The Role of Surveillance Footage in Personal Injury Cases

by Staff Blogger | November 27th, 2023

If you’ve recently suffered a personal injury in a car collision, slip and fall, or a workplace accident due to another’s negligence, you might wonder about the evidence needed to support your claim. In addition to medical records and police reports, surveillance footage can support your case.

With traffic and surveillance cameras on many streets and properties in California, this footage can corroborate testimonies, determine liability, and provide objective proof in court.

If you plan to file a claim after a personal injury accident, our California personal injury lawyers can help you obtain and use these recordings to ensure you receive maximum compensation.

Benefits of Surveillance Footage in Personal Injury Claims

Surveillance footage offers an impartial, unfiltered view of accidents, helping your attorney investigate your claim and prove negligence.

• Authenticity. Surveillance footage captures events as they unfold, with timestamps and metadata proving when and where the incident occurred. Camera footage is an objective and unedited account of events that can stand up in court.

• Corroboration of testimony. When memories fade or witnesses have conflicting accounts, video evidence can set the record straight, supporting or contradicting verbal testimonies.

• Determination of fault. By visually presenting a sequence of events, surveillance footage makes it easier for attorneys and insurance companies to determine who’s at fault and accurately assign liability.

• Preservation of real-time reactions. A video can vividly illustrate the immediate pain, shock, or distress of personal injury victims, making it harder to dispute the victim’s damages and suffering.
• Facilitation of settlements. Solid visual evidence can make a quick settlement more likely. This reduces the chances of a prolonged legal battle and helps victims receive fair compensation.

For example, surveillance video can help prove the severity of a car accident and can be vital evidence in facilitating settlement through the at-fault driver’s insurance or a damage award in a personal injury lawsuit.

Types of Personal Injury Cases Where Surveillance Footage is Critical

Surveillance video helps back up a personal injury claim, especially when stories about what happened don’t align. Here are some everyday personal injury situations where this kind of footage can help:

• Slip and fall accidents. In places like shopping malls or public areas, cameras can show the presence (or absence) of hazard warnings, wet floors, or clutter. This footage can prove negligence and reveal the impact and severity of the fall on the victim.

• Car accidents. Traffic and dashcam recordings can illustrate the events leading up to a collision, pinpointing reckless behaviors or determining right-of-way violations. The immediate aftermath captured can give insights into the gravity of injuries, helping validate medical claims and treatments.

• Workplace injuries. In work environments, surveillance video can capture unsafe practices, equipment malfunctions, or the failure to use safety gear. It can show the nature of the injury and the victim’s immediate response, showing the severity of the damage. 

• Pedestrian or bicycle accidents. Surveillance footage can show fault when a pedestrian or bicyclist is struck by a vehicle at crosswalks, intersections, or roads. Video may clarify if the pedestrian had the right of way, if the driver was distracted, or if the bicyclist followed traffic rules, establishing liability and the depth of damage caused.

• Negligent security claims. In places like bars, hotels, or parking lots, surveillance footage can demonstrate inadequate security measures, like poor lighting, broken gates, or the absence of security personnel. If a victim is harmed, video can prove the property owner’s negligence, helping the victim receive compensation in a premises liability claim. 

Privacy Concerns and Legal Considerations

While surveillance footage can be powerful evidence in personal injury cases, there are legal hurdles to navigate. Here are some factors that could complicate the process of getting or using this footage in court:

• Privacy issues. Even if there’s footage, it doesn’t automatically grant permission to use it; privacy rights vary based on whether the event took place in a public or private setting. Given the specifics of the incident, your lawyer might need to work through these legal intricacies to get the video.

• Admissibility. Just because a video records the incident doesn’t mean it’s automatically valid in court. For it to be admissible, it must be authentic and relevant.

To prove authenticity, maintain a clear chain of command for custody of the footage, including where it originated, who has access to the video, who has viewed it, and a record of any copies made.

• Accessibility. Accessing and preserving footage can be challenging. Many cameras come with limited storage, and private and public entities frequently erase content after a set period.

Working with an experienced attorney immediately after your accident can enable them to secure surveillance footage for your case quickly. This might involve issuing a preservation letter to the party or entity in possession of the footage.

Get Skilled Legal Representation with Berg Injury Lawyers

Surveillance footage can strengthen your case, but managing this evidence correctly is essential. At Berg Injury Lawyers, we know how to obtain and use this footage to strengthen your case.

We will thoroughly investigate your personal injury incident to find all relevant evidence. This can include traffic, surveillance, or dash camera footage to help determine fault and help you win your claim.

Contact us today for a free consultation and to learn about our no fee guarantee — a simple promise that if you don’t win, you pay nothing.

Thanksgiving Burn Accidents and Liability: Understanding Your Legal Options 

by Staff Blogger | November 21st, 2023

When we celebrate Thanksgiving with family and friends, we enliven the values of warmth, thankfulness, and sharing a delicious meal between loved ones. However, with Thanksgiving always comes the risk of burns and other cooking-related mishaps. Safety is a critical prerequisite of enjoying your holiday.

Burn injury accidents can cast a serious pall over the holiday season, whether caused by a scorching oven, a scalding pot of gravy, or an unexpected deep-fryer accident. Get the help you need to navigate these thorny legal situations by working with an experienced burn injury lawyer.

Common Causes of Thanksgiving Burn Accidents

Thanksgiving celebrations can sometimes end in accidents and injuries. The following are some of the most common causes of burn accidents on Thanksgiving:

Burn Injuries from Fires

Every Thanksgiving, according to the U.S. Fire Administration, there are more than 2,400 fires in residential buildings, resulting in scores of burn injuries and millions of dollars of damage. These fires are often caused by careless cooking and improper use of dangerous equipment, such as deep fryers. On Thanksgiving Day, try to keep the kitchen occupied only by individuals who are actively cooking to lessen the risk of burn injuries or home fires.

