Safety should be a priority when you drive on the freeway. To help our readers become safer drivers on the freeway, we have created a shortlist of the most important safety tips to consider.
Defensive driving is one of the best techniques you can use while on the road because you can more easily anticipate other drivers’ mistakes. Many drivers may not slow down to let you merge onto the freeway, or will not allow you to change lanes, even if you are putting your signal light on. These are just some examples of the problems you can avoid using defensive driving. Instead of expecting other drivers to perform certain actions, you are constantly on the lookout and will be able to act accordingly, even if they are in the wrong. It is best to be safe than sorry, and no one likes getting in an accident. Avoiding wreckless drivers, is always a good strategy.
Safemotorist reports that 66% of traffic fatalities are caused by aggressive driving. Road rage is a real issue! It is better to overlook another driver’s mistake or negligent behavior. If you ever feel stressed by another driver, take a deep breath and let it go. If you allow yourself to become agitated by drivers, you can also begin to drive dangerously due to your emotional state.
Keep Your Speed in Check
Speeding is one of the leading causes of fatal crashes on the freeway. No matter what, always take a look at your speedometer, even if you have cruise control activated. Cars set to cruise control can accelerate considerably when going down inclines. Being responsible for your speed is one of the best strategies to avoid problems on the road. It only takes a split second to lose control of your vehicle at high speeds and endanger yourself and others.
Maintain a Safe Driving Distance From Cars Around You
Getting too close to the car in front could lead to life-threatening accidents for you and the drivers around you. If the person ahead brakes abruptly, you may not have enough space or reaction-time to avoid rear-ending the drivers in front of you. Make sure to leave enough buffer room, especially on freeways where speeds are higher. Remember the golden rule of responsible driving is to abide by the “3-Second Rule.” Being mindful of the car in front of you and leaving enough room to stop by 3seconds is always recommended.
Use the Left Lane for Passing.
Only use the left lane if you have the intention of passing. If you stay in the left lane, it may cause other drivers to drive dangerously to move and try to pass you on the right. Be considerate of other drivers and use the left lane as intended. If you see drivers in your rear-view mirror gain on your vehicle considerably, it is always best to yield to them. Even if you think they are driving too fast, maintaining the speed limit in the fast lane and not yielding to drivers is a recipe for disaster.
Build Up Your Speed Appropriately on the Acceleration Ramp
Accelerate your vehicle to the appropriate freeway speed to merge onto a freeway safely. If your speed is too low, it may cause other drivers to small on their brakes in order to avoid you. Building enough speed prevents unnecessary traffic movements and even accidents. Conversely, speeding too quickly and merging into traffic without letting drivers onto the freeway who were in front of you can also cause dangerous accidents. You also want to make sure you aren’t merging onto the freeway prematurely before the solid line has become a broken line. The guides are there to inform drivers where you are to accelerate, and where you are to merge.
Rest Whenever Necessary
If you have a long trip, the monotony of driving on a freeway does not help, and you will get tired, and . Turning on the music, rolling down the window are not effective strategies to keep you alert or awake. When you are tired enough, it is easy to fall asleep without being in control of when or where you doze off. Make sure you never drive while dozing off. If you are driving in that state, you are already too tired and should stop driving as soon as possible. If you ever feel tired, pull over to a safe location and allow yourself to rest before getting back on the road.
According to the National Highway Safety Administration (NHTSA), rear-end collisions account for 28% of all automobile accidents, making them one of the most frequent types of automobile accidents in the United States. However, the most complicated aspect to determine regarding rear-end coalition is who is to be held liable for the damages or injuries.
California law dictates that if your vehicle is struck from behind, the person responsible is the one who struck you. However, this is what lawyers refer to as “rebuttable presumption.” This means that it is not 100 percent concrete that it is always the fault of the driver behind you. For example, when the driver in front jams on the brakes for no reason at all and the driver behind does not have enough time or space to avoid the collision, it could be determined that the driver in front is at fault for the collision.
In order to determine fully who is at fault, there should be a determination of negligence. According to the law, negligence is the breach of a code or statute, this includes:
- Lane changing in a negligent manner
- Suddenly stopping without a reasonable cause
- Lack of working brake lights
- Following too closely
- Basic violation of the speed limit
It is clear that in most cases, the rear driver will be declared as at fault, however, as we mentioned before, there are some cases when the driver in front is to blame.
In order to determine who is at fault, lawyers use testimonies of a credible source, or a third party witness. If no witness is available, accident reconstruction experts can become involved.
If you have been in a rear-end crash and need legal counsel, contact Maidenberg Law Group today for your free consultation.
People get into car accidents all the time. One of the reasons we know this is because we read about accidents from our friends and family, and see posts from others showing videos of the accidents on social media. The irony of this is that posting on social media can be the biggest mistake you can make when filing your car accident lawsuit. Any stories or pictures you post on social media about your crash can jeopardize your claim.
No matter what sort of pictures, videos, statuses, and pretty much any other form of content you post to social media, chances are, these posts may have some form of legal consequence if you are not careful.
During your meetings with your attorney to prepare your case, you will have long hours of confidential conversations related to your car accident lawsuit.
Confidentiality ensures that the opposite party won’t be able to get an advantage over you in the courtroom because they will not know what to expect.
If you publish any type of information that provides information that the opposing side can use to their advantage, your chances of winning the case may be affected.
Contesting your Injury
Let’s say that you will argue about severe psychological or physical damages. However, you post on Instagram your latest dinner with your friends, smiling and hugging everyone without hesitation.
This type of behavior will not match your argument regarding psychological or physical damages. A defense lawyer will likely use your post to argue that you are not hurt at all. That is why it is important that if you are going to be using social media, that you be mindful of what you are posting and refrain from posts that could be detrimental to your case when dealing with an accident claim.
Open up on social media
Sometimes, people feel the temptation to reach to their phone and type up an angry message after the accident or throughout the process of your lawsuit. Even if you think that what you are uploading is neutral or unrelated to the lawsuit, it can still be used against you in court. If you are simply sharing a photo of the wrecked car and mention your injuries, rather than speak badly of the other driver, the post might not be as costly to your case.
We hope that this post has properly educated you about the possible, even probable consequences of sharing on social media throughout your car accident lawsuit. Remember, the average person spends about 116 minutes out of each day on social media. It’s best to consult your lawyer about what is or isn’t appropriate to post while you are involved with an accident claim case.
Driving a car is an immense responsibility. For this reason, knowing the basics is not enough. Driving is complex and there are many things you need to learn; most importantly, a driver must care about road safety to make sure everyone around them is safe, including pedestrians, bicyclists, motorcyclists, and other drivers. It has been a common practice in recent years to rely on the Internet to learn about the subject. However, nothing can beat the practice you get from learning how to drive from a reliable driving school.
In a driving school, you will learn all the relevant rules and regulations of the road, and a trained driver can give you the best training on how to handle your car in real-life situations. Professional driving schools are especially important for young drivers as they provide them with all the practice they need to feel comfortable behind the wheel. Unfortunately, not all driving schools are good, so you’ll need to do some research before selecting one.
Consider these tips to help you decide what driving school to select.
1: Read reviews and other people’s opinions.
A good starting point is the review and testimonies sections from other people online. There are several websites such as Google, or Yelp that will help you find schools with 4-star ratings. If a particular school has negative comments or too many negative reviews, look somewhere else. You can also ask for people around you- your neighbors, friends, and family members are reliable sources for this type of information.
2: Be sure to take an online driving course first.
Taking online driving courses is also a smart decision that many insurance providers reward: you can earn an insurance discount by taking qualified online courses. Add up the savings over time, and you’ll see that online driving courses are a good way to save time and money.
3: Check the experience of the driving instructors.
Selecting the right instructor is crucial. A trained professional will find the right approach to any type of student and adapt their teaching accordingly. For this reason, it is very important for you to talk directly with the instructor to gauge their experience, get more information about the program, and know what to expect when driving with them.
4: Confirm that the school has the appropriate license to operate.
You can go online and see if the school is registered and has the right to teach how to drive according to the official standards. It is also a good idea to see if the school is part of an organization such as The American Driver and Traffic Safety Education Association
Finding the right driving school is very important if you want to become a good driver. Make sure to consider every factor before selecting one, and drive safely.
