San Diego taxi cab accident lawyersPassengers in taxicabs are at just as much risk for an accident as other vehicle passengers. Unfortunately, there are some extra unique challenges that cab passengers may face when they attempt to pursue a taxicab accident claim. The following explores some of these little-known obstacles and explains how you may be able to overcome them in your case.

Cab Drivers Are Held to Higher Safety Standards

Taxicabs are considered “common carrier” vehicles. Because of this, the state of California holds them to a higher standard of safety. Even the smallest amount of negligence could make the driver responsible for the injury of a passenger, pedestrian, or another road user. Drivers and cab companies are also required to maintain their vehicles to ensure safety. Again, any failure to do so could make them liable for the injuries that a passenger experiences.

Drivers May Not Be Employed by the Company

Unlike other “common carrier” drivers, taxicab drivers are not always employed by a specific company. Instead, many are independently contracted and are only affiliated with the company listed on the side of their vehicle. This can create some complexities in pursuing a claim, and victims often struggle to make it through this confusing process.

Lack of “Employment” May Not Excuse the Cab Company from Liability

Taxicab companies may not always employ their drivers, but that does not necessarily excuse them from fault. There may still be circumstances in which they could be considered liable. For example, if a cab company contracts a driver with a history of driving under the influence and a passenger is injured because of driver intoxication, the company could be held liable.

Multiple Parties Could Be Considered Liable

Cab drivers may not be the only negligent party in a taxi cab accident. Other drivers, pedestrians, truck drivers, and other individuals could also be responsible. While this could ultimately increase a victim’s compensation, it can also increase the complexity of the claim.

Not pursuing one or more negligent parties for compensation could reduce the overall payout. As an example, consider an accident in which the cab driver is considered only thirty percent negligent; the victim may receive a settlement, but the settlement would have been far more if they had pursued the party who holds the additional 70 percent of the fault.

Contact Our San Diego Taxicab Accident Lawyers

At Martinez & Schill, LLP, we fight for the rights and best interests of accident victims. Seasoned and experienced, we can handle even the most complex of personal injury cases. Schedule your consultation with our San Diego taxicab accident lawyers to learn more about how we can help with your case. Call 951-200-4630 today.

Source:

http://www.sfgate.com/business/article/SF-jury-finds-Yellow-Cab-liable-for-8M-accident-6352539.php

Posted in Taxi Cab Accident | Tagged , , , , | Comments Off

California hit-and-run accident attorneysFew things are more frightening, or harder to deal with, than a hit-and-run accident. Not only were you in an accident and perhaps injured, but you also may not have any idea who crashed into you. Worse yet, you may not have even seen the other vehicle, which could complicate the claim filing process. Thankfully, there are some steps you can take after a hit-and-run accident. Learn them here, and discover where you can find assistance.

Check for Signs of Injury

Your first inclination might be to try and chase down the other driver or talk to nearby witnesses to see who hit you. Unfortunately, following this instinctual desire could make serious injuries worse. Often, adrenaline masks the symptoms of pain or injury, so before you step out of your car, take a few deep breaths and assess your body. Does anything hurt? Are you bleeding? Did you hit your head during the crash? Immediately call emergency responder if you notice any pain, bleeding, or believe you may have suffered a head or neck injury.

Call the Authorities

While it is likely that a nearby witness has already called the police, you should not rely on them to do so. Instead, call them yourself. Let them know where you are, and inform them if your vehicle is blocking traffic but cannot be moved. You should also notify them if you suspect injuries but believe them to be minor. In most cases, they will go ahead and send emergency responders, just to be safe.

Talk to Witnesses and Collect Information

Once you have determined that you are not in immediate danger from any potentially serious injuries, it is safe to talk to potential witnesses of the accident. Gather as much information as you possibly can, including what they saw and their name, phone number, and address. Their testimony may be critical to your case.

