Personal Injury Law Blogs

Toning Shoes Injuries

Toning shoes, a popular trend among top shoe manufacturers that surfaced and gained worldwide renown in 2010, promise to improve the muscle tone of the calves, thighs and buttocks when worn consistently during regular walking. The curved, rolling soles of this type of shoe cause the wearer to walk unstably, forcing the targeted muscle groups to work harder to keep the body upright and properly balanced.

While the idea may sound like a good one in theory, toning shoes have recently shown that not all intriguing notions are successful in practice. Some of the biggest names in the shoe production business, including Reebok, Sketchers and New Balance, have been forced to pay out millions of dollars in order to settle personal injury claims by customers all over the world.

According to ConsumerReports.org, the majority of injuries sustained by people wearing toning shoes involve loss of balance that leads to a fall, a twisted ankle and chronic pain in the legs or joints. Some cases, however, include reports of fractured bones and tendinitis, both of which may result in the need for corrective surgery if the injury is sufficiently serious. In many reports of injury associated with toning shoes, the wearer was not aware of a significant injury until weeks or even months had passed, primarily due to the fact that the shoes are capable of causing long-term injuries and changes to the arch of the foot that do not present immediately with pain or discomfort. Strained Achilles tendons are another common report among women who had worn the shoes while walking on inclined surfaces, such as a sidewalk or treadmill.

Though research regarding the safety and effectiveness of toning shoes is still ongoing in various parts of the country, the numbers that have been presented thus far are compelling. Many people who have purchased toning shoes and similar designs with comparable advertising campaigns swear by their choice, stating that the unevenly shaped footwear does, indeed, make a difference in the appearance of their legs, buttocks and even abdominal muscles.

Healthcare experts, including podiatrists, however, tend to disagree. In many cases, if the manufacturer’s instructions concerning safe use of the shoes are not followed to the letter, the risk of potential injury is far greater than any beneficial effects that might be noticed after months of wearing the product. The final verdict is that the only proven way to lose weight, gain muscle tone and maintain a fit and healthy lifestyle is to exercise regularly and follow a nutritious diet plan. Any pair of shoes that promises visible, positive results without the need to work out is more than likely an expensive gimmick, Consumer Reports’ experts say.

Diehard fans of this type of shoe continue to support their favorite brands, but even the shoe manufacturers themselves are unable to produce credible research data proving the efficacy of their products. When asked to provide substantial information gleaned from alleged case studies, New Balance, Skechers, Avia, Champion and various other companies consistently refused to comply.

If you or a loved one has experienced any type of adverse effect directly related to the use of toning shoes, you may be entitled to compensation for your inconvenience, pain, healthcare expenses and more.

 

Phillip DeBerard, Injury Attorney is a personal injury law firm located in Florida.  For moreinformation, please visit us at www.flainjurylawyer.com .

Are Pit Bull Dangers Exaggerated?

dog bitesFirst, for the truly freaked out, it bears noting that there is no actual “pit bull” breed. The breed is actually a combination of five, all known fondly as “bully breeds.”

These include not only theAmerican Pit Bull Terrier and the American Staffordshire Terrier, but – according to some dog lovers – the Bull Terrier and the American Bulldog. Some extend the definition of bully breeds to cover the beloved Boxer, the Bull Mastiff and even the French Bulldog, but purists insist only the first two above are true pit bulls.

Other breeds that can be mistaken for pit bulls include the Presa Canario, the Cane Corso, the Dogo Argentino, the Tosa Inu, the Bull Mastiff, the Dogue de Bordeaux, the Alapaha Blue Blood Bulldog and the Olde English Bulldogg(e).

I think that final “e”  is carrying the distinction a tad too far, but the truth is the pit bull was originally brought to America by English immigrants. Not on the Mayflower, however; that honor goes to an English Springer Spaniel and an Old English Mastiff, a giant, short-haired dog with a heavy head and short muzzle – a description which immediately highlights the confusion between pit bulls and other bully breeds.

