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Suffering a traumatic brain injury (TBI) can be a life-altering event, with far-reaching physical, cognitive, and emotional consequences. However, the financial toll of a TBI is often one of the most significant and long-lasting challenges that victims and their families must navigate, with the total cost of TBIs in the US amounting to around $49 billion each year.

In this article, we will explore some key considerations and strategies for managing the financial aftermath of a TBI.

Medical Expenses

One of the primary financial burdens associated with a TBI is the cost of medical care. Depending on the severity of the injury, victims may require hospitalization, rehabilitation, ongoing therapy, and assistive devices. These expenses can quickly add up, often exceeding the limits of personal health insurance coverage.

It is crucial to carefully document all medical expenses and work closely with your healthcare providers and insurance providers to ensure that you receive the coverage and support you are entitled to. This is something our experienced lawyers can help with.

Lost Wages and Earning Potential

A TBI can also have a significant impact on an individual’s ability to work and earn a living. The recovery process may require time off from work, and in some cases, the injury may result in permanent disabilities that limit the victim’s earning potential. This can create a significant financial strain, not only for the individual but also for their family. Try to explore options for income replacement, such as disability benefits, workers’ compensation, or personal injury settlements, to help bridge the gap.

Long-Term Care and Rehabilitation

In many cases, the recovery process from a TBI is lengthy and may require ongoing care and rehabilitation. This can include physical, occupational, or speech therapy, as well as the need for assistive devices or home modifications. These long-term care expenses can be a significant financial burden, and it is essential to plan for these costs and explore avenues for support, such as government programs or private insurance coverage.

Legal Considerations

If the TBI was the result of an accident or someone else’s negligence, the victim may be entitled to compensation through a personal injury lawsuit. This can be a complex process, and it is crucial to work with an experienced personal injury law firm like us who can help navigate the legal system and ensure that the victim receives the maximum compensation they are entitled to.

Budgeting and Financial Planning

Dealing with the financial aftermath of a TBI can be overwhelming. You’ll likely need to develop a comprehensive financial plan to manage expenses, maximize available resources, and plan for the future. This may involve working with a financial advisor, creating a detailed budget, and exploring options for debt management or refinancing.

Support and Resources

There are a variety of support organizations, government programs, and community resources available to provide assistance and guidance. Reaching out to these resources can be a crucial step in navigating the financial challenges associated with a TBI.

By understanding the various financial considerations and exploring available options, victims can focus on their recovery and work towards a more secure and stable future. Always contact us if you have any questions about your case or would like to discuss filing a TBI lawsuit. You can visit our offices at the following locations:

  • 10 Commercial Blvd, #206 Novato, CA 94949
  • 75 Broadway #202, San Francisco, CA 94111
  • 3558 Round Barn Blvd, Suite 200, Santa Rosa, CA 95403

Call us today for a free consultation on (415) 897-4801.

Pedestrian accidents involving public transportation like buses are unfortunately common occurrences in cities and towns across the United States. When a pedestrian is hit by a bus, it often results in serious injuries or even death for the pedestrian. Determining who is at fault and liable for damages in these types of accidents can be complicated. There are a number of factors that influence the determination of fault.

Duty of Care Owed to Pedestrians

Both pedestrians and bus drivers have a duty of care when it comes to avoiding accidents. Pedestrians must exercise reasonable care when walking near busy roads and should avoid suddenly stepping in front of oncoming traffic. Bus drivers owe pedestrians a heightened duty of care to drive slowly and cautiously around crosswalks, bus stops, and other areas where pedestrians may be present. This is because buses are large, heavy vehicles that can easily cause major damage in a collision with a pedestrian.

Liability When Pedestrian Has the Right of Way

If a pedestrian has the legal right of way when struck by a bus, this will weigh heavily in determining that the bus driver is at fault. Some situations where pedestrians normally have the right of way include:

  • At a crosswalk when the pedestrian has a “walk” signal. Bus drivers must yield the right of way to pedestrians who have a walk signal at a crosswalk, even if the bus has a green light. Failure to properly yield and hitting a pedestrian with the right of way is likely negligence on the part of the bus driver.
  • Crossing at an uncontrolled intersection. When crossing at an intersection without traffic lights or stop signs, pedestrians have the right of way over vehicles. Bus drivers are required to slow down, allow pedestrians to cross, and yield the right of way.
  • Crossing in a marked crosswalk without traffic lights. Marked crosswalks at intersections without lights still grant pedestrians the right of way. Bus drivers must slow and prepare to yield when approaching marked crosswalks.
  • When a stopped bus blocks sight lines and a pedestrian attempts to cross after checking for oncoming traffic. If a stopped bus obstructs the view of a pedestrian attempting to cross, they are allowed to cautiously enter the intersection after checking for traffic. Hitting them is likely the failure of the bus driver to yield.
  • At locations where special pedestrian yield signs are posted. Some crosswalks have explicit signs stating that vehicles must yield or stop for pedestrians, which always grants pedestrians the right of way.

