Slip and Fall Attorneys, Find a Personal Injury Claim Lawyer

When it comes to auto accidents, people often wonder if they should contact a injury lawyer right away. It depends on the situation.

When to run to an attorney and when to walk. Contacting an attorney who deals with personal injury (especially relating to auto accidents) can provide you with the peace of mind that no stone gets left unturned. Here are some tips for when you should run to an attorney and when you can just walk:

-Run to an attorney when:

-An injury has occurred where there has been serious injury (broken bones / hospitalization) or where injuries are likely to be -permanent (paralysis);

-A death has resulted from the accident;

-Fault is clearly an issue;

-Other parties were involved such as pedestrians or other autos;

-The accident occurred in a construction area;

-A police report does not accurately describe the accident and puts you at fault;

-Important technical, legal or medical issues are involved;

-The limits of your liability insurance are low,

-You have no insurance,, or your insurance company suggests that you did not pay your premium.

-Your insurer starts “acting funny.”

-Your insurer involves its own attorney (in this case, sprint!).

Walk to an attorney when:

-Seeking advice on the settlement value of a claim (while not an exact science, attorneys may be able to provide best and worse -case scenarios);

-Unsure if other insurance (homeowners, travel, etc.) may be available;

-Fault may be an issue;

-Determining whether your insurer may be acting in bad faith (not looking out for your best interests);

-Seeking information on how to handle negotiations with an insurer;

-You don’t know your rights;

-Confused over the terms of your policy;

-Needing an expert to review confusing paperwork or forms.

(Source: http://accident-law.freeadvice.com/auto/attorney-and-car-accidents.htm, 2007)

Auto accidents can also be categorized by whether or not alcohol is involved. The gravity of the situation can also be determined by what injuries were incurred. Houston Personal Injury Lawyer


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Motor vehicle accidents happen every day in British Columbia. In fact, 78,000 people were injured in motor vehicle crashes and 459 were killed on the roadways of British Columbia in 2005, according to the Insurance Corporation of British Columbia (ICBC). On any given day, there are 695 crashes, injuring 215 people, the ICBC also reports. Of these, at least one is fatal.

Determining liability

Determining liability, or who is at fault, in a motor vehicle accident is essential for a personal injury claim. Damages are awarded for injuries you suffered due to the negligence of another party.

If it is determined that you are partially at fault for an automobile accident, you will only collect that percentage of damages that were not your fault. For example, if it was found that you were 30 percent responsible for your accident, you will only be able to receive 70 percent of damages for your injury claim.

You can receive benefits for your injuries including:

If the accident is entirely your fault, you will not be able to receive compensation for your injuries. However, you may still be able to collect no-fault benefits.

No-fault benefits

In general, if you are injured in an auto accident in British Columbia, even if you are determined to be at fault, you can collect “no-fault” benefits. Also known as “Part 7 Benefits,” these accident benefits are provided by the ICBC and cover medical and rehabilitation expenses up to a maximum of $150,000. These no-fault benefits can cover expenses in the categories of:

These particular benefits can cover specific expenses such as:

Decision of fault

The ICBC usually makes a quick decision when determining who is at fault. Often times, they do so without fully investigating a motor vehicle accident. It is important that witnesses are spoken to, police reports are analyzed, weather conditions are reviewed, driver statements obtained, and many other factors regarding liability are closely examined before a decision is made.

This is why it is important to consult an experienced British Columbia automobile accident attorney who can investigate your accident and advise you as to whether or not the crash was partially your fault.

If you are unsatisfied with the decision that the ICBC claims adjuster has made, there is an internal review process that you can undergo. You may also pursue your injury claim in small claims court or in the British Columbia Supreme Court. In this case, a jury or judge will determine who is at fault, and the ICBC must accept and honor that decision.

If you are a passenger injured in a motor vehicle accident, fault will not be an issue. Other factors that may have contributed to your injuries can potentially reduce the amount of compensation you can collect.

If you are injured

If you have been injured in an automobile crash or SUV rollover accident you are probably looking for information on how to address your rights, responsibilities, and where to turn for help. A personal injury lawyer can help you review your rights while making an ICBC claim and walk you through the claim process. An ICBC claims lawyer will fight for your rights and work to obtain a fair settlement for your personal injury claim.


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Orange County Auto Accident Lawyers are in shock that the California Supreme Court has severely limited the protection afforded to Good Samaritans in California. Despite a recent ruling by that court, it is both sad and heartwarming to see that good deeds are still being attempted, even at the risk of life in Orange County.

 

Only days before the Supreme Court decision, a Good Samaritan female nursing student was trying to help a disabled driver, and both were walking on the I-5 Santa Ana freeway in Orange County when another driver crashed into the back of a car and shoved it into the two females. One of the female Good Samaritans, the 20-year-old nursing student was killed. The other female, a 16-year-old she was helping, was seriously injured.

 

Now, unfortunately, as a result of a new court ruling in California, if a Good Samaritan in trying to assist another does some additional harm to the person they are helping, they can be sued by a lawyer on behalf of the victim they tried to help anywhere in California.

 

If you need assistance with a personal injury or wrongful death matter or would like more information on this subject, we invite you to call us at any of the numbers easily found on our website at http://www.SebastianGibsonLaw.com

 

The new ruling comes by way of the highest court in California, the California Supreme Court, which means that the only way this interpretation of the law can be changed is by a subsequent ruling by the same court, which is unlikely, or by the State Legislature, which, even though it has its share of lawyers, right now can’t even agree on a budget.

 

The Court’s 4-3 ruling on December 18, 2008 comes as a result of an auto accident that occurred on Halloween night in 2004. A women was a passenger in a car that ran into a light pole at 45 mph. Her friend, who was in the car behind her, pulled the first woman by her arm from the wreckage in the belief that the car was about to explode and then allegedly dropped her. Unfortunately, the woman’s injuries left her a paraplegic and she sued her friend who pulled her out of the non-exploding car in the belief that the Good Samaritan’s rescue efforts caused her paralysis.

 

The Supreme Court was forced to interpret the California Good Samaritan law which is in the section of the state code dealing with emergency medical care and which states, “No person who in good faith, and not for compensation, renders emergency care at the scene of an emergency shall be liable for any civil damages resulting from any act or omission.”

 

Interpreting that law, the California Supreme Court held that the state’s Good Samaritan law only protects you from being sued if you render medical care at the scene of an emergency. If on the other hand you are just rendering aid or help in a non-medical way, such as pulling someone out of a burning car, you can now be sued. That doesn’t mean you will be found liable. That’s for a judge or jury to decide. But the fact that you can be sued, means that without insurance to protect you, you will undoubtedly need an attorney or lawyer to represent you, you will need to pay that lawyer his or her attorney’s fees and costs to defend you, which in a typical personal injury case can cost tens of thousands of dollars.

 

Worse yet, if by chance your actions as a Good Samaritan cause significant injury and a judge or jury of your peers decides that you really botched it when you took the actions that you took, perhaps in a mistaken belief that you were doing a good deed, a court of law could find you responsible for hundreds of thousands of dollars or millions of dollars if the resulting injuries are severe.

 

Whether or not any of these situations were covered by the Good Samaritan Law in California to begin with, it is possible that these situations could also now put you into hot water and into court as a possible defendant in a personal injury lawsuit:

 

1. Donations of bad food – Have you ever given old canned food to a food drive and failed to look at the dates on the cans? What if the food in those cans were beyond the expiration date and causes food poisoning? You might be held responsible in such a case, Good Samaritan Law, notwithstanding. Beer that is past it’s expiration date probably won’t be a problem for you but if someone serves it to a minor who drinks it and gets into a car accident, the server may face a lawsuit.

 

2. Donations of organs – Say you are still alive and donate an organ that fails after it is given to a sick patient or you give an organ upon your death that does no more good to the person it is given to than it did for you? Sounds like the deed of a Good Samaritan. And if you drank too much wine while you were alive and your shot liver is given to someone else upon your death, your estate may regret all that wine you drank while you were alive if the liver recipient doesn’t do well with your alcohol soaked liver. Still, we hope this is not the case.

 

3. Jumping into a swimming pool to save a drowning person – If, in pulling that person to the side or lifting them out of the pool you cause them injury, you can clearly be sued under this new ruling. And, if you proceed to give the person artificial respiration, but botch that as well, or if you botch it so badly, a jury or judge decides that you weren’t even rendering medical emergency treatment, a vindictive jury may hold you responsible for causing the swimmer’s death or additional injuries, such as brain damage.

 

4. What if you’ve been watching too many movies and you knock a person down or jump onto them to protect them from being shot by a bank robber running away and in so doing break their neck? Guess what? You may have just won yourself another lawsuit.

 

5. And if you swerve to avoid hitting a dog and hit another car instead? I hate to tell you, but in this situation, courts and insurance companies will almost always find you to be at fault, in the belief that a dog’s life has little value (this is not my opinion) and if you cause injury to another human just to save the life of an animal, you take the fall.

 

6. If you help someone out of a burning airplane, push them out the door into the chute and they take a header onto the tarmac, guess what? Some lawyer may slap you with a lawsuit.

 

7. If you see someone choking on a piece of meat in a restaurant and rush to perform the Heimlich maneuver, don’t bruise their ribs getting the person to cough up that piece of food. Otherwise, you guessed it. An attorney’s lawsuit may be served on you with your next meal.

 

8. Then there are those unfortunate EMS helicopter pilots. There has been a rash nationwide of EMS helicopters crashing as they transport accident victims from the scenes of their auto accidents to nearby hospitals. Since the pilot is not rendering medical treatment, it’s likely that they can be sued and can be found at fault if a judge or jury finds them responsible for some negligence in their piloting of their helicopter.

 

9. Is it safe to open the door for someone? Not if you open the door into their face and cause them an injury. People can still be kind to each other. They just have to be more careful now.

