How Truck Accidents are Different from Car Accidents
Being involved in a collision with a big-rig truck can be very scary. Auto accidents are harrowing enough as it is, but truck accidents commonly produce serious injuries and damage when hitting passenger vehicles, which often results in fatalities. Statistics associated with truck accidents show them as a leading cause of death on the nation’s highways. They are especially troublesome in states like California with the massive highway system and vibrant economy. However, the damage that can be caused by a tractor-trailer is not the only aspect that makes truck accidents different from car accidents. Car accidents commonly involve limited insurance coverage because California state auto insurance minimums are not often inadequate when serious injuries are incurred. Truck accidents are different because trucking companies are required to carry a $1 million liability minimum policy for each truck and designated driver. This means that our Los Angeles truck accident attorneys have a potential for securing whole damages for our injured clients when certain case facts are present. Truck Accident Defense Trucking companies all realize that crashes involving their trucks can be detrimental to the company profit line, which means they are always ready to dispatch a reconstruction team to investigate the wreck as soon as it happens. Evidence can evaporate quickly following any wreck. The problem with trucking companies and their insurance providers is they also try to influence the official reconstruction specialists with local law enforcement agencies. The purpose of this immediate intervention is an attempt to prepare a comparative negligence case against the injured parties because it can lessen the value of personal injury claims. This is especially true when there are potential wrongful death claims looming beyond personal injury lawsuits. Substantial Potential Damage Settlements Truck accidents that are caused by an impaired truck driver or violating DOT rules could result in a plaintiff attorney requesting a trial in an effort to obtain punitive damages ruling from a sympathetic jury. It takes a jury to make a final determination regarding comparative negligence among all drivers involved in the accident. The insurers and defending trucking company can win at least a minor victory in obvious cases when they can influence the court assignment of comparative negligence to the claimants. Los Angeles truck accident attorneys understand that damages could be substantial, but there could be limitations without the right attorney. Contact a Personal Injury Lawyer in Los Angeles Never let a trucking company or their insurer deny you whole compensation in a truck accident case. Always call the legal professionals at Gutierrez Law. Our personal injury lawyer in Los Angeles investigate all truck accidents for whole compensation.
Read more
Nursing Home Abuse
Having an older loved one admitted into a care facility is never an easy decision to make. Rumors of nursing home neglect and abuse only make the decision that much more difficult. While incidences of abuse are relatively rare, they do happen and it’s important to know the signs. If you suspect someone is mistreating your older loved one, it’s important to contact our elder abuse lawyers in Los Angeles as soon as possible. A Sudden Lack of Personal Hygiene A common red flag for identifying nursing home neglect is a lack of personal hygiene. If the facility is short-staffed or there’s some other reason for a lower level of care, one of the first things that may suffer is hygiene on behalf of the residents. This is because staff members are no longer helping the residents bathe, dress themselves, trim their nails, etc. While this may not be enough for you to run out and consult a personal injury lawyer in Los Angeles, you should at least bring your concerns to the attention of facility managers. Examine Their Living Quarters Another indication of neglect is the presentation of your elder’s one’s living quarters. As elder abuse lawyers will point out, federal law mandates that nursing homes must provide safe, sanitary, and comfortable living conditions for each resident. Leaking pipes, stained carpets, or unrepaired utilities are all indications that your loved one’s needs are being neglected. Poor Nutrition While this isn’t something you can see, you will be able to observe the effects of poor nutrition. For instance, sudden or severe weight loss is an obvious sign that your loved one isn’t eating properly. Also watch for signs of dehydration. For instance, does your elder seem especially thirsty during your visits? If you suspect your elder is either malnourished or dehydrated, contact our elder abuse lawyers in Los Angeles as soon as possible. This type of neglect, in itself, can have immediate and negative effects on the elder’s health. Loss of Mobility Another factor that should draw your attention and urge you to contact elder abuse lawyers is the mobility of your loved one. Nursing homes are required to provide physical activities for their residents and special exercises should be arranged for handicapped or disabled residents. A lack of physical