Who is Usually Liable in Automobile Accidents?

March 9, 2011

In the US, almost 40,000 deaths occur due to automobile accidents annually.

About 4,000 of those fatal car accidents occur in California.

This does not even include the millions of injuries that come with these automobile crashes.

That is why if you have been hurt, or if a loved one has been killed in a car crash, you should quickly consult with a Los Angeles automobile accident attorney to help you hold the liable party civilly responsible for the losses you sustained.

But who are the possible liable parties in a car accident?

Well, here are the top 3:

1.    Negligent Drivers

The top most liable party in major car accidents is still negligent drivers.

Most of the time, the driver’s negligence is determined due to a violation of a traffic policy.

Some of the most common driver violations include:

  • DUI – Drivers are prohibited from having 0.08 percent BAC while on their vehicle.
  • Speeding – The speed limit on most California highways is 65 mph; if there is no speed limit posted then assume that its 50mph.
  • Reckless driving – Drivers are prohibited from driving in a way that disregards the safety of other people.
  • Driving while on phone – Drivers are prohibited from driving while using their cell phones.
  1. Manufacturers

If the cause of the accident is a safety defect, then the most probable liable party in this case is the manufacturer.

Liability in these cases is usually determined through the principle of strict liability where, instead of proving negligence, you only have to prove that there is a safety defect that caused your injuries while you were using the car for its intended purpose.

Some of the most common car safety defects include:

  • Brake system malfunction
  • Defective airbags
  • Sticky gas pedals
  1. The City

The city is responsible for providing its motorists safe roads and thoroughfares.

If the accident is caused by a defective road condition, then the city can be held liable for the injuries you sustained.

Some examples of dangerous road conditions include:

  • Potholes
  • Inadequate road and traffic signs
  • Road debris
  • Too much foliage and plantation
  • Uneven lane widths

Get Help

The Mesriani Law Group has a team of expert and dedicated Los Angeles injury attorneys who have proven their mettle in handling various automobile accident cases.

For a free consultation, feel free to call us at our toll free number at 1-866-325-4529 or send an email at info@mesriani.com .

 

 

Minimizing Slip and Fall Accidents in Bathrooms

March 4, 2011

Accidents can happen just about anywhere: on the road, at malls, schools, restaurants, playgrounds, and even on parking lots. Negligence on the part of the victim or a third party individual or entity is often the root cause of such accidents. Some of these also may get too serious that legal help from a Los Angeles Personal Injury Lawyer may have to be obtained in order to deal with legal liabilities in an accident.

A slip and fall accident is one of the most common accidents that can happen to someone. While this accident has a high frequency rate, the injuries it can result to are rarely severe. But this is not a reason for people to remain neglectful and not do anything to prevent it. There is still a chance that the victim would want to recover damages for the expenses he incurred due to the injuries, especially if it is or turns severe.

People – especially the old, sick, dizzy or disoriented – are also susceptible to slip and fall even at their own houses, most notably in the bathroom because it is generally slippery from the water all over. The owners may face even bigger trouble if the victim happens to be their visitor, since visitors are eligible to sue home owners for compensation. Fortunately, owners can minimize the risk of slip and fall accidents due to slick bathroom floors by doing the following:


  • Place non-slip rugs or mats inside and outside, but use as few as possible. Opt for those that do not bunch up and could be tripped over by people. Choose non-slip because it lays flat and is made specifically for bathrooms.
  • Do not substitute bathroom mats with towels.
  • Consider installing grab bars next to the toilet, especially if some of the people in the house are old or sickly. These bars can help them pull themselves up after using the toilet, or in balancing while putting on clothes.
  • Make sure there is enough lighting inside the room; it should be bright enough to let people see if there are floor hazards to avoid.
  • To lessen steam build-up that can obstruct vision, consider installing an exhaust fan.
  • Consider also using products that can be put on ceramic tile floors to help reduce tile slick.

Whether or not a slip and fall accident happened at home, victims need to get assistance from a Los Angeles Personal Injury Attorney to help them get the compensation they deserve for their injuries. Call a lawyer now from the Mesriani Law Group at (310) 826-6300.

