california insurance attorney

Injured at the Gym? Who May be Liable, and How to Proceed

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Who is Responsible When You Are Injured at The Gym?

Injuries at your local gym are more common than you may believe. You may have experienced muscle soreness later in the day from a good workout. However, there are instances when someone could have gym equipment breakdown on them, injuring themselves more severely. Nobody goes to the gym with that in the back of their mind, and the last thing most gym attendees want to do is have to call a lawyer or recover from an injury. After all, the gym is a place to release stress and improve your health, not build more stress and injure yourself.

Gyms are typically thought to be a fairly safe place. Gyms are staffed with knowledgeable employees to teach people how to properly operate the equipment available. But what would happen when you do experience an injury at the gym? When an accident occurs, who is responsible? Is it the gym owner? The staff? Victims could be left wondering, here’s what you need to know.

Liability Waivers

When you’re new to a gym, normally you are asked to sign some form of liability waiver. Gym owners attempt to protect themselves from lawsuits filed by people who didn’t use equipment properly or tried to do more than they are physically able to do. Signing a liability waiver doesn’t mean that a gym owner is fully exempt from all lawsuit. Take a look at your copy and see what it includes. Better yet, keep a copy saved on your phone and discuss it with an injury attorney. Even if the waiver appears to cover anything and everything, courts are unlikely to enforce such a contract if the gym or manufacturers of equipment at a gym are found to have acted in a negligent manner. Here are a few clauses and verbiage to keep an eye out for:

1. Total waiver of liability means that the gym is not liable for any injuries within it walls. With that being said, courts may find these waivers to be unenforceable if they are too broad.

2. Waiver for negligence means that you can’t sue the gym if your injury was caused by negligence by the part of the gym owner or an employee.

3. Waiver of liability for intentional acts means that you can’t sue if someone in the gym assaults you in some way, these waivers are typically unenforceable in court.

Knowing what your waiver says is the first step in determining whether or not you have successful case on your hands. For example, If during a workout a machine comes crashing down on you due to poor maintenance or an issue the gym owner was aware of, you could potentially file a lawsuit. Nobody wants to file a lawsuit, but if you or a loved one was injured, chances are your lifestyle and general health have suffered greatly as a result. Many people are scared off by the idea of calling a law firm to ask questions, or they assume (incorrectly) that because they signed a waiver, they are stuck with their injury.

Premises Liability

Like any other business, a gym must be reasonable safe and free of hazards. That means that all the equipment must be inspected regularly, slip and fall hazards must be remedied and potential dangers must be repaired or removed. If any of these things have caused your injury, you may choose to file a lawsuit. Again, discussing the facts specific to your incident will likely prove valuable. If nothing else, after discussing your injury with a lawyer, you'll be in a better position to move forward with making an informed and educated decision.

Does Location Matter?

Many people incorrectly assume that because they were hurt in, for example, San Bernardino, that they must find a lawyer in San Bernardino that can help them. This is not accurate. In fact, any lawyer who is licensed to practice in the State of California can help any individual injured in California, no matter whether they be in San Bernardino or San Diego - or San Francisco! This is not limited to unique injuries, such as those that happen at a gym or an exercise facility. Car accidents, slip and fall, animal (dog) bites - no matter where it happens in California, the most important thing is to consult with an attorney that has experience in that type of case or claim. If the attorney or law firm is licensed in California, they can help you, and with modern technology, this can mean a firm in, for example, Newport Beach, can easily help represent clients throughout the state.

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Who to Call?

Like any injury, one that takes place in a gym is unique, If you have been injured in a gym in California, call The Lions Injury Lawyers. We will talk with you about your injury and circumstances surrounding it and help determine if you have a premises liability or other type of personal injury case. The lawyers at The Lions Injury Lawyers have handled many cases against gyms and exercise facilities, and despite the existence of waivers, have won large settlements on behalf of their clients. There is no obligation to sign up as a client, and there is no fee charged for talking with an attorney about your injury. Call today to discuss what your options may be, and before making any decision about how to go about fixing the damage done, educate yourself by talking with an attorney.

Unintended Consequences of Car Modification

Most car owners who modify their cars are aware that the modifications tend to decrease, not increase, the value of their vehicle when they want to sell it. Why is the vehicle worse less money after modification, when modification can cost a lot of money? Your tastes are unique and don't necessarily match the tastes of other drivers. But there are several even more important reasons to carefully consider any modification to the external appearance of your vehicle.

This is how law enforcement may perceive you, regardless of how you're driving

This is how law enforcement may perceive you, regardless of how you're driving

Safety First

People change the appearance of their vehicle to get a certain look, something perhaps sportier than the original version. Or, maybe they want to stay up to date in trends of color and wheels. But many car owners may not consider that their modifications can have safety implications, and may not even be legal. For example, you may have driven behind a vehicle that has darkened plastic covering their rear lights, usually on a dark colored or black vehicle. The appearance makes the car look more uniform in color, as the back lights are less pronounced. What you may also have noticed is the brake lights are not as bright on these vehicles. Owners of these vehicles risk being rear-ended due to their brake lights not being bright enough, resulting in the driver behind them not being aware that the car in front is braking. 

