Blind Spots and Truck Accidents

Truck Accidents and Blind Spots — Bay Area Personal Injury Attorneys

There are four major blind spots on trucks and 18-wheelers that are commonly involved in truck accidents:

  • The rear of a truck, outside the purview of the truck’s side mirrors
  • Near the front of the truck’s left side, just behind the cabin
  • Near the front of the truck’s right side, outside the purview of the truck’s right-side mirror
  • The very front end of a truck and just off to the right

When car drivers are hit by trucks changing lanes it’s not uncommon for insurance companies and their lawyers to argue that the car driver bears some of the fault for driving in a truck’s blind spot. In rear-end collisions, similar arguments are made, including the claim that if a car driver hadn’t been following too closely in the first place, the accident would not have likely happened.

Insurance Claims, Truck Accidents and Blind Spots

California follows the principle of pure comparative negligence in car accident cases. This means that a car driver can recover damages even if he or she is 99 percent at fault in an accident. However, under the principle of pure comparative negligence, recovery of losses is reduced by the percentage of fault assigned to a driver. For example, if you suffer $100,000 in damages in a truck accident but are found to be 70 percent at fault, you’d be eligible to recover only $30,000.

Now you can see why the issue of whether or not you were driving in a truck’s blind spot might be important for an insurance agent to determine. In fact, it’s not uncommon for insurers to call you shortly after a car or truck accident and ask you questions about what you remember. Here, while the insurance agent may pretend to be concerned about how you’re doing, the real purpose of the call is to gather any information to shift more blame onto you and reduce the amount the insurance company has to pay you in an injury claim.

Driving in a Truck’s Blind Spot Does Not Automatically Make You at Fault

Just because you were hit or sideswiped while driving in a truck’s blind spot does not necessarily make you at fault in an accident with a truck. Truck drivers have a responsibility to change lanes safely, to drive the speed limit and to take precautions in case someone is driving in a blind spot. In cases involving rear-end collisions, trucks can’t make sudden stops or swerve in front of a driver to slow down or merge into traffic. Trucks should also have a “Mansfield Bar” installed on the back of their vehicle to prevent under-riding in rear-end collisions.

Investigate the Cause of a Truck Accident — Contact Weber & Nierenberg

At the San Francisco personal injury law office of Weber & Nierenberg, our car accident attorneys understand how to investigate and reconstruct car accidents with trucks. Working with experienced accident investigators and eyewitness testimony, we can often determine how a truck accident happened and expose negligence on the part of a truck driver.

To schedule an appointment to discuss your case, contact San Francisco truck accident attorneys at Weber & Nierenberg today.

Respect for Bicyclists on the Road

Understanding Your Rights as a Bicyclist — Bay Area Bicycle Injury Attorney

On the Fourth of July in 2008, in what has become know as the “bicycle road rage heard around the world,” Christopher Thompson was driving his car along a steep road in Los Angeles’ Mandeville Canyon. Eventually he came upon two cyclists, Christian Stoehr and Ron Peterson, riding side by side along the road. Angered that Stoehr and Peterson were taking up more than what he thought was their fair share of the road, Thompson rolled down his window and words were exchanged.

Thompson then accelerated around the cyclists, pulled in front of them and slammed on his breaks. Stoehr and Peterson were unable to stop and crashed into Thompson’s car, resulting in serious injury to both Stoehr and Peterson. Thompson was found guilty of six different felonies and sent to prison for five years.

Bicyclists and Their Right to the Road

While bicyclists are required to adhere to the same rules of the road as motorists, car drivers don’t always appreciate the presence of cyclists along the road. In fact, motorists are required by law to afford a safe distance between themselves and bicyclists when passing them. Cyclists can also enter into traffic to make a left-hand turn so long as they do so in a manner that is safe and consistent with existing traffic laws. All too often, however, car drivers grow impatient with cyclists and may try to intimidate them by passing too close or speeding around them.