 

10. And finally, when you help another person put on a coat or pull out a chair for someone to sit down, those days of playing pranks on friends by hiding the coat sleeve or pulling the chair out a little too far are gone. They never really were Good Samaritan deeds, but now they absolutely and positively are not.

 

Can a person be sued for not coming to another’s aid? Apparently not, according to the California Supreme Court decision. But a person who does come to the aid of another has a “duty to exercise due care.”

 

If you do pull someone from a burning car, here are some facetious do’s and don’ts:

 

1) First, do not yank the car accident victim’s arm out of their socket when pulling someone from a burning car. Instead, first put on gloves, put on a fire retardant suit, and then with the flames licking at your suit, gently apply a neck brace, back brace, full body brace and with full medical precautions, gently lift the person from the burning wreckage. In the event, you see gas seeping from the gas tank and flames getting closer to the gas, move faster.

 

2) Once you remove the auto accident victim from the burning car, do not drop them on the sidewalk. Instead, gently place them on a warm blanket (not the wet grass where they might catch a cold).

 

3) Immediately, if not sooner, start applying bandages to every part of their body, thus qualifying your actions as emergency medical care. If you can do this while gently lifting them from the burning car, even better.

 

4) Request bystanders to take pictures with their cell phones of you applying bandages to the personal injury victim and acting like a doctor, even if you don’t have a medical license. If by chance you are not a doctor or paramedic, quickly go online, take a crash medical course to become a paramedic, and be sure you pass the test. Then print out your license for all to see.

 

5) Call only the finest medical personnel in the state to the scene of the accident in case your 911 call results in medical malpractice being performed by a newly licensed paramedic and your call is determined not to be an act of administering medical care in an emergency. Obviously, you will want to get onto the internet with your phone or computer and research the local medical professionals. If you can’t get onto the internet to research who would be the best emergency personnel to call to the scene, make the 911 call anonymously.

 

6) If the car that you thought was going to explode just doesn’t seem to want to explode, and you were a little rough in pulling the auto accident victim from their car, you may want to call a tow truck driver to push the car further away as this may prevent other injuries and help your situation. Just be sure to first ensure that any resulting explosion doesn’t hurt any bystanders or the victim you yanked from the car.

 

7) Keep administering medical care to the vehicle accident victim until medical personnel arrive. Since you’ve administered medical care, even if you are not a doctor, the car or truck or motorcycle accident victim is potentially now your patient, and there are rules about abandoning patients.

 

In the event the auto or motorcycle accident victim you’ve saved is delirious, you may also want to provide psychiatric counseling to them, which could conceivably also be considered medical treatment.

 

9) If weather conditions are bad or it is nighttime, and an EMS helicopter arrives at the scene instead of an ambulance, in view of the rash of EMS helicopter accidents in the U.S. you may want to suggest to the accident victim that he or she walks to the hospital as it may be safer. However, keep applying bandages throughout the walk and again, do not abandon your patient.

 

10) Proceed only to the hospital in your area with the best mortality rate. After walking ten or fifteen miles after a horrific car accident, because you stupidly declined medical treatment at the scene, you do not want to walk your patient into a hospital with a high medical malpractice rate or one with a higher fatality rate for car accident victims than ninety percent of the other hospitals in the state.

 

The California Supreme Court decision is rewriting the rules of liability in auto and car accidents, in motorcycle and truck crashes and in personal injury situations in general in the golden state and may make people think twice before acting as a Good Samaritan.

 

If you’ve had a personal injury accident in San Diego, Orange County, Palm Springs, Rancho Cucamonga, Santa Barbara, Yorba Linda, Tustin, Lake Forest, Fountain Valley, Rancho Santa Margarita, Newport Beach, Anaheim, Irvine, Huntington Beach, Corona del Mar, Laguna Beach, Santa Ana, Orange, Fullerton, Costa Mesa, or anywhere in Southern California, we have the knowledge and resources to be your California Personal Injury Lawyer and your Southern CA Personal Injury Attorney. Be sure to hire a California law firm with auto, motorcycle, truck, bicycle, pedestrian, car, bus, train, boat and airplane accident experience, wrongful death experience and insurance law expertise who can ensure you are properly represented and get the compensation you deserve.

 

If you have a personal injury legal matter, a dog bite or if you’ve lost a loved one in a wrongful death accident, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.SebastianGibsonLaw.com and learn how we can assist you.


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The following is an expert answer given by Florida Personal Injury Accidents Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:

Subject: Son injured at Montessori school Question: My son is 5 years old and enrolled in a private Montessori school nursery for Kindergarten.   He was playing in the school’s “smaller” playground when a boy pushed him aside and landed on him and his hand. This was the school’s story…. The school notified us and we went to pick up our son and iced his hand for the rest of the day. We then noticed he was not using his hand or bending it.  Alarmed, we took him to the ER the next day and discovered his wrist was fractured!!!!  Yet he insisted the incident occured on the grass.  He now has a cast on his arm and we are confused as we all know a big kid can’t break another kids bones???   We returned to the school on Monday with doubt and questions.  Our son showed us where and how he fell.  We discovered the already “small” playground had a cement walkway surrounding the grass area; however it was poorly covered with green turf to of course resemble grass (to a 5 yr old anyway).    We then realized he had broken his wrist on the cement not by the boy landing on him.   We reported the finding to the school secretary as the principal was in a conference. We also asked  why it was improperly reported and we were not handed an injury report on the day of the incident. The report was then handed to us 4 days later only to read that our son had tripped and fallen on the ground and several kids had fallen on him (yet another story). We are in shock that the school has such poor playground safety, poor manners of handling incidents and not honest at all.    There should be at least rubber padding or 4 inches of separation from the ground to the cement.   We took photos of the area.   The principal or head of school has yet to return our call for a meeting and it has been a week and a half since the incident.  Our son does not want to go back to school and we don’t trust the school at all.  The safety is poor and we want to report them as well as have them pay for the medical bills. Should we receive compensation and just how liable are they??? Clearly not safe for our son so he is not attending but how do we proceed with closure??? Answer: Your email does not indicate what state you live in.  I am a Florida personal injury accidents lawyer specializing in auto accident injuries, premises liability claims, and Florida workers compensation claims.  I can only advise you on what the law is in Florida personal injury accidents, so it is best that you speak to an accident attorney in your area to find out what rights you may have. A school is held responsible for dangerous conditions which they know about, or should know about, and their failure to protect the children at the school from the dangers.  However, I am not aware of any laws in Florida that require a school to have rubber padding on cement areas surrounding a playground.  Because he was injured at a kindergarten, there may be additional safety requirements for playgrounds, but you need to speak with an experienced accident injury lawyer in your state to investigate further. It is not unusual to get different versions of injuries to children at school.  If the school fabricated the initial story, that is obviously unacceptable.  It may just be the teachers did not see what happened, and they are left to rely on other students accounts of what happened. Regardless, the school should have filled out an incident report detailing all the facts surrounding the incident. Most school have insurance for the type of incident you have described. Their insurance usually includes “medical payments coverage”, or Medpay. Medpay is a type of insurance coverage that pays for medical bills which arise out of an injury that occurs at the school.  If you have incurred out of pocket medical bills, you should speak to the school to find out whether they have medpay coverage.  If so, you need to submit the bills to the school’s insurance company and you will be reimbursed.  You will need a copy of the incident report to obtain the medpay coverage, if it exists. In order to determine whether you have a claim to pursue, you should speak to an accident injury attorney.  Most attorneys specializing in premises liability claims handle the claims on a contingent basis,i.e. the attorneys fee is a percentage of any money they recover for you, and offer a free, no-obligation consultation to discuss whether you have a viable case.

For more information about Florida personal injury accidents, contact Florida premises liability lawyer, Joseph M. Maus at 1-866-556-5529, visit his website at www.mauslawfirm.com, or email him today.


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http://www.ShanaBlack.com

San Diego Lawyer Shana Black is a tough, aggressive attorney in San Diego who practices in the area of personal injury / auto accidents and divorce / family law. If you have been injured in an auto accident, you may want to call San Diego Attorney Shana Black

Attorneys aids (Modern philosophy of legal discovery)

As a direct consequence of cyclists having to share major and minor roadways from extremely busy major city roadways to the less busy, even less dangerous miniscule minor rural small towns of our ultra high mobile society, the resulting mix of large and small fast moving vehicles can be a traumatic and at times deadly combination of conflicts for the experienced and uninitiated adult and vulnerable child bicyclist – the unprotected bicyclist is especially vulnerable and most likely to fair the worst in any vehicle and bicyclist collision.

The essential life protecting bicycle riding skills and techniques essential for the safekeeping of the bicyclist while riding on the highway, especially in extremely highly populated and densely mobile business and residential areas, can be very complex even for the fit, alert and agile bicyclist, Though spare a thought for the less fit, less alert and agile bicyclist, especially considering the near impossible task of attempting to turn from and into a very busy highway at an intersection, when forcibly confronting and assessing high speed vehicles from all directions on a very busy crossroads. The next and deadliest combination is of navigating a very busy street will crossing very fast moving vehicles in the darkest and wet winters night, and what is more apparent – and possibly more deadly, is when the bicyclist is a child or adult and suffers from a physically or mentally challenged condition, especially physically challenged by just at legal eyesight criteria and or deafness, this debilitating disability allows the bicyclist very little opportunity of safely crossing the flow of busy traffic, at even the simplest highway intersection crossing without a high possibility of being involved in an accident involving serious personal injury or even massive fatal trauma.

Walking, riding a bicycle, or in control of a horse drawn carriage was the essential mode of travelling options a hundred years ago in the USA. Even very large cities had fairly stable transportation needs over many decades, and when changes did occur, extensive planning was not a required requisite and usually not even considered. Nowadays, many medium and large cities have large transportation departments and offices, with professionals skilled in transportation planning, civil and environmental engineering, politics and law (Levinson, 1996). A change in transportation options no longer just happens.