In these types of situations, the bus driver is expected to yield to pedestrians and can usually be held liable for hitting them. However, comparative negligence laws in some states mean a pedestrian’s own negligence can potentially reduce the amount of damages they are eligible to recover.

Liability When the Pedestrian is Jaywalking

If a pedestrian is hit while improperly crossing a roadway in an unmarked crosswalk or “jaywalking,” this will weigh against finding the bus driver at fault. Jaywalking pedestrians are likely at fault themselves for failing to yield the right of way to oncoming traffic. However, bus drivers still have a responsibility to drive carefully and slow down when spotting jaywalkers.

So, in a jaywalking scenario, fault is often shared between both parties. Again, comparative negligence laws in some states would reduce a jaywalker’s damages based on their percentage of fault.

Factors That Influence Determining Fault

There are a number of specific factors that can influence deciding whether the pedestrian or bus driver was primarily at fault:

  • Where exactly the accident happened – Was it at a crosswalk, an intersection, or in the middle of the block?
  • Whether the bus stopped at the designated stop – Failure to do so could make the driver liable.
  • The speed of the bus prior to the accident – Was it over the posted speed limit?
  • Weather and road conditions at the time of the accident – Poor visibility or slippery roads could reduce the driver’s liability.
  • Failure of the pedestrian to look both ways before crossing.
  • Pedestrian distraction prior to the accident, like texting or wearing headphones.
  • Mechanical failures of the bus, like brake problems.
  • Vision obstructions such as illegally parked cars blocking the bus driver’s view.
  • Tire marks and other accident scene forensic evidence.
  • Witness statements about what happened.
  • Video footage from the bus or surrounding security cameras.

Comparative vs. Contributory Negligence Laws

States apply different legal doctrines when an accident involves shared fault between multiple parties. Some states follow traditional “contributory negligence” rules, which can completely bar a pedestrian who was even 1% at fault from any recovery.

Other states apply “comparative negligence,” which allows a partially negligent pedestrian to still recover damages but reduced by their percentage of fault. So, a pedestrian who was 30% responsible for the accident with a bus could still potentially recover 70% of the damages.

Determining fault in pedestrian vs. bus accidents almost always involves complicated legal analysis of the specific facts of the incident. Consulting with an experienced personal injury attorney is highly recommended if you have been injured as a pedestrian by a bus. An attorney can help gather evidence, prove fault, and maximize your potential recovery.

Seeking Compensation for Your Pedestrian Accident Injuries

Being involved in a pedestrian accident with a bus can lead to catastrophic injuries, including head and brain trauma, broken bones, spinal cord damage, and other severe harm. The negligent actions of a bus driver that led to the crash should not prevent an innocent pedestrian from receiving fair compensation for their injuries, lost income, pain and suffering, and other damages.

Potential compensation sources after a pedestrian bus accident injury include:

  • Driver/bus company insurance policies
  • Your own auto, medical, or disability insurance
  • Personal assets of the negligent driver
  • Uninsured/underinsured motorist coverage
  • Personal injury lawsuit and settlement

The experienced and compassionate pedestrian accident attorneys at Rush Injury Law are here to help if you or a loved one has been injured as a pedestrian by a bus. Visit one of our offices at:

  • 10 Commercial Blvd, #206 Novato, CA 94949
  • 75 Broadway #202, San Francisco, CA 94111
  • 3558 Round Barn Blvd, Suite 200, Santa Rosa, CA 95403

Or call us today for a free consultation on (415) 897-4801.

Being visible to drivers and other cyclists is critical for staying safe on the roads. According to research, over a third of bicycle accidents occur due to low visibility and drivers not seeing the cyclists. As a cyclist, there are several effective ways you can make yourself more noticeable to avoid such accidents.

