Understanding Negligence in a Personal Injury Claim
Negligence can occur when another’s actions, or in some cases inactions, fall short of the reasonable standards set to protect another from harm. For instance, drivers in California have a legal duty to the safety of others on the road. Therefore, a driver who chooses to drive behind the wheel while intoxicated is acting negligent in considering the safety of other drivers. In order to win a personal injury claim in California, the victim, also known as a plaintiff, will need to prove that the accused is liable for causing the accident that resulted in his or her injuries.
When it comes to personal injury claims, there are generally four factors that must be demonstrated in a claim in order to prove that the accused party acted negligently:
Consult a Skilled Personal Injury Attorney
Following an accident that left you with injuries, it is critical to your well-being and recovery that you seek monetary compensation for your grievances. In California, however, you only have a small window of time to file the lawsuit. Speak to a skilled personal injury attorney as soon as possible in order to ensure your claim is heard.
Car accidents around the US cost more than $800 billion a year. They result in thousands of deaths and millions of injury cases, a lot of which are permanent. Despite the fact that there have been immense advancements on the technological front to improve car safety through equipment like assistive braking and guided cruise control, but the element of human error still remains. This includes negligence and distracted driving among other things.
Individuals have to realize that while on the road they have a moral and civic responsibility towards others as well as themselves. Protecting your life and that of those around you is your legal and ethical requirement while driving. Here are a few things that you should be careful about in this regard.
Tips to Avoid a Car Accident
Stay Attentive to Your Surroundings
There is a common notion that one of the basic assumptions while driving a car is to think you’re the only person who can see. Motorcyclists, pedestrians and other people like skateboarders etc. will come charging into your path creating a risk for massive collisions. This is the reason you have to be extra careful while on the road. Check your rear-view mirrors regularly especially when making a turn or pulling over. Also check for on-coming traffic before opening your car door in the middle of a road. Use turn signals at all times and make sure you’re brake lights are functioning properly.
Negligent driving is one of the most common causes for accidents around the US. Similarly distractions are also a major factor that contributes towards sometimes fatal accidents. Recent increases in usage of social media platforms like SnapChat, Facebook Live YouTube have been misused by people while driving. This is a step up from the traditional texting while driving. However, this has only compounded the risks immensely. The authorities advise you to avoid these practices to make the roads and highways safer for yourself and others.
Follow the Rules
It is said that ignorance of law is now excuse. Ignorance might be not knowing the law or wishfully ignoring it. Both these conditions can result in catastrophic consequences. Running red lights, overtaking out of place, traveling the wrong way or traveling in the wrong lane etc. are just a few examples of law breaking that can detrimental for you and other people as well. Saving a few minutes of your time can leave you in big trouble with more mess to clean up than you expected.
What to Do if You're in a Motor Vehicle Collision
After a car crash, there are a lot of things to keep in mind, but your safety and the safety of others involved in the collision are critical. Here are some actionable things to do after an accident:
Call RM Law Group - Serving San Bernardino and Riverside
While you should be careful about the rights of others and your own while on the road, you also have to keep your car in top shape and ensure you have all the safety features that the law requires. However, if you do get into an accident, make sure you’re prepared. Have a first aid kit on board and contacts for your insurance company and contact the car accident lawyers at RM Law Group, LLP. Our attorneys offer free consultations and can answer your questions & advise you on the best course of action regarding your specific circumstances.
On February 2, 2018 at about 11:52 p.m., a two car crash occurred leaving one girl dead and several injured, reported The Press-Enterprise in an online article. Denise Canez was a passenger in a Toyota Sienna that was traveling north on Lyon Avenue and was hit by a Honda Accord that was traveling west on Ramona Boulevard in Rialto, California. The Honda Accord was traveling at high speed and failed to stop at a posted stop sign which caused the two vehicles to collide in the intersection. Alcohol is believed to be a factor in the incident. Denise Canez was only 17-years-old, she was a traveling passenger in the Toyota Sienna that was struck by the presumed intoxicated driver. Canez was pronounced dead at 12:54 a.m. Saturday at Hemet Valley Medical Center. All passengers in both vehicles were injured and taken to hospitals to receive treatment.
