Injury Lawyers San Diego Tag

Car Accident Caused By Item Falling Off A Truck

Usually, trucking companies are responsible for properly securing items to a truck while the driver is liable for any havoc caused by objects falling from a moving truck. While these laws may vary from state to state, both truck drivers and trucking companies generally have some liability.

— Car Damage —

Drivers who fail to secure items properly in their trucks put other road users in danger. Whether the driver is hauling garbage, pipes, construction materials, furniture or equipment, all truck drivers are responsible for ensuring that their cargo does not cause injury to others. If falling objects cause an accident, the truck driver and the trucking company may be legally responsible for any damages incurred by the victims.

If you were driving behind a truck carrying timber or other bulky items that fell and damaged your car, you might be eligible for compensation for the damages done to your car; from repair costs to paying for a rental car until your car is fixed.

Truckers are obligated to ensure the safety of other drivers; this includes properly securing their loads. Failing to properly secure a truck load can lead to negligence claims, which renders the truck driver responsible for damages incurred. Some truck companies try to decrease their responsibility by placing signs on the backs of their trucks warning drivers not to follow closely. In spite of any claims that the trucking company is not responsible for damage caused by falling items, they’re still legally responsible for not properly securing the items.

— Working with the Right Injury Lawyer —

Most of these trucking companies have lawyers who will attempt to mitigate their responsibilities in your accident. Working with an effective car accident law firm is a good way to ensure that you have adequate representation when filing a lawsuit. In some instances, the driver’s insurance company or the trucking company may try to intimidate you into taking a low settlement. It is imperative not to talk to the other insurance company without your lawyer in attendance.

Filing a lawsuit may appear intimidating, but drivers and trucking companies must be held liable for damages caused by poorly secured cargoes. They have a responsibility to pedestrians and other drivers to share the road cautiously and without causing injury. When there’s a breach in this responsibility, you may have a cause to file a lawsuit.

The car accident lawyers at Petrov Law Firm have settled many cases of car accidents caused by items falling off trucks or debris on the road. Contact Petrov Law Firm today if you are an injury victim.

Does a Liability-Free Zone exist for pets?

If you are a dog owner, is there such a thing as a safe haven for you and your dog? Unfortunately, the answer to this question is nearly never yes. Even in an environment created and reserved for dog-dog/dog-human interactions such as a dog park, you are responsible for your pet’s behavior. While dog parks may be a place where the city suspends its leash laws, the laws that govern liability for human or animal injury still apply.

What happens if your dog attacks while inside your home? If there is a guest present and they are injured in the attack, you are still liable, even if the attack occurs in your own home. While there is very little law that directly applies to in-home dog attack injuries, most courts will side with the predominant opinions that point to laying the burden on the owner of the aggressive dog. As long as another person is injured in an attack involving your pet, you as the pet owner will be held responsible, no matter what the setting.

If you or your dog was attacked, whether at a dog park or at someone’s home, the law is on your side. You need to contact a lawyer immediately so that you and the lawyer can begin to collect sufficient evidence to bring suit against the other dog owner. You will need to locate eye-witnesses and get medical records from your doctor and your veterinarian. The sooner you ask a lawyer for help, the more likely the case will settle in your favor.

Dog Bite at Your Own Home

Frequently, dog owners assume that because the visitor was “rough-housing” with the dog, they are no longer liable for any injuries. Simply put, anytime your dog bites someone (unprovoked or not) you can face a personal injury charge.

If you have a homeowner’s insurance policy or renter’s insurance policy, the insurance company will pay out for the losses because of the dog bit. (And then likely cancel your policy.) If you don’t have any insurance coverage, the injured person will have to sue you for damages and losses. Either way, you will want to have a personal injury lawyer to help ensure that you are out at little money as possible.

If you end up in front of a judge, then most judges will consider any extenuating circumstances surrounding the dog bite. One, minor dog bite is not likely to lead to a judgement to have the dog put down. Again, a personal injury attorney can help and guide you through some steps to show the judge you are addressing any aggressive behaviours in your dog.

The injured person is probably going to have a lawyer pressing to get as much money out of the insurance policy (and your assets) as possible. You should have a personal injury attorney on your side to ensure you and your pet are equally protected.

Injuries After the Accident

Immediately following a car accident, you may not have felt some of the serious soft tissue damage done in the course of the incident. Not all injuries present immediately. In fact, some injuries will take days or weeks to emerge. Some less-than-reputable insurance companies may try to use this injury delay to convince you that you can’t make a personal injury claim.

Regardless of whether you were at fault or not, insurance policies exist to cover any injuries caused by an accident. While insurance companies are not allowed to lie about covered claims, they can say, “You didn’t report that injury at the time of the accident” and “You could have avoided further damages by taking an ambulance to the hospital.” Although these sentences are true, the real intent of making these statements is to dissuade you from pursuing the personal injury claim.

