California Injury Attorney Blog

Trucking company negligence is a threat to truck drivers as well as anyone else on the road. If a trucking company fails in even one regard to follow through with their obligations to employees and the general public, they may be facing legal action.

Types of Trucking Negligence

A trucking company can fail to follow protocol in many ways, including:

* Hours of service violations- working drivers too hard, compromising their ability to drive safely.
* Negligent hiring- employing people with criminal records or those who do not meet the standards of a trucking company.
* Failure to train- large trucks and 18 wheelers require special training to operate because of their extreme size and weight difference from other cars. If drivers are not trained, they can cause serious accidents.
* Failure to maintain vehicles- failure to perform regular inspections and required maintenance on vehicles.

Continue reading "Trucking Company Negligence is a Threat To Personal Safety Indicates California Personal Injury Attorney Steven Peck" »

Doctor-patient confidentiality is based upon the general principle that a person seeking medical help or advice should not be hindered or inhibited by fear that his or her medical concerns or conditions will be disclosed to others. There is generally an expectation that the physician will hold that special knowledge in confidence and use it exclusively for the benefit of the patient.
The professional duty of confidentiality covers not only what a patient may reveal to the doctor, but also what a doctor may independently conclude or form an opinion about, based on his or her examination or assessment of the patient. Confidentiality covers all medical records (including x-rays, lab-reports, etc.) as well as communications between patient and doctor, and generally includes communications between the patient and other professional staff working with the doctor says Los Angeles Serious Injury Attorney Steven C. Peck.

The duty of confidentiality continues even after a patient has stopped seeing or being treated by the doctor. Once a doctor is under a duty of confidentiality, he or she cannot divulge any medical information about patients to third persons without patients' consent. There are limited exceptions to this, including disclosures to state health officials. However, unauthorized disclosure to unauthorized parties may create a cause of action against the doctor.

Continue reading "Breaches of Doctor-Patient Confidentiality " »

CALIFORNIA. SB 231, signed by the Governor in 2005, provides that malpractice judgments or settlements over $30,000 must be reported to appropriate licensing board if medical professional does not have liability insurance. Also, must report to Medical Board of indictment, felony conviction, or plea of guilty or no contest of felony or misdemeanor related to medical profession. There will now be an independent commission to study physicians' peer review process. Patients may now access Internet information about physicians relating to status of medical license, current accusations, judgments or arbitration awards, disciplinary action resulting in revocation of privileges, subject to discipline in different state, some specified information may be removed from internet after 10 years. Finally, each complaint filed with Medical Board will be jointly referred to Attorney General and Health Quality Enforcement Section.

Continue reading "Patient's Rights In California Regarding Personal Injury and Medical Malpractice" »

Q: I've read that commercial truck accidents can result in serious injuries. What is a "commercial truck"?
A: A commercial truck is a vehicle used in the course of business and/or for the transport of commercial goods. Examples are eighteen-wheeler tractor trailers, tanker trucks, delivery vehicles, and other large freight trucks.

Q: Why is a traffic accident involving a commercial truck more likely to cause injury than one involving passenger cars?
A: A typical fully-loaded large commercial truck can weigh 80,000 pounds or more, while an average passenger automobile weighs approximately 3,000 pounds. Due to this size disparity, and the basic laws of physics, any collision between a commercial truck and another vehicle is likely to result in serious, even fatal, injuries.

Q: What are the most common factors in collisions between commercial trucks and automobiles?
A: Generally speaking, these accidents are caused by a combination of a truck's characteristics and performance capabilities(including limits associated with acceleration, braking, and visibility) and car drivers' ignorance as to those characteristics.

Q: I was injured in a crash where a truck driver was at fault. Can I receive money for time I missed at work?
A: Yes. Your recovery in a personal injury action can include payment for income lost through missed work, and compensation for any loss of earning capacity resulting from the accident.

Q: My daughter's car collided with a truck that was carrying a hazardous liquid, and she suffered respiratory problems. Can we sue the shipper of the chemicals as well as the truck driver?
A: In limited circumstances, the shipper of such hazardous materials can be held legally responsible if injuries resulted from the type of cargo on the truck, especially if the shipper failed to advise the driver or the trucking company of the hazardous nature of material contained in the freight.

Q: I've heard that it's dangerous to drive in a truck's "No-Zone." What does that mean?
A: The "No-Zone" refers to the areas behind and beside a commercial truck, where the truck driver has limited or zero visibility: the left rear quarter, the right rear quarter, and directly behind the truck at a short distance.