Oil Burns

Accidents involving deep fryers can result in deadly fires, burn injuries, and fatalities. When heated oil drips over the burner, turkey fryers can start fires.

Cooking Burns

Touching something hot, such as an electric coil on the stove, or failing to remove your skin from contact with a hot surface right away might result in second-degree burns.

Burns Brought on by Alcohol

Alcohol abuse can result in all manner of accidental injuries, including burns. Impaired judgment and coordination increases the likelihood of an accident occurring in the kitchen or near open flames.

How to Prove Liability for Various Burn Injury Types

Because each type of burn injury is unique, there are various ways to determine who is at fault. This is where the skills of a Sacramento injury lawyer can be critical, as they can review your case, identify the root cause of the injuries, and what may be needed to establish liability.

The Value of Consulting a Lawyer to Prove Liability

Liability for a burn injury can be challenging to establish. While a jury trial decides on some of these cases, many disputed injury claims are decided through motion practice before a judge. Some lawsuits are settled in arbitration or mediation. All of these conflict resolution techniques require that the injured party has the support of an experienced attorney aware of the kinds of evidence that will help the case and the kinds of legal arguments that should be laid out in court.

Legal Recourse for Thanksgiving Burn Accidents

If you or a loved one has experienced burn injuries during a Thanksgiving celebration, you might be interested in what legal options are available to you. Here are just a few of the possible legal remedies that may be available to you:

Legal Action for a Personal Injury

If someone else’s carelessness caused your burn injury, you can file an injury claim to pursue compensation for damages. This claim will allow you to pursue compensation for your suffering, missed pay, and medical costs.

Claim for Product Liability

If a deep fryer malfunctioned and caused your burn injury, you may be able to launch a product responsibility claim against the seller or manufacturer.

Demand for Premises Liability

A premises liability lawsuit can be lodged against a property owner if your burn injury happened on someone else’s property, such as in a house fire caused by a careless homeowner.

Gathering Evidence and Documenting Injuries

• Get medical attention immediately, even for minor injuries.
• Keep a symptom notebook and record of all injuries.
• Attend follow-up appointments and abide by your doctor’s orders.
• To gather evidence, take pictures of the accident area and get contact information from any witnesses.
• Keep records of all your medical costs and expenses.
• Hire a skilled personal injury lawyer to learn more about your legal rights and choices.

Seeking Compensation for Damages

You are eligible for compensation if you sustained losses due to a Thanksgiving burn accident caused by someone else’s carelessness. The following types of damages can be pursued:

1. Medical expenses incurred due to the burn injury, such as hospital costs, transportation expenses, and ongoing medical expenses.
2. Lost wages resulting from the burn injury, considering time away from work for healing and medical care.
3. Pain and suffering, such as missed income and medical expenses, long-term effects, and the impact of severe wounds on a person’s psychological and physical wellbeing.
4. Property damage resulting from the burn accident, such as to a home or other personal property.
5. Loss of earning capacity for any future loss of earning potential brought on by the burn injury, i.e., the possibility that the victim won’t return to their old employment or earning potential.

The Benefits of Engaging a Lawyer

Working with an Injury lawyer in Sacramento can prove especially helpful if you have experienced burn injuries. Some of the benefits of hiring a personal injury lawyer include:

• Setting up consultations with expert witnesses, especially those in the medical industry or an accident reconstructionist, to provide information that supports your case.
• Negotiating with insurance companies to secure you fair compensation.
• Representing you in court, if necessary.
• Providing objective opinions on the strength of your case and sharing their extensive legal expertise.
• Providing emotional support by increasing the likelihood that victims will receive fair compensation.

If you have been injured by a burn during a holiday get-together, it is vital that you understand your legal options. Contact us and schedule a time to meet with one of our knowledgeable personal injury attorneys and get the legal guidance you need and the compensation you deserve.

The Dangers of Deep-Frying Turkey: Tips For a Safe Thanksgiving Tradition

by Staff Blogger | November 21st, 2023

Injury Lawyer in Modesto

The age-old tradition of serving turkey for Thanksgiving dinner is here to stay. However, many Americans are ditching the oven for deep-fryers to save time and achieve a better-tasting bird.

Fire departments warn against deep frying turkey because this cooking method can be dangerous. Despite these warnings, many amateur chefs feel the benefits outweigh the risks. Unfortunately, cooking turkey in deep-fryers has resulted in thousands of serious burn injuries and the loss of millions of dollars in property damage over the years.

Our Modesto injury lawyers can help victims recover damages if they have suffered due to someone else’s negligence.

Why is Deep Frying Turkey so Dangerous?

Deep frying involves significant amounts of hot oil, which can cause severe burns. Some of the dangers associated with deep fryers include:

• Oil splatters

Placing a cold bird into hot oil causes splattering. The wetter the turkey, the more the splatter. Splashing occurs because water has a lower boiling point than oil. When the water comes into contact with high heat, it boils and steams instantly, displacing dangerously hot oil.

• Open fires

The average American does not own a deep fryer large enough to cook a whole turkey safely. As a precaution, many fry the turkey outside. and use portable propane tanks and open flame burners. An open flame is a hazard in and of itself. Having hot oil near an open flame only exacerbates the risk of starting a fire.

• Fryers can tip over.

Deep frying pots are built tall to accommodate the rising oil when cooking. This feature, unfortunately, also means they can easily tip over. If this happens, the hot oil inside can cause severe burns or explosions.