Some modifications, like tinting light covers, especially brake light covers, can be illegal. There are millions and millions of vehicles on California roads, so what are the chances a driver of a vehicle with illegal brake light modifications will get pulled over? Maybe slim. But the chance that they'll get in a car accident certainly rises, posing a public safety hazard. This is why this particular modification tends to be against DMV standards. Also, if the vehicle has modifications that contributed to the crash, even a rear-end accident that results in injury, liability will almost always go against the car that has the modification. Thus, if you modify your car and are injured, the chances that you're placed at fault are high. Then, in many cases neither the other party's auto insurance, nor your own, will pay for your medical expenses.

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Also consider that seemingly minor modifications, if enough to convince a police officer or California Highway Patrol officer that your vehicle's appearance had something to do with causing the crash, you may be liable for any injuries caused to other parties. A car modification to make your vehicle look "cool" may not feel so cool, after all.

Visibility is Good, But Excessive Visibility is Bad

Some car owners have followed trends shown in the "Fast and Furious" movies, and other car racing movies, and install neon lights under their vehicle. Again, these modifications tend to be illegal, and the owner can be tickets. If the owner is ticketed on multiple occasions, the car may be impounded and their license suspended. What's the big deal of a little neon light? First, if you have neon lights under your car, the vehicle is very visable - too visable to other drivers, in fact, making it a distraction and a safety hazard. If you cause an accident and the other party says they were distracted by your lights, you're unlikely to convince the California Highway Patrol that your under-carriage lights had nothing to do with the crash. In fact, many California injury attorneys will attest that in almost every case where one of the vehicles has significant modifications, that vehicle is placed at fault on the police report.

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The Presumption of Guilt

Stereotypes are often unfair and inaccurate, but they still matter. You  may have an impeccable driving record and be an upstanding citizen in every way, and a great driver, but if you're involved in a crash that injures someone, the appearance of your vehicle matters. It may not seem fair, but California injury lawyers almost unanimously agree that the appearance of your vehicle comes into play when deciding who should pay for the damages. An extreme example may be helpful: if you're driving a sports car with bright paint, modified wheels, and other changes to the vehicle, and you're involved in a crash with a brown minivan, and the driver of the minivan says you were speeding and driving crazy, who do you think the police officer is going to believe? And modifications sometimes aren't needed at all: a sports car involved in an accident with a more "normal" car will often result in the sports car driver being put at fault.

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Which Modifications Matter?

If your tint is too dark, you can expect raised suspicion by the officer who makes the car crash report. If you have after-market wheels on your car, that will also likely go against you. This is not fair, of course, as the kind of rims on your vehicle likely had nothing to do with causing the crash, but these statements are made based on many years of observation by experienced California car accident lawyers who have dealt with thousands of injury cases. Under-carriage lighting, especially neon, is a big no-no; if you want to do this to your car, it is recommended that you don't drive with the lights on. You're asking for a ticket, at a minimum, and if you're involved in a car crash and someone gets hurt, your chances of not being put at fault are very low. Don't tint your tail lights; it's most often against DMV code, and it often results in rear-end accidents. Flashing lights on the interior that can be seen from outside are a big no-no. Basically anything that could distract other drivers and are not necessary to the safe operation of your vehicle are frowned upon by law enforcement, and do in fact contribute to car crashes. Mirror paint, or metallic paint jobs can often be distracting (this is, of course, obvious and on purpose), and the drivers of these vehicles will often attest that the number of tickets and perceived harassment by law enforcement is simply not worth it. Not to mention, most of these chances to your car are expensive, some costing many thousands of dollars!

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What if You're Involved in an Crash That Results in Injury?

If you were injured in a car crash, there are a lot of things to consider right away: your health, your auto insurance, the other driver's auto insurance, a police report or California Highway Patrol report, medical bills, lost wages - the list goes on and on. Most people have a decent idea of where to start and how to go about it, but there are endless loopholes designed to keep money with the insurance companies and out of your pocket. A call with an experienced car crash lawyer who practices in California may be beneficial. Also, if you were driving a modified vehicle and were involved in a crash where someone was injured, you  may benefit from speaking with an attorney, especially if you feel you were unfairly put at fault. Speaking with an injury law firm may save you a lot of time, headache, and money in the long run, and most lawyers offer these consultations at no up front cost.

The Lions Injury Lawyers practice injury law, and have seen many of the examples contained in this blog post play out in real life cases. If you or someone you love was involved in an accident that resulted in injury, you owe it to yourself to discuss the matter with an attorney, if only to reassure yourself you're going about things properly. The Lions Injury Lawyers represent clients throughout California, from San Diego all the way past San Francisco and including the Inland Empire and more remote parts of California. 

 

Car Accidents Involving Large Trucks: What You Should Know

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It's no surprise that the large semi trucks that carry much of the food we eat and the products we use throughout the country can cause serious safety threats to other drivers on the road. After all, most of these trucks weigh in excess of 10,000 pounds, and are nowhere near as agile and maneuverable as a common automobile. California highways are sometimes choked with trucks, which is due to the large population of California, as well as the several shipping ports, where the trucks receive their loads from abroad for distribution in California and throughout the country. If you're driving on California highways, there are a few safety tips you should be aware of in order to stay safe.

