Posted on January 21, 2024 in Car Accident

In both car collisions and truck accidents there is a likelihood of injury to one or both parties involved. It should come as no surprise that medical costs are not cheap. So, in a motor vehicle accident, who winds up paying for the bills?

In California, it depends, in part, on who is at fault or whose negligence led to the accident and subsequent injuries. Thankfully, even if the defendant is only one percent liable for the plaintiff’s injuries, the plaintiff can still sometimes receive compensation for damages. The intricacies of pure comparative negligence can be complex. A personal injury attorney is the best person to help you navigate your case.

Pure Comparative Negligence

Most states use modified comparative negligence. In these states, a plaintiff cannot receive compensation for damages if they are found to be at fault for a specified percentage of the accident. The percentage will vary from state to state but will typically fall between 50 to 51 percent. California chooses to use pure comparative negligence in its personal injury cases.

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 Posted on December 12, 2023 in Car Accident

In today’s digital world, cell phones have become an essential part of daily lives, for better or worse. They not only serve as a means of communication but can also collect valuable data that can be crucial in certain legal situations, including in car accident cases. If you were involved in a car accident and believe the at-fault driver was using their cell phone when the accident occurred and was thus driving distracted, pick up the phone and contact a lawyer in California. Cell phone data may prove that distracted driving via cell phone use was the cause of the accident and your injuries.

Liability in Accidents Caused by Cell Phone Distraction

In any personal injury case, especially those involving car accidents, figuring out who was liable for the accident is paramount. Cell phone data can play a significant role in establishing fault by providing valuable information about the actions of the parties involved. For example, call logs, text messages, or social media activity can help determine if the at-fault driver was distracted when the accident occurred, such as texting or talking on the phone.

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 Posted on November 08, 2023 in Truck Accidents

Truck driver fatigue is a serious concern on the roads, and it can lead to devastating accidents and injuries. If you have been involved in an accident with a truck in California and suspect that the driver was fatigued, it is crucial to gather evidence to support your claim. Many injured individuals may be unaware of what they should do or who they should turn to for assistance in their case. The best resource to turn to in your time of need is a knowledgeable lawyer. They will take on your case and help you gather evidence, protect your rights, and more.

How to Prove a Trucker Was Fatigued While Driving

1. Hours of service – The Federal Motor Carrier Safety Administration (FMCSA) has well-established Hours of Service (HOS) regulations to prevent truck driver fatigue. These regulations are in place to dictate the maximum number of hours a truck driver can be on duty and the required rest periods. Requesting the truck driver’s logbook or electronic logging device (ELD) records can provide crucial evidence of their compliance with HOS regulations. Analyzing these records can reveal any violations, such as excessive driving hours or inadequate rest breaks, supporting your claim of driver fatigue. 

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 Posted on October 10, 2023 in Uncategorized

In personal injury cases, a question that is so often asked is the following: what can I do to maximize my compensation? People too often focus on what happened to them during their accident and how it may affect their compensation later in their injury case. While, of course, it matters what happened during your accident a great deal, there is something else that is just as important, maybe even more important. That is, seeking prompt medical treatment for your injuries. 

Prompt medical treatment is essential in an injury claim because having an official record regarding the extent of your injuries is a crucial piece of the personal injury puzzle. Think about it this way: if no record details your injuries, how will you know how much compensation you could be owed? Your injury case is much stronger if you have a doctor’s report detailing the extent of your injuries rather than simply claiming that the accident injured you severely. Once you have received medical care from a healthcare professional, call a lawyer to discuss your injury case moving forward. While medical treatment in personal injury cases is often an ongoing process, it is essential to take the initial step in promptly obtaining medical assistance from a professional.

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 Posted on September 26, 2023 in Truck Accidents

Truck accidents can potentially cause catastrophic damage and severe injuries due to the sheer size and weight of commercial vehicles. One significant contributing factor to truck accidents is falling cargo. When cargo is not properly secured or loaded, it can shift or fall during transit, leading to hazardous situations on the road. If you were injured in a trucking accident involving falling cargo, contact a lawyer, as you may be entitled to compensation.

Dangers of Falling Cargo

Falling cargo poses numerous risks on the road, including:

• Impaired visibility – When cargo falls from a truck, it can obstruct the driver’s view, making it challenging to navigate and react to sudden changes in traffic or road conditions. This limited visibility can result in collisions with other vehicles, pedestrians, or objects on the road. 

