shepard-haven.com

With SUV rollover accidents, the vehicle is usually turning too sharp around a curve at a fast rate of speed. This causes the vehicle to turn over on its side or on the roof of the SUV.

For many motorcycle owners, it is the thrill of riding in the face of danger that makes the drive so appealing, but with the adventure there comes risk. Motorcycle accidents can cause serious injury or death, so you should know the most common causes before getting on your bike.

If you have been injured in a car accident, then you should the advice of an attorney that can present all available options relating to your car accident lawsuit.

If you are hit by a large truck, the chances are that the cost on a personal level to you and your family is going to be very large. Therefore, the first thing you need to do is to find a good attorney to represent your interests.

Personal injury happens when you are hurt physically, intellectually, or emotionally. You need to find a good lawyer and come up with a payment plan. You should understand negligence and have a basic understanding of torts.

This article answers frequently asked questions regarding premises liability lawsuits to help you determine if you need to seek the advice of an experienced attorney to review the circumstances of your accident and possible cause for a premises liability lawsuit.

Before, during, and after a personal injury lawsuit, many questions are raised needing detailed answers. Some of these are created simply because so few people ever actually go through a personal injury lawsuit and the legal process can be very overwhelming. Here are a few of the most frequently asked questions (FAQ) and some simple answers.

Do I have to go to court?

No, not necessarily. Many times in a personal injury lawsuit the case is settled out of court between the attorneys. Sometimes these settlements take place before the case is even filed in court eliminating the time it will take to have a trial, reducing attorney's fees, and enabling both parties to get on with their lives without fear of future reprisal.

What are punitive damages and how are they different from compensatory damages?

Punitive damages exist to punish a party for damages usually in cases of willful misconduct or malicious misconduct. A good example of this would be a driver of a car that has no regard for others and causes an accident. Punitive damages are awarded alongside compensatory damages almost as a form of punishment. The terms compensatory damages and actual damages are interchangeable. These are based on what reasonable compensation should be awarded for the exact damage that occurred; such as dental repair for a broken tooth, or the cost to have a car repaired.

What should I take to my attorney's when I first meet with them?

There are many things you should take with you for your first appointment. Some of these will be bills for repairs or medical treatment following a car accident, police reports, any insurance information from the person responsible that you may have, witness statements, and photographs. These are among the first of the items you should take with you. Your attorney may ask for additional information or items to assist with your case. If you do not have them, they can usually find them through their own investigation techniques. While there are many other questions that will arise during the course of your personal injury lawsuit, remember that your lawyer not only is preparing your case, but is also there to answer any questions you may have.

The following article contains information regarding answers to some of the most frequently asked questions about automobile accident lawsuits. The article provides answers to numerous popular questions that individuals have when they become involved in an automobile accident lawsuit.

Q: Should I consult my attorney before I begin cooperating and answering questions for the other parties' insurance company?

A: In the event that an accident occurs, it is suggested that before you begin answering questions regarding the incident that you should consult with your own insurance company. If the other party's or parties' insurance company wants you to answer questions, ask if the statements can be used in the courtroom, whether your insurance company can record a statement from their insured driver, why the insurance agency needs the statement, why they can't use the statements from the police report, among other questions.

Q: Do I need an attorney after a car accident?

A: You will need to consult with a car accident attorney about your automobile accident if the situation can not reach a settlement outside of the courtroom. The situation may be handled in a court room to determine the settlement and who was at fault and to determine what compensation will be paid for injuries and damages resulting from the automobile accident.

Q: What kind of an attorney should I hire for my automobile accident lawsuit?

A: You will want to hire an attorney that specializes in automobile accidents and insurance lawsuits.

Q: When should I hire an attorney?

A: It will become necessary for you to at least consult with an attorney when it is unclear who was at fault, you are unsure how to evaluate your claim, you are prompted to provide medical records from before the accident, you are not satisfied with a suggested settlement, when you are offered a structured settlement instead of a lump sum, or when you need to claim lost wages that may be difficult to prove on your own.

Q: What if my attorney wants to settle and I want to proceed to court, or vise versa?

A: If a situation should arise where your attorney would like to proceed in one direction and you would prefer to proceed in the opposite direction, you should have a sit down talk with your attorney. Voice your opinion about the situation and why you would like to proceed that way, and then take the time to listen to your attorney and their reasons for wanting to proceed in the opposite manor. Your attorney may have your best interest at heart, so it is important to gain the details before you decide.

We've all done it. We're driving down the road and the cell phone rings, or a song we don't like comes on the radio, or we drop a ketchup-covered French fry into our laps. We take our eyes off the road for a split second--and in that split second, we're involved in an auto accident. Even when an auto accident is caused by some other factor such as alcohol or drug impairment, following too closely, or excessive speed, driver distraction probably contributed. Distractions come from many sources both inside and outside a vehicle, and it's almost impossible to not become distracted while driving.