• Risks of overheating

Most turkey deep-frying pots lack heat-control thermostats. Temperatures will continue to rise, causing the oil to smoke and easily catch fire.

• High rising flames

Fires caused by deep fryers can rise several feet high. If there are flammable materials close by, property damage may be inevitable.

Despite these risks, some hosts prefer the deep fryer over the oven or smoker. If that’s the case, careful preparations and precautions can be taken to mitigate the risk for the chef and those planning to attend. If the person responsible for the deep fryer fails to take enough care and someone gets hurt, an injury lawyer in Modesto can help the victim prove negligence.

Precautions for Deep Frying Turkey

Below are some necessary precautions that anyone planning to deep-fry a turkey for Thanksgiving should take:

Measure the oil

Before filling the deep fryer with oil, you must decide how high you want the oil. You can measure the level beforehand using cold water. Place the bird into the deep fryer and fill with water until submerged. Next, remove the turkey, ensuring that you drain all the water back into the pot. Mark the water level. Do not add oil beyond this line. Always leave enough room in the fryer for oil to bubble and rise during cooking.

Cook the turkey in an open space.

Placing the deep fryer outdoors is essential because of the high-rising flames and open fire. Avoid cooking beside walls, on wooden decks, or under pergolas and gazebos.

Wear fireproof gloves

You can reduce the danger of burns by wearing gloves to protect your hands. You can also wear long sleeves so splatters do not directly contact the skin.

Keep fire extinguishers nearby.

Keep a working fire extinguisher close by, just in case. Confirm that the extinguisher you have is safe to use with oil fires.

Never deep fry frozen turkey

Ensure the turkey completely thaws before dipping it into the oil. Defrosting can take several hours, depending on the weight of the bird. Deep frying turkey requires preparations ahead of time. You may need to let the bird sit in the refrigerator for over two days to melt all the ice.

Dry the bird before dipping in oil

Pat dry the turkey with a towel to remove as much moisture as possible.

Track oil temperature

Using a thermometer to track the temperature can help prevent overheating. If the oil becomes too hot, it is best to turn the flame off briefly.

Keep watch.

At no time should you leave your deep fryer unattended. Even a few minutes of distraction can cause a devastating accident.

Call 911 in case of a fire.

Do not hesitate to call for help if a fire starts. Firefighters can significantly reduce damages.

Recovering Damages Resulting from Deep Fryer Accidents

You can recover damages from defective fryer manufacturers if their error causes you injuries. A host or property owner who fails to ensure the safety of their guests is negligent and should be held responsible. With a skilled injury lawyer, Modesto residents injured by a manufacturing defect can recover the compensation they deserve.

If you or someone you love sustains injuries in a turkey deep-frying accident and you’re not sure if you have a valid claim, contact an experienced Modesto burn injury lawyer. Our attorneys can assist with identifying the negligent party and filing the claim.

Consider speaking to the experienced lawyers at Berg Injury Lawyers. We don’t charge attorney fees unless you receive compensation.

Protecting Cyclists: An Overview of California’s Three Feet for Safety Act

by Staff Blogger | November 6th, 2023

In California, many cyclists are injured when vehicles tail them too closely. According to the California Office of Traffic Safety, there has been a 60% increase in bicyclist deaths in the last 13 years.

To address this issue, the state introduced the Three Feet for Safety Act in 2014. This regulation mandates drivers maintain a minimum distance of three feet, approximately the width of a car’s passenger-side door, when overtaking cyclists, providing essential safety to bicyclists on the roadway.

Awareness of the legal stipulations and potential repercussions of non-compliance can help reduce accidents, ensuring safer California roads for cyclists. Should you suffer an injury as a cyclist due to a driver not maintaining a three-foot clearance, our team of California bike accident lawyers can assist you in pursuing compensation.

Understanding the Three Feet for Safety Act

The Three Feet for Safety Act has been pivotal in California’s initiatives to reduce traffic collisions involving bicyclists for nearly a decade since its enactment. This act mandates a clear buffer, specifying that space motorists must allow when overtaking a cyclist.

The Act, found under California Vehicle Code 21760, outlines the main actions for drivers when approaching and overtaking a bicycle:

• 21760(b). When overtaking a bicycle on a highway, the driver of a motor vehicle must pass safely, accounting for the vehicle’s size, speed, traffic conditions, weather, and the road’s characteristics.

• 21760(c). Drivers must maintain at least a three-foot distance from a bicycle when overtaking. If another lane is available in the same direction and is safe and legal, the driver should switch lanes before passing the bicycle.

• 21760(d). If road or traffic conditions make the three-foot distance unfeasible, drivers should adjust their speed to be safe and cautious. Passing the bicycle is only allowed when it won’t compromise the cyclist’s safety, considering vehicle sizes, speeds, traffic, and environmental conditions.

The Importance of Safe Passing Distances

Maintaining safe passing distances goes beyond protocol; it can be a life-saving measure for cyclists. When a motor vehicle overtakes too closely, it can lead to dangerous circumstances, such as the cyclist losing their balance, being pushed off the road, or directly colliding with the vehicle. Even without direct contact, the air turbulence from a close pass can unsettle a cyclist, heightening the risk of an accident.

The Three Feet for Safety Act directly tackles these hazards, mandating drivers to keep at least a three-foot gap from bicyclists. This stipulated distance guarantees that cyclists have ample room to navigate securely, sidestep sudden shifts, or evade road obstacles, reducing potential mishaps.

