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Accident Risks when Pulling out of the Parking Areas

June 10, 2009 by arkady39

San_Francisco_Street_on_Nob_HillThe City of San Francisco is notorious for having many areas where the cars park perpendicular to the sidewalk and facing the sidewalk. This is especially common in the Marina, Pacific Heights and the Nob Hill districts. This means that when the driver pulls out of such a parking area, he has to back up into usually a one-lane road, struggling to see through the cars parked next to him whether the road is free and clear from traffic. The accidents where the upcoming car runs into the vehicle that is pulling out from the perpendicular parking are quite common in San Francisco and often result in significant injuries to the driver of the parked vehicle, which is being impacted in the rear side, being pushed away.

To make things worse for the driver of the parked car, the law in most cases imposes the greatest duty of care on the vehicle that is getting out of the parking area, which means that the driver who is pulling out of the parking area is almost always found at fault, because the upcoming cars have the right of way. The driver who pulls out of the parking area has to do everything in his power to make sure that he merges into the traffic safely and doesn’t create any danger to the upcoming traffic.

Thus, if you are completely unable to see the upcoming traffic through the cars that are parked next to yours, you are well advised to actually get out of the car and glance at the street and make sure that the road is clear or even ask the upcoming driver to stop for a moment and let you pull out from the parking area safely.

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Parents’ Liability for Intentional Injuries caused by a Minor

May 11, 2009 by arkady39

Violent minor children and liability of parents of injuries

As a parent of a minor child who is in your physical and legal custody, you are well advised to supervise your children and make everything in your power to prevent them from getting in violent fights and intentionally causeing injuries to others, as California law imposes serious liability on parents of minor children in such situations.

In addition to any liability for negligent supervision of children who cause injury or damage to property, a parent or a guardian is liable under California Civil Code section 1714.1 for intentional miconduct of a child (such as criminal acts, destruction of property, etc.) Any act of a minor which results in injury or death to another person or damage to property will be imputed to the parent for all purposes of civil damages. The parent or guarding having custody (physical custody and not just legal custody required). The liability of a parent for each such act by a minor was originally limited to $25,000.00 when this law was enacted, but is being adjusted by judicial council every two years and is currently at about $35,000.00.

If the insurance coverage applies to the injury or damage caused by a minor, the insurer will not be liable for more than $10,000.00 of the total sum.

Liability is also imposed by statute on parents for the intentional misconduct of children in other situations. These include:

  • intentional act resulting in injury or death to any student or any person employed by performing volunteer services for a school district or private school. Cal. Education Code setion 48904(a);
  • intentional or negligent act by a minor in driving a parent’s vehicle with parent’s express or implied permission. Cal. Vehicle Code section 17150 and 17707;
  • Injury caused by a discharge of a weapon by a minor under 18 years if the parent either permitted the minor to have a firearm or left the firearm in a place accessible to the minor, although such liability is limited to $30,000 for injury to or death of one person per one injured person or $60,000 for injury to or death of all persons involved in a single event. Cal. Civil Code section 1714.3.

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Safer Driving During Rain to Avoid Accident Injuries

May 2, 2009 by arkady39

Safe driving in rain We all hear about the importance of safe and defensive driving during the wet road conditions.  All drivers are aware of the fact that it takes longer to bring a vehicle to a full stop in rainy conditions than when the road is dry, as water significantly decreases the friction between the tires and the road and the overall traction of the a vehicle.  However, I believe that people only fully appreciate how difficult it is to break on the wet road and how much time and distance they need to stop their car abruptly only after they have to deal with this situation at least once.

Thus, in my opinion, every driver would greatly benefit by conducting an experiment on the road where they will have to face with the potentially dangerous conditions, so that they see how their vehicle responds to the need for a sudden stop on the wet road.  Here is how you can make this experiment work for you.  During one rainy day, drive your car out late at night to a safe area with no traffic.  Position your vehicle straight on the road and mentally choose a point about 150 – 200 feet away from where you start driving. As you approach the chosing point, imagine that there is another car stopped in that spot and try to break as hard as you can to avoid colliding into that vehicle about 2-3 second before you arrive to the chosen point. This will simulate a common situation where the driver takes his eyes off the road for a few moments while the vehicle in front of him stops in traffic or at a stop light. You will be amazed to find out that your vehicle will likely skid far past the chosen point and that there is absolutely nothing you can do prevent your vehicle from skidding or almost sliding forward.