Wear Bright and Reflective Clothing

The clothing you wear while cycling can drastically affect your visibility. Opt for bright neon, yellow or orange shirts and jackets that stand out. These brighter colors catch people’s eyes much faster. Also, ensure your clothing has reflective strips and piping, so you’re visible even in low lights. Reflective ankle and knee straps additionally highlight your pedal movement to drivers.

Use Bike Lights

Having white front and red rear lights on your bike is mandated by law. But consider using ultra-bright LED lights for maximum impact. Flashing lights that blink on and off are scientifically proven to attract greater attention. Ensure batteries are always charged. Daytime running lights also aid visibility.

Attach Reflectors

Reflectors positioned on your spokes, frame and wheels reflect light strongly. Drivers can spot these reflections from farther distances. Upgrade standard reflectors to spoke reflectors that rotate to catch attention. Other effective reflectors are safety tapes and patterns placed on the frame and helmet.

Maintain Eye Contact

While reflectors work to catch drivers’ attention, making eye contact confirms they’ve seen you. So, look ahead at intersections and make deliberate eye contact with motorists and cyclists. Don’t assume they will look your way or have seen you already. This helps avoid many accidental collisions.

Stay Predictable

Biking in straight lines and indicating turns maintains predictability so drivers can accurately judge your movements. Lane positioning is also key – ride closer to the curb and parked cars to have an escape route from main traffic. Being predictable essentially makes you less invisible to traffic.

Use Audible Signals

Having a bell, horn or buzzer on your bike helps warn pedestrians and other cyclists audibly. Sound signals make people aware of you without having to shout. They are very useful when passing walkways and parks where people may not be looking your way.

Get a Rear-View Mirror

Attaching a bike mirror allows you to look back and check for approaching vehicles. Rear-view mirrors provide additional visibility of traffic from behind so you can take evasive action if required. Having eyes in the back of your head goes a long way in keeping safe.

The above visibility aids and practices will enable other commuters to spot you from a safe braking distance. Stay alert and keep checking for eye contact. Making yourself conspicuous is the best way for accident prevention as a cyclist sharing the road.

What Happens If You Have an Accident While Cycling?

If you unfortunately do meet with an accident while cycling, immediately call emergency services if you are injured. Move to a safe location out of oncoming traffic. Note down details of the incident, location, vehicles, and people involved for insurance purposes later. Report the accident to traffic authorities as well within 24 hours. Stay calm until help arrives.

Once you are safe, call one of our bicycle injury lawyers for advice. You can visit one of our offices at the following locations:

  • 10 Commercial Blvd, #206 Novato, CA 94949
  • 75 Broadway #202, San Francisco, CA 94111
  • 3558 Round Barn Blvd, Suite 200, Santa Rosa, CA 95403

Call us today for a free consultation on (415) 897-4801.

Staircases can present major fall and trip hazards if they are not properly maintained. Inadequate lighting on staircases compounds these risks significantly, making it difficult for people to see steps, handrails, and other important safety features. Property owners are responsible under premises liability laws to ensure staircases are reasonably safe. When poor lighting contributes to staircase falls and injuries, victims may have valid legal claims against negligent property owners.

The Dangers of Poorly Lit Staircases

Falls on staircases can lead to serious injuries such as sprains, fractures, traumatic brain injuries, and even death. Data analysis shows staircase accidents are responsible for over 1 million emergency room visits each year. These incidents commonly occur when people lose their footing or fail to grasp handrails in time to prevent an unbalanced fall.

Without adequate lighting, the risks of these dangerous missteps increase exponentially. Low light makes it incredibly difficult to fully visualize steps, see hazards in the pathway, and orient oneself properly while ascending or descending. Loss of depth perception due to shadows or dark surroundings impairs balance and judgment of distances between steps. Glare or intense light at the top and bottom of staircases can also temporarily ‘blind’ people and hide tripping hazards as they transition on and off stairs.

Specific injuries associated with poorly lit staircases include:

  • Sprained or broken ankles and wrists from slipping on stairs and bracing falls
  • Head trauma after losing balance and falling uncontrolled
  • Severe bruising and abrasions from hitting steps and stair edges
  • Fractured hips and pelvises – a leading cause of disability for seniors
  • Broken teeth from uncontrolled impacts with stairs
  • Torn knee ligaments needing surgery and extended rehabilitation
  • Crushed fingers/toes or degloving injuries on stair edges
  • Severe cuts and gashes requiring stitches if stair edges are sharp.

