Modesto Injury Lawyer Blog

As the Memorial Day Weekend approaches, it is vital that drivers and passengers in Modesto wear their seat belts every time they get in a vehicle. Typically, holidays are times when law enforcement steps up seat belt vigilance with "Click It or Ticket" programs that target drivers who aren't buckled up. This is because the holidays are times when the numbers of drunk and distracted drivers increases to year-high levels.

According to AAA, more than 32.1 million Americans will travel over Memorial Day weekend this year. This number is up 5.4% from 2009. With busy roadways and possibly messy weather conditions in parts of the country, seat belt safety should be a top priority. And it's not enough to simply rely on air bags, says the National Highway Transportation Safety Administration. According to the NHTSA, "If you don't wear your seat belt, you could be thrown into a rapidly opening frontal air bag; a movement of such force could injure or even kill you." Passengers in the back seat are similarly in danger from side-impact air bags as well. Seat belts saved over 13,000 lives in the U.S. in 2008 alone, cites the NHTSA.

Memorial Day is also a time when many people take buses and trains to destinations throughout the country. Boats, motorcycles and ATVs are also popular recreational vehicles used around Memorial Day and through the summer months. While all of these forms of transportation can be safe, there are inevitably going to be accidents. It pays to safeguard yourself and your family by buckling up whenever and however you travel.

If you or someone you love is hurt in an accident, you must talk to a qualified Modesto personal injury attorney right away. An attorney can listen to your case and evaluate whether or not you may be able to collect damages for your injuries. Holidays are great times of the year, but it's always important to keep safety in mind at all times.

Personal injury lawsuits in Modesto often involve auto accidents, although personal injury attorneys can represent a variety of cases that fall under this category. Dog bites, slip and falls, defective products, food poisoning and property injuries are just some of the many other types of personal injuries. Some accidents can be pursued in a legal manner to recover damages for the victims, while others aren't severe enough to warrant litigation.

If you or someone you love has been injured by the negligence of another person or party, you likely have questions. Here are some Frequently Asked Questions regarding personal injury claims:

Q: Will I have to go to trial?
A: In most cases, no. Approximately 95% of personal injury cases are settled out of court before they ever reach trial.

Q: How much can I recover for my injuries?
A: There is no minimum or maximum amount for personal injuries, and the amount you can receive depends on the severity of your injury; whether or not you have lost work or the ability to work as a result; and the costs of your medical care.

Q: What is negligence?
A: Negligence is the failure to act in a reasonable manner in any given situation. For example, if you know your dog is vicious and you let people on your property with the dog unchained, you are likely responsible for injuries caused.

Q: What is contributory negligence?
A: Your settlement may be reduced if the other party can show that you contributed to your injury in any way through negligence on your part.

Q: When should I agree to settle?
A: Working with a Modesto personal injury attorney, you can decide the best time to settle, but it is usually when you have determined the extent of your injuries as well as the need for further medical attention. To act before this could cause you to lose out on future damages.

According to the National Spinal Cord Injury Statistical Center, 41.3% of all spinal cord injuries (SCI) in the United States since 2005 were caused as the result of motor vehicle accidents. The center cites that 57.5% of people who were victims of these accidents were employed at the time of their injury. After a year of recovery, only 11.6% of those people were still employed.

The severity of spinal cord injuries often takes a heavy toll on quality of life for many victims. Not only is the ability to work drastically reduced or even eliminated, but earning potential is also greatly affected, even after victims return to work. The study found that 20 years after spinal cord injury, more than 20% of victims were permanently unable to return to work.

Especially for older workers, single parents and people who are financially responsible for minors or dependants, SCI can be devastating both physically and financially. That's why it's so important to hire a lawyer to represent you if you've been injured due to someone else's negligence on the road or anywhere else. Slip and falls, workplace injuries and product defects can all cause spinal cord injuries and responsible parties are legally obligated to pay for your medical expenses and other costs when you've been hurt.

Hiring a lawyer in Modesto for your personal injury case is an absolute necessity after a traumatic injury like SCI. The insurance companies have lawyers working hard on their side to deny you benefits, so it's vital that you have a professional legal representative to fight for your rights. Remember, pursuing damages for your injury is your entitlement under the law.

