Stockton Personal Injury Lawyer

Road Terrors Can Be Preventable

Shanley Monroe — Tue, 01 Sep 2009 01:33:44 GMT

If you’ve ever watched a pendulum swing for a long time, you know what it’s like to be mesmerized by the repetitive motion. You stare at the same movement and slowly begin to lose consciousness. This feeling is also common for those who spend a lot of time behind the wheel. When you drive for an extended period of time, especially if you make a living behind the wheel of a truck, the constant flow of trees, fields, cars and road can be a mind-numbing experience.

The stress, tension, and fatigue of constant driving all add up for those who make a living on the road. Driving conditions are often poor for overworked drivers. However, add to that the unsafe practices allowed or encouraged by many trucking companies and you have a recipe for roadway disasters. Truck safety is a serious problem in the United States, where 14% of vehicular fatalities involve trucks. This year in California alone there were nearly 400 truck-related deaths. An increased attention to trucking safety regulations would make the roads substantially safer for all drivers.

Currently, many trucking companies violate safety standards in order to cut costs. Some practices include overloading shipments, hiring unqualified drivers at cheaper wages, ignoring general maintenance on tires, wheels, and brakes, and encouraging drivers to travel faster and spend more than the allowed number of hours driving. This results in over 4,000 fatalities and 80.000 injuries each year from truck accidents alone.

In an investigation of the trucking industry, the American Association for Justice determined that, of the 9 million trucks on U.S. roadways, over 211,000 fail to meet the minimally expected standards of safety. To address this serious problem, safety regulations were reinforced in June 2009 by the Commercial Vehicle Safety Alliance. The CVSA conducted inspections, of which they notified trucking companies in advance, and still found over 22% of the trucks unfit for safe operation. About half of the unsafe trucks had brake problems. Alarmingly, the industry regarded these results as a success, citing a “deep commitment to the safety of all motorists”.

It is unrealistic to think that we will be able to completely eliminate truck accidents, but according to these investigations, many are easily preventable if companies implement simple safety measures. The trucking industry must be held accountable for putting the public at risk through carelessness and disregard for safety. Better safety standards and a strict enforcement of those standards are needed to promote public safety and keep the death toll at a minimum.

Originally posted at InjuryBoard by Shanley Monroe

Wrongful Death Suit Settled After 8 Years

Shanley Monroe — Tue, 01 Sep 2009 01:12:55 GMT

Anyone who studies literature is familiar with the figure of the “tragic hero”. In mythology, drama, and fiction, readers can easily find an example of an otherwise noble character who has, due to a so-called ‘tragic flaw”, fallen from grace. These characters are sympathetic. They are not villains or bad people, and their likeability makes it difficult for some readers to hold them accountable for their actions. For example, Macbeth may be homicidally ambitious, but, deep down, he's got a conscience. Unfortunately, while readers lack hatred for the tragic hero, they often ignore the minor characters who suffer because of that hero's mistakes. It is, often, very difficult to hold a presumed 'good guy' accountable for his bad acts. However, when it comes to the law, not doing so may cause further harm to an injured person.

This happened in the case of Alan Adams, which recently settled for $5.7 million. Adams was 18 when he was fatally shot in 2001 after allegedly running a stop sign in Stanislaus county in California. After a highway chase, police cruisers rammed his vehicle to stop him. Adams drove in reverse as he tried to flee, but Highway Patrolman Paul Speers shot him twice through the windshield.

In defense of his actions, Speers claimed that he was pinned between Adams' car and his cruiser, and was therefore forced to shoot in self-defense. However, after two eyewitnesses testified that Speers was not pinned between the cars, forensic evidence, including how the shell casings landed and the bullet trajectories, proved that the shots could not have been fired from where Speers was allegedly pinned.

Years after the accident and Adams’ death, the jury awarded $5.5 million to the family which was reduced by 20 percent for the deceased’s comparative negligence.

Obviously, the last thing anyone wants to think about after the death of a loved one is the expense that will result from the death. There are funeral expenses, burial costs, and leftover medical bills to be settled even as the family attempts to cope with grief. In these cases, it is best to consult a personal injury attorney who can handle your case and advise you of your rights.

