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PERSONAL INJURY BLOG IN SAN FRANCISCO & MARIN COUNTY

By James Rush 22 Jun, 2017

If you have been injured in a truck accident, you may be entitled to compensation for your medical expenses, lost wages, pain and suffering, and more. But, in order to pursue a personal injury claim, you will need to determine who is liable. There are many parties that could be held liable for truck accidents, including:

Truck Drivers

Truck drivers may be held liable under certain circumstances. For example, if the accident was caused by driver error, or was due to the driver being distracted or under the influence of alcohol, he may be held liable for any injuries that occurred as a result.

Truck Companies

Trucking companies can be held liable for a number of reasons. First, if the trucking company did not properly train the driver prior to sending him on the road, the company may be partially liable. Companies can also be held liable if they fail to adhere to federal trucking regulations. For example, if the accident occurred because the company failed to properly inspect the vehicle, or because the driver was overscheduled and tired, the company may be liable for your injuries.

In most cases, the company will be held liable even if the accident was entirely the driver’s fault. This is because of the legal doctrine known as “ respondeat superior ,” which means “let the superior answer.” Under this doctrine, employers are typically held responsible for their employees’ actions as long as the employee is performing his job duties at the time of the accident.

Manufacturer

Some accidents are caused by defective parts. If a malfunctioning part causes an accident, the manufacturer of the defective part could be held liable. For example, let’s say the truck’s brakes fail and the truck collides with a vehicle because the driver is unable to stop. If it is determined that the brakes malfunctioned because of a design or manufacturing defect, then the manufacturer may be liable.

Cargo Loader

Whoever loads the cargo on the truck must ensure that the weight of the cargo is evenly distributed. If it’s not, the driver may not be able to control the truck. The shipper or company that loads the cargo onto the truck may be held liable if the accident was caused by cargo that was not loaded properly.

It’s important to note that more than one party may be liable, which makes these cases even more complex. Luckily, a personal injury attorney can investigate the accident to determine who should be held responsible for your injuries.

If you have been injured in a truck accident, get in touch with a personal injury attorney right away. James Rush at Rush Injury Law will investigate the cause of the accident to identify the liable parties. Then, he will fight tirelessly to help you recover the compensation you deserve. Contact us today by calling 415-897-4801 or filling out the online form on our website www.rushinjurylaw.com to request a free consultation.

By James Rush 20 Jun, 2017

There are over 415,000 truck accidents every year, and about 20% of these accidents involve injuries. Unfortunately, the number of truck accidents has increased by about 20% over the last two decades. This is a disturbing trend, and one that should not be ignored. Why do these collisions occur? Here are some of the most common causes of truck accidents:

Driver Fatigue

Many truck drivers are paid by the mile, which means they may push themselves to drive further even when they are feeling tired. Federal regulations limit the number of hours that truck drivers can spend behind the wheel per day, and put rules in place regarding breaks. However, these regulations are not enough to prevent truck accidents caused by the driver’s fatigue.

Distracted Driving

Truck drivers spend hours and hours on the road, so at some point they may become restless and start to distract themselves with a cell phone or radio. Truck drivers can also become distracted by adjusting their GPS system, eating, or drinking while behind the wheel. Any type of distraction is dangerous and could lead to an accident with serious injuries.

Driver Error

Anyone can make a mistake—even a truck driver. If a truck driver makes a driver error, he may accidentally collide with another vehicle. For example, truck drivers can cause accidents when they make wide turns, fail to brake in time, or change lanes without checking their blind spots. Some of these errors could be caused by lack of training , but others may simply be a judgment error.

Improper Loading

Cargo must be loaded into the truck in a certain way so the weight is evenly distributed. If the person who loads the cargo fails to do so properly, the truck driver may have trouble controlling the truck. He may swerve back and forth or jack knife as a result of the uneven distribution of weight.

Irregular Maintenance

Trucking companies are required to regularly inspect their trucks to ensure there are no safety issues. If a safety issue is discovered, the truck cannot be sent on the road until it has been repaired. However, some trucking companies do not follow these rules. Instead, they choose to save time and money by sending trucks that have not been inspected out on the road. If a trucking company fails to spot a potential problem, such as worn down tires, an accident could occur as a result.

