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Learning about the claims process after sustaining an injury in Oceanside can be confusing. How do you file a claim, and do you need to hire a lawyer? For most personal injury lawsuits in Southern California, it is extremely beneficial to work with an experienced injury attorney. Yet finding the best attorney for your case will require you to schedule consultations and to speak with lawyers about your situation. When you do, it is important to ask certain questions to make sure you hire the best personal injury attorney for your Oceanside case. The following are some tips to help you find experienced legal counsel.

 
Ask the Lawyer About Experience in Personal Injury Law

 
You should ask any attorney about his or her experience handling personal injury cases. How many years, for example, has the lawyer been practicing? Has the attorney spent his or her entire career in California, working on cases arising under California law? You want to make sure you have an attorney with experience advocating for injured plaintiffs in personal injury cases.

When most of us think of speeding and car accidents, we think about drivers who are traveling at a speed well beyond the posted speed limit and often behaving in other aggressive ways. Yet speeding does not have to mean just driving beyond the posted speed limit. When there is inclement weather or there are poor driving conditions, motorists need to behave reasonably and need to recognize that they owe a duty of care to other drivers and passengers on the road. As such, even if a motorist is traveling at a speed below the posted speed limit, that motorist still may be unlawfully speeding—and thus may be responsible for injuries in an accident—if the speed is too fast to be considered safe for the conditions. 

When Traveling Below the Speed Limit May Still be Speeding

According to California Vehicle Code Section 22350, which is the speeding law in the state, “no person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.”

When researchers began to develop autonomous vehicles, or self-driving cars, the thinking was that these vehicles could eliminate the element of human error that contributes to so many car accidents in Southern California. Yet in the time that autonomous vehicles have been tested, they have not actually proven to be all that safe. Indeed, in some cases, self-driving cars have resulted in serious and fatal injuries, especially to pedestrians. According to a recent article in California StreetsBlog, a new study conducted by researchers at the Insurance Institute for Highway Safety (IIHS) suggests that autonomous vehicles will likely prevent only about one-third of all motor vehicle collisions in California and across the country.

 
Why are autonomous vehicles so ineffective? Is there a possibility that the technology will improve in the coming years such that self-driving cars will do more to reduce the rates of traffic collisions in California?

 
IIHS Says Identifying Hazards is Not Enough to Prevent Collisions

If you travel by yourself or with your family and book a room at a hotel or motel in San Diego County, what does that hotel owe you when it comes to your health and safety? Generally speaking, hotels and motels owe a duty of care to customers who are staying in the rooms. This duty of care means that the hotel needs to take whatever steps a reasonable person would take to ensure that customers are not exposed to unreasonable risks of injury or illness while staying on the property. Given that we are now living in the era of the coronavirus, it will be particularly important for hotels and motels to provide guests with appropriate safety and health precautions, and that they warn guests about potential hazards on the property. 

There are many different kinds of ways in which hotels and motels can be liable for guest injuries. The following are some examples of common hotel and motel negligence claims.

Slips, Trips, and Falls on Hotel Property

Whether you are driving on one of the major highways surrounding Poway or you are on a local road, a serious truck accident can happen without warning. Trucking accidents can happen for many different reasons, and it is important to work with an experienced truck accident attorney who can help you move forward with a claim and determine who may be liable for your injuries. Although every case has its own set of facts, the following are the general steps you should take if you have been injured in a Poway trucking crash. 

Gather Evidence at the Scene of the Truck Accident

Many truck accidents result in life-threatening and deadly injuries. According to the Insurance Institute for Highway Safety (IIHS), large trucks usually weigh anywhere from 20 to 30 times as much as a smaller passenger vehicle, and they have a much higher ground clearance. As a result, a collision with a passenger car or light truck can mean that any occupants of those smaller vehicles sustain debilitating injuries. If you are physically and mentally able to do so, you should gather as much information as you can at the scene of the truck accident. You should take photos, and you should make sure to record the names and contact information of anyone else involved in the collision and anyone who witnessed it.

arseny-togulev-DE6rYp1nAho-unsplash-1-copy-300x169If you are injured by a defective product in Escondido, you most likely will be eligible to file a product liability lawsuit. Depending upon the defect associated with the product and the way in which you got hurt, you could be able to file a design defect claim, a manufacturing defect lawsuit, or a marketing defect case. However, in some situations, product designers, manufacturers, and sellers may have immunity from certain types of claims. In the new era of the COVID-19 pandemic, the Public Readiness and Emergency Preparedness Act (PREP Act) gives liability to certain manufacturers who are designing and manufacturing products for combatting the coronavirus. Most immediately, the PREP Act could give automakers immunity in situations in which products like ventilators turn out to be defective.