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 Posted on August 08, 2023 in Premises Liability

As parents, we all want to prioritize the safety of our children while allowing them to explore and pursue exciting activities. Imagine a sunny day in California when young soccer players are passionately engaged in a match, only to encounter sudden twists and falls due to hidden gopher holes on the field. These unanticipated hazards can easily lead to severe injuries like torn ligaments and broken bones. These injuries can be expensive to heal and may affect a budding athlete’s ability forever. According to a recent study, inadequate sports facilities and fields are the leading cause of soccer player injuries. If your child has been injured as a result of a poorly maintained soccer field, you may have a premises liability case on your hands.

Negligence of Field Maintenance

In California, those participating in sports must sign a waiver, acknowledging the risks involved. Consequently, if your child sustains an injury while playing soccer, legal action against the team or an aggressive teammate may not be feasible.

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 Posted on July 07, 2023 in Truck Accidents

Hot roads and traffic congestion can make for a volatile combination during the summer when people are heading out on vacation. Add massive commercial trucks with defective parts to the mix and disaster is likely to strike. If you or a family member was injured in a truck accident as a result of equipment failure it is important that you seek legal representation. There are circumstances in which faulty equipment is the cause, however, if truck owners do not perform regular maintenance on their trucks to ensure that all safety standards are met, the driver can be found liable for a truck accident. At Maineri Law Firm, we have 25 years of experience providing trusted guidance and favorable results.

Defective Equipment

Defects in trucks can be wide-ranging and difficult to pinpoint. There are instances in which a manufacturer or a distributor may be liable for injuries caused as a result of defective parts. Trucks have numerous parts and when they are faulty, catastrophic accidents can occur. Here are some examples in which both the operator and defective equipment pose risks:

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 Posted on June 07, 2023 in Car Accident

Under California law, all drivers should have car insurance. However, with increasing premiums, the Golden State is on the top ten list of states with the highest number of uninsured drivers. Essentially, 17 percent of all motorists in California do not have car insurance. Uninsured drivers put responsible, insured drivers at risk every day. If a driver who does not have car insurance is involved in a car accident and hits you, who will pay for your damages? Experienced personal injury lawyers can help answer such questions and pursue the financial assistance that you deserve after an accident.

Uninsured Motorist Coverage

The California Department of Insurance reports that uninsured drivers are some of the most likely types of motorists to be involved in a crash compared to insured drivers. Ultimately, if you are involved in a car accident caused by a driver who does not have car insurance, you will have to seek compensation from your own car insurance through uninsured or underinsured coverage. The good news is that California law requires every car insurance policy to offer uninsured motorist coverage which usually matches liability limits. Underinsured motorist coverage may also be able to fill the gap when a party has insufficient coverage.

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 Posted on May 08, 2023 in Premises Liability

Suffering a fall at any age can be devastating but if you have a family that depends on you and your slip and fall injury leads to much more than a bruise, contacting an attorney may be in your best interest. A severe fall can significantly impact your life if you suffer a brain or spinal cord injury. As a result of someone else’s negligence, you may face lost wages and medical expenses. 

Hazards that Lead to a Premises Liability Lawsuit

Slip and fall accidents occur when you suffer injury on someone else’s property such as a store or a restaurant as a result of the owner’s negligence. Often, uneven carpeting, wet floors, and exposed cables play a role in such accidents. Under California law, all properties should be safe and hazard-free.

To recover damages for a slip and fall accident, the injured person must prove that the property owner is liable for the accident. In California, along with most other states, businesses and property owners have a duty of care to keep the premises safe for everyone.

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 Posted on April 10, 2023 in Truck Accidents

Commercial trucks in California transport tons of vital goods. But the enormous trucks must share the roads with smaller vehicles that should not be taken for granted. In 2020, 398 people died in a crash involving a large truck in California. That is a 31 percent increase over the last decade. Trucking accidents continue to lead to substantial injuries and liability is not always obvious. But it is important to hold truck drivers and transportation companies accountable for negligent driving. Here we will take a closer look at the various parties that may be held liable for injuries sustained in a truck accident.

Truck Drivers

Truck drivers in California receive extensive training and must have a commercial driver’s license. However, most truck accidents are caused by driver error. Negligent behaviors can also include driving under the influence of drugs or speeding. These actions can lead a truck driver to be held liable for someone’s injuries.

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