Personal injury cases involving trash trucks and waste management companies can present unique challenges due to the nature of the vehicles and the industry. Here are some special concerns and strategies to consider:
Special Concerns:
ATVs (All-Terrain Vehicles) and Rhinos (side-by-side off-road vehicles) can be a source of recreational fun, but they also pose risks, and accidents can result in various injuries. Some common injuries and accidents associated with ATVs and Rhino rollovers include:
While center airbags are not yet widely implemented in vehicles, the automotive industry has been exploring and developing various safety features to enhance occupant protection.
Center airbags, also known as center-mounted airbags or front center airbags, deploy from the center console or other locations between the driver and front passenger seats. They are designed to provide additional protection in side-impact collisions and help prevent injuries that can occur when occupants collide with each other or with interior structures during a crash. Potential benefits of center airbags include:
It's crucial to note that the effectiveness of any safety feature, including center airbags, depends on various factors, such as the specific design, the force of the collision, and the overall safety system of the vehicle. As for the adoption by auto manufacturers, it's possible that the implementation of center airbags may become more widespread in the future as automotive safety technology continues to advance. However, the decision to include such features often depends on factors such as cost, regulatory requirements, and the perceived safety benefits. For the most current and accurate information, it's recommended to consult the latest vehicle safety reports, manufacturer announcements, or regulatory agencies that oversee automotive safety standards. Car accidents can result in a wide range of injuries, and the severity can vary depending on factors such as the speed of the collision, the type of vehicles involved, and whether seat belts or airbags were used. While not all injuries require surgery, some of the most common car accident injuries that may necessitate surgical intervention include:
Whether or not you should file a lawsuit in your personal injury cases depends on many factors. However, if your case is solid, and if there is a strong likelihood a jury would return a verdict well in excess of your costs/fees, it might make sense to file. In California, a personal injury lawsuit typically goes through several phases, including:
Certain companies are more reasonable than others. Several years ago, Infinity Insurance (now with Kemper Insurance) was the most difficult insurance company to deal with. They didn’t want to pay any money to anybody (even if your head popped off your body and rolled down the street). Then it was Mercury Insurance. Mercury Insurance didn’t want to offer any more than $500 to anyone. It was a joke among lawyers.
It seems that insurance companies take turns being unreasonable. In fact, when I was a volunteer mediator with the Los Angeles county court system, I often declined serving as a mediator when the insurance company involved was Mercury. I believed that they wouldn’t come to the table in good faith. Then, State Farm was the difficult one. In fact, I was a lawyer for State Farm when that was the case. It was frustrating how the company made lowball offers in cases where the other party was clearly significantly injured. It wasn’t about valuing the case properly. It seemed to me the insurance adjuster was only concerned about saving money for the company (as if they were paying out of their own pocket). Invariably, these tactics come back to haunt the insurance company. These tactics forced cases to trial. For a long while, juries sided with the defense most of the time. Unless a client had significant injuries, juries didn't want to give substantial awards. The insurance companies knew this and figured they would win most of the time. Recently, some juries have been awarding significant awards to injured people, causing the insurance company to reevaluate their obstinate position. But like a pendulum, every company goes through these changes. Also, keep in mind that while the culture of an insurance company may be a certain way, there are still insurance adjusters out there who think independently and are fair. Typically they are quite experienced and not looking to simply save a dime for their employer. They have seen too much and are often much more reasonable in their evaluations. So don’t forget to factor in the human component that affects the evaluation of injury claims. After a car crash, you might be wondering about how to fix your car. If you have collision coverage under your own automobile insurance policy, you can have your company fix your car. However, you will usually incur a deductible if you do so. That means you have to pay the first $500 or $1000 in costs to fix the car (these are common deductible amounts).
Eventually, your insurance company will typically go after the responsible party's company for reimbursement of what they paid to fix your car. They will also typically pursue reimbursement of your deductible. Therefore, while you may have to fork out the deductible at the beginning, you should eventually get a refund from your insurance company a few weeks later. Sometimes it takes longer so be mindful and check in with your insurance company periodically about the refund. If liability is clear, the responsible party's insurance company may also fix your car expediently. Give them a call and make a property damage claim. Don't get into a discussion about your injuries. Be civil and keep it about the property damage. If liability is clear, there shouldn’t be much investigation to do, and you can take your car to one of their approved body shops (although you have the right to take it to any shop you want). It has been my experience that using the approved shops of the insurance company is usually fine, so long as they are reputable. If you use a shop that has not been vetted by the insurance company, it just may take longer to get your car fixed. It’s really up to you but you should weigh the pros and cons of each approach. If you utilize the other insurance company, you won’t have to incur a deductible. What I usually advise clients to do is to use the responsible party's company when liability is clear. If it’s going to take too long, and you need to get their car fixed as soon as possible, you may want to utilize your own insurance company because that may be quicker and more efficient in the long run. Of course, each situation is unique and these general rules don’t always apply. Feel free to reach out to our office for advice if you need to. Airbags are designed to save lives by providing a cushioning effect during a collision, which helps to reduce the impact forces on occupants in a vehicle. They work in conjunction with seat belts to enhance overall safety. Here's how airbags function and some considerations regarding their deployment:
How Airbags Work:
When Airbags Deploy: As a general rule, airbags are designed to deploy in moderate to severe frontal vehicle collisions. They are not meant to deploy in minor accidents, side impacts, or rear-end collisions. The decision to deploy depends on the vehicle's speed change, the direction of impact, and other factors that the sensors evaluate. Reasons for Airbag Failure to Deploy:
Risks of Airbag Non-deployment: While airbags can significantly reduce injury risk, their non-deployment in a severe collision can lead to increased injury risks for occupants. The lack of an airbag cushion may allow occupants to impact hard surfaces like the steering wheel or dashboard, leading to more severe injuries. Risks of Improper Deployment: While airbags are designed to save lives, improper deployment or deploying in situations where it's not needed (e.g., low-speed collisions) can also pose risks, causing injuries such as abrasions, fractures, or burns. Maintenance and Recalls: Regular maintenance and adherence to recall notices are crucial to ensuring the proper functioning of the airbag system. Manufacturers issue recalls if they discover issues that could affect the safety of the airbags, and it's essential for vehicle owners to address these recalls promptly. In summary, airbags save lives by providing a protective cushion during collisions, but their effectiveness depends on proper deployment and the overall condition of the vehicle's safety systems. Regular maintenance, prompt recall responses, and adherence to safety guidelines contribute to maximizing their effectiveness. If you believe your airbags did not deploy properly and that failure actually caused or contributed to the severity of the injury, you should discuss your case with a lawyer who is experienced with airbag cases. Becoming paralyzed from a car accident can result from various mechanisms of injury, and the specific circumstances can vary. Paralysis typically occurs when there is damage to the spinal cord, which is a crucial part of the central nervous system responsible for transmitting signals between the brain and the rest of the body. The severity and location of the spinal cord injury determine the extent of paralysis and which parts of the body are affected.
Common ways a person can become paralyzed in a car accident include:
Proving that you were paralyzed from a car accident typically involves the following steps:
It's crucial to consult with a personal injury attorney experienced in handling paralysis cases resulting from car accidents. They can guide you through the legal process, help gather the necessary evidence, and advocate for your rights to compensation. |
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January 2024
by Robert MansourRobert Mansour is a personal injury lawyer serving Santa Clarita, Valencia, |