Slip and Fall Accidents
Slip, trip and fall accidents are generally considered "premises obligation" cases. These situations arise whenever a home owner or custodian is negligent in the upkeep, repair and upkeep of the property in question. Many states have laws that require landowners to keep their home so that it does not present an unreasonable risk of harm to those that visit the property. Often, these guidelines relate to both company owners and homeowners.
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In many states, an owner owes a responsibility to persons who utilize his premises to work out reasonable care to keep his or her aisles, passageways, and floors in a fairly safe condition. This responsibility includes a reasonable work to keep the premises free of any dangerous conditions which fairly might give rise to damage.
Premise obligation instances include: "slip and drops at commercial establishments caused by liquids or foreign substances; "journey and fall incidents caused by unsafe property conditions; "construction site accidents and, assaults by workers or business clients in numerous states, business owners and property owners have a duty to provide a safe environment for people on their premises.
If you are hurt because a residential property owner or a business establishment fails to supply a safe environment, you may possibly have a right to bring a claim for different damages incurred due to your damage. In numerous states, these damages include pain and suffering, medical expenses and lost wages.
Civil Litigation
Our law firm has been at the forefront of groundbreaking and noteworthy civil cases. We have achieved excellent results in a wide range of legal matters, including:
- Class Action Suits
- Work Law
- Police Misconduct and False Arrest
- Severe Private Injury
- Catastrophic Personal Injury and Wrongful Death
- General civil litigation
One of the keys to our success has been the individual interest and determination we bring to every case. We work closely with our clients to understand their goals and create a strategy that provides them their best chance at a good outcome. Our talented civil litigation attorneys collaborates on each brand new situation to find innovative solutions. We fight for our customers in and out of the courtroom.
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In 2016, motorcycle accidents accounted for 15.1 percent of total motor vehicle deaths in California. In fact, a Fatality Analysis Reporting System (FARS) report released in May 2018 showed that there was a 6% increase in the number of deaths from motorcycle accidents since 1994.
Common Causes of Motorcycle Accidents
Motorcyclists are encouraged to follow all traffic laws and avoid dangerous practices in order to not only avoid an accident but to reduce or eliminate their share of any fault in an accident.
But drivers of passenger vehicles, public buses, trucks, and other vehicles on the road must also watch out for motorcyclists. The majority of the time it is actually the motorist’s fault and not the motorcyclist’s.
Other causes include:
- Unsafe lane changes
- Driving under the influence (DUI)
- Rear-end accidents resulting from sudden stops
- Distracted driving
- Dangerous road conditions such as uneven pavement, potholes, and construction
- Lack of signals
- Manufacturing defect or poor design
Motorcycles are smaller than cars and can be in a car’s “blind spot,” such as near their roof pillars, or even blocked by objects in the backseat or trunk. Some drivers get too close to motorcyclists and are thus not prepared to stop or slow down.
Why You Need A Motorcycle Accident Attorney in San Diego
The insurance industry receives thousands of claims a day, and after creating your record in their system, the accident is assigned to an adjuster who sees the victim as a number. A motorcycle attorney, on the contrary, looks at the victim as a person who suffered and who needs an advocate. The insurance companies want to save themselves money, so they hire intrepid attorneys to do just that. An attorney for the people, however, builds a case with the best evidence available to get the most compensation for their clients. Experience with motorcycle accident personal injury cases matters, and knowing what types of common arguments insurance companies will make is important.
If you’ve been injured in a motorcycle accident in San Diego, then don’t accept the settlement from the insurance company. Call Brian E. Watkins Law instead to find out if your compensation can be greater. We investigate your claim, interview expert witnesses, gather testimonies from witnesses, and exhaust all of our resources to help you get the compensation you deserve. We negotiate with the insurance company on your behalf so that all of your damages are covered in your settlement.
Types of Motorcycle Injuries
Because of the severity of these types of accidents, there are different types of injuries that can result.