Bicycle Accidents and Liability

When bicycle accidents happen, a key factor in determining fault will be the bicyclist’s actions. While a car driver may share the majority of fault, if a cyclist entered into traffic without signaling, ran through an intersection, was carrying items that prevented him or her from keeping both hands on the handlebars, failed to wear proper reflective clothing or violated other requirements, the cyclist may share a large portion of the fault as well.

Injured in a Bike Accident? Contact Bay Area Bike Accident Attorneys

If you’ve been injured in a bicycle accident due to the unsafe or aggressive actions of a car driver, it’s important to work with an experienced personal injury attorney who understands how to investigate bike accidents and hold negligent motorists liable. To discuss your case and learn how we can help you, contact San Francisco bicycle accident lawyers at Weber & Nierenberg today.

A Lack of Security Creates Liability in Criminal Attacks

It’s an unquestioned assumption in our world today that crime can happen anywhere to anyone. As a result, there’s a perception that victims of criminal attacks and sexual assault were simply at the wrong place at the wrong time. Consequently, when people fall victim to a criminal attack in a parking lot or parking garage, on a BART or Caltrans platform, or inside an office building, they don’t always stop to ask themselves whether there was a lack of adequate security at the time. While no business, government agency or building manager can be expected to completely eradicate all criminal activity on their premises, they do have a duty of care to take steps to minimize security threats.

Inadequate Security and Premises Liability

Law enforcement professionals and plain common horse sense tells us that certain conditions are attractive to criminals. Darkened parking garages, remote stairwells and an absence of security cameras or security guards are likely to attract criminals intent on mugging or assaulting someone. Areas adjacent to high-crime neighborhoods, highways or vacant property can also attract certain kinds of criminal activity. When building managers, retailers or parking garage owners don’t install security measures to protect their patrons, they’re ignoring dangers and foreseeable risks.

Liability and the Issue of Foreseeability

While it may not be possible to completely prevent crime, if there are certain dangers or risks present that a retailer or property manager should have foreseen as contributing to crime, failure to take steps to remove or minimize those risks may constitute negligence.

For example, customers leave shopping malls and retail stores with items they’ve just purchased, some of them quite expensive. Store owners and property managers should recognize the increased risks patrons face when headed to their cars with shopping bags or electronics equipment. While it’s likely that malls and retailers have cameras and security guards inside stores to protect themselves against theft, they should foresee the existence of a similar threat in their parking lot or garage. Failure to provide cameras, proper lighting or security in the parking lot may be a violation of a duty of care businesses have toward patrons.

Have You Been Injured in a Criminal Assault? Contact Weber & Nierenberg

Even if you’ve been assaulted in your apartment building or place of work, there may be grounds for holding your building manager or employer liable for what happened. At the San Francisco personal injury law office of Weber & Nierenberg, our premises liability attorneys can evaluate your case and determine if you have grounds for legal action. It’s also important to remember that while your physical injuries may heal, there may be emotional and psychological scars that affect your quality of life and ability to function in the world. Working with psychologists and other experts, our personal injury attorneys demand compensation for your medical bills, lost wages, and pain and suffering.

To schedule an appointment and discuss your case, contact San Francisco premises liability lawyers at Weber & Nierenberg today.

Dangerous Roads in California – Who’s Liable?

When an intersection, bend in the highway or stretch of road is repeatedly the scene of car, truck or motorcycle accidents, poor road design or faulty construction may be involved. Initially, design defects or construction flaws may not be suspected in a car accident, especially when more than one vehicle is involved in a crash. However, when reconstructing a car wreck, investigators may determine that various road design and construction defects contributed to an accident. Here, a municipality, construction company, county or Caltrans itself may be liable.

Poorly Designed Roads

When roads or highways are constructed, they must be properly graded to allow for water drainage and an even surface between roadway and shoulder. Differences in the level of pavement can cause a driver to suddenly lurch to the right or left. This propensity is especially dangerous when a driver inadvertently or intentionally pulls over onto the shoulder of the road. Alternatively, grading that results in water collecting on the road when it rains can lead to hydroplaning.