Remembering Elementary School Science: Inertia

Remember learning about objects in motion staying in motion until another force acts upon it to slow it down? A large truck will stay in motion unless the driver tries to slow it down. This is all common sense. The catch is, even when the driver of the truck tries to stop the truck's intertia, depending on how big and heavy the truck is, it can take a very long time to slow a moving truck. Now consider how fast trucks travel on California freeways - usually at least 60-70 miles per hour. Going this speed, it can take a great distance for a typical 18 wheeler carrying a normal load to slow. Now recall how often you see passenger vehicles, like your standard car or SUV, dart in and out of traffic. Large trucks cannot stop in time to avoid contact, it is as simple as that.

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Driver Fatigue and the Laws Regulating Trucker Drive Hours

Truck drivers make their living by carrying loads from point A to point B. The more distance they travel, the more money they make. There are regulations in place to keep truck drivers from getting too tired and drowsy to drive, but the reality is that truck drivers get tired and occasionally doze off or fall asleep at the wheel, often times causing collisions with other cars. The laws regulating truck driver hours are not always clear cut, either. For example, consider the "14-Hour Limit," which states that commercial truck drivers cannot  "drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty. Off-duty time does not extend the 14-hour period." This limitation applies to truck drivers who are carrying goods and products in their cargo, while other limitations apply if truck drivers are carrying passengers. The Federal Motor Carrier Safety Administration regulates truck driver hours, and these limits apply to the following drivers in specific vehicles only, known as a "CMV" vehicle: 

In general, a CMV is a vehicle that is used as part of a business and is involved in interstate commerce and fits any of these descriptions:

  • Weighs 10,001 pounds or more
  • Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more
  • Is designed or used to transport 16 or more passengers (including the driver) not for compensation
  • Is designed or used to transport 9 or more passengers (including the driver) for compensation
  • Is transporting hazardous materials in a quantity requiring placards

While these regulations certainly prevent some drivers from driving too long and becoming dangerous due to the human propensity to need sleep and doze off after long hours of driving, the rules to not obviously apply to all potentially dangerous drivers. Not all trucks meet or exceed the weight limits, or are transporting goods requiring special placards. 

Common Trucking Accidents or Crashes

There are several categorizations of car crashes, and those involving commercial trucking vehicles tend to fall into the following categories:

  • Rear end collision (usually from common cars cutting in front of trucks and the truck can't slow)
  • Head on collisions (often from cars darting in front of a truck, again, trucks cannot slow down)
  • Jacknifes
  • Rollovers
  • Sideswipe
  • T-bone or other side-impact collisions (often resulting from vehicles turning into the path of the truck, which is unable to avoid collision due to an inability to slow in time)
  • Cargo shift causing rollover or jacknife
  • Cargo spill

Trucking Accidents Resulting in Injury

Tragically, many crashes involving commercial trucks result in injury. Sometimes, the injuries are non life-threatening, such as whiplash, sore neck and back, and what are categorized as "soft tissue" injuries. Unfortunately, due to the heavy nature of commercial trucks, many auto versus truck accidents result in catastrophic injury and death. The amount of property damage a truck can cause a pedestrian vehicle is also significantly greater than a typical auto versus auto car crash.

Trucking Accidents Often Result in Fire

When an 18-wheeler crashes into a small SUV, for example, the result is often fatal, sometimes due to fire. Crashes with trucks often result in fire, as the trucks necessitate large amounts of petroleum based fuel, or gasoline. Fortunately, as clean(er) energy options enter the market (such as the newly-announced truck from California's own Tesla), future crashes with trucks may be less likely to result in fire. Many large players in the domestic shipping business have placed orders for the Tesla truck, so hopefully the technology will soon spread throughout the industry, bringing safer trucks to the roads.

What To Do If You Were Injured by a Truck

If you were injured while traveling in California by a truck, you should first take care of your health. Seek medical attention immediately. Proceed to take care of yourself and any passengers involved as you would with a common accident - your health is most important. When you are able to think clearly and are beginning to try to figure out how to recover financially and physically, a call to a California injury law firm may be beneficial. Trucking companies are often represented by aggressive law firms that tend to deny liability on all crashes, sometimes even in contradiction with reports issued by the California Highway patrol or the local police department. Even if you think you were not at fault and that it is obvious that the trucker was at fault, do not assume the truck's insurance company will pay for your medical bills. In fact, if you were injured by a truck, you are actually more likely to face an uphill battle in recovering your costs. 

The Lions Injury Lawyers, P.C. represent injured plaintiffs throughout the state of California, and are ready to discuss your case and answer any questions you may have. The sooner you discuss your injury claim with an experienced and trusted attorney, the more likely the attorney will be able to help you. When you call The Lions, you will speak directly with an injury attorney, not a salesman. Access to a lawyer who is experienced in handling California injury claims will help you navigate the often complicated world of injury insurance claim settlements.

Navigating Your Car Accident Whiplash Claim

Thousands of car accidents occur each day in California, and many people involved in these accidents are injured as a result. The most common injury that results from being involved in a car accident is whiplash. Although whiplash is the most common complaint by injured persons involved in car accidents, it is an often misunderstood and misdiagnosed injury. It is also the injury that the at-fault driver's insurance is most likely to dispute and refuse payment towards treatment for.