Enforcement and Penalties Under the Act

Upholding the Three Feet for Safety Act is crucial for compliance and fostering safer roads. Motorists who breach this law face legal repercussions, underscoring the gravity of its mandates. The consequences for violating the act encompass:

• $35 base fine plus court costs for violations that do not injure a cyclist
• $220 base fine plus additional court costs for a collision that injured a bicyclist

Beyond the legal ramifications, close encounters can inflict physical and psychological harm on cyclists. Severe injuries or fatalities resulting from close passes can lead to civil lawsuits, allowing the cyclist to seek compensation from the at-fault motorist for medical costs, lost earnings, and emotional trauma.

Practical Safety Tips

Cyclists and motorists should follow safety guidelines to ensure nobody is hurt while traveling. Some practical tips for cyclists and motorists include:

For Cyclists:

• Stay visible. Wear bright or reflective clothing, especially during low-light conditions. Use front and rear lights at night.

• Signal intentions. Use hand signals to indicate turns and stops to motorists.

• Wear protective gear. Always wear a helmet and consider other protective gear like gloves and pads.

• Stay in designated areas. Use bike lanes or paths when available and avoid sidewalks unless permitted.

• Avoid distractions. Don’t wear headphones or use your phone while cycling.

• Follow traffic rules. Obey stop signs, traffic lights, and all other road signals.

For Motorists:

• Stay alert. Always look for cyclists, especially in your blind spots and at intersections.

• Maintain distance. Keep the mandated three-foot distance (or more) when overtaking a cyclist.

• Signal early. Use your indicators in advance to alert cyclists of your intentions.

• Avoid honking. Only use your horn when necessary, as it can startle cyclists.

• Be patient. If overtaking a cyclist is unsafe, wait until it is safe to pass.  

• Check before opening doors. Always check for approaching cyclists before opening your car door.

• Educate yourself. Familiarize yourself with local cycling laws and road-sharing guidelines.

Seek Compensation With Berg Injury Lawyers

The Three Feet for Safety Act was implemented to protect cyclists and promote the safe shared usage of the road; however, accidents can still occur. If a driver’s negligence on the road caused you harm, you have the right to pursue compensation for your injuries.

At Berg Injury Lawyers, our team of bicycle accident specialists is well-acquainted with the obstacles cyclists face on California roads. We will advocate for your rights in an accident case, holding the at-fault driver accountable and assisting you in securing compensation. Contact our team today for a free consultation to start your case.

Happy Halloween! How to Stay Safe While Trick-or-Treating

by Staff Blogger | October 30th, 2023

As the leaves turn orange and pumpkins adorn front porches, the excitement of Halloween fills the air. While Halloween is synonymous with fun costumes, candy, and spooky themes, it’s crucial to remember that safety should never take a back seat.

Halloween is one of the deadliest days of the year for child pedestrians. On October 31, children between 4 and 8 are 10 times more likely to be killed in a pedestrian accident, with the highest risk around 6 p.m. 

To ensure your family has an enjoyable Halloween, here are some practical safety tips for a safe trick-or-treating experience for you and your little ghouls and goblins.

Tips for Trick-or-Treaters

As you prepare to take your little monsters, superheroes, and princesses out for a night of trick-or-treating, safety should be as much a part of your Halloween checklist as costumes and candy bags. Here’s what you can do to minimize the risk of injuries in a pedestrian accident:

• The importance of visibility: When it comes to Halloween costumes, it’s not just about looking fantastic; it’s also about being seen. Dark costumes might seem more on-theme, but they can make you or your child virtually invisible to drivers after sunset.

To mitigate this risk, opt for costumes in bright colors, or add reflective tape to darker outfits. Accessories like glow sticks and flashlights can further enhance visibility, making it easier for drivers to spot you.

• Age-appropriate costumes: When selecting a costume, ensure it is age-appropriate and doesn’t block vision or movement. Masks can limit peripheral vision, and overly elaborate costumes can be hard to walk in, increasing the likelihood of tripping and falling.

Younger children should wear costumes that allow them a full range of motion and use face paint instead of a mask for unobstructed sightlines.

• Well-fitting shoes: No matter how tempting it might be to wear platform boots or witchy heels to complete your outfit, safety should come first. Ill-fitting or uncomfortable shoes can lead to trips and falls, which could result in serious injuries.

• Obeying traffic rules and signals: It’s easy to get caught up in the excitement and forget basic traffic rules. Always use crosswalks, obey traffic signals, and make eye contact with drivers before crossing the street.

• Adult supervision and designated meeting points: Young children should never go trick-or-treating without adult supervision. For older kids who are trick-or-treating with friends, it’s a good idea to establish designated meeting points and check-in times to ensure everyone is safe and accounted for.

• Stick to known routes: When planning your trick-or-treating route, stick to familiar neighborhoods and streets. This reduces the chance of getting lost and ensures you’re in an area where neighbors recognize you.

Avoid poorly lit areas or streets with little foot traffic. If older kids are going without adults, remind them to stay on agreed paths and avoid shortcuts through unfamiliar territory.

• Inspecting treats before consumption: Before diving into that mountain of candy, take a moment to inspect all treats. Check for any signs of tampering, such as tears in wrappers or unfamiliar brands. For younger children, parents should remove any choking hazards like small toys or hard candies.

Tips for Halloween Driving

On Halloween, drivers can also help ensure the safety of pedestrians, especially excited trick-or-treaters. With children often dressed in dark costumes and darting between houses, drivers must exercise extra caution. Here are a few helpful tips:

• Reduce speed in residential areas: With many excited children out and about, driving slowly ensures you have more reaction time to avoid any unforeseen circumstances.

• Activate headlights earlier: Turning on your headlights early helps you see better in the dusk and makes your vehicle more visible to pedestrians.

• Avoid distractions: Keep your phone and other distractions aside, ensuring your full attention is on the road.

