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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 Posted on January 03, 2016 in Car Accidents

When you lose a loved one, there is nothing that can ever fully heal the broken hearts they leave behind. When a family member is killed in a car accident because of someone else’s negligence, the only thing the law can offer for the loss is monetary damages. Even though no amount of money will ever bring your loved one back, you and your family may need the money you recover from damages to cover bills and provide future economic security.

Wrongful Death Claims

When you bring a claim for damages after the death a family member it is called a wrongful death claim. In California, a wrongful death claim can be brought through the probate court or by a qualifying family member individually.

If the claim is brought as part of the estate process, the probate court will need to appoint someone to represent the estate and manage the litigation. Typically, this will be a close family member. Minors are not appointed by the probate court to represent the estate.

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 Posted on January 01, 2016 in Car Accidents

The law requires all drivers to have insurance before getting behind the wheel. But, not all drivers follow the law. Some drivers do have insurance, but not enough to pay for all the damage they cause. In these situations, you may have to turn to your own insurance policies to get compensation.

Difference Between Uninsured and Underinsured Motorist Coverage

Uninsured and underinsured motorist coverage are both designed to help drivers receive the compensation they deserve for injuries when the at-fault drivers can’t properly compensate them. However, there are important differences in the way the two types of policies work.

Before you can collect from your insurance company under an uninsured motorist policy you need to demonstrate your claim qualifies. This means showing the other driver did not have insurance, or that the accident was a hit-and-run and the identity of the other driver is unknown.

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 Posted on December 16, 2015 in Car Accidents

Distracted driving is one of the leading causes of car accidents in California. The state prohibits drivers from using handheld cellphones while driving. It has had the cellphone ban on the books since 2008. But a recent study shows that using a hands-free device like a Bluetooth headset may not make driving any safer.

Distracted Driving Studies

Researchers at the University of Colorado examined data from California before and after the ban on handheld cell phone use. It discovered that the ban had no significant impact on the number of traffic accidents. Other studies have repeatedly shown that drivers using hands free devices are just as distracted when driving as drivers holding cell phones in their hands while driving.

What is Distracted Driving?

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 Posted on December 08, 2015 in Car Accidents

When you hear about car accidents caused because of a DUI, you probably think of drinking and driving. But, according to National Highway Traffic Safety Administration (NHTSA), drugs other than alcohol are involved in 18 percent of all motor vehicle deaths. Driving under the influence of drugs is just as illegal as drunk driving and just as dangerous.

Drugs and Driving

In California you can be found guilty of DUI if you are on drugs and those drugs interfere with your ability to operate a motor vehicle safely. It does not matter if the drugs are illegal such as methamphetamine or a legal prescription drug such as Vicodin. If you have a valid medical marijuana card and prescription, it is still illegal to drive while under the effects of the drug.

Just like alcohol, many drugs impair judgment, slow motor coordination, and otherwise keep one from driving to the best of their ability. When someone drives while under the influence of drugs, they are putting their lives and the lives of everyone else on the road in danger.

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 Posted on November 25, 2015 in Car Accidents

On Nov. 14, three people were killed and two others were critically injured when a car plowed into spectators during a street race in the City of Commerce. The crash was reported at around 1 a.m.

According to the Los Angeles County Sheriff's Department, the accident occurred at the intersection of South Malt Avenue and Telegraph Road, which is a hot spot for street racers. There were reportedly up to 100 vehicles gathered in the area when a car involved in the race struck a car that was doing donuts, causing the vehicles to careen into onlookers. Two Los Angeles men, ages 27 and 29, and a 15-year-old South Gate boy were killed in the collision. All three victims were said to be related. Two other people were transported to the hospital with critical injuries.

People who work nearby told the media that street racing is a constant problem in the area, which is an industrial park. Sheriff's deputies often run patrols in the area, but racers simply drive off and return when the coast is clear. Several people who visited the crash site memorial said that traffic lights or speed bumps should be installed to deter racers.

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 Posted on November 18, 2015 in Car Accidents

Many California residents may be familiar with the public service campaign that advised "friends don't let friends drive drunk," and recent surveys show around nine in 10 adults still recognize this phrase. The Ad Council and the National Highway Traffic Safety Administration have again partnered on a campaign to discourage underage drinking and driving. In October 2015, a representative from the NHTSA presented the new campaign at a summit focused on safer driving for teens.

Teens in the United States are more likely to die in vehicle crashes than from any other cause, and NHTSA data reveals that nearly 25 percent of young drivers involved in fatal crashes had been consuming alcohol. The ads discouraging young people from drinking and driving were created by an ad agency for free and filmed entirely on an iPhone.

Previous campaigns for which the Ad Council and the NHTSA partnered led to some change in driver behavior. For example, in 2005, the two worked on a campaign to raise awareness about the dangers of driving while buzzed. More young men said they would opt to take a taxi, take public transportation or get a ride in the years after the campaign with the number increasing between 2005 and 2013 from 38 percent to 47 percent.

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 Posted on November 16, 2015 in Car Accidents

Some California drivers may have experienced falling asleep while driving. In a 2015 survey conducted by the American Automobile Association, around 43 percent of drivers said that they had fallen asleep at the wheel at least once in their lives. Among drivers aged 19 to 24, 39.6 percent said that they had dropped off while behind the wheel in the past month, and in all age groups, almost one-third admitted to having done so.

A representative of the National Highway Traffic Safety Administration spoke during National Drowsy Driving Prevention Week at the Asleep at the Wheel forum in Washington, D.C., on Nov. 4. He said it is estimated that 5,000 to 7,000 fatalities happen annually due to drowsy driving.

He also stated that one in five major investigations conducted by the National Transportation Safety Board between 2001 and 2012 listed fatigue as a contributing cause. When limited to major highway investigations during that period, it was a contributing factor in nearly 40 percent of the accidents. Furthermore, in a 2010 study, AAA found that drowsy driving causes 16.5 percent of all fatal accidents.

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