Whiplash is the most common injury following a rear end accident

Whiplash is the most common injury following a rear end accident

What is Whiplash?

Whiplash is essentially neck strain and sprain that occurs when a driver or passenger's head is violently jerked backwards or forwards as the result of a car crash. The neck muscles and ligaments are strained as a result of the collision. Severe whiplash may also include damage to discs in the cervical spine, torn and ruptured ligaments, and even fractures in the vertebrae. Whiplash can be a serious, life altering injury, however many people who suffer whiplash assume the pain will go away after a few days, and they fail to document their injury in a way that will enable them to recover from the defendant's insurance company.

Symptoms of Whiplash

Whiplash can take several days to set in, and the resulting pain can last for the rest of your life if you do not treat it appropriately. Here are a few symptoms to look for:

• Neck pain and stiffness

• Loss of range of motion in neck, back, and arms

• Headaches, especially those with dizziness and vomiting

• Tingling and numbness in arms and hands

• Pain in your arms, shoulders, neck and back

• Other symptoms may include ringing of the ears, blurred vision, memory and concentration difficulties and abnormalities, difficulty sleeping, moodiness and lack of patience, anxiety and depression.

An MRI of the cervical spine is often required in order to evaluate the severity of a whiplash inury

An MRI of the cervical spine is often required in order to evaluate the severity of a whiplash inury

Treatment for Whiplash

If you were injured in a car crash that resulted in whiplash, you were likely hit from behind, meaning you were not at fault and you will be able to pursue the other driver's insurance company to have your medical bills paid. Unfortunately, the insurance company will not simply believe that you are injured and write you a check. You must seek appropriate, reasonable medical treatment as soon as possible after the car crash. Your injury will be attributed to age, pre-existing conditions, degenerative conditions - really anything other than the car crash, if you do not seek proper treatment and the medical professional makes note that you were involved in a car crash.

Proper treatment usually involves visiting your primary care physician within a day or two after the crash. This is impossible for most people due to scheduling. You should visit the Emergency Room or Urgent Care facility as soon as possible if you cannot get an appointment with your primary care physician shortly after the crash. Fortunately, especially in Southern California and Orange County, there are an abundance of 24-hour Urgent Care facilities that are equipped with the proper staff to evaluate the severity of your injury.

What if You Can't Afford Medical Treatment?

You likely did not see the car crash coming, and you probably don't have a couple thousand dollars lying around just in case you need medical care following an accident. If you're like most people, you will benefit from consulting with an injury law firm in California that handles car crash cases. An established and reputable injury lawyer will know of doctors who will treat you on a lien. This means the attorney vouches for your case, and the doctor agrees to be paid out of the settlement, rather than being paid up front. This also means you may receive state of the art care at no up front cost to you. Fortunately, many facilities that accept car accident attorney liens are privately owned and operated, and are able to provide the very best medical care available.

How to Document Your Injury

The most important documentation comes from your doctor's office or hospital or urgent care. Thus, the most important step you can take towards better health and financial recovery for your injury claim is to visit a doctor immediately. Sometimes whiplash does not become painful for several days after an accident. If this is the case for you, you should still go to a doctor as soon as the pain becomes bothersome and persistent.

Pursuing Your Claim

If you or someone you know has been injured in a California car accident and is trying to recover physically and financially, contact The Lions Injury Lawyers today for a free consultation. The injury lawyers at The Lions are skilled and experienced in arguing on behalf of their clients to receive fair and reasonable compensation for car accident injuries like whiplash. The Lions main office is in Newport Beach, California, but the firm represents injured persons throughout the state of California. Call (949) 329-5000 today for a free consultation with an injury attorney.

 

 

Social Media and Injury Claims

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After a car accident, you may want to communicate with your friends and family to let them know what happened, maybe even share some photographs. For many people, posting on Facebook or Instagram is something they do without even thinking. However, prior to posting anything regarding your injury on social media, you should use caution and consider how your post may be used against you.

Say Nothing, Post Nothing

Perhaps it sounds hypersensitive to say that after a car accident in which you were injured, you should not post anything. After all, if the accident or car crash wasn't your fault, what is the harm in sharing what happened with your friends and loved ones? Isn't that what social media is for, and isn't it obvious you weren't at fault? Consider that even car collisions that fault and liability is usually easy to establish, such as a rear end accident, the at-fault insurance company's adjusters will not simply take your word for it, and are increasingly fighting liability on all claims. Your car accident claim is not a criminal case, so the familiar Miranda rights verbiage "anything you say can and will be used against you" does not exactly apply, but the spirit of the Miranda rights certainly does apply: everything you post, everything you say, can be manipulated by the other insurance company to diminish the amount of money they will pay to resolve your claim.

Set Your Accounts to "Private"

Even if you never post anything on social media regarding your injury, the insurance adjusters can still look at everything you've posted and create a narrative that there is nothing wrong with you. Is this legal, you might be asking yourself? Yes. If your social media accounts are open to the public, there is nothing to prevent an insurance agent from looking at your pages and taking screen shots. Many injury lawyers have seen in recent years a tendency for insurance adjusters to create a narrative, or story, about your life. Basically they will look at your photos and posts and come to the conclusion that you're fine and that you did not suffer serious injury. 

