07 Jul
Articles

The Best Thing You Can Do After A Car Accident Is Hire A Lawyer. But Why?

Car accidents are common, and many people think they can handle it on their own. But that’s not the case. A lot of things can go wrong, and the consequences can be life-changing. When you’re in an accident, it’s easy to panic and make bad decisions. And if you don’t have legal representation, there will be plenty of people trying to take advantage of your situation—including insurance companies and other drivers who may have caused the accident. That’s why it’s essential to hire a lawyer as soon as possible after an accident occurs.

The car accident you just had may seem like an accident now. But soon, it could become a nightmare. Even if you don’t think you were at fault for the crash, it’s possible that you could be named in a lawsuit against the other driver or their insurance company. And if you are responsible, you can bet that they’ll want to get as much money out of you as possible.

That’s where we come in: The Injury Law Firm is a team of experienced lawyers who can help you fight back and get compensation for your injuries. You were just minding your own business, driving along in the car you’ve had for years, when suddenly—WHOOSH! A flash of brown and a screech of brakes. A truck has veered into your lane, and now you’re trapped.

Know that you’re not alone. According to the National Highway Traffic Safety Administration, there are over 6 million car accidents that occur every year in the United States. That number doesn’t even include the smaller fender-benders that don’t require an emergency room visit or hospitalization. It also doesn’t include the hundreds of thousands of people who are injured each year while riding bicycles or motorcycles. And if you’re one of those injured bicyclists or motorcycle riders, we know how much it hurts—and how much it costs to get back on your feet again.

We’re here for you—not just after your accident, but all through your recovery process. We can help with everything from getting medical care for any injuries sustained during the accident to negotiating with insurance companies to get fair treatment and compensation for your pain and suffering. We’ll fight for your rights—and make sure you get what’s coming to you!

And if you don’t have an experienced lawyer on your side? Your chances of recovering damages from the person who caused this accident are much lower—and it’s not just because they might be in trouble with the law. It’s also because they will likely have an insurance company that wants to protect them from paying out any money at all. They will fight hard to minimize your recovery or even deny it altogether.

When you are involved in a car accident, the last thing you want to do is wait. You’re likely shaken up and confused about what to do next. You could be dealing with injuries, medical bills and lost wages. The thought of having to deal with the insurance company makes you sick to your stomach.

Don’t assume that everything will be fine if you just call your insurance company. In fact, it’s not uncommon for people who’ve been in car accidents to be taken advantage of by the insurance companies they call. These companies know that most people don’t know what their rights are after an accident, so they take advantage of this and often tell them things like:

“You can’t sue us!”

“We’ll pay for all of your medical bills!”

“If you don’t accept our offer, we’ll drop your claim.”

But here’s the thing: these aren’t true statements! And if you say “yes” to one of these things without talking to a lawyer first, you could end up losing money or not having any kind of justice at all.

The Injury Law Firm can help you fight back against these tactics and get what’s owed to you after an injury caused by someone else’s negligence. We’ll provide expert legal counsel every step of the way so that you can focus on recovering from your injuries. Let us help. We know what it takes to get through your case, because we’ve done it thousands of times before. Our firm has recovered millions of dollars for our clients. We will take care of all the details so that you don’t have to worry about one thing while you focus on getting healthy again and getting back on your feet.

04 Feb
Articles

WHAT INJURIES OCCUR IN A REAR-END CAR ACCIDENT

Rear-end car crashes result in a myriad of physical and cognitive injuries – from minor aches in neck and head to a severe traumatic brain injury. There is an average of 1.7 million rear-end collisions that occur in the United States every year. Nearly 500,000 people are injured while 1,700 die. These crashes make up almost one-third of all crashes in the United States most of which are caused by distracted drivers according to the National Highway Traffic Safety. Other factors include:

  • Poor brake lights
  • Sudden Stops
  • Improper Following Distances
  • Speeding
  • Texting while driving
  • Unclear Lane markings and traffic signs
  • Weather Conditions
  • Visibility

MECHANISM OF INJURIES

When a person is in a rear-end car accident, the forces from behind cause the head and neck to suddenly hyperextend forward and then backward. This is sometimes called a cervical acceleration-deceleration injury. When the forces come back into the headrest, the neck and back can be compressed causing axial loading on the spine. Four phases occur during “whiplash” type injury to the head and neck: Initial position (before the collision), retraction, extension, and rebound. This hyperextension results in tearing of the muscles, nerves, and tendons. It can cause bones to shift and even fragment. In worse cases, it can cause the brain to sheer and twist in the skull depending on the nature and severity of the rear-end collision. This is sometimes called a coup-contra-coup injury where the brain is accelerated into the cranium as the head and neck hyperextend and is then accelerated into the other side as the head and neck rebound.