City planning departments have been redesigning European cities since medieval times, but the tradition of town planning is very much recent and modern in the United States (Heidenheimer , Heclo, and Adams, 1983, page 241). According to Fegan (1995), US traffic engineers have received less “training in design of facilities to accommodate bicyclists and pedestrians.” In the United States, the automobile reigns supreme with no equals in supremacy. Politicians bankroll their campaigns with automobile related, and not bicycle related contributions. In contrast, in some European countries, bicycling is seen as a viable and important transportation option, championed by politicians and transportation planners alike.

The 1991 Intermodal Surface Transportation Efficiency Act (ISTEA) rewrote the rules for transportation planning in the United States (Ochia, 1993). According to one commentator describing ISTEA “its time for the transportation community to rethink its attitudes and actions regarding bicycling and walking. These transportation modes can play an increasingly significant role in a balanced intermodal transportation system” (Federal Highway Administration, 1992a). However despite the new federal rules, it takes a while for the state administrators to be convinced of its legal obligations towards the most vulnerable road users – bicyclist and pedestrians.

Despite miniscule signs of change, transportation politics and planning in Boston, for example, are still symbolic of the larger car culture in the United States (Williams and Larson, 1996), where cars are sometimes regarding as highly as family pets (Grava, 1993). Despite ISTEA, Bicycle facilities have been taking a back seat to automobiles and highways, with the poor vulnerable bicyclist and pedestrian forced to fend for their selves.

Estimates are that 190.000 vehicles are using the extremely congested highway system each day. Experts expect the new system of improved highway systems to comfortably manage at least 250.000 vehicles each day (Central Artery/Tunnel Project 1998). However, it is reasonable to expect that more roads and fewer tie ups will attract more drivers (Jacobs, 1991), therefore, dangerously increase the risks of serious injury to bicyclist as a consequence of using the unprotected bicycle in an ever increasing extremely dangerous motor vehicle dominated environment.

Despite the relatively small increase in bicycle ownership and use, many serious bicycle related injuries do occur in the United States. Bicycle related head injury is regarded as a serious and costly problem and bicycle helmets are seen as an essential safety aid through the every day usage of bicycles (Centers for Disease Control and Prevention, 1995). The Centers for Disease Control and Prevention recommends, “bicycle helmets should be worn by all persons (i.e., bicycle operators and passengers) at any age when bicycling. Bicyclists must accept that Road Safety is the responsibility of all road users regardless of size of all road vehicles, motorised or non motorised including pedestrians.

. Regardless of your age and level of your riding skills, or travelling on short or long journey, its imperative that you must consider absolute safety first and foremost, force yourself to be prepared for all road traffic conditions, react correctly to all real and perceived threats and potential and real hazards, and be correctly equipped with the up to date correct safety gear and up to date safety advices. If you suffer an accident replace your bicycle helmet with a new safety helmet and any torn safety clothing, that meets the relevant Safety Regulations. Always understand and follow the rules of the road.

These are the safety guidelines which will assist in your protection in the event of a bicycle accident:

1). Wear a safety helmet and ensure the safety helmet is secured correctly – an unfastened bicycle safety helmet offers no protection in an accident.

2). Another important safety aid entails wearing elbow, hips and knees pad protectors, which ensure protection to the rider when falling from the bicycle on the hard road surface – ensure the protective pads are secure, select, purchase and wear the correct bicycling protective clothing which can reduce injuries especially abrasions and scrapes.

3). Purchase and install a bell or horn on the bicycle, and use the device only to inform other road users of your presence and your intentions. For night time riding on the bicycle its imperative to have securely installed and working at all times, and effective and compliant headlight, tail light and suitably positioned reflectors. Before mounting the bicycle check the bicycles lighting system is in full working order.

4). Avoid driving faster than you think, or faster than other road users’ can react to you. Installed reflectors, lighted headlights and reflective stickers will not avoid an accident if the other road user don’t or refuse to react to your presence. Remember road safety is your responsibility and must be incorporated into your plan of action. Purchase, read, understand and practice the safe riding techniques and road safety procedures in The Highway Code Manual, and The Roadcraft Manual. Safety is the responsibility of all road users and bicyclists are no exception.

The comprehensive bicycling safety tips can assist in continuing to benefit from bicycling, and avoid being an accident statistic; prevention of accidents is far better than convalescing and cure.

If as a bicyclist you were involved in a traumatic and debilitating accident, or know of a family member, a loved one, or a valued friend, who received injuries, harm either physical or psychological – through a bicycle related accident, then find a local personal injury attorney free, local personal injury lawyer free. Complete Attorney Index website is a regularly updated local personal injury attorney directory, where you choose and freely contact, your local personal injury attorney, local personal injury lawyer, without your right of Freedom to Choose being abused. Complete Attorney Index website is not a law firm introducer or pre-selection to a law firm directory for local personal injury attorney or local personal injury lawyer, neither receives financial backing, payments from any nation wide, state wide or local injury attorneys, local injury lawyers. Your Freedom of Choice is your protected right – Complete Attorney Index website is intensely independent and intensely unbiased. You search and contact with no introductions whatsoever – exercise your freedom to choose. Search Now! Find local personal injury attorney free. Find local personal injury lawyer free.


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As a direct consequence of pedestrians and necessity to share the major and minor roadways from major cities to the miniscule minor rural small towns of our highly mobile society, the resulting mix can be a traumatic and at times deadly combination of conflicts – the unprotected pedestrian is most likely to fair the worst in any vehicle and pedestrian collision.
The essential street crossings, especially in extremely highly populated and densely mobile business and residential areas, can be very complex even for the fit and agile pedestrian, Though spare a thought for the less fit and agile pedestrian, especially consider the near impossible task of attempting to cross a very busy street, when a mother is in control and responsible for the safety of her precious young children. The third and deadliest combination is of crossing a very busy street crossing is more apparent – and possibly more deadly, is when the pedestrian is physically or mentally challenged, especially physically challenged by blindness and or deafness, this disability allows the pedestrian very little opportunity of safely crossing even the simplest street crossing without a possibility of being involved in personal injury or even massive trauma.
As describe street crossing for some pedestrians can be an extremely complex task even for the fit and agile, as fitness and agility only accounts for part of the complex task of crossing any street, for example, a task analysis for child pedestrians by Van Der Molan, (1981) identified 26 subtasks involved in the simple act of crossing the street safely. In the street crossing task, the road is scanned, traffic is perceived, and judgements are made about the perceived distance, speed and movement of the vehicles this information is analysed, processed and stored and, on the basis of the perceived safety or danger, a decision is made on whether and where to cross the street.
Van Der Molan concludes that various factors have an influence on the pedestrian behaviour and safety:
1). Environment; (road type, intersections, surfacing, lighting, regulations).
2). Traffic; (volume, moving and stationary vehicles, communication).
3). Personal; (physical, psychological, and personal characteristics; motivation, age, experience).
4). Social; (presence of others, personal journey, play).
Pedestrian Accidents.
Street crossing pedestrian accidents have been analysed and been classified in various ways, Snyder (1972) considered the following types as crucial to the argument:
a). Dart out, first half: a pedestrian, not physically at an intersection, appears suddenly from the roadside.
b). Dart out, second half: not physically at an intersection, appears suddenly from the roadside and covers half of the crossing before he is struck.
c). Intersection dash: similar to dart outs, these occur in or near a crosswalk at an intersection.
d). Multi threat: the pedestrian is struck by a vehicle after other vehicles have stopped for him and blocked the view of the oncoming striking driver.
e). Vehicle turns or merges with attention conflict: the driver is turning or merging with traffic and his attention is directed to the traffic looking for a gap to enter or turn when he hits a pedestrian who is crossing the roadway.
f). Bus stop related: pedestrian crosses in front of the bus, which is blocking the view of oncoming drivers.
Without doubt the most common cause of pedestrian accidents relating to Pedestrian Street Crossing – According to the study by Várhelyi and Mkinen (2001), are Dart out: first half. Since the relevant classification was first recognised, other types of pedestrian accidents, such as those involving people on inline skates, skateboards and non motorised scooters, have become extremely common and involve massive trauma.
Personal injury accidents involving pedestrians, represents a significant proportion of traffic collisions – Rates in North America are among the lowest (about 12% of road fatalities), and have been reduced in recent decades: NHTSA (2004) Traffic Safety Facts, 2003, National Highway Traffic Safety Administration. Probably because of less need for pedestrian traffic in relation to higher mobility, and greater use of private motor vehicles than are found in most other areas of the world.
The number of pedestrian injuries and deaths has reduced in recent decades; however, a problem still exists for certain categories of pedestrians. For example, pedestrian deaths represent 13 to 17% of motor vehicle deaths in the US over the past two decades, and a higher proportion in other counties. Deaths are highest among pedestrians over the age of 65, with the highest rate for older men.
Major Interstate Highways are the least safe area of pedestrian deaths. Interstate Highways account for more than 10% of pedestrian fatalities in a US Study Johnson (1997). In this three year study of 394 police accident reports of fatal freeway crashes from three states, Johnson, 1997, found that 80% occurred after dark and about 40% involved pedestrians crossing or entering the highway, usually taking the shortest route to their intended destinations. Another common scenario 18% of all accidents involved working on or pushing their vehicle.
If as a pedestrian you were involved in a traumatic and debilitating accident, or know of a family member, a loved one, or a valued friend, who received injuries, harm either physical or psychological – through a pedestrian related accident, then find a local personal injury attorney, local personal injury lawyer free. Complete Attorney Index website is a regularly updated local personal injury attorney directory, where you choose and freely contact, your local personal injury attorney, local personal injury lawyer, without abusing your right of Freedom to Choose. Complete Attorney Index website is not a law firm introducer or pre-selection directory for local personal injury attorney or local personal injury lawyer or receives financial backing, payments from any nation wide, state wide or local injury attorneys, local injury lawyers. Your Freedom of Choice is your protected right – Complete Attorney Index website if intensely independent and intensely unbiased. You search and contact with no introductions whatsoever – exercise you freedom to choose Search Now! Find local personal injury attorney free. Find local personal injury lawyer free
http://www.completeattorneyindex.com
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Car, truck, and other vehicle accidents often result whiplash injuries. Whiplash injuries occur at various speeds and even low impact collisions have shown to cause whiplash and other soft tissue injury. What usually happens is that soft tissue is stretched beyond its elastic limitations, meaning it reaches a point when it loses its elasticity and cannot rebound to its normal position.