• Be vigilant near driveways and curbs: Children might suddenly dart out from these areas, so use extra caution, scanning the area for pedestrians.

• Always yield to pedestrians: Prioritize the safety of people on foot by yielding at crosswalks, unmarked intersections, and stop signs.

• Approach driveways cautiously: When pulling in or out of driveways or retail stores, look out for kids crossing or nearby.

• Never drink and drive: Along with pedestrian accidents, Halloween increases the risk of alcohol-involved accidents. Do not drink and drive — if you drink, plan to stay the night, use a rideshare service, or ride with a sober driver if you consume alcohol.

Have a Spooktacular and Safe Halloween Night

As we celebrate this spooky season, let’s make safety a priority. Taking simple precautions can make a difference in ensuring a happy and secure Halloween experience for everyone.

If you or a family member is injured in a Halloween pedestrian accident, speak to one of our California pedestrian accident lawyers at Berg Injury Lawyers. We can review your claim and help you seek compensation from the negligent party who caused the injuries.

By following our tips, we hope this Halloween offers you and your family a fun, safe evening. Wishing you all a very happy and safe Halloween!

California Construction Sites: A Hotbed for Personal Injury Claims?

by Staff Blogger | August 14th, 2023

With a constant flurry of activity, towering structures, and a chorus of machinery and tools, construction sites can be some of the most dangerous workplaces in California. They represent a complex intersection of human labor, heavy machinery, and high-stakes projects often racing against time. This combination makes construction sites a potential hotbed for personal injury claims.

If you work in construction in California, you have the right to seek compensation if you’re injured on the job. Our construction accident lawyers at Berg Injury Lawyers can help you understand your legal options after an accident and help you recover fair compensation.

Identifying Construction Site Hazards and Risks

According to OSHA statistics, the construction industry accounts for 47.4% of all fatal occupational injuries, with 976 workplace deaths in 2020. In 2021, California saw 81 fatal workplace injuries in the construction sector, with 24 deaths among construction laborers.

Identifying hazards and risks on construction sites involves recognizing potential sources of accidents and injuries. These include fall hazards from scaffolding, ladders, or other elevated platforms, striking hazards from falling tools or machinery, and electrocution risks from power tools and wiring.

Hazards may also arise from improper handling of materials, inadequate safety procedures, and a lack of proper protective equipment. Some common construction site hazards include:

• Slipping and tripping: Many construction sites require workers to operate on uneven or unstable surfaces in and around debris and other obstacles. Falling, tripping, or slipping are among the most common risks for construction workers.
• Falling from heights: Many construction sites use scaffolding, ladders, and other elevated surfaces. However, working at height presents the risk of falling, which can seriously injure or kill construction workers. According to the CDC, fatal falls are the leading cause of death among construction workers.
• Noise levels: Construction sites generally feature a range of equipment that can generate unsafe noise levels. Prolonged exposure to construction noise can cause permanent hearing damage, disturb a worker’s ability to focus, and potentially lead to other injuries.
• Electrical hazards: Construction equipment includes various power tools and devices, often connected with exposed wires and cables. Operating in these environments exposes workers to various electrical hazards, such as exposed power lines, ungrounded equipment, or tool misuse.
• Harmful materials: While construction workers must wear appropriate personal protective equipment (PPE), work sites routinely expose them to harmful airborne particulates, such as concrete and silica dust, lead, wood dust, or asbestos. PPE also protects against struck-by injuries from objects such as nails or wood, but if it is not working or ill-fitting, it places workers at risk of an accident.

Duty of Construction Site Owners and Contractors for Safety

State and federal laws require construction company owners, project managers, general contractors, supervisors, and site property owners to ensure safety on a construction site.

Construction site safety rules and standards in California are defined, taught, and enforced by the California Division of Occupational Safety and Health (DOSH), better known as Cal/OSHA.

The primary responsibility of construction site owners and contractors is to ensure the site complies with all applicable OSHA and Cal/OSHA safety measures. They must also monitor construction sites and minimize or remove safety hazards.

Examples of safety tasks they must perform include providing appropriate PPE, installing code-compliant guardrails to prevent falls, regularly conducting inspections of equipment to ensure they are safe to use, and general cleaning and site organization to remove trip and fall hazards.

Pursuing Personal Injury Claims: Holding Responsible Parties Accountable

If you are injured on a construction site in California, the site owner, contractor, or another party responsible for maintaining safety may be liable for your damages. Additionally, according to the California Code of Civil Procedure (CCP 3294), the state may award punitive damages if the responsible parties’ conduct at the time of the accident was malicious, oppressive, or fraudulent.

Steps to Follow After a Construction Accident

If you suffer injuries on a construction site, follow these steps to preserve your health, safety, and rights.

• Seek medical attention. No matter the extent of the damages or injuries, seek professional medical attention after an accident, even if you don’t feel pain. Many types of construction site injuries, such as concussions from minor falls, are not immediately apparent yet worsen over time if left untreated.
• Keep medical records. Always keep detailed records of your interactions with medical professionals, such as EMTs, doctors, and hospitals. They can prove the full extent of your injuries.
• Report the accident. All construction site accidents in California should be reported to Cal/OSHA, and for serious injuries typically within 8 to 24 hours. Reports ensure your accident is documented, known to the proper authorities, and investigated. If your employer fails to do so, you can visit the Cal/OSHA website to file a complaint with your local enforcement district office.
• Collect evidence. Gather information, witness statements, and photo and video evidence of the accident. These details are critical for building your case and proving your injuries.
• Contact a lawyer. A qualified California construction accident lawyer can represent your rights and interests. They can assist you, provide legal advice, and help you understand your options to file your personal injury claim.