TYPES OF INJURY

Like many personal injury cases, the nature and extent of the injury caused by a rear-end collision depend upon the person involved in the crash and the forces placed upon them. A lot can be determined by the physical damage to the property and the nature of the impact to calculate how much force was involved in the crash.  This is often called the Delta V. It also depends upon the health and makeup of the occupants. For example, someone who is more fragile would require less force to cause an injury. Types of injuries that are common include:

  • Headaches at the base of the skull
  • Neck pain and stiffness
  • Muscle Spasm
  • Loss of range of motion
  • Radiating Pain Down the Arms, Chest, and Back
  • Dizziness
  • Fatigue

Rarer, but just as likely conditions, including spinal cord damage, ruptured disks, stroke, visual disturbances, problems hearing, and traumatic brain injury.

WHAT SHOULD YOU DO AFTER A REAR-END COLLISION?

If you were involved in a rear-end car accident, several things must be done to protect yourself.

  • Most Important, check for injuries to yourself and the other people in the vehicle.
  • Call 911 so police and paramedics arrive to address your health concerns and document what happened.
  • Get immediate medical attention even if you do not think you are that injuries as many injuries don’t present for days.
  • Call a lawyer you trust to help you navigate through the claims process and assist in getting you any additional medical treatment you need.

Insurance companies will try to minimize these damages that can have prolonged and life-altering effects that will affect a person’s quality of life. Just because the property damage is smaller does not mean the damages to the occupant are insignificant. A lawyer will make sure you are taken seriously and hold the insurance company responsible for all the pain and discomfort caused by this car crash.

The Injury Law Firm has over 20 years of experience handling rear-end car accident and truck accident cases. If you have sustained injuries because of a rear-end car crash, an attorney at our firm can help you recover financial compensation for the losses you have suffered, including medical bills, property damage, lost wages, and pain and suffering. Call us today at (844) 311-1100 to schedule a free consultation with legal team to see if we can help.

 

14 Dec
Articles

Truck Accidents Tragedies On The Rise During The Holiday Season

With all the holiday cheer and sharing celebrations, trucking companies and logistic brokers like UPS, Fed Ex and Amazon are busily helping deliver gifts around the global as Santa’s little helpers. With traffic congestion at 36% more vehicles on the road, and large volumes of transported goods, the risk of devastating crashes resulting in significant injuries increases. By example, The Washington Post reports that FedEx delivers nearly 300 million parcels during the holidays, while USPS delivers nearly 600 million packages.

What are the Reasons For So Many Crashes?

With family road trips for the holidays and the spirit of gift-giving, thousands of miles of roads are driven. put many miles on their vehicles as they travel to family gatherings, some hundreds of miles away. This traffic leads to a high number of motor vehicle accidents, many involving semi-trucks whose numbers are higher during holidays just due to demand. This substantially increases the grave risk of serious if not fatal accidents as the family car is no match for the size of these trucks. Some reasons for these horrific crashes include:

  • Schedule restrictions
  • Increased traffic
  • Increased construction
  • Weather
  • Lack of drivers
  • Lack of adequately trained drivers
  • Fatigue, health condition, or substance abuse by drivers
  • Poorly maintained truck fleets

Regardless of the cause, it is critical to retain an experienced truck accident attorney to help you investigate your case and determine liable parties. With a knowledgeable truck accident lawyer on your side, we can hold the profit-minded trucking company responsible for your injuries.

How Can You Help?

