Recent Blog Posts
Should You Admit Fault Following an Auto Accident?
Anyone who has ever been in a car accident can probably remember the feelings of confusion and uncertainty in the moments immediately following the crash. If you were the one driving, such feelings may be amplified as you replay the incident in your head, wondering what you may have done wrong and what you should do next. Your initial impulse may be to get out of your car, check on the occupants of the other car and apologize for causing the accident—even if you are not certain that the wreck was your fault. Doing so, however, may not be the best idea.
You Do Not Know What You Do Not Know
When a car accident occurs, treating any physical injuries should be the top priority. The next most important concern is to determine who was at fault for the accident. The at-fault party is likely to be liable for any and all damages—including property damage and injuries—caused by the crash. Determining fault can be very complicated, as there may be a large number of factors involved.
Trauma to the Brain May Disguise Itself as a Minor Injury
Brain injuries are often unclear at first, especially to those without experience in diagnosis. Many times, these traumatic and life-altering injuries are left undiagnosed at first as many minor symptoms mask those injuries. The medical treatment required in determining the damage is just the start of the financial burden, which may accumulate for an entire lifetime. If someone else is at fault for the damage caused by a brain injury, the economic struggle should not be on the victim, but on those responsible.
Identifying a Brain Injury
Brain injuries can happen anywhere—on a battlefield, at work, on the playground, or in a car. The brain is vital to everyday life functions like breathing, speaking, and walking. Something as simple as a slip and fall is enough to cause a traumatic brain injury.
Safety in the Workplace: Explorable Resources for Safety in the Foodservice Industry
Food service orientated positions can historically be described as jobs with grueling schedules, low wages, and overall stress producers. As of July 1, 2017, the minimum wage for service oriented jobs will increase from $10.50 to $12.00 per hour. Yet while this wage increase may be a welcome advancement, the one factor that change will elude is the dangerous threat of on-the-job or workplace injuries.
Brian Garry, senior director of foodservice for the Cintas Corporation, recently stated that many operators simply do not anticipate an accident or personal injury and are often left unprepared.
In an effort to better educate owners, managers, and employees, Cintas recently identified the top four personal injuries often suffered by restaurant workers.
Top Causes of Motorcycle Accidents in California
Motorcycle accidents are often debilitating, or even fatal, to those involved. Additionally, the devastation is often preventable, which perhaps makes the emotional impact harder to swallow. Although victims and families may be left in the figurative paralysis of what to do, a quick legal reaction time boosts the chances of a successful outcome.
A successful claim enables victims to gain compensation for much of their loss. No two cases are identical. However, there are behaviors frequently identified as the causes of a motorcycle accident.
Top Causes of Motorcycle Crashes
In a majority of cases involving motorcycle collisions, the defense of the person at-fault is simply, “I did not see them.” This is far from an adequate response and by no means excuses the behavior.
The Risk of Dog Bites and California Pet Laws
When an individual is bitten by a dog, it can be a traumatic experience. Estimates suggest that approximately 4.5 million people in the United States will sustain a dog bite related injury this year. In fact, statistics involving the act by man’s proclaimed best friend account for the following:
- More than one-third of all homeowner liability claims;
- Over 6,500 attacks on U.S. Postal Service carriers;
- Nearly a one-in-five chance of infection; and
- Increased probability of undergoing reconstructive surgery.
Every 75 seconds someone experiences an encounter with an aggressive or protective canine in the United States—an encounter in which the handler or owner may be at fault.
Although dog bite laws vary state by state, California has seen an increase in dangerous dogs, and bites can occur as a result of improper handling or ignorance of dog bite laws.
Tips on Preventing Rollover Accidents
Estimates show that 10,000 lives are lost on an annual basis due to rollover vehicle accidents. This type of vehicle accident is so dangerous that the National Highway Traffic Safety Administration (NHTSA) reports how those involved in a rollover accident have a 33 percent chance of not surviving.
Although a rollover can occur in any model of vehicle, these accidents are regularly linked to sports utility vehicles or SUVs, pickup trucks, or the modern day mini van—all vehicles which are considered “top heavy” because they have a higher center of gravity.
A rollover accident can occur when sideway forces, such as navigating a curve, shift the center of gravity to one side and therefore affect the vehicle’s ability to balance evenly. This reaction is extremely dangerous if a driver is speeding or driving while under the influence. The result can be the loss of control of one's vehicle.
Drowsy Driving: Studies Indicate Just as Dangerous as Driving Under the Influence
As the Centers for Disease Control and Prevention (CDC) continually surveys the quantity and quality of our sleep habits and the devastating events associated with the lack thereof, sleep is now recognized as a public health issue.
Moreover, the exploration of behaviors and disorders are also being closely monitored as our sleeping habits are now linked to motor vehicle accidents, personal injuries, industrial disasters, and even medical and other occupational errors.
Another leading authority, the National Highway Traffic Safety Administration (NHTSA), reports that driving while drowsy can be dangerously compared to driving while under the influence of alcohol, but without the benefit of a breathalyzer.
The NHTSA estimates that over 100,000 vehicle accidents per year can be contributed to driver fatigue. This is an estimate as it is difficult to attribute “drowsy driving” as the initial cause of the accident on an accurate basis. Other contributing factors include:
Q & A – Legally, What is Required After Being Involved in an Accident?
With the dawn of the new year, California has reported 2,360 traffic accidents statewide since January 1, 2017—traffic accidents that may represent the five most common types such as rear-end collisions, damage to parked cars, weather-related accidents, side-impact collisions, and wildlife-related accidents. If you are involved in any type of vehicle accident, what is required of you under California Law? The State Bar of California has the answers. Listed below are the primary requirements of any one involved in an accident in California.
Q. Do I Have to Stop?
A. Yes. California law requires you to stop when involved in any type of vehicle accident, whether it involves a pedestrian, is a crash involving another vehicle, or only results in damage to a parked car. Exiting the scene of any accident can increase the risk of hit-and-run charges, even if the accident was not your fault.
Frequently Asked Questions Regarding Dog Bite Law
Each year, approximately five million dog bites occur throughout the United States according to the CDC. The locations of the injuries range anywhere between a finger or ankle nip to facial attacks and broken bones. Death is also a very real possibility, especially in cases involving children and large dogs.
In response to the prevalence of dog bites, California became a strict liability state—a dog that bites is the full responsibility of the owner. Dog bite law does not solely govern vicious attacks but any incident where the tooth of a dog breaks the skin. Those suffering from a dog-inflicted wound often have pressing questions about what to do next.
What Do I Do if I Have Been Bitten?
Regardless of the severity of the bite, seek medical attention immediately. The myth that a dog’s mouth is cleaner than a human’s mouth is pointless as both have bacteria that, if left untreated within a wound, can create larger problems. The comparison is similar to comparing a trash can to a toilet. The laceration needs an examination by a medical professional as well as documentation via photographs, journals, and witness accounts. Due to a concern for the spread of disease, also contact Animal Control and the police department.
The Importance of a Prompt Reaction Time in a Wrongful Death Lawsuit
The sudden passing of a loved one leaves those left behind grieving and searching for answers. If the intentional or negligent behavior of another individual caused death, it is only right that the at-fault party be held accountable.
The unexpected medical, funeral, and other associated costs can take a financial toll on even the ablest families. One possible option is to file a wrongful death claim against the person or persons responsible for the death. However, it is imperative to take action as soon as possible to better the chances of a strong case.
Statute of Limitations
Personal injury claims including wrongful death suits have a set limit within the state of California for which you can file against a defendant. After the allotted time passes without a claim, no new litigation is applicable.