This experiment will provide you with an invaluable appreciation of the dangerous road conditions during rain and will likely make you drive slower and more carefully, keeping a large distance between you and the vehicle in front of you.

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Accidents and Herniated / Bulging Discs

April 28, 2009 by arkady39

Injury Accidents and Bulging and Herniated Discs

Bulging disc/s is a condition that can be seen in aging individuals as well as younger people. The exact cause of bulging discs seems to be unclear. Some discs labeled as “bulging” could represent a relative small “herniated disc.” The difference between a bulging disc and a herniated disc may be subjective and is based on interpretation of the radiologist looking at the study – MRI or CT scan.  Often, a herniated disc is caused by a flexion type injury, such as car accident, a lifting injury, or a fall. A high-speed rear-end accident, where the driver at fault has failed to even try to apply the breaks, is a typical cause of herniated disc condition.

An injured patient may report a sensation of a “pop” in his or her lower back or neck, followed by onset of pain. The presence of a pop does not necessarily mean a herniated disc – the facet jionts are capable of “popping,” similar to popping the finger joints, and many people have muscular neck pain relieved by “cracking” the neck with a popping noise.

Most injured dianosed with herniated or bulging discs have bakc pain or neck pain prompting the MRI scan that detects the problem.  MRI scan of the back is currently the most commonly performed test to evaluate for herniated discus. MRI scan can distort the degree of herniation or a bulge, but generally provides excellent images of the anatomy of the back and neck.  One issue, however, is that MRI scan findings may not correlated well with the patient’s pain complaints and may not, for instance, always explain why a bulging/herniated disc in the back area causes pain in the person’s leg.

The treatment of bulging and herniated disc condition is typically a combination of anti-inflammatory medications, physical therapy or exercise, and muscle relaxors. Chiropractic treatment is generally accepted as helpful treatment for low back pain. Alternatively, a patient may be advised to undergo a surgical intervention to remove a bulging or herniate disc if the pain and the overall condition requires such a procedure. Disc surgery is often successful at reducing pain. However, studies comparing the effectiveness of surgical v. non-surgical treatment of disc conditions demonstrate mixed results.

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Mild Traumatic Brain Injury after an Accident

April 16, 2009 by arkady39

Traumatic Brain Injury after Accident in San FranciscoMost brain injuries that doctors and lawyers see are classified as “mild.” Mild traumatic brain injury (MTBI) accounts for more than 80 percent of closed head injuries. Moderate and severe brain injuries are among the most disabling conditions resulting from physical trauma, since the operations of the brain underlie all of our behaviors, emotions and experiences, and thus – any issues in the brain function can adversely affect or completely impair just about any of our physical, mental, or cognitive abilities and skills.

The prevalence of mild traumatic brain injuries with the risk of permanent brain injury is one of the most hotly contested conditions in injury litigation. The dispute is usually around whether a person who has significant symptoms of cognitive and/or emotional dysfunction  after the brain injury is suffering from permanent brain damage or is likely to recover.  This fact will naturally have a significant effect on the outcome of any settlement negotiations or trial of an injury claim.

For both medical and legal purposes it is essential to evaluate a patient for the long-term consequences of brain injury by several different and slightly overlapping specialties as soon as possible after the accident or an incident giving rise to the injury.  A good starting point is seeing a neurologist – a medical doctor who can evaluate the general health of the injured nervous system and its functioning. Neurologists can order an interpret brain scans looking for abnormalities in the brain structure (CT Scan, MRI) and metabolic function (PET, SPECT). The neurologist can also evaluate and treat the complications of brain injury, such as post-traumatic seizures and provide medical treatment for headaches and dizziness.

A neuropsychologist can evaluate changes in a person’s cognitive or mental abilities  and in behavior caused by the brain injury.  This specialist can administer objective tests of memory, attention, problem-solving, sensory perception, planning, organization, and a long list of other types of cognitive ability.  In some cases, the complex behavioral difficulties that can arise from brain trauma are treatable  by psychiatrists, specializing in organic brain impairments – the doctors known as neuropsychiatrists.

Like with most other serious injuries, getting evaluation and treatment promptly can significantly affect the recovery of the person diagnosed with a traumatic brain injury.

