Auto Accident Lawyer

Clients are typically unsure of what to do if they get into a car accident.  If you do get into an accident and are injured, mistakes along the way can make it difficult for a lawyer to help get you the justice you deserve.  Here are some helpful tips to make it clear what you should and shouldn’t do if you get into a car accident. Parties Gather information about each person involved in the accident .  Get each person’s name, address, phone numbers, driver’s license number and date of birth.  Notate the description of each person, i.e. what they are wearing, approximate height, weight, etc.  If a party refuses to cooperate, then wait for the police to arrive.  If the other party attempts to leave the scene, record their vehicle’s license plate number , i.e. write it down or take a photograph of the plate on your camera or cell phone.  You may also use a voice recorder on your cell phone to gather this information. Vehicles Gather information about each vehicle .  Write down the color, make and model of each vehicle.  Take photographs of each vehicle using your camera or cell phone.  Write down each vehicle’s license plate number.  This is needed in case a driver attempts to leave the scene or gives you false information. Insurance Gather information about the parties’ vehicle insurance.  Write down the name, address and telephone numbers for all insurance companies .  Note the policy numbers and the agent information as well.  Have the driver show you his/her proof of insurance card.  Take a photo of the card using your camera or cell phone.  If the adverse party refuses to cooperate, then wait for the police to arrive. Witnesses Gather information about each witness, i.e. name, address and all telephone numbers.  Do not be shy!  Contact any bystanders that may have seen the accident and get their information .  These witnesses can be critical in the prosecution of your case. Scene Gather information about the scene .  The best way to do this is to take photographs of the scene and any important objects on your camera or cell phone.  Take photographs of any debris on the roadway or broken objects (be sure to do this safely).  You can also draw the accident on a piece of paper or on a Car Accident Information Form diagram (will provide this form in the future).  This drawing allows you to note and label the positions of the vehicles, the direction they were traveling, and any traffic control devices, such as stop signs or traffic lights. Checklist Get immediate medical attention for anyone that may be injured.  Tell the police officer about these injuries. Call the police Exchange information with all drivers Get passenger and witness information Take photos of the scene and vehicles with a camera or cell phone, preferably before the vehicles are moved from the roadway Take all personal belongings from your vehicle before it is towed Diagram the accident scene ONLY discuss the accident with the police, NOT the parties Do not speak to the other party’s insurance company until you have consulted with a qualified personal injury attorney Do not sign anything from an insurance company until you have consulted with a qualified personal injury attorney Talk to a qualified personal injury lawyer in your area.  Call us toll free for a free consultation (888) 873-6639 or email us at info@penneylaw.com .

What happens if a fire destroys your home?  The fire can gut the interior of your home, leaving only memories of what was once inside. You have homeowners insurance, so you’re covered, right?  Well….yes, but what will the insurance company cover?  The insurance adjuster will need a list of what was lost in the fire.  Are you prepared to provide this?  Without a detailed household inventory , processing and collecting an insurance claim can be difficult to impossible.  Here are some tips to deal with an unexpected homeowners claim: Start your household inventory now!  List all of the items you own, dates you bought them and the original prices or monetary value.  Use a camera or video recorder in every room – including the garage and the exterior of the home.  Your insurance agent can provide you with a home inventory form. Each inventoried item should be documented on a list with details of its name, description, size, age, model number, brand name and any other information that helps determine its value. Include all items that you cannot see because they are in closets or dressers. Keep receipts with your inventory for big-ticket items, such as TV equipment, computers, large tools and equipment, artwork, silver, crystal and jewelry. Check with your insurance agent to be sure that these items are covered for replacement. Use a safe-deposit box to store your videotapes, pictures and written descriptions with receipts or leave them off premises with a trusted relative or friend. Following these tips will help you be prepared if you are ever faced with tragedy and need to submit a homeowners claim.  