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Example Of Social Media Gone Wrong

For example, consider the case of a client who was injured in a car crash in Santa Ana, California. Despite being rear-ended (so it was clearly not her fault), and after she visited with her primary care physician at the local Hoag hospital, she slowly recovered through typical injury treatment of chiropractic care, physical therapy, and got two epidural injections to help alleviate her pain and facilitate recovery. During her recovery, as a student at Cal State Fullerton, she continued to take classes and work part time in an office on campus. Her treatment lasted about six months, during which she attended family birthday parties and went to Crystal Cove State Beach in Newport Beach with friends and her boyfriend. Sounds pretty normal for a college student.

When it came time to try to reach a resolution on her injury claim, the insurance adjuster denied payment and refused to pay her medical bills. Why? Because her social media posts on Facebook showed photos of her at the beach, at a few Cal State Fullerton athletic events (as a spectator, not participating), and at birthday parties. The insurance adjuster claimed "she seems pretty good to me, going to the beach, hanging out with her college friends at basketball games." You may ask what that has to do with this client's injury and medical bills. Of course, going to the beach has nothing to do with the client's injuries.

After her personal injury attorney at The Lions Injury Lawyers aggressively pursued her claim, the insurance company eventually paid all of her medical bills and paid her for her pain and suffering. This was only after her car accident attorney filed a lawsuit on her behalf in order to recover fair compensation on her behalf. Had this client marked her social media accounts to "private" the insurance company would not have been able to create a story that she was not injured based on her photos.

Getting A Fair Settlement For Your California Injury Claim

Social media is a new tool for insurance adjusters to use to diminish the value of your claim, or deny it altogether. Just because you were not at fault and sought proper medical treatment for your injuries does not mean you will be treated fairly. Often, consulting with an experienced personal injury attorney law firm that practices throughout California is the best way to get fair treatment from the insurance company. People injured in car crashes in Anaheim, Santa Ana, Fullerton, and throughout Orange County have turned to The Lions Injury Lawyers to get fair treatment by the insurance companies. The Lions Injury Lawyers represent injured plaintiffs throughout California, from San Diego County to the Inland Empire, up to Los Angeles and all the way 

Driving on Wet Roads

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Yesterday brought the first rain of the fall and winter season to Orange County, California, and the rest of the state begins to experience increasingly wet weather as well. Last year around this time the state was still gripped in drought, but the 2016-2017 wet weather season brought precipitation to the state in amounts not seen in decades over such a short period of time. Will this year bring the same amount of water to California? Perhaps not, but it doesn't take record rain and snowfall to create havoc on our roadways and transportation systems. A few tips on driving and commuting in wet weather may serve you well.

Slower Braking

What is the most common car accident? The rear end accident. Every day throughout California, thousands of drivers fail to brake in time and end up slamming into the car in front of them. Sometimes both drivers walk away without injury, while other car accidents of the "rear ender" variation can result in serious injury, and not just the driver or occupant of the car that is hit. Sometimes, the driver of the car that initiates the collision by failing to brake in time is also injured. Passengers from both cars are regularly injured from rear end accidents. The cause of these common accidents is a failure to brake in time. When traffic is busy and people are in a hurry, bumper to bumper traffic can progress hour after hour without a collision. However, when there is water on the roads, drivers cannot stop their cars as fast as they can in dry conditions. And, if you have been driving on wet roads and not needed to brake, when you do finally brake, it may be too late to realize you needed more time to stop.

How To Brake In Wet Weather

The first recommendation is that you must have plenty of space. The more distance you have before you need to stop your vehicle, the better. If your car doesn't have antilock breaks, you should pump your brakes. This can be helpful even if your car is equipped with antilock brakes, as it will prevent your car from sliding. Making sure your vehicle has proper tires is also important. If you are driving on "bald" tires on wet roads, you will not be able to stop as quickly as you would driving a car with tires that have proper treat. This is a danger to people driving around you, and should be taken seriously. Finally, you should not "slam" your brakes, or brake hard during wet weather, as this tends to cause slide, where you are out of control. 

Proper Lighting

Although unrelated to your ability to brake, making sure your rear tail lights are operating properly can be helpful. Consider that visibility is diminished in rainy or foggy conditions, and that in diminished daylight hours or at night, the vehicles following you have less time to stop as it is. If your lights aren't working, they are more likely to hit you. You may avoid injury by simply making sure the bulbs in your brake lights are working properly. Also consider what kind of lights you have on your car. If you purchased your car on the secondary market, popular modifications to darken the brake lights have become increasingly common. Many of these aftermarket modifications do not meet California DMV safety standards, yet many cars still use them. The effort is to make the aesthetic of the car appear darker. If you purchase a black or grey car, and the previous owner installed these brake lights, you should be certain the vehicle is legal as per California DMV safety standards. These brake lights are simply not bright enough in normal driving conditions. In wet and rainy weather, they can be almost impossible to see the brake lights, creating a danger to the driver.

California Car Accident Injuries During Wet Weather

More people tend to be injured as a result of rear end accidents this time of year in California due to changing driving conditions. If you were injured, you should seek immediate medical attention if you need it. Do not worry about placing blame on the driver who hit you. First, attend to your health. Even though common "rear end" accidents tend to establish the at-fault driver as the rear car, modern trends by insurance agencies show that they are denying injury claims on rear end accidents if there is not expensive property damage to your vehicle.