Trials can become frustrating when opposing parties come up with ludicrous magic bullet theories in order to exempt themselves from liability. You need to focus on the case, not on bills that pile up. Let a personal injury attorney with experience in auto accident litigation help.

As for the case of Alan Adams, no one will argue that Officer Speers was a violent or “bad” person; he was merely an otherwise good person who made a tragic mistake. However, we must never ignore the fact that those who suffer deserve justice.

Originally posted at InjuryBoard by Shanley Monroe

Man vs. Machine

Shanley Monroe — Thu, 27 Aug 2009 02:54:33 GMT

If you’ve ever seen The Brave Little Toaster, you’re probably at least vaguely familiar with a popular theme in sci-fi movies and books. Machines come to life and run without any help from humans. Pixar films like Cars and Wall-E introduce us to friendly, loveable characters who drive, roll, and otherwise bleep their way into our hearts. Even cornerstone films like Star Wars rely on this theme to present cultural icons like C3PO and R2D2. The underlying idea to these figures is that the machines have minds of their own. In fiction and on film, the concept is endearing. In life, however, we like our machines to stay as predictable as possible, especially when we rely on them on the road.

When vehicle imperfections and malfunctions cause accidents, the company that made the car in question is liable for damages and injuries sustained in a related accident. In addition, the dealer that sold the car, inspection agencies, and part suppliers may be accountable, depending on the type of defect. This week, a product liability injury lawsuit was filed against Ford Motor Corporation, Continental Tire Corporation, TRW Vehicle Safety Systems, Chino Hills Ford, and Beceril Tire Shop after a Ford Expedition SUV was involved in a rollover car crash.

Griselda Bernadino was driving when the car’s left tread separated from the tire, causing the driver to lose control and the vehicle to roll over. She suffered severe spinal and brain injuries, and her five passengers were all seriously hurt.

Attorneys for the plaintiff claim that the car, which was prone to rollovers, could have been made more secure if it came with Electronic Stability Control. Because of the nature of the car, ESC should have been installed automatically and not merely offered as an option. The structure was also too weak to sustain the roof when the car rolled over, causing the vehicle to crush down on the passengers. Other defects included insufficient restraints, defective tires, insecure door latches, unsafe side windows, and lack of air bags.

All of these problems could and should have been addressed by manufacturers and part suppliers, which could have prevented the accident and injuries. If you are involved in an accident during which your vehicle malfunctions, air bags fail to deploy, restraints snap, or the car somehow fails to measure up to safety standards, then you may be able to file a lawsuit against the car company. In today’s world, we rely upon machines, like our cars, to be as safe and predictable as possible. While the Brave Little Toaster may decide to take a spontaneous trip to Mars, cars should be reliable. If yours is not, consult an attorney who specializes in auto accidents and defects to be advised of your rights.

Originally posted at InjuryBoard by Shanley Monroe

Seeking Medical Treatment Immediately After an Accident is a Must

Shanley Monroe — Thu, 27 Aug 2009 01:37:56 GMT

Jack and Jill go up the hill in their brand new Honda Civic to get a 12 pack of Aquafina from Circle K. Just as they are pulling out of the parking lot, Hansel and Gretel, who are running from the witch with the gingerbread house in their brand new Chevy Cobalt, slam into them, causing the car to careen down the hill. You know the rest. Jack breaks his crown (ouch), and Jill comes tumbling after.

The average person believes that Jack’s fractured skull and Jill’s inevitable injuries resulted from their accident. If, for example, Jill begins to suffer from whiplash shortly after the accident, it’s fair to guess how she got it. However, when you’re dealing with insurance companies, fair guesses are not enough. Let’s say Jill tries to file a claim. She needs to provide her medical records to prove that her injuries resulted from this accident. Prior medical records may be relevant to prove that she was not already injured, and Jill definitely needs to provide evidence of her treatment after the accident.

