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Articles Posted in Personal Injury

Car accidents happen much too often in and around San Clemente, and these accidents can have many different causes. Often, motor vehicle collisions result from another driver’s negligence, and it may be possible to file a lawsuit against that negligent driver. At the same time, car accidents can have other causes, so it is important to work with a Southern California car accident attorney to determine liability. In some cases, you may be able to file a claim against multiple parties. Consider some of the following ways in which different parties can be responsible for injuries in traffic collisions.

Driver Whose Negligence Caused the Accident

Whenever a driver gets behind the wheel of a car or truck, that driver owes a duty of care to other motorists on the road. That driver must behave reasonably behind the wheel, and that driver can be liable for any accidents and injuries resulting from careless acts or omissions. Some of the most common sources of driver negligence include distracted driving, drunk or intoxicated driving, aggressive driving behaviors, failing to obey traffic rules, and fatigued driving.

The summer months in Valley Center are often times for vacations and recreation, but it is important to know that certain kinds of personal injuries can occur with frequency during warm weather. As such, it is essential to understand various summer injury risks, to take precautions to avoid harm, and to seek advice from an experienced Valley Center personal injury attorney if you or your child sustains a serious or life-threatening injury as a result of another party’s negligence. The following are among the most common injuries that affect people in Southern California from June through September.

Heatstroke

When a person is outdoors in the summer heat for too long without adequate hydration, heat exhaustion can occur, and heat exhaustion can eventually lead to heatstroke. Many workers who do construction work and related jobs outdoors can be at particular risk for heatstroke.

In recent months and years, e-scooters have been growing in popularity among residents of Rancho Bernardo and throughout Southern California. While e-scooters can serve as a convenient mode of transportation and can be exciting for recreation, e-scooters have also proven to be extremely dangerous. According to a recent study conducted at the University of California, Los Angeles (UCLA) and published in the peer-reviewed journal PLOS One, the injury rate for riders of e-scooters in certain parts of Southern California “was higher than the national rates for riders of motorcycles, bicycles and cars, and pedestrians.” In other words, the overall rate of e-scooter accidents has been extremely high.

What do you need to know about e-scooter injuries and filing a personal injury claim after an e-scooter accident?

E-Scooters Continue to “Proliferate,” According to Study

While most of us do not think about the risks of getting hurt when we step into an elevator or onto an escalator in Escondido, it is important to know that escalators and elevators can actually cause serious and fatal injuries in many different circumstances. Elevator and escalator accidents can be caused by many different factors, and people can sustain various types of injuries. Depending upon the cause of the elevator or escalator accident, and whether or not the injured person was working at the time of the elevator or escalator accident, multiple parties may be liable for injuries and various routes to compensation may exist. What do you ultimately need to know about these types of accidents and injuries? The following are some of the top things to know about escalator and elevator injuries in Escondido.

Elevator and Escalator Accidents Have Many Different Causes

There are many different causes for elevator and escalator accidents and injuries, such as:

Hotel and motel negligence in Vista can take many different forms in California, including negligent security measures that result in assaults or other acts of violence on hotel or motel premises. When a hotel or motel owner does not provide adequate security to customers on the premises, the hotel or motel ultimately may be liable for injuries resulting from a third party’s violent acts. To be clear, the injury victim may be eligible to hold a hotel or motel liable for violence perpetrated by a third party by filing a negligent security claim. The following are five things to know about hotel negligence and assaults in Vista.

  1. Negligent Security Claims are Personal Injury Lawsuits

Negligent security claims filed against hotels and motels are types of personal injury lawsuits. As such, the statute of limitations for most other types of personal injury cases will apply.

After an Oceanside car accident in which another motorist is at fault, you should be thinking about your options for filing a claim for financial compensation. For most injury victims in motor vehicle collisions, the first step in seeking compensation is filing an auto insurance claim. Auto insurance claims can be filed as first-party claims through an injured person’s own auto insurance policy, or as third-party claims through the at-fault motorist’s auto insurance policy. When an auto insurance claim does not result in sufficient compensation, an injured person will often move on to file a car accident lawsuit. However, in some cases, the defendant will attempt to reduce his or her liability by raising the issue of comparative fault. 

