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Month: October 2015

Children Can Rarely Be “Too Safe” When Crossing Streets?

Map of Golden State
Sliver shot of California Map

We cannot take our children’s safety too dangerous. Many schools have undertaken significant steps to ensure the security. Inside and outside of the children’s school buildings. However, certain steps can be taken to help keep students safer. Parents and those involved in school districts can take part in such an effort.


Easy Steps Schools Can Take to Make Street Crossing Safer

For example, there are several steps that you can take. As a result, safety can increase near and in school crossing zones. At times the reduced speed limit near the zones isn’t enough. But proper police enforcement is a valuable component. Enforcement helps ensure that school zone speed problems stay reduced. The school can also contribute to reducing this through the use of radar control signs. These visible signs are noticed faster by drivers. These signs, if equipped with cameras, provide speeding warning protection. Also, signs and cameras further reduce instances of speeding when used together.

  • Lobbying Caltrans?

Furthermore, the school can work with parents in lobbying Caltrans. For example, they can fight to improve signage and lighting near the zones. Safety will increase by placing reduced speed signs in proper and visible spaces. They should be set approaching either side of the crosswalk. Also, bright lights on the crosswalk can improve the situation.

For example, as the sun sets they light up with a solar panel and battery. So aside from maintenance issues, these lights work all the time. This includes if a blackout happens. Flashing lights can also alert drivers of the school crossing zone. That gives them a greater area in which to slow their vehicle.

  • Does Direct Parental Action Remains Vital?

Parents can also work with the school. For example, they can volunteer to help students cross the street. Presentations can help teach students proper crossing etiquette. And this can make them mindful of their surroundings. These life lessons will stick with these young people for a long time. Also, it will make them safer in many situations. Furthermore, volunteers can become walking school bus volunteers. In fact, volunteers make sure that students are able to get back and forth from school safe.

In conclusion, adult pedestrians and children get in way too many fatal accidents. Due to the fragile nature of kids’ bodies, they need protection. Collision avoidance is the best way to protect from serious harm or death. Help take these important steps to help the future generation.

Citations:

http://www.mychildsafety.net/trafficsafety.html   Child Safety Tips / A Parent’s Helpful Guide

https://curriculum.madison.k12.wi.us/node/868      School Traffic Safety Committee | Curriculum & Instruction

Can I Get Paid for Re-Injury Claims in California?

Young man holding hand on his back and expressing negativity while leaning at the cardboard box
Pain in the back. Young man holding hand on his back and expressing negativity while leaning at the cardboard box

In some cases, clients have suffered a back or neck injury in a car crash. They need money for the accident from insurance. But because of prior injuries, they have concerns with filing a claim.

In particular, they fear low ball offers if they had a previous injury in that same area. In other words, they’re concerned how the prior harm will affect their current claim. Plus they need money to cover the ongoing harm.

In law school, we’re taught the eggshell skull theory of recovery. So this means you take your victim as you find him. Defense attorneys will argue it’s a past injury to escape paying. So how do states deal with this?

California law is penned in a way to recognize injuries. The damages you may recover include those from a prior condition. And this remains true even if the past injury becomes aggravated by the current harm done. Cited cases of with preexisting conditions include Hastie v. Handeland (1969) 274 Cal.App.2d 599, 604 [79 Cal.Rptr. 268]. Under current California law, the plaintiff may obtain a financial award to the full extent that the person’s condition has worsened:

“as a result of defendant’s tortious act.”


Proving the Collision Resulted in Making Prior Injuries Worse

If a crash happens, a prior injury often becomes worse. In fact, it worsens because of the harm suffered in the current accident. But in the claim filed, it is vital to collect supporting evidence. Evidence must show what damage the present mishap caused. This means the re-injury or worsening of a preexisting condition must get documented by a doctor and witnesses.


Why DoesFirst-Hand Hand Information Remain Vital in a Re-Injury Case?