Imagine being the family that has to wake up one morning to a call about their daughter passing in a car accident. The heartbreak knowing a life that was so young was lost, that your loved one will never get to laugh or smile again, all because of a drunk driver deciding to be reckless & careless. Driving under the influence is illegal in California, yet so many drivers have been involved in a car accident or have been stop in a DUI checkpoint due to being over the legal limit. When a driver has been drinking and gets into the driver’s seat, they are then putting many lives at risk of injury and even possibly a fatality.
When an unfortunate event like the one described in the article above occurs, the victims have rights to compensation. Negligent parties can be held responsible and victims have options like to file a claim and settle with their insurance companies, or hire an attorney and pursue a larger case or claim to fully protect their rights. Insurance companies will often try to hurry and settle the case and typically at a lesser amount that what may be achieved when fighting the claim, victims can lose out on a lot of money because many factors are overlooked and under compensated. With an attorney, they can file claims or pursue jury trials to recover more compensation for their clients. In a case like the one above, since a life was lost the family can file wrongful death claim for the loss of their daughter and work with the attorney towards receiving compensation. The battle does not simply end because the victim is deceased, the family still has rights.
The family in this case could go after compensation for the loss of their daughter regardless of any criminal charges brought by the County District Attorney’s office against the negligent driver. If you or anyone you may know is in a similar situation, find an attorney who is experienced and has a background and experience. For the case above, an attorney with a background in wrongful death lawsuits could pursued to help fight for the best outcome for the case. Justin H. King is an experienced personal injury attorney that represents victims in Ontario when they have lost someone due to someone else’s negligence. His firm, the Law Offices of Justin H. King provides representation for victims involved in serious and traumatic accidents pertaining to auto accidents and wrongful death claims.
A recent swimming pool accident had a near-tragic ending for a local USC student. Diving in headfirst, the student underestimated the close proximity of the bottom of the pool causing severe spinal-cord injury. The harrowing incident ultimately left the student quadriplegic. While the young student is slowly regaining movement, his recovery will undeniably be a difficult one.
Fortunately, the student’s life was saved after onlookers noticed he was not resurfacing. Benefactors quickly sprung to action and managed to pull the victim out of the swimming pool. Although the young student’s life was saved, many swimming accident victims do not share similar results. Based on research conducted by the Centers for Disease Control and Prevention, an average of ten people die from unintentional drowning per day. Further, a staggering 50% of all emergency, nonfatal victims suffer long-term implications. These long-term implications can result in the permanent loss of basic body functioning as well having to cope with life-long learning disabilities.
Harboring Safe Swimming Facility Usage
While swimmers can actively practice safe facility procedures, swimming pool injuries and fatalities can nevertheless occur due to a lack of swimming area maintenance. Unkempt swimming areas are at times a direct result to injuries. Many of these dangerous recreational facilities include:
What to Do in the Event of a Swimming Pool Accident
While many accidents can occur without fault or intention of the victim, but knowing what to do in the event of one can be life saving. The following steps could potentially help to ensure your safety and legal protections in the event of an accident.
Contacting a Legal Professional
Preventative measures for swimming pool accidents are abundant. While a user can utilize lifejackets, take swimming classes, and proactively obey all posted signs; accidents can occur without notice or warning. The rates for swimming pool accidents become greater as recreational areas are unkempt and ultimately become accident-harboring areas. Swimming area accidents can quickly result in injuries that could cause the loss of a job, immense surge of medical bills, and personal injury that could have permanent and irreversible damages. When an accident occurs, it is important to consider your rights. Contacting a legal professional who will champion for your rights and oversee your case can be beneficial.