Seek Further Medical Attention

Emergency responders tend to deal with serious or potentially fatal injuries. To ensure you are not at risk for insidious injuries that cannot be seen, and to establish a point of injury for other, less severe injuries, it is important to seek additional medical treatment from your doctor. This visit should be made, even if you do not believe you have suffered from anything more than bumps and bruises; internal bleeding, head injuries, and conditions like whiplash can easily be missed by an emergency responder or even you, the victim.

Contact an Experienced San Diego Car Crash Lawyer

Although you can file a personal injury claim on your own, it is highly recommended that you seek the experience and assistance of a knowledgeable personal injury lawyer. Not only does this improve your odds of receiving a fair claim for your injuries, but it could also make the difference between an award of compensation and a denial of your claim. Dedicated to your best interests, our San Diego car crash lawyers at Martinez & Schill LLP will fight for the most compensation possible. Schedule your free consultation by calling 619-512-5995 today.

Sources:

http://abc30.com/news/driver-flees-scene-after-major-crash-near-orosi-leaves-several-injured-police-say/1905124/

https://www.esurance.com/info/claims/hit-and-run-claims

Posted in Car Accidents | Tagged , , , , | Comments Off

The Hollywood Casino recently opened in Jamul, California.  The local community fought long and hard for years to stop this Casino from disrupting this small town and bringing increased traffic to an already dangerous roadway – Highway 94.

According to the San Diego Union Tribune: “Driving rural State Route 94 can be deadly.”  Partner, Michelle Schill at Martinez & Schill can verify the same, after growing up in Jamul and knowing multiple people injured or killed on this dangerous roadway.  According to the California Highway Patrol, there have been 1,150 collisions on Highway 94 from Rancho San Diego to Jamul since 2005 with hundreds of people being injured and twenty-two people killed.

Additionally, to make matters worse, Caltrans allowed the Hollywood Casino to open without completing traffic improvements such as turning lanes, retaining walls and traffic signalization at the intersection.

Diane Jacobs, San Diego County Board of Supervisors, stated: Highway 94 has seen 100 DUI-related collisions in the past decade.  Jacobs went on to call Route 94 a “death trap.”  Prior to the opening of the casino an estimated 17,000 vehicles daily make the commute on the highway starting near Steele Canyon Road and ending at the Mexican border. However, with the opening of Hollywood Casino, Jacob estimated at least 9,000 more trips are projected to be taken on the roadway.

Given the above the number of car accidents on Highway 94 is likely to increase.  As locals know the roadway is dangerous, but many first-time travelers are may be coming from the new casino after consuming alcoholic beverages and then driving on a high speed winding roadway, which creates a significant concern for safety.  Less than one year ago, a motorist died on state route 94, when a driver who was suspected of DUI took a curve in the road too fast on state Route 94 in Jamul causing her vehicle to run off the road and overturn.  There is a real concern that more accidents like this will occur.

Since the opening of the casino six months ago, there have been multiple occasions in which highway 94 has been at a standstill due to traffic.  Thus, far we have not seen any accidents but we fear it is only a matter of time.

If you are involved in an accident on Highway 94 and need legal representation please contact Martinez & Schill LLP at 619-512-5995.

Posted in Car Accidents, Uncategorized | Tagged , , , , , , | Comments Off

San Diego TBI lawyersTraumatic brain injury (TBI) has recently been connected to a slew of ongoing issues, including sleep problems, depression, and even a possible increased risk of Alzheimer’s. As more research is done, scientists are discovering more about the strange connection between TBI and other conditions. For example, one study recently revealed that women who have suffered a brain injury may be at an increased risk for mental health issues. What might this mean for your personal injury case? The following information explains.

Taking a Closer Look at the Study

Blast injuries, which are especially common among individuals in the military, have long been associated with an increased risk of post-traumatic stress disorder, depression, and other neuropsychiatric disorders. Even more interesting is that men, who are more likely to experience TBI, are less likely to experience such disorders after a brain injury. Yet no one understood why; the recent study sought to change this.