Among English immigrants, the pit bull was bred from the bulldog, once known as a “gripping dog” for its habit of hanging on to large wild game. Only much later – from the early 19th into the 20th century, for example – was this noble breed bred and trained to participate in a bloody, demeaning sport called “baiting.”

Usually practiced with bears or other wild and innately vicious animals like badgers, baiting was eventually outlawed in the UK, Canada and most of the United States. The exception is Louisiana, where the sport uses hogs as bait and Kevlar, chest protectors and collars to protect the dogs.

Dogs, like other animals, tend to fight with the intention of “making a good show of it” without incurring, or delivering, a great deal of harm. The fighting behavior is almost always ritualized, the idea being to intimidate and drive away the competitor, but this is not an effective strategy if it also involves injuring or killing the winning animal, which otherwise planned to stay in what it considered its territory.

The Fight

Pit bulls, on the other hand, have been bred to replace ritual fighting (little or no bloodshed) with actual fighting, and may as a result bite harder than needed to assert superiority.

This does not mean that they can’t be around other dogs, or humans. Nor are they bloodthirsty and willing to fight to the death. Even among the breed, temperaments differ, as they do among others. The only thing the pit bull’s breeding ancestry insures is that some dogs will be easily encouraged to fight with other dogs.

The way to prevent extraordinary aggressiveness is early and extensive socialization, not merely with other dogs but with other people. Fortunately, the pit bull’s early breeders were as famed for producing dogs that were manageable around people as they were for dogs that would hang on and fight to the finish with bears and the like. To this end, any pit bull that behaved badly toward humans was killed, to eliminate that genetic trait from future generations. This earned them the right to lives in owner’s homes, around other members of the family, and gave them the name of “nursemaid dog” for their gentleness around infants and young children, according to the American Society for the Prevention of Cruelty to Animals, or ASPCA.

After socialization, pit bull puppies must also be trained, and the training reinforced on an almost daily basis. The result is almost always a superbly self-disciplined dog with intense loyalty to its owner and the owner’s family – a dedication which in pit bulls manifests as letting its tail or ears be pulled without a whimper (or even a sotto voce snarl)!

Does this mean you can leave your nine-month old alone on the floor with a pit bull? Probably not, but only because you can’t safely leave your baby alone on the floor with any dog (or cat, for that matter). Any dog can, and will, bite; any cat can and will bite, scratch and claw. Pit bulls, with their massive heads and powerful jaws, bite even harder, and sometimes this biting is done in the same fashion they would bite their own puppies – to carry them back to the nest. Unfortunately, babies don’t have loose skin flaps around their neck.

Hardison & Cochran, Attorneys at law are personal injury lawyers located in Raleigh, North Carolina. For more information, please visit us at www.lawyernc.com

Do Bluetooth Systems in Vehicles Really Cut Down on Distracted Driving?

bluetooth and drivingDistracted driving is becoming a huge problem in the USA. With more people unable to ignore their phones, traffic accidents are on the rise. In fact, texting while driving makes the driver 23 times more likely to be involved in a crash. While 93 percent of drivers recently surveyed said they would support a ban of handheld devices in cars in the USA, a shockingly high percentage of people have admitted to using their phone while driving. Bluetooth systems are available, but do they really cut down on distracted driving? Read on for more information.

What is Distracted Driving?

Distracted driving is when a driver engages in an activity that is unrelated to driving and distracts their attention away from the road. Distractions can be cognitive, visual, or manual, or a combination of the three. Visual distractions are anything that takes a driver’s eyes off the road, such as reading a roadside sign. Manual distractions are any activities or events that cause a driver’s hands to leave the wheel, such as unwrapping a snack. Cognitive distractions will pull a driver’s attention and focus away from the road, such as a child’s tantrum in the car. As you can see, it’s not just technology that causes distracted driving. However, texting causes visual, cognitive, and manual distraction, making it especially dangerous.

How Do Bluetooth Systems Help?