Justin H. King is a personal injury attorney who fights for victims after serious and traumatic injuries occur due to the negligence of someone else. If you or someone you know was recently victim to situations like the ones in this article Justin can help. His firm, The Law Office of Justin H. King helps victims who have suffered spinal cord injuries and other related serious injuries. You can learn more about Justin and his experience and awards on his attorney profile page here, or obtain his contact information for scheduling a no obligation, absolutely free consultation on his contact page.
Sleep is necessary and no one can function properly off of little to no sleep, no matter how hard he or she tries. Without an adequate amount of sleep, people can become irritable and frustrated and a lack of sleep can start to affect everyday life tasks such as driving. Though not the same as drunk driving, drowsy driving can be just as dangerous. According to the United States National Highway Traffic Safety Administration, because of a lack of sleep, over 100,000 auto accidents happen every year, hurting over 40,000 people, annually, and resulting in 1,500 deaths. Because these accidents are underreported, auto accidents are much higher. If you or a loved one has been in an auto accident due to drowsy driving, it is invaluable to contact our experienced personal injury attorneys so that we can help you strategize about the best possible outcomes for your case.
How to Recognize Drowsy Driving
Being fatigued and driving can be a dangerous combination, without many people fully appreciating the risk of such driving. Drowsy driving is dangerous because not only does drowsiness affect your reaction time, but drowsy driving also impairs your judgment and decreases your awareness. Because of this, it is important to recognize symptoms of drowsiness so that you can decide to not drive or to pull over to a safe location so as to not cause an accident, injury or even death. These drowsy symptoms consist of:
Need Legal Advice?
Drowsy driving, though not the same as drunk driving, is just as dangerous and can be just as fatal. Because tests cannot be taken to determine whether you are fatigued or not before driving, it is up to you to make the best decisions concerning whether to drive while drowsy. Because of this, it is invaluable to seek legal advice and representation if you have found yourself in an auto accident involving a drowsy driver. If you or a loved one has been in an auto accident due to drowsy driving, contact an experienced personal injury attorney at The Paris Firm serving Pomona, CA to help you with your case today.
A lot of people are in the dark regarding personal injury cases. Most don't know about injuries for which they can get legal recourse. As a result, they lose out on getting the compensation for the injuries that they legally deserve.
Here are five common types of personal injury cases for which you can get compensation from the guilty party.
1) Medical Malpractice
Any injury sustained during delivery, surgery, tooth extraction, and other medical procedures caused due to negligent behavior of the medical staff can give rise to a medical malpractice case. Doctors, nurses, and other medical staff are required to take reasonable care when providing services. They are legally liable if they act in a reckless or negligent manner that causes an injury to a patient. A personal injury attorney can help you fight a medical malpractice case in the court to get monetary compensation from the guilty party.
2) Libel and Slander
Personal injuries in the legal context don't refer to just physical injuries. It can also be an injury to your reputation, character, or brand image. You can sue a person for libel and slander in the court. A professional personal injury attorney will help you to prove the necessary elements of libel and slander to get compensation for the injury.
3) Work-Related Injuries
Injuries that occur at the workplace can also lead to personal injury cases. You can hire a personal injury attorney to gather the required proof that can help in getting maximum possible compensation for the injury. Also, the personal injury attorney will help you in appealing the denial of benefits by the employer's insurance company.
4) Slip and Fall Injury
Slip and fall injuries also come under the umbrella of slip and fall injury. You need to prove in court that the property owner failed to take reasonable care of the property that resulted in a slip and fall accident. Whether the injury occurred due to willfully created dangerous situation or resulted from negligent behavior of the property owner, the injured person has the legal right to sue the property owner to get compensation for the injuries.
5) Auto Accident Injury
Accidents caused due to intentional or reckless disregard for road safety rules can also give rise to a personal injury case. However, proving fault in case of an auto accident injury is not easy. A personal injury attorney will help you in gathering the required evidence that can prove guilt in the court beyond a reasonable doubt.
Call Eric Paris to schedule a free consultation to discuss the details of your injury case today @ (909) 469-5127.