 We want to say more about the PREP Act and how its immunity provision could prevent consumers from filing product liability lawsuits. At the same time, we will explain the limitations of PREP Act immunity for defective products.

Immunity from Product Defect Cases Under the PREP Act 

nabeel-syed-2856-copy-300x200If you were injured in a car accident in San Marcos or elsewhere in Southern California, it is essential to know how to file an auto accident claim. Every car accident case will have its own particular set of facts, but we want to provide you with more information about the claims process and the ways a San Marcos car accident lawyer can help. 

Gather Information to Support Your Claim

You will need to gather information and evidence to support your car accident case. This process starts at the scene of the accident, where you should take photographs of the scene on your smartphone. You should also obtain contact information for anyone else involved in the collisions as well as witnesses who may be able to support your version of the events. Beyond the initial scene, it is also important to get medical attention as soon as possible. By seeing a doctor quickly, you will be able to prove that your injuries resulted from the car accident, and your medical records will become important evidence in your case.

lance-asper-pAWY7xrsLwc-unsplash-copy-300x169If you live in Encinitas or in another part of San Diego County, you have likely been staying home as much as possible for the last number of weeks. All Californians are required to stay home “except to get food, care for a relative or friend, get necessary health care, or go to an essential job,” according to the state’s stay-home order. The order is in place until further notice, and it first took effect on March 19, 2020. While anyone who has an essential job—and thus must drive to work—or needs to leave the house for food or medicine is still at risk of being injured in a motor vehicle crash, it looks like that risk is significantly lower. Indeed, according to a recent article in the Los Angeles Times, since the stay-home order took effect, motor vehicle collision rates have dropped significantly. 

We want to say more about the lowered risk of an auto accident during the pandemic, and to discuss what you should do if you are involved in a crash at this time.

Fewer Motor Vehicle Crashes With Lower Traffic Rates

rmwtvqn5rzu-jesse-orrico-300x199Whether you live in Vista or elsewhere in Southern California, it is important to take steps to avoid a serious personal injury. Injuries can happen almost anywhere, and traumatic brain injuries (TBIs) can result from many different types of accidents. Motor vehicle collisions, slips and falls, and other kinds of accidents can lead to severe head trauma. According to a recent report from U.S. News & World Report, rates of fall-related TBI deaths are on the rise in California and across the country. In other words, more people are sustaining fatal brain injuries in fall-related accidents than in previous years and decades. The study shows that fall-related TBI deaths increased steadily between 2008-2017. We want to take a closer look at that study and to consider what it means for Vista residents who sustain brain injuries in falls. 

More People are Suffering Deadly TBIs in Falls

Traumatic brain injuries, according to researchers, are head injuries that are “caused by a bump, blow, or jolt to the head or body, or a penetrating head injury that results in disruption of normal brain function.” In general, TBIs can be mild, moderate, or severe. Concussions are one type of mild TBI, and although they may result in life-threatening problems later on, most mild and moderate TBIs do not immediately cause a person’s death. The key piece of information from the report is that more people are sustaining fatal TBIs in fall-related accidents. Yet there is more to the data than that. More of the people falling are older adults, and more of them live in rural areas of the country. Rates of fall-related brain injury deaths have risen across age groups and geographic regions, but those specific risk factors showed particular growth.

rhys-moult-7eaFIKeo1MQ-unsplash-copy-300x221If you or someone you love got hurt in a truck accident in Carlsbad, it is extremely important to know about your options for filing a claim and proving that the trucking company is responsible for your injuries. Even in cases in which a truck driver’s error caused the collision, as is true in many trucking collisions, plaintiffs will want to learn more about causation and liability to determine whether the trucking company itself or the owner of the truck may also bear responsibility for the crash. Generally speaking, truck companies have much deeper pockets than truck drivers themselves, and thus they may be able to provide an injured plaintiff or her family with full compensation for losses. Yet first, a plaintiff will need to prove causation and liability. 

What causes most truck accidents? The Federal Motor Carrier Safety Administration (FMCSA) conducted a study about trucking accident causation more than 15 years ago. According to a recent report in Transport Topics, the FMCSA has plans to conduct a new crash causation study that will help to reveal the extent to which issues like smartphone usage and distracted driving play a role in truck collisions.

Details of the FMCSA Planned Study

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