By failing to address lighting issues on their properties, building owners disregard staircase safety hazards and contribute negligence that leaves them vulnerable to liability when falls occur. Furthermore, for rental properties, landlords shoulder these legal obligations and premises liability risks if they neglect tenant staircase safety. Landlords must act quickly when notified of lighting concerns on staircases in their rental units and make necessary fixes to avoid injuries that prompt legal action by tenants or their guests.

Legal Standards for Safe Premises and Lighting

Under premises liability laws, property owners have legal obligations to provide reasonable levels of safety for visitors. This ‘duty of care’ means they must take steps to discover risks and then fix or provide warnings about hazardous conditions on their property. Staircase dangers and lighting issues are specifically covered hazards that should be evaluated and mitigated.

Building codes and construction standards also establish legal lighting requirements for different environments. Staircases generally mandate uniform lighting without glare or shadows that allows safe elevation changes. For example, OSHA regulations for workplace staircases require a minimum of 10 foot-candles of illumination along walking surfaces and landings. Building owners whose staircases fall below these types of lighting thresholds can be deemed negligent per se if injuries occur.

Additionally, the Americans with Disabilities Act (ADA) provides federal civil rights protections for those with disabilities, including legal standards for safe, accessible staircases. Poor lighting that hides step contrasts or obstructs the visibility of handrail extensions violates ADA staircase provisions. Owners can face lawsuits for such non-compliance.

By demonstrating inadequate staircase lighting contributed to a fall and injury, victims can establish strong premises liability claims for their damages. Settlements may cover all medical expenses plus additional amounts for pain/suffering, disability, lost income, etc. When lighting issues reflect a conscious disregard for safety, punitive damages against the property owner are also possible.

Gathering Evidence for Lighting-Related Staircase Injury Cases

While legal options exist, evidence is still necessary to prove liability. Plaintiff lawyers who handle staircase accidents and falls conduct detailed investigations to gather facts showing poor lighting conditions caused their client’s injuries. Strategies to establish these liability connections often include:

  • Documenting current staircase light measurements that fall below safety standards
  • Photographing glare issues and shadowed areas hiding hazards
  • Interviewing witnesses about long-standing lighting issues or disabled bulbs
  • Requesting past property inspection records that noted lighting deficiencies
  • Examining blueprints to assess compliance with lighting requirements during construction
  • Retaining expert witnesses to recreate lighting at the time of the fall and opine defects

By demonstrating that a property owner was aware of inadequate lighting but failed to take reasonable safety precautions, fall victims can prove liability that warrants compensation in their injury claim.

When Lighting Contributes to Dangerous Staircase Falls, Take Legal Action

Property owners are responsible for ensuring safe conditions in areas like staircases that are known fall hazards. Allowing inadequate lighting or other visibility issues to persist demonstrates negligence when people get injured. Holding negligent building owners accountable is entirely appropriate to cover damages that victims incur.

If you or a loved one has suffered an injury due to poorly lit stairs, consulting a personal injury lawyer is advisable to examine potential legal claims. An experienced personal injury attorney can collect lighting measurements, secure surveillance footage, retain experts, and take other actions to prove liability after your staircase fall. They can then negotiate assertively with insurers or file a lawsuit to gain the compensation you deserve for harm and losses. With representation focused specifically on fall cases, many victims recover significant settlements with minimal headaches or delays. Don’t wait to reach out for help determining your options and legal rights.

When filing premises liability claims over staircase falls, comprehensive evidence gathering and strategic legal advocacy are key for injured victims to gain fair compensation. An attorney experienced in investigating lighting deficiencies, establishing negligence, and calculating case values can make the difference in maximizing staircase fall lawsuit outcomes. Prioritizing legal help quickly helps secure time-sensitive evidence to prove your case.

If you’ve been involved in a staircase accident due to bad lighting or any other form of negligence, contact us today. Visit one of our offices at:

  • 10 Commercial Blvd, #206 Novato, CA 94949
  • 75 Broadway #202, San Francisco, CA 94111
  • 3558 Round Barn Blvd, Suite 200, Santa Rosa, CA 95403

Or call us for a free consultation on (415) 897-4801.