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Falling Asleep while Driving and Injury Accidents

April 11, 2009 by arkady39

Today, I met a happily married couple for over 25 years who was a painful reminder of the dangers of both falling asleep while driving and also sleeping while being a passenger.  The wife was pushing the husband’s wheelchair as they arrived to see me regarding an employment law related matter.  When I asked how the man ended up being disabled and in a wheelchair, they told me that they were involved in an auto accident over ten years ago when they both took a long-distance trip in their car.

I was surprised to see that while the husband sustained such a serious, crippling injury, the woman seemed like she did not sustain a serious injury.  As I found out, the woman was behind the wheel, driving on a highway, while her husband was sleeping as a passenger next to her in the car. As the woman started falling asleep, she veered off the road and collided into a pole.  Since she was not fully asleep, her body was somewhat “ready” for the impact. Her husband, on the other hand, was in deep sleep.  Thus, at the time of the impact, his body was not able to provide any amortization for the impact and was freely and violently thrown forward, even though the vehicle was not traveling at a high rate of speed, when hitting the tree. As a result he suffered permanent spine injury,  and both of his knees were broken, rendering him unable to walk for the rest of his life.

Ironically, the very reason people switch who sits in the driver seat when going on a long distance trip is in order for the driver to not get too tired and not fall asleep, allowing the person who is not driving to take rest breaks and sleep while being a passenger in the car. As the above example illustrates, this is a very dangerous situation, as even a minor accident or collision will likely hurt a body of a sleeping person much more seriously than that of a  driver who is awake or who is not fully asleep.

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Bulging Disc Injury in the Back after the Accident

April 8, 2009 by arkady39

Bulging disc injury in the backOne of the common injuries in serious auto accidents, especially high-speed rear-end accidents is bulging disks in a spine. A bulging disk is a condition related to the spine, usually the lumbar, or lower back, that occurs when a disk bulges through a crevice in the spine. Disks are the soft, gelatinous material that cushions the vertebrae of the spine. A bulging disk injury occurs when the disk shifts out of its normal radius and most often occurs simply as a result of age. A bulging disk is different from a herniated disk in that a bulging disk typically occurs gradually over time rather than suddenly.

In many cases, a bulging disk may be diagnosed as a condition secondary to another problem. Because a bulging disk does not always cause pain, it may only be found during a routine or diagnostic imaging test such as magnetic resonance imaging (MRI).  the medical treatment for a bulging disk is relatively conservative in most cases. Rest and lifting restrictions are common, and a doctor may recommend a combination of heat and ice therapy and anti-inflammatory medications or cortisone injections to aleviate the symptoms.

Back surgery, though not as common, can relieve severe pain caused by compression on the nerves from a bulging disk that becomes herniated.

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Witnesses and settling an injury accident claim

April 7, 2009 by arkady39

Injury accident in San Francisco, witness and settlement. The importance of witnesses and their statements at the scene of the injury accident heavily depends on the strength of the otherwise available evidence of liability of one of the drivers. If the evidence is compelling (such as when one vehicle is rear-ended by the other) and it is supported by a police report, in which the officer finds the rear-ending party at fault, then the statement of a witness doesn’t play a significant rule as liability will likely be established.

However, when in a contested liability situation, a statement of a witness can be crucial to proving a case. Recently, I have been contacted by a driver who was “t-boned” at a busy intersection in San Francisco, when another driver ran the red light. The other driver adamantly argued that my client was the one running the red light and the insurance company for that driver would not accept liability and would not engage in settlement discussions. However, one statement and one written declaration from a witness, who testified that the other driver ran the red light, tipped the scales of of liability in my clients favor, which was enough for insurance company to accept liability and make a settlement offer.

If you have been involved in an injury accident and have a contact information of one or more witnesses, call them as soon as possible and ask them to write down exactly what they say, as memory tends to fail when it comes to little details tham make a big difference, such as location, time of the date, the color of the vehicles involved in the accident and other facts of the incident.

Ideally, your witnesses should be unbiased and disinterested. These should not be your friends or relatives, and the value of the wintess who was a passenger in your car at the time of the accident is not very high.

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How overtreating may hurt your injury claim…

March 27, 2009 by arkady39

San Francisco Personal Injury LawyerOne of the most critical elements in any legal claim, whether civil or criminal, is the credibility of the testifying witness or claimant.  Injury claims are not an exception. An honest, reasonable victim will likely recover more and sooner for his injuries. This is exactly why it is so important to make sure that you do not receive more treatment than you should.