If you have been injured in a truck accident, a personal injury attorney can help you determine the cause of the accident so you know who is liable for your injuries. Contact personal injury attorney James Rush at Rush Injury Law as soon as possible following a truck accident. You can schedule a free consultation to discuss your case by calling 415-897-4801 or filling out the online form on our website www.rushinjurylaw.com .

By James Rush 16 Jun, 2017

You may be in shock in the moments following a dog bite as you try to figure out what happened and how badly you are hurt. There are certain steps that you should take immediately following a dog bite to protect yourself and help you possibly recover compensation for your injuries in the future. Here’s what to do:

1. Find the owner

Try to find the owner of the dog as quickly as possible so you can ask for his contact information. You should also ask the owner whether the dog has been vaccinated. If you cannot find the owner, or if the owner is not clear as to whether the dog has been vaccinated, you will need a rabies shot right away.

2. Call for help

You should immediately call for help if a dog has bitten you. Even if you think your injuries are not severe, it’s best to seek medical attention right away. Why? Dog bite injuries often start as minor wounds, but can quickly become infected if they are not treated properly. In fact, it is estimated that infection occurs in between 10-15% of dog bites . To avoid this complication, seek treatment right away if the bite has punctured your skin.

3. Document your injuries

You may be entitled to compensation for your injuries, but you have to prove that they exist first. Take photographs of the injuries and keep a journal so you can write down the symptoms that you experience everyday during your recovery. Be sure to hold onto all of your medical records and receipts for anything that you have had to pay for that is related to your injuries, such as prescription medication or medical care.

4. Report the bite

Contact the city or county that you live in to file an official report of the incident. Local authorities collect dog bite data to track trends and investigate whether the dog has transmitted rabies to the victim. Reporting the bite will also provide you with more proof that the incident occurred if you decide to file a personal injury claim.

5. Contact an attorney

California has a strict liability rule in regards to dog bites, which means the owner is held liable in most cases. Contact an attorney as soon as possible following the incident to discuss your case and determine whether you should move forward with a personal injury claim. It’s imperative that you contact an attorney immediately following a dog bite so he can begin determining liability, gathering evidence, and helping you document your expenses.

If you have been injured by a dog bite, there’s no time to waste. Get in touch with personal injury attorney James Rush at Rush Injury Law right away so he can begin investigating the case and helping you recover the compensation you deserve. Request a free consultation by calling 415-897-4801 or filling out the online form on our website www.rushinjurylaw.com
By James Rush 15 Jun, 2017

If you are filing a personal injury claim to recover compensation from the negligent party, you may be wondering what may happen next. There’s no way to say for certain how your case will end, but here are all of the possible outcomes of a personal injury claim:

Dropped Case

Sometimes, the plaintiff changes his mind and decides not to move forward with the case at all. If you decide to drop your case, you are giving up the possibility of recovering compensation for your injuries.

Pre-Trial Settlement

It’s estimated that 95% of personal injury cases never go to trial. Instead, these cases are settled outside of the courtroom through negotiations between the attorneys. Defendants who know they are liable for the injuries will typically attempt to settle out of court to avoid the cost of a trial. The plaintiff will sign an agreement that states he will drop the case in exchange for compensation from the defendant. The settlement may include compensation for medical expenses, lost wages, property damage, and emotional pain and suffering.

It’s important to note that you do not have to agree to a settlement just because it is offered. You should always talk to your attorney about the terms of a settlement before agreeing to it to see what he thinks is best. In some cases, the settlement is too low, and the attorney will recommend rejecting the offer and taking the case to court.

Trial Verdict

The 5% of cases that are not settled outside of the courtroom will have to go to trial. There are two possible outcomes for trial cases: either the injured party will win or the defendant will win. If the injured party wins, the defendant will be ordered to pay the plaintiff compensation for his injuries. A jury will decide on the exact amount that the defendant will have to pay after listening to testimony, reviewing evidence, and analyzing the outcomes of similar cases.

The plaintiff does not always win at trial. If the jury does not believe the plaintiff is entitled to compensation, they may order the plaintiff to pay the defendant’s court costs and attorney fees.