The Dangers of Distracted Drivers

More than 70 percent of driver distractions come from inside the car. Children and pets move around. Passengers talk. The driver is eating or talking on the phone, or even putting on makeup. Thoughts wander, or sleepiness can overtake the driver. The other 30 percent of distractions come from outside the vehicle: an animal runs into the road, the driver "rubber necks" another accident, or something as simple as a "For Sale" sign catches the driver's attention. Distracted drivers are 50 percent more likely to be seriously injured or killed when involved in an auto crash. Almost three-quarters of auto accidents that are at least partially attributed to driver inattention were single-vehicle crashes or rear end collisions. Rear-ending auto accidents happen when the driver's attention wanders away for only a moment. Young drivers and drivers older than 70 years old tend to become distracted much more easily, and contribute to a majority of auto accidents due to distracted driving. Up to 15 percent of young drivers involved in an auto accident admitted to being distracted at the time of the accident. Maintaining alertness and avoiding distractions while driving can greatly decrease your chances of becoming involved in an accident. Distractions eliminate your ability to react quickly to adverse road conditions and effectively practice defensive driving techniques. If you have been involved in an auto accident, contact the car accident lawyers of the Law Offices of Shepard & Haven, LLP. Our auto accident lawyers can help you recover compensation following an accident.

When a product is made publicly available, those involved in the design, manufacturing, marketing, and sale of the product owe an obligation to consumers.  That product must be reasonably safe when used for its intended purpose, and any potential dangers involved with use of the product must be made absolutely clear to consumers.  When someone is injured due to a defect that makes a product unforeseeably dangerous, any and all parties that contributed to the defect may be held liable under product liability law.  A personal injury lawyer skilled in defective product litigation may be able to obtain compensation for medical bills, lost wages, pain and suffering, and other expenses and losses stemming from the injury.

Defective Products Litigation

There are three basic types of defects that around which a product liability case can be developed.  Design defects result from a flaw in the conception of a product, often because a manufacturer commissioned an unsafe product despite there being safer alternatives that were also cost-effective.  Manufacturing defects occur during the fabrication of a product and are usually inherent in all products created during a given manufacturing run.  Such defects usually result from the manufacturer's failure to adhere to the specifications set forth by the designer.  The third type of defect, marketing defects, is generally the result of insufficient or misleading labeling, poorly written or incomplete instructions, or the failure to warn consumers of possible risks associated with proper use of the product.

Strict Liability

In most product liability cases, the doctrine of strict liability comes into play; that is, the presence of a product defect is sufficient proof of negligence, and no specific act of negligence needs to be shown in order to present an effective case.  What is essential to a successful product liability lawsuit is that the attorney is able to connect a defect with the injury that resulted.  If a person is injured due to misuse of a product or inattention to clear warning labels, he or she may no longer be eligible to recover compensation for his or her injuries.

One in eight traffic accident deaths in the United States involves a trucking collision.  In fact, more than 500,000 serious accidents involving trucks happen each year in this country.  As commercial vehicle operators, truck drivers and the companies they work are held to strict safety rules and vehicle standards.  However, even the most vigilant truck driver can make an error, and sometimes unforeseen mechanical errors can have dire consequences.

Causes of Trucking Accidents

It is important for all motorists to familiarize themselves with the most common causes of trucking accidents.  When you are sharing the road with a truck, be sure to keep a safe distance between your vehicle and the truck at all times; remember, you can see the truck much more easily than the driver of the truck can see you.  The following are some of the most common causes of truck accidents on our roads:

• Driver fatigue
• Unlicensed driver: especially common with rented trucks
• DUI
• Break failure
• Defective truck parts
• Failed vehicle inspection
• Unsecure loads
• Load shifting
• Tire blowout
• Faulty maintenance

Most drivers of large and commercial trucks have been well-trained in the safest way to operate and load their vehicles.  Unfortunately, not every truck driver holds safety as a top priority and not every truck is inspected as regularly as it should be. If you have been involved in an accident with a truck and you feel that you were not at fault, it is important that you seek the counsel of an experienced personal injury attorney who specializes in defending victims of trucking accidents.  Trucking companies pay hefty insurance policies and work with aggressive attorneys, so victims need highly qualified defense to ensure that they recover just compensation for their damages. Likewise, if you are a truck driver who was injured in an accident and you feel your employer's negligence or other factors contributed to the accident, you should work with a trucking accident lawyer to protect your interests.

Obviously, no one ever expects to be involved in an auto accident, let alone one that results in serious injury or death. Yet, with the increasing congestion of America's roadways and the number of distractions that promote reckless and careless driving, severe injuries are an ever-present risk that even the most prudent and vigilant motorists face every time they get behind the wheel. Tragically, many victims of auto accidents in Sacramento are innocent of any wrong-doing; they simply happened to be in the wrong place at the wrong time. There are many different ways that driver negligence can result in a life-altering accident, all of which may form the foundation of a personal injury lawsuit.

Auto Accidents and Negligence

Although some accidents are just that - accidents - many could be avoided if not for drivers who operate their vehicles in impaired states. The most evident causes of this impairment are alcohol and drugs, both legal and illegal. However, an alarming number of drivers are impaired by simple fatigue; they drive while exhausted, possibly even falling asleep behind the wheel. Other drivers are perfectly alert but paying attention to things beside the road - cell phone conversations, changing compact discs, even eating or drinking. In any event, if a driver fails to pay due attention to other motorists sharing the road and an accident ensues, he or she may be liable for whatever injuries result.

Reckless Driving

Deliberate acts of recklessness, such as speeding and changing lanes without first looking, can also result in catastrophic accidents. Motorcyclists, bicyclists, pedestrians, and other people on or near the roadways face as great of risk of being involved in an accident as the operators of cars and trucks, and are even more vulnerable to injury. The risk of serious injury to anyone on or near the roadways becomes significantly greater when an accident involves a large truck, such as a semi-tractor-trailer, or some other large commercial vehicle. Fortunately, a qualified personal injury lawyer or auto accident lawyer can identify acts of negligence and take appropriate action against the responsible party on behalf of injured victims.