If you were injured in a California car accident during the intermittent wet weather, you may need to discuss your case with an injury attorney in order to be compensated fairly by the at fault driver's insurance. The Lions Injury Lawyers handle car accident cases throughout California, from San Diego to Orange County, Los Angeles to San Francisco-Bay Area. The car crash lawyers at The Lions Injury Lawyers are familiar with the tricks and tactics by bodily injury insurance adjusters, and their lawyers will help you navigate your injury claim. To speak with a car accident lawyer about your injury, the attorneys at The Lions Injury Lawyers are ready to discuss your claim today.

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Fall Weather Driving Hazards

Parts of California may enjoy some of the most predictably sunny weather in the country, but even minor changes can result in major safety hazards. An increased awareness of road conditions that can result in dangerous conditions may help you avoid an accident.

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Wet Roads

We all know that California cities often crawl to a stop during heavy rains, but most of the precipitation on the roads is not heavy rain, or rain at all. With daylight savings time approaching, the days feel shorter and many drivers will be making their morning commute in the dark. Condensation settles on the road heavier this time of year than most. Even cities in Southern California, like Los Angeles, Orange County (which includes major business hubs like Costa Mesa and Irvine), and all the way down to San Diego, experience higher levels of morning dew. Similar to black ice in colder climates (some parts of California of course to have black ice as well), dew can be unrecognizable and therefore even more dangerous. If you are driving in the morning or evening, consider there may be more condensation on the roads than you can see, making fast stops and high speeds dangerous. Every year, drivers are injured and killed in California car accidents that are the result of a driver not realizing slick conditions on the roadway. Slow down, give yourself more time to break, and remember that there's more water on the road than you see, even if it is in the form of dew or fog.

Fog

Similar to dew, fog becomes a safety issue this time of year, especially in coastal cities and mountainous areas. Fog presents many safety hazards, and is a more obvious dangerous condition than dew, as drivers can readily see their visibility is impaired. Don't use your bright beam headlights - it doesn't help and it makes the situation even more dangerous for other drivers. Drive slower, put your normal lights on, and give yourself plenty of time to get to and from your destination. Keep your foot on the brake, as fog can be more dense in some areas and significantly decrease vision. The California Highway Patrol responds to fog-related accidents resulting in injury and death every year at this time, sometimes single-car accidents where the driver becomes disoriented and crashes. Avoid crashing your car in fog by taking it slow and proceeding cautiously.

Pedestrians

Halloween is, of course, a time of great excitement and increased pedestrian traffic. It is not just the neighborhoods, either. Consider there are more people at the grocery store and shopping mall, and as happens during every holiday season, people preparing for holidays are often aloof and not paying attention. Auto versus pedestrian accidents often result in serious injury or death, as no person is a match for a moving automobile. Pedestrians bear responsibility too: if you are walking in areas that pedestrians share with cars, remember to keep your eyes up and stay off your cell phone. Drivers owe pedestrians a heightened level of care because they are driving heavy machinery that can be dangerous and deadly. Pedestrians too can help avoid accidents simply by paying attention and acknowledging they see drivers, and visa versa.

Darkness

Daylight savings time results in more darkness, especially in the early evening. You should drive more slowly in the dark, taking more time to get to your destination. Remember that visibility is decreased, meaning other cars, bicyclists, and pedestrians are more difficult to see. Drive slowly, and remember that your response time is diminished when it is dark outside.

Involved in a Fall Weather Car Accident or Injury?

For those unlucky enough to be injured in a car accident, or an auto versus pedestrian accident or slip and fall injury, the road to recovery can be challenging. Insurance companies are notoriously difficult to work with and even more difficult to get fair compensation for your losses. Speaking with an experience personal injury attorney may be advisable. If your injury wasn't your fault and you are wondering how you will pay for everything, a good injury law firm will be able to give you sound counsel regarding your options. The Lions Injury Lawyers help people throughout California bounce back after an accident. If you are wondering what to do and how you will recover, the attorneys at The Lions Injury Lawyers will be more than happy to give you a free case assessment, as well as recommend medical providers that may be willing to provide high quality healthcare at no cost up front.

Going With a "Local" Attorney: Pros and Cons

After a car accident in which you were injured, you may wisely decide to discuss your case with an injury attorney. The benefits of talking about what happened can be great, and there really is no risk - all injury attorneys will gladly discuss your incident free of cost. But before you get on the phone, which law firm or attorney should you call? This blog post will address the pros and cons of going with a "local" attorney.

What To Look For In an Injury Attorney

Consider first that your lawyer will be your advocate, your representative. You want he or she to be familiar with all aspects of injury law where you live. If you live in California, this means the lawyer will be admitted to practice law in California. The laws regarding injuries are the same in California whether you live in San Diego or San Francisco. In this regard, the attorney who's office is down the block from where you live is not more qualified or experienced to handle your car crash if the accident happened locally. More important than geography is experience and expertise in the specific practice of injury law. Thus, if the attorney practices injury law exclusively, he or she may be more likely to be successful in handling your claim than a "generalist" attorney. This is similar to medicine. If you have a specific injury, say to your eye, you could certainly visit your primary care physician, who would be able to help you with your injury, to some extent. However, a doctor specialized in eye injuries, such as an opthamologist, would certainly have the expertise and experience to give you thorough, high-quality care. The law is similar. The more specific an attorney's practice, the more likely they are to be up to speed on that specific area of law. 