Bluetooth systems do help decrease the risk of distracted driving. Bluetooth enabled headsets, GPS units, and even car decks are now available by high-profile companies such as Motorola and Garmin in order to help drivers avoid in-car technological distractions. Bluetooth devices still allow drivers to answer urgent calls or texts but in a way that won’t result in manual and visual distractions. Many products have voice recognition features meaning no touching is required and two hands can be kept on the wheel. The bonus is that clip-on Bluetooth systems are rarely over $100.

Many new cars these days are enabled with Bluetooth hands-free systems. With a system already built into a car, a driver’s eyes won’t have to leave the road for even a second.

Are There Drawbacks to Bluetooth Systems?

Research done at the University of Alabama in Birmingham has shown that Bluetooth devices cannot eliminate the risk of distracted driving. While Bluetooth systems can help reduce visual and manual distraction, they can still cause cognitive distraction; a phone conversation could pull a driver’s thoughts away from the road. No Bluetooth system can make a driver immune from being in an accident. The study suggests that the only way to eliminate the risk of distracted driving is to ban Bluetooth systems as well.

Studies from Virginia Tech have shown that when a driver takes their eyes off the road for even a few seconds, their chance of being in an accident increases by 80 percent. Your driver’s education classes might seem like a long time ago, the reality is that driving still requires concentration and vigilance. While Bluetooth devices can help eliminate distracted driving, these systems cannot prevent it. Common sense and caution must always be used when behind the wheel in order to keep you, and others, safe on the road.

If another person’s negligence while driving caused an accident that injured you or a loved one, you may have a case. Hardison & Cochran, Attorneys at law are personal injury lawyers located in Raleigh, North Carolina.  For more information regarding what to do if you have suffered as a result of a distracted driving accident, visit the website at www.lawyernc.com

Procedure for Handling Victims Claim Complaints

Victims who have undergone trauma because of any fatal incidents due to the negligence of others, they decide to seek advice of professionals for claiming for financial and health loss. Complaints are expressions of dissatisfaction by clients. Victims does complaints to professionals against their suffering relating to the service and experience the solicitors provide.

Based on the procedure the way complaints are handled, many clients encounter frustrated with the service they have acquired and are aggravated by the way their claim has been handled. The way client’s claims are managed can make all the difference in maintaining their association with clients. Handling victims complaints effectively, that actually raise the service offers to the solicitors which helps to nurture client commitment and positive testimonials. Indeed there is chance of loosing customers and negative advertising is created for not handling the complaints properly.

As a professional you need to evaluate each victim case independently to determine the need for any compensation. It is a solicitor to consider how serious the issue is, and most importantly, according to the client’s perspective. Indeed make sure that solicitor team associates are qualified to deal with clients sensitively and properly, and where necessary, can take activity to deal quickly with a problem.

It is an effective way for any solicitor to record complaint in central register and then open a separate file for complaints that include the details of the victim claim. It is also very essential for the complaints should be in written form if any aspects of their complaint are deemed to be outside of chambers’ complaints handling procedures.

After taking record of victims claim complaints solicitors must let him know the name of the person who will be dealing with the complaint within a day of receiving the complaint, then start to investigate against complaint.

Within three days of the victim’s complaint, the solicitor has to pass the complaint to the Client Care department, where an expert will examine the matter and the information in, if required he make discussions with the appointed solicitor and even with victim.

And within four weeks of receiving a complaint, a final response which will be sent to the client addressing the complaint in positioning the complaint whether to resolve or not.

The attorney assigned against the client complaint will not work on your case alone. They’ll be managing the case on a day-to-day basis and they’ll be who you cope with. Mostly attorneys work on a team base so that, during your lawyer’s absence your concerns can be responded to and your claim will be further progressed in the most efficient manner by other team members who will be able to tell you what is happening in your case, what activities are in-hand and organized and what happens next.

This is an issue published recently based on a scenario for misleading a citizen Richard Herman from Middle sex to make a claim who has not had an accident and he has never taken out PPI with phone calls and text messages by one of the companies informing him they could help him declare settlement after a car accident or claim back investment property on mis-sold ppi, or PPI as it’s known.

