Articles Posted in Bodily Injuries

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In the past few years the number of traffic accidents have been devastating all over the country. Many of these accidents are the result of a distracted driver. There now seems to be a greater push in technology world to make cars safer, and drivers more aware.

The technology in Automobiles have come a long way over the past several years, they are not quite driverless yet, but they are getting close. Vehicles now come equipped with, lane change detection, auto-slow-down cruise control, blind spot detection, parking assistance, along with front and rear facing cameras that let you know when you are close to something, alarms that tell you to watch something near you, among many other features. We are now seeing rapid technological growth in artificial intelligence. Due to this growth, these vehicles are operating more and more on their own.

It’s winter time and there are many people out on the roads traveling to see friends and family. Between the Holidays and the Winter Road conditions, roads can get very busy, and the weather can create circumstances that we don’t usually have to think about! During these winter months it is incredibly important to be aware of your surroundings while driving, don’t be distracted and always make sure you are prepared for all weather conditions! Rain and snow can cause additional issues on the roadways and we here at Travis Black and Associates would like to give you some tips to help you out this winter season. If you are preparing to go on a fun winter road trip you have plenty of wonderful options!

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First you need to decide where you want to go and what activities you want to partake in! There are many great places near the Sacramento area that offer that adventurous winter trip you are looking for. We are not too far from Tahoe, Yosemite National Park, Mt. Shasta and the Sierra Hot Springs!

Tahoe is just a short drive from our local area, and it is a magical place to be in the cold winter days! But, before you pack up the car and head up to enjoy the wonderful snow cap mountain views of Tahoe or any other place you decide, be sure you have the appropriate tires or chains that fit your car in case you need it! Make sure you have a full tank of gas and that someone knows where you are headed, and how long it should take you to get there! Always, make sure someone is aware of your travel plans and make sure to check in with them as planned, so they don’t have to worry.

It’s Christmas time and many of us are wondering what to get our loved ones. Well if your loved one owns a motorcycle, check in with them and see if they have everything they need in order to be riding on the roads this holiday season. Make sure your loved one has an appropriate Helmet and the safety gear needed to protect themselves.

In current times, with gas prices being as high as they are, a motorcycle is a fun, exciting, and efficient way to get where you need to be. Although it is fun, you don’t have much protection around you, which makes you incredibly vulnerable every time you get on your bike.

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According to US Department of Transportation National Highway Safety Administration 4,976 people died in motorcycle accidents in 2015 which was up 8.3 percent from the previous year. In California alone, more than 11,000 motorcycle riders were injured in auto related accidents in 2013, along with an additional 480 deaths. Even the safest motorcyclist cannot account for the dangers they are up against when they are on their bike. No matter what safety measures are taken, they cannot control the reckless drivers around them.

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After a car accident many people hope to resolve the claims that arise from the accident on their own, but those that attempt to resolve these claims on their own are often left wondering if they need a lawyer to assist them. Whether or not you need a lawyer depends on the extent of your injuries and how it is affecting your life. If your car has minimal damage and the person that hit you is adequately insured, you may not need a lawyer to assist you. If your injuries are minimal and will not require treatment and time off of work, you may not need a lawyer to help you. But, if your injuries are significant, or you have high medical bills or a lot of damage to your car and are not being treated fairly by the car insurance company, you may need to seek legal advice from a qualified personal injury attorney that can assist you in getting the results you deserve.

If you are injured in a car accident, and you call and make a claim with the insurance company of the person that hit you, they will likely take a statement from you, and begin to evaluate your claim and possibly offer you a settlement. We suggest that you don’t give a statement to anyone other than the police officer at the scene of the accident, but many people don’t know any better and do provide a statement to the insurance carrier. If you are reading this and already gave a statement, don’t worry it is something we can deal with, as it happens all the time. If you have had some conversations with an adjuster and the insurance company offers you some form of a settlement, it is usually not enough to cover all your losses. This settlement is usually much less than what you would get, if you had adequate representation. If you have damage to your car and you are injured here are some of the damages you may be entitled to:

1. A settlement for the damage to your vehicle.

When you are involved in a motor vehicle collision and you are injured there are certain questions that every injured party wants answered. Some of this information and the corresponding insurance terms can be confusing, and rightfully so since often times this information has never been explained to you. In order to pursue a claim against the party that caused the collision there are certain things that a personal injury lawyer must determine. One of the initial factors that must be determined is liability.  Once liability is determined, then a Negligence claim can be made for Damages.

What is Liability?

Liability simply means who is “liable” or at fault for the accident. Once liability is determined; the person found liable will be responsible for any harms and losses that they have caused you or your family.