 

 

Safety and Protective Gears Used to Reduce Injuries in Motorcycle Accident

February 23, 2011

Since motorcycle riders are exposed to road hazards, they are expected to further protect themselves with the use of protective clothing and gears that can minimize the risk of injuries. Riders can get help from a San Diego motorcycle accident attorney in the event of a mishap, but they can opt for a cheaper solution to motorcycle accidents by using these readily-available safety gears.

  • Helmets: Multiple studies (most notably “The Hurt Report”) have proven that helmets, specifically those that met standards established by the Department of Transportation (DOT), saves lives by reducing the risk of head injuries. The outer shell of the helmet protects the head from abrasion and penetration. Inside the shell is an impact-absorbing material that collapses under to effectively absorb blows. The soft foam and cloth liner inside the helmet keeps the head comfortable and snugly-fitted. A full-face helmet can also make riding more comfortable as it cuts down wind noise and blast on the face, without any negative effects.
  • Gloves: Riders are advised to use gloves that cover the entire hand and are seamless, or with external seams, to protect their hands from blisters, cuts, abrasions, and bruises which may be brought by various elements. It also improves grip on the handlebars. They may also use gauntlets to prevent cold air from going up the sleeves. Use lightweight gloves during summer and heavy lined or insulated ones during winter.
  • Footwear: Recommended footwear for motorcycle riding are sturdy, over-the-ankle boots. This protects the rider from burns due to hot exhaust pipes, impacts from road debris, and foot and ankle injuries due to crashes. Boots with oil-resistant, rubber composite soles provide strong grip on the pavement or the bike’s pegs. Those who want heels may want to go for boots with low and wide heels.
  • Jackets, Pants, and Riding Suit: The Hurt Report also stated that dressing with clothes made of leather or other durable and abrasion-resistant fabric can protect riders from injuries. These fabrics are also wind and water resistant, and have high-visibility properties. Opt for a jacket with a zippered front and tapering on cuffs and waists. Long-sleeved top and pants reduce chances of becoming hydrated, and choose brightly-colored gears if possible. Avoid wide-flared pants, flowing scarves, or other items that may become entangled. Wearing several layers of clothing or a riding suit can also help during cold weather.

Victims of any kind of road accident can always rely on an accident attorney in San Diego from Mesriani Law Group to take care of their claim. E-mail info@mesriani.com now to get started on the claim.

 

 

Safety Regulations for Pickup Trucks, Trailers, and Vans

February 21, 2011

Today trucks are used not only for business, but for recreational purposes as well. Pickups and vans, which are both types of smaller trucks, can also be used even by ordinary families when going hiking or camping. It can even hoist a trailer. But like bigger trucks, even these smaller types are still vulnerable to accidents, especially if their owners fail to comply with safety regulations as mandated by the law.

If you were injured in any type of truck accident, get help from a Los Angeles truck accident attorney immediately.

In order to have a safe journey with the family, the California Department of Motor Vehicles (DMV) laid down some regulations and tips when handling truck and trailers.

Passengers

For RVS and recreational trailers, passengers are not allowed to sit in the trailer coach while it is being towed, but they are allowed in a durable fifth-wheel trailer coach. If the passengers are in a camper, it must have an unblocked exit door which can be opened both inside and outside.

Balance and Towing

Weight distribution is important when properly towing a trailer to your truck or van; otherwise the trailer may fishtail, or sway back and forth across the lanes. For travel trailers, acceptable hitch weight for handling is between 10 to 15 per cent of the trailers’ weight. It may be higher in some cases. Hitch weight for larger trailers depends on the capacity of tow vehicles and hitches, the strongest being 1200 pounds. Trailers should be towed with pickup truck or van because a passenger car’s suspensions cannot handle that much weight.

Trailer Lights

In California, trailers are required to have reflectors, tail lights, brake, and license plate lights. If the tow vehicle lights are hidden, signal lights must be installed. Trailers that are 80 inches wide or more must have clearance lights. The owners should make sure that all of the lights are functioning properly.

Trailer Brakes

Trailer coaches or camp trailers that weigh 1500 lbs or more must have brakes, even if the braking capacity of tow vehicles is good. It may be harder to brake safely if there is additional weight on the tow and trailer due to the heavy load. Most fifth-wheel trailers have electric brakes. A controller triggers the electric brakes in order to coordinate with the tow vehicle’s own braking system. This controller can also stabilize a trailer that sways due to various road conditions.