Considering this the victim registered with the Telephone Preference Service (TPS), for stopping unwanted sales calls. Later the AAC, company which had called Mr Herman on behalf of PPI Claim line, paid him £195 for his time and electricity, as well as his £25 court costs.

This means the firms that mislead with their sales promotions are also entitled for law breaking and claiming.

Gadlaw’s No Win No Fee ensures that no solicitor fee is incurred if you do not win your accident claim.

Car accidents can be very traumatic and can affect financially. To reduce financial stress car accident injury claim is necessary.Visit us to learn more about this service.

Texas Distracted Driving Statistics for 2012

car accidents

Despite numerous safety features in vehicles these days, traffic fatalities remain to be a problem across the USA. Each state has different laws regulating the use of cell phones while driving; including texting, talking, or the need for a hands free device.  Texas in particular is a state that sees a high rate of fatalities due to distracted driving, but according to the its state laws, texting while driving is not illegal under most circumstances. Below are some statistics on distracted driving in Texas, which should encourage all drivers to remain cautious and vigilant while behind the wheel. While the statistics are up to date, keep in mind that statistics for the whole of 2012 have not yet been released.

Driving Fatalities in Texas

This year so far, Texas has seen 2,545 car-related fatalities. In 2011, Texas had a total of 3,048 car-related fatalities. There can be as many as 10 crashes a day in Texas, and there has been at least one fatal car accident per day since 2000. Shockingly, the last day in Texas without a car-related fatality was November 7, 2000.

Last year, close to 30 percent of the 2,545 car-related fatalities were the result of drivers and passengers not wearing seatbelts. Close to 35 percent of the fatalities were due to alcohol, and 14 percent of the fatalities were because of distracted driving.

Fatalities Related to Distracted Driving

Distracted driving can affect a driver’s reaction time to make it as slow as a 70 year old’s reaction time. In Texas, teenagers are the drivers who are most inclined to talk on a phone or text while driving. In a recent survey, 56 percent of drivers aged 16 to 19 admitted to talking on a phone while driving, and 13 percent admitted to texting while driving. Actual numbers could be even higher than this.

Last year, more than 81,000 crashes were caused because of distracted drivers and 21 percent of fatal crashes with drivers aged 16 to 19 were the result of cellphone usage. Of these crashes, 361 were fatal. Driving while talking on the phone or texting makes a driver 23 times more likely to crash.

Using Phones While Driving in Texas

Right now, in Texas there is no state ban against texting while operating a vehicle. There is unlikely going to be a statewide ban on texting while in a car until midway through 2013. When the ban does come into play, there will likely be a $200 fine.

Right now, Texas law states that drivers under the age of 18 are not allowed to use any wireless devices while operating a vehicle. Of course, as shown by the statistics, teenagers are ignoring this restriction. Additionally, drivers with a Learner license are not allowed to use a handheld phone for the first 6 months that they have this license, school bus drivers are not allowed to use a phone while driving if children are in the car, and no drivers can use a phone while in a school crossing zone.

Distracted driving statistics are particularly shocking in the state of Texas, especially considering the number of young drivers who are ignoring restrictions and putting themselves, and other drivers, at risk. Keep these distracted driving statistics in mind the next time you pull out your phone while behind the wheel. Be cautious, follow road rules, and stay safe while on the road.

If you or a loved one were injured in an accident that was caused by distracted driving, it is important to seek legal representation to evaluate your case.  Roberts & Roberts Law Firm is a Texas law firm with a team of professionals focused on car accident cases.  For more information about driving distractions and car accidents, visit the website at www.robertslawfirm.com.

Why Your Company Needs a Distracted Driving Policy

You own a small business and have the employee handbook, sexual harassment policy, and time off requests readily available. An often overlooked document that can save your business—and lives—is a distracted driving policy.

