How to Know When to File a Personal Injury Case

Whenever you get into an accident, sometimes you are not sure if you should file for a personal injury claim or not. There are several factors you might have to consider before making up your mind. Well, to help you understand better about your case, hire a personal injury lawyer. With a competent lawyer, you should know how best to approach the case.

How serious are the injuries?

Each time you want to file a claim, you still have to look at your injuries first. It is understandable if you want the negligent party to be held responsible, but you also have to look at the severity of the injuries.

In some cases, your injuries might be minor that you even did not need to visit a hospital. In such a case, you might have to think twice about what kind of damages you will have to file for, and if the case is worth pursuing. You also have to consider who was at fault, whether you played a role leading to the accident, and still if the injuries are worth filing for a claim.

It is expected that the other party will also fight the accusations through their lawyers. It is best to have an attorney to handle the back and forth negotiations before you can receive the settlement. Still, a doctor has to issue a medical report detailing your injuries to show that the injuries were present. Sometimes an independent doctor might be requested to avoid any cases of biasness.

Have you incurred loses?

Depending on the insurance cover that you have, sometimes the cover will take care of your losses after an accident. This includes paying for your medical bills and repairing the car. Whenever this happens, you might not be sure if you want to pursue an additional settlement from the negligent party.

In most cases, doctor visits, X-rays, physical therapy, and other medical care will be under your health cover regardless of who caused the injuries. Even when your insurance company covers the injuries, sometimes ending up in multiple accidents all the time will likely raise your insurance premiums. It might be why you might want to get the other party to pay for your injuries.

The worst is when the health cover does not cover all the losses. Such can be pain and suffering you get from the injury. At this point, you can file a claim requesting to be paid for the pain and suffering you had to go through after the accident.

How strong is the case?

This is the most critical question you have to ask your attorney before proceeding to file a claim. The last thing you want is a case with many holes. With a good case, you can easily present the claim with confidence knowing that it can be paid.

It is best in such cases to get advice from a competent personal injury lawyer. Take your time to check out the reviews on different attorneys to make up your mind. With a good lawyer, you will get all the essential legal advice on how to proceed with your personal injury case. 

 

Los Angeles has seen a rise in popularity in cycling, and it has transformed the lives of thousands of people in all age brackets. Cycling is still gaining popularity, especially in places where they have a more extended cycling season and beautiful weather.

Here are some of the benefits if you cycle daily:

• Budget-friendly and it can help you save money
• If you cycle occasionally, it can help take miles off of your car. This can help keep the resale value high.
• Cycling can be your daily exercise. You don’t have to schedule your time in the gym because you already had your daily workout.
• Cycling is a great way to stay in shape, and it is easier to incorporate it into your daily life.
• Cycling helps reduce stress and anxiety and helps increase your happiness level.
• Studies also show that it can help extend your life. It helps keep you healthy. Cycling also helps lower the odds of certain types of cancer.
• Cycling helps you to gain new friends and get to know people in your neighborhood.
• Cycling is not a high-impact type of exercise. It lowers the chances of injuries.
• Cyclists who ride to work at least three days a week get a $20 monthly reimbursement from the government.
• Cycling helps you avoid traffic jams.

It is undeniable that cycling can significantly impact and change city life, but there are still potential dangers that come along with it. If you had a bike accident due to a careless driver, you need to seek help from a personal injury lawyer to assist you in finding the right compensation for your injuries and lost wages. 

 

Is It Possible to Change a Personal Injury Attorney with the Lawsuit in Progress?

Whenever hiring a personal injury attorney, you always hope that you make the right decision at this first stage. The worst can be when you have to make changes to your attorneys later on. It is common that sometimes you would find out that the attorney you hired to handle your case is not the perfect fit.

So, will it be possible to change your attorneys when the case is still in progress? Many people might not be sure of what to think. Today we discuss this issue in detail to help you better understand how to handle the situation.

Why would someone want to replace personal injury attorneys?

It is not common for people to switch their attorneys unless there is something wrong or not working in their case. The first common reason is when the client develops a feeling of mistrust when working with the attorney. The moment there is no good relationship between the two, there is a loss of faith in the attorney’s capability to handle the case.