Q: Can I sue the truck driver's trucking company for my injuries?
A: It depends on whether an employment relationship is established between the truck driver and the trucking company. If such a relationship is shown, the company can be held legally liable for the driver's negligence under a legal theory known as "respondeat superior." Establishing the liability of a company can become problematic when a truck driver is an independent contractor of the company. In such a situation, the key issue becomes the amount of supervising exercised by the company.

Q: I was involved in a traffic accident where a big-rig "jackknifed." Can I automatically recover against the truck driver?
A: Not necessarily. The fact that a truck jackknifes is not in itself proof of operator negligence, because many accident situations present difficulties in which there is no practical way to avoid jackknifing without risking some other catastrophe. For example, operation of a truck that has jackknifed may be held to be non-negligent where the jackknifing was due to unforeseeable slipperiness of the road, or to an abrupt turn undertaken to avoid a motorist or stalled truck.

Q: If I may have been partially at fault for the accident, can I still win the lawsuit?
A: It depends on the degree of your fault. Under the legal doctrine known as "comparative negligence," the amount of another party's liability for the accident is determined by comparing his or her carelessness with your own. That party's portion of liability determines the percentage of the resulting damages he or she must pay. In most states, you can't recover anything if your own carelessness was 50% or more responsible for the accident.

Q: Should I meet with an attorney if I feel that I may have a valid legal claim for injuries I suffered in a traffic accident with a commercial truck?
A: Yes. You should consult an experienced attorney to ensure that your claim is properly assessed and your legal rights to compensation are protected.

Continue reading "Commercial Truck Accidents - FAQ" »

Commercial vehicles such as eighteen-wheelers and other large freight carriers are a unique presence on roads that are occupied mostly by small passenger vehicles, and commercial vehicles present dangers that are also unique. Not only do commercial truck drivers need to be aware of the special circumstances presented by the large vehicles they are driving, but other drivers on the road also need to use caution in their presence. Especially on major highways and at higher speeds, seemingly insignificant driving errors that may occur without consequence where small vehicles are concerned can result in catastrophe when an eighteen-wheeler is involved.

Following is a discussion of some common situations that can cause or contribute to commercial truck accidents.

Unsafe Acts By Passenger Vehicle Drivers

Oftentimes a traffic accident between a passenger vehicle (i.e. a car) and a commercial truck is caused in part by an unsafe act on the part of the car driver. The factor most common in collisions involving passenger vehicles and large trucks is car drivers' ignorance of a truck's performance capabilities, including limits associated with acceleration, braking, and visibility.

Some common unsafe acts committed by car drivers in the vicinity of large trucks include:

* Driving in the "No-Zones" - the areas behind and beside a commercial truck where the truck driver has limited or zero visibility
* Changing lanes abruptly in front of a truck
* Maneuvering to the right of a truck that is making a right turn.
* Misjudging an approaching truck's speed at an intersection, and making a left turn in front of the truck.
* Merging improperly into traffic, causing a truck to maneuver or brake quickly.
* Failure to slow down or speed up when a truck begins to change lanes or merge.
* Unsafe passing, particularly passing with insufficient headway.
* Passing a truck, then being blown out of position by air turbulence or cross-wind.
* Pulling into traffic from the roadside in front of a truck without accelerating sufficiently.
* Driving between large trucks.
* Abandoning a vehicle in a travel lane, or failing to get a disabled vehicle completely off the highway and onto the shoulder.

Dangers Presented By Commercial Truck Drivers

Commercial truck drivers are skilled and patient drivers, for the most part. However, in addition to the dangers inherent in the size and weight of the trucks used in commercial transportation and shipping, a number of characteristics inherent in the business can contribute to traffic accidents. These include:

* Inadequate training as to driving technique, safety concerns, and defensive driving.
* Systems of compensation that encourage faster vehicle speeds and more hours of consecutive vehicle operation than would normally be advisable.
* Unrealistic schedules and expectations of trucking companies that encourage drivers to hurry, despite safety risks involved.

Continue reading "Common Causes of Commercial Truck Accidents by Los Angeles Serious Injury Attorney Steven C. Peck" »

The operation of large commercial trucks on highways and roads presents certain unique dangers that are not a consideration where ordinary passenger vehicles are concerned:

* Jackknifing - Large big-rig vehicles such as eighteen-wheelers are prone to jackknifing under certain conditions, especially during sudden braking and turning. The fact that a truck jackknifes is not in itself proof of operator negligence, because many accident situations present difficulties in which there is no practical way to avoid jackknifing without risking some other form of catastrophe. For example, operation of a truck that has jackknifed may be held to be non-negligent where the jackknifing was due to unforeseeable slipperiness of the road, or to an abrupt turn undertaken to avoid a motorist or stalled truck.