Whiplash injury occurs in car accidents when a person’s vehicle is applied force usually, by another vehicle. The head is pushed in one direction and then when the vehicle is stopped the head is pushed in the opposite direction, this is what causes the soft tissue around the neck to stretch, often beyond its elastic limitations, this is often a source of not only neck pain, but also headaches.

Seat belts have been effective in saving lives, but there are also studies which indicate that the very same seat belts increase the risk of whiplash injury or injury to the neck. The seat belts keep the body and place, but the head is left with no protection and the rotation and forces applied to the head cause strain and injury to the neck. In at least one study it was determined that accident victims were more likely to suffer cervical injury (neck) when they were wearing seatbelts by a factor of 1.58 to 1.

Insurance companies often rely on engineers to testify in court concerning the forces applied as a determining factor as to whether or not there is injury. More often than not there is a reference to Delta-V, but studies have shown that injury cannot be predicted solely by knowing the delta-V of a collision. Even under controlled conditions the delta-V was insufficient to determine whether an injury would occur or not. Delta V is simply an equation taken from physics showing a change in velocity.

The typical crash analyses involves an engineer looking at pictures of the crashed car and then looking at a repair estimate to determine how it compares to similar cars or the same model car that have been crashed tested. The biggest problem with this analyses is that it is comparing apples to oranges. The crash tested vehicles are generally tested against a solid wall, where the actual crash for the injury claimant has crashed with another vehicle. The tested crash is under control conditions and the crash is done with great care. The real world crash has no such conditions. The timing in the crash is different for each crash the location of the damage varies. The angles of the vehicles at the time of the collision, the seating position of the driver and passengers, and the direction where the persons face varies in every single accident.

Injury cannot be predicted for any one individual because individuals vary greatly. Everyone has a different posture, different tensile strength of the ligaments, a different position in the vehicle at the time of the collision, different spinal canals, a different nervous system, and reaction to stimulus. Any one person can also change from month to month, maybe one started exercising three weeks ago, or changed the diet substantially, or had another injury, or over stressed the body.

Insurance companies nonetheless relay on these engineers to testify consistently on claims that low impact collisions cannot cause injury. Accident reconstructionists often use software to calculate speeds of impact by looking at several factors, sometimes just pictures. The software is usually not accurate enough for low impact collisions and the results can vary in extremes from engineer to engineer. The calculated speed for the collision varies greatly depending on how the calculations are entered, most software cautions that it is not reliable for low speeds and studies have shown that these computations are unreliable. The results also vary depending on the relationship between the engineer doing the calculations and the insurance company paying the tens of thousands of dollars to the engineer.

In addition to the engineers, insurance companies also hire medical doctors and chiropractors to render opinions. Opinions which are more likely than not biased.


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Question: What is “premises liability” under Rhode Island (RI) law?                    

Answer: In Rhode Island, Premises liability pertains to the area of law, which attempts to hold a real estate owner or the person in possession of the real estate liable as a result of an accident causing injuries to a person who was using the property.

A premises liability case is a type of personal injury case.  The broader term of Premises liability also encompasses “slip and fall” or “trip and fall” personal injury accidents.  A premises liability claim typically involves the real estate owners or occupants failure to properly maintain the premises in a safe manner. It can also involve failure to fix an unreasonably dangerous conditions on the property of which they either knew or should have known about.

The area of premises liability is not just limited to slip and fall but also includes: asbestos exposure, mesothelioma, lead paint exposure, dog bites, Inadequate security measures enabling assaults, Sidewalk or roadway defects, Poorly lit stair cases, falling debris, falling merchandise, or hanging hazards, carbon monoxide leaks, iced entrance ways, slippery or obstructed floors, electric shock due to exposed electric wiring.

What are the most frequently pursued personal Injury / premises liability / slip and fall cases in Rhode Island (RI)?

I believe that slip and fall, personal injury cases, are the most frequently filed type of premises liability lawsuits in RI. Many slip and fall accidents are caused by substances or foods such as water, liquids, foods, fruits, grapes, vegetables, condiments, salad, ice, slush and or oil located on the floor. The substance could be slippery or even sticky. Some slip and falls are caused by uneven surfaces, holes in the floor or defective conditions on the floor or stairs.

A RI “premises liability” personal injury case is not limited to only slip and fall cases but includes other personal injury claims such as dog bites and animal attacks, inadequate lighting, inadequate security, unsafe design or construction

Where do most slip and fall cases occur in Rhode Island.?

Slip and falls most frequently occur in restaurants, supermarkets, driveways, entranceways, porches, department stores, sidewalks, grocery stores, banks and hospitals. Any owner of property and certain occupiers of the property may be held liable for premises liability including but not limited to corporations, Limited Liability Company (LLC), partnerships, trusts, sole proprietorships, government entities such as cities, towns, or the state itself.

Many of the slip and fall cases are a result of food or liquid on the floor of a supermarket or restaurant. Slip and fall claims also can result from a landowner or occupier failing to take adequate steps to shovel snow, clear ice from an entranceway, remove ice from a sidewalk, driveway or parking lot.

If I slip and fall as a result of negligence of another person or entity who can be held responsible?

The Supreme Court of Rhode Island (RI) stated “[A] landowner has a duty to exercise reasonable care for the safety of persons reasonably expected to be on the premises, and that duty includes an obligation to protect against the risks of a dangerous condition existing on the premises, provided the landowner knows of, or by the exercise of reasonable care would have discovered, the dangerous condition. The burden of proving that sufficient evidence existed to show that the defendants knew or should have known of an unsafe condition on their premises is on the plaintiff.”  Lieberman v.  Bliss-Doris Realty Associates

Children and the elderly are more likely to slip and fall. Is it more difficult for them to recover damages for their injuries, medical bills, and pain and suffering?

Answer:  No, In Rhode Island you take the injured party as you find them. As far as liability is concerned, Rhode Island law does not differentiate solely based on age or pre-existing conditions. Even people who aggravate an existing injury have a right to compensation, if negligence can be proved.

Property owners owe everyone who lawfully comes upon the premises (with exceptions for trespasser) a duty of due care. Everyone with the exception of trespassers should expect that the premises is maintained reasonably in a relatively safe manner. So long as the injuries are caused by the negligence of a person or entity, the injured person has the right to seek damages.

Keep in mind, that if the injured person was acting carelessly or not paying proper attention and that contributed or partially caused the accident than there may be comparative fault involved. Comparative fault is described below.

Also, keep in mind, that there are particular laws concerning children who trespass and are lured onto the property because of an attractive nuisance

What is comparative negligence in Rhode Island personal injury law? 

Answer: Comparative negligence is the doctrine used in personal injury accidents in Rhode Island. Comparative negligence is a question of fact that a jury must determine. The jury must figure out what percent each party involved in the accident is at fault for the accident. In Rhode Island, even if an injured person is 99 percent at fault for an accident they are still eligible to obtain damages of 1 percent from the negligent landowner, corporation or person. You should contact a Rhode Island Personal injury lawyer / attorney to obtain an initial opinion as to whether or not there was comparative fault involved.


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As a direct consequence of pedestrians and necessity to share the major and minor roadways from major cities to the miniscule minor rural small towns of our highly mobile society, the resulting mix can be a traumatic and at times deadly combination of conflicts – the unprotected pedestrian is most likely to fair the worst in any vehicle and pedestrian collision.

The essential street crossings, especially in extremely highly populated and densely mobile business and residential areas, can be very complex even for the fit and agile pedestrian, Though spare a thought for the less fit and agile pedestrian, especially consider the near impossible task of attempting to cross a very busy street, when a mother is in control and responsible for the safety of her precious young children. The third and deadliest combination is of crossing a very busy street crossing is more apparent – and possibly more deadly, is when the pedestrian is physically or mentally challenged, especially physically challenged by blindness and or deafness, this disability allows the pedestrian very little opportunity of safely crossing even the simplest street crossing without a possibility of being involved in personal injury or even massive trauma.

As describe street crossing for some pedestrians can be an extremely complex task even for the fit and agile, as fitness and agility only accounts for part of the complex task of crossing any street, for example, a task analysis for child pedestrians by Van Der Molan, (1981) identified 26 subtasks involved in the simple act of crossing the street safely. In the street crossing task, the road is scanned, traffic is perceived, and judgements are made about the perceived distance, speed and movement of the vehicles this information is analysed, processed and stored and, on the basis of the perceived safety or danger, a decision is made on whether and where to cross the street.

Van Der Molan concludes that various factors have an influence on the pedestrian behaviour and safety:

1). Environment; (road type, intersections, surfacing, lighting, regulations).

2). Traffic; (volume, moving and stationary vehicles, communication).

3). Personal; (physical, psychological, and personal characteristics; motivation, age, experience).

4). Social; (presence of others, personal journey, play).

Pedestrian Accidents.

Street crossing pedestrian accidents have been analysed and been classified in various ways, Snyder (1972) considered the following types as crucial to the argument:

a). Dart out, first half: a pedestrian, not physically at an intersection, appears suddenly from the roadside.

b). Dart out, second half: not physically at an intersection, appears suddenly from the roadside and covers half of the crossing before he is struck.

c). Intersection dash: similar to dart outs, these occur in or near a crosswalk at an intersection.

d). Multi threat: the pedestrian is struck by a vehicle after other vehicles have stopped for him and blocked the view of the oncoming striking driver.

e). Vehicle turns or merges with attention conflict: the driver is turning or merging with traffic and his attention is directed to the traffic looking for a gap to enter or turn when he hits a pedestrian who is crossing the roadway.

f). Bus stop related: pedestrian crosses in front of the bus, which is blocking the view of oncoming drivers.

