Alameda Personal Injury Law Blog

Things to keep in mind if injured on government property

Property owners have certain duties to visitors and guests to keep their premises reasonably safe and free from hazards, so as to minimize the risk of an accident. When they breach this duty, and a visitor is injured as a result, the owner may be held liable for the injured party's damages through a personal injury lawsuit based on the legal theory of premises liability.

In California, these claims come up often in cases involving people who were badly injured when they fell in a restaurant, a store or some other privately-owned facility that is open to the public. However, they can also come up in cases involving a person who was injured in an accident on property that is owned by the local, state or federal government.

What events could indicate a wrongful death suit is possible?

It's many people's worst nightmare. Receiving a phone call or a visit that bears news of the sudden loss of a loved one. Shock is normally the first and prominent reaction, followed usually by any emotional reaction in the book. Most can't believe that this is really happening. Once realization sets in, many have questions about how and why this happened.

A loved one can pass away suddenly without any negligence or fault to be found for anyone. However, often in accidents there are situations that would indicate negligence was present or suspected due to the circumstances surrounding the fatal accident and wrongful death. Car accidents, medical procedures, work accidents and many others can have indicators that may indicate a person or third party's involvement with their death and their failure to uphold a level of care or responsibility for that person.

Was a slip and fall head injury caused by dangerous conditions?

When we enter a store, business or other location, we may not understand that we are owed a duty of care. Most locations heed this without much consideration. However, sometimes owners of premises can fail to execute a safe environment or the property can be downright unsafe or dangerous. The ultimate result can be personal injury for the unsuspecting person to enter the premises.

These injuries can manifest in many ways, but the point is that the person could seek damages under premises liability law. This is a form of a personal injury suit that seeks to achieve damages for losses incurred due to another's negligence. This usually means the owner of the premises, or a related third party, like a contractor.

Neck fracture treatment can be complex, lengthy

A motor vehicle accident will turn your life upside down, as you're forced to deal with challenges associated with your health, finances and future.

A neck fracture, for example, is one of the most serious injuries you can experience. Not only can it permanently alter your health, but it can also affect your ability to enjoy your life and earn a living.

What are common causes of traumatic brain injuries?

Like other medical injuries that California residents may suffer, traumatic brain injuries can be mild or may be life-threatening. No matter the degree of severity, brain injuries occur when the normal activities of the brain are disrupted by bumps, jolts or penetrations on or into the brain. Depending on how and the severity of the injury, the injured party may require medical attention and long-term support.

Traumatic brain injuries or TBI can be acquired in many different ways. One of the most common causes of TBI is car accidents. When a car is involved in an accident, its driver or passenger may be violently thrown forward, backward or in other directions. When this happens, the victim may collide with interior and exterior surfaces of their vehicle and hit their head. These impacts can result in serious trauma to victims' heads and brains.

Elevators don’t always perform as designed

You don't think twice when you set foot on an elevator. You get on, hit the button for the floor you want to visit and relax.

But before you get too comfortable, don't forget that elevators can sometimes act up. Any type of malfunction can result in serious injury or even death.

Drunk drivers are a danger to everyone else on the roads

Drunk driving is a serious problem in every state across the United States. Every day, innocent individuals lose their lives and suffer life-changing injuries when vehicles operated by intoxicated drivers hit the cars they are driving and riding in. Too many California families have been affected by the actions of drunk drivers and have suffered the pain of losing loved ones in drunk driving collisions.

Drunk driving does not only happen when a driver is heavily inebriated. Even a small amount of alcohol can impact a driver's ability to safely operate their vehicle. According to National Highway Transportation Safety Board, as little as one drink can change the way that a driver perceives their driving ability. They may not be able to see as well, may suffer from lapses in judgment and may feel more relaxed; therefore, they are more likely to make overly confident driving decisions than conditions may warrant.

Who is subject to alcohol and drug testing by FMCSA?

Much like automobile drivers must abide by certain regulations, the same applies to truck drivers. The Federal Motor Carrier Safety Administration or FMCSA is a federal government entity tasked with regulating who carries goods throughout the nation in trucks and how those trucks are maintained. Drivers who operate large trucks must obtain special commercial drivers' licenses and having a CDL may mean that a person is subject to drug and alcohol testing by FMCSA. This post will further explore what individuals and entities may have to comply with these important safety procedures.

Drivers who operate trucks in California and who drive their trucks out of California may be required to submit to periodic drug and alcohol testing. It does not matter if the driver works for a private company, a government entity or a religious organization, as all such drivers must follow FMCSA rules. Holding a CDL is enough to trigger drug and alcohol testing even if a person does not use their license to transport goods.

Factors that can influence premises liability claims

Injuries that occur on the properties of others may be compensable under personal injury theories of law. Particularly, premises liability law relates to the responsibility of property owners and non-owner residents to keep land, buildings and other real property sites free of dangers and other hazards. When a California resident is hurt while visiting someone else's home, they may have the right to sue for the recovery of their damages.

However, many factors can influence the outcomes of premises liability cases. One of the most relevant factors to such claims is the status of the victim with regard to the property where they were hurt. If a person should have had an expectation of safety when they entered the property, they are more likely to have the right to sue. If, though, they trespassed or entered the property against the wishes of the landowner, their claim may not be valid.

5 highway driving tips to keep you safe

Driving on the highway can be nerve-racking, as you're in close proximity to a large number of fast-moving vehicles. Add in the fact that the roadways aren't always in the best condition, and it's natural to have concerns about being injured in an accident.

There are many highway driving tips you can follow to maintain your safety, with these five among the most important:

  • Maintain a safe speed: Know the speed limit and follow it at all times. The faster you drive, the more likely you are to be part of an accident.
  • Leave a greater following distance: Don't drive too closely to the vehicle in front of yours, as you want to have enough time to stop in an emergency. For example, if the driver in front of you slams on their brakes, a greater distance gives you time to stop before causing a rear-end collision.
  • Stay in the right lane: With so many lanes to choose from, it's easy to set up shop in the passing lane and stay there for an extended period of time. This is a dangerous approach to highway driving, as the right lane is where you want to spend most of your time.
  • Share the road with all other vehicles: For instance, if you're driving in close proximity to a commercial truck, stay out of the driver's blind spot and do your part in leaving them enough space to operate safely.
  • Remain alert: When cruising on the highway, it's easy to become distracted. You check your cellphone for text messages, you pick up a bite to eat or you scan the radio for your favorite song. Failing to remain alert puts you in harm's way.
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