Southern California is the setting for some of the world’s heaviest trucking traffic. That also makes it the setting for plenty of trucking accidents. If you’re injured – now or in the future – in a traffic collision with a truck, speak right away to an experienced California personal injury attorney. By looking at the causes of truck accidents, some drivers may be able to avoid them. Five of the most common causes of trucking accidents are:

1. Fatigue: Truck drivers are governed by federal trucking regulations. They may not drive for more than 14 hours after at least 10 hours of off-duty rest. Additionally, a trucker may not drive more than 8 hours straight after taking an off-duty break of at least 30 minutes. When drivers bend the regulations, it leads to drowsiness and accidents.

2. Aggression: A commercial truck, fully loaded, can weigh up to 80,000 pounds; obviously, it must be handled with caution. Aggressive truckers can’t react as quickly as drivers in smaller vehicles; this endangers the lives of other motorists. When truckers follow too closely, cut someone off, speed, or drive aggressively in any way, they are more likely than other drivers to cause accidents.

3. Distraction: Trucks have huge blind spots, so drivers who become distracted – by phones, food, or even by radios – can cause catastrophic crashes.

4. Inexperience: Trucking companies are required to train drivers and ensure their qualifications. If you’re injured in a crash with an inexperienced truck driver, a good personal injury lawyer may suggest filing a claim against the company as well as the driver.

5. Poor maintenance: Trucks are big, heavy, and hard to drive. Failure to maintain an 18-wheeler can lead to blowouts, brake failures, engine and transmission troubles, and other issues that can result in trucking accidents.

If you or a loved one has been injured in a truck accident, or if you are the survivor of a loved one killed in a truck collision, speak to a good personal injury lawyer as quickly as you can. Compensation for personal injury is your legal right. In the San Diego area, if you or a member of your family has been injured in a trucking accident, contact experienced California personal injury attorney Gary Sernaker at (858) 509-0188, or email him at Gsernaker@gmail.com to discuss your rights and options under California law.

Almost a third of the drivers on California highways today are uninsured or underinsured. These drivers, not surprisingly, are often the least cautious, and their cars are often the least safe. Uninsured motorist (UM) coverage is included with all automobile insurance policies in California. If you’re in an accident, and the other driver is uninsured or underinsured (or flees the scene and cannot be identified, thus committing hit-and-run), UM coverage lets you file a claim with your own insurer. When you’re not driving, your automotive UM coverage still applies if an uninsured or underinsured motorist injures you, even if you were walking, riding a bike, or even sitting at a sidewalk café. California requires a minimum of $15,000 in UM coverage, but adding additional coverage is wise. In some accidents, a victim’s losses can run into the tens of thousands or more. You may want a policy that can cover medical expenses, pain and suffering, lost earnings, and more.

UM coverage is designed to compensate financial and other losses you sustain in a collision caused by the negligence of an uninsured, underinsured, or hit-and-run driver. Financial losses include medical expenses, any loss of income or earnings, any damage to your ability to work in the future, and associated out-of-pocket expenses such as additional child care costs. Non-financial damages include pain, suffering, and other losses. While there’s no foolproof, ultimate way to establish a precise financial value for these losses, insurance companies and attorneys can usually reach an agreement based upon the severity of the injury, the prospects for recovery, and the length of time involved.

If you are injured in an accident with an uninsured motorist – now or in the future – you may need help negotiating with your own insurance company; contact an experienced personal injury attorney. Despite the terms of your policy, some companies will delay, ignore, or even deny your claim. Any time you are injured in a traffic accident – regardless of who is insured or for how much – get help at once from a good personal injury lawyer. In the San Diego area, if you or a member of your family has been injured in an accident with an uninsured, underinsured, or hit-and-run driver, call experienced California personal injury attorney Gary Sernaker at (858) 509-0188, or email him at Gsernaker@gmail.com to discuss your rights and options under California law.

A wrongful death suit is a legal claim brought against a party whose negligent act or oversight caused the death of a close family member. Wrongful death claims can arise in several ways, including:

• Traffic accident fatalities
• Improper nursing care or medical malpractice
• Deaths from defective and consumer products
• Fatal falls
• Violent crimes

Under California law, your relationship to the deceased victim determines whether you can collect damages in a wrongful death case. While the loss of a loved one is extremely painful, a wrongful death suit can at least cover the costs associated with death, and sometimes, loved ones can also win compensation for lost potential earnings. Damages that may be awarded include:

• Medical expenses
• Funeral expenses
• Loss of future earnings and retirement income
• Loss of consortium
• Emotional distress of survivors

Potential plaintiffs should keep in mind that emotional distress damages and loss of consortium damages are considered “non-economic” damages that do not involve a genuine monetary loss or possess a precise cash value. As such, when a wrongful death case goes to trial, the amount of an award for emotional distress or for loss of consortium is usually left to the discretion of the judge or jury.