According to experts, more drivers are traveling from further away on increasingly long, mind-numbing commutes. In addition, the rise in “distracted driving” – people calling, texting or checking social media on the road, is also increasing accidents in the area.
To help you navigate the San Francisco Bay area safely, the Maidenberg Law Group has created a shortlist highlighting some of the most dangerous roads in the Bay Area.
This is a very popular route as it is part of the Pacific Coast Highway System. Besides how congested it is, many tourists take the route to travel around the state. Most of the tourists are unfamiliar with the road, which makes the trip more dangerous for them and everyone sharing the road.
Highways 1 and 5
The “Shoreline Highway is very curvy and uneven which increases the chances of an accident. According to the National Transportation Safety Administration, highway 5 ranks at number 23 in the list of deadliest highways in the country, with an average of one accident per mile. While driving on Highway 1, be sure to allow a safe braking distance, and don’t pass on solid yellow lines. If drivers tailgate you, pull off on designated pull out areas to let them pass. The I5 speed limit is 70 mph, but oftentimes, you will see commuters driving 100 mph and passing on the right. It’s best that you remain in the right lane and only take the fast lane to go around slower freight trucks when it’s clear to do so. Many speeding commuters driving from SF to LA will rush up dangerously close to the rear end of a semi-truck in the slow lane to cut in line in the fast lane. If you see drivers behaving this way, notify California Highway Patrol (CHP), as these drivers are endangering everyone on the road by driving so recklessly.
Wherever you are, remember that the best way to avoid an accident is to stay focused on your driving, keeping a safe distance between cars, and yielding to those who speed, and reporting more reckless drivers to CA Highway Patrol.
If you or a loved one recently experienced an accident on major highways in the San Francisco Bay Area, you’ll want an experienced attorney to guide you through this difficult time. Maidenberg Law Group will walk you through each step of the process.
Texting and driving is one of the most dangerous forms of distracted driving. As a reference point, seeing a text or reading a text on your phone can take your eyes off the road for more than 5 seconds. This is the length of a football field at 55 miles per hour. Indeed, texting and driving has replaced driving and drinking as the leading cause of death among teenage drivers.
Negative statistics around texting and driving are not for teenage drivers alone. According to an AT&T survey, more than 49 percent of American adults admitted they text while driving. It is estimated that a total of 660000 drivers use an electronic device while driving. With so many people committing the same mistake, the potential for accidents, injuries, and fatalities is extremely high.
Along with the potentially lethal consequences of texting and driving, you are also breaking the law. In most states, texting while driving is an illegal act and you can either get a ticket and a fine. Furthermore, consider the fact that if you get a ticket, you insurance rates will go up.
The best way to avoid texting and driving, is to use speech to text software, in order to get directions, or to respond to someone that you are on your way. That way, you can keep your hands on the wheel most of the time and keep your eyes on the road.
Some more statistics:
- More than 3,000 teens die each year in crashes caused by texting while driving (autosafety.com)
- Cell phones are involved in 1.6 million auto crashes each year that cause a half million injuries and take 6,000 lives (United States Department of Transportation)Women are more likely than men to reach for their cell phones while driving (National Occupant Protection Use)
If you or a loved one get involved in a car accident, contact Maidenberg law Group for a free consultation. Call us toll free at (888) 520-9617, or contact The Maidenberg Law Group online.
In recent years, especially in cities across the country, there has been a debate on the advantages of small cars compared to bigger vehicles. As our cities get more crowded with traffic, the convenience of a small car for parking and overall movement is undeniable. Furthermore, fuel consumption for small cars is always better, and this is undoubtedly an advantage when it comes to saving money. But how about safety? Is it true that bigger cars are safer than small cars?
The weight of a bigger car prevents the reflex impact in case of a frontal collision; usually bigger cars have longer hoods, this provides more surface area for the force to dissipate and provides more of a chance for the passengers to stay safe.
The disadvantage of bigger vehicles is that the weight makes it harder to control and stop. In case you are headed for a collision against another vehicle or obstacle, a bigger car is going to be harder to stop and maneuver regardless of driving aids such as a smart braking system. This is especially a very important thing to consider when the conditions on the road are not ideal – for example when there are wet roads or oil patches on the road.
Which is Right For You?
Both types of cars have some pros and cons to be considered. Bigger cars will protect you in case you get involved in a car accident, but smaller cars may prevent an accident altogether. As always, being cautious and getting to know your car can help you drive safely on the road.
Cases of personal injury arise when someone gets injured resulted from the negligent or intentional acts. Personal injuries are divided into two parts: physical injury and psychological injury. If you think you might have a personal injury claim, it is always good to be informed about the process and timeline of a personal injury claim and lawsuit.
First of all, you need to make sure to get medical treatment after getting injured or being involved in an accident. Go to the nearest hospital or see your doctor. This is not only for your health, but if you don’t see a doctor soon after the accident, the insurance adjuster and the jury may consider that you were not truly injured.
Contact a lawyer.
You should contact a lawyer as soon as you can. This is the best step to receive guidance in the process and start with the right foot. Be sure to ask about the process, requirement, and any concerns you have.
The first task for your lawyer is to interview you about what happened, your background, medical condition, and treatment received. This initial interview is important because lawyers don’t want to be surprised; therefore, make sure to answer all the questions as accurately as you can.
Your lawyer will also get all of your medical records and bills related to the injury. This is the first big step in the process, and in some cases, it may take up to 2 months to get all the documents and information.
It is after this step that your lawyer will tell you if there is a case.
Many smaller personal injury claims are settled before a lawsuit is ever filed. If the lawyer thinks that the case can be settled, they will make a demand to the other attorney or the other side’s insurance company.
The lawsuit is filed.
This step initiates the process to go to trial. In general, it will take 1 or 2 years for a personal injury case to go to trial.
The discovery process.
This is the procedure put in place in which each party investigates what the opposite legal claims and defense is. This process can take 6 months to a year depending on the court and case.
Mediation and negotiation process.
Before the discovery process ends, lawyers will start talking about settlement or mediation. Mediation is a process in which both clients and both lawyers go in front of a mediator to try to settle the case.
A personal injury trial can last a day, a week, or even longer. This will be the final step of the process and will determine the result of your lawsuit. Be aware that sometimes, the date for the trial is canceled or rescheduled.
Having a professional and experienced lawyer by your side is very important to help you navigate through this process and have the best chances to get a positive outcome of the lawsuit. Contact Maidenberg Law Group toll-free at (888) 520-9617 or contact us online for a free consultation.
Communication errors between pilots and air traffic controllers (ATC) have been reported to be on the list of the factors commonly contributing towards aircraft accidents or serious incidents. Incomplete or incorrect communications between pilots and air traffic controllers cause 80% of all aviation incidents or accidents. That is why it is extremely important to learn and practice how to communicate on the air, but there are many pilots that consider this part of the training stressful and time-consuming. Pilots would often find it uncomfortable to recognize mistakes in this particular skill set and are not likely to train themselves on communications more often.
In this case study by the Air Safety Institute, an accident occurs due to communication breakdown and is explained.
Here are some reminders to help you become more aware of how you communicate with ATC and what can be done to make the process both safer and easier for everyone involved:
Understand the roles:
When it comes to air operations, everyone has a specific role to play, and the process works best when everyone understands their role. It is also important to understand the role of the others. That is why it is very important for you, as a pilot, to read and learn about the Air Traffic Control System and Airspace.
If you are not sure, ask. Pilots would often find themselves in circumstances where quick communication is important. The truth is that the air traffic continues to increase, and air traffic controllers need to communicate with many aeroplanes at the same time. When you are in the middle of it, you feel the pressure to get the message first time, but don’t shy away from talking to an air traffic controller and don’t be intimidated by busy or big airspace. The controllers are there to help you, it may sound interruptive, but it is the only way to guarantee the safety of the operations.
Be aware of everything happening around you.
It is important to focus on your situation, but it is also useful to be aware of everything that is happening around you. Don’t just listen for your call sign, use other aeroplanes on your frequency and the controller’s comments to build your own mental radar display of where everyone is and where they’re going. Doing this will improve your overall situational awareness and is a good double check in case someone makes a mistake, but it also keeps you in the loop so you can anticipate what comes next.
