Posted on March 14,2016 in Motorcycle Accidents

Buses, cars, bikes, and our own two feet: on a daily basis, we are on the move. Luckily, we get to decide what moves us in most occasions. For many, their chosen mode of transportation is by motorcycle. There is just something about the breeze in your hair and against your face and the rumble of a motorcycle rolling on the pavement that gets pulses racing for millions of riders every day. For some, it is a pastime, something that can be enjoyed for long cruises on the weekend. For many others, it is their daily transportation. Who can blame them with the gas mileage? One thing is for sure; motorcycles are everywhere, and it is everyone’s responsibility to prevent motorcycle accidents.

When You Are the Motorcyclist

According to the National Highway Traffic Safety Administration (NHTSA), among the many contributing factors for motorcycle accidents are breaking speed limits and not knowing how to appropriately operate a motorcycle. This is not to say that these are the only factors that lead to accidents; the list is extensive. However, a few tips that you can use to potentially prevent a fatal accident are:

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 Posted on March 07,2016 in Workplace Accidents

When are injured in a work-related accident, many people assume that a workers’ compensation claim is their only way to get compensated for their injuries. However, California law allows you to pursue a claim against someone other than your employer if the other party's negligence caused or contributed to your injuries.

Role of Workers’ Compensation and Personal Injury Claims

The workers’ compensation system was designed to help make sure workers were compensated for injuries sustained in the course of their employment and to protect employers from litigation. Under the workers’ compensation system you cannot usually sue your employer. The type of compensation you are able to collect is also limited.

However, if a third party is responsible for causing your injuries you may be able to pursue both a workers’ compensation claim and a claim for injuries against the party that was responsible. Cases in which someone other than your employer has caused your injuries are complex and must be handled outside of the workers’ compensation system by a personal injury lawyer who understands how these two different claims systems operate and affect one another.

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 Posted on February 29,2016 in Car Accidents

Drunk drivers continue to cause thousands of accidents every year, in spite of harsh consequences and aggressive law enforcement practices. Often a drunk driving accident results in catastrophic injuries that last a lifetime. Tragically, some victims will not even survive the accident. Because drunk driving is caused by an illegal act, victims of drunk driving accidents may be able to seek punitive damages from the drunk drivers.

What Are Punitive Damages?

Punitive damages are a special kind of damages that are not available in every personal injury case. Punitive damages are designed to punish actions that go beyond simple negligence. These damages are supposed to help deter people from making the same kinds of dangerous choices in the future. In order to be awarded punitive damages, you will need to show that the driver acted with a conscious disregard for the safety of others.

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 Posted on February 22,2016 in Personal Injury

When money is tight, it can be tempting to look for any way possible to lower your expenses. But, when it comes to your car insurance if you try and lower your premiums by eliminating some of your coverage, you may end up costing yourself money if you get into a car accident.

Personal Injury Protection (PIP)

Personal Injury Protection, or PIP coverage, as it is often called, is not required in California. If you have PIP, when you, or one of your passengers, is hurt in a car accident, your medical bills will be paid by your car insurance. PIP coverage may also pay a portion of any missed wages. It does not matter who is at fault for the accident. The PIP benefits, however, are not open ended. PIP will only pay out for a set period of time and up to a set amount of money. But, if you do not have PIP coverage it can be harder to get the medical treatment you need for your injuries.

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 Posted on February 15,2016 in Car Accidents

The cause of injuries in a car accident is not always clear. Often people focus on who was at fault for the car accident, but the sometimes the real legal question is who is at fault for the injuries. It is possible for the insurance company to blame you for at least partially causing your own injuries.

Comparative Negligence

California law recognizes the principle of comparative negligence. This means that if your negligence was a partial cause of your injuries, your award for damages can be reduced by the percentage of your fault.

For example, if a court found that you were 10% at fault for an accident and the court had decided that you suffered $100,000 in damages, your award would be reduced by 10%. This would leave you with $90,000. In California you can sue to recover for damages even if you were 99% at fault for the accident. However, your damages will greatly reduced.

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 Posted on February 09,2016 in Car Accidents

Every year thousands of people are severely injured, or even killed in car accidents. Sometimes, the cause of the injuries seems obvious. However, in some instances, a defect or malfunction in your car may have made your injuries worse than they otherwise would have been.

Discovering Automobile Defects

While some vehicles become notorious for their defects, other more routine defects pass through unknown to most people. While some SUVs are well known to have a higher risk of rollover rates or of roof crush injuries, for example, there are thousands of components in a car that may not be working properly that could make injuries in a car accident much worse.

Many times these defects will not be discovered unless a crash reconstruction expert examines the evidence. The expert may find that a seatbelt or airbag failed to work as designed. It may become clear that your injuries were really caused or exacerbated by something inside your own car.

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 Posted on January 29,2016 in Truck Accidents

Truck accidents have the potential to cause catastrophic injury and harm. Of course, most trucks are operated safely, but due to their size and cargo, when a truck is in an accident, occupants of other vehicles are more likely to be permanently injured, or even killed. The true cause of a truck accident, however, is not always immediately apparent.

Causes of Truck Accidents

Common causes of truck accidents include:

• Driver fatigue;
• Distractions to the drive, including cell phone use;
• Excessive speed;
• Impairment due to alcohol or drugs;
• Improperly loaded cargo; and
• Poorly maintained truck and equipment

While some of these causes are the responsibility of the truck driver, the company that employs the driver or owns the truck may also be responsible for the conditions that lead to truck accidents. Before the exact cause can be determined, an experienced truck accident lawyer should evaluate the case.

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 Posted on January 25,2016 in Catastrophic Injuries

Not so long ago, a concussion was considered just a bump to the head. With new advances in medical science, it has become clear that even with few, or even no, immediate symptoms, a blow to the head may cause a traumatic brain injury that can impact the rest of the victim’s life.

Proving Personal Injury Claims

When you are injured because of someone else’s negligence you have a legal right to be compensated for your damages. But, no matter if you are reaching a settlement with an insurance company or arguing a case before a jury, you have to be able to prove your damages. Proving your damages includes submitting documents such as medical bills and doctor’s reports. It often also requires more subjective proof such as statements about how your injuries have affected your life.

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 Posted on January 18,2016 in Personal Injury

Mass transit is designed to help reduce congestion on our roadways and safely transport people to work and around the Bay Area. However, sometimes because of negligence a form of mass transportation like a bus, light rail or BART, is involved in an accident that leaves many people hurt.

Causes of Mass Transit Accidents

Just because there has been an accident, does not mean the company or agency operating the mass transit was negligent. Before you will be able to successfully get compensated for your injuries, you will need to prove that the negligence of someone connected with the mass transit agency caused your injury.

Some common causes of mass transit accidents include:

• Fatigued driver or operator;
• Poorly maintained equipment;

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 Posted on January 11,2016 in Car Accidents

If you have been in a car accident that was caused by another driver, you may have a personal injury claim. Under California law, there are some very specific steps you have to take to protect your rights and to pursue a claim for compensation for your damages. A personal injury claim is a process, not a single event.

Understanding Negligence

Before you can successfully bring a claim for personal injury, you will need to show that the other driver acted negligently and that that their negligence caused your injuries. All drivers have a duty to operate their vehicles with reasonable care. Negligence is when this duty to drive with reasonable care is breached.

Dealing With the Insurance Company

Usually a personal injury claim is opened with an insurance company before a lawsuit is filed. After a personal injury lawyer has reviewed your case and calculated your damages, the lawyer can prepare a demand for the other driver’s insurance company to pay your damages.

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