To know more about the regulations of the DMV, or get help in filing a truck accident claim, call a Los Angeles accident attorney from Mesriani Law Group at (310) 826-6300 now.

 

8 Common Factors that are Present in Motorcycle Accidents

February 17, 2011

Accidents do not happen by themselves. In almost every situation, there will be a party or individual responsible for the accident. That is also the case for motorcycle accidents. If you are a motorcyclist, you should be aware of certain conditions and situations where accidents and crashes take place. Following are eight factors that are often present in these accidents:


1.    Alcohol intake before riding – Riding under the influence often causes impairments in motorcycle riding.

2.    Rural areas – Motorcycle crashes often happen in places where there is minimal lighting such as rural areas.

3.    A sharp curve on the road – Statistics show that a large percentage of motorcycle crashes take place after the rider encounters a sharp curve.

4.    Undivided roadways – When a road is undivided by a center median, motorcycles may swerve to the opposite lane and collide with vehicles coming from the other direction.

5.    Night riding – Motorcycles get into accidents at night more often because other motorists do not recognize them right away.

6.    Motorcyclists who are either too young or old to ride – Statistics show that teen and elderly motorcyclists are both at risk of getting into accidents.

7.    Collision with a stationary object – More than half of all motorcycle crashes are collisions with stationary objects such as trees, posts, walls, and road barriers.

8.    Overspeeding – Riding over the speed limit causes almost two-thirds of all motorcycle crashes.

These are just some situations where motorcycle crashes often take place. If you were involved in a similar crash and you got injured, you have to seek legal assistance from a Los Angeles motorcycle accident attorney. You will need his legal skills and knowledge to help you obtain compensatory damages from the responsible party. Some of the benefits you may recover include:


  • Medical expenses
  • Property damages
  • Pain and suffering
  • Lost wages

If you want to make sure you get the benefits mentioned above, ensure that you hire an experienced Los Angeles accident attorney. Here in Mesriani Law Group, we have an exceptional group of lawyers who are experts in resolving these kinds of legal issues. Call us at (310) 826-6300 or email us at info@mesriani.com if you want to obtain our full legal services.

Getting into a motorcycle accident is a tragic experience and victims have low chances of surviving it. If you want to avoid such an accident, then you should know how to deal with the eight situations given above. Otherwise, be prepared to deal with the painful consequences of your irresponsible actions.

 

 

 

How to Avoid Being Involved in a Motorcycle Accident

February 15, 2011

A motorcycle is like a car or bus in a sense that it is used to transport people from one place to another. However, it is considered more dangerous compared to other types of motor vehicles because it only has two wheels, which may cause it to become unstable when a motorcyclist is speeding or is moving on a rough or slippery road.

Many people have already died after being involved in a motorcycle accident. In fact, statistics show that in 2008 alone, around 5,290 bikers died while 96,000 others were injured due to it.

As a motorcyclist, you are expected to exercise reasonable care with your actions while you are on the road because one simple mistake that you commit can trigger a fatal accident. If the negligent action was done by another motorist and you were injured because of it, you have the right to pursue a case against him with the help of a Los Angeles motorcycle accident attorney.

Taking legal action may be your best option because it will help you acquire the justice that you deserve and it may enable you to recover monetary damages from the defendant.

Preventing Motorcycle Accidents

Protecting yourself while on the road will help save you from possible injuries and prevent you from going through the litigation process if ever you were involved in a motorcycle accident.

In order to prevent such accident from taking place, it is advisable that you follow these tips:

·         Avoid road debris- Small objects like woods or rocks may not be dangerous for cars, trucks, or buses, but will likely have a negative effect on motorcycles. If you failed to avoid debris, there is a high chance that you will encounter problems when controlling your vehicle.

·         Avoid lane splitting- it happens when you move between two vehicle lanes. Although it will prevent you from being stuck in traffic, this act is also dangerous because you can get hit by a driver who suddenly decided to switch lanes.

·         Wear bright-colored clothes- Wearing a neon or yellow shirt will enable other motorists to notice your presence, thus reducing the chances that they will collide with you.

·         Check your motorcycle- Every time you are on the road, your vehicle or a part of it may sustain damage without your knowledge. In order to make sure that your motorcycle will not suddenly malfunction while in use, you should first check its tires, brakes, mirrors, and other parts before you travel.