This isn’t just for businesses that depend largely on transportation, though if you own a trucking, delivery, or logistics company, there’s a good chance you have this policy in place. Or maybe you just include “distracted driving” as part of the general driving policy. However, what about the non-profit organization who occasionally sends the receptionist to the bank? What if the employee is texting at the wheel—while on the clock?

Protect Your Employees

Distracted driving is just as dangerous as being legally drunk behind the wheel. Checking one text takes someone’s eyes off the road long enough for them to drive the length of a football field if they’re on the highway. A lot can happen in that time, and it’s your responsibility to keep your employees safe. This means even if they’re running a quick errand, like picking up the brochures from the printer.

Employees might think of running an errand as a sort of break from work. It can even help their overall performance to get a little fresh air. However, they’re still on the clock for you, and you have to keep them safe. Having this policy in place, and sending regular reminders, can help safeguard your employees.

Protect Yourself

You might be blamed if an employee gets into an accident while working for you—even if they were in the wrong. What if Jim in PR is texting at the wheel on the way to sign an event space for your business? You just might get blamed if you don’t have a distracted driving policy in place. It can get really ugly if he was texting you or one of your managers with a question.

Hopefully you have solid insurance and a great business attorney to help you out in these situations. However, it’s best to prevent these problems to begin with. It doesn’t matter if your employees are in the company car or their own vehicle. You can’t be too safe when sending them on the road.

It’s Not Just On the Job

Let’s say your employee might be running late to work. They text you on the way, and get into a fender bender. They might not technically be on the clock, but they’re still on their way to work. What if they blame you for their distraction? Even if they lose a lawsuit, it still costs you money to fight it.

Having a distracted driving policy helps keep everybody safe. It can help set priorities (such as safety first) and save you money. You know how dangerous texting, talking on the phone, and eating behind the wheel can be. Make sure your employees know, and that they agree to certain rules behind the wheel.

Signs of a Tired Truck Driver: Avoiding an Accident Before it happens

Safe travel is dependent on multiple factors. The main two factors being your driving and the driving of the other motorists with whom you’re sharing the road. Especially when you are travelling long distances along the interstate highway system, you will most likely be travelling amongst large semi-trucks. The reason for this is obvious; the trucking industry is big. According to the United States Department of Labor, there were 1.6 million heavy and tractor-trailer truck drivers working in the United States in 2010. That number is expected to increase 21% by the year 2020. The commercial trucking industry logs a total of about 415 million miles annually and accounts for around 11% of all registered vehicles, according to the American Trucking Association.

While the trucking industry provides a great service by delivering the majority of the goods we consume, driving along side of large semi-trucks can be nerve racking. Due to the size of the trucks and the amount of miles driven by the truck drivers, extra safety precautions are necessary.

The Federal Motor Safety Carrier Safety Administration provides clear guidelines that drivers should follow. However, one major concern is making sure that drivers get an adequate amount of sleep to ensure that they’re driving attentively. Drivers are required to keep a log book to record their driving hours and their sleeping hours and are required to provide their documentation to government inspectors upon request.

Here are a few signs of a tired truck driver that could assist you in avoiding a collision.

Driving in a zigzag pattern-

Alert drivers drive along the road smoothly and stay centered in the driving lane. Studies have shown that fatigue will cause drivers to move the steering wheel unnecessarily causing the vehicle to move in a slight zigzag motion.

Drifting in and out of the lane-

Gradually drifting through the lanes is a sign of impairment and/or fatigue.

Failing to maintain a steady speed-

If a truck driver is falling asleep, it is very likely that they will appear to be speeding up and slowing down sporadically for no apparent reason. This can be due to a reduced awareness of the cause and effect relationship between their foot and the gas pedal.

Tailgaiting-

If a truck driver is following your vehicle too closely, they may be impaired due to fatigue.

Long reaction times-

Examples of this include:

  • Sitting for too long at a stop sign
  • Not driving ahead after a red light has changed to green
  • Slamming on the brakes due to a stop sign or red light.

Your best defenses against the dangers of sleep deprived truck drivers are to always wear your seat belt and to make sure you are alert while driving.