Without doubt the most common cause of pedestrian accidents relating to Pedestrian Street Crossing – According to the study by Várhelyi and Mkinen (2001), are Dart out: first half. Since the relevant classification was first recognised, other types of pedestrian accidents, such as those involving people on inline skates, skateboards and non motorised scooters, have become extremely common and involve massive trauma.

Personal injury accidents involving pedestrians, represents a significant proportion of traffic collisions – Rates in North America are among the lowest (about 12% of road fatalities), and have been reduced in recent decades: NHTSA (2004) Traffic Safety Facts, 2003, National Highway Traffic Safety Administration. Probably because of less need for pedestrian traffic in relation to higher mobility, and greater use of private motor vehicles than are found in most other areas of the world.

The number of pedestrian injuries and deaths has reduced in recent decades; however, a problem still exists for certain categories of pedestrians. For example, pedestrian deaths represent 13 to 17% of motor vehicle deaths in the US over the past two decades, and a higher proportion in other counties. Deaths are highest among pedestrians over the age of 65, with the highest rate for older men.

Major Interstate Highways are the least safe area of pedestrian deaths. Interstate Highways account for more than 10% of pedestrian fatalities in a US Study Johnson (1997). In this three year study of 394 police accident reports of fatal freeway crashes from three states, Johnson, 1997, found that 80% occurred after dark and about 40% involved pedestrians crossing or entering the highway, usually taking the shortest route to their intended destinations. Another common scenario 18% of all accidents involved working on or pushing their vehicle.

If as a pedestrian you were involved in a traumatic and debilitating accident, or know of a family member, a loved one, or a valued friend, who received injuries, harm either physical or psychological – through a pedestrian related accident, then find a local personal injury attorney, local personal injury lawyer free. Complete Attorney Index website is a regularly updated local personal injury attorney directory, where you choose and freely contact, your local personal injury attorney, local personal injury lawyer, without abusing your right of Freedom to Choose. Complete Attorney Index website is not a law firm introducer or pre-selection directory for local personal injury attorney or local personal injury lawyer or receives financial backing, payments from any nation wide, state wide or local injury attorneys, local injury lawyers. Your Freedom of Choice is your protected right – Complete Attorney Index website if intensely independent and intensely unbiased. You search and contact with no introductions whatsoever – exercise you freedom to choose Search Now! Find local personal injury attorney free. Find local personal injury lawyer free.


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Nottingham stands as the regional capital of the East Midlands region. It is the 7th largest urban area within the UK. Nottingham has a lot of culture and a lot of history, which both attract a lot of attention and tourism to the area.
One aspect of history that finds its home within and around the area of Nottingham is the legend of Robin Hood. The famous character is said to have came to Nottingham to steal from the rich and give to the poor. His legend began in the middle ages when Robin Hood was said to have lived in Sherwood Forest, which extended from the north of Nottingham.
Still focusing on the middle ages, the area saw the founding of another brilliant tourist attraction to Nottingham, which is Medieval Nottingham Castle. The castle was founded by William the Conqueror and was classed as one of the country’s finest strongholds. Sadly this castle no longer exists but it was restored to become an art gallery in the 19th century and has remained as an art gallery ever since. The castle now holds some great pieces of art and has panoramic views across the city.
The city also has some magnificent example of architecture, which are scattered all across the city with some of the most notable being Byron House, Alfred Waterhouse’s and Watson Fothergill’s buildings, Nottingham Council House and Queen Street as well as St Mary’s based in the Lace Market.
Nottingham Council House overlooks the Old Market Square and can be seen for miles around thanks to its 200ft high dome, which rises above the city and is lit up at night. Inside the Council House is the Exchange Arcade, an upmarket shopping centre which houses many high class shops.
As well as its excellent shopping facilities the city is also home to some of the best entertainment venues around, such as its two large capacity theatres; Nottingham Playhouse and the Theatre Royal. If live music and is more of your idea of entertainment then you are in luck as the city has several music and performance venues such as the 2,500 capacity Nottingham Royal Concert Hall and the 9,500 capacity Nottingham Arena. If you are hoping for smaller venues then you will find them in the form of Rock City and The Rescue Rooms.
The list of attractions goes on and on meaning no matter what your interests are or what you are hoping to see tourism wise you will find them in this city.
One thing that you don’t want to find yourself involved in however is a personal injury accident. Having an accident could happen in any part of the UK and Nottingham is no exception. A personal injury accident that occurs through no fault of your own could leave you facing serious injury that could severely affect the way in which you live your life. You could be left out of work or losing aspects of your independence all because of the negligence of another person.
If you do find yourself involved in an accident that was caused through no fault of your own then it is important that you speak to a personal injury lawyer as you may be entitled to claim for compensation.


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The following is an expert answer given by Florida Personal Injury Accidents Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:

Subject: Elevator Accident

Question: I was in an elevator accident in early 2007 where the elevator fell with me in it.  This took place in Florida. I started on the third floor and it was going normal at first and then dropped from an unknown height and hit the ground hard. My injuries range from 2 herniated disks in my neck, pain in my arms, diagnosed carpel tunnel and extreme pain in a section between my shoulder blades which feels like I am being stabbed (maybe a torn disk but undiagnosed as of now). I have pain in most of my low back diagnosed as bulging disks and stenosis and into my legs, diagnosed as radiculapathy.  This affects every aspect of my life and I am on constant medication for pain and it helps me maintain my sanity.

I was under work comp for a year and a half because it happened in a commercial building while I was working and they did absolutely nothing but testing and tell me that nothing could be done at this time.  I changed careers and went from construction to an office job.  After finally going to a doctor the attorneys set up and paid for, I was given steroid injections. The first one helped my leg pain tremendously but soon wore off and the night after I went in for the second one, my heart started beating over 300 per minute and I passed out and hit the floor.  When I came to, I rushed to the hospital where of course, at first they treated me like a drug addict but soon realized it was a severe case of A-fib.  I spent two days in the ICU and they had to give me drugs to get my heart back on track. The medical bills from this hospital stay were around 7-8 thousand dollars so I had to settle my work comp for 15k to avoid bankruptcy.

Then I went to two orthopedic surgeons who recommended spinal fusion for my neck.  I am in my 20s so I decided to first try minimally invasive techniques.  I just recently had Lumbar, Thoracic and cervical surgery which helped some but still leaves me in severe pain.

Would punitive damages apply in this case? Could product liability law apply in this case? Is there a cap on pain and suffering?  I am not even thirty and what might seem like a lot now will not be when I am suffering decades from now.

Answer:

I am a Florida accident lawyer specializing in premises liability claims such as elevator incidents, Florida personal injury accidents, Florida car accident injuries, and Florida work accident injuries.  I am located in South Florida, but handle claims statewide.  Your inquiry says the accident occurred in Florida but doesn’t say in what city. You have a pretty complicated factual and medical scenario, but I will try to answer your questions.  If you would like to discuss your claim in more detail, please give me a call.  If you are currently represented by a lawyer for either the work comp or a third party claim for the elevator accident, you should speak to your Florida personal injury accidents attorney to get more information. Based upon what you have described in your email, I don’t see how punitive damages apply in your case.  There may be more factual information that would allow you to seek punitive damages, but the case would have to be investigated in much more detail to know.  A count for punitive damages in Florida may be allowed by a judge if a party can show the defendant’s conduct “transcended the level of ordinary negligence and entered the realm of willful and wanton misconduct, which the courts define as conduct that is of a gross and flagrant character, evincing reckless disregard of human life, or of the safety of persons exposed to its dangerous effects, or there is that entire want of care which would raise the presumption of a conscious indifference to consequences, or which shows wantonness or recklessness, or a grossly careless disregard of the safety and welfare of the public, or that reckless indifference to the rights of others which is equivalent to an intentional violation of them.” This is a very high standard to meet.  It is based upon an evaluation of the facts of your case, and can only really be determined once you have fully investigated the causes of your accident. Your second question is whether product liability law applies in this case. I’m not sure what product you are referring to – the elevator or the epidural injection.  Product liability laws probably do not apply to a claim against the manufacturer of the injection, but they may apply to the manufacturer of the elevator.  Again, you need more facts about how and where your accident occurred.  Was it a brand new elevator?  Had it been serviced any time recently before your accident?  Had the building owner neglected to have the elevator serviced even though there had been other complaints about the elevator? Because of the injuries you have mentioned, and your young age, you should definitely look into a liability claim against the manufacturer of the elevator, the owner/manager of the building, and/or any company that serviced and maintained the elevator. With regard to your reaction to the epidural injection, you could look into a medical malpractice claim against the facility and doctor that administered the injection.  Epidural injections are fairly complicated procedures that come with many risks.  Before undergoing such an injection, most facilities explain the potential risks with the patient.  However, in order to fully investigate whether a claim exists against the facility or doctor, you would need all the medical records to evaluate exactly what was done, or not done. If you were to make a claim against the building owner, elevator manufacturer, or the maintenance company, there is no cap on pain and suffering.  Any settlement or verdict you obtained would need to compensate you for future medical care, and pain and suffering, for the rest of your life. You definitely have a Florida personal injury accidents claim worth looking into.  If you would like to pursue the claim, or at least investigate your options further, please give me a call.  I handle all claims on a contingent basis which means there is no attorney’s fees owed if there is no recovery.  Please give me a call if you would like to discuss the claim.

For more information about Florida personal injury accidents, contact Florida premises liability lawyer, Joseph M. Maus at 1-866-556-5529, visit his website at jmmlawyers.com or email him today.