Learn More About Communication Failures
Flight Safety offers a comprehensive breakdown of how communication failures can compromise flight safety. Learn what these communications failures are, so that you don’t make the same mistakes.
Practice as much as you can.
Technology makes it easier for you to practice communication anywhere. You can grab a handheld aviation radio, or visit a website such as ATC LIVE. Try to create an image of the air traffic you are listening to. When you are actually flying, you will find that the practice helps make communication much easier with air traffic control.
Don’t shy away from challenges.
Some pilots, especially if they train at non-towered airports, are afraid of busy airports. Don’t be. The controllers are almost uniformly friendly and helpful, and you have every right to fly there. Mixing it up with the big boys is great practice
Remember that the primary goal in all your communications is understanding, both for you and the controller. If you both understand one another, appropriate decisions can be made to ensure your flight and the flights of those around you remain safe, efficient, and enjoyable.
If you or a loved one have been involved in an aviation accident, contact Maidenberg law Group for a free consultation. Call us toll free at (888) 520-9617, or contact The Maidenberg Law Group online.
Bicycle accidents can happen at any time, it is unfortunate, but even if cyclists are following the rules of the road, cyclists are at high risk when riding in traffic. Not only can a collision with a car or truck destroy a bicycle, but the rider can suffer serious and even fatal injuries. That is why it is very important to be smart and make the right decisions after an accident. What you do in the aftermath will have a big influence on how much you recover for your injuries and damages to your property. It will also affect the outcome of any lawsuits related to the accident.
We have created the following do’s and don’ts to help you protect your rights after a bicycle accident.
- What to do:
Wait for the police to arrive:
It is very important for you to wait for the police to arrive at the scene of the accident so the police can get your statement as well as the ones of the other’s involved. If you leave the accident scene, you may never be able to identify the at-fault driver, motorcyclist, bicyclist, or pedestrian.
Seek medical attention.
Getting medical treatment is very important, even if you think you are not injured. Some cyclists don’t realize they’ve been injured until several hours or days after the accident. And sometimes seemingly minor injuries later develop into serious and permanent problems. If you wait too long to seek treatment, the insurance company may question the seriousness of your injuries.
Gather information and preserve evidence:
If you can write down all the information you can gather from the scene, this includes: what happened; how it happened; where it occurred; when it occurred; and road, traffic, and weather conditions, your loss of time at work, or other consequences from the accident that affect your well being. Have several photos taken of your injuries as soon as possible after the accident. Start a journal of your physical symptoms and make entries every few days wherever possible, get the name of the automobile driver, as well as his or her address, phone number, driver’s license number, vehicle license number, and insurance information.
- What not to do:
Don’t talk to the insurance company:
If the driver reports the crash to their insurance company, somebody will contact you as soon as possible. Remember that you are not obligated to talk to them. It is very possible that in one of these conversations you could unknowingly admit liability that could hurt your chances of getting fair compensation in the future. It’s also possible that you could communicate a settlement amount that is not actually commensurate with your damages.
Don’t sign any authorizations:
It is always important to have a professional assisting you in case you receive documents to sign. An attorney is trained to identify the implication of the fine print of a document.
Don’t try to settle the matter privately with the other driver:
Sometimes a driver will offer a cyclist money to repair the damaged bike or to even buy the cyclist a new bike, and sometimes a monetary offer will be given to a cyclist in exchange for settling the matter without insurance companies. The problem with this is that the extent of the injuries may not be clear in the moments right after an accident.
Whether you think your bicycle injury claim warrants the help of an attorney or not, it is important that you at least meet with an experienced lawyer to review your claim. If you or a loved one have been involved in a bicycle accident, contact Maidenberg law Group for a free consultation. Call us toll-free at (888) 520-9617, or contact The Maidenberg Law Group online.
A car accident is one of the worst experiences in someone’s life. You will most likely miss work, crucial appointments, and in addition, you will deal with damages to your car, injuries, liability issues, possible traffic citations, and more.
The California Office of Traffic Safety reported that traffic fatalities increased 7 percent from 3,387 in 2015 to 3,623 in 2016.
It is important to understand that after a car accident takes place, the most critically important element to the accident includes the actions you take right after the accident happens. At the time of the accident, your heart is pounding, you are panicking about what might happen next, you wonder if the damage will be covered by the insurance, or are dealing with the pain of injury, or worrying about whether or not others are injured. Even though it is not easy to compose yourself, it is important to remain level-headed because the actions you take now could have far-reaching implications.
It is important to understand this and be prepared because the moments right after the accident can be highly stressful and this is why most people let their emotions get the best of them and make very bad decisions.
Consider this list of 5 things you should never do after an accident:
Never drive off after an accident
If any property damage or injuries have been inflicted, it is an automatic misdemeanour to leave the scene of an accident. Depending on the scenario, fleeing could also be punishable by fines or jail time. You are required by law to check on the other driver(s), exchange information, and contact law enforcement.
Do not admit guilt.
When you admit guilt, you are setting yourself up to take legal responsibility. Never do this without a lawyer present. While it can be tempting to apologize in the heat of the moment after a crash, just remember that assigning fault isn’t your job, and leave it to the law enforcement professionals, attorneys who may handle the case, insurance adjusters, and a court of law if necessary, to determine who’s ultimately at fault.
Do not negotiate with the other driver at the scene and don’t talk to the other driver’s insurance company, or lawyer.
Some drivers try to negotiate directly with the other person involved in the accident. That is a bad idea. You can’t be sure the other person is honest. If they hand you a check, it may not be good, and if they offer cash, you don’t know where it came from. Always leave negotiation to the professionals. It is also best not to speak with any insurance companies or lawyers representing the other party about the incident. Be smart and tell them to contact your insurance company or lawyer if they need information.
Do not lose your cool.
We understand, having an accident can be extremely stressful and can provoke anger or hostility. It may make you feel better to express that anger and hostility at the moment, but it will add ammunition to any potential case against you. It is best that you remain calm and wait.
Not contacting an experienced personal injury lawyer as soon as possible
Accidents and the assessment of a viable legal case is a very complicated task for an inexperienced person to handle. If you choose not to contact a lawyer, you will likely face an uphill battle and you could lose the opportunity to receive proper compensation, and pursue justice. Be smart, get a lawyer.
A car accident is scary, and it is hard to clear your mind when you are involved in one. That is why you should always consider this list of things to avoid after a car accident. That way, if you’re actually involved in one, you won’t be confused, you just need to follow the guidelines on what to do when you’ve been involved in an accident.
If you or a loved one have been involved in a car accident, contact Maidenberg law Group for a free consultation. Call us toll-free at (888) 520-9617, or contact The Maidenberg Law Group online.
We have all been there, cars everywhere, yet not a single way to reach the exit to our destination. It is hard not to feel frustrated with the number of times one gets lost in a sea of cars moving slowly and stopping every couple of seconds, especially when we are in a rush to get to our destination, or after a long day at work when we only want to get home and rest. In those kinds of circumstances, it is very common to feel like you can make your exit if you could use the one lane that is empty, the emergency lane.
Many may not be aware that you cannot use it because that lane is designed for emergency situations only. Why shouldn’t you take the emergency lane? Well, first of all, if you use it, maybe other drivers on the road could also follow up on your idea and soon the lane will be blocked. Worst case scenario, there is an accident ahead, and the ambulance trying to get to the scene of the accidents can’t get through because you are blocking the lane.
Second, drivers can face hefty fines or even jail time for passing or using the shoulder as a traffic lane. You can also get points on your driver’s license, which are assigned based on traffic violations and can result in license suspension or revocation. All of that should be enough to prevent you from using the lane as a way to get to your destination faster.
On the other hand, you may end up driving in the emergency lane sometimes, so it is good to know which kinds of scenarios allow you to do so. The Federal Highway Administration explains that “Aside from their structural benefits for pavement and drainage, shoulders provide refuge for vehicles in emergency situations, access for first responders, and an additional recovery area for drivers trying to avoid conflicts in the adjoining travel lanes.” First, If a law enforcement official or first respondent ask you to move to the emergency lane, do it. They have the authority and you need to comply. Second, in case of an emergency, or in case of a major technical problem with your car, the emergency lane will provide a safe place for you to park your vehicle and wait for help.
