Personal Injury at Law Offices of Juan J. Vera

Slip-and-Fall Accidents and Injuries

Trucking, Commercial Vehicle, and Big Rig Accidents

Wrongful Death Accidents

Motor Vehicle Accidents - Automobile and Motorcycle

Dog Bites and Animal Attacks

 

SLIP-AND-FALL ACCIDENTS AND INJURIES:

Slip and fall accidents occur every day in this country. Since property owners are responsible for maintaining their premises in a safe condition and must warn of possible hazards, they may be liable for all injuries resulting from that unsafe condition on their property.

If someone slips and falls or is otherwise injured as a result of a dangerous condition on premises owned, maintained or operated by another, the injured person may be entitled to just compensation against the property owner or operator legally responsible for all injuries harm caused by that dangerous or negligent condition.

CAUSES OF SLIP-AND-FALL ACCIDENTS:

A slip-and-fall accident can occur nearly anywhere, on public or private property, indoors or outdoors. A slip-and-fall injury can occur because of hazards such as:

  • •  Adverse weather conditions.
  • •  Uneven sidewalks or walkways.
  • •  Poorly lit or unmarked pathways or stairs.
  • •  Wet or slippery surfaces.
  • •  Unseen obstructions or obstacles.
  • •  Poorly maintained flooring or carpeting.
  • •  Missing or defective stairs or steps.
  • •  Uncovered and unmarked potholes.
  • •  Uneven ground or surface without warning signs.
  • •  Building Code violations.

In many cases, an expert witness may have to be hired to evaluate and to testify as to the dangerousness of those premises. As an experienced personal injury law firm, we will obtain all suitable experts required to prove your case.

TYPES OF SLIP-AND-FALL INJURIES:

Injuries from slip-and-fall accident can range from relatively minor scrapes and bruises to serious fractures type injuries to catastrophic brain and spinal cord injuries or even death. Often these serious and catastrophic injuries result in permanent disabilities and long term pain and suffering and lifelong medical care. Fatality injuries often leave the survivors and dependents with funeral and burial expenses and loss of financial support.

SLIP-AND-FALL DAMAGES:

If you or a loved one has sustained a slip-and-fall or was otherwise injured by a dangerous condition on someone else’s premises, contact this office to see if you have a viable case. You may be entitled to just compensation for your medical expenses, pain and suffering, lost wages, and loss of future earnings.

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TRUCKING, COMMERCIAL VEHICLE AND BIG RIG ACCIDENTS:

Any number of people associated with that truck may be responsible for that accident including the truck driver, the trucking company itself, a truck leasing company, a cargo loading company, the truck manufacturer or maintenance company, or even the governmental entity responsible for the design and maintenance of the roadway where the accident occurred. Moreover, each of these commercial and governmental entities may have their own separate liability insurance policy which may potentially cover a big rig accident.

Given the disparity in size between a commercial big rig and a typical passenger vehicle, the truck driver is usually uninjured while the occupants of the passenger vehicle often sustain serious or critical injuries or even death.

If someone is injured in a big rig collision, that injured party may be entitled to just compensation against the truck operator and/or any number of the above companies associated with that trucking accident.

FMCSA REGULATIONS:

The FMCSA “Federal Motor Carrier Safety Administration” is a federal agency tasked with the responsibility of requiring and enforcing regular vehicle inspection and maintenance records, mandatory driver’s logs, vehicle load documentation and other safety records. Many trucking accidents are the result of violations of FMCSA rules and regulations.

CAUSES OF TRUCKING ACCIDENTS:

A trucking accident can occur anytime and anywhere and usually result from one or a combination of the following common conditions:

  • •  Inclement weather.
  • •  Driver error.
  • •  Driver fatigue or intoxication.
  • •  Improper vehicle maintenance.
  • •  Improper vehicle loading.
  • •  FMCSA violations.

 

In many such cases, expert witnesses may be required to evaluate and to testify as to the cause of the accident and which parties are legally responsible

As an experienced personal injury law firm, we will obtain all experts required to determine whether the commercial trucking company complied with all relevant FMCSA regulations and to ascertain which commercial and governmental entities should be held responsible for your accident.

TRUCKING ACCIDENT INJURIES:

Unlike a typical collision between ordinary passenger vehicles, trucking accident injuries often result in much more than whiplash injuries. Statistically, trucking accident injuries often result in catastrophic injuries to the brain and spinal cord and sometimes death. Catastrophic injuries can result in permanent disabilities, long term pain and suffering and lifelong medical care. Fatality accidents often leave the deceased dependents with funeral and burial expenses and loss of future financial support.