Rip currents are produced by water draining from the beach and back out to sea.  Waves come in to the beach, water gets trapped behind sand bars and funnels out through a narrow opening. At times, it drains at a tremendous, deceptive speed. The funneled water can move up to 8 feet per second, faster than any of us can possibly swim.  Ranging in size from just a few feet to a hundred yards, the pull can take a person more than 100 yards from shore. Detecting an Ocean Rip Current The best way to detect rip currents is to ask lifeguards or look for rip current signs on the beach.  You can also refer to rip current advisories developed by theNational Weather Service. Otherwise, here are some observable signs of an ocean rip current: An area of water through a surf zone that is a different color than the surrounding water. A break in the incoming pattern of waves. Seaweed or debris moving out through the surf zone. Isolated turbulent and choppy water in the surf zone. If Caught in a Rip Current… If you find yourself caught in a rip current , stay calm and relax.  You will not win a fight with the ocean.  If you decide to swim into the tide, you will tire and drown.  Instead, swim parallel to the shoreline or relax and let it carry you out past the breakers until it slacks.  Then, swim at an angle to the shoreline until you reach the shore of encounter help. Avoiding Injury from Rip Currents Swim on guarded beaches.  The U.S. Lifesaving Association estimates the chance of drowning on a guarded beach is 1 in 18 million. Talk to the lifeguards about local hazards before getting in the water. If you’re not comfortable having rough water over your head, stay out. Never swim alone. There is nothing wrong with making your young children wear U.S. Coast Guard approved life jackets to play in the surf.  That doesn’t mean you leave them alone, but it will make them safer. Discuss rip currents and how to deal with them with your children. Grab some ideas for discussing rip currents or let them learn about rip currents on their own.

The most common nontraffic accidents that involve children include frontovers, backovers, and vehicle heat stroke deaths.  Together, they account for 80% of all nontraffic accidents for children under 15, and sadly, these numbers are increasing. In 2010, there were 70 frontover fatalities and 66 backover fatalities and thousands of injuries because small children cannot be seen around vehicles.  At least 70% of those children were struck by a driver related to them, often a parent.  Frontovers and backovers combined equate to 64% of the non-traffic vehicular deaths for children ages 15 and younger, most of them on the younger side.  Toddlers 12 to 23 months old represent 70% of the victims. Tips for Avoiding Nontraffic Accidents Most drivers assume they have full visibility when moving forward, but because many vehicles are high off the ground, you simply cannot see a small child who is directly in front of you.  Fortunately, there are many ways to reduce blind zones and avert these accidents. TIPS Be especially careful operating your vehicle when leaving and returning home.  Children will impulsively follow you when leaving or run out to greet you when you come home.  In their haste, they will undoubtedly get in your way, without your knowledge. Purchase a vehicle or retrofit your vehicle with backup warning devices and cameras to reduce or eliminate the blind zones.  The Federal Government is in the process of developing and implementing a rear visibility standard for all motor vehicles.  It is probable that future vehicles will have mandatory warnings and cameras when moving forward from a stop and backing up. Be sure to check out additional safety tips for nontraffic accident safety from Safe Kids USA.

Hot tubs can be breeding grounds of bacteria, and can cause Legionnaire's Disease. Be sure your hotel regularly maintains the sanitary conditions of the hot tub and pool. Hot tub water temperatures vary between 90-104 degrees.  Life threatening bacteria can thrive in this warm-water environment.  Without proper maintenance, hot tubs and spas become little factories for the mass production of bacteria, including the organism that causes Legionnaire’s Disease . Read on to learn how you can avoid contracting this serious disease to prevent personal injury or even death . What is Legionnaire’s Disease? Legionnaire’s Disease is caused by the bacteria Legionella.  The disease got its name when an outbreak of the disease occurred at a convention of the American Legion. The Centers for Disease Control and Prevention’s report on Legionnaire’s Disease , states that as many as  8,000 to 18,000 people each year are hospitalized with the disease in the United States.  The actual count is much higher as many cases are misdiagnosed as simple pneumonia.  The symptoms include high fever, chills, and cough, and some may experience muscle aches and headaches.  Those infected usually begin to notice symptoms within 10 days of exposure to the Legionella bacteria. If not treated it can be fatal. What kind of conditions foster Legionella? Legionella bacteria naturally occurs in natural and man-made bodies of water.  It lives in municipal and natural water systems in low concentrations and without public danger.  However, when the Legionella gets in hot tubs, they amplify in scale, sediment and biofilm in the tub system.  It spreads when the water containing the bacteria is aerosolized in water vapor and inhaled into the lungs.  When people breathe in the mist or vapor they breathe in water contaminated with the Legionella bacteria.  Breathing in the vicinity of a hot tub or spa that has not been properly maintained and cleaned is one of the most common forms of transmission. If proper attention is paid to filters, PH and chlorine levels, the bacteria dies and the chance of contracting Legionnaire’s disease from hot tubs and spas is eliminated. How can you protect yourself from Legionella? Safety Precautions for Private Hot Tubs In private hot tubs and spas, simple water tests and the application of chemicals will prevent the growth of the bacteria and spread of the disease.  Most people who own hot tubs are familiar with how to properly care for a hot tub to continue healthy conditions. Hot Tub Safety While Traveling A lot of families travel in the summer months while kids are out of school, and traveling often means fun hotel getaways and relaxing in the hotel’s pool and hot tub.  If your family is planning to stay in a hotel and enjoy the hot tubs and spas, contact the hotel maintenance department and request a test to ensure the spas and pool water is safe and clean with appropriate disinfectants.  If the hotel refuses, find another one .  Most hotels will gladly comply with such a request and then you and your family can relax and enjoy the hot tub or spa with peace of mind. Personal Injury and Legionnaire’s Disease If you or someone you care about contracted Legionnaire’s Disease while in a hotel pool or spa and you’re looking for the right lawyer to represent you, I welcome you to contact the law offices of Frank Penney . I can help get proper compensation for you, and protect other families from being affected by the neglect of some establishments.  I wish you and your family a happy, healthy and enjoyable summer.