Swimming pools are often synonymous with relaxation, fun, and a refreshing escape from the summer heat. However, beneath the surface of these aquatic havens lurk potential dangers that can turn a day of enjoyment into a nightmare. Whether you’re a homeowner with a private pool or a member of a community with shared pool facilities, understanding premises liability is crucial to ensure safety and prevent accidents.

The Responsibility of Homeowners

Owning a private swimming pool is a luxury, but it comes with significant responsibilities. Homeowners are obligated to maintain a safe environment for both family members and guests. Neglecting necessary safety measures can lead to serious consequences. Common hazards include slippery surfaces, faulty pool equipment, and inadequate fencing. A lack of proper maintenance and upkeep not only endangers those using the pool but can also result in legal consequences for the homeowner.

Homeowners must ensure that their pool area adheres to safety standards. This includes having secure fencing with a self-locking gate to prevent unauthorized access, installing non-slip surfaces around the pool, and regularly inspecting equipment for any signs of malfunction. Failure to take these precautions could result in serious injuries and open the door to premises liability claims.

Community Pools and Legal Responsibilities

Community pools offer residents a shared space for recreation, but they too carry their own set of responsibilities. Homeowner associations and property management companies overseeing these pools must prioritize the safety of community members. Negligence in maintaining communal pool facilities can lead to severe accidents, and those responsible may be held liable for any resulting injuries.

Regular inspections, prompt repairs, and clear signage regarding pool rules are essential for community pool safety. Lifeguards, if present, should be adequately trained and attentive to swimmers. Failure to meet these standards may expose the responsible parties to legal actions under premises liability laws.

Accidents and Injuries: Establishing Liability

Accidents around swimming pools can result in a variety of injuries, ranging from slips and falls to more severe incidents like drowning. When such accidents occur, determining liability is a crucial step in seeking compensation for damages.

Liability in pool-related accidents often hinges on negligence. If a homeowner or community entity fails to address known hazards or neglects proper maintenance, they may be held responsible for injuries that occur on their property. Proving negligence typically requires demonstrating that the responsible party had a duty of care, breached that duty, and that the breach directly led to the injuries sustained.

Legal Recourse for Victims

Victims of swimming pool accidents, whether in private residences or community settings, have legal recourse to seek compensation for their injuries. Medical expenses, rehabilitation costs, and pain and suffering may be recoverable through premises liability claims. It is essential for victims to document the circumstances surrounding the accident, gather witness statements, and seek prompt medical attention to strengthen their case.

Seek Legal Counsel for Pool-Related Accidents

Swimming pool accidents can have severe and long-lasting consequences. Whether you’re a homeowner or a community member, understanding premises liability is crucial for preventing accidents and ensuring accountability when they occur. If you or a loved one has been involved in a swimming pool accident, seeking legal counsel is paramount. An experienced premises liability attorney from Rush Injury Law can help assess the circumstances of the accident, determine liability, and guide you through the process of seeking compensation for your injuries. Remember, it’s not only about holding the responsible parties accountable but also about securing the necessary support to move forward after a traumatic incident.

Find us at the following locations:

  • 10 Commercial Blvd, #206 Novato, CA 94949
  • 75 Broadway #202, San Francisco, CA 94111
  • 3558 Round Barn Blvd, Suite 200, Santa Rosa, CA 95403

Call us today for a free consultation on (415) 897-4801.

When you are injured due to another party’s negligence, you may be entitled to compensation. This compensation is meant to cover the financial toll the injury has taken as well as the physical and emotional suffering. The damages awarded in personal injury cases are typically divided into two categories: economic damages and non-economic damages. Understanding the difference between the two is important when determining the total value of your injury claim.

What Are Economic Damages?

Economic damages are meant to reimburse you for the quantifiable financial losses you have incurred due to someone else’s negligence. These are damages with a clear monetary value attached to them. Some examples of economic damages include:

Medical Expenses

One of the most common economic damages awarded in injury claims are medical expenses. This includes ambulance fees, hospital bills, costs for surgery, medication, therapy, rehabilitation, medical equipment, and any other healthcare costs linked to treating your injury. Make sure to keep detailed records so you can accurately claim medical expenses.

Lost Income

If your injury prevented you from working for a period of time, you can claim lost wages as economic damages. This is typically calculated by looking at your income before the injury and subtracting the income you were still able to earn during recovery. Lost sick or vacation days used as a result of the injury can also be claimed.