Appealed Verdict

If the plaintiff or defendant is not happy with the outcome of the trial, both parties have a right to appeal the verdict within 30 days of the ruling. This means the case will be sent to an appellate court that will review it to determine whether the verdict was fair. The appellate court can either decide to stick with the original verdict or overturn it if it was found to be unfair or unjust.

To achieve the best possible outcome in you case, you will need an experienced and knowledgeable personal injury attorney. Contact James Rush at Rush Injury Law if you have been injured because of someone else’s negligence. You can schedule a free consultation to discuss your case by calling 415-897-4801 or filling out the online form on our website www.rushinjurylaw.com .

By James Rush 13 Jun, 2017

There are approximately 4.5 million dog bite cases every year in the United States. Dogs can attack anyone, but many of the victims happen to be innocent children who don’t realize that a dog can be dangerous. Regardless of your age, it’s important to follow these tips to avoid dog bites:

Stay still.

If you are ever approached by a dog that you are not familiar with, your brain may tell you to turn and run, but you should actually stay as still as possible . Try to remain calm and don’t make any loud noises that may startle the dog. Be mindful of what the dog is doing, but try to avoid making eye contact with him. If the dog does not begin to back away after a few minutes have passed, slowly begin to raise your hands to your neck with your elbows close together to protect yourself in the event of an attack.

Know when to approach.

There are certain times that you should never approach a dog, even if you are familiar with it. For example, if a dog is feeding her babies, sleeping, eating, or chewing on a bone, keep your distance. Dogs are more aggressive when they are engaging in these activities, so you are more likely to be attacked.

Don’t enter their space.

Dogs are territorial, so they may bite you if they feel you are invading their space. If you see a dog in a car or behind a fence, don’t try to pet or play with him. He may try to keep you out of his private space by biting you.

Read their body language.

Dogs can’t communicate verbally, but their body language certainly speaks volumes. Aggressive dogs will try to make themselves look bigger by pushing their ears up and moving them forward. Their tails will probably be up, and the fur on their necks and backs may stand on end as well. If dogs feel threatened, they may begin to growl or snarl, which is a sign that you should stay away.

Dogs that feel anxious or nervous are also likely to attack. You can tell that a dog feels anxious by looking at her posture. Nervous dogs will shrink themselves by lowering their heads, flattening their ears, and putting their tails between their legs. They may also lick their lips or yawn repetitively. These dogs may try to retreat, but if they feel threatened enough, they may suddenly attack. Before approaching a dog, take a look at his body language to determine if it’s safe to move forward.

These tips may help you avoid a dog bite, but if you are still attacked, you will need a personal injury attorney to help you recover compensation. Contact personal injury attorney James Rush at Rush Injury Law if you would like to learn more about your legal options. To schedule a free consultation, call 415-897-4801 or fill out the online form on our website www.rushinjurylaw.com .

By James Rush 10 Jun, 2017

Over 45,000 bicyclists were injured in accidents in 2015. Bicyclists do not have the same protection that motorists do, so they often suffer serious injuries when they are involved in collisions. That’s why it’s important for bicyclists to do everything they can to protect themselves, including wearing the right protective gear. But, all gear is not created equal. Here are some tips for choosing bicycle safety gear that is right for you:

Helmet

A helmet is the single most important piece of protective gear that you should wear while riding a bicycle. When shopping for a helmet, make sure you are choosing a recreational helmet designed for people who ride bikes for leisure or to commute to work. Other helmets are designed for more serious, competitive bike riders, so they won’t fit your needs.

You will also need to pay attention to the size of the bike helmet . There are three words you need to keep in mind when determining if a helmet fits your head right: low, level, and snug. The helmet should sit low and level on your head so it covers the majority of your forehead. Once the chin strap has been connected, try to squeeze one of your fingers in between the strap and your chin. If the helmet fits properly, your finger should barely fit.

Finally, try to adjust your helmet back and forth and side-to-side. If the helmet moves more than one inch in any direction, you will either need to tighten the chin strap and try this test again, or buy a smaller helmet.