If your attorney also has some questionable behavior or ethics, then you would be considering to switch attorneys soon. In some law firms, you get that there are attorneys who have poor communication. In such a case, the attorney would not reply to client emails or calls. This makes the client unsure about the professional conduct of the attorney.

Let us say there is little to no progress in your personal injury case, then suddenly you would feel maybe it is time to change attorneys to see if that would change. Sometimes there could be a conflict of interest or the attorney does not seem to have an adequate strategy to win your case.

Common Complications Associated with Switching Attorneys

As it stands, it is possible to switch your personal injury attorneys even in the middle of a case, but you can expect a few complications to deal with. If you made a contract with the attorney that he would take a percentage of the reward from the case, then you will have to honor it later on once the reward is approved. So, when you hire a new attorney, you have to take a financial hit as an extra cost of paying the new attorney.

So, does it mean you should never switch attorneys? No. In the event you feel the current attorney is not able to handle your case adequately, then you are free to make the switch. Always take your time to check out the portfolio of several attorneys first before making up your mind. This helps to settle on one firm that has a better success rate of handling personal injury cases. 

Self-Driving Cars and Accidents They Can Cause

The advancement in technology has led to having more design concepts in the automotive industry. One of the latest trends is the use of self-driving cars. These are the cars that will get you to different locations without necessarily having you driving. Well, this type of technology is still in the development phase, and these cars remain illegal. If such a car is available, by law, there must be someone behind the wheel to intervene whenever necessary.

Just like any other technology, self-driving cars also have some hiccups with their technology. Because of such, there is a lot of debate on how these cars can also cause accidents if they are not implemented well.

Such vehicles are made to reduce accident fatalities. It is possible as these vehicles will reduce human error. However, being machines, they will also have errors with their operating systems. As a result, only time will tell if fewer humans will die from using self-driving vehicles.

Several vehicle manufacturers are considering the route of self-driving cars. The most proponent of this type of technology is Tesla. It is no secret considering that Tesla now provides some of the best autonomous features in their cars. The Tesla Autopilot system is good, but it still has its faults. Even with the company working out the kinks of the system, we can only expect it to get better.

There will still be more deaths with self-driving cars

It is no secret that there is a need for more measures to be in place before these self-driving cars can come into existence. Considering that we will still have other cars on the roads where the driver still controls everything, accidents will always happen.

Taking an example of the U.S., there are 260 million vehicles registered with a population of 325 million people. These people and cars interact on various levels. What we cannot be sure is if the autonomous systems can make decisions to protect pedestrians on the road as humans do.

What happens when the technology fails, and the vehicle goes around knocking people? Those are some of the questions we need to ask. It does not matter what kind of new technology that arises; what is for sure is that there will always be some accidents.

Human drivers are always a risk

It is no secret that humans sometimes can be bad drivers. They can make bad judgments of situations and then end up in fatal accidents. So, how can this compare with autonomous vehicles? On paper, it seems like autonomous vehicles will be better. It is because they can scan the environment and adjust the driving parameters for safely.

Remember that these cars will not have problems such as drunk driving, distracted driving, and much more. With thousands of people each year losing their lives because of drunk driving, then this will be a nice idea to implement.

We need to keep an open mind with the self-driving technology just like we did with airbags. Back in the 1960s, it is when most cars started to include airbags in their cars. Since then, airbags are estimated to save thousands of lives each year. Right now, no manufacturer will release a car into the market without airbags. It even applies to the most basic cars in the market right now.

What most people do not know is that airbags were not very common back then. With time, we expect that people will warm up to the idea of self-driving cars.

The idea of having self-driving cars is already in motion, stopping it will be hard. It will be better to embrace it and see how better to utilize the technology. As for now, we should remain vigilant each time while on the road to avoid accidents. Well, if you get into one, talking to a personal injury attorney can help in knowing what to do next. It might involve filing an insurance claim to ensure the liable party pays for the damages. 

The vehicle used by the Uber driver is used as a personal and work vehicle. When the driver is not logged in on the app, the only insurance that applies is the driver’s private insurance. Once the driver logged into the app and is connected to a passenger, Uber offers a supplemental liability in addition to the driver’s personal insurance coverage. Once the driver has already picked up a passenger and is transporting them to their destination, Uber provides up to $1 million in liability coverage. 