Although nearly impossible, the best way to stay safe is to stay home when traffic is congested avoiding the risk of being exposed to large trucks and commercial vehicles.  Otherwise, always practice safe defensive driving technics. You can also install a reliable dash camera to capture evidence if something happens while driving. Avoid sitting next to or in the blind spot of any commercial vehicles. Remember to keep your distance especially during inclement weather or avoid being on the road altogether. Finally, don’t rush. Leave early enough and plan time so you are not enticed to exceed the speed limit or take any risks to reach your destination.

How Can We Help?

If you or someone you know is one of the unfortunate ones that have suffered the fate of being involved in a trucking accident, it requires significant assessment and skills to evaluate liability, determines fault, facilitate treatment, and obtain compensation for the often-catastrophic damages. With every effort to highlight truck safety and awareness, we work vigorously to advocate for stronger truck safety and obtain the justice you deserve. If you have been involved in a truck accident, call The Injury Law Firm to see how we can help you begin your journey to recovery.

05 Aug
Articles

How To Cope With Grief From A Wrongful Death

Grief can be overwhelming –physically, emotionally, and mentally—when a loved one suffers a personal injury that results in wrongful death. From shock or anger to disbelief, guilt, and profound sadness. The vacuous pain a person suffers after losing a loved one leaves a void. Although time does help, it often requires more assistance to cope with this type of loss.

There are five stages of grief when suffering a loss:

  • Denial
  • Anger
  • Bargaining
  • Depression
  • Acceptance

Everyone must go through the journey at their own pace.   And if you do go through these stages of grief, you probably won’t experience them in a concise, sequential order. But the stages cannot be ignored. Trying to ignore pain or keep it from surfacing will only make it worse in the long run.  People must be reassured that feeling sad and lonely is a normal reaction to losing a loved one in wrongful death.  Crying is OK and anger about what happened is not abnormal.  All injuries are different.

This begs the question of how to deal with the grieving process after being a victim of wrongful death. First, the family members must acknowledge the pain by way of accepting it as being real.  Sometimes seeking support from community members, other families, religious organizations, and even professionals can help move this process along.  Family members gravely affected by the loss may also require medication management in order to mute the all-consuming feels of loss, despair, profound sadness, guilt, anger, and fear of being left alone.

Separate from the emotional symptoms, medical treatment may be necessary due to a physical reaction to a loss.  Family members stricken with grief can get insomnia, nausea, weight loss, and physical pain associated with their emotional losses.  If the symptoms persist, it can lead to further medical complications including drug and alcohol abuse, or even suicide.  This is why it is important to seek guidance immediately after suffering a wrongful death of a family member.  The burden of grief is easier to carry if carried by more than one person.

The Injury Law Firm is extremely familiar with the significant loss that is suffered when a family member losses a loved one due to someone else’s mistake.  In addition to turning to friends and family for support, the sophisticated legal team at The Injury Law Firm can help with additional resources to research legal theories and make sure the adverse party is held accountable and give family members a sense of justice and closure. At The Injury Law Firm, our attorneys are prepared to explain the process to you and listen to your story with compassion. We have handled thousands of wrongful death cases involving many different scenarios—from car accidents to truck accidents to product defects. We push to help a family move forward after death and into a better position after such a tragic loss.  Call us to see how we can help.

29 Apr
Articles

HOW DO I HOLD MY EMPLOYER RESPONSIBLE FOR REMOVING A GUARD?

When injured at work, there is a very narrow exception to the workers’ compensation exclusive remedy doctrine for civil damages against an employer where the employer has caused and/or prevented its employees from safely operating power presses without guards. Generally, an employee’s rights against his or her employer for injuries suffered on the job lie solely under the workers’ compensation law.   The main questions to ask are:

  • Is the machine that caused the injury a power press?
  • Did the employer remove or fail to install the guard? and
  • Did the power press machine cause the injury to the employee due to a lack of proper guarding?

What is a Power Press?

A power press as a material-forming machine that utilizes a die designed for the manufacture of other products. A die is a tool that imparts shape to material by pressing or impacting against or through the material . . . by punching, stamping or extruding. Rosales v. Depuy Ace Medical Co. (2000) 22 Cal.4th 279, 285.  A machine that simply had a cutting head, like a saw, is not a power press.  In addition, a machine with a die not used to manufacturer another product, such as a newspaper printer, is not a power press.

When is the Employer Responsible?