Loss of Future Earning Capacity

Some severe injuries have lasting impacts that limit your ability to work and earn an income. In these cases, you may claim compensation for your reduced future earning potential. Expert witnesses are often used to assess your specific situation and provide evidence for these projected losses.

Property Losses

If any property was damaged or lost due to the negligent actions of the other party, you can claim these costs. For example, if your vehicle was totaled in a crash, you can seek damages for the value of your car. Other property damage like a damaged wheelchair, broken eyeglasses, or lost income due to property destruction can also be claimed.

Misc. Expenses

Any other out-of-pocket expenses directly tied to the injury can potentially be recovered as economic damages. Things like home healthcare equipment, costs for modifying vehicles and homes to accommodate disabilities, legal fees, and rehabilitation expenses all fall into this category.

The key thing to remember is that economic damages must have a dollar value attached. If the financial impact can be quantified and proven, then it can be claimed as part of your compensation.

What Are Non-Economic Damages?

Non-economic damages involve the more intangible, harder-to-quantify losses that occur due to an injury. These types of damages do not come with a clear price tag, so calculating them often relies on presenting evidence of the severity and duration of suffering. Common non-economic damages include:

Pain and Suffering

Virtually every personal injury case will involve a claim for pain and suffering damages. This refers to physical discomfort and distress caused by the injury and subsequent treatment. The more severe and lasting the pain, the higher this element will be valued. Back and neck injuries often have significant pain and suffering damages given the impact on quality of life.

Emotional Distress

Being injured can take a major toll on mental health as well. Emotional distress damages compensate for conditions like anxiety, depression, PTSD, mental anguish, humiliation, fear, and other emotional trauma stemming from the incident. Like pain and suffering, the extent and duration are key. Permanent psychological damage warrants higher damages.

Disfigurement

Injuries that leave a person permanently scarred or disfigured also warrant non-economic damages. Scarring from burns or lacerations, loss of limbs, and other deformities impact self-esteem and restrict physical abilities. The appearance and location of scarring as well as any related social limitations, impact the valuation.

Loss of Enjoyment of Life

Being injured limits the ability to participate in activities that bring pleasure and value to life. Damages can be sought for losing the ability to engage in hobbies, recreational pastimes, career aspirations, and quality time with loved ones. The extent to which life has been diminished due to new physical restrictions or pain levels affects the valuation.

Loss of Companionship

For severe injuries that leave a person hospitalized or incapacitated for long periods, damages can also be claimed for loss of companionship. This refers to missing out on family time with a spouse, children, or parents during recovery and rehabilitation.

Punitive Damages

In cases of gross negligence or intentional harm, punitive damages may be rewarded as a way to further punish the at-fault party’s behavior. Unlike other damages meant to compensate victims, these are focused on penalizing actions like drunk driving or assault to discourage similar misconduct in the future.

Non-economic damages require you to present solid evidence of the trauma, limitations, and losses experienced in order to justify a high monetary value. It is more ambiguous than economic damages, often relying on testimony from the injured party, medical experts, and personal connections like family. The intangible suffering caused by an injury is your main backing for claiming these damages.

Get Legal Help Maximizing Your Claim

Suffering an injury can take both a physical and financial toll. To have the best chance at maximum compensation, make sure to clearly document all medical expenses, lost income, property damage, and detail the pain and suffering experienced in a personal injury journal. Consult with a qualified personal injury lawyer to fully understand what types of damages you may be entitled to. An experienced attorney will handle negotiations with insurance companies and advocate for fair compensation if the case goes to trial. Do not leave money on the table – get professional legal help seeking the maximum economic and non-economic damages warranted by your unique situation.

If you’ve been involved in an accident that wasn’t your fault, contact us today. You can visit one of our offices at:

  • 10 Commercial Blvd, #206 Novato, CA 94949
  • 75 Broadway #202, San Francisco, CA 94111
  • 3558 Round Barn Blvd, Suite 200, Santa Rosa, CA 95403

Or call us today for a free consultation on (415) 897-4801.

When a loved one dies due to the negligence or misconduct of another party, the surviving family members may wish to pursue compensation by filing a wrongful death lawsuit. However, wrongful death claims must adhere to time limits known as statutes of limitations. Understanding these statutes is crucial for preserving your right to take legal action.

What is a Statute of Limitations?

A statute of limitations sets a deadline for initiating a lawsuit. These deadlines vary by state and according to the type of claim being filed. In wrongful death cases, the statute of limitations ranges from 1-6 years in most states. The clock starts ticking from the date of the person’s death.

