Posts Tagged ‘san francisco’

MUNI, BART, AC Transit, SamTrans, Marin Transit, Golden Gate Transit, VTA Injury Accidents

Thursday, November 18th, 2010

What happens after a Public Transportation Accident

Public transportation entities like BART, MUNI, and Caltrans have internal teams of investigators that are used to investigate accidents involving buses, trains, and cable cars. These multi-million dollar government entities have extensive resources at their disposal. Consequently, their investigative teams are capable of employing complex, sophisticated forensic and scientific investigative techniques when determining the cause of a public transportation accident. However, they also have a vested interest in absolving MUNI, BART, or Caltrans workers and engineers from any responsibility for an accident. For these reasons, it’s important to retain an attorney who can monitor the developments and process of a public transportation accident to ensure it isn’t conducted in a way that is prejudiced in favor of BART, MUNI, or Caltrans.

Filing a Claim in Public Transportation Accidents

Unlike motor vehicle accidents or other personal injury cases, in public transportation lawsuits you have to file an injury claim and have it rejected before you can bring a lawsuit against BART, MUNI, or Caltrans. Once you receive notification that your injury claim has been rejected, you have only 180 days to file a lawsuit. When preparing legal action against a public transportation entity, it’s important to consider whether any of the following factors were involved in you injury accident:

  • Was the train operator or bus driver properly trained
  • Was alcohol, drugs, or texting a factor
  • Were there enough seats available
  • Did the bus or train start or stop suddenly
  • Did the train stop at a point where you could disembark safely
  • Did the bus driver speed or drive in a way that was unsafe
  • Did the bus or train start while you were trying to board
  • Was there debris or trash on a bus or train that caused you to fall
  • Were you assaulted by the bus driver or train engineer

Transparency and Scrutiny in Public Transportation Accidents

Since BART, MUNI, and Caltrans investigate themselves, it’s essential that your attorney closely follow the investigation in your case. It’s also important for your lawyer to consult independent, private investigators and interview eyewitnesses in order to gather information and evidence in support of your case. While ostensibly committed to determining what happened, investigators for public transportation entities may give more weight to the testimony of an experienced Caltrans, MUNI, or BART employee than a passenger witness. Additionally, when general negligence is involved, investigators may conclude the actions of BART, MUNI, or Caltrans workers were not directly involved. As such, it’s important to work with an attorney who can serve as your advocate during the investigative process.

Contact San Francisco Public Transportation Accident Attorneys

Whether you’re filing an injury claim or interested in suing a Bay Area public transportation entity, our personal injury attorneys can help. To protect your rights and review your options, contact San Francisco public transportation accident attorneys at Weber & Nierenberg today.

We understand the tactics of insurance companies and how to investigate MUNI, BART, AC Transit, SamTrans, Marin Transit, Golden Gate Transit or VTA accidents – let one of our attorneys help you – call 415-788-3900.

After Your Case is Settled – Structured Settlement or Special Needs Trust

Tuesday, October 5th, 2010

What can I do to Provide Future Care for My Loved One?

When a serious accident leaves a spouse or child debilitated with a need for lifelong medical care, a number of legal and financial issues must be addressed in order to provide future care for them. While a large settlement or personal injury award is important for providing financial support for in-home nursing care, medical equipment, hospitalizations, future surgery, and physical therapy, planning for how your family member’s care will be paid for after you’re gone is essential. In general, there are two options – a structured settlement or establishing a special needs trust (also referred to as “supplemental needs trust”). In both cases, there are certain tax advantages that should be considered, as well as how each could affect Medicaid eligibility calculations.

Structured Settlements

If the settlement or award won in a personal injury case involves a large sum of money, you can choose to have the money paid in installments over a specified period of time. Payment schedules can be on a monthly, quarterly, semi-annually, or annual basis. Structured settlements can last for the lifetime of a recipient with a beneficiary named for any remaining amount should the recipient pass away before all of the funds are distributed. Alternatively, a lump sum option can be included or a date named after which the amount disbursed can be increased. Regardless of which option you choose, structured settlements are not taxable.

Here, structured settlements can be customized to meet the unique needs of an injured person and his or her family. For instance, if a debilitating head injury or spinal cord injury has left you or your spouse unable to work, a structured settlement can provide you with monthly funds to pay your mortgage, rent, utilities, medical bills, and needs for your children. The amount paid can be increased once your children are of college age and need to attend school.

Special Needs Trust and Medicaid Eligibility

A special needs trust allows you to set up a trust using money from a personal injury settlement or award in order to provide for the upkeep and care of the person injured. Not only are the funds in a special needs trust exempt from federal income tax, they are also exempt from Medicaid eligibility calculations. This is especially important since, in order to qualify for Medicaid, you must first spend down your asset or be impoverished. Consequently, a catastrophically injured person with a special needs trust doesn’t have be impoverished to received long-term care benefits from Medicaid that can help defray the costs of institutional or in-home care.

San Francisco Bay Area Car Accident Injury Attorneys Weber & Nierenberg

If you or a family member has been seriously injured due to a car accident, truck accident, motorcycle accident, construction accident, or slip and fall, email San Francisco, California personal injury attorneys Weber & Nierenberg today. We’re experienced personal injury attorneys who can discuss whether a structured settlement or special needs trust makes sense for you and your family.

For more information regarding our practice or to speak with one of our attorneys for a free consultation, call Weber & Nierenberg at 415-788-3900.

San Francisco Bicyclists struck by hit and run driver on June 2

Friday, June 4th, 2010

Four bicyclists were struck in succession @ four different locations by an unidentified man who after his car crashed into a pole ran off. It appears that the accidents might have been deliberate. Three of the cyclists were taken to San Francisco General Hospital with pretty significant injuries.
Bicyclists that are injured by hit and run motorists can make a claim for injuries under the “hit and run” provisions of their automobile uninsured motorist coverage. If the cyclist doesn’t have this coverage, but reside with a relative that does have it, they can make the claim under the relative’s policy.
If you are a cyclist struck and injured by a hit and run driver you should contact an attorney familiar with handling uninsured motorist and bicycle accident claims as soon as possible.

Contact us for a free evaluation of your personal injury or wrongful death claim. You have no obligation to hire us when you receive this evaluation. If you hire us, we only get paid after we recover compensation for you.