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What Kind of Accidents Can You Sue For?
| March 1st, 2023
Every year in the United States, more than 200,000 people die from unintentional injuries, and a countless number of others are injured but survive. According to the CDC, the most common types of unintentional injuries that result in deaths every year are falls, car accidents, and unintentional poisonings.
But among those who survive accidents, many are left with serious and debilitating injuries, as more than 24 million people visited emergency rooms last year because of unintentional injuries.
When these accidents are caused by another person’s negligence or wrongdoing, the law provides that injured people are legally entitled to recover compensation for their injuries. Our team of Sacramento accident attorneys at Berg Injury Law has been assisting injured Californians for more than 40 years in seeking justice.
Top 10 Most Common Types of Accidents Leading to Litigation
Legally speaking, an accident victim can generally file a lawsuit for any type of accident that is caused by another person’s negligence. At Berg Injury Law, we represent victims who have been injured in accidents of all kinds, and in this blog post, we’ll discuss some of the more common types of cases that we handle.
1. Negligence
Negligence is when a person behaves in any manner that is not reasonable or is otherwise unsafe. When negligence causes an injury, the negligent person can be held legally liable for paying for the other party’s injuries. Negligence actions are by far the most common personal injury lawsuits, as car accidents, products liability cases, and many other accidents arise from negligent conduct. Our accident attorneys in Sacramento have filed a countless number of negligence lawsuits in the past 40 years.
2. Intentional Behavior
In addition to negligence, intentional injuries can also give rise to litigation. These cases can arise from physical injuries and economic injuries. The most common intentional behavior cases include defamation, sexual assault, fraud, and battery.
3. Medical Malpractice
Medical malpractice occurs when a patient is injured due to a healthcare provider’s negligence. These cases can arise from missed diagnoses, wrongfully performed procedures, improperly prescribed medications, and any other aspect of healthcare. Winning a malpractice case requires an accident attorney and plaintiff to show that a medical provider acted in a way out of accord with a recognized standard of care or practice.
4. Hazardous Drugs and Substances
Hazardous medications can cause serious and permanent injuries that can affect a person’s quality of life forever. Whether those injuries were caused by a doctor who improperly prescribed the medication, or a manufacturer who failed in creating the drug, these cases often give rise to lawsuits.
5. Dog Bites
Dog owners have a duty to ensure that their dogs are secured in a manner which protects innocent passersby from attack. If a person is injured by a dog that they do not own, that injured person may be able to file a lawsuit against the owner of the dog.
6. Car Accidents
Car accidents are some of the most common personal injury lawsuits. Even though they are routine, these cases should still be handled by an experienced attorney who is unafraid to take on insurance companies. In almost all car accident cases, the other driver’s insurance company pays damages, and they hire expensive lawyers to get off the hook for as little money as possible. When dealing with one of our accident attorneys, Sacramento car accident victims can rest assured that we won’t back down from insurance companies.
7. Premises Liability
Premises liability cases are often referred to as slip and fall cases, as they usually arise from fall injuries on public property. But in addition to slips and falls, premises liability cases can arise from all kinds of injuries sustained on public property. Other examples include negligent security claims, hazardous conditions, and vicarious liability cases.
8. Defective Products
Lawsuits involving defective products can be brought against either the seller of the product, the manufacturer of the product, or the distributor of the product, depending on the specific facts of a case. Either way, when an innocent victim is injured due to a defective product, they have the right to seek compensation for their injuries.
9. Workplace Accidents
Jobsite injuries are usually preventable, as laws and safety regulations exist to protect workers from injuries. When these safety regulations are not followed, dangerous conditions exist that can cause injuries, and more importantly, give rise to a lawsuit.
10. Wrongful Death
In the worst accident cases, the victim loses his or her life. As previously stated, more than 200,000 people die from accidental deaths every year in the United States, and many of those deaths are caused by another person’s negligence or wrongdoing. In those cases, a deceased victim’s surviving family members may be able to recover compensation for the loss of their loved one by filing a wrongful death lawsuit.
Let Berg Injury Lawyers Help You Get Justice and Peace of Mind
At Berg Injury Lawyers, we’ve been seeking justice for California families for more than 40 years. We’re proud to offer free, no-risk case consultations to any prospective client looking for more information about a personal injury lawsuit.
Get in touch with us today to make an appointment to speak with a member of our team.
