What Should I Do If I Have Been Injured in a Orange County Truck Accident?

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Any time you have been involved in an accident, there are certain precautionary steps you want to take. When you have been involved in an accident with a commercial truck, however, you may want to also call one of the top-rated truck accident attorneys in Orange County. Here are five things you should do if you have been injured in a truck accident in Orange County

Get medical attention

Commercial trucks can weigh up to 20-30 times as much as passenger vehicles, so you also stand a far greater chance of sustaining injuries. Even if you aren’t sure you sustained any injuries, you might want to get checked out within a few hours to be sure.

Take lots of pictures

If you don’t need immediate medical attention, then you will want to take as many photos of the accident scene and any damage as you can. You will also want to take pictures of any factors that may have contributed to the accident. Such as weather-related factors or road conditions like large potholes or debris in the road not related to the accident.

Write down everything you can remember

Being involved in an accident generally activates your fear response system, which can make it difficult to think clearly or remember small details. The truth is, however, your brain is still recording everything, even though it may all seem to be happening in slow motion. The sooner you can write down everything you remember from the accident, the less likely all those small details are to get lost. Sometimes, the smallest details can mean the difference between being compensated or not.

Document everything

You will want to keep a clear record of every aspect of the accident, including police reports, medical bills, repair bills, and any other transportation costs. You will also want to keep hard copies of any medical reports relating to any injuries you sustained as well as for any ongoing care you might need.

Call an attorney

Getting compensation for a truck accident can sometimes take months or even years. Unlike an accident with a passenger vehicle, a truck accident involves the driver, the company they work for, and the insurance company – all of whom will try and avoid taking responsibility for the accident.

We are one of the top-rated truck accident attorneys in Orange County for a reason. We can give you the clout you need to get you the compensation you deserve, so give us a call today.

Social Security: A Primer

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A Brief History

Social Security is a federal program that taxes workers’ income in order to provide benefits to retired people, those who are unemployed, disabled persons, and the families of retired, disabled, or deceased workers.

Today’s program was born out of the economic hardships of the 1920s and 30s. As industrial jobs replaced agriculture, traditional means of economic security vanished. During the Great Depression, unemployment exceeded 25 percent. People asked the government to save families from joblessness and poverty-ridden old age.

On August 14, 1935, President Franklin D. Roosevelt signed the Social Security Act. This law created a social insurance program designed to pay workers age 65 or older an income after retirement as well as provide general welfare benefits.

Types of Benefits

The main types of Social Security benefits are retirement, spousal and survivor, disability, Medicare, and Supplemental Security Income.

Retirement, Spousal, and Survivor Benefits

Anyone who has earned 40 credits toward Social Security can begin receiving retirement benefits at age 62. You can earn up to four credits per year by working and paying Social Security taxes. Your benefit is based on your contributions and the age at which you start collecting.

A person can collect retirement benefits based on a spouse’s record without affecting the spouse’s retirement payment. A widow or widower may qualify for survivor benefits based on the amount the late spouse was receiving or eligible to receive when he or she died. Children and dependent parents may also be eligible.

Disability

People who can’t work because they have a medical condition that is expected to last at least one year or result in death are eligible to collect disability benefits. The person must have worked long enough to qualify. Generally, 40 credits are needed, but younger workers may qualify with fewer credits.

Medicare

Medicare is a medical insurance program for people age 65 or older. Those with employer-provided health insurance will want to ask the insurance company how signing up for Medicare will affect those benefits.

Supplemental Security Income

Disabled adults and children who have limited income may receive Supplemental Security Income (SSI) benefits. People 65 and older without disabilities who meet the financial limits are also eligible.

How to Apply

Those interested in further information should visit the official website of the U.S. Social Security Administration at www.ssa.gov. Individuals can apply for the majority of benefits online.

California Train Accidents Pose Serious Problems for Residents

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You might be surprised to learn just how common train accidents are in California. The Federal Railroad Administration Office of Safety Analysis reports 2,635 train accidents in the United States in 2017 alone. The Bureau of Transportation Statistics says that 183 train incidents happened in California in the year 2000. Many people assume that trains are an inherently safe form of travel, but this isn’t necessarily the case.

Causes of California train accidents

Train operators have rules to follow just like any vehicle operator. There are speed limits especially around corners and in cities. Sadly, operators sometimes try to operate under the influence of drugs or alcohol.

Weather conditions and even unanticipated fire or vandalism can cause train accidents. Equipment failure is another common problem, and train operators often fail to update equipment and machinery as often as they should. Any of these factors can cause or contribute to a California train accident.