In analyzing mice exposed to mild blast injuries, researchers found that the neuroendocrine stress axis reacts differently in female mice than it does in male mice. This difference could explain why women are more prone to fear and anxiety after a brain injury. Such emotions could also tie into the increased risk of depression and other neuropsychiatric disorders.

Understanding How This May Impact a TBI Case

While the data is still new, and more studies will need to be done to confirm the potential link between TBIs and an elevated risk of mental illness among women, it could eventually be used as a risk factor in personal injury cases. Overall, this could increase the potential compensation that some TBI victims may be owed in their settlements. This may be especially true if it is determined that debilitating disorders are far more common in women than they are in men.

Other factors that may impact the settlement of a TBI victim include:

  • Time lost from work,

  • Loss of vitality,

  • Medical expenses,

  • Long-term disability, and

  • Pain and suffering.

Because the factors are many, and each case is unique, it is important that victims contact an experienced personal injury attorney for assistance with a traumatic brain injury case.

How Our San Diego TBI Lawyers Can Help

At Martinez & Schill, LLP, we understand the difficulties that TBI victims face. Dedicated to the best interest of our clients, our San Diego traumatic brain injury lawyers fight aggressively to ensure they get the compensation they deserve. Learn how we can assist with your head injury case. Call 619-512-5995 and schedule your personalized consultation today.

Source:

https://www.sciencedaily.com/releases/2017/04/170403140446.htm

Posted in Birth Injury | Tagged , , , , | Comments Off

San Diego car accident lawyersAlthough single and two-car accidents are the most common, multi-car crashes and pile-ups do occur. Often, such crashes are the result of a chain reaction – one car sets it off, and others may aggravate the circumstances. Unfortunately, this can make determining who is at fault rather difficult. As such, it may be difficult to determine how one can go about pursuing compensation for any injuries they may have sustained. If you or someone you love has been involved in a multi-car accident, the following information may help.

Determining Who is At Fault

While the at-fault driver may be evident in some cases (a red-light runner, a driver who was speeding) in some cases, others may be difficult to discern. It should also be noted that the driver who set off the chain reaction may not be the only one at fault. For example, if a car crashes into a vehicle behind you, and that vehicle hits you, both could be considered liable. So, whom do you file your claim through? This may not be a cut-and-dry decision.

Law enforcement will often investigate the accident to determine who may have been at-fault in a multi-car accident. However, they generally look at all involved parties to determine if more than one driver may have been negligent. A copy of their final analysis may be necessary for those wishing to pursue a personal injury claim.

Taking a Proactive Approach

Since it may not be possible to determine who was at fault for an accident until after the investigation is complete, you may have to act proactively. Gather information from all the drivers, including their plate number, driver’s license number, insurance policy number and provider, personal and work phone numbers, and physical address. You should also attempt to collect information from any witnesses at the scene. Also, request a copy of the police report; this will give you the information you need to follow up on any pending investigations.

Getting Assistance with Your Claim

Legal assistance can be beneficial for any car accident victim, but it can be crucial in situations involving multi-car pile-ups. Not only do you have to submit your claim to the right insurance company, and under the correct policy, you may have multiple claims to file. With all of them considered time-sensitive, the task of going it alone can be overwhelming.

Do not face your personal injury claim alone. Instead, contact Martinez & Schill, LLP for assistance. Dedicated and experienced, our San Diego personal injury lawyers can handle the legal complexities of your case to ensure you and your loved ones have the time to heal. In every situation, we pursue the most compensation possible. Schedule a free consultation to learn more. Call 619-512-5995 today.

Source:

http://abc7ny.com/traffic/9-people-injured-in-10-car-accident-in-north-amityville/1822478/

Posted in Car Accidents | Tagged , , , , | Comments Off

San Diego car accident lawyersAlthough the injuries sustained in a car crash can be devastating for any victim, children are often at an increased risk for severe or fatal injuries. Understanding this risk, and the most common injuries can be crucial to their survival. This knowledge can also increase the chances that a parent receives the compensation they need to ensure their child receives quality care. Learn more about the injuries most commonly sustained by children in car accidents, and about where you can turn for help in obtaining the compensation you deserve.

