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Slips and falls can happen in many different ways and for many different reasons in and around Encinitas. Whether you got hurt in a slip and fall accident due to a liquid spill at a restaurant, or your child suffered a concussion in a slip and fall injury on a pool deck at a Southern California hotel, it is important to speak with an experienced Encinitas personal injury lawyer to learn more about your options for filing a claim for financial compensation. Yet you may be concerned that your own fault could prevent you from obtaining compensation after a slip and fall. For example, you might be thinking, “Even though that restaurant or grocery store did not clean up the liquid spill on the floor that caused my injuries, I was distracted because I was walking while texting on my smartphone.” Or, for instance, you might be wondering, “If my child slipped on a slick area of a hotel walkway, is the hotel still liable even if my child was running at the time?”

 
Here is what you need to keep in mind: California uses a “pure comparative fault” rule when it comes to determining damages in a personal injury claim, which is beneficial for plaintiffs who may be partially at fault. However, you should also know that, even if the possibility of your own fault is raised, you may be able to show that you are not responsible for your injuries. The following are steps you should take if you are concerned you are partially at fault for a slip and fall injury in Encinitas or elsewhere in Southern California.

 
Document the Scene Where the Slip and Fall Happened

Just because the coronavirus pandemic has shifted much thinking about safety in Southern California to issues of virus containment does not mean pedestrian safety and car accident prevention should lose consideration. Putting the two public health issues together—COVID-19 prevention and pedestrian safety—some cities in California have started to install touch-free crosswalk signals to ensure that pedestrians and bicyclists do not avoid using traffic safety signals in order to avoid risk of exposure to the coronavirus.

 
It is important for pedestrians and bicyclists to understand ways of staying safe and avoiding motor vehicle collisions, and it is also critical to understand how comparative fault can reduce a pedestrian or bicyclist’s damages award if they do not abide by traffic rules.

 
How Touch-Free Pedestrian and Bicyclist Signals can Help to Prevent Intersection Accidents

Whether you are on the road heading to or from work, or you are driving up the California coast with your family for a weekend vacation, you should know that some types of accidents tend to happen more often in the summer than during other months. Winter weather collisions are not typically an issue in Southern California given that the weather is temperate year-round, but many of the summer and warm-weather accident hazards that exist throughout the country are certainly present in San Diego County and throughout the state in the summer. Travelers Insurance identifies some of the most common causes of car crashes from June through September. The following are tips for avoiding a summer auto accident.

 

  1. High Temperatures can Pose Dangers to Your Vehicle

 
High temperatures can wreak havoc on an automobile if it is not regularly and properly maintained. For example, if tires are underinflated and the weather is particularly hot, you could be at risk of a tire blowout while you are driving. Engines can also be at increased risk of overheating during the summer. Most of the vehicle-related risks that come with hot weather can be avoided if you have your vehicle serviced regularly.

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.

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