exercise can cause advanced degradation of muscles and loss of bone density, resulting in decreased mobility and flexibility. Indications of a lack of physical activity are bedsores and infections. Injuries That are Insufficiently Explained If physical abuse is taking place, the elder may develop injuries that go unexplained. In other cases, staff may offer an explanation, but one that seems suspicious. Where you see broken bones, bruises, or head injuries, you should investigate the matter further. Be wary of repeated injuries, as these can be the result of either abuse or neglect. Psychological and Behavioral Changes If your elder suddenly behaves differently, that may be reason enough to suspect something isn’t right at the facility. For instance, they may seem fearful of staff members or may have stopped socializing in common areas. These changes can indicate an issue with aggressive […]
Read more
Child Injuries and Defective Toys
Most parents trust that child toys are always safe and efficient. However, it’s possible for a defective toy to enter the marketplace and cause a child injury. Then, finding the right legal representative to help your family is vital and highly recommended. Learn more about child injuries and what you can do to get the justice you deserve. Common Injuries Associated With Child Toys Some toys are coated with toxic chemicals such as lead and/or mercury. Children can ingest the toxins and develop symptoms that are similar to food poisoning. Other toys have parts that break apart easily and turn into choking hazards. Toys that are excessive in weight can fall on top of small children and results in bruises, broken bones or severe head injuries. Cheap and heavy toys, such as motor-powered toy cars, are likely to break apart and, as a result, be of more danger for the child. What a Child Injury Lawyer Does A child injury lawyer sympathizes with the injuries of the child victims and their families. Even if the injury is minor, the child injury lawyer will make sure that no other child is victim of such injury. An experienced personal injury lawyer in Los Angeles suggests a class action lawsuit if other accidents occur. The parents of an injured child have to deal with the emotional trauma of a medical injury; and are also forced to deal with the costly medical bills. A child injury lawyer seeks justice and compensation for families who should, in the process, only focus on healing physically and mentally. The Importance of a Product Liability Attorney First, a product liability attorney must prove that the toy manufacturer was negligent. If the company is a mega corporation, proving this negligence is not simple either. First, the attorney must review the company’s safety history and seek for other accidents that may have occurred previously. He or she may hire experts to prove that the product is defective, to then, tie the defendant’s negligence with the plaintiff’s injury. Most people, without thinking, rely on the safety of the products that they use every day. When it comes to children’s toys, the trust placed to manufacturers is immeasurable. So, it’s particularly traumatizing when your child’s accident is caused by a defective product. Contact a personal injury lawyer in Los Angeles to guide you through the process of filing a negligence lawsuit.
Read more
Toxic Tort
If you live in California and have been harmed by a dangerous substance in your environment, you may have a claim for a toxic tort. Toxic torts can happen due to a variety of situations, including air, land and water contamination. If an individual believes they have a case, they should seek out the help of a toxic tort attorney in Los Angeles. In tort cases, the usual characteristics apply. The plaintiff will allege that they were harmed by exposure from a harmful substance. In most cases, there will be little evidence of the substance, but it will also be alleged that a large number of people have also been exposed. It is also possible that there is a dormant period between the time of exposure to the substance and manifestation. This is the reason why a good toxic tort lawyer in Los Angeles is essential to your case. The law offices of Oscar H. Gutierrez have specialized lawyers who can take on toxic torts. They have helped clients receive millions of dollars in settlements. What is the best defense against toxic tort claims? A vigorous defense must be mounted. If scientific evidence is given, it is not impossible for it to be countered. If certain elements of the claim have not been proven, a number of holes can be poked in the defense. Procedure-based defenses can also be used. For example, it could be claimed that the case wasn’t brought forth in a timely manner. If you need to speak with an attorney about toxic torts, your best bet is to seek out the most experienced toxic tort attorney in Los Angeles. Individuals who bring forth tort cases should also understand that not everything is cut and dry. Tort cases have a number of problems that can make them that much harder to prove. For instance: – Proving causation – Stale evidence – Reliance on scientific evidence Contact our toxic tort lawyer in Los Angeles to give you more information.