Crash-Related Injuries Among Children

Much like adults, children most often experience injuries to the head, neck, spine, and thoracic region. It should be noted, however, that these injuries are often more severe in children. For example, children may be more likely to experience a concussion than an adult because their brain is still developing. Further, this type of injury is far more liable to result in a fatality in children because their brains are especially prone to swelling. Thoracic injuries, such as broken ribs, and injuries to the spine also occur in children more frequently than in adults; this is due, in part, to their still developing bones.

Common Risk Factors Among Children

While parents may not be able to mitigate some of the risk factors for children (i.e. their age, developing bone and body structures, etc.), parents can take actionable steps to reduce the possibility of injury to their child. Basic car seat safety is the most crucial. This includes:

  • Using the appropriate car seat for the child’s age, size, and weight;

  • Ensuring the car seat is installed correctly;

  • Keeping children rear-facing (until at least two years of age);

  • Registering the car seat so that parents receive notification of recalls; and

  • Checking recall lists to avoid any missed recalls.

Studies also suggest that children often fare better after an accident if seen at a pediatric urgent care unit, rather than an adult or general emergency treatment center. As such, parents may want to seek out a local pediatric unit if their child is involved in a crash. If one is not available, it is still crucial to ensure your child sees a healthcare professional immediately after the accident. Some injuries can be difficult to detect, and others may present with delayed symptoms. Having your child seen for possible injuries, early on, can increase the chances of receiving full and fair compensation.

Contact Our Experienced San Diego Car Accident Lawyers

If your child has sustained an injury in a car crash, Martinez & Schill, LLP is the firm to remember. Our San Diego car crash lawyers have experience assisting victims, and we always pursue the most favorable outcome possible. Dedicated and compassionate, we will aggressively protect the best interests of your child. Learn more about how we can assist with your case. Call 619-512-5995 and schedule your free consultation today.

Sources:

https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/811325

http://abc7.com/news/2-killed-kids-critically-injured-in-llano-crash;-sr-138-east-closed/1796773/

Posted in Car Accidents | Tagged , , , , | Comments Off

San Diego car crash burn injury  lawyersCrashes that result in fire can cause severe injury to victims. In fact, nearly 16,000 people suffer car crash burn injuries each year. Approximately 300 of those victims experience injuries that are so severe, they ultimately lead to fatality. Another 6 percent experience moderate to severe burn injuries, and about 75 percent suffer second- or third-degree burns on over 90 percent of their bodies. If it has happened to you or someone you love, the following information can help you understand the treatment, potential risks, and rights of vehicle accident burn injury victims.

Most Common Burn Injuries in Crashes

Almost everyone has suffered a first-degree burn, which results in dry skin, redness, and pain. Many others have also experienced second-degree burns, which can cause redness, swelling, and blistering. Yet most only experience these two types of burns over a small portion of their body. For car crash burn injury victims, the damage is often extensive, covering large areas of the body. First-degree burns in these situations are rare. Instead, the most common burn injuries are second-degree burns and third-degree burns (damages all layers of the skin and fat tissue). Fourth-degree burns are also possible (includes damage to the skin, muscles, tendons, and/or bones) in car crashes, but are rarely survived.

Treatment for Vehicle Crash Burn Injuries

Because the burn injuries are often severe and cover large areas of the body, car crash burn injury victims are often admitted to a hospital for treatment. They are also likely to have a multidisciplinary treatment team, which can include everything from infection control doctors to therapists and rehabilitation specialists. Much of their early healing is focused on keeping the body hydrated (burned skin has a hard time retaining fluids) and fighting against the risk of infection. As time goes on and the body starts to heal, skin grafts and other types of reconstructive surgery may be incorporated into the treatment plan. Depending on the severity of the burns, and their location, the victim may also need to go through physical therapy to learn how to use injured areas of their body.