Sudden sharp curves or bends in a road should be properly marked with signs and reduced speed limits. Entry and exit ramps should be clearly marked and should not include sudden dips or unreasonably sharp turns. Intersections that sit at the bend of a curve or over the top of a hill should be properly marked and may need traffic lights to decrease the likelihood of collisions.

Additionally, lack of guardrails along bridges, slight bends in the road or embankments can lead to serious injury or death when accidents cause cars or trucks to leave the road.

Road Maintenance, Road Construction and Car Accidents

Municipalities that fail to trim back brush or tree branches along roadways may be liable when overgrowth obscures signs that warn drivers of steep grades, curves or dips in the road. Additionally, Caltrans or local counties can be held liable when potholes or broken pavement cause serious accidents. Here, it’s important to work with a personal injury attorney who can immediately take pictures of potholes or obscured signage before maintenance and repair crews fix the problem that played a role in an accident.

In accidents involving road construction, it’s important to determine whether or not construction crews were in compliance with applicable regulations governing road construction in the state of California. If traffic was diverted into an oncoming lane in order to make road repairs, was there sufficient signage warning drivers? If a construction crew was resurfacing an area road, were there grooves, uneven pavement or loose gravel that played a role in causing an accident? Did construction zone workers contribute to an accident by failing to properly use cones and signs to regulate traffic flow through a construction zone?

Contact San Francisco Dangerous Roads Attorneys at Weber & Nierenberg

If your accident was caused or complicated by dangerous road conditions, don’t expect Caltrans or the municipality involved to step forward and take responsibility. Since preserving evidence and gathering eyewitness testimony is crucial in these kinds of cases, it’s important to consult an experienced car accident attorney as soon as possible after your accident. To schedule a free consultation and discuss your case, contact San Francisco defective road design attorneys at Weber & Nierenberg today.

Protecting Your Job After an Injury – California Personal Injury

After an Accident — Talking to Your Employer

While most serious accident injuries require hospitalization and a period of recovery, most people don’t immediately think of protecting their job after they’ve had a car, truck, motorcycle or bicycle accident. This is unfortunate since a number of problems could be avoided if injured workers simply asserted the legal rights granted to them under the law. While California is an “at will” employment state — allowing employers to fire workers for little or no reason — workers cannot be fired for asserting their legal rights. Under the federal Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), eligible employees have a right to take up to 12 weeks of medical leave without worry of losing their job. If an employer fires a worker for taking leave under FMLA or CFRA, that employer can be sued for financial damages.

Taking Medical Leave After an Accident

Once you are able to speak with your employer’s human resources department, you’ll need to file certain forms and provide information from your doctor regarding when you are able to return to work. (It’s important to remember, however, that companies that employ fewer than 50 employees are exempt from the requirements of CFRA; if you work for a small business with fewer than 50 employees, you should talk to your employer and get any agreement between you in writing.) In order to take medical leave under FMLA or CFRA, it’s necessary that you be employed with your current employer for at least 12 months prior to your request.

If you’ve suffered broken bones, a concussion or whiplash, you may be able to return to work in less than 12 weeks. Here, your employer will likely require a note from your doctor indicating when you are ready to return to work. If your employer tries to pressure you into returning to work before your doctor has indicated you are ready and before your 12 weeks of FMLA/CFRA is over, you should talk to an employment law attorney.

After Your Injuries Have Healed – Returning to Work After an Accident

California and federal law require that employees be allowed to return to the same job after a leave of medical absence. If your job has been eliminated for legitimate reasons, your employer is required to provide you with a similar job or one that pays roughly the same, offers the same kinds of opportunities and involves duties similar to your old one. However, if an employer can prove that an employee would have been laid off anyway or that a comparable job isn’t available, the employee doesn’t have a right to return to work.

San Francisco Personal Injury Attorneys Weber & Nierenberg

If you’ve been seriously injured in a car, truck, bike, construction, or slip and fall accident, we can help you take steps to protect your job while ensuring any employment or medical benefits you are eligible to receive are activated for you. To discuss your case and learn how we can help you, contact San Francisco personal injury attorneys at Weber & Nierenberg today.

What Happens if I’m hit by an Uninsured / Underinsured Driver?