An employer is liable under the narrow exception to the workers’ compensation exclusive remedy when the employer specifically authorizes the removal of or fails to install the guard on the power press. A guard  a worker’s hands outside the point of operation die space while operating a power press. A machine may have more than area that requires a guard on each machine.  The guard must be attached to the power press.  It cannot be easily removed such as a loose block of wood.

Actual Knowledge is Requires for the Power Press Exception. Simply stated, a worker must prove the employer knew a guard was removed or was never installed.  With actual awareness, an employee would be precluded from bringing a claim under the power press exception.

Did The Lack of Guard Cause Injuries?

Power presses are industrial machines with extremely high risks of causing injuries when guarding has been removed or never installed. Some of the risks that cause injury in the absence of guarding include: inattentive operators, poorly trained operators or even machine malfunction.  Whether powered by hydraulic pressure or other power source, guarding is intended to prevent and/or reduce the risks associated with the factors that lead to these types of injuries. Common injuries caused by a power press malfunctions include:

  • Amputations
  • Crush Injuries
  • Lacerations
  • Nerve Damage
  • Chronic Regional Pain Syndrome
  • Loss of Motor Function
  • Death

Conclusion

Although very narrow, the power press exception is of critical importance in the no-fault worker’s compensation system as it prevents the employer from shielding itself behind the workers compensation exclusive remedy.  The reason is simple— we need to keep our employees safe.   Requiring employers to protect against foreseeable risks of injury with a guard in place is a small ask to prevent a tragic injury.

18 Feb
Articles

How to Stay Safety While Riding Motorcycles

Motorcycles are the most exposed vehicles on the street. Despite helmet use, motorcyclists are still are at greater risk of death or severe brain injury to those in cars. With less safety protection than cars and with only two wheels they are unstable and vulnerable to traffic conditions and road hazardous.  According to the National Highway Traffic Safety Administration the number of deaths to occur in motorcycle accidents were 28 times more likely than passenger motor vehicle deaths per mile traveled. According to the federal government, per mile traveled in 2006, there were 35 times more deaths from motorcycle accidents than from car accidents.  A motorcycle, unfortunately, lacks common safety features such as airbags and seatbelts.  There is essentially no bodily protection for the rider.

Common causes of motorcycle accidents are:

  • Speeding
  • Lack of visibility
  • Poor weather
  • Merging Vehicles
  • Cars making a left turn
  • Inexperienced motorists
  • roadway imperfections or construction

Due to the nature of these catastrophic collisions, it is not uncommon for the motorcyclist to sustain internal bleeding, road rash, burns, fractures, paralysis, traumatic brain injuries, or even death.  Injuries can be life altering and life threatening.  It often require significant time and expense to get back on your feet while you heal.

Who is responsible for the motorcyclist’s injuries? 

If another person is careless in operating their car, they can be held liable for the damages caused. A plaintiff’s motorcycle accident lawyer will need to prove with evidence that the other driver did something wrong that injured the motorcycle rider such as failing follow the rules of the road.  The attorney must show that the defendant’s carelessness caused the accident and resulted in personal injuries. Retaining experts is almost always necessary to assist in this evaluation.  The expertise of a motorcycle accident lawyer gives you the best chance at proving your case and helping you get back onto the road of recovery.

What can you do to stay safe? 

There are a few basic things every rider should know in order to stay safe on their motorcycle. The first rule is to always wear protective gear including a DOT helmet. Riding clothing such as gloves, jackets, pants, suits, and boots is also critical.  This will help protect you if you come off your bike at some point. You can also take defensive motorcycle safety driving courses.  Finally, constantly train your body and brain to assume that other riders don’t see you.  That way you are always vigilant to exercise every effort to avoid a collision.

If you are someone you know has suffered an injury in a motorcycle accident, call The Injury Law Firm for a free evaluation.  We can help determine who is responsible for the crash and get you the necessary medical care and attention needed to get back out on the road.