A hit and run car accident occurs when a driver willfully or unintentionally caused an accident, and then quickly leaves the scene. The hit and run car accident claim can arise on public road or private parking lots. If a driver hits a car while parking into an unoccupied space. And then leaves the place without leaving a note, it will also be considered as hit and run.
Usually, a hit and run car accident claim is the most difficult and frustrating to prove. The reason is that the driver usually leaves little information of the crime. However, there are some steps that you can take right after a hit and run accident that can increase the chances of locating the perpetrator of the crime.
What Do I Do After a Hit and Run Accident?
Here are the steps you should consider immediately after being in a hit & run accident:
In addition, you should find out if nearby businesses or homeowners have an outdoor surveillance camera for additional evidence. You can request them to provide a copy of the video. Having said that, they may deny your request since they are not obligated to provide you the video. However, if you have hired an experienced car accident lawyer, the attorney can issue a subpoena requesting for release of the video. It's vital that you contact a lawyer soon after the accident as most security cameras erase old data after a certain time period.
While it's difficult to locate the perpetrator of a hit and run accident, it's certainly not impossible. With the help of an experienced car accident attorney, you will greatly increase the odds of locating the guilty party. In case you want expert guidance regarding a recent hit and run accident, you should immediately contact a local Inland Empire lawyer who focuses on personal injury.
*UPDATED November, 2019
The National Highway Traffic Safety Administration recently reported that in 2016, 1,908 young drivers were killed in motor vehicle accidents, which was an increase of nine percent from 2014. In addition, nearly 200,000 young drivers sustained injuries in car accidents in 2015, which was an increase of fourteen percent from 2014. In California alone, 431 people died in accidents involving young drivers, including the young drivers themselves, their passengers, occupants of other vehicles, and non-occupants such as pedestrians and bicyclists.
Teen Drivers Nearly 3X More Likely to be in a Fatal Accident than Drivers 20 Years and Older
According to the National Center for Health Statistics, other statistics reveal that motor vehicle accidents are a leading cause of death for those between the ages of fifteen and nineteen. In fact, teen drivers are nearly three times more likely to be in a fatal accident than drivers who are aged twenty years and older. This high risk is due in part to the fact that younger drivers are more inexperienced than older drivers in the United States. Other factors that put teen drivers at risk include:
This GDL system recommendation includes a minimum age of sixteen years to obtain a learner’s permit, a mandatory twelve-month learner’s permit period, and nighttime driving and passenger restrictions.
New Forms of Car Insurance Appeal to Young Adults
New types of usage based insurance options can make car insurance more affordable to young adults. MoneyUnder30 reports that insured's can save upwards of $500 per year, not an insignificant amount of money to someone age 18-25. Nationwide's SmartRide, MetroMile and Esurance Pay-Per-Mile services are all starting to gain in popularity. While these services can help save money, drivers need to weight the pros and cons of this new technology. For instance, the distance you drive is a major factor in your rate. If you are a low mileage driver commuting back and forth to school and occasional errands this may be a great option. But heavy commuters who go from the Inland Empire to Los Angeles would pay far more with usage-based car insurance.
Centers for Disease Control Prevention Status Reports
The Centers for Disease Control publish Prevention Status Reports that highlight the status of public health policies and practices that are designed to address different health problems and concerns, including motor vehicle injuries. While California does not score as high as other states when it comes to the PSRs, California has at least taken steps to reduce or prevent accident-related injuries and deaths in some policy and practice areas. California does require seat belts for all vehicle occupants, and places some nighttime driving and passenger restrictions on young drivers, but the minimum age for obtaining a California State Driver License Permit is 15.5 years old, and it is classified as "Provisional" for six months. While these policies and practices won’t prevent accidents entirely, they will go a long way towards reducing the number of young driver deaths and injuries.
The Law Offices of Matthew Taylor in Rancho Cucamonga Can Help you Obtain the Compensation you Deserve
If you’ve been injured in a motor vehicle accident in California, it is imperative that you consult with an experienced car accident lawyer as soon as possible. Call the Law Offices of Matthew L. Taylor today at (909) 989-7774 to schedule your free consultation, serving the Inland Empire for over 20 years.