* Turning Accidents - Commercial vehicles are very long, and can be difficult to turn. It is often necessary for the driver of a commercial vehicle to use two lanes of traffic to make a right turn, in order to avoid running the rear wheels into parked vehicles or over a sidewalk. While also not a clear cut case of negligence, some courts have held that driving a commercial vehicle in this manner (turning from an inside lane or occupying two lanes) is sufficient to establish the truck driver's fault.

Continue reading "Special Considerations In Truck Accident Cases" »

A traffic accident involving a commercial truck, such as an eighteen-wheeler or other large freight carrier, can be much more catastrophic than an ordinary car accident. A typical fully-loaded large commercial truck can weigh 80,000 pounds or more, while an average passenger automobile weighs approximately 3,000 pounds. Because of this size disparity, and due to the basic laws of physics, any collision between a commercial truck and another vehicle is likely to result in serious, even fatal, injuries. While statistics show that truck drivers are generally much more careful on the road than automobile drivers, and thankfully the incidence of fatal crashes involving trucks and other large vehicles has declined in recent years, large truck crashes still accounted for 5,350 fatalities and 133,000 injuries in 2009 says Los Angeles Serious Injury Attorney Steven C. Peck.

The unique danger posed by commercial truck accidents can be made worse depending on the nature of the freight the truck is carrying. For example, if hazardous or flammable materials are on board, secondary injuries attributable to such dangerous cargo can result, including burns and respiratory injuries.

In the event that you or a loved one is involved in an accident with a commercial truck, you may be entitled to recover compensation for your injuries by bringing a legal claim against the responsible parties. This article will provide an overview of such a claim.

Proving Your Case:

As is true in most personal injury cases involving vehicle accidents, the primary legal theory of liability in commercial truck accident cases is "negligence." In a nutshell, a person or business entity (the defendant) is negligent if they failed in their duty to exercise reasonable care under the circumstances, and the plaintiff's injuries resulted from that failure. So, a person injured in a commercial truck accident must show that:

* Defendant (driver, trucking company, or other party) owed the plaintiff the duty to exercise a reasonable degree of care to avoid injury, under the circumstances. This element is almost always automatically met, by virtue of the fact that all drivers on the road owe a legal duty of reasonable care to fellow drivers, passengers, and pedestrians;
* Defendant failed to exercise such reasonable care, or in legal terms "breached" the duty of reasonable care;
* Defendant's failure to exercise reasonable care was the cause of injury suffered by plaintiff.

Potential Defendants:

In order to ensure a complete legal recovery for injuries suffered in an accident involving a commercial vehicle, it is important that you and your attorney identify as many potential defendants as possible. In many such cases, the truck driver may not be the only person or business entity legally responsible for the accident. Trucking companies, contractors, employers, and insurance companies may be obligated to compensate you for your injuries.

When a commercial truck accident occurs, if an employment relationship is established between the truck driver and a trucking or shipping company, then that company can be held legally liable for the driver's negligence under a legal theory known as "respondeat superior." Under this liability doctrine, among other things your attorney will need to show that the company exercised some degree of control over the driver, and that the accident occurred while the driver was acting in the course of the employment relationship. Establishing the liability of a third-party company can become problematic when a truck driver is an independent contractor of a larger company. In such a situation, the key issue becomes the amount of supervising done by the company. The potential liability of trucking companies, employers, and contractors is a key factor in assessing recovery through insurance coverage, as all these entities will likely carry separate policies that will apply to the accident.

In some rare cases, the manufacturer or shipper of hazardous materials carried by the truck may also be legally responsible for any injuries that were caused or made worse by the type of cargo on board. For example, if a shipper fails to advise a truck driver or trucking company of hazardous material contained in a load of freight, the shipper may be liable for injuries that result if that material catches fire or is released.

Damages:

If you are involved in an accident where a commercial truck driver was at fault, you may be entitled to receive legal compensation for any physical, emotional and financial losses that resulted from the accident. This is a complex area of the law because its is always difficult to place a dollar value on injuries that include death, paralysis, disfigurement, emotional distress, pain and suffering, costs of medical treatment, lost income, and loss of earning capacity.

Continue reading "Traffic Accidents Involving Commercial Trucks: What to Do?" »

DON'T move your vehicle after an automobile accident unless necessary for safety or required by law.