First-hand information comes from the person harmed. It’s done by documenting pain complaints on a pain scale of 1 through 10. It gets taken down by a doctor who treats the injury and or therapy. This becomes documented proof for the pain. Plus, it also records the condition linked with the prior harm and healing.

First Injury and Reinjury

The first injury may have been felt a two on the pain scale. But the other harm could now be an eight on the pain scale. Documentation like this can show the increase in pain due to the current crash. Also, the new harm might link with the preexisting condition. This report should include the activities they were once able to perform. But is should also go over what they find difficult to achieve at present.

This could include work and home activities that you could do. For example, the other harm made it difficult or impossible to continue routine tasks. However, for success, it remains crucial to have proof of the condition. That is from before and after the current harm.


  • Witness Statements Vital?

Statements from family, friends, and co-workers can help. After all, these people are involved in the person’s routine and activities. These people can state how the crash had an adverse effect on the victim’s life. And co-workers in this situation are considered unbiased. Because they have no concern in the successes of the case, they can detail how you were while at work believably. That makes them central to prove the current damages.

In fact, these are people that also know what limits you had before the mishap. They clearly see how the crash has defined your functions in the workplace. This could show evidence that the victim could stand at work for hours. But at present, maybe the victim can stand for 30 minutes and needs to sit.

  • Experts

Also, expert testimony can help the case. In fact, the treating doctor is a true expert. The doctor can provide all records from the prior harm. They also can explain the harm from the new crash. Even if they didn’t treat the first injury, they could review the records. The doctor can testify how the current harm has affected your condition. Also, a radiologist can testify how tests such as MRI’s have changed. Tests from the time before the mishap and after the new harm happened are revealing.

Legal Help

Ehline Law Firm’s attorneys know a large number of victims have had past injuries. If involved in a car accident, slip and fall or another mishap due to someone else’s negligence we can help. Hurting the old injury in a new accident is possible. Since that can happen, this is a time that calls for a lawyer. Lawyers that have expertise in preexisting conditions case litigation remain vital.

Contact the law firm toll-free at 1888-400-9721. Call for a free consultation as possible. Why not discuss your pre-injury condition accident case with our legal pros?

Citation

https://elfpi.com/ – Court of Appeal of Louisiana case and opinions.

http://www.insurancejournal.com/blogs/academy-journal/2015/03/25/360666.htm – Insurance Journal Second Injury Funds: Are They Still Necessary or Just a Drain On the System?

Dealing With the Lingering Effects of Biker Scars

Is There Hope and Treatment for Scars?

Post laceration surgery
Close-up of a man’s forearm laceration and cut area after surgery on the forearm.

For many biker scars are a matter of pride. Even extensive scarring is a rite of passage to show how riders came to maturity. For others, the scars are a reminder of a life well spent with friends, family, and others. Each one has a story. Each one represents a memory. They are some of the bonds with the open road and the understanding that every skill takes time and can cause physical and emotional pain.

Thus, talking about different motorcycle and crash scars can be a different experience. Additionally, each person feels differently about their scars. These badges of honor have many implications, both for the individual and their social life.

How Can Hurt Bikers Seek Assistance?

One of the largest reasons that individuals carry these incredible scars is because they did not seek proper medical care. A medical professional can treat such scarring, even well after the fact. It’s reaching out that is important.

A law firm specializing in motorcycle accidents and injuries, such as the Ehline Law Firm APLC, is a biker’s best friend. We understand the critical issues affecting bikers in the aftermath of such a crash. Our lead attorney, Michael Ehline, is an experienced biker himself. With our help, a biker can receive proper medical treatment, and a means to pay for it.

Don’t go it alone. If the scarring is affecting you– whether emotionally or causing issues with employment, we are there to help. Ehline Law’s experience in Southern California makes sure that motorcyclists are given the time, and most importantly, the respect they deserve.