Try your case in the beginning, not the end. Make sure you choose a law team investigates right away and finds the facts. In other words, act like your case is going to trial right away by gathering the evidence immediately.  Too many lawyers wait until the end to spend the necessary time and money on a case.  By then, most of the critical evidence is gone, causing problems with the resolution of the case, either by settlement or trial.  For time critical cases, our team dispatches a field investigator immediately.  Our investigator promptly visits the scene to take photos and sometimes video.  He contacts unrepresented parties and witnesses to take statements (do not assume the police officer will ask all the questions).  He hunts for the facts to support our client’s position regarding liability, damages, insurance and financial viability. In a recent case, our investigator uncovered information within weeks of the accident that eventually led to a settlement of $1,200,000 .  If he had waited, the settlement would have been less than half of that amount. In one of our motorcycle cases, an independent witness told the police officer that our client was going “way too fast.”  When our investigator took the witness’ statement and asked her to estimate his speed, her estimate was lower than the posted speed limit!  The insurance company promptly paid the insurance limit of $100,000! Every personal injury attorney will tell you he or she is the best and that they will investigate the case right away.  Unfortunately, most of them define “investigation” as a Google search. Be sure to hire a lawyer who will “hit the ground running.”  Don’t be fooled by empty verbal promises. For more about the results we get for clients, read case studies .

I was strapped to a Harley Davidson Dyna Wide Glide, moving my entire body to the rhythm of the everlasting winding road simply called “The Road to Hana.”  It must’ve been ironic to see an  accident lawyer from Sacramento hoppin’ on his Harley for the ride of a lifetime.  In the middle of nowhere.  The road to Hana is a 68-mile long stretch of desolate highway, meandering through the jungle foliage of east Maui, Hawaii. The road is narrow, steep and requires that you to pass over 59 bridges, 46 of which are only one-lane bridges, requiring oncoming traffic to yield. There are 620 curves cutting through this lush, tropical rain forest, numerous waterfalls, tree tunnels and other beautiful roadside attractions along the way testing your ability to remain attentive to the road. There are no stores, no gas stations, no homes, just lush, water-dripping jungle for over three hours, one way. Several hours later I found myself standing barefoot in black sand at the Wai’anapanapa Black Sand Beach near the small town of Hana. I was amazed at the scenery – a remote, wild, low-cliffed volcanic coastline containing a faint coastal trail, sea caves and natural stone arches relatively untouched by civilization. A few miles down the road I came to the little town of Hamoa and Hamoa beach. This town has some personal connection as my grandmother was born here. I can only imagine where she lived and played as a young girl. On the way back to civilization, I stopped at a rare roadside fruit stand to eat a local banana, coconut and drink some water. As if to save the best for last, Mother Nature offered several full rainbows over the ocean as I hastened my way back to the quaint seaside town of Paia before nightfall. It truly was a day I will always remember. A day I will never forget. I suppose this is the point in my blog entry where I dispense safety tips or legal principles, i.e. wear riding gear and a helmet, defensive riding is key when riding a motorcycle, motorcycle accident cases involve intense investigation, etc. I will refrain because the purpose of this is to simply share an exhilarating day of my life with whoever is reading this. The day I road my motorcycle to “nowhere” was simply put – bliss. Frank D. Penney is both an avid rider and reputable motorcycle accident lawyer , allowing him to truly understand motorcycle injury cases. If you have been involved in a motorcycle accident, hiring a lawyer who knows motorcycles can be invaluable to your case. Call Frank Penney toll free at (888) 873-6639 to discuss your motorcycle accident, or request a free  motorcycle accident case evaluation .