Elbow and Knee Pads

Bicyclists can protect their knees and elbows by wearing pads while riding. Pads are typically made out of a hard or soft plastic. It may seem as though the hard plastic will offer you more protection, but that’s not the case. Both will provide the same level of protection, but it’s recommended that you choose a soft plastic pad. These will allow you to move more freely and will fit comfortably underneath your clothing.

Clothing

Although clothing won’t protect you in the event of an accident, the right kind of clothing may help you prevent a collision in the first place. Bicyclists should always wear light colored or reflective clothing to maximize their visibility on the road. If you don’t have a reflective vest or jacket, consider purchasing reflective tape that you can apply to your clothing prior to a night ride.

Even if you are wearing all of the right protective gear, you may still suffer injuries in a bicycle accident. If you have been injured because of another person’s negligence, contact personal injury attorney James Rush at Rush Injury Law . Get in touch with our law office by calling 415-897-4801 or filling out the online form on our website www.rushinjurylaw.com to request a free consultation.

By James Rush 07 Jun, 2017

There are thousands of personal injury attorneys in the United States, which means you have plenty of options if you are ever in need of legal representation. But, keep in mind that not every attorney is the same. It’s important to take your time during your search so you can choose a personal injury attorney who is the right fit for your case. Here’s how:

Ask about his experience.

Just because someone is a personal injury attorney does not mean that he has experience handling cases similar to yours. For example, if you are interested in filing a car accident claim, but the attorney you are meeting with primarily handles medical malpractice claims, this is probably not a good fit.

Consider his professionalism.

You will need to find an attorney who takes his job very seriously, so pay attention to how he interacts with you, the potential client. Once you requested a consultation online, how long did it take for someone in his office to get back to you? Does he send emails to you with misspelled words and incorrect grammar? Does he say he will call at a certain time to discuss your case, but your phone never rings? The answers to these questions will help you determine whether an attorney takes his job—and his clients—seriously enough to handle your case.

Research his reputation.

Even if you get a good vibe from the attorney, it’s best to research what other clients have said about him in the past. Do a search on attorney rating websites such as Avvo and SuperLawyers to see if the attorney has any reviews. You can also ask the attorney if he has any references that you can contact before you make a decision. Be aware that an attorney must ask former clients for permission before giving their names out, so if he says he will get back to you with a short list of references, don’t assume this is his way of dodging the question.

Learn about the process.

Find out what you can expect if you agree to work with him. For example, will he be the one handling your case, or will other members of his team be your primary contacts? How often will he send you updates on the status of the case? Does he prefer to communicate through email or on the phone? Based on these answers, you should be able to tell whether he will be easy to work with. You should also ask about the attorney’s fees to see if you are comfortable with how he wants to be compensated. Many personal injury attorneys use a contingency fee agreement, which means they don’t charge clients upfront and instead take a percentage of the settlement as payment.

If you’re looking for a professional, respected, and experienced personal injury attorney, look no further than James Rush. The team at Rush Injury Law is ready and willing to review your case and begin fighting for the compensation you deserve. To schedule a consultation, call 415-897-4801 or fill out the online form on our website, www.rushinjurylaw.com .

By James Rush 05 Jun, 2017

If you’ve been injured because of someone else’s negligence, one of the first things you should do is find a personal injury attorney who can help you recover the compensation you deserve. But, before you begin officially working with an attorney, you will most likely meet with him or her to discuss your case in more detail. What happens during this initial consultation with a personal injury attorney? Here’s what you should expect:

Talk About Your Case

First and foremost, a personal injury attorney will ask you questions about what happened so he can determine if he thinks you have a strong case. You should expect to answer questions related to the accident, your injuries, evidence you have gathered, and medical treatments you have received. It’s recommended that you bring any relevant documentation to this consultation so the attorney can review it. This can include medical records, photographs of your injuries or the accident scene, and a police report.

An attorney will also want to know whether you have talked to anyone else about what happened. For example, if you have given an official statement to your insurance company about a car accident, the attorney will need to know this.

Provide You With Legal Advice

You will also receive legal advice during your consultation with a personal injury attorney. For instance, if you have been involved in a car accident, an attorney may explain how you should be documenting expenses and carefully following your doctor’s orders. He may also advise you to stay off of social media and wait until you have officially started working with an attorney before you talk to the insurance company.