An experienced wrongful death attorney will work aggressively to win every cent of compensation you deserve while understanding the grief and pain you are still undergoing. If you’ve lost a family member to a wrongful death, you’ll have to deal with both legal and emotional issues. It may be difficult, but it’s imperative to launch a wrongful death suit as quickly as you can; speak to a good wrongful death lawyer right away. In the San Diego area, if your family has suffered a wrongful death, contact experienced California wrongful death attorney Gary Sernaker at (858) 509-0188, or email him at Gsernaker@gmail.com to discuss your rights and options under California law.

A few months ago I discussed the effect which the bankruptcy filed by Chrysler had on their liability for defective Jeep Cherokees and other vehicles that they manufactured before they declared bankruptcy.

An unintended consequence of allowing Chrysler and General Motors to file bankruptcy, was that the government not require either company to accept liability for defective and unsafe vehicles they manufactured before they declared bankruptcy.

Based upon recently disclosed information from General Motors, their engineers were aware nearly five-years ago regarding the dangerous and faulty ignition switch contained in their Chevrolet Cobalt. General Motors now admits, that their engineers’ had a meeting which confirmed these defects in May 2009. This was after at least 23 fatal crashes had occurred resulting in 26 deaths. This meeting occurred before July 3, 2009 when General Motors’ bankruptcy agreement went into effect.

It is significant to note that the government also became a significant shareholder of General Motors. This was based upon the financial bailout provided, with taxpayers’ dollars, to keep General Motors in business.

However, the government was also responsible to monitor and supervise vehicular consumer safety. General Motors allegedly reported these automobile accidents to the government under a system called Early Warning Reporting. This requires all of the manufacturers to disclose claims that they receive blaming vehicle defects for serious injuries or deaths.

Prior to now, it is significant to note that General Motors has aggressively defended several of these claims, which resulted from the faulty ignition switch design, by denying that such a defect in fact existed.

General Motors has now officially recalled 1.6 million Cobalt vehicles and other small cars, confirming that the ignition switch when bumped or weighed down with heavy key rings could cause the unexpected shut-off of the engine’s power while disabling airbags and the vehicle’s braking system.

The New York Times recently reported that by the end of 2007 General Motors had examined data from 9 sensing and diagnostic modules of crash vehicles. In 4 cases the ignition switch was in the accessory position. General Motors claims that it was not until May 15, 2009 that GM engineers verified this data.

At the very least, General Motors was in possession of sufficient information to place them on notice that there were serious and dangerous defects which existed in the design for this ignition switch before bankruptcy was finalized.

This safety defect was made even more egregious by the fact that these vehicles were marketed to either young or new drivers.

In order for families who have been tragically affected by these defects for vehicles manufactured before the date of bankruptcy, it would be necessary for the bankruptcy Judge to set aside the bankruptcy protection as it relates to these claims. He could provide relief based upon fraud by General Motors in failing to disclose this information before it completed bankruptcy.

If this relief is not granted by the Bankruptcy Court, then it would be necessary for the Justice Department to file criminal charges against General Motors. They could have them compensate the families victimized by the loss of their children while operating these unsafe vehicles as part of the criminal penalty assessed against them.

This appears to be one more example of how the government failed to protect the interests of the consumer public against the dangers of unsafe or defectively designed vehicles when taxpayer relief was provided to keep these companies in business.

In 1975 California doctors staged a walk-out to protest the rising medical malpractice insurance premiums that they were forced to pay due to the underwriting practices of the insurance carriers who sold this type of insurance coverage in California.

Governor Brown, in his first term, agreed to place draconian limits in the amount of $250,000 for an injured patient’s pain and suffering. Therefore, any individual who receives substandard medical care, or who goes into a hospital and doesn’t come out, due to the negligence of the physician or hospital personnel, can receive no more than this limit for those type of damages. This limits applies to all injuries, no matter how catastrophic they might be, including injuries which occur at birth which damage the brain or result in quadriplegia.

The Consumer Attorney Association for California is presently mobilizing for an initiative fight to increase this limit which was never intended by the Assemblyman who proposed it, John Garamendi, to be permanent.

However, the time and considerable money which will be expended, by both sides of this initiative battle, fails to address the real issue that this damage cap has had upon injured patients, who suffer grievous injuries through no fault of their own.

The Supreme Court of Florida, recently overturned Florida’s 2003 cap for malpractice damages by calling it discriminatory and therefore in violation of the in State Constitution. The court also investigated the basis for the so called medical malpractice insurance crisis that prompted the Florida State Legislature to impose these damage caps.