Is Local Better?

In short, no. Consider that your attorney will be corresponding with the at-fault driver's insurance company on your injury claim. Your attorney will be your advocate, fighting for your fair and reasonable recover. This is done via letter, over the phone, and if necessary, in court. The vast majority of injury cases in California, no matter where you live, will settle out of court. Your attorney will be discussing your claim with attorneys for the insurance, who may be located anywhere in the country. For example, several large insurance companies have their main offices in Georgia, Arizona, and on the east coast. Their attorneys may or may not be in California. Again, technology allows representatives from all over the country to handle the matter. Thus, whether your attorney lives hours away or down the street, his or her skill in injury law is what matters, not how close you live to the office.

Should I Meet My Attorney In Person?

This may be a surprise to many people, but often times claimants (injured people who hire an attorney) never meet their attorney in person. Why? It is simply not necessary in most cases. How is this possible? Again, technology. Your attorney's office will request all medical documents directly from your doctors. You will provide the office with photographs and any applicable documents related to your California car crash, and your attorney will go from there. There are, of course, some cases where meeting in person with your attorney may be beneficial. Some attorneys utilize Skype or FaceTime, or other live video apps, to make this possible. Your attorney should be willing to meet with you personally, but don't assume you will get a better outcome if you meet with your attorney in person. Your case comes down to the facts - and you attorney's skill in advocating your injury claim. A good injury lawyer will do this regardless of whether you meet in person.

What About Going To Court?

Most car accident cases never go to court. Court is expensive, inefficient, and takes a very long time. In the end, you are not likely, in many cases, to get more money for your injury case if it goes to court. Thus, your injury lawyer will, in many cases, be able to get you just as much money outside of court, either in pre-litigation negotiations, mediation, arbitration, or any setting prior to court. If your case goes to court, your injury attorney will make appearances on your behalf, regardless of where their office is located. Therefore, injured people are usually better off choosing an attorney who handles lots of injury cases, rather than just choosing the lawyer who has an office in town or down the road, or where the accident happened. In most cases, where the attorney's office is physically located is not important. 

The Lions Injury Lawyers represent clients throughout the state of California, from San Diego all the way to the Oregon state line. The Lions Injury Lawyers practices injury law exclusively. Wondering what your case is worth, how to proceed, or what you should be doing after a car crash? Call the Lions Injury Lawyers to discuss your car crash case with an attorney today. 

"Delayed" Car Accident Injuries

The variety of injuries you may suffer if you are involved in a car crash is expansive. There are typical injuries, such as fractures, cuts, whiplash, and neck strain. Some of these appear immediately, such as a broken bone or a laceration (cut). However, some injuries do not appear until several days or weeks after the accident. What then?

See A Doctor

The best advice is always to seek the treatment and evaluation of a qualified medical professional. Often times this means a visit to your primary care provider. However, if your health care provider is like most medical offices, getting an appointment is not easy. For many offices is Los Angeles and Orange County, which are heavy populated areas, it can take weeks and even months to get in to see your doctor. If you are frustrated with the amount of time you have to wait to see a doctor, you are actually appropriately justified in feeling that way: it is critical to your health that you see a doctor after an injury accident, especially when you cannot determine the full extent of your injuries by yourself. 

Go To Urgent Care If Necessary

If you can't get in to see your doctor, or you feel you are being marginalized and turned away with minimal "gloss-over" care at your normal doctor's office, you should go to an Urgent Care facility, even if you have to pay out of pocket. Sometimes, an established injury attorney may be able to sign a lien so you can visit an Urgent Care facility at no out of pocket cost to you. The important this is to see a doctor as soon as possible.

What If Your Injuries Only Appear Later?

"Delayed" onset injuries are common in car accidents. Why? Your body responds to trauma and high-stress environments differently than it would in other circumstances is one reason you may not feel the injury right away. Consider than after a car crash, you may be scared, worried about your vehicle, worried about the safety of your passengers or the driver of the other vehicle - the number of things you have to consider all at once is overwhelming, for anyone. Your brain can only handle so much stress. It is rare, but occasionally people who suffer even severe fractures and lacerations do not notice until hours after the accident because they are preoccupied with handling immediate concerns at the scene of the accident.

When injuries appear that you connect to the crash, you still need to seek medical attention. Your car accident attorney will be well versed in arguing on your behalf. Don't expect the insurance company to pay you for your injury unless it is appropriately documented in your medical records. The only way to do this is to see a doctor as soon as possible.

What Kind Of Injuries Are Often "Delayed?"

There is no definitive list as to which injuries that result from car accidents show up later, but the most common injuries are whiplash, concussions, sprains to the neck and back, and bruising. Every person's body reacts differently, but injuries to the "soft tissue" areas of your body, such as muscles, ligaments, and tendons, can take time to exhibit symptoms, due to the body's endorphin and adrenaline response, which tries to cover up or less pain associated with damaged tissue or bone. 

Will The Insurance Company Pay Your Medical Bills?