The drivers are not Uber’s employees but are independent contractors who provide services under Uber. This is one way for Uber to avoid liability when drivers have accidents.

If you are an Uber driver, you must understand the terms of your car insurance and the coverage offered by Uber. You need to know these things before you encounter an accident.

Insurance companies are offering personal car insurance to cover Uber drivers in all stages of their rides, including personal use. If you are a driver and you fail to realize the gaps in your insurance coverage, it could lead to more significant problems in the future.

Many insurance companies do not cover any type of “commercial driving.” A driver may think that his personal car insurance coverage will protect you in an accident. The driver’s claim may be declined once the company learned that he is driving for Uber.

The Issue of Fault

Uber insurance should pay for the coverage if the driver is online at the time of the accident, regardless of who is at fault. Uber’s insurance company will try to put the blame on the driver and pull the independent contractor card. If you are found to be at fault and you are not covered, you could be sued.

If you are involved in a car accident while riding in an Uber vehicle, you can file for claims. It is best to talk to a personal injury lawyer before settling. The lawyer will help you get the proper compensation for the injuries and the trauma that you experienced in the accident. 

California is a big state, and it is not easy to get around without a vehicle. Mass transit is available but is often crowded and unreliable. Cities and towns in California are trying to address this issue by making bicycles and scooter travel safer so they can avoid vehicles.

High-speed vehicles and congested traffic both pose hazards to bikers in California, which often led to bicycle accidents. Records have shown by the California Highway Patrol that male bicyclists are more likely to be killed in a bicycle accident. In 2003 and 2015, seven-eights of fatal bicycle deaths are men or boys.

The records show that more men ride bicycles than women. It also shows that men are most likely to bike through dangerous areas compared to women. The documents can also mean that men are more likely to explore dangerous roads. Risky roads are those without bike lanes and have higher traffic speeds. The drivers who pass through these roads have very little room to maneuver. Hazardous roads also give drivers less time to react. Biking in the center of the way causes drivers to be angry, but it also increases the chances of being seen. 

If you wanted to avoid fatal collisions, the best thing to do is to not drive on these risky roads. If you are in a bike accident, have yourself checked by a medical professional and consult a personal injury lawyer for tips on how to file a claim for the damages.

In 2013, getting hit by a car was the dominant cause of bicycle injuries in the US. Twenty-nine percent of bike accidents that year were caused by getting hit by a car. Seventeen and thirteen percent were caused when a rider fell and when a rider had an error. A poor road repair caused thirteen percent, seven percent was caused by a crash, and a canine intervention caused four percent.

Despite the low percentage of bicycle accidents involving cars, most fatal bike accidents are the ones where a car is involved.

If a driver or the cyclist will use negligence as a counter, they need to have proof of several elements:

• The driver has been cautious.
• The cyclist is not careful or is negligent.
• The driver is negligent or reckless by speeding, running at stop signs, or failing to follow road rules, specifically the bike lane.
• The cyclist has been careful and cautious.

When the cyclist or the driver acts on the contrary to the safety of others, it is considered recklessness.

Who Is At Fault for the Accident?

The most dangerous place for cyclists are intersections because not all motor vehicles look for cyclists when turning. Determining who is at fault between a motor vehicle and a cyclist can be difficult. The cyclist is also required to follow the same rules as other vehicles. 

If the intersection has no traffic light or a stop sign, the rule of thumb is the first to arrive is entitled to make the first move. If both came simultaneously, then the driver on the right has to make the first move.

Almost ten percent of collisions involving bicycles occur at an intersection where the cyclist has a stop sign and the car does not. In this instance, the cyclist stops at the sign and takes off without considering the motor vehicle. The cyclist is at fault in this situation. 

If the motor vehicle driver stops at the sign and proceeds on the intersection even when the cyclist has the right way, the motor vehicle driver is at fault, unless the cyclist is riding against traffic. If the cyclist is on the wrong side or riding against traffic, both the cyclist and the motor vehicle driver may be at fault.

Riding a bicycle against traffic is against the law. The bike is a vehicle and is bound to follow the same traffic laws as other motor vehicles. The cyclist may not have seen the car, or the vehicle is traveling faster, the cyclist may be found at fault for the incident. 