Read more
How to Report Police Abuse or Misconduct
Witnessing or being the victim of police misconduct can be an upsetting experience. However, in order to move ahead, it is important to set your emotions aside as you take steps to address the misconduct. These steps may include consulting an assault and battery lawyer. Document everything: As soon as possible after the incident occurs, you should document everything you remember. You can use this documentation if you visit a personal injury lawyer in Los Angeles or police abuse lawyers in Los Angeles. This documentation should be done in a methodical way by writing everything down that you can remember about the incident. Be as accurate and specific as possible. Include the date, time of day and description of the police officer and any other people involved. Only include facts you are certain about since errors could be used against you even if they are innocent mistakes. Where possible, write down direct quotes. If you cannot remember direct quotes, note what was said as accurately as you can but do not make it appear you are quoting directly. Talk to an attorney: If you were arrested in the course of the incident, getting an attorney is a necessity. If you were not arrested, our police abuse lawyers in Los Angeles may still be able to help you decide whether you have a case that is worth taking to civil court. Your documentation and presenting yourself in a calm and coherent manner may help convince our personal injury lawyer in Los Angeles that your case is worth pursuing. An attorney will usually make a decision based on the strength of the evidence of misconduct. Filing a report: At some point, you can also file a police misconduct report, but if you are going to court, you should wait to do this until all civil and criminal issues have been resolved. Otherwise, you may provide information to the police in the report that you are not prepared to share with them. Your jurisdiction will have one or more places that complaints can be filed and a procedure for doing so. Do not discuss the report with police if you must visit a police station in order to file the report. Keep copies of the report and submit copies to the ACLU and NAACP if applicable. These steps may not always lead to action against the police officer, but they will create a paper trail if there are future complaints.
Read more
Determining Responsibility in a Multiple Vehicle Accident
Investigating and litigating traffic crashes involving one or two vehicles can often be easily accomplished by a car accident lawyer. Determining responsibility will usually come down to interviewing those involved and examining the vehicles and the scene of the crash. The issue can be far more complex in incidents involving a number of vehicles, which is why such crashes will often require what is known as an accident reconstruction. The Principles of Accident Reconstruction Chain reaction crashes may involve several or many cars and even different types of vehicles. They will also require intervention by auto lawyers to determine who is culpable for damages. Reconstruction experts are trained investigators who will carefully collect as much evidence as possible in order to determine culpability. In addition to the routine procedure of interviewing drivers and witnesses, these experts will carefully examine vehicle damage, skid marks on the pavement, police reports and pictures taken at the scene of the accident. The facts gathered by the experts will be used to determine the events leading up to the accident and how they contributed to the crash itself. Such information can prove valuable in assessing who is responsible for the cost of the injuries and damage that resulted from the crash. The best car accident attorney in town will use this information in formulating a civil case. The Rules of Contributory and Comparative Negligence In addition to the District of Columbia, the states of Alabama, Maryland, North Carolina and Virginia employ the rule of contributory negligence. This rule is considered rigid and unfair because it prevents victims from collecting damages in accidents for which they were deemed responsible. Their responsibility can be as little as 1 percent. Most states follow the rule of comparative negligence. California, Arizona and Alaska use the principle of pure comparative negligence, in which the degree of responsibility will affect the damages to be awarded. Other states employ a modified comparative negligence scheme, which prevents those who are at least 50 percent responsible for an accident from obtaining compensation. In Arizona, this rule is also applied in cases of driving while intoxicated. A car accident lawyer will work with others to determine the degree of responsibility in an accident. The Quest for Justice It will take diligent work by the best car accident attorney in town to properly establish culpability after a traffic crash. Auto lawyers will serve as both advisers and advocates throughout the legal process in order to obtain the best possible outcome in the cases they handle. This is why the victims of traffic accidents should consider contacting the Los Angeles Law Offices of Oscar H. Gutierrez at 323-999-3500.