TRUCKING ACCIDENT DAMAGES:

If you or a loved one has been involved in a trucking accident, please contact this office so we can evaluate your case to see if you may be entitled to just compensation for your past, present and future medical expenses, pain and suffering, lost wages and loss of future earnings.

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HOW CAN A WRONGFUL DEATH CASE ARISE:

Wrongful death claims can arise out of any accident or mishap as a result of another person’s negligent, intentional, or other wrongful conduct or actions. The most common wrongful death cases arise as a result of the following incidents or occurrences:

  • •  A commercial trucking accident
  • •  A automobile or motorcycle accident
  • •  A dog bite or other animal attack
  • •  A slip and fall accident

 

WHO MAY BRING A WRONGFUL DEATH CASE?

The California wrongful death statutes authorize only the “heirs” and “dependents” of the deceased to recover for the wrongful death of the deceased. Typically those potential claimants include the following persons:

  • •  The deceased's surviving spouse or domestic partner.
  • •  Children of the deceased.
  • •  Grandchildren of the deceased.
    • •  Should there be no surviving children or grandchildren, then heirs to the deceased's.
  • •  Property under state intestacy rules.
  • •  Parents or stepchildren of the deceased who were dependent on the deceased for support..
  • •  A minor who lived in the home of the deceased for at least 180 days prior to the death and who depended on the deceased for at least (2) one half of his/her support.

 

RECOVERABLE DAMAGES IN WRONGFUL DEATH CASE:

The following is a list of the usual damages available to a wrongful death claimant when applicable by the facts of the case:

  • •  Funeral and burial expenses.
  • •  Financial support including loss of the deceased’s future earnings.
  • •  Value of household services.
  • •  Funeral and burial expenses.
  • •  Loss of medical and retirement benefits.
  • •  Loss of the decedent’s love, companionship, comfort, affection, society, solace and moral support.
  • •  Loss of consortium to the spouse or domestic partner.

 

If your loved one has died as a result of an accident or other harmful conduct of another, please contact this office so we can evaluate your case to see if you may be entitled to wrongful death damages for your tragic loss.

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MOTOR VEHICLE – AUTOMOBILE AND MOTORCYCLE ACCIDENTS:

California law defines a motor vehicle as a passenger car, pick-up, motorcycle, (RV) recreational

vehicle and most other self propelled vehicles. Automobile accidents occur every day in this country. In addition to the other driver who caused the accident, other people may share responsibility for that accident including the registered owner of the vehicle, and parents of a under-age driver. Occasionally, governmental entities are negligent in designing or maintaining the roadway where motor vehicle accidents occur.

Any of these other persons or governmental entities may carry their own separate liability insurance policies which could potentially cover an accident. An increasing number of accidents are caused by drivers who are uninsured or under insured for an accident leaving their victims with less than full compensation for their injuries and damages.

FINANCIAL RESPONSIBILITY AND UNINSURED MOTORIST LAWS:

Regardless as to whom is at fault, every driver and registered owner of a motor vehicle involved in an accident, is required to report that accident within ten days with the Department of Motor Vehicles. Any such person who fails to timely file the appropriate DMV accident report and provide proof of financial responsibility, risks fines and possible suspension of his driving privileges.

UNINSURED/UNDER-INSURAED AUM/UIM COVERAGE:

Often a vehicle and its operator who caused the accident has no insurance or so little insurance coverage as to severely hamper an injured person's ability to be fully compensated for his/her injuries and damages.

An uninsured motorist (UM) accident is one in which both the responsible operator and vehicle which caused the accident failed to possess valid automobile liability insurance at the time. Similarly, an under-insured motorist (UIM) accident is one in which the responsible operator and vehicle which caused the accident failed to possess a sufficient amount of liability insurance in which to fully compensate the accident victim for all his injuries and damages.

Should there be to little or no insurance possessed by the party responsibility for your accident, the injured party may often seek relief by making a UM/UIM claim under his own personal auto policy or, when applicable, against the insurance policy of another’s motor vehicle in which he was a passenger at the time of the accident

Uninsured/Under Motorist Coverage is designed to compensate for injuries and damages sustained by an injured person as a result of an accident caused by an uninsured or under-insured party responsible for that accident. Unless (UM) uninsured motorist coverage is expressly declined at the time the policy is taken out, the typical auto policy includes UM coverage which covers the named insured who took out the policy along with those members of his household.

