California Injury Attorney Blog

Life can take some unexpected turns. A catastrophic injury can be a life changing event. Catastrophic injuries can occur almost anywhere; at home, at work or on the road. Besides the expenses that can be incurred, ones quality of life can be dramatically reduced. Catastrophic injuries can cause paralysis, impaired speech, loss of limbs and brain damage. If a catastrophic injury was caused by the fault or negligence of another, with a catastrophic injury attorney, you can sue those responsible for your catastrophic injury.

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Most people are involved in such accidents at some point in their life. According to the National Safety Commission, there are on an average 6.5 million car accidents every year. In addition to being the primary cause of death, 25% of all car accidents also result in serious injuries and such survivors are often considered lucky indicates California Personal Injury Attorney Steven Peck.

Total loss:

However, even when no loss of life or injury has occurred, there is often significant damage done to the vehicle. If you have been involved in an accident that resulted in the insurance company declaring your vehicle a total loss, you probably have a few questions.

A total loss vehicle is generally declared when the cost to repair the vehicle is greater than 70% of the sale value of that vehicle. If you employ a licensed salvage agent to salvage the vehicle, the cost of that work is added to the cost to repair the vehicle it and may result in total loss being declared. A total loss may also be declared when it is impossible to return the vehicle to its pre-accident condition says California Serious Injury Lawyer Steven Peck.

An insurance adjuster will most likely be involved in the process of declaring your vehicle a total loss. This person is authorized by the insurance company to investigate the actual damages, conduct estimates of the repairs needed, and verify the events leading to the accident. Whenever total loss is declared, regardless of the reason, you should receive the replacement value of the vehicle from the insurance company.

Total Loss Settlement:

In addition to the stress that car accidents cause; such as fear of driving, anxiety, depression, and difficulty sleeping, many people involved in accidents must deal with the stress associated with negotiating payment from insurance companies, which can be a very tedious and difficult process.

Insurance companies are liable to cover costs of repair and replacement and are regulated by the government. If you have insurance, you are eligible to receive up to the maximum insurable amount listed in your insurance policy. Unfortunately, insurance companies will try to save themselves money whenever possible, which is why collecting insurance after an accident has occurred can be so stressful.

Hiring a Peck Law Group lawyer to assist you in dealing with the insurance company is always a good idea. Peck Law Group Lawyers will be able to advise you of your legal options and explain the various legal terms that the insurance company will be throwing your way and shall get you the maximum compensation you are entitled to under the law.

Continue reading "Car Accidents Result In Serious and Catastrophic Personal Injury" »

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.

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There has been a dramatic rise in the number of lawsuits being filed against schools due to lack of supervision. Teachers have been unable to respond to the amount of bullying that is taking place and which continues to increase almost daily.

Many times, the resulting injuries and psychological damage that is being caused can be attributed to inadequate supervision. The fact that a student has been hurt does not necessarily indicate that a teacher or the school can be held liable, as it depends on the particular facts.

The likelihood that a teacher or school can be held liable will be determined by a number of factors. It is important to consult an attorney in order to determine if there is in fact a case that can be brought and if it is worth pursuing.

Not all injuries or psychological damage that is caused as a result of a lack of supervision will result in an award for the plaintiff. After all, there are a number of mitigating factors that can either reduce or completely eliminate any potential judgement.

If the teacher was unable to know that there could be a danger presented to a student then they will often not be held liable for any ensuing damage. However, if the teacher did know, or could have known that the student would be injured then there might be a case.

The difference between an incident that could result in an award and one that cannot is often a very fine line so it is important to consult an experienced attorney before passing up on an opportunity to collect a rightfully deserved judgment. Not all attorneys have the know how so make sure to do the necessary research and determine if you can bring a suit or not.

While a monetary award will not undo the damage that was done, it can go a long way and it should not be overlooked when deciding what the next step should be. By bringing a suit you are reducing the possibility that such an incident will take place and effect another innocent victim.

So if you or your child have been involved in an accident and believe that there might be a case, consult an attorney. Allow him to guide you down the right path.

In life it is often easiest in the short run to simply throw your hands up and think that nothing can be done. Before doing this, speak to an attorney who can give you the advice you need.

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