Consult a California Construction Accident Lawyer Today

Berg Injury Lawyers has represented the interests of injured construction workers in Northern California for over 40 years. Our firm is dedicated to providing you with the legal representation, expertise, and compassion you need when you are most vulnerable.

We will handle your injury claim and fight for maximum compensation, letting you focus on healing and rebuilding your life. Contact us today for a free case evaluation.

Steps to Take After a Bicycle Accident in Sacramento

by Staff Blogger | August 7th, 2023

Bicycling in Sacramento can be a convenient and eco-friendly way to navigate the city. However, accidents can happen, and taking immediate action is crucial to protect your rights and well-being. According to the California Office of Traffic Safety, bicyclist deaths have increased by 60% since 2010, with 45 deaths in Sacramento County between 2017 and 2021.

As you head out on your bicycle to enjoy the sunny weather and engage in outdoor activities, you can prevent an accident by knowing how to ensure your safety and what steps to take after a cycling accident in Sacramento.

Seek Medical Attention

When you’re involved in a bicycle accident, the first step is to prioritize your safety and well-being. Do the following after your accident to preserve your rights and get the necessary medical attention:

• Move to a safe location: Immediately after the accident, relocate yourself and your bicycle to a secure area off the road. This action prevents further harm from passing vehicles and allows you to assess your injuries without additional risks.

• Seek medical attention: Regardless of the severity of your injuries, seek medical attention promptly. Even seemingly minor injuries, such as bruising or a concussion, can have underlying complications that only a medical professional can properly diagnose.

• Document your injuries: While receiving medical care, thoroughly document your injuries. Take photographs of visible injuries such as bruises, cuts, or abrasions. These visual records serve as valuable evidence when building your case. Additionally, note any symptoms, pain levels, or limitations you experience due to the accident. This documentation supports your compensation claim.

• Keep all medical records: Retain copies of all medical records, bills, and receipts for your treatment. Your attorney will use these records to help you file a compensation claim for medical expenses or other damages resulting from the accident. Organize them in a secure place for easy access during the legal process.

Gathering Essential Evidence for the Accident

After ensuring your safety following the bicycle accident, gather as much evidence as possible from the scene. This can strengthen your case when pursuing a personal injury claim. To adequately document the incident, do the following:

• Capture the scene: Use your smartphone to take photographs or videos of the accident scene. Focus on capturing visible damage to your bicycle, other vehicles involved, or any hazardous conditions present. These images serve as crucial evidence when determining liability and demonstrating the extent of the damages.

• Obtain contact information: Collect contact information from all involved parties, including drivers, pedestrians, and witnesses. Their testimonies may provide valuable insights into what happened during the accident. Record their names, phone numbers, and addresses to facilitate future communication.

• Document relevant details: Pay close attention to and document important details such as road conditions, traffic signals, weather conditions, and any other factors that may have contributed to the accident. These details help establish the circumstances surrounding the incident and assist in determining fault.

• File a police report: It is crucial to report the bicycle accident to the Sacramento Police Department or local law enforcement. Contact them immediately and provide all relevant information about the incident. A police report serves as an official record of the accident, which proves valuable when dealing with insurance companies or pursuing legal action.

Protecting Your Rights After the Accident

Taking immediate steps to safeguard your rights following a bicycle accident lets you seek compensation from the driver who caused your injuries. A skilled bicycle attorney from Berg Injury Lawyers can review the evidence in your case and help you file a claim with the negligent driver’s insurance.

Our attorneys know Sacramento traffic and bicycle laws and will guide you on your legal options after a collision. If the driver’s insurance company refuses to settle for a fair amount to cover your injuries, we will represent you in a personal injury lawsuit. This can help you win damages to cover medical bills, lost earnings, and pain and suffering.

Call Our Bicycle Accident Attorneys in Sacramento

If you or a loved one has been involved in a bicycle accident in Sacramento, seek legal representation from an experienced California bicycle accident attorney. At Berg Injury Lawyers will fight to protect your rights and pursue the compensation you deserve.

Contact us today for a free consultation and let us help you navigate the legal process while you focus on your recovery.

The Impact of Social Media on Your Personal Injury Claim

by Staff Blogger | July 31st, 2023

Social media has become an integral part of many people’s daily lives. Platforms such as Facebook, Instagram, Twitter, and Snapchat provide users with an avenue for self-expression, sharing updates about their activities, health, and emotions.

The prevalence of social media means that information is readily shared. However, this can have unintended consequences if you are involved in a personal injury claim. Insurance companies and defense attorneys often use social media platforms to gather evidence and challenge the legitimacy of victims’ claims.

Understanding the potential impact of your social media posts on your case and working with a California personal injury attorney to represent your interests can help you receive the compensation you’re owed after an accident.

The Power of Posts: How Social Media Can Undermine Your Claim

Defense attorneys and insurance companies may seek to undermine a personal injury claim by using social media posts that depict you engaging in activities or expressing sentiments that don’t align with your claimed injuries and damages.

For example, you claim to have suffered a debilitating back injury in a car accident, but your social media accounts showcase pictures or videos of you participating in sports or strenuous activities. This can cast doubt on the severity of your injuries.

Even an innocent post can undermine your claim and affect the outcome of your case. For instance, a post such as – “Just had an amazing workout at the gym! Feeling stronger than ever! 💪 #FitnessGoals #NoPainNoGain” – can be presented as evidence that your physical condition is not as serious as you report it to be, potentially reducing your compensation.