29 Dec
Articles, Uncategorized

WHY DO I NEED A PERSONAL INJURY ATTORNEY

You’ve been in an accident and your hurt.  You think you can handle the claim process and necessary medical treatment all on your own.  Unfortunately, this person is exactly the prime target for an insurance company to take advantage of in our judicial system.  Here are some reasons why you should just hire a lawyer:

  1. We are Trained To Do This

People who suffered catastrophic injuries should focus on getting better and not on pursuing a claim—that is what an attorney is trained to do.  Attorneys go through years of training and experience just to make the injured victim’s recovery an easier process.  An attorney has the legal knowledge to appreciate the claims process, evaluate coverage issues, and proactively obtain benefits and coverages for a loss.  In addition, many have a network of professionals who can coordinate getting your car fixed and obtaining necessary and appropriate medical treatment.

Most important, an attorney is in the best position to evaluate if you have a case and against what individuals or companies, maximizing all the angles to pursuing and increase the potential resources to compensate the client.

  1. It Costs You Nothing

At the Injury Law Firm, we partner with our clients in a symbiotic relationship where we only recover if the client recovers money.   We also advance all costs, which sometimes can be significant, to advance the process from its inception, through litigation, and to conclusion.  We will also coordinate medical treatment that your medical insurance many not cover, if there is available insurance, and get you back on your feet, which is something most people cannot do on their own without having to pay for it upfront.  You don’t pay a dime unless you win a settlement or court award.

  1. Your Time Is Valuable

Dealing with insurance companies is time-consuming and stressful. There are endless phone calls, paperwork, and strategic decisions to make.  When you hire a law firm, the attorney and staff handle all that for you, freeing you up to focus on your recovery.

  1. A Lawyer Can Maximize the Recovery

Attorneys routinely deal with car insurance companies and defense attorneys for a living and are used to the typical responses, gamesmanship and normally tactics to minimize their client’s exposure.  The Injury Law Firm will obtain the maximum compensation that is possible in your case because this is what they are trained to do by making sure they vigorously advocate for liability positions, obtain all necessary medical treatment to get better, and demonstrate the significant exposure to the other parties insured if they don’t pay full value.

You have nothing to lose by hiring a lawyer.  People make mistakes and they need to be held accountable.  When people aren’t held accountable for their actions, they can’t learn from their mistakes so it does not happen again. If you’ve been injured in an accident that was not your fault, contact the attorneys at The Injury Law Firm for the justice you deserve.

24 Nov
Articles

CAN TRUCKING COMPANIES WHO HIRE INDEPENDANT DRIVERS TO DELIVERY GOODS AVOID RESPONSIBLE FOR TRUCKING ACCIDENTS?

Trucking companies as logistic brokers for the delivery of goods will hire independent drivers to cart their goods from state to state. When the driver causes a crash, the trucking company has tried to avoid liability claiming the driver is an independent contrary. Despite these efforts, a logistics carrier who carrying goods for compensation, cannot delegate away its legal duty under the Motor Carrier Act to an independent contractor to safely operate vehicles on public highways. Vargas v. FMI, Inc., (2015) 233 Cal.App.4th 638. The non-delegable duties doctrine prevents a party that owes a duty to others from evading responsibility by claim to have delegated that duty to an independent contractor hired to do the work. SeaBright Ins. Co. v. US Airways, Inc. (2011) 52 Cal.4th 590, 600-601.

Highway trucking companies cannot insulate themselves from liability for negligence in the conduct of their business by engaging independent contractors to transport freight for them. In order to protect the public from financially irresponsible contractors, and to strengthen safety regulations, it is necessary to treat the trucking company’s duties as non-delegable.
The Federal Motor Carrier Safety Act enumerates requirements that the truck company assume complete responsibility for operating the equipment during the trip, and that the truck company is prohibited from delegating responsibility for operating motor vehicles to independent contractors. In fact, it requires a motor carrier transporting property to obtain public liability insurance or other proof of financial responsibility sufficient to pay for injuries caused to third parties in the public.

Although a trucking company may allow for an independent driver to carry its load, the company retains ultimate responsibility for the vehicle’s safe operation. If an collision occurs, these trucking companies must be ultimately responsible for satisfying a judgment for bodily injury or death to any individual caused by the negligent operation, maintenance, or use of motor vehicles.

