Articles Posted in Bodily Injuries

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.

Slip-and-Fall-Blog-Photo-300x225

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.