Understanding the Rights of Victims

Victims who are burned by a vehicle fire are often at risk for financial troubles. They may be unable to work, and the treatments they need are expensive and painful. A personal injury claim can help mitigate the risks, but victims are at risk for unfair treatment, devaluation of their claims, lengthy delays, and even outright denials that can result in additional emotional and financial stress. As such, it is recommended that victims seek experienced assistance while going through the insurance claim process.

Contact Our San Diego Auto Accident Injury Lawyers

At Martinez & Schill, LLP, we fight for the rights and best interests of victims. Dedicated to getting you and your loved ones the compensation you deserve, we can help you navigate the complex personal injury claims process. We will stand by your side, every step of the way, and aggressively pursue the most favorable outcome possible. Have your case examined by our San Diego auto accident injury lawyers. Call 619-512-5995 and schedule a free consultation.

Sources:

http://www.ameriburn.org/resources_factsheet.php

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2801053/

https://www-fars.nhtsa.dot.gov/Main/index.aspx

Posted in Car Accidents | Tagged , , , , | Comments Off

San Diego child injury attorneysAs a parent, you want to believe that your child will be safe while walking, bicycling, or riding to school. Unfortunately, this is not always the case. Drivers do not always follow the rules, and there are even instances of people driving through school zones while intoxicated. Parents should understand their child’s risk of a pedestrian accident, as well as how to mitigate it. Most of all, they should know how to pursue compensation, should their child ever be injured.

Most Dangerous School Zones in San Diego

In a recent study, researchers examined the total number of accidents that occurred within a half mile of all school zones in California. Since children often bike or walk to school, accidents involving bicycles and pedestrians were weighed heavier than those involving other motor vehicles. San Diego County had three school zone areas that were especially concerning – Urban Discovery Academy, Central Elementary near University Avenue, and Euclid Elementary in City Heights.

Mitigating the Risk for Children

Regardless of where your children go to school, it is important to do all you can to keep them safe. What, exactly, does that entail? Experts have a few suggestions:

  • Never let children under the age of 10 walk or bike to school without an adult;

  • Keep children on a designated school route;

  • Limit the number of street crossings your child has to make;

  • Teach your child to cross only at marked and designated crosswalks;

  • Encourage children to travel to school in groups;

  • Dress children in brightly colored clothing whenever possible; and

  • Teach children to look before crossing, even if the sign says it is safe to cross.

Further, parents could consider simply driving their children to school (perhaps employing the use of a carpool with another trusted parent if a daily drop-off or pick-up is difficult because of schedules). Alternatively, students who ride the bus to and from school are typically less likely to be involved in an accident. Of course, you would still need to teach your child about crossing the street safely, particularly if the bus stop is not right in front of your home, but it could help to mitigate their risk of an accident.

Pursuing Compensation for an Injury

If your child is injured on their way to or from school, your family could be placed at serious risk for financial devastation. Not only is your child’s injury likely to result in expensive medical bills and time away from school, you could miss work to care for them and ensure they make it to their appointments and therapies. Fight back and get the compensation you deserve. Contact the experienced San Diego personal injury lawyers at Martinez & Schill, LLP and schedule a consultation today.

Source:

http://www.cbs8.com/story/34423387/study-ranks-san-diegos-most-dangerous-school-zones

Posted in Child Injuries: Keeping Kids Safe | Tagged , , , , | Comments Off

San Diego auto accident lawyersAlthough distracted driving comes in many forms (i.e. texting, putting on makeup, or just checking out the scenery), it is the use of cellphones that is responsible for the sharp and significant increase of distracted driving accidents. This remains true, despite the numerous campaigns, warnings, and applications meant to reduce the use of cellphones behind the wheel. Now California is taking a heavy-handed approach to combat the problem. The use of a cellular phone is now explicitly prohibited throughout the entire state.

No Phones, No Exceptions

While many states have implemented laws on the use of cellphones while driving, most only prohibit texting. The new law in California prohibits all use of cellphones while behind the wheel. This means you cannot hold the phone and speak while driving. You cannot text or access your social applications. You cannot even use your mapping or navigational applications. Instead, you must set and program your phone to either work over your car’s bluetooth or some other hands-free device. Furthermore, your phone will need to be programmed and set for your next location if you happen to use it for navigational purposes.