What Are California’s Right-of-Way Laws?
| May 30th, 2022
Right-of-way laws keep drivers and pedestrians safe on the roads. These rules outline who has the right-of-way in various circumstances to prevent car accidents and ensure everyone understands their responsibility when driving or walking on the street.
Familiarizing yourself with California’s right-of-way laws can help you avoid accidents and identify when someone else isn’t following the rules. If you are injured in an accident caused by a right-of-way-violation, you may have the right to seek compensation for your injuries with the help of a car accident attorney from Berg Injury Lawyers.
Pedestrian Right-of-Way Laws
In California, pedestrians always have the right-of-way. This includes skaters, skateboarders, and people using wheelchairs. If you are injured as a pedestrian due to a right-of-way violation, you can work with a personal injury attorney from Berg Injury Lawyers to seek compensation.
Crosswalks
California law requires drivers to stop for pedestrians when they are in or entering a crosswalk. Drivers must keep the pedestrians’ path clear and allow five feet between their vehicle and the crosswalk.
Sidewalks
Drivers must also yield the right-of-way to pedestrians on sidewalks. When entering or exiting driveways or alleys, drivers must ensure the area is clear of pedestrians. They must look for people walking behind or in front of their vehicles before entering or exiting the area.
Driver Right-of-Way Laws
There are several right-of-way laws to help keep motorists safe on the road. These include rules about traffic signals, yellow and red lights, and traffic signs.
Traffic Signals
Functioning traffic signals and signs make the proper right-of-way clear to all drivers and pedestrians. Drivers must follow traffic signals and yield the right-of-way as dictated by the appropriate traffic signal color or direction, such as a turn arrow.
Flashing yellow light
A flashing yellow light calls on drivers to move with caution through the intersection. Drivers should slow down and observe cross streets when approaching a flashing yellow light.
Flashing red light
Flashing red lights are equivalent to a stop sign. Drivers need to stop at the intersection and yield to the traffic on the intersecting road.
Traffic signal is out of order
If the traffic signal isn’t working, you should treat the intersection as if each direction has stop signs. When multiple vehicles arrive at the intersection simultaneously, every driver yields the right-of-way to the vehicle to their right.
Traffic signs
Two signs determine which driver must yield the right-of-way to others. When approaching a yield sign, drivers must reduce their speed, use caution, and allow vehicles on the intersecting road the right-of-way.
A stop sign requires drivers to stop their vehicles completely and allow the cars on the intersecting road to pass. If multiple vehicles approach an intersection with a four-way stop simultaneously, the vehicle to the right maintains the right-of-way after coming to a complete stop.
Driving Maneuver Right-of-Way Laws
Right-of-way laws direct drivers on maneuvering when making left-hand turns or entering and exiting roundabouts. They also direct drivers’ actions in parking lots and yielding right-of-way on mountainous roads.
Making a left-hand turn
Drivers making a left-hand turn at an intersection with a traffic signal must wait for the light to turn green. The driver must yield the right-of-way to any oncoming traffic before making the turn if there is no left-turn arrow light.
However, they should wait for it to turn green if there is a left-turn light. If a driver intends to make a U-turn, they must yield the right-of-way to vehicles turning right in front of them.
Roundabouts
When approaching a roundabout and preparing to enter, drivers must yield the right-of-way to vehicles in the roundabout. Once in the roundabout, drivers do not need to allow other vehicles into the roundabout. Allowing vehicles to enter the circle while in a roundabout can confuse other drivers and increase the chance of an accident.
Parking lots
In California, the driver who is in the flow of traffic is the one with the right-of-way. You have the right-of-way over drivers pulling out of feeder lanes and parking spots if you are in the main lane. Feeder lanes have the right-of-way over cars pulling out of parking spaces.
Right-of-way laws on mountain roads
Mountain roads present different circumstances to be aware of when driving in California. If a driver meets an oncoming vehicle where neither car can pass on a steep roadway, the vehicle facing downhill must yield the right-of-way.
If the road is too narrow, the downward-facing car needs to reverse so that the other may pass.
Obtaining Compensation for a Right-of-Way Accident
When another driver fails to follow these right-of-way regulations, they can cause severe injuries to other drivers. If you’ve been injured in a right-of-way violation accident, contact Berg Injury Lawyers today to help you pursue a fair settlement for your injuries.
A skilled attorney can help you navigate California’s right-of-way laws and pure comparative fault doctrine. This doctrine awards damages based on the percentage of negligence, so having an experienced legal team can help you prove the other driver had a high percentage of fault to maximize your settlement.