Consistent with a strong public policy of holding entities financially accountable, effective representation by a skilled plaintiff’s lawyer will have to overcome the frequently debated “independent contractor” defense where the truck company throws the driver under the bus. In the absence of holding the company liable, the injured victim is likely limited in their recovery against a solo truck driver with presumed small insurance limits. Understanding the path to recovery against all truck companies in the chain of distribution is critical to maximize available compensation for truck injury victims with a host of prolonged and expensive medical care needs and support. Call The Injury Law Firm to see how we can help.

06 Nov
Articles

Why are Truck Drivers “More” Responsible For Accidents?

Operating a commercial truck is dangerous unless basic safety rules are followed.  When a person becomes a victim of a trucking accident there are often many organizations involved that can be at fault including:

  • The truck driver
  • The owner of the truck
  • The leasor of the truck or trailer
  • The logistic company that routed the truck’s delivery of goods
  • The manufacturer of the truck or its components
  • The road in which the accident occurred.

To evaluate truck operator and ownership responsibility, the first question is whether any laws or regulations were violated governing the trucking industry and its drivers.  These laws are can be found in Title 49 of the Code of Federal Regulations or through the U.S. Department of Transportation (DOT) and the Federal Motor Carrier Safety Administration (FMCSA).  Some areas that statutorily regulated drivers are:

  1. Use of alcohol and/or drugs.
  2. Poor health of the driver/failure to pass drivers’ health qualifications.
  3. Exceeding driver hours of service.
  4. Failure to keep logbooks of drive time.
  5. Failure to annually review the driver’s driving record.
  6. Inadequate/improper maintenance of the truck.
  7. Inadequate/improper repairs of the truck.
  8. Improper pre-trip inspection.
  9. Lack of safety inspections or routine maintenance.
  10. Exceed gross vehicle weight limits.

In addition, when examining the truck driver, careful consideration should be made about what training they received on safety for driving a commercial truck.  Typically, truck drivers are trained to be defensive drivers.  They are told to stay alert and aim high while visually scanning the road ahead of them and to both sides. Fatigue and drive inattention gravely effects what is directly in their line of sight if not  trained on these rules of the road.  Some other factors to consider including improper lane changes, failing to signal, dirty or poorly adjusted mirrors, failure to yield or even mechanical failures such as defective or poorly maintained brakes and tires.

Aside from the truck driver and owner/lessors, the organization that sent the truck to deliver goods can also be liable.  Transportation logistic brokers have increasingly been exposed to greater civil liability through the expansion of vicarious liability for the alleged tortious conduct of their for-hire independent contractors. Logistics carrier who contract with others to carry goods for compensation, cannot delegate away its legal duty under the Motor Carrier Act to an independent contractor to safely operate vehicles on public highways.  Vargas v. FMI, Inc., (2015) 233 Cal.App.4th 638.  The non-delegable duties doctrine prevents a party that owes a duty to others from evading responsibility by claim to have delegated that duty to an independent contractor hired to do the work.  SeaBright Ins. Co. v. US Airways, Inc. (2011) 52 Cal.4th 590, 600-601.  Accordingly, if company A hires company B who hires company C to deliver goods, and company C is in an accident causing injury, all three companies can be liable for the harm caused.  Public policy behind this intends to hold entities financially accountable and prevent ‘passing the buck” without taking into consideration safety of all truck drivers on the open road.

Finally, even if the truck driver or is companies is not liable, additional investigation should be made about any defect to the truck, the trailer or the roadway itself.  A product may be “defective” because of a manufacturing defect, a design defect, or a warning defect.  With a truck, it could involve any aspect of the vehicle including its brakes, tires, suspension, axial load, or even lights and/or reflective stickers.  With roadways, there are numerous possible hazardous including,

  • Steep slopes, faulty guardrails, or fixed objects close to the road
  • Sight distance obstructions
  • Improper signage
  • Defective light or traffic control sequences
  • Inadequately controlled highway or street intersection
  • Uneven paved surfaces or drop offs
  • Construction or maintenance work zones
  • Improper traffic diversions
  • Other dangerous conditions on public roadways

Careful consideration should be made concerning whether any truck unit or its components played any role in causing or contributing to the harm suffered by the victim as it is potential an additional source of recoverable compensation.  The same analysis should review whether the road itself increased the risk of injury to the victim of the truck accident.  If you or a loved one suffered a catastrophic injury in a truck accident, call to let our legal team analyze your facts to see what we can do to help.

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