Photo Credit: https://www.flickr.com/photos/statefarm/
The statute of limitations is an important “deadline” of sorts that personal injury victims and their family members must keep in mind when determining how to protect and assert their legal rights. If an injury victim or the surviving family members of a person killed by another’s negligence fails to file a claim for damages before the statute of limitations expires, then the claim can easily be dismissed and the claimant be barred from attempting to obtain compensation for those expenses and losses through a lawsuit.
Issues with California’s Wrongful Death Statute
California law gives the surviving family members two years from the date of an injury or death to file their claims for damages. While this may seem like a straightforward limitation, there are situations that may arise in a wrongful death case that make applying this statute of limitation more difficult:
Reach Out to Your Riverside Wrongful Death Law Firm
Heiting & Irwin, APLC has four decades of experience helping injury victims and the surviving family members of those killed as a result of another’s careless actions recover compensation for their expenses, losses, and injuries. Contacting us as quickly as possible following your loved one’s injury or death can help ensure that your legal right to pursue compensation is protected. Call us at (951) 682-6400 or complete our online form to schedule a free initial consultation.
Photo Credit: https://pixabay.com/en/users/ManfredKain-3578327/
Tackling Elder Abuse in San Bernardino & Riverside Counties
When you entrust a family member to the care of a facility, there’s an expectation of compassion and empathy to be given. Often times family members don’t have the time or resources to properly help care for their loved one full time, and you have to trust that the facility you choose can implement a care plan and take responsibility for your loved one. Many reputable nursing & care facilities seek to hire the best caretakers and have strict operating procedures in place to make sure your family member is getting the best care available and the attention that they need. However, ABC recently reported that nearly 30% of elderly residents at care facilities endure some sort of physical, emotional or financial abuse.
This news prompted us to seek comment from one of the Inland Empire’s premier injury litigators, Cory Weck of McCune Wright Arevalo, LLP in Ontario, who’s currently litigating two elder abuse cases involving care facilities.
InlandEmpireLawyers.com: How long have you worked as a personal injury lawyer?
Mr. Weck: I’ve been a lawyer for over 20 years, but I’ve practiced nothing but personal injury law on behalf of individuals for the past 15 years
InlandEmpireLawyers.com: What are the most common ways cases of caretaker abuse discovered?
Mr. Weck: Usually abuse is discovered when it’s too late and the consequences are irreversible. Since the family often doesn't live in close proximity to the home where their loved one is located, it’s usually a call from the ER when they first become aware that something bad had occurred.
InlandEmpireLawyers.com: What are the alert signals that family members should look for, or be aware of that would indicate elder abuse?
Mr. Weck: Do you notice a significant change in your loved one’s demeanor? Do you notice bruising? Do you notice that they don’t seem to want to eat anymore? Is there a lot of turnover in the staff?
InlandEmpireLawyers.com: Are there any reporting agencies or resources people can use to research complaints against a facility or care taker?
Mr. Weck: Yes there are agencies both at the local level and the state level one can report complaints to against the facility like Adult Protective Services in San Bernardino or Riverside Counties.
InlandEmpireLawyers.com: What should someone do if they suspect that a loved one is being abused by someone at a care facility?
Mr. Weck: It really depends on the severity of the abuse. For more minor type of complaints I would start with the facility management and then work up through the chain of command if your concerns are not addressed. For more serious events immediately file a complaint with your county agency and the state. If serious or deadly harm occurred I would advise seeking local counsel who has experience in these types of claims.
Elder Abuse & Negligence Resources
National Center on Elder Abuse: https://ncea.acl.gov/resources/state.html
National Center for State Courts: http://www.ncsc.org/Topics/Children-Families-and-Elders/Elder-Abuse/Resource-Guide.aspx
National Committee for the Prevention of Elder Abuse: http://www.preventelderabuse.org/
Photo Credit: https://pixabay.com/en/users/Unsplash-242387/
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