California – June 7, 2021

A 28-year-old man fell on his head in downtown San Diego when his scooter crashed into a curb.  He suffered life-threatening head injuries when the crash occurred while he was riding a Bird Scooter on Seventh Avenue, crossing F Street, according to the San Diego Police.  He was transported by paramedics to an area hospital with life-threatening injuries.  In California, a motorized scooter is defined as a vehicle that has:

• Two wheels
• Handlebars
• A floorboard that can be stood upon while riding
• A motor that powers the vehicle
• In California, a seat for the operator is not part of the definition, but a motorized scooter may have one.

No registration, no insurance, licensed to drive.

Individuals can operate a scooter with any class of driver’s license in California, and do not require insurance. Motorized scooters are legal for street use, but they do not need to be registered with California DMV, or have license plates.  Drivers must be aware of, and obey the same traffic and safety laws as other motor vehicles.  After an accident on a scooter where the driver suffers traumatic brain injury, a personal injury attorney may assist in damage recovery if fault for the accident can be shared, or shifted to another party whose actions, or lack of actions caused the crash.  

Scooter-specific rules.

California mandates several scooter-specific restrictions for riders.  They need to wear a helmet in accordance with U.S. Department of Transportation laws and they should not be driven on roads with a higher speed limit than 25 miles per hour unless there is a bike lane.  Motorized scooters should not be driven on sidewalks and they should not carry passengers, or travel faster than 15 miles per hour on roadways.    

Liability.

Compensation for medical bills, property replacement and other losses after a scooter accident can fall onto other individuals who may be at fault to include:

• Vehicle drivers
• Electric scooter operators
• Scooter rental companies
• Electric scooter manufacturers
• Scooter maintenance companies
• Government entities who maintain roadways

A skilled California attorney can review a case of scooter accident injury to see if the victim has a claim, and help determine named parties to a potential lawsuit, or insurance claim for damages.  The Centers for Disease Control (CDC) reports that motor vehicle crashes are the leading cause of traumatic brain injury (TBI), resulting in hospitalization.  An accident attorney can answer questions regarding options for compensation of injuries and related expenses after a scooter crash.

Damages award. 

Blunt trauma is a serious type of head injury that can occur when a moving head strikes a stationary object like the sidewalk.  It is important for accident victims to receive proper diagnostic screening even when injuries seem minor because TBI, referred to as an invisible epidemic, may have caused more damage than is visible. Head injuries can have short and long term negative effects on accident victims and TBI-related disability can cause enormous financial burdens for victims and families.  If the personal injury attorney is successful with insurance carrier communications after identifying at fault parties, a claim award will address the victim’s losses that have been identified in the insurance claims, or civil action documents.  

Hire an attorney. 

Seek legal counsel immediately after a scooter crash involving physical injury.  An experienced attorney who is familiar with California accident laws can be reached at the Law Offices of Jeffrey E. Estes & Associates, and will take action to build a winning personal injury case against any negligent parties, and assist victims with insurance claim submission.   

Jeffrey E. Estes & Associates, a Professional Law Corporation

501 West Broadway, Suite 1650 

San Diego, CA 92101 

Phone: 619-233-8021 

Fax: 619-233-3730 

Sources:

https://www.cdc.gov/traumaticbraininjury/pubs/tbi_report_to_congress.html

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=20001

https://www.dmv.ca.gov/portal/vehicle-registration/new-registration/motorcycles-mopeds-and-scooters/

Yuma, AZ – All drivers are required by the terms of their insurance policy to report a collision shortly after it happens. Due to injuries and property damage, it may not be realistic to contact the provider immediately, but they should be notified within a reasonable amount of time. After filing an insurance claim, the driver may want to file a lawsuit against the person responsible as well if they have been injured or experienced any other financial losses due to the fault of another person or business. 