Other defensive driving techniques you can utilize:

Allow plenty of distance between your vehicle and semi-trucks. If there is a truck driver behind you on the road that you suspect is impaired, let them pass you and then make sure to stay behind them.

Use extra caution at intersections. Check and double check to make sure that there are not any vehicles approaching. In fact, optimizing hardware, like the some best trackers for fleets, would pay dividends in road safety.

Always remember that you can and should notify law enforcement if you witness what you believe to be an impaired driver of any kind. As a truck driver, you can learn an ocean of ways to prevent road mishaps when you undergo training like that hgv training.

If you have been involved in an accident with a tractor-trailer or large truck, seek legal representation as soon as possible.  Rode Law Firm is a truck accident law firm located in Oklahoma.  For more information about semi-truck/tractor-trailer accidents, visit the website at www.TruckAccidentLawyerOK.com.

Driver Sought in Fatal Hit-and-Run in Anaheim

January 1, 2013—Anaheim, California—A search has been instituted by Anaheim authorities for a driver believed to be responsible for a man’s death near the 91 Freeway. The victim, a 78-year-old man, was struck by a driver who fled the scene, according to ABC News.

The victim was crossing the street in a crosswalk on the Imperial Highway around 10:30 p.m. when he fell to the ground for unknown reasons, according to witnesses. One vehicle stopped to yield the right-of-way to the man, but a second vehicle struck him then left the scene. The victim’s identity has not been released, but he was pronounced dead at the scene of the accident.

The vehicle that hit him was described as a small compact car. The vehicle initially stopped but then sped away, according to witnesses. Police are asking anyone with information on the accident to come forward.

Witnesses who prefer to remain anonymous can report tips through the Hit-and-Run Reward Program by calling 1-800-644-8678 or visiting the website at www.bestattorney.com/hitnrunreward. There may be a cash reward of up to $1,000 available for information that leads to the arrest and conviction of a hit-and-run driver.

Hit-and-Run Statistics are Startling

Los Angeles has a hit-and-run accident rate four times higher than the national average, according to a recent report. Hit-and-run drivers account for one in five fatal accidents in the Los Angeles area, and the report blames unlicensed drivers for the vast majority of these crimes. According to the report, these drivers flee the scene in at least half of all accidents in which they are involved.

Unlicensed and uninsured drivers are far more likely to flee the scene of an accident due to fear of repercussions if they are caught. Drivers with criminal records and outstanding warrants are also much more likely to hit a pedestrian or another driver and attempt to escape.

No matter what the reason for a hit-and-run driver’s actions, the damages left behind are inescapable. Many people suffer physical and emotional trauma or lose loved ones permanently as a result of the negligence and carelessness of a hit-and-run driver, although it may be difficult to hold the driver accountable if witnesses do not step forward to identify him or her.

Liability Issues in Hit-and-Run Accidents

Hit-and-run drivers do not just cost the county and state money, although this is certainly an important factor in hit-and-run accidents. More importantly, the victims of a hit-and-run accident are never able to confront the driver if he or she is not caught. This means that, for a victim or a surviving family, the driver will never have to face the responsibility of the accident.

However, if the driver is caught, the victim of a hit-and-run accident can sue for damages. If the driver is not caught, the victim’s own insurance company may be made to pay some or all of the costs of the accident. Victims of hit-and-run drivers often need the advice of a personal injury attorney in order to recover damages, as these cases can become very complicated.

The New Electronic Portal Proposals Unwarranted

Guest blog post regarding the new RTA portal scheme.

The Government is looking to extend the scope of the Road Traffic Accident (RTA) portal scheme. However, many solicitors feel that these changes are ill advised and that their concerns have not been taken into account. What are these changes and how will they impact on the claims process?

The portal scheme to deal with claims for RTAs was introduced in 2010 and can currently be used for cases up to the value of  10,000. However, the Government’s proposals want to widen the portal’s scope to encompass all claims below 25,000 and to include employer and public liability claims. These changes are due to be enforced in the first half of 2013, but there has been widespread anger amongst lawyers who feel the system isn’t suitable.