Many doctors are tempted to provide more treatment than necessary to the injured patients, especially if these doctors work on the lien basis, so that they can receive a larger chunk of the settlement at the end. The problem is that once the claims adjuster receives an unreasonably high bill from a doctor or a chiropractor, he will necessarily suspect fraud or as they call it in the insurance industry “orchestrating” more treatment than reasonable and necessary, and he will submit the records received to their own medical expert for evaluation. This will result in significant delay of the settlement process of an injury claim and will likely cast doubt on your entire claim – something that an injured person should avoid when dealing with insurance companies.

Being reasonable and honest about your injuries and your pain, without exaggerating or understating your symptoms is the best strategy to recover a fair compensation for the incident which you were involved in.

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Hiring the Right Injury Lawyer

March 13, 2009 by arkady39

There are thousands of lawyers in California who seem to have a similar education, licensing and specialization in personal injury law and yet the quality of representation that different injured persons receive is so different.

So, how do you choose the right attorney for your injury case? Here are six important factors that you should consider when hiring an attorney to represent you in your claims:  

1. Your attorney is not overconfident in the outcome of your case. No matter how experienced and seasoned the lawyer is, he cannot and should never be sure of the outcome of your case. Every competent attorney knows that he should never predict the exact outcome of the case, because for obvious reasons legal claims have many elements to them that are inherently unpredictable and affect recovery of damages. There are so many facts and circumstances that might come into play,as the case develops, and the nature of our legal system is such that there is simply no way to know for sure whether you will win or lose and if you win – how much money exactly you will recover from the other side.

A responsible legal professional will assure you that he will do the best he can to represent you as aggressively as possible but he will not make any promises as to how much you will recover and how long exactly the process will take.

2. A good attorney should not act like a pushy salesman. Your attorney shouldn’t shove papers underneath your hand for your signature telling you that “it’s ok and you have nothing to worry about.” Instead, he should explain to you in plain and understandable terms what you are signing, why it is necessary to execute the document, and what the consequences are. The attorney should be educating you about the next steps in your relationship and how the process works.  For instance, a good attorney will go over your services contract paragraph by paragraph, making sure that you understand what the scope and the limitations of his representation is.

A good attorney will also advise you that you are free to terminate your agreement at any time and seek alternate counsel and hire a different attorney of your choice at any time.

A good attorney is patient with his clients and makes sure that you have a general understanding of the process, and he doesn’t make you feel unwelcome or like you are wasting his time.

3. A good lawyer is capable of keeping in touch with you in a way that makes you feel that your case gets the attention it requires. An attorney has an ethical duty to communicate with his client effectively and respond to the client’s communication with reasonable promptness.  One of the most common complaints reported to the California State Bar by clients is that attorney fail to communicate and return phone calls / e-mails and letters from their clients. Being ignored is a frustrating experience in any setting – professionally, socially and especially when it comes to dealing with a lawyer. Litigation process is stressful enough and raises many questions or concerns in a client as the case develops that need to be addressed promptly. A good attorney is not “too busy” to return your calls and he keeps you informed of the developments of your case.

4. A good attorney will advise you not only how to prosecute your case but whether or not it is worth your time, money, energy and emotions to actually go after it. Not every fight is worth fighting, and sometimes it is a better idea to walk away for your own benefit even if the other side gets away and isn’t held liable. An honest attorney will not make you fight a case just to charge you an hourly fee. He truly works in the best interests of his clients by not only pursuing their legal rights but also advising them whether or not it’s prudent to pursue a case altogether. He understand that pursuing a claim is a business decision first and foremost for all parties involved.

5. A good lawyer is not too busy to handle your case. A competent lawyer will not take on more work than he can handle in a quality manner. A good attorney will not sacrifice the quality of his services for the sheer volume of the business because he realizes that his reputation and concern for his existing clients’ cases is his priority.

6. Lastly, your attorney doesn’t come across as a “typical” lawyer. A great attorney defies the stereotypes that are commonly associated with the legal profession – arrogance, greed and flamboyance, and substance abuse. He is friendly, personable and charismatic and you actually enjoy working with him/her. Attorney-client relationship is one kind of intimate relationship between people where many confidential facts and concerns are often disclosed. Effecitve attorney-client communication requires that the attorney be open and honest with his client and will encourage the client to be the same.

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