Let’s assume, however, that Jill does not visit the doctor right after the accident. Following her wretched spill down the hill, she walks away feeling fine, so she waits to make an appointment. Her injuries don’t become symptomatic for over a month. Only then does she make an appointment. Even though Jill is certain she didn’t have any other accidents or traumatic incidents, the insurance company may refuse to consider her injuries related to the accident. Most companies will only consider treatment if it takes place within four to six weeks of the accident. Otherwise, they may claim that your injuries are unrelated to the accident itself.

The bottom line is that the more time that elapses between an accident and you seeking medical attention, the harder it is to prove that your injuries came from the accident. Even if you feel fine after an accident and do not think you are hurt, you may be well advised to pay the doctor a visit to get checked over. That way, if you develop pain later and have to return, your medical records will still show that you first sought treatment within days of the accident, not months.

Seek medical treatment immediately after an accident, and if possible, try to avoid falling down hills.

Originally posted at InjuryBoard by Shanley Monroe

Off the Record

Shanley Monroe — Fri, 31 Jul 2009 19:57:35 GMT

Chances are that if you watch television, you’ve seen at least one ad for an insurance company touting their folksy, people-first policies. While insurance companies are not your enemies, it is important to remember that they are businesses, and businesses must act first and foremost in their own interests, not yours. Therefore, when you have been in an accident and receive a call from an insurance adjuster or claim representative requesting that you give a statement, it is critical for you to remember that the caller's purpose is to get you to say something that may reduce amount they will have to pay to settle your claim. Be very careful about whatever statements you make, especially if they are going to be recorded.

You might wonder why a “recorded statement” is different from a regular statement. Basically, they can be used in different ways. Recorded statements are official and cannot be changed while off-the-record statements can be edited or corrected later. You should definitely give a statement containing the facts about the accident, but a company cannot make your words a matter of record without your permission. Providing helpful information to the insurance companies is different than making a standing record.

You definitely have the right to refuse to make a recorded statement if the statement is requested by a different insurance company. If an insurance company for another driver is pressuring you to make a recorded statement, you should contact a personal injury attorney who specializes in auto accidents or speak to your own insurer about it. An attorney can make sure that you provide only the necessary information to your insurer.

Once you give a recorded statement, it is impossible to change anything you have said. The record is created on the spot, with no time to prepare and often before you have seen your doctor and obtained an accurate diagnosis of your condition. If you give incomplete answers because you have forgotten some details, it is hard to include them later. It is also common that some injuries are not symptomatic until weeks or even months after an accident. If you fail to mention injuries, it looks suspicious to do so later, even if you did not know about them at first. You may unknowingly make incorrect statements that prevent you from getting the compensation you deserve. Your spontaneous statements may not be as clear as you think they are, so if your own insurer says you are obligated to make a statement, you should submit one in writing so that you can be concise and accurate. If you are careful to only share objective facts about the accident and avoid speculation about fault, your own insurance provider can use the statement to help determine the settlement. You can and must cooperate with your insurance company, but you can do this without making a recorded statement. Protect your interests by contacting an attorney if you have questions about your obligations after an accident.

Originally posted at InjuryBoard by Shanley Monroe

Don't Pay What You Don't Owe

Shanley Monroe — Fri, 31 Jul 2009 19:36:06 GMT

In today’s economy, most people are very concerned that they not be reported to the credit bureau. With layoffs abounding and prices on the rise, the last thing you need is a bad credit score that will put your interest rates through the roof. You want to make sure you pay all your bills on time and keep your nose clean to ward off further financial woes. However, this responsible mentality may cause you to pay money you do not actually owe, especially if you did not expect the charges. After an accident, most people, especially the injured, face a lot of unexpected bills from doctors, mechanics, towing companies, and the like. If injured, you may feel pressured to simply pay these bills so that you do not rack up standing debts. However before writing a check, you should be conscious of what you are paying to whom, because you might not be obliged to settle every bill you receive if you are insured.

Take for example hospital bills. When health care is provided by a participating provider (a doctor or hospital who has an arrangement with your insurance company), they are prohibited from the practice of balance billing. A balance bill is exactly what it sounds like; if your insurance does not pay all your medical fees, then the physician will often send a patient the bill for the remaining balance. If you receive a balance bill, there is something you should know: you do not necessarily have to pay. In many cases, patients pay the bill since they do not know what else to do In a simple world, you get an invoice for money you owe, and you make the payment. However, when third parties, like your insurer, are added to the mix, things are more complicated legally. You should call your insurance company if you have a question about a balance bill, because most of the time, you are being billed for money you do not owe. It may actually be a violation of your contract with the insurance company for you to pay the bill.