The 2008 Metrolink train crash

One of the most famous California train crashes was the Union Pacific and Metrolink train crash in Los Angeles. It occurred in 2008, and investigators learned that the Metrolink train operator’s texting may have contributed to the crash. The crash occurred when the Metrolink train failed to yield the right of way and ran a red signal. In total, twenty-five people died and many more sustained injuries.

Train accidents can cause significant damage to property and people. Being involved or affected by a train accident is something that should not be taken lightly, contact a personal injury attorney near you if a loved one or yourself have been injured due to a train accident in California.

 

What to Know About Proving Fault in a Car Accident in California

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If you are struck and injured by someone else in a car accident, you must prove it was the other person’s fault before you can collect damages. 

While police reports are pretty good at hashing out what happened in an automobile accident, they don’t always give every bit of information. When the police arrive, sometimes they will have a collision report. This is what they document from their independent witnessing of the vehicles. Some of the things they will observe include: 

  • How the vehicles are positioned
  • Crash debris on the street
  • skidmarks
  • Damage to both vehicles
  • Road conditions
  • Weather conditions
  • Other information if applicable

While officers try to do their best they can in determining who’s at fault, they aren’t perfect. Again, reports are an excellent tool; they are only a part of the process. If you are involved in an accident, and the fault has not been determined, you may need to enlist the help of an Orange County car accident attorney. 

The California vehicle code is more accurate. If it can be determined which person violated the law, you will have much more leverage. A couple of things you can show: 

  • The other driver was in violation of the law
  • The violation played a huge role in causing the accident.

Two of the most straightforward accidents to prove

Rear end accidents – In most cases, if a driver slams on their brakes and runs into the back of your vehicle, they will be deemed at fault. The driver, regardless if you slammed on your brakes, will be charged with inattentive driving. 
Left turn accidents – If you have the right of way and a car hits you, that can also determine who is at fault. 

The best thing to do in this situation is to find a skilled Orange County car accident attorney to handle your claim. They rely on a staff of professionals who can thoroughly investigate your claim. A skilled accident attorney will use investigators who can do crash reenactments and other tools to prove your case.

Basic DUI Information in Washington State

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DUI, or Driving Under the Influence, is a serious offense given to individuals suspected to be driving while intoxicated. Those who are charged with the offense of DUI are arrested by law enforcement and placed in jail where a bail amount is set. The offender may post the bail, or remain behind bars until the scheduled court appearance.

Washington State DUI Laws

Drivers over 21-years of age are considered driving under the influence when they register a BAC, or Blood Alcohol Content, of .08% or greater. As an implied consent state, drivers are required to take the BAC test is suspected of driving under the influence. Refusal to complete the BAC test results in one-year driver’s license suspension as well as fines.

If you’re charged with DUI, the following consequences will occur:

1st Offense: Minimum 24-hours to 1-year in jail; Fines of $865- $5,000; License Suspension of 90-days to 1-year; Completion of IID Program

2nd Offense: Minimum 30 days to 1-year in jail; $1,1250 – $5000 fines; 2 years – 900 days License Suspension; Completion of IID Program

3rd Offense: Minimum 90 days to 1-year in jail; $1,970 – $5,000 fines; 3 – 4 years License Suspension; Completion of IID Program

Additionally, your name is forever tarnished with a DUI conviction on your criminal record. Anyone who accesses your criminal record is free to see the charge, and in doing so, may opt to deny you employment, housing rental, etc., or simply look at you differently than they otherwise would.

Visit http://www.dol.wa.gov/driverslicense/dui.html for more DUI Information in Washington State.

It’s always best to avoid getting behind the wheel of a vehicle if you’ve had even one alcoholic beverage.

Why You Need a Washington DUI Lawyer

Rather than head to court and hope for the best, speaking with a Washington state DUI lawyer is beneficial. A DUI lawyer may help get the charge reduced or dismissed and certainly provides assurance when it is most needed. An attorney may also reduce the penalties in conviction cases. DUI attorney in Vancouver, Washington offers free consultations to discuss your case. There’s no obligation to hire the attorney, but with the consultation, you gain a better understanding of DUI laws and the best steps to take in your case.

Motorcycle Accident Information in San Diego

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Motorcyclists are completely exposed to injury. There aren’t any crumple zones, seat belts or air bags to protect riders. When their bodies are propelled from an impact, the only things that stop motorcyclists are other vehicles, stationary objects or the pavement. Sometimes those other vehicles even run over motorcyclists.