Overall, do your bank account and your fellow motorists and first responders a favor and avoid driving on the shoulder unless you’re in distress or an officer of the law directs you there.
If you or a loved one have been involved in a car accident, contact Maidenberg law Group for a free consultation. Call us toll-free at (888) 520-9617, or contact The Maidenberg Law Group online.
According to the NHTSA, motorcyclists accounted for 14% of all traffic fatalities, 4% of all people injured, 18% of all occupants (driver and passenger) fatalities, and 4% of all occupants injured.
If you are involved in a California motorcycle crash, it is very important to consult with an experienced injury attorney. Maidenberg Law Group specializes in helping those who’ve been injured in accidents. Consider these 8 reasons why you need a professional on your side.
- Hiring an attorney allows you to have the time to take care of your injuries and go back to your regular routine as soon as possible. This guarantees peace of mind because you know you have someone fighting your battle and levelling the playing field.
- An attorney will communicate in advance all the expected expenses of litigation so you can be prepared
- An attorney will file suit and go to trial if necessary. Having a professional on your side will guarantee that you get fair compensation for your injuries and damaged property.
- As you heal, an attorney will be able to advise you on what to do and what not to do in order to get the best outcome.
- You will have someone to trust, someone who will keep you informed about the process and will tell you what to expect.
- Attorneys are in charge of negotiating with the insurance companies involved. Having a ton of experience will allow your attorney to handle the insurance adjusters and get the best deal for you. Don’t try to negotiate alone, it will most likely result in unfair treatment and a less than ideal settlement offer.
- Hiring an attorney will help you build a better case as they assist in collecting evidence, obtaining medical records, doctor’s notes, police reports, and more.
- An attorney will advise you on how much you can expect to get for your settlement and will negotiate to get the best possible outcome for you.. Knowing what your case is worth is essential to negotiating.
If you were injured or lost a loved one in a California motorcycle accident, contact The Maidenberg Law Group toll-free at (888) 520-9617 or contact us online.
Earning a driving license is one of the most exciting times for teens. It will mean the start of new opportunities for them, and less chauffeur driving for you. Unfortunately, this milestone comes with a downside -, the lack of driving experience often leads to crashes and devastating consequences. The truth is unsettling. according to the Center for Disease Control and Prevention (CDC), motor vehicle crashes are the leading cause of death for teens.
You, as a parent, play a big role in keeping your teen driver safe. They need rules, practice, and also a plan to follow in case of an accident. According to a study by the General Motors Foundation and Safe kids worldwide, when parents discuss rules of driving and get to an agreement with the teenager, teens are less likely to engage in risky behaviour while driving. For this reason, we have created this list with 5 rules to establish with your teen to hopefully keep them safer when they are ready to start driving.
Always wear a seat belt whenever driving. Same goes for any passengers.
One of the best ways to keep teens safe is by teaching them the importance of buckling up, even if they are in the back seat. Remind them that is their responsibility as drivers to make sure all the passengers are wearing the seat belt. Be an example and teach from the start. If you as a parent wear a seat belt, your teens are more likely to wear one as well. And remember, wearing a seatbelt isn’t an option, it’s the law.
Don’t travel with more than one passenger.
The number of passengers, especially if they are male, is directly related to the risk of having a crash. The license for teen drivers often limits the number of passengers allowed in an inexperienced teen driver’s car. If you want to learn more visit: www.ghsa.org. If your state doesn’t have a law in place, be sure to create an agreement with your teenager and make your teen sticks to it.
Always pay attention to the road.
Make sure your teenage driver understands that anything in or out of the car should not distract them. Many accidents that occur at night are due to difficult driving conditions combined with distractions caused by passengers. Distractions such as texting, talking on the phone, and checking email are dangerous for any driver, but especially for inexperienced drivers. Make a zero tolerance rule to the use of cell phones while driving.
Obey all traffic laws and speed limits, and reduce speed in case of bad weather conditions.
It is very important to highlight that speed limits are created for a reason. Make sure your teen follows all traffic laws. Parents need to give their teen plenty of supervised opportunities to practice driving at night and in all kinds of weather and situations.
Never drink alcohol or use drugs and drive. Ever.
There is no safe amount of alcohol a teen can drink before driving. Couple any impairment (it starts with one drink) with their inexperience behind the wheel, and you have a recipe for disaster. It is not only dangerous and can cause serious harm to themselves and others, but it is also against the law. DUI’s and DWI’s stay on your driving record for 10 years in the state of California, but they stay on your criminal record permanently.
If your teenage driver has been involved in a car accident, contact Maidenberg law Group for a free consultation. Call us toll-free at (888) 520-9617, or contact The Maidenberg Law Group online.
It is normal to feel concerned and anxious after a car accident. You may also feel worried about your future and overwhelmed with the amount of information and appointments required during the process. However, a visit to your lawyer is always important if you want to get the right compensation for your injuries. To make this initial meeting with your attorney as smooth as possible, follow this useful guide:
– Be prepared for a lot of questions:
Your attorney will need to understand your case completely before going ahead with any type of legal action. For that reason, they will require as much information as possible regarding the details of the accident. It is always important to get as much evidence as possible. To help you collect all the evidence you need, read our article, “How to collect evidence after a car accident”
– Learn and ask anything you need:
Your lawyer will be in charge of explaining how your case will proceed and how to reach a favorable conclusion. Filling legal briefs and getting all the documents ready will take a bit of time and effort. Your lawyer will help you with a step-by-step explanation of how to get that sorted. It is important to be inquisitive and ask as many questions as you need to understand the process fully.
– Understand your role in the case:
Your lawyer will ask you to follow some instructions to help them reach your legal goals. This may include seeing your doctor on regular basis, providing all the documentation for theappointments, and being truthful and transparent throughout the process.
– Organize a communication strategy:
Organizing a well-establish communication schedule and strategy is beneficial for you and your attorney. It will allow you to prioritize and organize your case as it progresses. To ensure there are no mistakes in accuracy, you will save yourself a lot of headache trying to remember what happened if you aren’t keeping a detailed diary or log and need to fill out incomplete information later. Make sure to keep in touch with your lawyer and be available as much as possible.
– Collect all the documentation you need:
Before you meet your lawyer, collect all the required documents as requested. Your lawyer will be in charge of deciding which documents are important, but here is a good general guide on what documents may be required: Injury Checklist: What to Bring to Meet Your Lawyer
– Ask about fees:
The last point you’ll need to discuss is what he or she charges for their legal services. Many lawyers will not charge you anything until they have won your case, which is called working on contingency.
There are some lawyers, however, that charge hourly, so finding out the details of how and what they charge in the beginning will prepare you for receiving the bill later. In addition, you’ll want to know details such as how individual expenses are handled.
Following these steps will make the whole process a lot easier for you. Always remember that your lawyer is there to help you.
If you or a loved one have been involved in a car accident, contact Maidenberg law Group for a free consultation. Call us toll free at (888) 520-9617, or contact The Maidenberg Law Group online.
It is never easy to determine how much a personal injury claim is worth because there are many factors that influence that decision. Depending on the nature of the accident, amount of monetary loss, and the extent of the injuries, the total settlement figure can change considerably.
Pedestrians are especially vulnerable because they are largely unprotected. There are no helmets, nor cars surrounding the person, nor seat belts, or airbags to protect a pedestrian. Unfortunately, many drivers are completely unaware of pedestrians until it’s too late. According to the NHTSA, over 4000 pedestrians were killed in traffic accidents and more than 60000 were injured in 2013. On average, one pedestrian is killed every 2 hours, and one is injured every 8 minutes.
Due to obvious disparities between a motor vehicle and a human being on foot, it is very likely that the pedestrian will have significant injuries. In this case, there are some common factors that influence the amount a pedestrian can recover.
Injuries: The severity of the injury is a very important factor- soft or connective tissue, such as muscle injuries are perceived as less severe, whereas broken bones are considered more severe.
Medical treatment: The medical treatment you went through is also important. This includes visits beyond doctors, but additional specialists that you may have seen, such as surgeons, pain management specialists, physical therapists, chiropractors, and acupuncturists, to name a few.