DON'T subject yourself to further injury by standing or waiting in an area of traffic or other safety hazards.

DON'T leave the scene of an accident until the police tell you it is okay to do so.

DON'T throw away any potential evidence in the case, such as defective products, or torn or blood-stained clothing.

DON'T remain in a burning building while calling for help. Leave the area of danger first, and then immediately call from a safe place.

DON'T engage in discussions as to fault with anyone, and make sure you don't apologize for anything-it can be considered evidence that you were legally at fault.

DON'T agree to settlement terms without contacting your attorney.

Continue reading "The DONT'S AFTER AN MOTOR VEHICLE ACCIDENT BY LOS ANGELES SERIOUS INJURY ATTORNEY STEVEN PECK" »

DO seek medical attention before doing anything else.

DO summon the police, in appropriate cases.

DO cooperate with all law enforcement and emergency personnel who respond to the scene.

DO get the license plate numbers of all other vehicles involved in car accidents and the drivers' names, addresses, telephone numbers, and insurance information.

DO get the name and address of the animal's owner and any license information if you were injured by an animal bite or attack.

DO write down the names, addresses, and phone numbers of all potential witnesses to an accident.

DO contact your health, homeowner's, and/or automobile insurance companies, as appropriate.

DO take photographs of all of the following, as applicable, as soon as possible after the accident:

* The scene of the accident, from all angles.
* The surrounding area.
* The product or animal that caused your injuries.
* Your injuries.
* Any property damage.

DO contact your attorney.

Continue reading "The to DO'S AFTER AN MOTOR VEHICLE ACCIDENT BY LOS ANGELES SERIOUS INJURY ATTORNEY STEVEN PECK" »

Keep Track of Your Medical Treatment:

Note any doctors, physical therapists, chiropractors, or other medical professionals that you receive treatment from, and each medical provider that referred you to other caregivers. Having a written diary of this information will help you itemize your medical expenses and treatment for your insurer, your attorney, and the court.

Take Pictures:

Take photographs of any damage to your vehicle as soon as possible after the accident. Having photographic proof will help your insurance adjuster determine how much you should be compensated for the damages to your car, and may also assist your case in court, if needed. If you have pictures of your car from before the accident, these pictures will offer a great "compare and contrast" to show the true extent of the damage sustained in the accident.

Get a Property Damage Valuation:

Obtain a valuation for damages to your car from your insurance company. If you are not satisfied with the manner in which your insurance company has valued your vehicle, do not give up. Get two estimates for the repair of your car on your own, or have two dealers provide a quote for the cost of replacing your vehicle if there was a total loss. Communicate to the adjuster your concerns and position, and be assertive. If you cannot agree on the value of your car, consider alternative dispute resolution, or consult an attorney.

Use Caution in Discussing the Incident:

Do not talk to anyone about the accident other than your attorney, your insurance company, and the police. Do not talk to a representative of another insurance company under any circumstances, without the knowledge of your attorney or your insurance company. If representatives from other insurance companies should call you, be polite, but ask them to call your attorney or insurance company to arrange for an interview. Also, get the representative's name and number, and tell your insurance company or attorney that someone seeking information about your accident contacted you.

Be Wary of Early Settlement Offers:

Be careful if you are offered a settlement from an insurance company. Make sure that any physical injuries you may have suffered have been treated, and that you have a doctor's prognosis. Some injuries may not show up or reach their greatest level of discomfort until many days, weeks, or months after the accident. Don't settle a claim until you know you will be compensated for all of your injuries, and consult an attorney before signing any documents pertaining to settlement says Los Angeles Personal Injury Attorney Steven C. Peck.

Continue reading "California Personal Injury Attorney Steven Peck Tells You What to Do Or Not Do When You Have Had A Accident (Part Two)" »

Would you know what to do if you were driving and hit another vehicle?

A pedestrian? When a car accident happens, injuries may be severe and emotions may be high. However, there are important things that must be taken care of both at the scene of any accident and soon afterward. Following is a list of things that should be done, if at all possible, when any automobile accident occurs.

Stay at the Scene:

The cardinal rule for all car accidents is that you should never leave the scene until it is appropriate to do so. If you leave the scene of an accident, particularly where someone has sustained injuries or was killed, you can face serious criminal penalties for being a "hit-and-run" driver.