You may wonder how this comes about. It boils down to your insurer and the doctor disagreeing over the cost of your treatment. If you are treated by a doctor who does not have a contract with your insurer, then the insurer is only obligated to pay the standard cost of your treatment, which is set by the industry and not necessarily equal to what the doctor charges. The doctor just wants to be reimbursed for his regular fee, the insurer does not want to pay an inflated rate, and neither will compromise. Your insurance company and health care provider clash, and you’re caught in the middle of it. Oftentimes you get stuck with what is known as a “balance bill”, which your insurer will not cover.

You should also be aware that some people are not allowed to send you a balance bill. For example, if you are treated by an “in network provider”, meaning a doctor or hospital that has agreed to give health care at a discounted fee, they must accept the rate offered by your insurance company. They cannot bill you. You do not have to pay anything. The logic behind this is that in an emergency situation, you do not have a choice when it comes to which doctor treats you. You have no opportunity to “shop around” and compare their fees, you don’t know whether they will work with your insurance company, etc. If you are already insured, you cannot be held accountable for the fact that your treating physician happens to charge a higher rate. Many insurance contracts also include the clause that the patient is not allowed to make private payments the insurer has already refused to make. This not only protects the insurer, but also you.

After an injury or hospital stay, contact your insurance provider about any bills you receive. Don't let your good intentions of settling debts cost you. Be careful not to pay what you do not owe.

Originally posted at InjuryBoard by Shanley Monroe

Neglect on Nursing Board Dealt with Swiftly

Shanley Monroe — Sat, 25 Jul 2009 04:13:08 GMT

One of the hot button issues facing the nation is health care reform. Most public officials agree that health care reform is necessary. The question is not whether reform is needed, but rather how to reform the system. Patients who need emergency or long-term treatment in hospitals face more than the challenge of recovery; many also face the challenge of an over-inflated medical bill. This is just one of the many reasons you may prefer to keep your hospital visit as short as possible. You trust that your caregivers are doing their best to restore you to health and help you go home sooner rather than later. After all, they’re charging you $10 for an aspirin; one would hope that kind of price tag buys you quality care and puts you on track for a speedy recovery. Unfortunately, recent reports have revealed that the Nursing Board for the state of California may have been overlooking complaints about unfit or neglectful nurses.

The Nursing Board’s failure to address problems with the state’s health professionals caused Governor Schwarzenegger to fire three of the six board members, among them the president and vice president. The official reason for the firing was the “unacceptable time it takes to discipline nurses accused of egregious misconduct”, according to The Los Angeles Times and ProPublica. Investigations have revealed that nurses throughout the state have been allowed to continue working despite misconduct that harmed patients, criminal convictions, and incompetence. The California Board of Nursing allowed nurses accused of misconduct to continue practicing with clean records. Many who had been fired or prohibited from working in other states kept practicing without facing any disciplinary action from the board. On average, The Los Angeles Times’ investigation found that the board takes three years and five months to look into a given complaint. This is more than 6x the amount of time it takes for other state boards to address complaints in Arizona, Texas, or Ohio. This means that, since the board is also responsible for processing complaints to a nurse’s record and revoking licenses, mistreatment of patients in California hospitals has been essentially ignored by the Board of Nursing for years.

In one particular case, Laguna Beach resident Spencer Sullivan became a quadriplegic after a successful neck operation in 2001. State records allege that following the operation, a nurse gave Sullivan twice the amount of medication he was supposed to receive, causing him to suffer brain damage. The Sullivan family filed a complaint with the California Board of Nursing in the months following the operation. After suing the hospital, the incident was again reported to the board in 2005, this time by the family’s insurer. Not until April of 2008 did the board file a complaint against the nurse.