What is comparative fault, and how can it impact your payout in an Oceanside car accident claim?

Understanding Damages in a Car Accident and the Effect of Comparative Fault

Traumatic brain injuries (TBIs) should always be taken seriously in San Clemente, whether a concussion occurs on a sports field or a vehicle occupant sustains head trauma in a car crash. According to the U.S. Centers for Disease Control and Prevention (CDC), traumatic brain injuries “affect how the brain works,” and they are “a major cause of death and disability in the United States.” On average, 166 Americans suffer fatal brain injuries every day, and more than 223,000 people have to be hospitalized with TBIs each year. Who is liable when these injuries occur?

  1. Responsible Party Will Depend Upon the Specific Facts of Your Case

The party or parties responsible for a TBI will depend upon the specific facts of your case. The CDC reports that approximately 15% of high school kids in the U.S. report sustaining at least one concussion in sports or recreation activities, in which case the educational institution or a coach may be liable. At the same time, studies also show that motor vehicle collisions and falls are leading causes of brain injuries, which could result in a motorist or a property owner being responsible for paying damages.

During the holiday season in Poway, many families travel to Southern California for vacations while others travel to other parts of the country to visit family members or friends. When you are staying in a hotel or motel for the holidays, it is important to understand potential hazards and injury risks in these spaces and to take precautions. Our experienced Poway hotel injury attorneys have tips for you to avoid accidents and injuries at hotels and motels over the holidays. 

Watch Kids Around the Pool Area

If you are staying at a hotel or motel with a pool, it may be tempting to say “yes” when your kids ask if they can go down to the pool on their own. Drowning accidents are much too common at hotels and motels across the country, and most hotels do not have lifeguards on duty who can provide any kind of supervision. Even if you have teenagers, it is important to take precautions and to supervise your children while they are swimming.

Anytime another party’s negligence or intentional wrongdoing results in another person suffering a serious or deadly injury, it may be possible to file a personal injury lawsuit or a wrongful death claim in Carlsbad. Yet given that personal injury law is such a broad area of the law, it can be confusing to distinguish between and among different kinds of personal injury cases and their required elements. For example, does a plaintiff need to prove something other than negligence in order to win certain types of personal injury cases? Does negligence look different depending upon the particular type of personal injury claim the plaintiff is pursuing? Our Carlsbad personal injury attorneys can provide you with examples about the differences among personal injury lawsuits. 

Motor Vehicle Collision Claims

Many motor vehicle collision cases—including car crashes, truck accidents, motorcycle accidents, and pedestrian and bicycle accidents—begin with insurance claims. These accidents can also result in motor vehicle accident lawsuits that require the injured plaintiff to prove that the at-fault driver was negligent. In a typical traffic collision case, negligence means failing to observe the level of care behind the wheel that a reasonable person would under the circumstances.

While grocery stores or supermarkets in Oceanside, California are a required weekly stop for most individuals and families, these are also retail establishments where serious accidents and injuries can occur. Although many injuries that happen at supermarkets result from slips and falls, grocery stores can also be places where struck-by injuries occur when products fall off a shelf unexpectedly, or where other types of premises liability accidents and motor vehicle collisions can occur. In many instances, the retail establishment is liable for injuries that occur on the property. Our experienced Oceanside personal injury lawyers want to tell you more about different types of slip, trip, and fall accidents that occur frequently in supermarkets in Southern California. 

Liquid Spills and Oceanside Slips and Falls

Liquid spills are a common cause of slips and falls in grocery stores throughout Southern California. It is often easy for liquid spills to occur when a customer accidentally knocks a jar off a shelf, and a liquid ends up spilling in the grocery aisle. If these kinds of liquid spills—of sodas, cooking oils, sauces, dressings—are not quickly cleaned up, a shopper might not even realize the floor is slick and can slip and fall.

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