For more information about motorcycle accidents, you can visit a Los Angeles injury attorney from the Mesriani Law Group at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

 

Top 4 Mistakes after a Motorcycle Accident

February 11, 2011

If you have been injured in a bike crash, you should consult a San Diego motorcycle accident attorney to help you hold the negligent driver liable and recover your losses.

You might think that you can deal with it on your own, but hiring a lawyer will help you get the maximum injury settlement amount that you deserve.

A lot of people choose to deal with these things alone and they end up getting compensation that is smaller than what they deserve.

That is because you will not really be dealing with the other driver, but with his or her insurance provider.

Insurance companies have expert insurance adjusters who are trained to find holes in your claim to either deny or devalue it.

You might not realize it, but just by talking to insurance adjusters, you are already putting yourself at risk of committing several mistakes that could not be good for your claim.

Some of those mistakes include:

·         Accepting the first offer

Insurance adjusters will try to sweet talk you into accepting their first offer.

They will convince you that they are doing you a favor so that you do not have to go through the trouble of making an accident injury claim.

What most do not realize is that the offer is significantly smaller than the amount you deserve and if you accept, you will have trouble collecting more if it is not enough to cover your expenses.

·         Admitting fault

Insurance adjusters are also experts at asking questions that would lead to answers that would pin liability on you.

A simple question like “could you have done something to prevent the motorcycle crash?” can be detrimental to your claim.

By simply answering “yes” to the question, you have already admitted partial responsibility for the accident.

·         Saying they are fine

Insurance adjusters will also ask “are you hurt?” or “are you fine?” when they communicate with you.

It may sound like genuine concern, but if you say that you are unhurt then they can interpret that as you did not sustain any injuries.

·         Signing release forms

Another mistake made by a lot of claimants is that they sign forms and waivers releasing the defendant from liability after accepting the amount without calculating if it covers all the damages they sustained.

Once you signed a release form, then you can no longer recover other losses that were not covered.

Get a Lawyer

To avoid these mistakes, Mesriani Law Group’s Accident attorneys in San Diego can guide you throughout the whole accident claims process from the filing until you get the compensation you deserve.

You can get a free consultation by calling our toll free number at (310) 826-6300 or by sending an email at info@mesriani.com.

 

 

8 Safety Reminders for Cyclists to Prevent Road Accidents

February 9, 2011

Because of the soaring prices of gasoline and diesel, there are people who look for alternative ways of transport that can spare them a few hundred dollars a week. Cycling is a popular solution to this problem, but this activity may turn out to be more dangerous than driving a motor vehicle. In fact, statistics show that more than a thousand cyclists get injured in collisions with motor vehicles in California every year.

If you are riding your bicycle to work or school in order to save money, but you do not want to be involved in a bike accident, here are eight safety reminders that you should consider:


  1. Ride on the road with other vehicles, following the flow of traffic.
  2. Wear the proper cycling gear to protect you from injuries.
  3. Pass carefully on areas that are prone to skidding accidents.
  4. Reduce speed when making a turn or approaching a curve.
  5. Follow all traffic rules and regulations.
  6. Keep your bicycle well-maintained.
  7. Know your limitations as a cyclist.
  8. Use reflectors and lights when riding at night.

These are just some safety guidelines for cyclists to avoid accidents and collisions with vehicles. However, if you still got into a bicycle crash because of a reckless driver, you should be aware of your legal options. In this situation, hiring a Los Angeles bike accident attorney would be the best way to obtain compensation from the responsible driver.

With the help of your Los Angeles accident attorney, you may be able to recover the following compensatory benefits from the negligent motorist:


  • Medical expenses for your hospitalization fees, medication costs, etc.
  • Property damages for the repair or replacement of your bicycle.
  • Compensation for physical pain and emotional distress.
  • Lost wages
  • Punitive damages

To make sure you obtain these benefits from the responsible driver, you should seek legal assistance from an experienced Los Angeles bike accident attorney. Here in Mesriani Law Group, our expert accident lawyers specialize in handling such claims. Call us at (310) 826-6300 or email us at info@mesriani.com, tell us something about your claim and we will take it from there.