Lost wages: If your accident prevented you from going to works you’ve lost should be fully reimbursed.
Ability: If your injury has limited the ability to perform in your work, this can have a great impact – especially if this changes your ability permanently, or over the long-term .
Daily routine: If your injury has affected your daily routine,t is important to highlight that, if you are not expecting to recover fully, your settlement should take this into consideration.
Liability: Although pedestrians are usually found not liable, if, for example, you stepped off the curb in front of a moving vehicle, or you crossed the road where you shouldn’t, this may reduce the amount you are entitled to.
If you, or someone you love is involved in a pedestrian accident, you can contact us toll free at (888) 520-9617 or contact us online.
As a parent, one of the many concerns you may have, is whether or not you are liable if your child is involved in a car accident. After all, you are probably the one paying for the insurance and also the one who bought the car in the first place. Moreover, we are all aware of the statistics showing that drivers age 16 to 19 have a very high risk of causing or being involved in car accidents. (https://www.cdc.gov/motorvehiclesafety/teen_drivers/teendrivers_factsheet.html)
Firstly, yes, you could very well find yourself on the legal hook for injuries and other losses from any car accident caused by your child. But let’s dig a little bit deeper and explore the variety of factors which apply to cases involving minors.
Ownership of the car involved in the accident:
California’s traffic code states: “Every owner of a motor vehicle is liable and responsible for death or injury to person or property resulting from a negligent or wrongful act or omission in the operation of the motor vehicle … by any person using … the same with the permission of the owner.”
California uses the family doctrine act, which says that the vehicle’s owner will be held liable for any damages caused while a family member (i.e., the minor) is driving the vehicle, whether or not the owner gave the minor permission to use the vehicle
In most cases, this means that parents can be liable for a kid’s accident. This can be true so long as the child is a legal dependent, even if he or she is over 18 and no longer a minor. If the car is owned by the head of the household and provided for the family’s use, the owner is normally on the hook for damage if he or she knew of and consented to the child’s use of the car.
However, if a child sneaks out with the family car unbeknownst to his or her parents, the parents might claim they did not consent and therefore should not be liable for any damage.
You should get insurance for all of your vehicles and list your children as drivers on the policy if they will be using any of your vehicles. If you do so, the coverage takes care of any property damage or personal injuries in case of an accident.
Here are some tips to protect yourself from liability.
Explain your son/daughter the risks of drink and driving
Remind your child of the importance of not using a cellphone while driving
Explain the importance of defensive driving
During the first couple of week, it is advisable to go with your child so he can get familiarized with the area.
Do a complete checkup of the car -especially brakes, lights, and tires.
One of the most common questions people ask after an injury in an accident such as a car crash, bike, or motorcycle wreck, slip and fall, or any other type of mishap, is whether or not they should hire a personal injury attorney.
Technically, you can file a personal injury claim against an insurance company and deal with the entire process by yourself. However, a personal injury attorney, like the Maidenberg Law Group, can help you go up against big auto insurance companies and their team of lawyers. It is common practice for insurance companies to attempt any and every possible thing to avoid spending money. Your attorney already knows the personal injury laws and procedural rules and can effectively handle all the legal work for you. He or she will become your advocate.
The following reasons are very important to consider when you’ve been involved in an accident.
The Statute of Limitations.
It is common for victims of personal injury accidents, without the support of an attorney, to fall victim of the Statutes of Limitation. The Statute of Limitations are deadlines that can void your claim. If you don’t file your complaint with the appropriate court within the time frame allowed, you will not be able to recover from the damages endured by the adverse party and or, from his or her insurance coverage. Your attorney will ensure your claim is handled in a time efficient matter and protect your interests without exceeding any cut-off dates.
Minimize the downside risks:
There is a downside risk to handling claims on your own. More specifically, the financial consequences associated with not prevailing in a personal injury lawsuit. Complicated laws involving Offers of Judgment apply. An attorney will advise you concerning the financial risks of litigation. A seasoned professional personal injury lawyer knows how to reduce your exposure to these kinds of risks.
Involvement of insurance carriers:
Insurance companies want to settle claims for as little as possible, and the amount they offer initially is generally much less than the real worth, or value of the claim. Insurance companies and their adjusters know that people are often unaware of the real value of their claim. Their strategy is simple, they will try to settle a claim early before you hire a lawyer. Once the claim is settled, it is almost impossible to re-open it and get the real value of the claim. An experienced lawyer is able to advise you about the best way to present your claim to maximize the amount you get from the insurance providers.
Representation in court:
People involved in an accident are already confused and concerned. Having to deal with litigation is often overwhelming and complicated. Your attorney will help you throughout the process if you cannot settle out of court.
Hiring an attorney will reduce stress. You attorney becomes your representative, they will explain the process involved, instruct you on the steps to follow, and organize your claim to make it as simple as possible. A qualified personal injury attorney will give you the peace of mind to recover and focus on your life away from the court, and often times, can help get you settlement without having to deal with court at all.
Someone to talk to:
The process following an accident is often frustrating and concerning. Your attorney will become a source of safety and knowledge that will help you deal with all aspects related to your process.
Overall, an experienced personal injury attorney will help you deal with these issues in order to maximize your results. You should, at the very least, consult with an attorney before settling your case against an insurance carrier, no matter what they say, especially when they have their own pockets in mind when settling cases.
If you or a loved one have been injured in an accident, contact Maidenberg Law Group online for a free consultation, or call us toll free at (888) 520-9617
Despite all the rules and regulation for drivers, as well as the new technology aimed at car safety, It is very likely that most drivers will eventually experience a major auto accident at one point in their lives. Car accidents come with a wide variety of negative effects. For example, property damage and repair costs, to injury, or even death. That is why it is so important to know how to respond if you are involved in a car accident. What you do immediately after, can have a big impact on what follows. The proper preservation of evidence will make a difference in determining accident fault and liability.
There are many kinds of evidence related materials that you should be aware of being able to use. Remember, the best time to begin documenting and preserving evidence is immediately after the car accident, but more appropriately, after everyone has received medical attention, if necessary.
You will always have your cell phone with you, this is the best tool in case of an accident. Be sure to do your best to capture the scene of the accident as accurately as possible. Make sure to take pictures, and if possible, videos of the following items: vehicles involved, their damage, skid marks, debris, broken glass, property damage to road signs, guardrails, landscape, any road defect or construction work that may have contributed to the accident, and pictures of injuries.
Get the contact information from drivers involved:
Get as much information from any other driver involved in your accident. Driver’s license, current address and phone, insurance information, auto tag number, model and year of the car. Don’t wait for the police to arrive, that is one mistake that most drivers do, and don’t let the other driver refuse to give you this information.
Gather contact information from witnesses:
Once you have all the visual evidence, it is time to get the information from any witnesses. Ask the witnesses if they can also document what they saw. Having two perspectives will help greatly to clarify your case to your lawyer.
Capture physical evidence:
Be sure to collect information regarding blown tire treads, downed branches, and all other factors that may have triggered, or influenced the accident. The more detailed evidence, the easier for your lawyer to understand the dynamics of the accident.
Check your health:
It is advisable to go to the hospital room as soon as you can. Remember, concussion and other injuries don’t have initial symptoms; only a proper checkup will confirm if you suffered an injury during the accident. Once again, in order to document and preserve information about your injuries, you will need to have medical documentation; this includes x-rays, MRI scans, CT scans, and physical examinations by a certified doctor.
The majority of accidents always should involve law enforcement. After the accident, it is important to hire an attorney who can help you work with the insurance companies. Providing your evidence to your legal council will ensure you receive fair treatment, and provide you with just compensation.
If you or a loved one have been involved in a car accident, contact Maidenberg law Group for a free consultation. Call us toll free at (888) 520-9617, or contact The Maidenberg Law Group online.
Bicycle accident lawsuits are not as common as car accident lawsuits, but, as it is always the case, you need to be prepared for anything.
First, make sure you have everything in order, check your bike before riding it, get insurance if possible, and ride safely. If you get involved in an accident, consider the following:
1: Assess the situation:
Stop, remain calm. The first thing is to clear your mind and understand the situation you are involved in. It is very important to assess the damage and the overall state of the situation. Make sure to give priority to your safety and the safety of the people involved. Check traffic and the risk of fire or explosion and check whether anyone has been injured.