What the New Law Means for Victims of Accidents

The new law might deter some from using their cell phones while driving, but prohibiting them may not stop everyone. There are out-of-state drivers who may come through, those that have little to no regard for the laws, and even some who may simply forget toward the beginning of the law’s implementation. Regardless of their reasons, the new law can be used against these negligent drivers if and when they cause an accident. Unfortunately, not all victims know this, nor do all know that cellphone use is not always investigated. To ensure this investigation is done, and to increase the chances that you or your loved one will receive full and fair compensation for your injuries, contact an experienced personal injury lawyer for assistance.

Our San Diego Personal Injury Lawyers Will Fight for You

When your future and financial stability are riding on the outcome of a personal injury claim, it is critical that you seek assistance from a compassionate and aggressive attorney. This is exactly what we offer at Martinez & Schill, LLP. We stand behind victims and fight for their best interest, every step of the way. Learn more about how we can assist with your case. Call 619-512-5955 and schedule a free and personalized consultation with our San Diego auto accident lawyers.

Source:

http://www.ksbw.com/article/new-california-law-prohibits-all-cellphone-use-while-driving/4096079

 

Posted in Car Accidents | Tagged , , , , | Comments Off

San Diego personal injury lawyersData from the National Highway Traffic Safety Administration (NHTSA) indicates that nearly three million car crashes occur each year. Each accident, though unique, often shares similarities with other accidents. To improve the understand of these common factors, and how they tend to impact victims, researchers at Monash University’s Accident Research Center in Melbourne recently examined a sampling of road crashes throughout Australia. The following provides further details on what they learned and why it matters.

Examining the Most Common Types of Car Crashes

According to the researchers, almost half of all accidents involved one vehicle crashing into another. The next biggest category of crashes were those in which a single vehicle hit an immovable object, such as a pole or a wall. Rear-end crashes, side-on crashes (t-bone), head-on crashes, and crashes where a vehicle ran off the road, either through a straight stretch or along a curve, were the most common crash situations.

A Breakdown of the Most Common Injuries

Of all the injuries experienced in crashes, those to the chest and trunk area were the most common, happening to about two-thirds of all victims. About 39 percent of all victims experienced a head injury. Approximately half of each type of injury were severe. However, the most severe injuries were typically experienced by victims who were involved in a multiple impact crash (one or more classification of crash), and those that were in rollover accidents (which were less common than other types of crashes). Injuries to the limbs were also extremely common, particularly in front-on and side-impact crashes. Rear-end crashes most often resulted in whiplash and injuries to the head, neck, chest, and spine.

Similarities in Crash Causes

While there were many reasons that crashes occurred, a large majority were caused when drivers were distracted, overly tired, or driving too fast. Tailgating was also a common issue in crashes, particularly rear-end crashes. In other words, the majority of crashes were due to the negligence of a driver. In such instances, victims may be owed compensation for any losses they experienced, including lost time at work, medical expenses, and pain and suffering.

Obtaining Compensation for Your Losses

While victims do have the right to pursue a fair settlement for any damages they experience, the process is often messy and complex. To make matters worse, insurance companies are known for doing all that they can to reduce their payout. This can include everything from shifting blame over to the victim to minimizing the impact of the crash itself, possibly to the point of making it seem as though the victim did not suffer as badly as they claim.

At Martinez & Schill, LLP, we protect the rights of victims. Compassionate and experienced, we will fight to get you the settlement you deserve. Learn more about how we can assist in your case. Call 619-512-5995 and schedule a consultation with our San Diego car crash attorneys today.

Source:

http://www.rms.nsw.gov.au/geared/your_driving_skills/car_crashes/anatomy_of_a_crash.html

https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812318

 

Posted in Car Accidents | Tagged , , , , | Comments Off