or hoverboard.   


We are here to assist you in any way possible.  Please feel free to call us at (707) 571-8600 and (415) 492-4507 in Marin County. “The Right Law Firm Makes All the Difference!”