Read more
What to do After a Dog Bite
Even though a lot of dogs are more than happy to give us endless companionship, even the most harmless of pups is able to go rampant when certain things occur. This is why there are millions of people being bitten by dogs every year. With there being a lot of medical, legal and financial ramifications that come from dog bite injuries, you will find that it is very important to know what you should be doing after being bitten by a dog. First Steps After getting bit by a dog there are some things that everyone should do. So, here are some easy to follow steps to guide you in your time of need: Get Medical Help: If you have a serious wound, or what may even seem like a harmless wound, you should always seek medical help. If a dog has not been vaccinated (rabies), then you might get an infection. If you are feeling up to it, you should certainly take some pictures of the wounds that the dog gave you before you go in for treatment. The Exchange of Information: Similar to how things work after a car accident, you are going to want the owner’s information so that you are able to talk to them easily after everything. You should be getting the name of the owner, their address, and their phone number/email. Witnesses: If there are any witnesses you are going to want to get their contact information so that everyone can give an accurate statement as to what occurred. Animal Control: If you report the incident to animal control you will be helping other individuals by preventing them from getting bitten by the same dog. Contacting a Dog Bite Lawyer When trying to find a dog bite lawyer, or a dog bite attorney in Los Angeles, you might want to get documentation of the incident first. It will be helpful to everyone involved if you can have all of the information needed prior to contacting a dog bite lawyer in Los Angeles. You are going to want a dog bite lawyer in Los Angeles that has a lot of experience. This means making sure that the dog bite attorney in Los Angeles you contact has all of the correct qualifications. There may be a lot of lawyers in this world, but not all of them are going to know exactly how to win your case. You will want someone who has a lot of experience with defending your specific type of case, and someone who has a lot of people working for them on the case so that they can get the job done right. Many individuals who have had to sue someone because of a dog bite have said that the hardest part of the whole case was finding someone who would not only defend them with the case, but also know how to treat their case like it should be treated. You should make sure that the lawyer you choose is a lawyer that you can trust.
Read more
Pedestrian Accident Injuries
Pedestrians accidents are increasing day by day. The accident can happen to any person walking along the sidewalk or simply crossing the road. This occurs due to reckless driving, lack of attention to road signs by the driver or the pedestrian themselves, or a vehicle losing control. A pedestrian accident is when a car hits a person walking on foot. Vehicles can include motorcycles, bicycles, cars, trucks, and an automated machine. Children and older adults should get help when crossing roads to avoid these accidents. One should not walk on the highway or too close. Instead, one should use the sidewalks designated for pedestrians. A pedestrian accident can occur when a car loses control; the vehicle sideswipes the passenger or hits them against a non-moving object like a building or another stationary vehicle. The motor vehicle can run over the victim causing significant injuries or even death. When one gets involved in an accident, you should immediately acquire a pedestrian accident attorney. The professionals can help you recover what you lost after the crash. Pedestrian accident attorneys represent you in court. When an accident happens, one should make a note of some facts such as the location of the incident, the day and time, the license plate number of the involved vehicle, and retain the contacts of the people who witnessed. When the accident happens, many drivers panic and they run away. When the driver involved flees the location of the crash, it becomes a hit-and-run. A hit-and-run is a felony in Los Angeles. You can report an accident even if it happened sometime back and not reported immediately. What a victim says after the accident can affect the process of recovery. After the occurrence, one should seek medical attention. A victim should visit a hospital even if they do not believe they have significant injuries. Finding medical care will help examine the intensity of the injuries. The examination can tell whether you need surgery or the level of treatment that is fit for you. Considering the injuries can also give records that the pedestrian accident lawyers can use in filing the case. A personal injury lawyer in Los Angeles should come from a well-recognized firm with a good reputation. One should seek legal redress immediately after the accident. People should have in mind that there is a limited time one should bring forth their injury claims. One should consult a pedestrian accident lawyer as soon as possible. Contacting a personal injury lawyer in Los Angeles as quickly as possible can help one recover significantly from the injuries incurred and other losses. Passage of time can cause fading of recent memory from the victim which makes it difficult to remember relevant information about the incident. Some of the various injuries that happen are: • Traumatic brain injuries – is a blow to the head or the body that can cause panic hence brain dysfunction as a result of the accident. Some traumatic injuries are severe while others can be minor; taking little time to recover. • Spinal cord injuries – are a traumatic impact on the spine that can dislocate […]
Read more