The Court determined that the assertion that doctors were leaving the state in droves because of multi-million dollar malpractice awards by juries, driving insurance premiums sky high, was untrue.

During the “purported crisis”, the supply of doctors in Florida was increasing not decreasing. Reports of physicians fleeing where anecdotal and often fabricated. The actual increase for rising medical malpractice insurance premiums was found not to result from litigation claims but from the insurance industry’s underwriting practices. These same practices were also behind the so-called medical malpractice crisis in California which resulted in the current stringent malpractice cap.

The Court also cited evidence that malpractice caps have no appreciable effect on malpractice rates. The Court did find that just like in California, these caps significantly increase and ensure insurance company profits without achieving anything for the doctors who pay premiums or the patients who are turned away at the courthouse door.

The Court determined that this limitation was unfair and illogical, effectively saving a modest amount for many by imposing devastating costs on a few. The individuals who are most grievously injured or who sustain the greatest damage and loss simply because of the existence of this cap on their pain and suffering.

Therefore, the true debate should be whether or not these caps should be removed entirely instead of just raising them in order to provide additional profits for the medical malpractice insurance companies. Those caps also unfairly protect the medical providers who negligently inflect catastrophic harm to their patients.

If you slip and fall on another person’s property and the result is a serious personal injury, contact an experienced personal injury attorney at once. When you’ve been injured by someone else’s negligence, don’t lose out on the damage award you deserve. However, several elements of a slip-and-fall case must be proven in court; a good personal injury lawyer can help.

If you slip, fall, and become injured, the first step in establishing liability is to demonstrate that the defendant was legally responsible for maintaining the property safely and for eliminating any potential dangers there. Injured victims must then prove that the defendant failed in that responsibility through either negligence or improper action. If a defendant had an opportunity to discover and fix a dangerous condition on the property, and failed to do so, the defendant is guilty of a breach of duty. Finally, an injured victim must demonstrate that the breach of duty was the precise cause of the personal injury.

The defendant’s attorney will usually attempt to discredit your claim by asserting that your injury had some other, unrelated cause. The injured victim may introduce witnesses or physical evidence demonstrating a direct link from the dangerous condition to the injury. However, if a victim was trespassing or was in a restricted-access area of the property, or if a victim could reasonably expect to confront a dangerous condition, even a good personal injury lawyer may not be able to establish your case.

If you are injured in a slip-and-fall, and if you believe you have a genuine personal injury claim, speak with an experienced personal injury attorney immediately. A good personal injury lawyer will assess your case, explain your options, and help you gather the witnesses and evidence you’ll need to prevail in court and win compensation. If you’ve suffered any slip-and-fall injury due to the negligence of another person, speak to an experienced personal injury attorney immediately. In the San Diego area, if you or a member of your family has been injured in a slip-and-fall accident, contact personal injury attorney Gary Sernaker at (858) 509-0188, or email him at Gsernaker@gmail.com to discuss your rights and options under California Law.

When a consumer suffers a personal injury from using a commercially-sold product, the consumer may file a product liability suit. If the victim used the product as intended and was injured, it’s probable that a product liability claim will succeed, but you’ll need legal help from an experienced personal injury attorney. In most product liability cases, either a manufacturer is liable for producing the defective item, or marketers or sellers are liable for deceiving users about the product or failing to provide warnings.

Most manufacturers will recall a product when it’s obvious that the item is defective. Recalls are normally announced by whatever federal agency has jurisdiction over the particular industry affected. The Food and Drug Administration, for example, publicizes recalls of prescription and over-the-counter medications; recalls of cars and auto parts are announced by the National Highway Traffic Safety Administration. Agencies that announce recalls usually list on their websites any products currently being recalled. Most local TV and radio stations offer the same information on their websites. Consumers may also sign up for online alerts to receive recall information from agencies as quickly as it becomes available.

See a good personal injury lawyer right away if you’ve been injured by using a consumer product. You may be awarded compensation for your medical expenses, lost wages, pain and suffering, and more. Statutes of limitations restrict the amount of time you have to file a claim, so act promptly. An experienced personal injury attorney will fight for your rights and give you the advice and legal representation you need. In the San Diego area, if you or a member of your family has been injured using a defective product, contact personal injury attorney Gary Sernaker at (858) 509-0188, or email him at Gsernaker@gmail.com to discuss your rights and options under California Law.

The number of Americans riding bicycles has jumped by 40 percent in just the last ten years. While bicycling is healthy, it can also be perilous. Obviously, a bicyclist is exposed, and bicycles do not have the safety features that automatically come with a car or truck. Nearly 38,000 riders were injured in bike accidents in 2011, and 677 bicyclists died in those accidents.