Head and Neck Injuries
There are myriad bones, joints, ligaments, tendons, and muscles throughout the head and neck because of how important those are to life. This is why any injury to the head and neck can be severe and have long-lasting impacts that affect how a person sees, hears, or uses their mouth. An injury to the head can include fractures and broken bones, whiplash, and traumatic brain injury.
Spine and Spinal Cord Injuries
These are some of the most common and most dangerous injuries to result from motorcycle accidents. Symptoms after a motorcycle accident include:
- Severe back pain
- Pain or pressure in your neck, head, or back.
- Numbness, tingling, or loss of sensation in your extremities
- Paralysis
- Weakness or incoordination anywhere in the body
Injuries can result when the discs that make up the spine are broken or crushed and pushed into the spinal cord.
Cuts and Bruises
Lacerations and road rash can be extremely painful and are at risk of infection. You should seek treatment right away if you have suffered superficial skin injuries. A doctor can also advise you on whether or not you will have any scarring as a result of your skin injuries. If you have suffered from cuts and bruises as a result of your accident, as well as disfigurement, then call Brian E. Watkins Law to learn more about recovering your damages for pain and suffering. When properly wearing protective riding gear, surface injuries can be mitigated, but are not fully preventable.
Joint Injuries
These occur when the body has been forcefully bent in any one direction and can range from minor, such as sprains, to severe and requiring surgery and physical therapy. Damage to the knees, wrists, elbows, and pelvic area is common after motorcycle accidents. Dislocations are extremely common after motorcycle accidents, such as the shoulders, fingers, or jaw.
Frequently Asked Questions About Motorcycle Accidents
While we strive to provide helpful information, the best way to know about your specific case is to call us directly at Brian E. Watkins Law to schedule your free consultation.
What is the difference between lane sharing and lane splitting?
Lane sharing is when two motorcyclists share a lane by riding next to each other. This is helpful to them at night especially. But this is not to be confused with a dangerous practice called lane splitting, which is when a motorcycle is riding between lanes or rows of slow-moving or even stopped cars that are moving in the same direction. Sometimes it is called “white-lining” to refer to driving on the white lines that separate the lanes.
Is lane splitting illegal in San Diego?
It is neither prohibited nor condoned to ride between lanes of traffic or between rows of vehicles. If the motorcyclist was found to be reckless or negligent while lane splitting, then this can negatively affect your case. If the accident occurred while you were lane splitting, it’s likely that some of the faults for the accident will fall on you.
Do I need to wear a helmet?
According to California Vehicle Code Section 27803, all motorcycle riders and passengers must wear a safety helmet meeting requirements outlined in Section 27802 and by the Department of Transportation, and it is illegal not to.
If you have been injured in a motorcycle accident, call San Diego personal injury lawyer Brian E. Watkins for a free consultation.
Automobile Accidents
What you may not at first realize is that there's a wide range of those at fault for your automobile accident.
Negligent Drivers
Most commonly, reckless motorists are responsible for crashes, although there are a lot of different kinds of careless behavior. Speeding, changing lanes without checking, running red lights, and driving while sidetracked are only a number of the actions that can lead to any type of crash and cause many different kinds of injuries.
Companies and Organizations
Beyond single motorists, various companies may be responsible for a crash. City and state government companies that do not correctly design or maintain roads can be held accountable for crashes. Often, broken streets or confusing designs can lead to losings of control or major errors that result in serious injuries.
Vehicle Manufacturers
In other situations, an automobile manufacturer may have developed faulty auto parts that put vehicle occupants at danger. These parts, such as failing tires and leaking tanks, can be the cause of a crash or aggravate the potential effects of a crash.
In the wake of an auto accident, it is essential to determine who exactly is accountable for your crash and the ensuing damage. Through investigation and the collection of proof, the individual or entity at fault can be held liable. Significantly, there may be numerous parties responsible, such as careless drivers who caused the crash and the makers of failing air bags that worsened injuries.
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