Discussion of Possible Outcomes

After learning more about your situation, the attorney will go over possible outcomes of your case. For example, he may go over the difference between settling out of court and taking the case to trial. He may also ask you which outcome you would prefer. Some people do not want to go through the hassle of a trial, so it’s important for an attorney to know this upfront.

Introduction to the Law Firm

If the attorney is interested in taking your case, he may try to persuade you to work with him by telling you a bit about his law firm. This is a great way for you to learn more about the people you will work with and what sets them apart from other lawyers in the community. You should use this as an opportunity to ask about the attorney’s experience handling cases similar to yours. If he doesn’t have any experience in this particular area, he’s not the right attorney for your case.

Now that you know what to expect, it’s time to schedule your initial consultation with a personal injury attorney. Contact experienced attorney James Rush at Rush Injury Law today to set up a free consultation regarding your case. To get in touch with our law office, call 415-897-4801 or fill out the online form on our website, www.rushinjurylaw.com .

By James Rush 02 Jun, 2017

Losing a loved one can be tough on anyone, but it’s especially difficult to cope if you know that your loved one’s death could have been prevented. If your loved one’s death was caused by the negligent or reckless behavior of another person, you may be able to file a wrongful death claim to recover compensation for your loss. Here are some of the most common causes of wrongful death:

Motor Vehicle Accidents

Car, truck, and motorcycle drivers are legally obligated to make responsible choices and act in a way that does not put others in harm’s way. Unfortunately, many drivers do not fulfill this obligation, and instead act negligently behind the wheel of their vehicles. If a driver causes a fatal accident because he is distracted, under the influence of alcohol or drugs, or driving recklessly, the victim’s family may be able to file a wrongful death lawsuit against him.

Pedestrian and Bicycle Accidents

These distracted, intoxicated, and reckless drivers can also collide with innocent pedestrians or bicyclists. Because pedestrians and bicyclists do not have protection against the impact of a car, they are often killed in these tragic accidents.

Medical Malpractice

Medical professionals are trained to help those in need, but they often make fatal mistakes while treating a patient. There are many different types of medical malpractice that could lead to a wrongful death, including surgical errors, anesthesia errors, prescription medication errors, misdiagnosis, and failure to diagnose. Medical malpractice cases are complex and often involve multiple defendants such as doctors, nurses, and the hospitals that employ these professionals.

Workplace Accidents

Employers are required to provide their employees with safe working conditions, but if they fail to do so, they may be named in a wrongful death lawsuit if an employee is killed while on the job. Where do the most workplace accidents occur? Many of them take place on construction sites. Construction workers are at a higher risk of injuring themselves or being involved in fatal accidents while on-the-job. In fact, the Occupational Safety and Health Administration (OSHA) reports that one in five workplace-related deaths were in the construction industry.

Defective Products

Product engineers, manufacturers, and retailers cannot make or sell dangerous products to consumers. If a product is sold with a defect that causes a fatality, the victim’s family may be able to hold these parties accountable for their loss. One example of a defective product would be the Samsung Galaxy Note 7 smartphone . This product was defective and as a result, it began to overheat and catch fire after extended use. If any fatalities were caused by this phone’s defect, Samsung would be legally responsible.

Taking legal action may be the last thing on your mind after the loss of a loved one, but it’s important that you explore your legal options so you can hold the negligent party accountable. Contact James Rush at Rush Injury Law today to schedule a free consultation regarding your wrongful death case. Call 415-897-4801 or fill out the online form on our website, www.rushinjurylaw.com .

By James Rush 31 May, 2017

If you are renting a home or apartment, you are required to pay a sum of money to your landlord every month. In exchange for this rent, the landlord is required to keep your home or apartment free from dangerous conditions that could seriously injure you. One of the most common accidents that can occur on a rental property is a slip and fall. If you’ve been injured in a slip and fall accident, can you hold your landlord liable for your injuries? In some cases, yes.

Proving Negligence

Landlords will not be held liable for every accident that occurs on their property. In order to prove the landlord is at fault for your injuries, you have to be able to prove negligence. To put it simply, you must be able to show the landlord either created the unsafe conditions that led to your slip and fall or knew about the hazard, but did nothing to remedy the situation.