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The following is an expert answer given by Florida Premises Liability Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:

Question: I have been reading some of the other posts for slip and falls. I don’t see any information or letters that pertain to grocery carts (not that there aren’t any.) I was at a grocery store with my 17 month old daughter sitting in the front compartment of a grocery cart (she was buckled in) and my son sitting in basket. I felt the cart was wobbling however I knew I only wanted to pick up a few items so it would not take long. Well as my son was getting out, I held onto the cart, however, because the wheels were not secure, the cart tipped over with my daughter in the cart. She fell on her side and injured her hand, however no broken bones according to her Pediatrician. I filled out an accident report with the store manager and he did see the blood on her hand after the fall. A rep for the store called and left me a message today. My question is, am I entitled to any compensation for my daughters pain and suffering? After reading some of the other letters I don’t think the injuries are severe enough to seek an attorney or should I? Do you think it would be necessary to write a letter demanding or requesting a settlement? Thank you for your time! Your site has been very helpful. Answer: Your email does not indicate what state you live in.  I am a Florida personal injury accidents attorney specializing in auto accidents, slip and falls, and workers compensation claims.  Laws vary from state to state so the best advice I can give you is to consult with an accident lawyer in your area. Regarding your daughter’s accident, the same standard for negligence should apply.  In Florida, a store owner owes two duties to its customers – maintain the property in a reasonably safe condition, and to warn its customers of dangerous conditions that the customers cannot appreciate themselves.  This would extend to a store’s grocery carts and making sure they are in good working order.  A cart that tips over on its own while your daughter is sitting in it is obviously not working properly. Most stores do routine maintenance on their carts so that they operate properly for shoppers.  However, just judging by my own experience at grocery and “big box” stores, it is the exception that you get a grocery cart that works properly, rather than the norm. You almost always get a cart with a wobbly wheel.  In order to determine whether you have a claim to pursue against this store, you would have to be able to show that this particular store was not properly maintaining its carts.  In my opinion, based on what happened with the cart, if your daughter’s injury is serious enough, you should pursue the claim. At least in the case of Florida personal injury accidents and in most other states, when making a negligence claim for injuries, you can recover damages for pain and suffering, both in the past and if she is going to have pain and suffering in the future due to the injury.  Additionally, you can recover damages for past and future medical bills. You may want to ask the grocery store if they have an insurance policy which has medical payments coverage, also known as “medpay”.  Medpay is insurance coverage that will reimburse you for any out of pocket medical expenses you incur for medical treatment for your daughter.  The store would also have liability coverage which is insurance which covers claims such as your daughters. You do have the opportunity to try and settle your daughters claim without an accident lawyer.  It just depends on how serious the injury is.  For very minor injuries, I would probably suggest putting in writing a summary of how the accident occurred, the reason the store is responsible, and details of your daughter’s injury and medical care.  You should include a demand for settlement – a dollar figure – which you would be comfortable settling the claim for.  Keep in mind, whatever dollar figure you put down, the store or its insurance company will try to negotiate down from that amount, i.e. aim high. If the injury is more serious, I would not hesitate to speak with an experienced accident injury attorney.  An attorney specializing in negligence claims will know how to proceed on the claim to maximize your daughters’ recovery, and to resolve the claim as quickly as possible.  One of the first things you or your accident lawyer would want to do is to advise the store to preserve the cart, without alteration, so it can be inspected to determine why it tipped over.

FOLLOW UP RESPONSE:

Hi Joseph, yes I am in Apopka, FL…sorry about that. Thank you so much for responding so quickly. My intentions were to write a letter demanding compensation for pain and suffering not for the medical. My insurance covers my daughter’s medical 100%. When I return the call to the rep for the grocery store should I tell her I will be writing a letter requesting compensation? Can you help me with writing the letter and where the letter should be sent? Should I copy anyone in upper mgmt such as the CEO, CFO, COO, etc? I am willing to pay (if it’s not too expensive). By the way, with regards to the cart: the manager told the cart attendent to remove the cart after the incident happened. Thank you again for all your help!!! Answer: You should probably explain to the grocery store representative that you are considering hiring an attorney as your daughter is having significant problems with her injuries.  You can inquire about the possibility of a settlement prior to you hiring an attorney.  The store will most likely request a settlement demand, preferably in writing, and summarizing your daughter’s injuries, to include an amount you are comfortable settling the claim for.  Keep in mind the grocery store will attempt to negotiate down from whatever you demand, so leave yourself room to negotiate. If you’re not satisfied with the grocery store’s response, I would probably speak with a Florida personal injury accidents lawyer.  Most Florida injury attorneys handle these claims on a contingent basis, which means you would not have to pay them anything out of your pocket, but they would be entitled to a percentage of whatever is recovered, usually 1/3 if the claim is settled before filing a lawsuit. With regard to the cart, you obviously want the cart removed from being used, but you don’t want it destroyed or repaired.  If you need to file a lawsuit down the road, you will need that cart to prove liability against the grocery store.

For more information about Florida personal injury accidents, contact Florida premises liability lawyer, Joseph M. Maus at 1-866-556-5529, visit his website at www.mauslawfirm.com, or email him today.


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1. People think about the economy and not the road.

 

2. People lose their jobs and drive depressed.

 

3. People are losing their homes and get lost in thought.

 

4. People have less and less money and become more and more worried. Road safety is sometimes the farthest thing from their mind.

 

5. People with less in their retirement account feel less secure and drive less safely.

 

6. People with empty bank accounts sometimes feel there is little to be hopeful about and their driving matches their outlook.

 

7. Many drivers share these burdens alone and with no one to turn to, they drive with these worries foremost in their minds.

 

8. Drivers who worry that their job may be the next to get cut don’t think about driving defensively.

 

9. Drivers who can’t make ends meet can’t pay for things like new brakes.

 

10. People who are worried how they will make their next house payment or feed the kids may be only a stop light away from an accident.

 

All of these things cause drivers to drive less carefully as they get lost in thought or drive while depressed.

 

Here are ten useful tips of advice from a personal injury lawyer to follow if you find yourself in an accident. You can also learn more about how to handle a personal injury in Thousand Oaks, or any city, by calling the Law Offices of R. Sebastian Gibson at any of the numbers which can be found on our website at http://www.SebastianGibsonLaw.com  and learning how we can assist you.

 

Obviously, if you have had an accident, and you are reading all of this advice, it’s probably been at least a few days since the accident. However, if it’s only been a few hours or if you ever have another accident, here’s what you should do the next time from the start.

 

First, take a look around and determine if you or anyone, are hurt. If so, taking steps like trying to prevent further injury or loss of blood are the most important thing you can do. Even if some other driver caused you to be injured, it’s just good manners to help the other driver if they are hurt. They may even be so thankful that they admit their fault to you. The worst thing you can do is get angry or start a fight.

 

Second, make sure everyone is safe from being injured further. If you are in the middle of traffic, and you are dizzy, sit down away from traffic. If your vehicle is a traffic hazard and you have accident warning devices like flares or triangles, put them out on the road to warn other drivers and get away from the car. Let the police an other emergency personnel investigate the scene with the vehicles in place and move them more safely at a later point.

 

Third, call the police. Accident reports are extremely helpful if the police will do such a report. Let the police know you are injured immediately. Answer the police questions honestly. But if you are dazed or confused, let them know you need medical treatment and answer only what you feel sure about. Remember, your statements can and will be used against you if you admit fault, and it will be too late and too fishy to later say you didn’t know what you were saying at the scene. Police know that your best recollection is immediately after an accident.

 

Fourth, get the other driver’s information including their names, addresses, driver’s license numbers, make and model of their vehicles, license plate numbers, and their insurance company name and policy number. If there are witnesses, get their names, addresses and telephone numbers as well. If the other driver makes any admissions of fault, write those down as well.

 

Fifth, if you have a camera on your cell phone or in the car and you aren’t too injured, take some photos of the vehicles and the scene. If you can’t do it right away, do it after you are released from the hospital.

Sixth, if you are hurt, obtain medical treatment. Don’t decline the ambulance or hospital examination to save your insurance company money or to be stoic. Take your valuables out of your car if you can and get checked out at the hospital. If you are not hurt, don’t get treatment you don’t need. However, remember, after an accident, you may feel a rush of adrenaline that causes you to only start feeling symptoms of pain a few hours later. If you have a health plan that requires you to obtain permission first, call them and find out where you are allowed to seek treatment.

 

Seventh, call a good personal injury lawyer as soon as you have had your initial treatment, so the attorney can gather other important evidence and prevent the insurance company from taking advantage of you and obtaining such things as recorded statements that you feel fine, when many of your symptoms have yet to manifest themselves. A good personal injury lawyer can save you from making a great deal of mistakes and can shoulder much of the hassle of knowing what to do about car repairs, car rentals, medical treatment, witness statements and the like. If you think you will save money by not having an attorney, think again. A good personal injury lawyer can almost always obtain much higher settlements, obtain reductions of medical bills and insurance liens and prevent you from making costly mistakes. Also, most personal injury attorneys advance costs of obtaining police reports, medical records and the like and are paid and reimbursed for these costs only out of any settlement.

 

Eight, you will need to report the accident to your insurance company, but since they will want to take a recorded statement from you, just like any other driver’s insurance company, it’s good advice to retain an attorney first. And if the other driver did not have insurance, remember that it is your own insurance company that will be your adversary. You will also need to report the accident to the Department of Motor Vehicles and your lawyer can give you the form for this.

 

Ninth, do not agree to settle your claim privately with the person at fault for the accident. This almost never works out to your advantage. Don’t agree not to call the police. Police reports that determine the fault for an accident are golden. Your agreement to not involve the police only affords an opportunity for the other driver to change his story and blame you when the police will no longer investigate the accident.

 

Tenth, don’t pay a traffic ticket without a fight if you weren’t at fault or agree to accept a small payment for your vehicle repairs without knowing that the amount will in fact cover the cost of all the repairs.