The State Laws Define Traffic and Bicycle Laws

Motor vehicles and traffic laws are based on local state laws. This also includes bicycle lanes and bicycle laws. Not all states are strict when it comes to implementing bicycle helmet laws, but for those who require helmets, they require helmets for ages under 14, 16, or 18. California requires helmets for those under 18. New York requires helmet for those under 14.

Sharing the road means a collaborative effort between motor vehicle drivers and cyclists. To avoid accidents, including traumatic brain injuries, both parties need to be more cautious and mindful of other vehicles.

If you saw an accident on the road, it is best to call 911 as soon as possible. Assist the injured person and help them gather evidence — advise the injured person to contact a personal injury lawyer to help them in their situation.

Factors that Might Increase Your Chances of Death in a Car Accident

On average, 1.35 million Americans lose their lives because of traffic accidents. And 20 to 50 million people get into crashes ending up with non-fatal injuries. As much as some might be minor injuries, they can also lead to a disability.

These road accidents can quickly amount to huge vast economic losses. It is not just to the nation but also to their families and individuals. These losses are because those injured have to undergo treatment. Some will have to stay away from work for weeks or even months. With the loss of productivity, it means that the economy will not be growing.

According to various sources, road crashes can cost a country 3% of its GDP.

Today, we want to look at what factors might increase the chances of you dying in a car accident. We also look at who is at risk in most road accidents.

Socioeconomic status

More than 90% of these accidents will happen in places where the majority of the population is low to middle-income status. Reports from places like Africa show that the continent has the highest deaths due to accidents. It is not Africa alone, as for those in high-income countries; people from the lower-income backgrounds in the same country are more likely to end up in a traffic crash.

The age

Those who are likely to get involved in road accidents are teens and young adults. Then, as you get older over 75 years, you are also a risk factor when driving on the road.

Gender

It is not a stereotype, but mostly young males will likely get involved in an accident as compared to females of the same age. About 73% of all traffic accidents when a young driver is driving, it will be a male behind the wheel.

Accident Risk Factors to Keep in Mind

Below are some of the risk factors that might get you involved in an accident. Depending on the degree of the crash, sometimes those in a crash might end up dead because of severe injuries.

–          Speeding

We talk about speeding so much that it has become like a song. People who speed all the time are a risk to others. There is a reason we have speed limits on our roads. If you want to drive without speed limits, then head to a race track.

Whenever you speed even by 1 percent, you increase the risk of getting into an accident by 4%. Also, impacts at high speed are fatal in comparison to those that happen at low speed.

–          Driving under the influence

When we say driving under the influence, it does not have to be alcohol alone. It can also be narcotics or any other psychoactive substance. DUI is a common charge in most cases whenever a lawsuit related to a traffic crash is filed. Most states are tough on this charge to ensure the driver does not repeat doing it while behind the wheel again. Some might even have their license suspension as part of the verdict.

–          Ignoring to use helmets, child seats, and seat belts

A lot of time goes into designing child seats, helmets, and seat belts. From the research of all these safety products, it is easy to see that someone will survive an accident if they use them properly. But still, there are some who do not care about them.

In the case of a motorcycle crash, if you do not have a helmet, then the risks of dying just got higher. Even if you choose to get a helmet, it should be from an approved manufacturer. The helmet should also meet the industry standards to ensure that it is actually a safe product.

–          Distracted driving

Any distracted driving will lead to avoidable accidents that any driver can avoid. Some of the distracted driving includes texting while driving. To text, you have to take your eyes off the road to look at the phone’s screen. Some also eat while driving. This is also another form of distracted driving.

It is better to wait until you get to your destination before you can text, call, or eat to avoid distracted driving.

–          Unsafe cars

Sometimes car owners barely maintain their cars. Without essential maintenance, the vehicle can easily deteriorate to become a danger to you and others on the road. You should consider servicing the car more often as per manufacturer recommendations. An example is when the brakes are not worn. In such a case, stopping the vehicle becomes a problem. This could lead to some accidents which you can easily avoid.