Recently, a vibrant, young Roseville, CA tow truck driver was killed while helping a motorist on a freeway. 100 tow truck drivers drove in the funeral procession to honor his memory and to raise awareness to the California “ Move Over Law .” California motorists are required to take action when approaching an area on the freeway where emergency vehicles are present and displaying emergency lights.  This is known as the “ Move Over Law ,” where motorists must safely move over to a lane not adjacent to the emergency vehicles. If not practical or safe to do so, the motorist must slow down to a reasonable or prudent speed that is safe for the existing weather, road, and vehicular or pedestrian traffic conditions.  Enacted in 42 states, this law is intended to protect emergency workers and personnel at the scene of an emergency incident or other situation where public safety personnel are present. California Vehicle Code section 21809 states: 21809.  (a) A person driving a vehicle on a freeway approaching a stationary authorized emergency vehicle that is displaying emergency lights, a stationary tow truck that is displaying flashing amber warning lights, or a stationary marked Department of Transportation vehicle that is displaying flashing amber warning lights, shall approach with due caution and, before passing in a lane immediately adjacent to the authorized emergency vehicle, tow truck, or Department of Transportation vehicle, absent other direction by a peace officer, proceed to do one of the following: (1) Make a lane change into an available lane not immediately adjacent to the authorized emergency vehicle, tow truck, or Department of Transportation vehicle, with due regard for safety and traffic conditions, if practicable and not prohibited by law. (2) If the maneuver described in paragraph (1) would be unsafe or impracticable, slow to a reasonable and prudent speed that is safe for existing weather, road, and vehicular or pedestrian traffic conditions. (b) A violation of subdivision (a) is an infraction, punishable by a fine of not more than fifty dollars ($50). (c) The requirements of subdivision (a) do not apply if the stationary authorized emergency vehicle that is displaying emergency lights, the stationary tow truck that is displaying flashing amber warning lights, or the stationary marked Department of Transportation vehicle that is displaying flashing amber warning lights is not adjacent to the freeway or is separated from the freeway by a protective physical barrier. As a Roseville personal injury lawyer , I have seen the devastation wrongful death accidents like this can cause for Roseville  families. I ask that you please remember the “move over law” while driving to avoid causing another tragic accident.

A big rig accident on I-80 in the high Sierra caused a complete shut down on March 18, 2011.  The accident was said to be caused the whiteout snow conditions and a multi-vehicle chain reaction crash.  In total, the semi truck accident involved 6 big rigs and over 40 automobiles. Sgt. Curtis Fouyer from the California Highway Patrol said the big rig rolled over several cars during the pile up.  Unfortunately, the multi vehicle accident turned fatal as one motorist was killed when he stepped out of his truck. More than a dozen motorists were hospitalized with personal injuries, making this one of the worst California semi truck accidents of the season. The pile up was undoubtedly started by a driver or multiple drivers failing to drive attentively in these dangerous driving conditions. The best advice for driving in bad winter weather is not to drive at all, if you can avoid it.  If you must drive in snowy conditions, make sure your car is prepared, and that you know how to handle road conditions.  Here are some safe driving tips for snowy conditions: Decrease your speed and leave yourself plenty of room to stop.  You should allow at least three times more space than usual between you and the car in front of you. Brake gently to avoid skidding.  If your wheels start to lock up, ease off the brake. Turn on your lights to increase visibility to other motorists. Use low gears to keep traction, especially on hills. Don’t use cruise control or overdrive on icy roads. Be especially careful on bridges and overpasses, which will freeze first causing icy road conditions, i.e. black ice. Don’t pass snow plows and sanding trucks. These drivers have limited visibility and the road in front of them will be worse. Don’t assume your four-wheel or all-wheel vehicle will handle all conditions. If your rear wheels skid, take your foot off of the gas pedal and steer gently in the direction your rear wheels are going, i.e. if your rear wheels are sliding left, steer left and visa versa.  You may have to steer left and right several times to get your vehicle under control.  Pump the brakes gently, unless you have ABS then apply steady pressure. If you get stuck, do not spin your wheels.  Turn your wheels from side to side a few times to push snow out of the way.  Use a light touch on the gas to ease your car out.  Do not get out of your vehicle until it is safe to do so.  Look for oncoming traffic or any other dangerous conditions on the roadway.  Get to a safe location immediately. The California Department of Transportation also has a winter driving tips guide to help you avoid big rig accidents like this. If you fall victim to someone else’s negligence, our Sacramento big rig accident lawyers can help.