Exception: If you are hit by another car in a deserted area, use caution in stopping and getting out of your vehicle. Unfortunately, there have been reported incidents where a person exited their vehicle in a deserted or unsafe area after being bumped by another car only to be robbed or killed. Instead of getting out of the car if you find yourself in that situation, drive to the nearest police station to report the accident. If it turns out that you were being over-cautious and the other driver had no ill intentions, you may be embarrassed, but you will also be safe.

Check on All Drivers and Passengers:
Before assessing property damage, check to make sure that everyone else involved in the accident is okay. Get medical attention for anyone who may need it. If a person is unconscious or complains of neck or back pain, it is best not to move them until qualified medical personnel arrive. In some situations, for example if an injured person is lying in a pool of gas that you fear may ignite at any time, you may have no choice but to move them. If you are in that type of situation, try to move them as steadily and slowly as possible while supporting their neck and back. The less movement, the better.

Call the Police:
Especially if the accident involves significant property damage, physical injury, or death, you may need to call the police. Ask that a police report be filed in situations where law enforcement officers do arrive at the scene, and obtain the name and badge numbers of any responding officers.

Exchange Information:

Talk to the drivers of any other vehicles involved in the accident. Get their names, phone numbers, addresses, drivers' license numbers, license plate numbers, and basic insurance information. If there are passengers in any of the vehicles, obtain their names, telephone numbers, and addresses as well. In talking to drivers of other vehicles, you should try to be cordial and cooperative in determining that everyone is okay and in exchanging basic information.

However, do not apologize for anything at the scene. If you jump out of your car and blurt out, "I'm so sorry I ran that red light! Is everyone okay?" you may back yourself into a corner in terms of legal liability for what happened. Immediately after an accident, the scene is chaotic and it might not be evident who was at fault, or who was more at fault, in causing the accident. Moreover, in many states, fault is not determinative of which insurer will pay for any loss. Therefore, try to keep your conscience in check, at least until things get sorted out, so that you don't admit guilt unintentionally or unnecessarily.

Talk to Witnesses:

Ask every witness what he or she saw. Get their names, telephone numbers or addresses, if possible. Whether the witnesses are residents of the area, businesspeople that work nearby, or passersby who were in the vicinity, try to talk to as many people as you can. Ask them, in particular, if they have ever witnessed other accidents in the same place. If a witness is hesitant to talk to you, don't beg or threaten them. Forcing information from someone will get you nowhere. Write down what they tell you and, if they agree, simply get their name and phone number so that you, your attorney, the insurance company, or the court can contact them again.

Inform Your Insurance Company:

As soon as possible, tell your insurance company that you have been involved in an accident. Cooperate with your insurance company and tell them the truth about what happened and the extent of your injuries. If the insurance company finds out that you have lied to them about anything, you can get into serious trouble, not the least of which may be the denial of any coverage for the accident. Build support for your case when discussing the matter with your insurance company. Be able to explain to them the facts of the case in a clear manner. Obtain and review a copy of any police report, so that you can point out to the insurance company who broke what traffic laws or who was at fault for the accident. Such information will often be provided in the report. Although the insurance company may already know the facts of your case, taking an active interest in making sure your rights are protected will force the insurance company to take you seriously.

Continue reading "California Personal Injury Attorney Steven Peck Tells You What to Do Or Not Do When You Have Had A Accident" »

A traffic collision (motor vehicle collision, motor vehicle accident, car accident, or car crash) occurs when a road vehicle collides with another vehicle, pedestrian, animal, road debris, or other geographical or architectural obstacle. Traffic collisions can result in injury, property damage, and death says Los Angeles Personal Injury Attorney Steven C. peck.

A number of factors contribute to the risk of collision including; vehicle design, speed of operation, road design, and driver impairment. Worldwide motor vehicle collisions lead to significant death and disability as well as significant financial costs to both society and the individual.

Continue reading "Los Angeles Personal Injury Attorney Steven Peck Discusses Traffic Collisions" »

The most common types of personal injury claims are road traffic accidents, accidents at work, tripping accidents, assault claims, accidents in the home, product defect accidents (product liability) and holiday accidents. The term personal injury also incorporates medical and dental accidents (which lead to numerous medical negligence claims every year) and conditions that are often classified as industrial disease cases, including asbestosis and mesothelioma, chest diseases (e.g., emphysema, pneumoconiosis, silicosis, chronic bronchitis, asthma, chronic obstructive pulmonary disease, and chronic obstructive airways disease), vibration white finger, occupational deafness, occupational stress, contact dermititis, and repetitive strain injury cases.

Continue reading "Los Angeles Personal Injury Attorney Discusses Types of Personal Injury Matters" »