Under certain circumstances, the landlord can be held liable even if he was not aware of the unsafe conditions. If the plaintiff can prove that a “reasonable” landlord would have known about the conditions, then the plaintiff’s landlord may be held liable for the slip and fall accident.

Examples of Negligence

To get a better understanding of the legal concept of negligence, consider these examples . Let’s say your rental home has a leak in the roof, and water is beginning to puddle inside your home as a result. You tell your landlord about the leak, and he acknowledges that it needs to be fixed, but does not take immediate action to do so. If you slip on the water and injure yourself, the landlord may be liable for your injuries because he knew of the hazardous condition. However, if you did not tell him about the leak prior to your injury, it will be very difficult proving that the landlord was negligent.

Check the Lease

Landlords will outline the tenants’ responsibilities in the lease, so it’s important to refer to this document if you are questioning whether your landlord should be held liable for your injuries. For example, if you slip on a patch of ice on the sidewalk leading up to your home, you may want to hold your landlord accountable because he did not remove the ice from the walkway. However, your lease may state that it is your responsibility to take care of any snow or ice that accumulates on the walkway up to your door. In this case, the landlord would not be responsible for the condition that caused your injury.

Proving liability in a slip and fall case can be complex, which is why you will need legal representation from an experienced personal injury attorney. Contact James Rush at Rush Injury Law today to discuss your legal options in greater detail. To schedule a consultation with James Rush, call 415-897-4801 or fill out the online form on our website www.rushinjurylaw.com .

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By James Rush 22 Jun, 2017

If you have been injured in a truck accident, you may be entitled to compensation for your medical expenses, lost wages, pain and suffering, and more. But, in order to pursue a personal injury claim, you will need to determine who is liable. There are many parties that could be held liable for truck accidents, including:

Truck Drivers

Truck drivers may be held liable under certain circumstances. For example, if the accident was caused by driver error, or was due to the driver being distracted or under the influence of alcohol, he may be held liable for any injuries that occurred as a result.

Truck Companies

Trucking companies can be held liable for a number of reasons. First, if the trucking company did not properly train the driver prior to sending him on the road, the company may be partially liable. Companies can also be held liable if they fail to adhere to federal trucking regulations. For example, if the accident occurred because the company failed to properly inspect the vehicle, or because the driver was overscheduled and tired, the company may be liable for your injuries.

In most cases, the company will be held liable even if the accident was entirely the driver’s fault. This is because of the legal doctrine known as “ respondeat superior ,” which means “let the superior answer.” Under this doctrine, employers are typically held responsible for their employees’ actions as long as the employee is performing his job duties at the time of the accident.

Manufacturer

Some accidents are caused by defective parts. If a malfunctioning part causes an accident, the manufacturer of the defective part could be held liable. For example, let’s say the truck’s brakes fail and the truck collides with a vehicle because the driver is unable to stop. If it is determined that the brakes malfunctioned because of a design or manufacturing defect, then the manufacturer may be liable.

Cargo Loader

Whoever loads the cargo on the truck must ensure that the weight of the cargo is evenly distributed. If it’s not, the driver may not be able to control the truck. The shipper or company that loads the cargo onto the truck may be held liable if the accident was caused by cargo that was not loaded properly.

It’s important to note that more than one party may be liable, which makes these cases even more complex. Luckily, a personal injury attorney can investigate the accident to determine who should be held responsible for your injuries.

If you have been injured in a truck accident, get in touch with a personal injury attorney right away. James Rush at Rush Injury Law will investigate the cause of the accident to identify the liable parties. Then, he will fight tirelessly to help you recover the compensation you deserve. Contact us today by calling 415-897-4801 or filling out the online form on our website www.rushinjurylaw.com to request a free consultation.

By James Rush 20 Jun, 2017

There are over 415,000 truck accidents every year, and about 20% of these accidents involve injuries. Unfortunately, the number of truck accidents has increased by about 20% over the last two decades. This is a disturbing trend, and one that should not be ignored. Why do these collisions occur? Here are some of the most common causes of truck accidents:

Driver Fatigue

Many truck drivers are paid by the mile, which means they may push themselves to drive further even when they are feeling tired. Federal regulations limit the number of hours that truck drivers can spend behind the wheel per day, and put rules in place regarding breaks. However, these regulations are not enough to prevent truck accidents caused by the driver’s fatigue.