The Cost of Uninsured / Underinsured Drivers

In the state of California, motorists are required to carry insurance. Even so, there is still an alarming number of drivers on California roads that are either uninsured or underinsured. If you’ve been seriously injured by an uninsured or underinsured driver in a car accident it’s unlikely you’ll see anything from the person who hit you. As a result, you’ll have to turn to your own insurer and your uninsured / underinsured policy coverage to collect some or all of your losses.

Recovering Compensation when hit by an Uninsured Driver

Typically, uninsured motorist coverage is either included in your auto insurance policy or under umbrella coverage if you have it. While not all auto insurance policies include uninsured motorist coverage, if your policy covers more than the bare minimum, it’s likely you are insured against uninsured motorists. Here, it’s important to read your policy and talk to an attorney if your insurer tries to mislead you or deny your claim. If you have uninsured motorist coverage, your policy should pay for some or all of your costs after injured by an uninsured driver or in a hit-and-run accident.

Recovering Compensation when hit by an Underinsured Driver

In cases involving serious head, burn, or spinal cord injuries, the insurance policy limits of the driver that hit you may not be enough to cover the costs of your injuries. If you have uninsured / underinsured motorist coverage, you can file a claim with your own insurer to cover the rest of your losses up to your policy limits. Additionally, depending on the specifics of your case, you may be able to sue the underinsured driver that hit you if he or she has additional sources of insurance (such as an umbrella policy or homeowner’s policy).

Dealing with Your Insurer when filing an Uninsured / Underinsured Claim

If an underinsured driver hit you, his or her insurer may offer you a one-time settlement to quickly resolve your injury case. Before you accept the offer, however, it’s important to discuss the matter with your own insurer. In some cases, your insurer may offer to pay your claim in order to seek additional damages against the other driver’s insurer through subrogation.

Since insurance companies are interested reducing the amount of money they payout in claims, you may encounter difficulties with your own insurer. For example, if it can be shown that you were partially at fault in the accident, the amount of compensation you are eligible to receive will be reduced by the percentage of your fault: if you suffered $100,000 in losses but are deemed 50% at fault, the most you could recover would be $50,000. For this reason, it’s important to consult an attorney who can protect your rights and ensure your insurer doesn’t engage in bad faith insurance practices.

Weber & Nierenberg – San Francisco Uninsured / Underinsured Attorneys

Dealing with hospital bills, property damage, and lost wages after being hit by an uninsured or underinsured driver can be stressful and frustrating. Hiring a personal injury attorney to protect and assert your rights and interests can reduce your anxiety and ensure your insurer doesn’t try to take advantage of you. To learn how our personal injury lawyers can help you, email San Francisco car accident attorneys or call 1-866-288-6010 today.

Investigating Motorcycle Accidents

Determining What Happened in a Motorcycle Accident

Most motorcycle accidents happen because car and truck drivers don’t see bikers on the road. As a result, it’s not uncommon for motorists to claim that a biker “suddenly appeared out of no where.” Consequently, car drivers and their insurers may try to blame a motorcyclist for an accident that was actually caused by negligence on the part of the car or truck driver. Since personal injury claims can be reduced by the percentage of fault assigned to a motorcyclist, insurers are only too eager to dispatch investigators to a crash site to gather evidence and eyewitness testimony they hope will shift fault away from their policyholder. However, investigating a motorcycle accident can often reveal a great deal about negligence on the part of a car driver – despite how investigators for the insurance company try to twist the facts.

Using Modern Accident Investigative Techniques and Technology

Investigating motorcycle accidents today provides the investigator with a number of tools that make it possible to determine if a car or truck driver was telling the truth. The use of GPS technology allows the trail of debris to be mapped to specific coordinate points, allowing investigators to determine the direction and flow of an accident. Measuring skid marks indicates how fast a motorist was traveling and in what direction. If a car or truck has a GPS or black box data recorder system on board, information pertaining to the movement of the steering wheel, braking, and the speed at which a vehicle was traveling can also be learned. Coupled with information from the GPS mapping of an accident scene, motorcycle accidents can be recreated with a great deal of accuracy.