Engage a professional lawyer

In case you become part of an accident, it is best to contact a personal injury lawyer. The lawyer will help you understand what your rights are in an accident so that you can file for a claim. Also, call the police as soon as the accident happens to get an official police report. A police report is crucial when seeking compensation for your injuries.

Why Do We Need a Personal Injury Lawyer?

Accidents can happen anytime. Injuries sustained during the accident often lead to unforeseen expenses, pain, suffering, and stress. If you are the victim of a crash, you can consult your injury attorney on what you should do.

Personal injury lawyers know the importance of time when it comes to filing a case against an accident. 

It is critical to choose a personal injury lawyer with a proven track record of successful cases and resources. A proven track record will help you be confident about the firm that is handling your case. 

What Are The Common Causes of Personal Injuries in Orange County

Car Accidents

Southern California’s main form of transportation is motor vehicles. Motor vehicle accidents are inevitable in Orange County. 

The two most common forms of reckless motorist behavior were speeding and impaired driving. These two are the leading causes of car accident injuries and fatalities in Orange County. The combination of the two is proven to be fatal.

Distracted driving also contributes to the number of motor vehicle accidents. If a driver removes his focus from the road to check a text message or even directions, then he will most likely be in a crash. Anything that distracts the driver from the supposed full focus allotted to just driving itself can be fatal.

If a driver has to look at his phone for directions, he should pull over before checking his phone. This will keep him and other drivers from a vehicular crash.

Motorcycle Accidents

Orange County’s beautiful coastline and perfect weather are some of the reasons why cyclists love this place. Orange County offers a unique travel experience for cyclists. Sadly, California provides less protection for the motorcycle riders. In 2015 alone, there are 1,400 motorcycle accident injuries and fatalities in Orange County alone.

Motorcycle riders report that the most common motorcycle injuries are road rash and broken bones. Even with the mandatory helmet use, motorcycle riders are still at a higher risk for traumatic brain or spinal cord injury compared to 4-wheel vehicle drivers.

Wrongful Death

When a person dies from an accident due to recklessness and negligence, the loved ones have a hard time accepting his fate. Surviving family members can file a wrongful civil claim against the party a fault. 

In case of a wrongful death claim, the family can ask for coverage of funeral and burial expenses, potential earnings the deceased would have earned, compensation for the loss of a deceased’s love, companionship, and financial support.

A wrongful death lawsuit can be filed by the following, in order, as specified by the law: a spouse, children, and grandchildren. If none of these are available or can be located, other next of kin, like siblings or cousins, may come forward.

Types of Compensation Available for Personal Injury

There are three main categories where the compensation will be made available to a personal injury victim. 

Special or Compensatory Damages

All of the unexpected expenses of the victim due to the accident falls under this category. When calculating compensatory damages, it is relatively easy to estimate a dollar amount, and it’s just a matter of collating records of the following:

• Medical care and/or treatment – Inclusion for this would be reimbursement for hospital/doctor bills, ongoing treatment, and long-term care and rehabilitation costs if applicable.
• Lost income/lost future income – For severe injury cases where the victim won’t be able to work because of the accident, compensation for the time they are absent from their job is entitled to the personal injury victim. In unfortunate cases where the victim succumbs to injuries that cause long-term or permanent disability, a lost future income may be entitled to them. It is also possible that this compensation is given for the rest of the victim’s life.
• Property Damage – This entails compensation for the damaged vehicle in an accident, be it repair or replacement.
• Burial and Funeral Expenses – A compensation for the funeral and burial expenses might be entitled to the next of kin if the accident resulted in the death of the victim.

General Damages

Some aspects of the damage of an accident can be harder to quantify and put a price on. It takes care of the emotional toll the victim has to go through due to the accident. The following can be included in this category:

• Pain and Suffering – This category typically compensates for the physical pain of the personal injury victim. It also includes compensation for the following: anxiety, mental anguish, anger and/or depression the victim may be experiencing related to the accident.
• Mental Anguish – Damages for mental anguish may be entitled to the personal injury victim for cases where the accident was particularly traumatic, including compensation for life-changing injuries (i.e. witnessing the death of a loved one in the accident, paralysis, disfigurement).
• Loss of Consortium – This category covers compensation for the spouse if the victim was killed in the accident. The surviving spouse is entitled to compensation for the inevitable emotional, physical, and financial loss of their loved one in this category.
• Loss of Companionship – Same as loss of consortium, compensation for the sudden emotional, physical and financial (in some cases) loss entitled to the nearest family member falls under this category.