If you fail to file a claim within the specified time period, you forfeit your right to sue. The statute of limitations is an affirmative defense, meaning the defendant can request a dismissal based on your lack of timeliness. It is meant to encourage the quick resolution of claims and prevent evidence from fading over time.

How Long Do I Have to File?

As mentioned, each state sets its own statute of limitations length for wrongful death lawsuits. Some examples are as follows:

  • Florida – 2 years
  • New York – 2 years
  • Texas – 2 years
  • Illinois – 2 years
  • Pennsylvania – 2 years
  • Ohio – 2 years
  • Georgia – 2 years
  • North Carolina – 2 years
  • Michigan – 3 years

A few states have longer statutes of 4-6 years, while Indiana and Massachusetts have just 1-year time limits. Consult us to verify the deadline in your state, but in our home state of California, the statute is two years.

When Does the Clock Start Ticking?

The statute of limitations clock begins running on the date of the deceased person’s death. The deadline is based on this date, not on when the negligence occurred or when it was discovered. This highlights the urgency of consulting one of our wrongful death attorneys and exploring your legal options quickly after a loss.

Are There Any Exceptions?

In some cases, exceptions can “toll” (pause) the statute of limitations and provide extra time:

  • Minors – The deadline may be extended until a grieving child plaintiff reaches adulthood.
  • Discovery rule – The clock may run from the date the wrongful death was or could have been discovered, rather than the date of death.
  • Fraud/concealment – If vital information was concealed, the statute may be tolled.

Determine if any exceptions apply in your case before assuming you’ve missed the deadline. We can request the court apply an extension.

Strict deadlines make early legal assistance essential in wrongful death cases. Consult a qualified personal injury attorney from Rush Injury Law right away to discuss your options and preserve your loved one’s right to justice. With compassion and dedication, we can guide you through this difficult process.

Visit our offices at:

  • 10 Commercial Blvd, #206 Novato, CA 94949
  • 75 Broadway #202, San Francisco, CA 94111
  • 3558 Round Barn Blvd, Suite 200, Santa Rosa, CA 95403

Call us today for a free consultation on (415) 897-4801.

Riding a bicycle offers many benefits – it’s good exercise, environmentally friendly, and can be a fun recreational activity. However, cycling also comes with risks, as bike riders share the road with much larger and faster-moving vehicles. Accidents can happen in an instant, leading to serious injuries or worse.

To stay as safe as possible, it’s important for cyclists to be aware of the most hazardous situations they may encounter. This allows you to take precautions, be alert, and handle the dangers properly. Here are ten of the most dangerous circumstances for those on bikes, along with tips on how to get through them safely.

1. Sharing the Road with Busy Traffic

Perhaps the most universally perilous scenario is simply riding alongside heavy traffic. Motorists are often distracted, impatient, or fail to notice bicyclists. Sudden lane changes, cars pulling out in front, or high speed traffic can lead to disastrous collisions.

When sharing the road, maximize space between yourself and vehicles. Ride in designated bike lanes whenever possible. Use flashing lights and reflective gear to stand out. Make eye contact with drivers and be prepared to brake. Avoid roads and times with congested traffic. Follow all traffic laws and signs.

2. Dangerous Intersections

Intersections with traffic lights or stop signs are high-risk areas, as multiple vehicles cross paths and may fail to yield. Drivers can run red lights or stop signs, turn into oncoming bikes, or block crosswalks.

Approach intersections with extreme caution. Slow down, cover brakes, and scan all directions for oncoming cars. Make your intentions clear with hand signals. Wait for vehicles to fully stop before proceeding. When possible, make eye contact with motorists to ensure they see you. Avoid riding alongside cars or in blind spots.

3. Speeding Downhill

While coasting downhill can be thrilling, high speeds make control difficult. Excess speed reduces reaction time to hazards ahead. It also adds force to potential impacts, increasing the severity of injuries.

Control speed by intermittently braking when descending steep hills. Do not use handles or aero bars going downhill. Make sure to wear a helmet. Remain alert for changing road conditions or obstacles ahead. Avoid extremely curved or pothole-filled roads. If your speed becomes uncomfortably fast, pull off the roadway and stop until it’s safe to continue.