Uninsured motorist vehicle coverage may also apply in circumstances not normally contemplated by the ordinary layperson. For example, it may apply when an uninsured driver strikes a pedestrian, bicyclist or a motorcyclist. It may also apply in a a hit and run case provided there was physical contact between the vehicles and that the accident is timely reported to law enforcement and the applicable insurance company.

MEDICAL PAYMENTS MED PAY COVERAGE:

Many automobile insurance policies provide for optional coverage known as medical payments or med pay coverage. Medical payments coverage pays for reasonable accident-related medical expenses incurred within a certain time frame after the accident, regardless as to who is at fault. Typical med pay coverage pays for medical expenses incurred within one year from the date of the accident and up to the amount of its limits, usually $5,000.00. Med pay coverage may cover more than just the named insured who took out the insurance policy as it often covers other occupants in the insured's vehicle such as family members and friends who may have also been injured in the accident.

With certain exceptions, when the injured party recovers money from the responsible party and/or his insurance company, he may be required to reimburse his med pay insurance. An experienced and knowledgeable personal injury attorney will know whether reimbursement is required, and if so, can usually negotiate a reduction on the amount of your reimbursement depending on the facts of your case.

CAUSES OF MOTOR VEHICLE ACCIDENTS:

A motor vehicle accident can occur anytime and anywhere and usually result from one or more of the following common conditions:

  • •  Inclement weather.
  • •  Driver error.
  • •  Driver fatigue or intoxication.
  • •  Driver inattentiveness or distraction.
  • •  Improper vehicle maintenance.
  • •  Improper roadway design or maintenance.

 

In many such cases, expert witness testimony from an accident reconstructionist may be required to establish the cause of the accident. Moreover medical and biomechanical experts are often used to testify as to the nature of any physical and psychological injuries as well as the reasonableness of medical billings and expenses.

As an experienced personal injury law firm, we will obtain all experts required to establish the cause of your accident as well as medically prove your physical and psychological injuries and associated medical and other economic and non-economic damages and expenses.

MOTOR VEHICLE ACCIDENT INJURIES:

Injuries from a motor vehicle accident can range from minor scrapes and bruises, to the more serious fracture injuries, and even to catastrophic brain and spinal cord injuries or death.

Often traumatic and catastrophic injuries result in permanent disabilities and long term pain and suffering and lifelong medical care. Fatality injuries often leave the survivors and dependents with funeral and burial expenses and loss of financial support.

MOTOR VEHICLE ACCIDENT DAMAGES:

If you or a loved one has experienced a motor vehicle accident, please contact this office so we can evaluate your case to see if you may be entitled to just compensation for your past, present and future medical expenses, pain and suffering, lost wages and loss of future earnings.

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DOG BITES AND ANIMAL ATTACKS:

Dog bite attacks every day in this country. Since dog owners are responsible for damages suffered by any person who is bitten by their dog while on public place or private property, they may be legally responsible for all injuries and harm caused by that attack.

CALIFORNIA DOG BITE AND ATTACK STATUTES:

A dog owner can be strictly liable for the damages suffered by a person bitten by the owner's animal. There is no requirement that the dog owner had prior knowledge of the dangerous propensities of his dog nor need prove that the dog have bitten anyone in the past. California Civil Code § 3342 holds the owner of the dog who bites another person, strictly liable whether or not the dog had a vicious propensity and whether or not the owner had actual or constructive knowledge of any such propensity.

In many cases, the owner’s home owners or commercial property insurance may not provide liability coverage for a dog bite attack. Hence, an experienced personal injury attorney may be required to ascertain all potential insurance policies and address any insurance coverage issues which may arise in connection with that injury claim.

TYPES OF DOG ATTACK INJURIES:

Many injuries from dog bites and animal attacks result in painful and permanent disfiguring injuries and unsightly scarring, particularly to small children. Disfiguring injuries and permanent visible scarring may require corrective or cosmetic surgery to restore functionality and improve appearance. As an experienced personal injury firm, this office can arrange to have the victim of a dog attack evaluated by a qualified plastic surgeon to address any functional impairment or unsightly disfigurement.

DOG BITE AND ANIMAL ATTACK DAMAGES:

If you or a loved one has experienced a dog bite or was otherwise injured in an animal attack, contact this office. We will evaluate your case to see if you may be entitled to just compensation for your past, present and future medical expenses, pain and suffering, lost wages and loss of future earnings.

 

 

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