Distracted Driving

Truck drivers spend hours and hours on the road, so at some point they may become restless and start to distract themselves with a cell phone or radio. Truck drivers can also become distracted by adjusting their GPS system, eating, or drinking while behind the wheel. Any type of distraction is dangerous and could lead to an accident with serious injuries.

Driver Error

Anyone can make a mistake—even a truck driver. If a truck driver makes a driver error, he may accidentally collide with another vehicle. For example, truck drivers can cause accidents when they make wide turns, fail to brake in time, or change lanes without checking their blind spots. Some of these errors could be caused by lack of training , but others may simply be a judgment error.

Improper Loading

Cargo must be loaded into the truck in a certain way so the weight is evenly distributed. If the person who loads the cargo fails to do so properly, the truck driver may have trouble controlling the truck. He may swerve back and forth or jack knife as a result of the uneven distribution of weight.

Irregular Maintenance

Trucking companies are required to regularly inspect their trucks to ensure there are no safety issues. If a safety issue is discovered, the truck cannot be sent on the road until it has been repaired. However, some trucking companies do not follow these rules. Instead, they choose to save time and money by sending trucks that have not been inspected out on the road. If a trucking company fails to spot a potential problem, such as worn down tires, an accident could occur as a result.

If you have been injured in a truck accident, a personal injury attorney can help you determine the cause of the accident so you know who is liable for your injuries. Contact personal injury attorney James Rush at Rush Injury Law as soon as possible following a truck accident. You can schedule a free consultation to discuss your case by calling 415-897-4801 or filling out the online form on our website www.rushinjurylaw.com .

By James Rush 16 Jun, 2017

You may be in shock in the moments following a dog bite as you try to figure out what happened and how badly you are hurt. There are certain steps that you should take immediately following a dog bite to protect yourself and help you possibly recover compensation for your injuries in the future. Here’s what to do:

1. Find the owner

Try to find the owner of the dog as quickly as possible so you can ask for his contact information. You should also ask the owner whether the dog has been vaccinated. If you cannot find the owner, or if the owner is not clear as to whether the dog has been vaccinated, you will need a rabies shot right away.

2. Call for help

You should immediately call for help if a dog has bitten you. Even if you think your injuries are not severe, it’s best to seek medical attention right away. Why? Dog bite injuries often start as minor wounds, but can quickly become infected if they are not treated properly. In fact, it is estimated that infection occurs in between 10-15% of dog bites . To avoid this complication, seek treatment right away if the bite has punctured your skin.

3. Document your injuries

You may be entitled to compensation for your injuries, but you have to prove that they exist first. Take photographs of the injuries and keep a journal so you can write down the symptoms that you experience everyday during your recovery. Be sure to hold onto all of your medical records and receipts for anything that you have had to pay for that is related to your injuries, such as prescription medication or medical care.

4. Report the bite

Contact the city or county that you live in to file an official report of the incident. Local authorities collect dog bite data to track trends and investigate whether the dog has transmitted rabies to the victim. Reporting the bite will also provide you with more proof that the incident occurred if you decide to file a personal injury claim.

5. Contact an attorney

California has a strict liability rule in regards to dog bites, which means the owner is held liable in most cases. Contact an attorney as soon as possible following the incident to discuss your case and determine whether you should move forward with a personal injury claim. It’s imperative that you contact an attorney immediately following a dog bite so he can begin determining liability, gathering evidence, and helping you document your expenses.

If you have been injured by a dog bite, there’s no time to waste. Get in touch with personal injury attorney James Rush at Rush Injury Law right away so he can begin investigating the case and helping you recover the compensation you deserve. Request a free consultation by calling 415-897-4801 or filling out the online form on our website www.rushinjurylaw.com
By James Rush 15 Jun, 2017

If you are filing a personal injury claim to recover compensation from the negligent party, you may be wondering what may happen next. There’s no way to say for certain how your case will end, but here are all of the possible outcomes of a personal injury claim:

Dropped Case

Sometimes, the plaintiff changes his mind and decides not to move forward with the case at all. If you decide to drop your case, you are giving up the possibility of recovering compensation for your injuries.