Take a look at some of the other article on our site to learn about how to stay safe on the road and reach out to us if needed. Thus, Ehline Law is there for you when you need us. We mean every word that we say and stand up for bikers every day. Our team is ready, willing, and able. In conclusion, let us know how we can work together.

Not Wearing a Motorcycle Helmet Can Mean Disaster in Court?

traffic accidents with skid marks on road. photo icon.
An accident with a motorcycle. Traffic accident with skid marks on road photo icon.

California is one of the states with a universal helmet law implemented. What this means is that you have to wear a helmet. And this remains true if you are the one in control of your motorcycle. Or you may have been a passenger sitting behind the driver.

Failure to do so could mean the loss of value compensatory damages.

In some states, you have to wear a helmet on a motorcycle and bicycle. Though, with bicycles, it’s only true if the cyclist is a child. In other states, you might need to wear a helmet as an adult. But it usually only applies if the vehicle is motorized.

But in California, you have to wear a helmet if you ride a motorbike. It’s a surprise all states didn’t choose to make helmets necessary.


What Protections Do Motorcycle Helmets Offer?

Before we get into the explanation of whether helmets offer any protection, we mustn’t forget that California implemented the law in 1992.

A year later the state saw 37% drop in the number deaths caused by motorcycle accidents. It’s known that passengers and drivers have fewer injuries wearing helmets. The data shows helmeted victims receive 69% fewer head injuries. Also, if you ride a motorcycle and don’t wear a helmet, you could get a fine.


You Must Wear The Helmets That Meet The DOT Standards.

The standards that your helmets must meet are called DOT standards. DOT stands for Department of Transportation. If buying a helmet, you must look for a safety sticker. In fact, a sticker that says the helmet meets the DOT standards.

Here is what’s included in these rules:

  • At a minimum, the helmet must have a 1-inch liner on its inside. Though, polystyrene is the primary material in the inner liner. The making of it should include this material.
  • Also, it should be a chin strap on your helmet. As a matter of fact, rivets should be used to attach the straps. This will help the helmet to provide maximum protection.
  • The weight of your helmet should be close to 3lbs.
  • The shell of the helmet must keep your entire head area inside. Your head under the helmet should have that no part of out. Though, the head shouldn’t be out by over than two-tenths of an inch.Helmets that meet these standards protect the motorcyclist. It should become gear worn by motorcycle riders. In California, it’s important to avoid fine from traffic police. These guidelines have become an issue. In fact, helmets that meet these standards promote safety. They, in fact, have proved to offer maximum protection. Helmets protect both the motorcycle and bicycle riders, too.

What If You Are Not Wearing A Helmet And Have An Accident?

A negative scenario can happen if you get involved in an accident. In fact, if you aren’t wearing a helmet it can have severe financial consequences. Of course, if you aren’t wearing a helmet it’s assumed that you chose not to wear one.

However, the important thing to know is that your lawyers can still prove your case. In fact, not wearing a helmet may have no effect on damages caused by accident.

But if you received a head injury, it is the focus of the case. The first thing that’s examined is the severity of the head injury. A severe head injury could disable you. It may cause permanent emotional, physical or mental damages. Again examining the severity of the injuries shows the worth. In fact, it’s used to estimate the amount of compensation you receive.

So injuries may be worse because you weren’t wearing a helmet. But that doesn’t make the negligent party innocent i.e. they were still at fault. It was their negligence that caused the accident.

Whether you are wearing a helmet or not, you will still receive compensation for the following:

  • You will receive compensation for all the medical costs. You will become hospitalized because of the accident. The victim might need permanent care at home. You will have to buy medicines, and a therapist might come as part of the care. Treatment may last some time too. These expenses compensated include the cost of a hospital stay.
  • If you receive a head injury and other physical damages things change. You won’t be able to join your duty straight away. In fact, severe head injuries might cost you your job. This is a loss of income in fact if a job’s lost. It has to become part of the compensation by the negligent party. You will seek compensation based on what you earned before the accident. And the amount you are capable of making after the crash.