When you send your child to school, it is with the understanding that the school will keep him or her safe throughout the school day.  There is a “special relationship” between a school district and its students imposing an affirmative duty on the school district to take all reasonable steps to protect its students.  If your child’s safety has been compromised while they were in school, or if you’re worried about an incident occuring on school premises, it’s important to know what your school’s responsibility is to your child.  We all have to do our best to keep our kid’s safe, but sometimes school’s can fall short. School Liability – What you need to know It’s important to know these three main theories of liability against school districts when it fails to protect your child from other students. 1. Negligent Supervision The school district may be held liable for the acts of its employees such as teachers, hall monitors and school administrators if the supervision is negligent .  These cases hinge on what the school personnel should have done; what they did do; and what they failed to do.  Most school districts and schools have written materials (employee handbook or training manuals) that address these issues.  These written materials should have sections devoted to physical altercations and sexual harassment or assault between students.  These materials should contain student-teacher playground ratios, and the supervision requirements during recess, and lunch or other times when students will be moving through the halls.  It is important to compare the school districts rules to the specific facts of each student assault case. 2. Negligent Hiring, Hiring or Supervision of Staff The school district may be held liable when the student assault was facilitated by the district’s hiring and continued employment of personnel who were neither qualified nor properly trained and as a result were ill-equipped to care for the safety of the students left in their care.  The law requires that the school district and schools staff the common areas, such as playgrounds, with competent, trained staff .  There is also a requirement that the school administrators supervise these staff members to ensure they are competently following the rules regarding the safety of students.  The competency and training of staff involved in students assault cases should be investigated. 3. Dangerous Condition The configuration of the school may create a dangerous condition leading to the physical altercation or assault.  This may be especially relevant in sexual assault cases on school grounds.  In these cases, many times a child will be lured to a location such as behind a fence, a dumpster or hedges, some location where the activity can be hidden.  A cause of action for dangerous condition of public property may be used to assert that the layout of the premises created a danger, giving rise to the assault.  This may occur on playgrounds where there is a gap in a fence, a high hedge or misplaced dumpster where children assemble to “hide” from school personnel. What can you do to help keep your kids safe? Review School Handbooks Review the written information (school handbook, etc.) from your child’s school which outlines how the school will handle situations such as sexual harrassment, assault and bullying.  Being familiar with these rules can help your child feel safe and protected while at school, and help you hold the school accountable if something were to happen.  Knowledge is power. Get Involved Get to know the teacher’s, administrators, and personnel who work with your child.  Showing that you are concerned and willing to do your part to improve the safety of the school can go a long way.  If you have a concern about a specific individual who works with your child, voice your concern to the principal or your child’s teacher. If that doesn’t work, petition administrators at the school board level. If you have a concern about the safety of the school grounds, discuss your concerns with other parents, your child’s teacher’s, crossing guards, and your child. Attend community meetings, get involved in your child’s school , write letters, or hold a meeting where parents can meet and discuss the issue, and present ideas to the school board.    Talk to Your Kids Educate your children about the dangers of bullies, strangers, and role play how they can avoid or extinguish dangerous situations.  Teach your kids to never speak to strangers , to tell a teacher if they have been threatened, or if they hear word of a fight. Open communication with your kids about their teachers and the adults they interact with at their school can help keep you in the loop about changes in staff, or other changes you should be concerned about.  Let your kids know that bullying is not okay, and that bullying should be dealt with by adults.  Building a strong trusting relationship with your child and modeling how one should handle confrontation can go a long way in helping your child avoid situations at school.