Seek Legal Counsel with Berg Injury Lawyers
If you get into an accident where the other driver violated the right-of-way laws, you have the right to seek compensation for the damages you have suffered. Contact the experienced California car accident lawyers at Berg Injury Lawyers to boost your chances of receiving fair compensation for your injuries.
Contact our law firm for a free case evaluation today.
Dealing With Renal Trauma After a Car Accident
| December 27th, 2021
Car crashes lead to serious injuries and fatalities every year. In the first half of 2021, 20,160 people died on the roads in the US.
According to a Forbes report, over 2 million people are injured in motor vehicle accidents every year. In 2010 the average claim for injuries for those involved in crashes was over $23,000, due partially to increasing medical costs.
Among the serious injuries caused by car accidents is renal trauma. The results of these injuries can be life-threatening or life-altering, such as internal bleeding, kidney failure, and lifelong medical treatment.
What Is Renal Trauma?
Simply defined, renal trauma is when an exterior force injures a kidney. Although the kidneys are well protected by the ribcage and back muscles, damage may be caused by either blunt or penetrating trauma.
Blunt trauma is an impact that doesn’t break the skin but still causes damage to the kidney. Penetrating trauma is where the damage is caused by the object passing through the skin and entering the body.
Any kind of renal trauma may prevent a kidney from working correctly and carries the potential to be serious.
The kidney’s main purpose is to act as the body’s filter. It keeps us healthy by:
- Regulating blood pressure and red blood cells counts
- Removing waste through our urine
- Maintaining fluid balance
- Maintaining electrolyte levels
When the kidneys are damaged, these functions may be compromised, causing the body serious problems. In some cases, the accident victim may require dialysis.
How Does Renal Trauma Happen in a Car Crash?
The kidney is the most common injured urinary tract organ in serious trauma cases. Renal blunt trauma may be caused in car accidents by an impact with any part of the vehicle’s interior, such as door handles or controls.
It may also occur when the body is jolted after being propelled forward quickly. Children are particularly vulnerable to this type of injury in a car crash.
Penetrating trauma may be caused by an object entering the body. This can be a part of the accident victim’s car, the other driver’s car, or another piece of debris involved in the crash.
Renal injuries are categorized on a 5-grade scale. Minor injuries such as bruising are grade 1. Grade 5 is the most serious, such as where the kidney is no longer connected to the body’s blood supply.
How Serious Are the Effects of Renal Trauma?
Suffering renal trauma can have an impact on your overall health. Possible symptoms of renal trauma include:
- Painful bruising to the abdomen
- Internal bleeding
- Increased heart rate
- Dizziness, or fainting
- Severe pain in the abdomen, made worse with movement
Treatment for minor renal injuries might include hospital rest until there is no blood in the urine. After leaving the hospital, the accident victim will have to stay alert for continued bleeding and high blood pressure.
Surgery is sometimes necessary when there’s a significant blood loss or the kidney is badly damaged. If the damage is too severe and the surgeon cannot save the kidney, they may opt to remove it.
The cost of kidney injury treatment in hospitals is substantial. A report by the Society of Hospital Medicine in 2017 found that acute kidney injury patients’ hospital costs were greater than those with heart attacks and were comparable with patients suffering from pancreatitis or strokes.
Medical costs incurred by rental trauma are a difficult financial burden at a very distressing time.
What to Do If You’re Injured in an Accident
If you sustain injuries in an auto accident you need to gather as much evidence as possible to support your claim for compensation. The information you need includes:
- Photographs of the accident site, your injuries, and damage to the vehicles
- The names and contact information of independent witnesses
- The other driver’s insurance details, license number, name, and address
- Notify your insurance company
- However minor your injuries may seem, visit your doctor as soon as possible so there’s an official medical history
If you have been seriously injured in the accident you may be unable to collect this evidence yourself. When you hire a personal injury lawyer, they can gather this vital information on your behalf.
Talk to a Car Accident Lawyer About Your Injuries
Serious injuries like renal trauma can cause severe and ongoing financial problems for accident victims. You need California car accident lawyers to protect your legal rights so you can receive the long-term healthcare you require without worrying about how to pay for it.
Contact Berg Injury Lawyers to arrange a free consultation to discuss the details of your case. With our NO fee Guarantee, you don’t pay any legal fees unless you win your case. Learn how we can help you recover the damages you are entitled to for your injuries.