 

If you’ve had a personal injury in Thousand Oaks, Westlake Village, Camarillo, Torrance, Carson, Brentwood, Manhattan Beach, Hermosa Beach, Redondo Beach, Santa Maria, Santa Barbara, Ventura, Oxnard, Cambria or San Luis Obispo, or anywhere in Southern California, we have the knowledge and resources to be your Thousand Oaks Personal Injury Lawyer and your Ventura Personal Injury Attorney. Be sure to hire a California law firm with auto, motorcycle, truck, bicycle, pedestrian, car, bus, train, boat and airplane accident experience, wrongful death experience and insurance law expertise who can ensure you are properly represented and get the compensation you deserve.

 

If you have a personal injury legal matter, a dog bite or if you’ve lost a loved one in a wrongful death accident, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.SebastianGibsonLaw.com  and learn how we can assist you.


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An auto accident lawyer sees the damage done in a drunk driving accident almost as often as police officers do. Unfortunately, after a drunk driving accident, a significant personal injury settlement or a hefty award from an auto accident lawsuit will never take away the devastation left behind from a drunk driver.

Auto accident lawyers work with the victims of drunk driving accidents as well as the families and surviving members of fatal accidents. Sometimes even the emotional stress of having to go through an auto accident lawsuit after a drunk driving accident can take a significant toll on a family, and sometimes it represents a sense of closure for other victims.

Consulting with an auto accident lawyer after a drunk driving accident does not necessarily mean that you or your family is required to follow through by filing an auto accident lawsuit. While many victims are afraid of the toll an auto accident lawsuit may take on them, they may find relief in the fact that most cases end in a personal injury settlement.

This is usually due to the very obvious nature of the accident, and the very high level of public awareness of the dangers of drunk driving. Drunk driving education starts in high school, and from there on out, there isn’t a single driver who isn’t aware of how dangerous it is to crawl behind the wheel of a car when affected by alcohol.

Being aware of how affected one is doesn’t mean that there will be any additional control over the vehicle. Being aware of how affected one is means that the driver knows full well that they do not belong behind the wheel of a car.

An auto accident lawyer can meet with the victim, if able, and the family members and go over the victim’s and family members rights in the event of a drunk driving accident. Nobody should have to go through the aftermath of a drunk driving accident alone, and an auto accident lawyer can make helpful recommendations in receiving the quality care that a victim and their family may need.

There has been an increase in the publicity of drunk driving accidents involving a single car, numerous passengers, and only one or two survivors. These cases typically involve teenagers and young adults who are interested in partying, but these cases can be a little more difficult.

The argument has been made that the victims knew the driver was drunk and still got in the car with them. Some people have disagreed with the high jury awards and personal injury settlements that have come from these cases. An experienced auto accident lawyer can fully explain the rights of the victims in these cases, and also explain why the filing of an auto accident lawsuit is not inappropriate in these cases.

The victims are not responsible to know the condition or the blood alcohol level of the driver. These cases can become very terse and tense if the auto accident lawsuit goes to trial, as the defending lawyer will attempt to blame the victims. In these cases, having strong representation from a well qualified auto accident lawyer is imperative.

However, it should remain clear that just because the victims were in the car and made a choice and perhaps were even a bit drunk themselves, this does not absolve the driver from his or her responsibility and may very well still end up with a high jury award or a high personal injury settlement.

Drunk driving accidents account for a large percentage of deadly car accidents on the road today. With public awareness as it is, there really is no excuse for drunk driving accidents.

Many people have tried to lessen their responsibility for their own actions by filing an auto accident lawsuit against bar tenders and bar owners, even filing auto accident lawsuits against friends who should have stopped them from getting behind the wheel, sometimes even after an effort was made to stop the driver from leaving the bar or residence.

Drunk driving auto accident lawyers are seeing an influx of defense cases involving not auto accidents, but citations and the loss of licenses and even jail time for individuals who pull over and stop driving due to the level of affect the alcohol has had on them.

In these cases, the driver attempted to do the right thing and correct his error in judgment by pulling off the road to sleep while he or she sobered up. It seems a little incredulous to punish someone for correcting their irresponsibility before it caused bodily or property damage to someone else.

In light of these charges being valid, auto accident lawyers are finding that many people are trying to get all the way home, having considered stopping but knowing that the consequences are still quite harsh.

Don’t drink and drive.


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If you’ve had an accident as a pedestrian in Palm Springs, Rancho Mirage, La Jolla, Del Mar, Laguna Beach, Anaheim, Newport Beach, Buena Park, Huntington Beach, Carlsbad, Mission Beach, Santa Ana, Pacific Beach, Fullerton, Hermosa Beach, Palm Desert, Rancho Cucamonga, Ontario, Manhattan Beach, Corona, Temecula, Santa Barbara, Fullerton, San Luis Obispo, San Diego, Orange County, or La Quinta, you may have wondered if the legislators of California are doing anything to prevent pedestrian accidents from happening.

I had heard that California’s state legislators were rushing to pass new laws outlawing certain activities while driving, so I called one of my state Senators to see if they were doing anything to prevent pedestrian accidents. It was not what I was expecting.

“So you’re not just focusing on the car drivers?” I asked.

“Hah!” the Senator exclaimed. “The auto industry needs all the help they can get. We’re focusing on the real cause of accidents – inattentive pedestrians.”

“Pedestrians cause most of the accidents?” I asked skeptically, “What about the inattentive drivers?”

“They’ve got a lot on their minds, what with the economy and all,” the Senator said.

“So what are you going to prohibit pedestrians from doing?” I asked.

“For one thing, no more jogging,” the Senator said. “Lots of joggers get hurt, especially when they wear those things in their ears and listen to music, instead of traffic noises.”

“That’s not good,” I said. “People need exercise.”

“That’s what gyms are for, and home exercise machines,” the Senator said. “Besides, in this economy, those industries need some help too.”

“What about eating,” I asked.

The Senator frowned. “The fast food industry wouldn’t like that. But no more walking drunk.”

“You mean I can get breathalized when I walk home from a bar?”

“Get a taxi,” the Senator said. “The taxi drivers of America need some help too.”

“Okay, are you making it an offense to be reading?”

“No, we want to promote literacy,” the Senator said. “But no more protesting and holding up signs that make drivers try to read them.”

“Why?” I asked.

“Because protesters are usually against things that are Republican,” the Republican Senator said.

“What else are you outlawing?” I asked.

“Well, you’d probably be surprised what some people do while walking.”

“Nothing would surprise me,” I said. “I’m a personal injury lawyer.”

“Naturally, you won’t be allowed to play football in the street.”

“That’s a shame,” I said. “School kids love to throw around a football or play baseball in the street.”

“They get hit going out for a pass,” the Senator said. “But they can still play baseball,” the Senator said proudly.

“What’s the difference?” I asked.

“Baseball is America’s pastime,” the Senator said. “Besides, every window that’s broken helps the economy too.”

“Will pedestrians still be able to ride skateboards?”

“Forget it.”

“How about drinking coffee?”

“Just one brand,” the Senator said.

I looked at the brand of coffee in his hand.

“We decided to give them a break,” the Senator said.

“Sounds like you won’t be able to do much as a pedestrian anymore,” I said.

“Just the one thing we want the American public to do most,” the Senator said.

“What’s that?” I asked.

“What else?” the Senator said. “Shop.”

News note – On October 1, 2008, Governor Schwarzenegger banned motorists from texting, writing or reading messages on electronic devices. The law goes into effect January 1, 2009.


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Thousands of people are injured every year in slip and fall accidents when they slip or trip on a flight of poorly lit stairs, a slippery floor or a cracked sidewalk. Slip and fall accidents result in various types of injuries ranging from scrapes and bruises to traumatic brain injuries and death.

Causes of Slip and Fall Accidents

A slip and fall accident can happen to anyone, anywhere. It can happen on public property, private property, indoors or outdoors. Some causes of slip and fall accidents include:

Slip and fall accident injuries can range from bumps and bruises to broken bones, brain injuries, spinal cord injuries and paralysis, some that require life-long medical care and even injuries that result in death.

Fall-related injuries are a major concern for senior citizens. Over 16,000 older adults die each year from fall-related injuries. Almost 2,000,000 older adults are treated in emergency rooms each year for fall-related injuries and 1,000,000 of them have to be admitted to hospitals.

If you slip and fall and are injured on another’s property due to a dangerous condition existing, that property owner may be liable for your injuries. If you are a property owner, and a person is injured on your property, you may find yourself legally liable for that person’s injuries. The expertise of an Oklahoma slip and fall attorney will assist you in either case.

Who is Legally Responsible for a Slip and Fall Accident?

To be legally responsible for a slip and fall accident the owner of the property must be guilty of one of the following:

Must have caused the condition of the surface that caused the slip and fall accident

Must have known about the condition of the surface and did nothing to correct or repair it

Should have known about the condition of the surface and did nothing to correct or repair it


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1. Taking corners as fast as they can, especially in the rain.

 

2. Believing that speed limits are for sissies.

 

3. Thinking that hydroplaning is fun, especially on a crowded freeway.

 

4. Feeling that snow chains are too much trouble to put on.

 

5. Green light, go fast. Yellow light, go faster. Red light, uh…

 

6. Thinking it’s not that hard to eat a hamburger and drive at the same time.

 

7. Thinking that driving is a good time to do a little personal grooming.

 

8. Driving on bald tires.

 

9. Always using high beams, even if it annoys other drivers.

 

10. Thinking other people will usually get out of the way.

 

Here are ten useful tips of advice from a personal injury lawyer to follow if you have been in an accident. You can also learn more about how to handle a personal injury in Santa Maria, or any city, by calling the Law Offices of R. Sebastian Gibson at any of the numbers which can be found on our website at http://www.SebastianGibsonLaw.com  and learning how we can assist you.

 

Obviously, if you have had an accident, and you are reading all of this advice, it’s probably been at least a few days since the accident. However, if it’s only been a few hours or if you ever have another accident, here’s what you should do the next time from the start.