Posts about traveling or engaging in leisure activities can also be used to argue against your assertions of emotional distress or the accident’s impact on your daily life. For example, if you claim to have developed severe anxiety or post-traumatic stress disorder (PTSD) following a traumatic incident, but you post – “Having the time of my life exploring beautiful destinations! ✈️✨ #Wanderlust #TravelAdventures” – the defense may argue that you aren’t suffering emotional distress after the incident.

Legal Considerations: Discovery Rules and Privacy Laws

While adjusting privacy settings can provide some control over who can access social media content, it is essential to recognize that even with strict privacy measures in place, anything posted online can potentially be uncovered and used in a lawsuit.

The legal principles surrounding using social media content in legal proceedings revolve around discovery rules and privacy laws. Discovery is a legal process that allows parties involved in a lawsuit to obtain relevant information and evidence from each other.

Courts generally allow the discovery of social media content if it leads to admissible evidence. This means that if the content on social media is relevant to the case, it can be requested and potentially used as evidence, regardless of privacy settings.

Best Practices for Social Media Use During a Personal Injury Claim

To protect the integrity of your personal injury claim, adopt some of these best practices for social media use:

• Limit your posts: Limit your social media activity while your personal injury claim is ongoing. Avoid posting about the accident, your injuries, or any activities that could contradict your claims. Also, ask your friends not to tag you in any post while your claim is pending because it could harm your case. 

• Be wary of friend requests from unknown individuals: Exercise caution when receiving friend requests from unknown individuals during your claim. Insurance adjusters, defense attorneys, or their representatives may attempt to gain access to your social media content by posing as someone else.

• Consult with an attorney before sharing claim-related posts: Your attorney will have the expertise to help you navigate the legal complexities and ensure you don’t inadvertently harm your case. Consulting with your attorney before sharing any information can help safeguard your rights and strengthen your position in the claim.

Protect Your Right to Compensation With Berg Injury Lawyers

If you or a loved one have been involved in an accident and are seeking compensation in a personal injury claim, speak with our attorneys at Berg Injury Lawyers and learn how we can support you throughout the process.

Our experienced lawyers understand the intricacies of social media and its implications for your case. We can advise you on protecting your privacy, avoiding damaging your credibility, and ensuring that your online presence aligns with your claim. Contact us today for a free consultation.

Common Violations of California Trucking Regulations That Lead to Accidents

by Staff Blogger | July 21st, 2023

With hundreds of trucks passing through its highways daily, California is a major transportation center. Despite efforts to prevent them, truck accidents continue to happen, often resulting in severe injuries and fatalities. Sacramento, which is California’s capital city, is an inclusion in this pattern. The state has developed trucking regulations as part of an effort to ensure the safety of truck drivers and other road users.

Acquiring the services of an experienced Sacramento truck accident attorney means you will not be left to deal with the aftermath of this potentially devastating life event on your own. You have a right to restitution, justice, and safety from possibly fatal effects, regardless of what caused your injury.

Overview of Common Violations

Truck accidents are a significant cause for concern because they frequently result in fatalities or catastrophic injuries.

California has enacted severe restrictions on the trucking industry in an effort to safeguard public safety on the road. Let’s explore the most common causes of truck accidents, and the steps truck accident lawyers take to resolve them.

Overloading

State and federal rules impose weight restrictions on trucks. These rules differ based on the kind of cargo, truck size, and the number of axles on the vehicle. A serious overloading violation will push a truck beyond its weight limit, causing accidents.

An overloaded truck requires a longer stopping distance, provides less stability, and causes poorer vehicle handling. Overloaded trucks are more likely to experience brake failure, tire blowouts, and other technical issues. These trucks can also put too much strain on the road itself, which raises the danger of accidents for other drivers. Overloading violations result from truck drivers’ poor training or a desire to increase profits.

Distracted Driving

In trucking, distracted driving is a big problem that results in dangerous car accidents. Distracted driving is any activity that causes a driver to temporarily or permanently divert their attention from the road.

Because of how much time truck drivers spend on the road, distracted driving is a serious risk. Drivers can get tired or bored, causing them to act in a distracting manner.

Common distractions on the road include:

• Driving while texting or using a mobile device.
• Operating a GPS or other technological device while operating a vehicle.
• Drinking or eating while driving.
• Operating radios and other entertainment systems.

With the assistance of a reputable truck accident attorney, Sacramento residents can regain a sense of security and comfort and find a path toward obtaining the compensation they deserve.

Hours-of-Service Violations

Federal restrictions termed hours-of-service (HOS) regulations limit how long truck drivers are allowed to operate commercial vehicles. The Federal Motor Carrier Safety Agency (FMCSA) developed these regulations to prevent driver weariness, which is a major factor in truck accidents.

HOS standards specify a maximum number of driving hours, as well as required rest times. Fatigued motorists have slower reaction times, poorer judgment, and greater difficulty in making sound decisions. All of these conditions will increase the risk of mistakes and mishaps. Drivers who violate HOS standards put both themselves and others at a greater risk of collision.

Poor Vehicle Maintenance

Road safety is mainly dependent on truck maintenance. The California Highway Patrol (CHP) enforces strict vehicle maintenance guidelines. According to California law, commercial vehicles must undergo an inspection at least once a year and every 90 days for those operating under hazmat permits. During these inspections, tires, brakes, lighting, and other car parts are checked to see if they are in excellent operating order.

Accidents involving trucks are often caused by poor vehicle maintenance. Tire blowouts, braking failures, and other mechanical issues can occur when routine maintenance is neglected.

Driving Under the Influence

Another significant problem in the transportation sector is driving while intoxicated. A driver’s ability to properly operate a commercial vehicle can be impaired by even a tiny amount of alcohol or drugs, putting themselves and other drivers in danger.