Punitive Damages 

The victim may be entitled to this kind of damage in specific situations wherein the person liable to the accident acted in an especially irresponsible or reckless manner. In addition to the special and general damages, punitive damages may also be rewarded in cases like this.

The Statute of Limitations in Orange County

Residents of the entire state of California, including Orange County, have the right to file a personal injury claim against the entity or person who caused an accident due to their negligence or wrongful act within two years from the date of the accident. This applies to all types of injury claim, be it a slip or fall, motorcycle, or car accident. 

An important exception is given for the above statute of limitations. For minor victims (under the age of 18), the two-year limit for filing a case only starts when the injury victim turns 18.

Contact an Orange County Personal Injury Lawyer

Being injured in an accident affects you and your loved ones. The physical, financial, and emotional toll can turn your life around. When an accident happens, it is best to contact a personal injury lawyer at once to help you through the process.

Common Motorcycle Crashes

As bright as the sunny california, you’ll see a lot of bikers out there roaming the road since it’s the perfect weather to go outside. Yet, road accidents becomes frequent as well.

According to the federal government, per mile traveled in 2006, there were 35 times more deaths from motorcycle accidents than from car accidents. Because of these alarming statistics, it pays for motorcyclists to learn about the most frequent causes of accidents and then use this information to reduce their level of risk.

• Motorcycles in Head-On Collisions

Crashes involving motorcycles and other vehicles account for 56% of motorcycle accident deaths. In the vast majority of these accidents, the car strikes the motorcycle from the front –78% of the time. (The car strikes the motorcycle from the rear only 5% of the time.) Head-on collisions between a car and a motorcycle are often fatal to the motorcyclist.

• Cars Making Left-Hand Turns             

The single most dangerous situation for motorcyclists occurs when cars are making left-hand turns. These collisions account for 42% of all accidents involving a motorcycle and car. Usually, the turning car strikes the motorcycle when the motorcycle is:                                        

1. Going straight through an intersection
2. Passing the car, or
3. Trying to overtake the car.

• Motorcycle Lane Splitting

Lane splitting occurs when a motorcycle drives between two lanes of stopped or slowly moving cars, usually in traffic jams. Lane splitting is a common cause of motorcycle accidents due to several factors:

1. the close proximity of the cars to the motorcycle
2. the reduced space the motorcycle has to maneuver, and
3. the fact that the cars don’t anticipate that any vehicle or motorcycle will be passing them in slowed or stopped traffic.

• Motorcyclist Speeding & Alcohol Use

About half of the accidents involving a single motorcycle are caused by speeding or alcohol use. This statistic is not surprising and these factors play a large role in accidents among cars and other vehicles as well. However, because motorcycles don’t provide much protection to the rider, crashes involving speeding or alcohol are much more likely to result in death or serious injury.

• Collisions Between Motorcycles and Fixed Objects

Motorcycles colliding with fixed objects accounts for 25% of motorcyclist deaths, but just 18% of car crash deaths. Again, because the motorcyclist is not surrounded by a box of metal and is likely to be thrown far and hard, such accidents are more deadly when riding a motorcycle.

• Road Hazards Facing Motorcyclists 

Motorcycles face higher dangers from road hazards than do cars and other vehicles. Due to the smaller size and less stable nature of the motorcycle, potholes, dead animals, slick pavement conditions, uneven heights between lanes, and other irregularities or unexpected objects in the road pose a serious safety threat to motorcycles.

Motorcyclists than car drivers are more at risk for fatal or serious accidents on the road. Yet, motorcycle riders can prevent this whether it be taking extra care when lane splitting, anticipating road hazards, or resisting the temptation to speed.

BE SMART. BE SAFE.

Riding a motorcycle is obviously dangerous.

To reduce the possibilities of getting injured, we must be educated and be protective to ourselves. Aside from gears and knowledge. Hiring an attorney can help us in the most possible way in case we are involved in an accident or unfortunately, get injured.