 

First, take a look around and determine if you or anyone, are hurt. If so, taking steps like trying to prevent further injury or loss of blood are the most important thing you can do. Even if some other driver caused you to be injured, it’s just good manners to help the other driver if they are hurt. They may even be so thankful that they admit their fault to you. The worst thing you can do is get angry or start a fight.

 

Second, make sure everyone is safe from being injured further. If you are in the middle of traffic, and you are dizzy, sit down away from traffic. If your vehicle is a traffic hazard and you have accident warning devices like flares or triangles, put them out on the road to warn other drivers and get away from the car. Let the police an other emergency personnel investigate the scene with the vehicles in place and move them more safely at a later point.

 

Third, call the police. Accident reports are extremely helpful if the police will do such a report. Let the police know you are injured immediately. Answer the police questions honestly. But if you are dazed or confused, let them know you need medical treatment and answer only what you feel sure about. Remember, your statements can and will be used against you if you admit fault, and it will be too late and too fishy to later say you didn’t know what you were saying at the scene. Police know that your best recollection is immediately after an accident.

 

Fourth, get the other driver’s information including their names, addresses, driver’s license numbers, make and model of their vehicles, license plate numbers, and their insurance company name and policy number. If there are witnesses, get their names, addresses and telephone numbers as well. If the other driver makes any admissions of fault, write those down as well.

 

Fifth, if you have a camera on your cell phone or in the car and you aren’t too injured, take some photos of the vehicles and the scene. If you can’t do it right away, do it after you are released from the hospital.

Sixth, if you are hurt, obtain medical treatment. Don’t decline the ambulance or hospital examination to save your insurance company money or to be stoic. Take your valuables out of your car if you can and get checked out at the hospital. If you are not hurt, don’t get treatment you don’t need. However, remember, after an accident, you may feel a rush of adrenaline that causes you to only start feeling symptoms of pain a few hours later. If you have a health plan that requires you to obtain permission first, call them and find out where you are allowed to seek treatment.

 

Seventh, call a good personal injury lawyer as soon as you have had your initial treatment, so the attorney can gather other important evidence and prevent the insurance company from taking advantage of you and obtaining such things as recorded statements that you feel fine, when many of your symptoms have yet to manifest themselves. A good personal injury lawyer can save you from making a great deal of mistakes and can shoulder much of the hassle of knowing what to do about car repairs, car rentals, medical treatment, witness statements and the like. If you think you will save money by not having an attorney, think again. A good personal injury lawyer can almost always obtain much higher settlements, obtain reductions of medical bills and insurance liens and prevent you from making costly mistakes. Also, most personal injury attorneys advance costs of obtaining police reports, medical records and the like and are paid and reimbursed for these costs only out of any settlement.

 

Eight, you will need to report the accident to your insurance company, but since they will want to take a recorded statement from you, just like any other driver’s insurance company, it’s good advice to retain an attorney first. And if the other driver did not have insurance, remember that it is your own insurance company that will be your adversary. You will also need to report the accident to the Department of Motor Vehicles and your lawyer can give you the form for this.

 

Ninth, do not agree to settle your claim privately with the person at fault for the accident. This almost never works out to your advantage. Don’t agree not to call the police. Police reports that determine the fault for an accident are golden. Your agreement to not involve the police only affords an opportunity for the other driver to change his story and blame you when the police will no longer investigate the accident.

 

Tenth, don’t pay a traffic ticket without a fight if you weren’t at fault or agree to accept a small payment for your vehicle repairs without knowing that the amount will in fact cover the cost of all the repairs.

 

If you’ve had a personal injury in Santa Maria, Santa Barbara, Camarillo, Ventura, Oxnard, Cambria or San Luis Obispo, or anywhere in Southern California, we have the knowledge and resources to be your Santa Maria Personal Injury Lawyer and your San Luis Obispo Personal Injury Attorney. Be sure to hire a California law firm with auto, motorcycle, truck, bicycle, pedestrian, car, bus, train, boat and airplane accident experience, wrongful death experience and insurance law expertise who can ensure you are properly represented and get the compensation you deserve.

 

If you have a personal injury legal matter, a dog bite or if you’ve lost a loved one in a wrongful death accident, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.SebastianGibsonLaw.com  and learn how we can assist you.


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1. Always drive a little less than the speed limit in the fast lane on freeways.

 

2. Never signal your intention to turn or others will take advantage.

 

3. Playing the radio as loud as you can warns other drivers you are coming.

 

4. Never change lanes just one at a time when you can cross over four or five lanes all at once and really wake up those drivers behind you.

 

5. Wear the thickest glasses you can find so people realize you are half blind.

 

6. Wearing sun glasses at night makes you look cool.

 

7. Using your bright high beams on your car is appreciated by other drivers coming the other way.

 

8. Never drive as fast as the speed limit.

 

9. When it rains, it’s a good time to test out those rain tires.

 

10. Staying home when it’s snowing is girly.

 

As you might imagine, we don’t endorse any of these techniques. In fact, some of these driving methods can be deadly. However, here are ten more useful tips of advice from a personal injury lawyer you should follow if you have been in an accident. You can also learn more about how to handle a personal injury in Tustin, or any city, by calling the Law Offices of R. Sebastian Gibson at any of the numbers which can be found on our website at http://www.SebastianGibsonLaw.com  and learning how we can assist you.

 

Obviously, if you have had an accident, and you are reading all of this advice, it’s probably been at least a few days since the accident. However, if it’s only been a few hours or if you ever have another accident, here’s what you should do the next time from the start.

 

First, take a look around and determine if you or anyone, are hurt. If so, taking steps like trying to prevent further injury or loss of blood are the most important thing you can do. Even if some other driver caused you to be injured, it’s just good manners to help the other driver if they are hurt. They may even be so thankful that they admit their fault to you. The worst thing you can do is get angry or start a fight.

 

Second, make sure everyone is safe from being injured further. If you are in the middle of traffic, and you are dizzy, sit down away from traffic. If your vehicle is a traffic hazard and you have accident warning devices like flares or triangles, put them out on the road to warn other drivers and get away from the car. Let the police an other emergency personnel investigate the scene with the vehicles in place and move them more safely at a later point.

 

Third, call the police. Accident reports are extremely helpful if the police will do such a report. Let the police know you are injured immediately. Answer the police questions honestly. But if you are dazed or confused, let them know you need medical treatment and answer only what you feel sure about. Remember, your statements can and will be used against you if you admit fault, and it will be too late and too fishy to later say you didn’t know what you were saying at the scene. Police know that your best recollection is immediately after an accident.

 

Fourth, get the other driver’s information including their names, addresses, driver’s license numbers, make and model of their vehicles, license plate numbers, and their insurance company name and policy number. If there are witnesses, get their names, addresses and telephone numbers as well. If the other driver makes any admissions of fault, write those down as well.

 

Fifth, if you have a camera on your cell phone or in the car and you aren’t too injured, take some photos of the vehicles and the scene. If you can’t do it right away, do it after you are released from the hospital.

Sixth, if you are hurt, obtain medical treatment. Don’t decline the ambulance or hospital examination to save your insurance company money or to be stoic. Take your valuables out of your car if you can and get checked out at the hospital. If you are not hurt, don’t get treatment you don’t need. However, remember, after an accident, you may feel a rush of adrenaline that causes you to only start feeling symptoms of pain a few hours later. If you have a health plan that requires you to obtain permission first, call them and find out where you are allowed to seek treatment.

 

Seventh, call a good personal injury lawyer as soon as you have had your initial treatment, so the attorney can gather other important evidence and prevent the insurance company from taking advantage of you and obtaining such things as recorded statements that you feel fine, when many of your symptoms have yet to manifest themselves. A good personal injury lawyer can save you from making a great deal of mistakes and can shoulder much of the hassle of knowing what to do about car repairs, car rentals, medical treatment, witness statements and the like. If you think you will save money by not having an attorney, think again. A good personal injury lawyer can almost always obtain much higher settlements, obtain reductions of medical bills and insurance liens and prevent you from making costly mistakes. Also, most personal injury attorneys advance costs of obtaining police reports, medical records and the like and are paid and reimbursed for these costs only out of any settlement.

 

Eight, you will need to report the accident to your insurance company, but since they will want to take a recorded statement from you, just like any other driver’s insurance company, it’s good advice to retain an attorney first. And if the other driver did not have insurance, remember that it is your own insurance company that will be your adversary. You will also need to report the accident to the Department of Motor Vehicles and your lawyer can give you the form for this.

 

Ninth, do not agree to settle your claim privately with the person at fault for the accident. This almost never works out to your advantage. Don’t agree not to call the police. Police reports that determine the fault for an accident are golden. Your agreement to not involve the police only affords an opportunity for the other driver to change his story and blame you when the police will no longer investigate the accident.

 

Tenth, don’t pay a traffic ticket without a fight if you weren’t at fault or agree to accept a small payment for your vehicle repairs without knowing that the amount will in fact cover the cost of all the repairs.

 

If you’ve had a personal injury in Tustin, Orange County, Yorba Linda, Westminster, Lake Forest, Fountain Valley, El Toro, La Habra, Cypress, Rancho Santa Margarita, Newport Beach, Anaheim, Irvine, Huntington Beach, Corona del Mar, Laguna Beach, Santa Ana, Orange, Fullerton, Costa Mesa, or anywhere in Southern California, we have the knowledge and resources to be your Tustin Personal Injury Lawyer and your Orange County Personal Injury Attorney. Be sure to hire a California law firm with auto, motorcycle, truck, bicycle, pedestrian, car, bus, train, boat and airplane accident experience, wrongful death experience and insurance law expertise who can ensure you are properly represented and get the compensation you deserve.

 

If you have a personal injury legal matter, a dog bite or if you’ve lost a loved one in a wrongful death accident, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.SebastianGibsonLaw.com  and learn how we can assist you.


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