2: Call the authorities if necessary:
Your priority is the health of everyone around you. Call 911 if any injuries have occured.
3: Take a lot of pictures:
Once you have relaxed and collected your thoughts, start documenting everything you can regarding the accident, this will mainly involve taking as many pictures as possible. Make sure to get as many details as possible, as this will be very important in case a lawsuit is brought against you in the future.
4: Keep calm and be cooperative with anyone involved:
We know accidents are stressful and can potentially put you in a defensive state. Despite this, you will need to control your feelings and cooperate with others involved in the accident. It is always a good idea to keep your ego and all that emotional outrage in check. Cooperation and communication go a long way in these kinds of situations.
5: Exchange information:
This is particularly important because it shows that you are being responsible in this situation, and it may become important as you can communicate directly with anyone involved. Sometimes, your willingness to be held accountable will help you to avoid the hardship of going to court.
6: Report the accident to your bicycle insurance carrier and lawyer:
If you don’t have bicycle insurance, it is important to consider getting it. It is also important to find a lawyer, so that you will be prepared in case of any litigation.
7: Communicate, but be careful:
Do not admit fault for the entire accident, because liability may not necessarily be evident. Usually, there are multiple factors and variables that create the circumstances for a bike accident. Be sure to accept responsibility for your own part, but not necessarily the whole thing.
At the end of the day, any one of us may end up causing a bicycle accident. But if you follow the 7 steps outlined above, this will help mitigate your circumstances.
For a long time, drunk driving has been at the forefront of the car safety debate. This has led to a long list of laws being designed to decrease driving accidents related to drunk drivers. According to the NHTSA 2011 Traffic Safety Facts, laws passed by all 50 states and the District of Columbia lowering the threshold of illegal driving to .08 blood alcohol content have resulted in a decrease in drunk driving fatalities. In 2002, there were 12,405 drunk driving fatalities. That number dropped to 9,296 in 2011 – a 25% decrease.
However, a new driving menace is on the rise. The use of cellphones while driving, according to different studies, has proven to be even more dangerous than drunk driving.
In 2016, the National Highway Traffic Safety Administration (NHTSA) documented around 3.450 fatalities and almost 400.000 injuries due to accidents caused by drivers who were distracted. Indeed, this led to the conclusion that driving while using cell phones is six times more dangerous than drunk driving. The NHTSA reports that texting while driving is currently responsible for approximately 1.6 million accidents every year – about 25% of all driving accidents.
Another technical study by the Car and Driver Magazine demonstrated why using your phone is so dangerous.
The magazine tested the reaction time of drivers under different conditions and found the following results:
* Unimpaired: .54 seconds to brake
* Legally drunk: add 4 feet
* Reading e-mail: add 36 feet
* Sending a text: add 70 feet
The study demonstrates that reading an email and sending a text while driving takes approximately 25% longer to brake. This can be deadly on a highway, or on a populated neighborhood street.
Ten states, including Washington D.C., prohibit all drivers from using handheld cell phones. Thirty two states along with Washington D.C. forbid inexperienced drivers from using cell phones, and 39 states plus D.C. prohibit all drivers from texting.
Sadly, many more accidents will occur and that means more injuries and deaths will have to happen before the laws will be changed. There are countless stories of teens dying in accidents because the driver was texting while driving.
As cell phone use and driving becomes more common, the chances of being involved in a car accident increases. if you or a loved one have been injured in an accident where cell phone use was involved, contact Maidenberg law Group for a free consultation. Call us toll free at (888) 520-9617, or contact us online.
Car accidents are a leading cause of injuries in the United States. More than 40,000 people were killed in a car accident in 2017, making it the second year with the same record of deaths. The economic cost of a car accident is estimated to be $277 billion each year or around $897 for every person living in the United States. Many who survive accidents, sustain injuries, however.
Car accidents can vary from person to person, but there are some very fairly common injuries present in most situations. The following information provides a general overview about common injuries. More in-depth information on injuries for particular cases should always be obtained from your physician.
Many serious injuries are related to the crushing impact of a collision, which can break ribs, and/or the sternum. Moreover, in extreme cases, collapsed lungs, and traumatic cardiac arrests may happen if the victim suffers from pre-existing heart conditions. This is especially common when the passenger or driver is not restrained by a seat belt. The severity of chest injuries can be reduced by the deployment of airbags in the vehicle.
Head and brain injuries are, arguably, the most significant. A blow to the head or piercing head injury can damage the brain, this is called a traumatic brain injury or TBI. In the U.S., car accidents are associated with more than 18% of the countries TBI’s injuries. This kind of head injury can cause anything from a small concussion to a major trauma, TBD. According to the severity of the injury, it can take a couple of weeks to recover, but in the most damaging cases, it can impair critical functions for life, such as speech, vision, concentration, memory, and emotional stability.
Arms and Legs
Damaged arms, legs, hands, and feet are common in car accidents. The same forces that throw a person’s head about in a car collision can have a similar effect on limbs. Passengers often have a very small space for movement, and a quick collision may cause the occupant’s knees and legs to hit the dashboard, doors, and other solid objects around the car. It is important to remember that, although not apparent at first, symptoms may appear after the car crash. Pedestrians involved in a car accident can experience leg and foot injuries. For motorcyclists, the most common injuries can include broken bones, ligament damage, a torn ACL, and in worse case scenarios – severed limbs. ntact us online.
It is common have an injured neck when the car is jarred or impacted, and the driver/passenger’s head snaps back, sideways, or forward beyond what the neck muscles and ligaments can handle. This may cause deep tissue injuries, and can extend to the spine. Whiplash can cause damage to the vertebrae, ligaments, disks, spinal cord, and back. Neck injuries cannot be prevented by the use of the seatbelt.
With car crash injuries, such as the ones listed above, you may not be able to return to work. Yet you still need to provide for your family. Maidenberg Law Group is here to help.
Contact us toll-free at (888) 520-9617 or contact us online.
In most car accident lawsuits, negligence is often used to hold a person or company legally responsible for any resulting harm.
An individual can be negligent by failing to do something, such as not yielding the right of way to avoid an accident, as well as by actively doing something, such as missing a stop. Whether a defendant acted negligently in a situation is a question of fact that will be decided by the jury. Negligence is tort, otherwise known as civil wrong.
How to prove negligence in car accident lawsuits:
In most cases, there are four legal elements needed to prove negligence in a car accident claim:
- Damages: The plaintiff must be able to calculate any damages or losses associated with the injury. If the plaintiff fails to deliver a clear amount, the damages award may be reduced or even denied.
- Causation: The plaintiff must prove that the defendant’s negligence caused their injuries.
- Breach of Duty: The plaintiff must prove the defendant breached their duty to drive safely. As it was previously mentioned, this means an affirmative act of negligence, such as running a red light.
- Duty of Care: The defendant must “owe” the plaintiff a duty of care. In the United States, law dictates that all drivers owe other drivers the duty to drive safely and to obey all traffic laws at all times.
Examples of negligence in a car accident:
- Failing to use the vehicle’s equipment safely: This category includes failure to signal when turning, failure to dim high beams, or failure to engage hazard lights. This also includes failure to repair and maintain all parts working, for example, broken brake lights, parking lights, or headlights.
- Failing to maintain control of the automobile: All cases when the driver is not able to control their car under the parameters established by the authority; this includes, sudden stops, and failure to stay within the lanes.
- Failing to be vigilant: Drivers are expected to maintaining a good level of alertness at all times while driving. One particularly common mistake, is the use of cell phones while driving.
- Failing to obey traffic laws: Running stop lights, and speeding beyond the speed limit are some of the most common actions considered a breach of the duty of care.
– Causation is the most used term in the majority of accidents lawsuits. Causation happens when the defendant argues that they did not cause the injuries to the plaintiff, or that the plaintiff was, in fact, responsible for their own injuries. Another point of contention in some cases is whether the defendant actually breached the duty of care.
– In the state of California, it is not uncommon for the plaintiff to be partially at fault. This is the doctrine of “comparative negligence”. Under this doctrine, liability may be divided among all responsible parties according to their relative degree of fault.