Government Adviser against the Idea

The Ministry of Justice commissioned Professor Paul Fenn of Nottingham University to produce a report on the portal and the potential impact of these changes. He advised that any changes should only be implemented following a review of the small claims process which is due in 2013. There should also be a further review of how the portal is working in 12 months, following the changes to referral fees. He argued that since the portal was introduced, compensation awards have actually reduced by 6%. Prof Fenn also disagreed with the use of the portal for liability claims, stating that it would have little effect on the speed these were dealt with, as many of them will be contested which automatically stops the use of the scheme. Despite this report, the Government is still keen to push forward with the changes.

Changes will Impact the Industry

Solicitors who work regularly with the portal feel that the Government should be working on making the current system suitable before they extend the usage. Many of them already face technical issues with the electronic portal and want these difficulties ironed out rather than taking on more work.

Their arguments focus on the need for bespoke versions of the portal for other types of claims, rather than trying to retro fit it to liability work. There are complex differences between car accident claims in Liverpool or elsewhere in the country and those for employers and public liability, which would make the use of the portal void. The way that they find insurance companies and the use of medical reports varies. There are also more contested claims with liability issues, which mean a claim would be thrown out of the portal system anyway. Since the portal was introduced there has been an increase in the speed with which some claims have been settled, but about half don’t go through the portal because of issues with liability.

Solicitors are not disagreeing with the extension of the portal scheme in principle. However, they feel that the impact on the industry has not been researched thoroughly and that their concerns and those of eminent experts have not been taken into account. Only time will tell whether these concerns are justified or whether the claims process will benefit.

Written on behalf of Hughes Carlisle, they are looking to publicise the significance of a variety of legislation changes which can affect the industry.

Hit By An Uninsured Motorist

This contribution is brought to you by Estey & Bomberger LLP. If you need a San Diego injury lawyer, do not hesitate to call Estey & Bomberger at  (619)-873-4498.

Even the least damaging car accidents can turn into major headaches. The stress and complications can grow exponentially when you discover that the at-fault driver is uninsured. The good news is that there are laws in California that offer both drivers and pedestrians adequate protection from uninsured motorists.

Even though most states require all drivers to carry auto insurance, many people get away with driving without coverage. A 2011 study carried out by the Insurance Research Council found that in 2009 about one of seven drivers was uninsured. In California every driver is required by law to have insurance, to assign some form of financial responsibility to anyone who operates a motor vehicle. Almost 20% of California drivers do not have any form of insurance, ranking it the seventh highest state of population without insurance coverage.

California law requires auto insurance companies to provide any driver with some form of uninsured or underinsured motorist coverage upon request. Uninsured motorist coverage exists to protect insured motorists from other drivers who may cause an accident and have inadequate insurance coverage to pay for the damages. The bare minimum insurance coverage allowed by California law is $15,000 per person per accident, to a total of $30,000 per accident, and property damage of at least $5,000. Unfortunately, minimal coverage usually does not cover all expenses in a typical car accident. If you have uninsured motorist coverage, most or all of your expenses should be covered. If not, you will likely have to file a lawsuit against the motorist.

Anyone involved in an car accident with an uninsured motorist is entitled to compensation from the other driver. Such compensation includes medical expenses, property damage, loss of income, projected loss of future wages, out of pocket expenses, pain and suffering and loss of ability to participate in everyday activities.

When involved in an accident with an uninsured motorist, primary steps to take reflect those of any other typical accident. First, assess the situation to ensure that everyone in the crash is safe and call the police. Next, gather as much information as possible. This includes name, address, driver’s license information, license plate number, make model and year of the car, witness statements, photos of the aftermath of the crash and any other surrounding factors that may be able to prove fault. Remember to be cautious with your language, and to avoid key phrases like “I’m sorry!” that could later prove to be incriminating to you. Uninsured drivers especially will use such language to get out of any expenses they may have to pay. Finally, ask the officer for a copy of the police report.