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Premises Liability

Slip and fall injuries are often covered under what is known as premises liability cases. These injuries often occur at a place of business, but the incidents can also occur just about anywhere from a government building, to a residential address. Premises liability cases, refer to the legal responsibility that the owner and/or occupant of a certain premise has towards the people or customers who attend or visit that property. However, liability in these matters is not guaranteed, in fact, often times liability can be quite difficult to prove. Responsibility does not automatically become imposed. Instead, it must be proven that the slip and fall incident was caused by an owner who created, or allowed a defective or dangerous condition to exist.

Premises liability laws vary from one state to another. However, most basic circumstances are the same regardless of where in the country the slip and fall accident occurs. It is often interesting to focus on the statutes that exist in California as the laws in California usually become nationally prevailing laws. In many cases, an injured party may have fallen at their local or national grocery store due to a spill and/or substance found on the ground, as the photo above shows. However, that spill in and of itself is not enough to assume liability against the store owner or its employees. The store is allowed time to be alerted to a spill, and they are allowed an opportunity to address that spill before they can be found liable for a fall resulting from that spill.

In most major stores you will find a “sweep schedule” or an “inspection schedule”, they do this in order to monitor their floors and they will tell you that they do this in order to protect their customers. But, the truth is they also do this to protect themselves from potential lawsuits and potential liability in the event a spill leads to an injury. However, in most states they are allowed reasonable time to address the issue. But, often times the issue is overlooked, or not handled in that reasonable window of time, which may lead to a fall. In these instances you need to gather as much as evidence as possible and contact an attorney for further assistance. Stores have video surveillance that needs to be stored and protected, as this will show when the area was last inspected that area prior to a fall. Additionally, this footage may also show the actual incident itself, which can become incredibly important should the case go to trial.

Call a motorcycle attorney that rides! A true motorcycle enthusiast all his life, Travis Black has ridden a motorcycle most of his life. He started off with a 1970 Honda 350 and has owned over a dozen motorcycles since this first one. One of his passions is touring the U.S. on a motorcycle.

He has ridden for years with the Blue Knights, an international organization of active and retired police officers that share the passion of riding motorcycles. He has ridden through most of the U.S. with the Blue Knights. His lifelong passion for riding naturally led him to help fellow bikers who were being taken advantage of in personal injury cases by greedy insurance companies.

Over the years I have found that once other motorcycle riders learned that I was a retired police officer and an attorney that specialized in motorcycle accident cases they would often ask me the same questions about the different aspects of motorcycle insurance, accident claims, dealing with injuries and getting their motorcycle repaired. That is why I have supported motorcycle riders for over 25 years.

Brain InjuryIf you or a family member or friend has sustained a traumatic brain injury as a result of an automobile accident or a slip and fall, trying to understand your legal options can be a very difficult task. Simply understanding the challenges they may face while trying to live with this new condition is in itself incredibly difficult.

Over half of all reported traumatic brain injuries are the result of an automobile accident. In 2006, a study was done at the Atlanta National Center for Injury Prevention and Control regarding the correlation between auto accident and traumatic brain injuries. This study showed that out of the roughly 1.4 million people involved in auto accidents annually, 280,000 people in the U.S. suffer from a motor vehicle induced traumatic brain injury each and every year. In fact 20% of all brain injuries result from motor vehicle accidents!

So what causes a brain injury? We know that the human brain does not fit tightly inside our skulls. When a person’s head hits a solid object like the steering wheel, headrest or window, or is violently thrown forward and backwards, trauma to the brain can occur. The sheer force of the crash can cause the brain to collide against the interior of the skull, which can cause the brain to bleed causing added pressure on the brain.

Auto AccidentIn the United States there are over six million car accidents each year. For the most part, these accidents primarily involve property damage claims. Unfortunately, roughly one in every three auto accidents do involve a personal injury, sustained by either the driver or the passengers involved. According to the California Highway Patrol  there were 223,128 people injured as a result of an auto accident in the state of California in 2013.

Now most people are under the assumption that auto insurance carriers will help you if you are involved in an auto accident, however that is only true in some cases. The truth is there are many factors involved here, such as which insurance companies are involved, and the corresponding coverage that may or may not apply. The most important thing you can do after an auto accident, is protect yourself and there are several ways you can do that.

If you are involved in an automobile accident, there are some very important things you can do to protect yourself and your interests. First and foremost, after the accident, you want to make sure that you pull over safely to the side of the roadway. If your vehicle is able to be moved from danger, you should do so, this is important for the safety of everyone involved including those additional drivers approaching the accident scene. Once you and your vehicle is safely secured you can now begin the initial steps in this process. Of course you want to exchange your insurance information with all parties involved and you will most certainly want to notify the police department of the accident, however there are additional steps you can take to protect yourself.