Traumatic Brain Injury, or TBI, is a serious condition that can occur as the result of a personal injury. Motor vehicle accidents are the most frequent cause of TBI in Modesto and across the nation. According to the results indicated by trials in a recent TBI study by Theresa Pape, a research scientist and professor at Hines VA Hospital and Northwestern University, respectively, familiar voices to victims of TBI may help them recover faster.

The study found that when people suffering from TBI hear voices that they recognize, test results show that they have a spike in brain activity. In trials, even severely damaged neural networks in the brain of vegetative victims were more responsive to familiar voices during MRI scans than those that were exposed to only non-familiar voices. During the scans, familiar voices sparked brain activity that showed up as bright yellow and red indicators across the brain, whereas there was little of this activity during exposure to non-familiar voices.

Pape submits that repeatedly hearing familiar voices of loved ones, family members and friends can actually help TBI victims' brains repair themselves faster. In TBI cases, thick white fibers called axons are shred after an injury. Pape hopes that the brain activity sparked by familiar voices will help heal that damage to help patients recover faster and with more success. Pape also hopes that the results of her study will help provide solace to family members who talk to their loved ones while they are in comas and wonder if the patients can hear them.

Although promising research is increasing the chance of survival for many victims of TBI, the majority of severe cases are still very damaging to the wellbeing of the victims. 16 to 24 year-old males are most at risk for traumatic brain injury in the U.S. In addition to motor vehicle accident victims, soldiers and athletes are most likely to suffer TBI. According to Pape, TBI occurs every 21 seconds in the United States, and one-third of those injuries is considered severe.

If you or someone you love has been the victim of a motor vehicle accident or other accident that has caused a traumatic brain injury, contact a Modesto personal injury attorney right away. You may be able to receive compensation for your injuries, medical expenses and pain and suffering.

May 16 to May 22, 2010 is National Dog Bite Prevention Week across the U.S. If you're heading out to a dog park in Modesto this month, it's important to consider your safety and the safety of your pet while you're at play. Dog parks are great places where owners and their pets can enjoy an open space for fun. Most dog parks are leash-free zones in which dogs can play freely without restriction. Although most interactions in these environments are incident-free, dog bites to people and other dogs do occur more than you might realize.

According to the Centers for Disease Control (CDC), dogs bite more than 4.7 million people each year in the United States. Of those injured, 800,000 people seek medical attention and 386,000 require treatment by emergency room staff. Only about 16 Americans die from dog bites, but many of those injured are small children.

So who's liable if you get bitten? Although cases vary greatly in circumstance and severity, the same rules apply to dog parks that apply when you're on someone's personal property: the owner is typically responsible for injuries caused to another person. Dog parks are leash-free havens, but they're not unincorporated territories in which anyone can be injured without repercussion! Even if there are signs that say "Enter at Your Own" risk, you do not necessarily waive your right to safety when you're in a dog park.

If a dog has bitten you at a dog park or anywhere else, it's important that you contact a reliable personal injury lawyer to represent you. You may be entitled to damages for your injuries, loss of wages or other expenses. Similarly, if you're being accused of causing an injury to someone else, you need superior representation to fight for your rights.

With the rise in accidents due to distracted driving across the United States, insurance companies are now asking some customers to submit their phone records to determine if they were using a cell phone at the time of an accident. These records are then being used to determine fault. As a result, customers may see a rise in rates, denial or underpayment of claims and even policy revocation.

Although insurance companies cannot legally obtain your phone records without a court order, there have been reports of customers being asked to divulge their phone records voluntarily. The insurance companies tell the customers that they will be able to subpoena them in court anyway (true) so they should just hand them over (not true). Unless you are directed by a court or the police to hand over your cell phone records, you have no legal obligation to do so.

Why Are Insurance Companies Doing This?
Although there is no nationwide policy against cell phone use while driving, many states have adopted laws that make talking or texting (or both) illegal while operating a vehicle. In 2008 alone, nearly 6,000 people died in crashes that involved a distracted driver, according the National Highway Transportation Safety Administration (NHTSA). Further, the NHTSA reports that cell phone use while driving decreases brain activity by 37 percent, increasing your risk of an accident. For all of these reasons and more, insurance companies are very interested in cell phone usage at the time of an accident.

If a distracted driver has injured you in an accident or your insurance company is trying to deny your claim because of cell phone use, you must contact a dependable attorney in Modesto today. These companies have huge legal teams working on their behalf and you should have someone on your side working just as hard.