If you’re a bicyclist or if you are considering more bicycling, ride safely. Here are some tips:

1. In most states, bicyclists must adhere to the same rules that apply to automobiles: stopping at red lights, obeying signs, yielding to pedestrians, etc.
2. Worn properly, helmets substantially reduce the chance of a head injury.
3. Wear bright clothing, and make sure your bicycle has headlights, tail lights, and reflectors.
4. Signal your lane changes and ride with traffic.
5. Don’t drink and ride; 20 percent of bicyclists killed in accidents in 2010 were at or over the legal limit.

If you suffer a personal injury in a bicycle accident, follow these steps. Do not admit any fault or sign any insurance papers prior to talking with an experienced personal injury attorney. If it’s possible, take pictures of your injuries both before and after medical treatment. Keep copies of any medical, police, or insurance paperwork generated by the accident.

These tips will help if you file a personal injury lawsuit; don’t wait to speak with a good personal injury lawyer because there’s a limit on the time have to file a suit. If you or a member of your family has been injured in a bike mishap, or if you are the survivor of a loved one killed in a bicycle crash, please speak to an experienced personal injury attorney promptly. You may be compensated for medical expenses, lost wages, and more. In the San Diego area, if you or a member of your family has been injured in a bicycle accident, contact personal injury attorney Gary Sernaker at (858) 509-0188, or email him at Gsernaker@gmail.com to discuss your rights and options under California Law.

The U.S. Department of Labor reports that a worker is injured on the job in the United States every seven seconds. After making payroll, workers’ compensation claims are the most costly expenditure that a business makes. Employers can safeguard both their workers and their bottom line by debunking these myths about workplace accidents and personal injuries.

One common myth is that employers don’t care about the safety of employees; that’s the exception, not the rule. Workplace injuries in the United States cost employers approximately $250 billion a year in medical costs and lost productivity. If an employer cares about profits, he or she also cares about safety. Safety awareness – on the part of owners, management, and labor – benefits any business and makes it a better place to work.

Another myth is that accidents in the workplace simply aren’t preventable. The fact is, if employers and employees both stay alert, most accidents are easily avoided. Encourage everyone at your workplace to pick up rubbish and report faulty equipment. With just a little diligence, everyone can spot and eliminate potential hazards. Make sure all employees use and wear personal safety equipment when needed.

If you’ve been injured at your place of work, speak promptly to an experienced personal injury attorney. A good personal injury lawyer can help you win compensation for your medical expenses, lost wages, and lost earning capacity. Injured victims may also receive pain and suffering damages, and in some cases, punitive damages. A good personal injury lawyer can evaluate your case, explain your options, and direct you through the complex legal landscape. Don’t hesitate; if you’ve suffered a workplace injury, protect yourself and contact an experienced personal injury attorney as quickly as possible. In the San Diego area, if you or a member of your family has been injured in a workplace accident, contact personal injury attorney Gary Sernaker at (858) 509-0188, or email him at Gsernaker@gmail.com to discuss your rights and options under California Law.

Fatalities due to motorcycle accidents in California and across the country are on the rise. Over 4,000 died in motorcycle mishaps in 2009, but the number rose to almost 5,000 – a 20 percent increase in just two years – in 2011. Data for 2012 indicates that motorcycle-related fatalities are continuing to climb. Unfortunately, many on motorcycles die due to the negligence of other drivers. If you are injured in a crash with a motorcycle, or if you’re a motorcyclist who’s been injured and the other driver was at fault, an experienced personal injury attorney can provide the legal help you need. Meanwhile, car, bus, and truck drivers can reduce their chances of crashing into a motorcycle with these safety tips:

1. Stopping a motorcycle is different from stopping a car or truck, and stopping distances can vary. Riders typically slow a motorcycle by downshifting rather than braking, so the brake light won’t turn on. Leave extra space in front of you.
2. Watch for lane-splitters; lane-splitting is allowed in many states including California. If an auto or truck driver is careless or negligent in a crash with a lane-splitting motorcyclist, the driver may be deemed liable.
3. A motorcycle requires its rider to deal with obstructions that other drivers don’t notice: trash, potholes, and other hindrances on the road. Give motorcyclists plenty of space.
4. Use your turn signals and look twice when turning. About a third of motorcycle crashes happen when a vehicle making a left turn cuts off a motorcyclist.

If you’re in an accident with a motorcycle, or if you are a motorcyclist in a crash, protect your rights. Don’t admit any fault or sign any insurance forms before consulting with a good personal injury lawyer, and do that as quickly as possible. In any crash, protecting your health and your legal rights must be your top priority. If you or a member of your family has been injured in a motorcycle accident, an experienced personal injury attorney can help you win compensation for medical expenses, lost wages, and more. In the San Diego area, contact personal injury attorney Gary Sernaker at (858) 509-0188, or email him at Gsernaker@gmail.com to discuss your rights and options under California Law.