With over 15 years of legal experience in resolving bike accident claims, our seasoned attorneys will certainly deliver favorable results for your case. Bike accidents are indeed painful and costly for victims, but with the legal assistance of a reliable Los Angeles accident attorney, they would eventually receive benefits and recover from their losses. 

 

 

Acquiring Legal Help when Pursuing a Car Accident Case

February 8, 2011

A car accident may cause injuries or deaths, especially if the vehicles involved were moving at a high rate of speed when it occurred. If you were injured after colliding with a speeding or drunken driver, you can pursue a case against him in the hope of recovering monetary damages for your losses and injuries.

However, proving the other driver’s negligence is not easy and the issues involved in the litigation process may be hard to understand. You will have a better chance of proving your allegations if you will acquire legal help from a Los Angeles car accident lawyer.

You should be careful when choosing a lawyer who will handle your case because your chances of winning would depend heavily on him. Many lawyers will likely offer you their services and it is you job to choose who among them will be required to handle your case.

It is advisable that you look at the qualities of a lawyer, his specialties, and accomplishments before hiring him. In addition, you should also make sure that the two of you will be on good terms, considering that you will spend a lot of time with him during the litigation process.

Here are two ways on how you can find a skilled lawyer:

·         Ask for a referral from your friends or relatives- If a friend or relative who pursued a car accident case before, you can ask him to give you the name and contact information of his lawyer. Asking for a referral in an easy but effective way of finding a skilled lawyer because it will enable you to know his work attitude and qualities even before meeting him.

However, you should not rely solely on the information given by your friend or relative. When you meet the lawyer, it is advisable that you talk to him and see if he is capable of fighting for your rights.

·         Go online- Browsing the internet will enable you to find a lawyer within a few seconds. After getting the lawyer’s name and contact information, you can then call him in order to ask for an appointment. Upon meeting the lawyer, you can ask him questions which will show how much he knows about car accident cases and how he handles his clients.

If you want to acquire legal help when pursuing a car accident case, you can visit a Los Angeles personal injury attorney from the Mesriani Law Group at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

 

8 Motorcycle Safety Tips for Riders to Avoid Accidents

February 7, 2011

Many people today associate motorcycles with action flicks where actors riding motorbikes swerve across the highway in competitive fashion. Sad to disappoint you, motorcycle enthusiasts, but that does not happen in real life – at least, not with the motorcyclist’s limbs and bones still intact.

If you want your name to flash in the news then feel free to perform those daredevils’ stunts. But for those of you who cherish their lives more, here are eight motorcycle safety tips you should follow:


  1. Do not overload your motorbike. The maximum weight of your load should not exceed an eighth of your motorcycle’s weight.
  2. Wear the right clothing. Helmets, leather jackets, gloves, jeans, and boots are the standard protective clothing for motorcyclists.
  3. Never overtake if you can’t see the road ahead. You might hit an oncoming vehicle or encounter a sharp curve.
  4. Practice braking without your body moving forward too much. Doing this makes your body familiar on how to react during similar situations on the road.
  5. Keep your motorcycle well-maintained. Always clean it after use, and take it to a motorcycle expert twice a year for checkups.
  6. Do not ride a motorcycle if you are sleepy or intoxicated. Sleepy riding and riding under influence would only lead to accidents.
  7. Do not try anything outrageous, especially if you are on a highway. Never think of the road as a stage where you can perform and showoff. You only have one goal: to ride safely until you reach your destination.
  8. Do not let your peers affect the way you ride. When riding with your friends, do not succumb to their requests, because, more often than not, they are dangerous.

Following these steps will certainly reduce your risks of getting involved in road accidents. But just in case an irresponsible driver suddenly shows up and hits your bike, you should seek legal assistance right away. To handle these kinds of situations, you should hire a San Diego motorcycle accident attorney to help you file a claim against the liable driver.

In Mesriani Law Group, our San Diego accident attorney has an impressive track record in working on motorcycle accident cases. If you want to avail our full legal services, call us at (310) 826-6300 or send us an email at info@mesriani.com so we can immediately come up with solutions for your problem.

Motorcycle riding is indeed an exciting experience especially for thrill-seekers. But let me tell you, you would not want to experience serious injuries or a long-term disability for the sake of having fun.

 
 

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