If you have seen a doctor, some insurance companies will imply that they won’t pay out on a claim unless you see one of their approved doctors. On the other hand, if you report a delayed injury to the insurance company first, they can imply that you should have already seen your own doctor and not wasted time calling them first. In other words, some insurance companies will try to deflect and confuse the medical issues in an effort to reduce the likelihood of a successful claim.

If you suspect the car accident caused any recent aches and pains — even if it’s months after the incident — call a personal injury attorney. Don’t bother calling the insurance company. Insurance companies are experts on minimizing pay-outs for medical claims. While we might hope all companies put your health as a priority, most will simply be unhelpful in the hopes that you won’t bother pursuing the problem through a claim.

Personal Injury Log

If you’ve been injured in a car accident or through a slip-and-fall, it’s critical that you start a detailed diary about your injury. Personal injury claims can take years to work through the legal system. By the time your lawyer is in final negotiations, you won’t be able to remember how much pain you were in at various points after the accident.

Start with a log of your physical pain. Rate your pain on a scale of one to ten. Write down the time and date you experienced physical pain. This will help your lawyer prove the extent of your on-going pain and suffering. These numbers will be translated into dollars for the court case or settlement.

Write down your lost wages. You will need to establish a base period of pay to show the lost wages. First, put a copy of your most recent tax records in a folder. Then, add as many current-year pay stubs (prior to the accident) as you can. Lawyers and judges want to see hard evidence.

Keep track of any out-of-pocket expenses. Medical co-pays, over-the-counter medications, and miles you drive for medical appointments should all be paid back to you as part of your case. The more details you can provide, the more money your lawyer can fight to get on your behalf. If the amounts seem small now, keep in mind your lawyer will fight for a settlement that includes current and future costs. If you multiply your out-of-pocket expenses by ten years, you will see a large amount of money due to you.

Find one spot where you can keep these records — and nothing else. An empty drawer or unused backpack is a good choice for storing papers. If you are like most people in pain, you won’t have the energy to organize these documents in a perfect way every day. Keep the receipts and the log books in one spot and organize everything when you have the energy.

You and your lawyer will appreciate it when you deposit the settlement check.

It’s a Dog-Bite-Dog World Out There

If your dog has been attacked or bitten by another dog, you have some options when it comes to getting recovery for veterinary bills. Even if the owner of the other dog is apologetic and cooperative at first, you should contact a lawyer to help you through the process.

If you have already been to a veterinarian about your dog’s injuries, you know the costs are going to be very high. Without pet insurance, the bills will easily be thousands of dollars. Your lawyer will help you go about getting the other dog owner to pay for these bills. In fact, your lawyer might be able to direct the other dog owners towards various insurance policies (that they already carry) that will cover the costs.

Your lawyer will also help you protect your pup and establish that the other dog was at fault. Your lawyer will help you find a dog disposition expert to evaluate your dog and establish how unlikely it was that your dog started the fight.

The other owners may become frightened and defensive. With severe injuries and a pattern of violent behavior, a judge could order the other dog to be destroyed. Once they fear for the life of their dog, you are not likely to get their help paying off the veterinary bills regardless of which dog started the fight.

If you’ve been to a dog beach or dog park, you know there is always an alpha dog running around bullying the other, more relaxed pups. By pressing the owners of an alpha dog to take responsibility for the actions of their dog, you are protecting other dogs; dogs that would have been attacked in the future if not for you.

PERSONAL INJURY 101: Cell Phone Distraction Causes One In Four US Car Crashes

Recent reports state the number of car crashes caused by cell phone use and texting while driving at 1.6 million – one million more than previously thought. Have you seen these drivers? With one hand their holding their cell phone trying to balance it to their ear. The other hand is clutching a cup of coffee. The question begs, which hand is driving?

It’s easy to tell when you’re driving behind someone on a cell phone. They’re not paying attention to the road! They speed up, change lanes unexpectedly, stop in the middle of the road – it’s frightening to drive near them. You see them weaving in their lane and driving slowly very similar to the impact of someone under the influence of alcohol.

A report in the New England Journal of Medicine compared the effects of using a cell phone while driving to the impact of driving legally drunk. While the study’s methodology has been criticized, eyewitness reports confirm the problem.

Researchers have long found that using a cell phone while driving dramatically impairs the ability to drive. It is not just the visual impairment, such as when a driver takes his eyes off the road when dialing a number or writing text. It’s the cognitive disconnect involved. The brain is focused on a virtual conversation, so it does not compute images that come into the driver’s view.

The National Safety Council released estimates that at least 28% of all traffic accidents involve drivers using cell phones and texting. They estimate that each year 1.4 million crashes involve drivers using cell phones. Tens of thousands additional accidents involve drivers who are texting.

It’s apparent that using a cell phone when driving is a very risky distraction and it’s obvious that texting is even higher risk. We now know that cell phone use is a factor in many more crashes than texting. The main reason is that millions more drivers use cell phones than text. That is why we need to address both texting and cell phone use on our roads. Our advice? Stay safe on the road, and leave your cell phone alone when driving. We urge all drivers to stay alert and drive defensively.