4. Dangerous Passing

Being passed by faster vehicles is inevitable. But motorists can misjudge distance and clip handlebars or sideswipe bikes. Sudden passing on narrow roads or high speed passing can knock bicyclists off balance.

Hold your line when vehicles are overtaking. Do not move left or right unexpectedly. Pull off the roadway if a passing car leaves insufficient space. Use a mirror to monitor passing vehicles. Maintain a slower speed on narrow shoulders. Wear bright clothing to be visible. Passing multiple bicyclists? Wait until the full group has passed.

5. Car Doors Opening

Parked cars pose a hazard, as drivers can open doors into the paths of cyclists. Known as “dooring,” this can knock riders into traffic or cause serious falls. Bicyclists may be tempted to ride close to parked cars to avoid traffic, increasing chances of impact.

When passing parked cars, ride outside the door zone. Scan inside vehicles for movement. Slow way down or stop if you anticipate a door opening. Drivers should use the hand farthest from traffic to open doors. Look before opening fully. Cyclists should ride at least 3 feet from parked cars. Use bike lanes when available.

6. Poorly Maintained Roads and Trails

Potholes, broken glass, storm debris, loose gravel, protruding grates, and other roadway hazards can lead to crashes, punctured tires, or flipped bikes. Poorly maintained off-road trails also pose risks like downed trees, eroded hills, and obscured holes.

Scan ahead for any roadway hazards and avoid them. Report recurring problems to transportation departments. Learn to safely ride over obstacles when unavoidable. Use wider tires with some tread and keep tires properly inflated. Reduce speed and grip breaks on gravel or dirt trails. Avoid using roads or paths with large hazards that can’t be navigated.

7. Inadequate Bike Handling Skills

Lack of bicycling skill and experience can lead to mishaps, especially amid traffic. Insufficient braking, steering, balancing, or obstacle avoidance abilities could cause accidents. Children and casual riders are at high risk.

Take a bike safety course to hone your skills. Practice braking, scanning, signaling, balance, and scanning. Adjust seat and handlebar height for proper control. Use brakes properly, front brake for gradual stopping and rear for quicker. Keep both hands ready near the brakes when in traffic. Walk the bike across extremely hazardous intersections.

8. Biking While Distracted

Talking on phones, texting, listening to music, or anything that diverts attention can compromise safety while biking. Reacting to sudden dangers becomes nearly impossible. This includes distracted driving by others as well.

Never use phones or headphones when cycling. Pull off the road if you need to text, call, or change music. Keep your eyes and ears open. Use voice directions if absolutely necessary. Be very cautious around distracted pedestrians. Warn others if you see distracted drivers.

9. Not Following Bike Laws

Disobeying traffic laws can infuriate drivers and lead to collisions. Running lights or stop signs, weaving through traffic, or riding against flow are all extremely dangerous. Drivers don’t expect bikes to break laws.

Obey all signs, signals, and lane markings. Stop and look both ways at intersections. Use hand turn signals. Ride with traffic, never against it. Pull off roads if paths become unsafe before breaking laws. Walk bike across intersections if uncertain. Set an example for children on bike laws.

10. Fatigue While Riding

Riding a bicycle is exercise, and fatigue inevitably sets in. However, exhausted cyclists can lose coordination or the ability to react quickly. Nighttime or long-distance rides increase fatigue dangers.

Know your limits and don’t overdo distance. Take regular breaks to rest and refuel. Maintain your bike to prevent mechanical problems from tiring you out. Use flashing lights when riding at dusk or night. Stop and rest if you feel especially tired. Walk the bike once exhaustion becomes severe. Avoid roads with high speed traffic when fatigued.

Seeking Help After A Bicycle Accident

If an accident does occur, seek medical help immediately even for seemingly minor injuries, which can worsen over time. For legal help determining fault and pursuing compensation for injuries or damages, contact an experienced bicycle accident attorney. A lawyer can manage insurance claims, negotiations, and litigation so you can focus on recovery. They will determine negligence and actions that contributed to the accident, pursue fair compensation, and protect your legal rights.

If you’ve been involved in a bicycle accident, contact us today to see how we can help.  You can visit our offices at:

  • 10 Commercial Blvd, #206 Novato, CA 94949
  • 75 Broadway #202, San Francisco, CA 94111
  • 3558 Round Barn Blvd, Suite 200, Santa Rosa, CA 95403

Or call us today for a free consultation on (415) 897-4801.

 

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