– It is also important to understand that drunk driving is classified as a criminal offence, not a civil violations such as negligence. Therefore, drunk driving has its own category of laws.
If you are involved in a car accident, you should have the facts of your claim reviewed by an attorney as soon as possible. The good news is that if you need a car accident attorney in the San Francisco Bay Area, or anywhere in Northern California, we are here for you. Contact our office to schedule a free consultation by calling us toll-free at (888) 520-9617 or contact us online.
The number of people working in the bicycle delivery services is growing all over the county, Incidentally, the increased growth of cyclists has also led to an increased number of cycling accidents. In the most recent study by GHSA called “A right to the Road: Understanding & addressing bicyclist safety”, it showed that since 2011, 55 cyclists have died on U.S roads every year. In 2015, the last report shows that cyclists death rose 12.2%. This phenomenon is attributed to a number of factors, such as the lack of legislation protecting the user, and the lack of urban planning efficient enough to accommodate this wave of vehicles in the streets.
Under CVC-21200 article 4. “operation of bicycles”, all cyclists have the same rights and responsibilities as any vehicle driver, but it is important to consider that if an incident involves a person working as a bicycle courier or messenger, there are specific issues related to those cases.
Let’s have a look at the most relevant cases:
When a courier is involved:
Whether the cyclist was at fault, or the other party was at fault, there are similar considerations that non-cyclists should be aware of when it comes to accidents with bicycle messengers. If, at the moment of the accident, the cyclist was working, (engage in a delivery, or going to pick up something) most likely, the cyclists will be covered under a regular compensation policy, no matter who was at fault. In case the cyclist has not signed a compensation policy, there is a chance of reduction of potential damages. Regardless of the type of policy, or whether the cyclists have it, you should follow the process to notify your lawyer immediately.
When the cyclists was at fault:
Although it may seem unlikely, there are also cases when the cyclist was at fault, either by injuring pedestrians, drivers and passengers, or damaging valuables, such as vehicles or property. If that is the case, the liability falls to the bicycle delivery agency/company, and the messenger. It is also important to consider that, for plaintiffs, it is important to seek legal relief against the company, and not only against the cyclists/worker.
When a driver was at fault:
When the opposite happens, a vehicle hits a bicycle messenger, the messenger, despite any worker’s compensation coverage available, will have a cause of actions against the driver. This differs depending on the state, so it is very wise to consult a lawyer before any further action is taken.
If you are working as a courier or messenger, it is important to understand the policy of your company. Some employers may not provide sufficient protection. If that is the case, you should always try to arrange for appropriate coverage with one of the many insurance companies offering private, or independent contractor policies.
Being involved in an accident with a courier can be stressful and painful. Let us take the stress off your shoulders while we focus on holding the at-fault party responsible for their actions.
If you need an accident attorney in the San Francisco Bay Area, or anywhere in Northern California, contact our office to schedule a free consultation. Call us toll free at (888) 520-9617, or contact us online.
Speeding fines in California (according to California Vehicle Code Section 22350) may result in heavy fines, and hefty insurance premiums alongside.
- One to fifteen miles per hour over speed limit – Base fine: $35.00
- Sixteen to twenty-five miles per hour over speed limit – Base fine: $70.00
- Twenty-Six miles or more per hour over the speed limit – Base fine $100.00
If you or someone you love was involved in an accident, we can help you settle your case. Contact us online or use our toll free number : 888-520-9617
Despite of the advancement in automobile industry over the last century, the Insurance Institute of Highway safety reports around 3,000 moralities in California, annually. Driver across the country must take automobile accidents as a legitimate safety and health hazard. We’ve compiled the common causes for automobile accidents and some necessary precautions to avoid ending up in one.
If you or someone you love was involved in an accident related to those distracted by Pokemon Go, we can help you settle your case. Contact us online or use our toll free number : 888-520-9617
Since the craze of Pokémon Go is fading with time we have compiled chaos amid the fun caused by the mega sensation of July ’16.
In upstate New York, a driver struck a tree with his car, while playing Pokémon Go.
Two men apparently trying to collect “Pokémon Go” virtual characters on their smartphones were rescued after falling off a 90-foot bluff in Encinitas , California.
— sethary (@seth_cordaro) July 8, 2016
Three teenagers were stopped by security at the Nuclear Power Plant, when they trespassed on the property in their pursuit of Pokémon.
7/11-Traffic accident: Illegally parked car struck from behind (*Airbags deployed in 2nd car). 1st driver had exited to catch a Pokémon.
— Texas A&M Police (@TAMUPolice) July 13, 2016
A Group Of Teens Allegedly Robbed People They Found On Pokémon Go
Went to a call for a car accident that happened because he was trying to catch Zubat on the hood of his car #DontPokemonGoAndDrive
— Alexx (@alexxruizzzz) July 9, 2016
First, the game’s terms of service disclaim liability for property damage, personal injury or death while playing the game, as well as claims based on violation of any other applicable law. The game also requires arbitration of disputes. Players must also agree to fine print saying they cannot enter private property without permission. But who reads the fine print these days? Should the game contain more warnings?
Pokémons most often appear near tourist hot spots & urban areas, rather than less populated ones, yet the game randomly generates the spots where they appear, including at times on private property or very close to them. Can private property owners be liable for injury to players if the owners fail to post clear warning signs?
If you or someone you love was involved in an accident related to those distracted by Pokemon Go, we can help you settle your case. Contact us online or use our toll free number : 888-520-9617
It’s one of the most difficult times in your life – dealing with all that goes with a debilitating accident. No one wants to be in this situation, but then what do you do if you happen to belong in this camp? There’s no reason to “go it alone”. Considering you have to call the insurance company to try to get your bills covered (as your policy should be designed to do), you’re basically in the David/Goliath scenario and your are David, phoning up Goliath to try to make a deal.
Fortunately, there are a number of great personal injury attorneys who’ve spent years specializing in any number of personal injury situations. Sometimes, all it takes to make a difference is choosinga seasoned and skilled personal injury lawyer to represent you in your case. Your attorney canstart a process in motion that will lead to a very different outcome than if you were to try to work with the insurance adjusters yourself. Consider it more of the “good cop/ bad cop” scenario. It’s hard to be the “bad cop” with a company who you may still want to be your insurance carrier in the future.
The basic questions to ask in your situation is: “Is my claim riddled with anumber of complex rules to the point that I’m having trouble making any sense out of them?” and/or “Were/are any of my injuries really significant enough because of this accident?” If you answer yes to either of those, contact Maidenberg Law Group.
Consider these example situations which are all great reasons to consider hiring a Personal Injury Attorney…
Long-Term or Permanently Disabling Injuries
Any accidents that result in injuries that have an impact on what you can do or what you look like are considered long term if they still affect you after a year or so – or for the rest of your life. How could anyone put a price on that? How do you, or anyone else for that matter, figure out how much compensation sustaining that type of injury is worth? Receiving advice on these sort of estimates can help you deal with such a difficult situation with a justremedy in mind.
There are standard calculations in place for various kinds of injuries and what damages can be sought based upon them. The insurance companies have professional staff dedicated to making these calculations. Other factors insurance adjusters consider are the costs of your medical treatment, the degree of the injuries suffered, and how long it’s going to take to recover. As the cost of compensation increases, the range of what they’ll actually pay when all is said and done increases as well. Whichever range you are offered on the low end might not feel fair to you. Depending on your unique situation, sometimes, insurance providers will offer two low ball figures and neither one will be on the high side of the reasonable range. To make this more demeaning, even what their highest offer might be, it could still be lower than what’s possible. If you or a loved one is in a situation like this, it’s clear that a personal injury attorney will be better suited to help you mitigate your losses and get a more reasonable offer for your claim.
Have you or a loved one received medical care that turned out to cause more harm than good? As these horrible stories on CNN show, mistakes can be made. Experiencing such a medical mistake can be beyond traumatizing. Careless, incompetent or unprofessional treatment from the hands of medical providers – doctors, nurses, hospitals, lab techs – all can contribute to unnecessary suffering. Despite this, legal rules can come into play that make cases like these incredibly complex. If you or a loved one have experienced injuries from malpractice, an attorney who has dealt with medical malpractice is indispensable.