What Damage to a Car Tells Us about a Motorcycle Accident

By examining the damage to a car involved in a motorcycle accident, investigators can often determine if the driver was at fault. For example, damage to the front end of a car typically raises questions as to why the car driver failed to see the motorcyclist. Damage to the side rear portions of a car may indicate a driver changed lanes without seeing a biker or passed in front of a motorcyclist at an intersection without properly checking for traffic. Considered in light of eyewitness testimony, damage to a motorcycle, and evidence from the crash scene, it’s often possible to expose negligence on the part of car and truck drivers who try to shift blame onto the injured biker.

Hold Negligent Car Drivers Responsible – Call Weber & Nierenberg

As personal injury attorneys, we understand how to investigate motorcycle accidents and deal with insurance companies. Don’t take the blame for a car driver’s negligence – protect your rights and interests, email San Francisco motorcycle accident attorneys or call 1-866-288-6010 today.

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

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.

Bicycle Accidents – What Every Cyclist Should Know

When an Insurance Agent Calls after a Bike Accident

If you’ve been hit by a car while riding your bicycle, very likely a claims adjuster will try to contact you shortly after your accident. Since California is a pure comparative negligence state, any fault assigned to you will reduce the amount of compensation you’re eligible to receive by that percentage amount. For example, if you suffered $10,000 in losses but are deemed 40% at fault, the most you could recover would be $6,000. Insurance companies know this and hope that by getting you to talk, you’ll say something they can use to shift more fault onto you. What, then, are they hoping you’ll say?

Bicyclists and Rules of the Road

Bicycles are vehicles and are expected to adhere to the same rules of the road that govern cars, trucks, and motorcycles. For example, the California Vehicle Code (CVC) lists the following requirements bicyclists are expected to follow:

  • CVC 21201 lists a number of equipment requirements including reflectors that must be seen from a distance a certain distance, mounted lights for cycling at night, brakes, handle bars of a certain height, and a permanent seat
  • Under CVC 21212, people under 18 must wear a helmet when riding a bike
  • Under CVC 27400, bicyclists cannot wear headphones while riding a bike
  • Under CVC 21205, a bicyclist cannot carry items if they prevent him from keeping at least one hand on the handle bars
  • Under CVC 21202, bicyclists are required to ride on the far right side of the road to allow the flow of faster moving traffic
  • Under CVC 21208, bicyclists are required to use bicycle lanes when they are available (except when making a left turn)

When an insurance claims adjuster calls, he may ask you where you were riding, if a bike lane was present, did you use hand signals to turn, were you listing to an iPod, do your pedals have reflectors on them, etc. Here, the intent is to determine if you failed to comply in some way with California’s Vehicle Code regulating bicycles. If you say something that indicates you were not in compliance with the CVC, attorneys for the insurance company may use that as a justification for finding you at fault, thereby reducing the amount of damages you are eligible to receive.

Cars and Bicycles

While bicyclists are expected to use common sense when riding in traffic, approaching and stopping at intersections, and signaling turns, car drivers are expected to exercise common sense as well. For instance, motorists are required to establish a safe passing distance between themselves and bicyclists – roughly a distance of four or five feet. The operative idea here is that the distance established should not create the impression that a cyclist will be – or could be – hit. Further, bicyclists have a right to enter into the left lane of traffic when making a turn. Motorists are required to establish a safe distance between their vehicle and the cyclist and must yield sufficient time and space for the bicyclist to make his or her turn.

Injured in a Bike Accident? Contact Weber & Nierenberg Today

Insurance companies want to pay you the least amount possible. Even if you were not in full compliance with the CVC at the time of your bicycle accident, the driver who hit you may still be completely at fault. To protect your rights and learn how we can help you, contact San Francisco, California bicycle accident attorneys at Weber & Nierenberg today. Our personal injury attorneys provide free consultations and are happy to evaluate whether or not you have a case.

We understand the tactics of insurance companies and how to investigate bicycle accidents – let one of our bike accident attorneys help you – call 415-788-3900.

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

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.

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