More Harm Suffered.

  • Panic attacks, stress, anger and other forms of mental persecutions. So this gets compensated in an automobile accident.
  • Of course, if you have physical injuries it has consequences. You will have to go through severe pain and agony. You can still win compensation if your state has helmet laws, like California. But you remain liable for your own negligence. You will have your recovery offset. Compensation is offset by your degree of fault for your head injury. Most of all, this can kill a pain and suffering claim. Though, in some cases with an unsympathetic jury, it can kill the claim. You must make sure that you’ve received all you’re owed due to the accident. Further, in fact, your lawyer is the one to prove it.
  • Loss of consortium is another equation we must address. If in fact you’re injured, and your spouse suffers the loss of love. Your sexual relation with your spouse could also hurt badly.

The case can have some slight difficulties in some cases. In this case, you got hurt and weren’t wearing a helmet. But, as mentioned above, it doesn’t free the negligent party from its fault. Contact With The Right Lawyers

Communicate with the Right Motorcycle Lawyers

To receive accident compensation for losses and damages, you need personal injury representation. You need a seasoned lawyer for the best outcome. The lawyer will get you compensation. Before letting the case go to the court.

Ehline Law Firm is ready to help with vehicle accident cases. It isn’t your job to think whether you will receive compensation or not. Get the first free consultation with Ehline Lawyers. You will have guidance with care, so you’re solaced for your pain and suffering.


 

Ehline Law Firm Personal Injury Attorneys, APLC

633 West 5th Street #2890,
Los Angeles, CA 90071,
(213) 596-9642

Hours


Sat-Sun: Closed
By appointment only.


Email

Michael Ehline – michael@ehlinelaw.com

Citations:

http://www.nhtsa.gov/Safety/Motorcycles/ National Highway Traffic Safety Administration (NHTSA) Motorcycles

http://saferoads.org/issues/motorcycle-helmets Advocates for Highway and Auto Safety

A Specialized Attorney is Needed for Motorcycle Accidents

A motorcycle accident can lead to life-threatening injuries and trauma. The effects of such an accident can stay with the rider for life, especially if it also caused the injury of a family member or loved one. When trying to pick up the pieces after such a crash, there are many moving parts involved. It is important to choose the doctor and attorney that can best help you put these together again.


A “Motorcycle Accident Specialist” – What is That?

When a patient has a broken bone or head trauma, they often go to the specialist, and with good reason. Going to a physician out of their training and experience can lead to very negative results. This is especially true when dealing with a particular trauma. The concept is very similar when dealing with motorcycle accidents. Making sure that the attorney that you hire is one specialized in motorcycle crashes can be as important as your choice in doctor.


 

Not All Motorcycle Lawyers are the Same

Not all attorneys are the same. Choosing an attorney with no experience with cycle claims can make a very negative difference. An attorney better suited for real estate or divorce law should not be handling your case. The attorney that closed your mortgage should not be representing such a case in court on your behalf. Instead, lawyers that have successfully handled such cases before, armed with the right knowledge of case precedent and recent statistics can be your best bet.

Below you can find some reasons why specialization is so important.

  • Remembering the Anti-Motorcyclist Bias: While this is not the case in every courtroom across the state of California, many times there is an unconscious or unspoken bias against motorcycle riders. An attorney used to such a stereotype can work efficiently to counteract it (Learn more about biased police here.)
  • Specialization with Motorcycle Injuries: Such an attorney is also well apprised of dealing with many common motorcycle crash injuries. These can include road rash, broken and fractured bones, paralysis and lacerations. They can help refer you to the right doctors and in some cases, front the money need for treatment.

There are many factors to consider when hiring an attorney after a chopper crash. A firm like Ehline Law’s experience can be invaluable in getting your life back together, you back on your feet, and on the open road once again.

Let’s work
together

Ehline Law Firm
Personal Injury Attorneys, APLC

633 W 5th St #2890
Los Angeles, CA 90071

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