All drivers, including those operating commercial trucks, are subject to California’s stringent DUI laws. Drivers in California are considered to be intoxicated while operating a vehicle if their blood alcohol content (BAC) is 0.08 percent or greater, conferring to state rules and regulations. The BAC limit for commercial truck drivers should be 0.04%.

Given the legal statutes governing commercial vehicle operation, it is prohibited for truck drivers to operate such vehicles while under the influence of any substance. This includes not only marijuana and prescription drugs but any other intoxicating agent.

Driving while intoxicated is particularly risky in trucking since huge trucks need more space and time to stop than cars. A truck driver’s reaction time and judgment will be distorted by consumption of alcohol or other drugs, leading to catastrophic accidents.

When a California trucking regulation violation has lead to an injury, a truck accident attorney in Sacramento will provide the necessary legal advice and advocacy, fighting tirelessly to get justice and compensation for victims.

Seek legal assistance immediately if you or someone you love has been in a truck accident. Take action to get the compensation you’re entitled to. Contact a Sacramento truck accident attorney at Berg Injury Lawyers to discuss your options and protect your rights. Our experienced attorneys will work hard to ensure fair compensation for your injuries.

What is Personal Injury Protection (PIP) Insurance?

by Staff Blogger | July 21st, 2023

Accidents can happen to anyone, anywhere, at any time, and the injuries can negatively impact one’s physical health and financial situation. After an accident, medical and other associated costs can quickly pile up, placing a heavy financial burden on the victim. Personal injury protection (PIP) insurance is helpful in such accident occurrences.

Definition and Coverage of PIP Insurance

PIP is a category of insurance that covers accident-related compensation and relieves the financial burden of recovery for people who have been injured due to the negligence of others.

In a contrast to traditional auto insurance, PIP insurance covers you and your passengers’ medical expenses regardless of who was at fault. PIP insurance also pays for other costs associated with accidents, such as child care, cleaning services, and travel costs.

Navigating into the details of PIP insurance can be daunting. With the support of an experienced personal injury lawyer, Sacramento residents can feel confident that they will have the backup they need to proceed through the insurance claim process.

PIP Insurance Requirements in California

Drivers in California are obligated to have car insurance that complies with the legal minimum liability standards. Although PIP insurance is not mandatory in California, insurance companies must make it available to drivers. California law requires drivers who opt out of PIP insurance to sign a waiver stating their choice.

Exceptions to California’s PIP Insurance Requirements

California’s PIP insurance regulations have various exceptions. You may be eligible to forego your PIP coverage if you have health insurance that pays for injuries sustained in car accidents. However, your auto insurance company will need proof of your health insurance. Drivers who operate their vehicles for profit, such as ride-share drivers, are also ineligible for PIP coverage. A personal injury lawyer in Sacramento can help you determine whether you can forego PIP coverage.

Filing a PIP Claim

You must submit a claim with your insurance provider to receive compensation if you have a PIP policy and are in an accident. The following information is usually required to file a claim:

• Your name, address, and insurance policy number.
• The time and place where the incident occurred.
• Details on the drivers involved.
• A description of what happened and any injuries suffered.
• Costs associated with medical treatment and additional charges.

Common Issues Faced When Filing a PIP Claim

The process of filing a PIP claim may appear straightforward, but there are some common issues that victims may need assistance with to secure their compensation. These issues include:

• The claims process taking too long.
• Disputes regarding the cause or seriousness of injuries.
• Difficulties in proving lost wages.
• Claims being rejected due to insufficient evidence.

To avoid these issues and resolve any differences between you and your insurance provider, you must record your injuries and expenses accurately. With the help of a knowledgeable personal injury lawyer in Sacramento, clients can gain a better understanding of personal injury protection (PIP) insurance policies. This ensures you receive all the benefits you are entitled to following an accident, while also receiving critical support during a difficult time.

Benefits of PIP Insurance

Here are some advantages of personal injury protection (PIP) insurance policies and how they might help accident victims and their families.

Medical Expenses Covered by PIP Insurance

PIP insurance pays for all accident-related medical costs and helps relieve some of the financial burdens. Hospital stays, medical visits, prescription medication, and therapy sessions are all covered by PIP insurance. This policy is beneficial if you lack health insurance or if your health insurance doesn’t cover injuries from car accidents.

Wage Loss Benefits Provided by PIP Insurance

PIP insurance provides wage loss compensation if your accident prevents you from working, which can help you replace any lost income. Those who depend on their wages to make ends meet and support their families need this insurance most of all. The policy includes wage loss payments for a set period, often up to a maximum amount as specified in your policy.

Funeral Expenses and Survivor Benefits

In the tragic event of a fatal accident, PIP insurance assists the deceased’s family with burial costs and survivor benefits. This premium supports the family during a trying time and lessens the financial strain of funeral costs. A survivor’s compensation could include payment for lost wages and other expenses incurred following the death of a loved one.

PIP insurance covers the driver and any passengers in the car at the time of the accident. This coverage may be significant for those who carpool or families with children.

PIP insurance provides victims’ families with comfort. It can also reduce the anxiety of having to deal with a car accident. If you have PIP insurance, you won’t have to stress about covering your medical costs as you recover and return to your regular activities.

With an experienced Sacramento personal injury lawyer, you will relax knowing that you have a tenacious defender fighting for your rights and securing the maximum compensation your personal injury protection (PIP) insurance policy allows.

Conclusion:

Are you struggling to understand the complexities of the PIP industry? Don’t allow your injuries and medical expenses to mount. Get legal assistance from Berg Injury Lawyers.

Our expert attorneys specialize in PIP insurance disputes and will help you get the money you deserve. If you’ve been injured in a car accident, a slip and fall, or something else entirely, contact us for help.