Reporting the accident within a reasonable time period

Most policies have language that is relatively vague, such as the driver must report the accident within a reasonable time period. While there is no specific time limit in many policies, drivers should still check the terms of their own policy to see if there is a time limit. Arizona law also requires accidents to be reported to the police if there is any kind of property damage or injuries. This is a good idea for the purposes of getting an accident report that may be used as a piece of evidence.  

As a practical matter, the driver should try to report the accident as soon as they can after the collision. If done within a few days, this will start the process for an adjuster to view the damage, and the insurance provider to issue a claim check. If the driver wants to file a lawsuit to help pay for their losses, there are also time limits on when personal injury cases can be filed listed in the state’s statute of limitations. All of these time sensitive matters indicate that it is best to report the accident to an insurance company within the first few days afterward. 

What if the other driver does not contact their provider or they left the scene of the accident?

In situations where the other driver is not available for one reason or another, it is still important for the insurance company to be notified. If there was a crime such as a hit and run, the police should always be contacted at the scene as well. This is the best way for the driver to create a record of the incident, start an investigation, and protect their right to compensation. 

Help after a collision

Schneider and Onofry is a respected accident firm that handles all kinds of injury cases for people who were hurt in Yuma, Arizona. Their attorneys can provide an initial consultation to discuss the process of a lawsuit and related issues. 

Firm contact info:

Schneider & Onofry, P.C.

207 W. 2nd St., Yuma AZ 85364

928-257-4887

soarizonalaw.com

Iowa City, IA – Unfortunately, some people who are staying in nursing homes may be physically harmed by their caretakers, neglected, or they may contract an infection or illness. Because the facility is tasked with a duty of care towards all of their patients, victims who deal with these kinds of problems may be able to take legal action. If they are successful in their efforts to sue a facility, there are various remedies available to them. 

Because the calculation of damages can vary greatly depending on the victim’s specific injuries and the conduct of those working in the facility, it is recommended that anyone seeking compensation get legal help. The attorney can use their investigative tools and negotiation skills to maximize the amount of compensation available to the victim. 

Compensation for victims

The main thing that civil lawsuits provide for the people filing the cases is financial compensation. After someone is abused in a nursing home, they may incur additional costs related to medical treatment, relocation, and their recovery from any injuries. This category of losses can easily be shown through bills and financial documents. These are commonly referred to as economic damages, and they are normally the focus of most accident and injury cases. 

Non-economic damages

These types of damages can be more difficult to predict, but they compensate the victim for their emotional pain, suffering, trauma, and any physical pain tied to their injuries. The jury is asked to put a price tag on the reduction in the victim’s quality of life caused by an incident of nursing home abuse. 

Punitive damages

Punitive damages may be awarded in some cases that involve extreme deviations from the type of care that is expected in a nursing home. These types of damages are awarded as a form of punishment and deterrence, rather than compensation. Iowa law requires a finding that there was a willful and wanton disregard for the safety of the victim, and conduct that specifically targeted the victim. If a jury receives an instruction related to punitive damages, they may award an amount that is large enough to discourage similar conduct or repeat offenses by the defendant.  

As a practical matter, punitive damages are most likely in a nursing home abuse case in Iowa if someone acting under a facility or provider’s authority intentionally harmed the victim. 

Legal advice is available 

Eells and Tronvold Law Offices is a firm that provides assistance to people who have been injured in the state of Iowa. Their attorneys can meet with accident victims to provide more information about compensation and lawsuits.

Firm contact info:

Eells and Tronvold Law Offices

1921 51st Street NE, Cedar Rapids, IA 52402-2400

319-393-1020

www.eellsandtronvold.com

Iowa City, IA – All property owners and especially businesses that expect guests have a duty to keep these areas safe. There is the possibility of a civil lawsuit related to premises liability if a person is injured on the property. All states have specific laws related to premises liability, and Iowa’s Supreme Court established a number of factors that need to be examined to determine whether the property owner exercised reasonable care or not, and if the plaintiff will be successful in their lawsuit. 