Pre-Trial Settlement

It’s estimated that 95% of personal injury cases never go to trial. Instead, these cases are settled outside of the courtroom through negotiations between the attorneys. Defendants who know they are liable for the injuries will typically attempt to settle out of court to avoid the cost of a trial. The plaintiff will sign an agreement that states he will drop the case in exchange for compensation from the defendant. The settlement may include compensation for medical expenses, lost wages, property damage, and emotional pain and suffering.

It’s important to note that you do not have to agree to a settlement just because it is offered. You should always talk to your attorney about the terms of a settlement before agreeing to it to see what he thinks is best. In some cases, the settlement is too low, and the attorney will recommend rejecting the offer and taking the case to court.

Trial Verdict

The 5% of cases that are not settled outside of the courtroom will have to go to trial. There are two possible outcomes for trial cases: either the injured party will win or the defendant will win. If the injured party wins, the defendant will be ordered to pay the plaintiff compensation for his injuries. A jury will decide on the exact amount that the defendant will have to pay after listening to testimony, reviewing evidence, and analyzing the outcomes of similar cases.

The plaintiff does not always win at trial. If the jury does not believe the plaintiff is entitled to compensation, they may order the plaintiff to pay the defendant’s court costs and attorney fees.

Appealed Verdict

If the plaintiff or defendant is not happy with the outcome of the trial, both parties have a right to appeal the verdict within 30 days of the ruling. This means the case will be sent to an appellate court that will review it to determine whether the verdict was fair. The appellate court can either decide to stick with the original verdict or overturn it if it was found to be unfair or unjust.

To achieve the best possible outcome in you case, you will need an experienced and knowledgeable personal injury attorney. Contact James Rush at Rush Injury Law if you have been injured because of someone else’s negligence. You can schedule a free consultation to discuss your case by calling 415-897-4801 or filling out the online form on our website www.rushinjurylaw.com .

By James Rush 13 Jun, 2017

There are approximately 4.5 million dog bite cases every year in the United States. Dogs can attack anyone, but many of the victims happen to be innocent children who don’t realize that a dog can be dangerous. Regardless of your age, it’s important to follow these tips to avoid dog bites:

Stay still.

If you are ever approached by a dog that you are not familiar with, your brain may tell you to turn and run, but you should actually stay as still as possible . Try to remain calm and don’t make any loud noises that may startle the dog. Be mindful of what the dog is doing, but try to avoid making eye contact with him. If the dog does not begin to back away after a few minutes have passed, slowly begin to raise your hands to your neck with your elbows close together to protect yourself in the event of an attack.

Know when to approach.

There are certain times that you should never approach a dog, even if you are familiar with it. For example, if a dog is feeding her babies, sleeping, eating, or chewing on a bone, keep your distance. Dogs are more aggressive when they are engaging in these activities, so you are more likely to be attacked.

Don’t enter their space.

Dogs are territorial, so they may bite you if they feel you are invading their space. If you see a dog in a car or behind a fence, don’t try to pet or play with him. He may try to keep you out of his private space by biting you.

Read their body language.

Dogs can’t communicate verbally, but their body language certainly speaks volumes. Aggressive dogs will try to make themselves look bigger by pushing their ears up and moving them forward. Their tails will probably be up, and the fur on their necks and backs may stand on end as well. If dogs feel threatened, they may begin to growl or snarl, which is a sign that you should stay away.

Dogs that feel anxious or nervous are also likely to attack. You can tell that a dog feels anxious by looking at her posture. Nervous dogs will shrink themselves by lowering their heads, flattening their ears, and putting their tails between their legs. They may also lick their lips or yawn repetitively. These dogs may try to retreat, but if they feel threatened enough, they may suddenly attack. Before approaching a dog, take a look at his body language to determine if it’s safe to move forward.

These tips may help you avoid a dog bite, but if you are still attacked, you will need a personal injury attorney to help you recover compensation. Contact personal injury attorney James Rush at Rush Injury Law if you would like to learn more about your legal options. To schedule a free consultation, call 415-897-4801 or fill out the online form on our website www.rushinjurylaw.com .

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