The answer depends on how you approach your injury and your injury claim. If you simply submit your medical bills on your own to the at-fault driver's insurance, you do not have a high chance of having your medical bills paid. Why? If you did not seek immediate treatment, they will almost always deny payment, saying there is an inexcusable "gap in treatment." At The Lions Injury Lawyers, we have seen insurance companies deny payment on medical bills that were incurred only two days after a major accident. (Of course, we fought and won, and they ended up paying. But without an attorney, the claimant would have had to pay out of pocket). A good injury attorney will make sure the insurance company pays them. Do not expect them to be paid just because you say the bills are a result of your car accident. Even if the police report says their insured is at fault, and you went to the doctor immediately, insurance companies are notorious for using a very long list of excuses for not paying medical bills.

You're Feeling The Effects of Your Crash - Now What?

You deserve to be fairly compensated for your injuries. That won't happen easily. The Lions Injury Lawyers know the ins and outs of the insurance industry's approach to injury claims, including the tricks and traps they utilize to minimize the amount of money they will pay you for your claim. Don't get taken advantage of. Even if you don't sign up with our firm, you owe it to yourself to speak with someone who has done this before. (Or, preferably, thousands of times before!) When you call The Lions Injury Lawyers, you'll speak with an attorney, not a salesperson. We are not a legal marketing firm - we don't just sign up clients and sell their files to other law firms. We will fight to get you fair compensation and make sure you don't get taken advantage of by predatory insurance adjusters. Serving all of California, including Orange County, CA, Los Angeles, CA, San Bernardino, CA, San Diego, CA, and the inland empire, we are ready to help you get what you deserve.

Just a "Mild" Brain Injury?

If there's one thing a good injury attorney is accustomed to, it is the defense or insurance companies' insistence on minimizing the significance of an injury. What you may call a broken leg, they will call a "fracture to the lower extremity." Doesn't sound so bad, does it?  But why would an insurance adjuster do this? End of the day, it is all about money. The less severe, the less life-altering the injury, the less money the insurance company will pay for your injury. But how does this play out when your brain is involved?

Unlike with a broken leg, a brain injury can be hard to see, and for all except the most specialized medical professionals, difficult to diagnose and explain. Yet for the injured person, the affects of a brain injury can be devastating. The Center for Disease Control (CDC) is somewhat helpful in explaining what a brain injury is:

"A concussion is a type of traumatic brain injury -or TBI-caused by a bump, blow, or jolt to the head or by a hit to the body that causes the head and brain to move rapidly back and forth. This sudden movement can cause the brain to bounce around or twist in the skull, stretching and damaging the brain cells and creating chemical changes in the brain."

Southern California is home to millions of people, and many are driving to and from work and play throughout the day. With so many people relying on commuting on a daily basis, Southern California, particularly Orange County and Los Angeles County, is home to a large number of car accidents every day. Often times the injured person complains of symptoms commonly associated with car accidents, such as whiplash, soreness in the back and neck, and headaches. The last symptom, which can range from occasional head pain, to all encompassing and debilitating migraine headache, may be a TBI.

How will you know if you are just having a bad headache, or if you suffered a concussion or TBI? A visit with the appropriate medical professional is crucial. Usually, this means visiting your primary care physician, and then getting a referral to see a specialist. Sometimes, it can take a long time to see your primary care doctor. In this case, most law firms in California, especially in LA County and Orange County, are able to sign lien paperwork with certain doctors offices. This means the doctor will treat you, and you won't have to pay out of pocket. When your case closes, a portion of the money will go to pay for the doctor's bills. Because brain injuries can be severe and life-altering, an experience injury attorney will always make sure that access to the right doctor does not keep the client/patient from seeking appropriate care.

What Symptoms Should You Look For?

If you're worried you've experienced a concussion or TBI after a car accident (or any other type of impact that injured you), you should be aware of any of the following symptoms: headache, nausea, vomiting, vertigo (problems with balance), vision problems, fatigue, sensitivity to light and noise, numbness and a dazed or stunned sensation that reoccurs. Additionally, if you feel mentally "foggy" or slowed down, are having a difficulty concentrating and remembering, or are more forgetful and confused than normal, this may indicate that you suffered a brain injury. Emotionally, if you feel more irritable and sad than normal, or are more nervous that normal, you may have suffered a TBI. Finally, if your sleep patterns have altered, such as feeling drowsy when you normally wouldn't, are sleeping more or less than usual, and are having trouble falling asleep, these changes may indicate a brain injury.

What To Do Now?

If you suffer from any of the above-mentioned symptoms, most car accident attorneys will advise their clients to seek medical attention as soon as possible. If access to medical care is a challenge, your call to an injury attorney may make it possible for you to see the right doctor very soon, and not have to pay out of pocket. The Lions Injury Lawyers, P.C. has handled many brain injury cases for clients who have suffered concussions. When the client is unable to get appointments with their normal doctors, The Lions Injury Lawyers, P.C. are willing to sign lien paperwork so that its clients can receive immediate healthcare and not have to pay out of pocket. If you or someone you care about is concerned about a possible brain injury as the result of an accident or car crash, call the Lions Injury Lawyers, P.C. today. You will discuss your case with an attorney who has handled this type of cases, not a salesman.