Factors given by the court

The first factor in looking at the owner’s level of care is whether the harm was foreseeable. This means that obvious, known conditions that are likely to cause injuries while someone is on the property should be fixed or there should be restricted access. 

Another factor is the reason that the person entered the property. Someone who has legitimately entered the property for business or other expected purposes should remain safe while present. 

The owner should be mindful of various kinds of inspections and repairs as well. A property owner may be considered negligent if they fail to make repairs, inspect the property, and generally keep it in a safe condition. If there are conditions that cannot be fixed, adequate warnings should be posted to warn people in the area. 

The burden on the property owner to fix these issues is an important factor as well. Something that is easily corrected should not be left as a possible hazard, while more extensive renovations or repairs may not be able to be made immediately.

If the person is a trespasser, there is no obligation to exercise care to them from the landowner in Iowa law. However, landowners cannot intentionally harm discovered trespassers.  

Negligence lawsuits

All of these factors are meant to establish whether there was a breach of the relevant duty of care placed on a landowner, which is only one element of negligence. The other elements of negligence include establishing the relevant duty of care, causation, and damages. 

The main advantage of bringing a negligence case after any kind of accident, is that there can be a summary of damages. This means that the defendant will have to end up paying for the plaintiff’s losses such as medical treatment costs and lost wages if the lawsuit is successful. This is usually done through a settlement. 

Help from licensed lawyers in Iowa

Eells and Tronvold Law Offices assists people with civil lawsuits in the state of Iowa. Anyone who needs compensation after an injury can contact their attorneys and schedule a consultation to learn more. 

Firm contact info:

Eells and Tronvold Law Offices

1921 51st Street NE, Cedar Rapids, IA 52402-2400

319-393-1020

www.eellsandtronvold.com

Charleston, SC – A personal injury lawyer’s job is to use evidence and legal argument to try to get their client as much compensation as possible through a settlement agreement or a jury verdict. There are certain things that these attorneys routinely do which maximize the chances of a favorable outcome for their clients. Anyone who has recently been hurt should direct their questions to a local firm so that they can start the process to be compensated properly. 

Summarizing the damages

The pleadings that begin a civil injury case will list all of the plaintiff’s financial losses, which are sometimes called damages as well. After many accidents, this will include their lost income and wages, costs of medical treatment, medications, and doctor visits, and non-economic compensation for pain and suffering. A skilled lawyer will not overlook any costs that the client endured which may have been due to the defendant’s negligence.  

Using the evidence

Most accidents have pieces of evidence such as photos of the scene, reports from police who responded to the area, and testimony from witnesses. The firm may also conduct their own investigation to collect and analyze information that is relevant to the case. When a lawyer is in settlement negotiations, or they are arguing in front of a jury, they need to know how to craft a narrative that uses this kind of evidence to show that the defendant was clearly at fault. The rules of evidence give attorneys a fair amount of latitude to do this as long as their arguments are relevant to the issues in the trial and supported by some of the available evidence. 

Knowing the law

South Carolina and other states have various rules for personal injury cases and related matters written into their statutes. This can include things like time limits, damage caps, or rules that make defendants pay more for certain behaviors through punitive damages. An experienced attorney can use their skills to apply the law in a way that favors their client and maximizes their chances of success. There are also laws related to insurance claims and insurance regulations that are relevant after motor vehicle accidents and other common causes of injuries. Attorneys who deal with injury cases usually have extensive experience dealing with insurance companies and claim denials as well. 

Personal injury attorneys in South Carolina

Anyone who needs help after a motor vehicle crash in the Charleston area can retain an experienced lawyer. The Clekis Law Firm provides representation to local accident victims who need help with the process to receive compensation.

Firm contact info:

The Clekis Law Firm

171 Church St., Charleston SC, 29401

[email protected]

843-900-0000

clekis.com