If you or a loved one has been a victim of neglect or misconduct by a health professional, you should consult an attorney as soon as possible for help filing a complaint and possibly recovering damages for injuries you have suffered. If you are sick or injured, the last thing you should have to worry about is neglect or abuse from your caregiver. An attorney with knowledge of official complaints and medical misconduct can help you through the process of protecting yourself, your family, and your rights.

Originally posted at InjuryBoard by Shanley Monroe

When Hit and Run Accidents Leave You in a Lurch

Shanley Monroe — Fri, 17 Jul 2009 13:33:37 GMT

Most people know some variation of the parable of the Good Samaritan. A man traveling on the road is beaten and left for dead by a group of bandits. Two men pass on the road without helping him, but the third, a Samaritan, stops to help the man. He takes him into town, checks him into an inn, and leaves money to cover his expenses. When people tell the story, they usually focus on the Samaritan and the two men who passed on the road. To be sure, these characters are the most important to the parable’s message. However, one has to wonder what became of the bandits on the road. Who were they? Were they ever caught? Were they brought to justice?

In a hit and run accident, the same questions apply to the runaway driver, but if you have been victimized, your questions are more than sheer curiosity. You may wonder how your expenses will be covered, how likely it is to catch the driver, and whether you will ever be able to pursue legal action against them. California has one of the highest rates of hit and run accidents at 11%. The law requires that all drivers involved in an accident immediately stop, exchange information with the other driver, and wait to answer questions when the police arrive. However, sometimes a driver will leave you by the side of the road with no information and no idea of what to do next. There are three main reasons for a driver to flee the scene of an accident. They may be unlicensed (in many cases living in the U.S. illegally), intoxicated, or uninsured. Under any of these conditions, there are some things a victim should keep in mind during an investigation.

If the driver is in the country illegally, he or she is unlicensed. This greatly increases the odds that the vehicle is unregistered. Often an illegal or unlicensed resident will purchase a car at an auction or bank-lien sale since no license is required to buy one this way. When an unlicensed driver with an unregistered car flees the scene, he or she will likely abandon the car and disappear on foot. That way, even if the car is recovered, it is untraceable.

Intoxicated or uninsured drivers are easier to track down, however this might be of little help to the injured party. Uninsured drivers do not have the ability to pay damages, and even though California law requires drivers to carry auto insurance, and the state may choose to prosecute, you will not benefit. However, you can protect yourself by purchasing Uninsured Motorist coverage from your own insurer. This insurance can help compensate you for lost wages and pain and suffering, things that your regular insurance and health coverage will not touch. (Your regular insurance should be applied to property damage.) Uninsured Motorist insurance can also apply to your passengers in an accident and usually covers you if you were struck as a pedestrian. In California, Insurance Code 11580.2 requires all automobile insurers to include Uninsured Motorist coverage in their insurance contracts unless they get a written waiver from the insured. Waiving this type of coverage is folly, because it is probably the most important part of an automobile insurance contract. In fact, you should purchase as much Uninsured Motorist coverage as you can afford.

If a driver flees because of intoxication, the odds are better that they will be found and that they could be insured. You can help by trying to get the license plate number, a description of the car, and a description of the driver who leaves the scene without giving you their information. This can be helpful to police immediately since your chances of finding the driver are highest right after the accident. You should also contact an attorney who specializes in automobile accidents and injuries as soon as possible to be advised of how to proceed throughout the process of recovering losses and hopefully proceeding against the other driver.

Originally posted at InjuryBoard by Shanley Monroe

Multi-Car Accident Injures 7

Shanley Monroe — Fri, 17 Jul 2009 01:36:41 GMT

It’s a safe driver’s worst nightmare. It’s unavoidable, it’s unpredictable, and it’s unstoppable. It’s the other person on the road. Whether another driver is distracted, intoxicated, or just careless, his or her actions are completely outside your control. However, the effects of those actions can still put you and other drivers in harm’s way. It may not be your fault, but the danger is there.

Common sense dictates that if you are involved in a collision, the car that strikes another is probably responsible. For example, if you rear-end the car in front of you, you are most likely at fault for the damage to the other vehicle and the passengers inside. However, this is not always the case, particularly in multi-car collisions. For example, over the Fourth of July, there was a collision involving five cars on Highway 101. One car was overturned and a passenger had to be cut free of the wreckage. Seven were injured, five of whom were transported to local trauma centers to be treated for critical injuries.