According to the National Highway Transportation and Safety Administration (NHTSA), motorcyclists are 27 times more likely to die in a crash than drivers or occupants of passenger vehicles. Given the vulnerability of motorcyclists, the odds of severe or catastrophic injuries in motorcycle crashes increase too.

Common causes of motorcycle crashes

Motorcycles present low vehicle profiles in traffic. People just don’t see them. Nearly half of all motorcycle accidents involve another vehicle turning left in front of a motorcyclist in an intersection. Other types of motorcycle accidents involve drivers of passenger vehicles changing lanes when not hearing or seeing a motorcycle next to them. Some people even park their cars and then “door” a motorcyclist when they’re getting out of their cars.

Common motorcycle accident injuries

The U.S. Centers for Disease Control and Prevention reviewed the injury information on over 1.2 million non-fatal motorcycle accidents between 2001 and 2008. It concluded that 30 percent of all such injuries were to the legs and feet of riders, while 22 percent were to the head and neck. Those were followed by:

  • Injuries to the chest, back, and shoulders
  • Hand and arm injuries
  • Pelvis and hip injuries

The rules of the road clearly allow motorcyclists to share the road with other motorists, but many Southern California motorcyclists have been injured or killed due to the carelessness and negligence of those other motorists. Insurance companies will try to shift the blame for a crash and point their finger at the motorcyclist. That’s just one of the reasons why riders or the families of those who were killed in motorcycle crashes need to hire an experienced, aggressive and successful motorcycle accident attorney.

Contact our San Diego motorcycle accident attorneys as soon as possible after any motorcycle accident for a free case consultation and evaluation. Recovering the financial damages that you deserve can be pivotal for you. Since we work motorcycle accident cases on a contingency fee basis, no legal fees are due unless we obtain a settlement or verdict for you.

Workplace Injury Information in Tacoma Washington

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Federal law requires all states to have some worker’s compensation insurance program that applies specifically when individuals are injured while on the job. Washington is one of the few states that have chosen to keep the state program within the control of the government instead of totally privatizing protection for employees working within the state borders. However, the rules that require employers to participate in the program differ from many other states as well, with certain employers being allowed an exemption if they can prove independent coverage is in place or choose to self-insure their workers.

Exemptions

Most of the companies that do not participate in the state program are the major employers of the state, and as many as one-third of the individuals working in the state work for one of these major corporations. Also, there are also exemptions for certain types of employers based on the makeup of their workforce and the nature of the operation. Self-employed individuals are not required to participate in the program, and individual management personnel is exempt as well in certain situations. Private contractor relationships are also technically self-employment situations for the most part.

Filing a Claim

Depending on the insurance status of an employer, employees will either file a claim with the state compensation board through their employer or submit the injury claim directly to those employers that are self-insured. Some claims can be simple procedures when the injury occurs due to a specific work incident and is not contested by the employer. This may not be so simple when employers are self-insured, or their insurance provider acts in bad faith. Injuries that manifest over a long period and are contested by the employer can also be frustrating experiences when attempting to recover damages.

Potential Lawsuits

Injured workers who accept the state workers compensation benefits are normally disqualified from suing an employer for non-economic pain-and-suffering. However, this is not an absolute restriction, as the injured employee can sue for full damages when the injury is the result of an intentional, reckless, or illegal action on the part of the employer or another employee. These cases are often complicated and strongly defended, and will always require the expertise of a personal injury attorney in Tacoma WA who understands what to expect regarding defensive claims and knows how to craft a case for maximum benefits to the injured worker client. Be sure to visit a personal injury attorney directory to find the right attorney for your case today.

Cerebral Palsy Lawsuit is Awarded with a Record $55 Million Settlement

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When medical professionals are negligent in any way in the delivery room, that negligence can result in devastating congenital disabilities that can cause a lifetime of disability. When a child is deprived of oxygen during birth, cerebral palsy can result. Passaic County residents struggling with a child’s preventable birth injuries may be interested in the recent story of a Philadelphia-area hospital, which recently was ordered to pay $55 million to the estate of a 4-year-old boy with cerebral palsy they believe was caused by hospital negligence.

The couple claims that doctors and hospital staff ignored warning signs that their son was not receiving enough oxygen during his birth in 2009. In a civil trial that lasted for two weeks, the couple and their attorney argued that the birth was handled negligently. The birth was complicated, with the infant becoming stuck in the birth canal. His oxygen deprivation was reported to have directly caused his severe developmental delays.