Are you familiar with the Erin Brockovitch story?. In the San Francisco Bay Area, we are all exposed to toxic chemicals – in the air, the ground, and in the water. (See the biggest Bay Area polluters on the EPA’s toxic release list). Sometimes, the poisoning occurs in our own food supply. The problem with toxic exposure is the fact that even if we are actually sickened by this kind of toxicity, it can be really tough to prove, and we usually need specific scientific data to backup our claims. Companies that are in charge of putting these chemicals out there have lots of protections in place to block accountability. This makes evidence difficult to come by. So, if you’ve been harmed by toxic exposure, it’s important not to “go-it-alone”. contact a personal injury attorney to assist you with your claim.
When Insurance Companies Refuse to Pay
In some cases, no matter what you’ve done, and regardless of the kind of injury you’ve suffered, or what caused it, the insurer or government agency in charge just refuses to provide any assistance, or compensation of any kind, nor pay a settlement that feels remotely fair. If this unfortunate scenario occurs, get help. Even though you’ll be providing a portion of your compensation to your lawyer in these cases, often what you get is better than what you would have before, on your own.
Why Maidenberg Law Group?
Maidenberg Law Group is dedicated to helping individuals who’ve been harmed through no fault of their own. If you or a loved one is facing a difficult situation of paying out of pocket for injuries, losing work, and dealing with the hassle of companies that don’t care, Maidenberg Law Group can help you navigate the maze of personal injury and help intercede on your behalf.
What to do following a car accident in the San Francisco Bay Area
Being involved in an accident whether on the road or the freeway can be a traumatic experience. Unfortunately, not taking the right precautions can lead to a whirlwind of consequences. That’s why being prepared is so important. Knowing what to do can help you remain calm, get medical assistance if necessary, and also allow you to better protect your rights. With accidents becoming far more frequent with every passing year, it’s important to know what steps there are at the scene of a car accident.
The first priority following a car accident is to dial 911. This is a given if anyone is injured in the accident, but those answering 911 calls will also dispatch law enforcement to arrive at the scene of the accident. The police or highway patrol officer will produce a report of the accident and gather witness testimony, which is important, too. When injuries are involved,you should help anyone who is injured; however, if you are not medically trained, do not attempt to move a seriously injured person unless leaving the person where they are would put them in risk of greater injury or harm, such as a fire, or risk of explosion.
Depending on your injuries, you may not be physically able to take the following steps. If this is the case, you or someone on your behalf should do the following:
- Obtain the information of the other driver including their name, address, driver’s license number, insurance information, vehicle owner’s name and address (if different from the driver), and the make, model, and license plate number of the vehicle;
- Take pictures of the accident scene including the surrounding area (i.e. any obstructions, traffic signals, vehicles, etc.) and any injuries;
- Obtain the names and contact information for people who witnessed the accident. Independent eyewitness testimony is very valuable in a personal injury claim when the other driver is denying fault.
Consult Your Physician
It is always a wise decision to have a physical exam after being in a car accident. If you were injured, you naturally would see your family physician as soon as possible. but you could also be suffering from an injury that may not have been immediately recognized, and your physician may be able to spot something you might not have. In some cases, the soreness, aching, or pain you feel in the days and weeks after the accident may be an indication of a more serious injury, such as dislocated ribs, misaligned vertebrae, bulging disks, or torn muscles in your neck.
Repair Your Vehicle
By law, you have the right to repair your vehicle at the shop of your choosing. Your insurance company will want appraisals and estimates for repairing the property damage claim. You can settle the property damage claim to have your vehicle repaired without settling the bodily injury claim. However, before signing any releases, make sure you read the fine print to verify the insurance company is not including language in the release that affects your bodily injury claim. If you have any doubts, it is wise to consult with a personal injury attorney.
Keep Copies of Everything Related to the Accident
Keep copies of any and all documents that relate to the accident including medical bills, receipts for medication, statements regarding property damage, and evidence of any other out-of-pocket expenses (i.e. hiring others to do your work, or household chores such as mowing your lawn, or performing household chores because you are unable to do so due to your injuries).
Never Discuss the Accident or Sign Documents for the Insurance Company
Insurance adjusters contact accident victims as soon as possible following an accident to obtain written and/or recorded statements and signed releases. Their objective is to get in contact with you prior to you consulting with an attorney. In doing so, they hope to obtain evidence to use against you to justify making you offers far below the compensation you actually deserve.
The insurance company of the other party involved in the accident is not on your side. They are a business and their goal is to have the largest profit margin possible. Therefore, insurance companies try to pay as little as possible for automobile accident claims. If the insurance adjuster or anyone on behalf of the other driver asks for a statement or asks that you sign documents, do not agree until you have discussed your case at Maidenberg Law Group.
Contact Maidenberg Law Group for a Free Consultation
Insurance companies have a team of legal professionals and others working for them to investigate the accident. These individuals are highly trained in ways to mitigate the company’s liability so the company does not need to pay you the full value of your claim.
To combat the insurance company and level the playing field, you need your own legal team advocating for you. Our experienced and knowledgeable team will thoroughly investigate your claims to identify and preserve key evidence that will be used to maximize your compensation.
Being involved in a car accident can be stressful and painful. Let us take the stress off your shoulders so you can focus on your recovery while we focus on holding the at-fault party responsible for their actions.
If you need a car accident attorney in the San Francisco Bay Area, or anywhere in Northern California, contact our office to schedule a free consultation. You can contact us toll free at (888) 520-9617 or contact us online.
An Oakland Traumatic Injury Lawyer
The first moments of a car crash are scary — the screeching tires, the sound of the impact of steel on steel. The aftermath can be even scarier, especially if you’ve suffered injuries that will have long-term consequences for your mobility and quality of life.
You may be out of work for months. With severe trauma such as a brain injury or spinal cord injury, you may not be able to return to work. Yet you still need to provide for your family. The Law Office of Ron Maidenberg is here to help.
A broken leg sustained in a car accident is one thing. The loss of your fingers or toes is another. You may suffer disfigurement from “road rash” after a motorcycle accident. A neck injury can cause problems long after you’ve left the hospital. You may have hearing loss, blindness or paralysis. A brain injury can be more severe, with loss of cognitive function.
State Disability Payments May Not Be Enough
The California Employment Development Department handles disability payments. At slightly over half of your earnings, it’s a help, but definitely not what you’re used to bringing home. What’s more, the benefits run out after a year. It can be a struggle to pay your hospital and rehabilitation bills.
If your insurance company balks at paying your bills, you need an attorney who is experienced in handling traumatic injury claims. Ron Maidenberg will help you work out a strategy to get the assistance to which you may be entitled.
The First Consultation Is Free
If you or a family member has suffered a traumatic injury and the insurance company won’t play nice, contact the Law Office of Ron Maidenberg. We’ll evaluate your case free of charge and outline the next steps in your recovery.
Personal Injury Law
What is personal injury law?
Personal injury law involves injury which is caused accidentally, not intentionally, by another’s failure to use reasonable care. This type of law covers situations in which a person’s body, mind, or emotions are hurt, usually due to someone else’s negligence or carelessness. It includes wrongful death and situations where an injury results in a fatality.
How do liability and negligence relate to an insurance claim?
A person may be liable for the injury due to negligent or reckless action. The resulting injury must have been caused by the at-fault party, and must have been a foreseeable result of the at-fault party’s negligent action. So even if someone who commits a negligent action didn’t intend for someone to get injured, that negligent party may still be the defendant in a personal injury claim.
What types of personal injury claims are most common?
Types of personal injury lawsuits often arise from automobile, bicycle, pedestrian, boating, aircraft, commercial trucking, and other kinds of vehicle accidents. Personal injury claims can also arise from medical malpractice, defective products, and slip-and-fall claims.
Why do people hire injury attorneys?
A successful personal injury claim may recover monetary funds for medical expenses, property damage, lost wages, emotional pain and suffering, burial costs, and other financial costs that result from the injury. Typically, a personal injury lawyer is hired to oversee the claim, to let an injured person focus on healing without the stress of dealing with the legal side of the accident. Injury lawyers typically offer a no-cost consultation, so there is no downside to speaking with a lawyer about your potential claim.