After the initial concern for the injured, the question that most likely comes to mind for the drivers involved in such a collision is, “Who is responsible?” This can be a confusing question after an accident. The shock and emotion of a collision can distort a driver’s perception, cause details to seem fuzzy, and make it difficult to recall the series of events leading to the crash. A crash can leave you in a stupor that causes you to second-guess yourself and question whether you were responsible. In a multi-car collision, this can make you vulnerable to admitting responsibility even if you were not at fault.

Take the following scenario as an example. Let’s say you are driving down a highway, following the car in front of you at a reasonable distance. Suddenly, you are struck from behind by a third vehicle with enough force to cause your car to slam into the first. In the confusion of careening around the road, your dominant memory is of hitting the car in front of you. You may think that your role in the accident makes you responsible for the damage to that vehicle, but this is not necessarily the case. In an accident like the one on Highway 101, the state of California, like most states, uses a method called the chain of causation to determine fault in a multi-call collision. In a nutshell, this means that in an investigation, police trace fault for all the damage back to the driver who initiated the chain of events in the crash. Unless it is found that one of the other drivers in the collision contributed to the likelihood of an accident (for example, by following another car too closely), the one who started the chain reaction of collisions is at fault.

Because of this, it is very important that when you speak to police after a multi-car collision, you state only objective facts. Do not ever admit fault, because you may not actually be at fault, even if your car hit another. If you do admit fault, your statement becomes part of the official police report. Other drivers’ insurance companies can use this report in determining who pays for damages, and admitting fault makes you vulnerable to taking undue responsibility. It is also important to know that even if you have other citations on your record, these have no bearing on the issue of fault.

If you are in a multi-car collision and have questions about your role in the accident, or if you feel that you are wrongly accused of fault by another driver, contact an attorney who understands the nuances of motor vehicle law and can advise you of your rights.

Originally posted at InjuryBoard by Shanley Monroe

Safety Device is Recalled

Shanley Monroe — Thu, 09 Jul 2009 15:21:45 GMT

Summer is here, and it’s time for you to head to the pool, the beach, or any other nearby watering hole for some relaxation and relief from the heat. Among the things you pack for a day of sun, sand and surf are your sunscreen, sunglasses, umbrellas, hats, floatation devices, and other recreational necessities. You bring these items along to protect your family. You bring them to make sure that everyone has fun and, more importantly, stays safe. You bring them because you trust that the manufacturers have sold you quality products. Unfortunately, not all products are created equal, and sometimes the very items you buy to ensure the safety of your loved ones can do more harm than good.

Take, for example, Aqua-Leisure Industries’ Inflatable Baby Float. The U.S. Consumer Product Safety Commission explained in its July 2 recall that the product is a hazard to consumers, because the leg straps on the device can unexpectedly tear and drop an infant into the water, as reported in 31 incidents. While Aqua-Leisure did not purposely market a product with the goal of endangering children, their negligent sale of the device creates a risk of drowning. The company is recommending that the Baby Float be returned for a full refund or destroyed by the consumer to prevent further use. Although this recall does not apply to all of the company’s merchandise, it’s always a good rule of thumb to inspect products before use and to only allow children to use them with supervision.

While a product recall is the preferred solution for a company that discovers a product defect, it does not absolve the company from responsibility. In fact, contrary to clearing the company of its responsibility, a product recall often provokes lawsuits. Even if a product has been recalled for several months, the consumer still has the right to seek legal action if harmed by the product. Recalls do not generally have expiration dates, so if you find you have been wrongly injured by a product you trusted, seek advice from an attorney who can protect your interests. However, bear in mind that the statute of limitation after an injury is two years in California (and sometimes much less depending on the type of defendant), so it is best to seek advice immediately after an accident. If you decide to file a lawsuit, you must do it within the time period allowed by the statute, or you will automatically forfeit compensation.

By exercising caution, consumers and their families can enjoy a safe and happy summer.

Originally posted at InjuryBoard by Shanley Monroe