Auto Accident Lawyer

Drowning is the second-leading cause of unintentional injury-related deaths for children ages 1 to 14 in the United States.  For every one child who drowns, another four children receive medical treatment in emergency departments for submersion-related injuries.  Most alarming is many of these deaths and injuries occur when children are under the supervision of an adult! Pool Safety Starts Out Of The Water Diving into pools also presents a great opportunity for serious injuries, such as paralysis.  About 16,000 young people under the age of 16 are hospitalized because of diving injuries each year, and one in five of them will suffer a severe spinal cord injury.  Residential swimming pool accounts for a significant number of these diving injuries. According to the American Institutes for Research, 30.8% of all aquatic-related accidents occur in pools rather than natural bodies of water.  Most of the diving injuries occur not from diving boards, but from dives into shallow water. Make Sure You Have Proper Drain Covers Another danger associated with pools is the risk of entrapment or evisceration in pool drains, i.e. child’s hair gets caught in a drain at the bottom of a spa or pool, etc.  These risks lead to the passage of the Virginia Graeme Baker Pool and Spa Safety Act in 2007 , which mandates certain types of pool drain covers to eliminate or reduce the risk of entrapment. Guidelines For Safety Here are some safety guidelines to remain safe during pool activity: Get rid of diving boards and don’t dive in shallow water Avoid drinking alcohol while swimming or supervising children Make sure all doors leading from the home to the pool have alerts or alarms that sound when the door is opened Have a proper pool fence of at least four feet, that can be locked and secured Add an alarm to the pool so it will sound when someone enters the water Install a motorized pool cover that will support the weight of a person who may step on it For more information on how you can make your pool a safer place for the entire family visit the Consumer Product Safety Commission’s Pool Safely website.

While the physical well-being of you and or your passengers are your primary concern immediately after a collision, often the second concern is “what is going to happen with my car?” Those of us who have planned ahead and purchased full coverage all believe that the collision repair shop we “choose” to evaluate and eventually repair our vehicle is on our side. We all believe that repair shops are there to return our damaged vehicles back to normal, to our satisfaction. Most are NOT. Insurance Company Approved Auto Repair Shops First, all major auto insurance companies direct their customers to a “circle” of preferred or approved repair shops that the insurance companies lead us to believe are the best shops. These shops are on the companies’ short list because they keep the repair costs low, try their best to not declare the vehicle a total loss, and always do the repairs for less than it costs to replace the vehicle. Most customers don’t know that repair shops know in advance, even before your car arrives, that if they are asked to appraise the damage to a vehicle that, unless it is absolutely impossible to repair the vehicle, the shops are pressured to keep the initial damage appraisal to less than 70% of the car’s value. The pressure comes from the need to get repeat business from the insurance companies (by keeping repair costs low) and the shops’ interest in repairing vehicles instead of just estimating vehicle damage for free. A combination of experience of appraising vehicle damage on a daily basis, what insurance companies tell them is the “total loss threshold” and the damage appraisal software provided to them by the insurance industry, these preferred repair shops learn what it takes to keep repair estimates at less than 70% of the vehicle’s value. Auto Repair Shops Don’t Look Out For You The customer is the only one suffering in this scenario. Often only cosmetic repairs are fixed, while structural damage which is the most expensive to repair or replaced is ignored. The result is a cosmetically repaired vehicle that is no longer safe to drive and is far from the precision designed vehicle you started the day with. The other consequence is that the insurance companies who evaluate your bodily injury claim all point to the minor cosmetic damage to your vehicle, and the low repair bill as evidence that the occupants of the vehicle could not have been hurt. Most repair shops do not have the customer’s best interest at heart and the customer suffers the consequences of cheap repairs which do not return the customer’s car to its pre-collision condition, and cheap repairs that do not fairly reflect the actual damage done to the car. Choose Your Auto Repair Shop Carefully The solution is to ask friends and family for referrals to repair shops who they have had good experiences with, or take your vehicle to the dealer for repairs. Have you or a loved one suffered damage to your automobile and then suffered again because of a dishonest auto repair shop? Contact the law offices of Frank D. Penney for more information and help.

Health insurance is supposed to be there to help us, for OUR benefit. The California Supreme Court, in the Howell v. Hamilton Meats case , decided that while you might get your medical bills covered by your health insurance but any discount your health insurance company negotiates for you on paying those bills is not a benefit for exclusively for you. The Court said that any person who causes you harm is also entitled to that benefit when it comes time to compensate you for your incurred medical expenses. Often times this also means that the value of your pain and suffering is reduced because auto insurance companies, adjusters, judges and juries all look at your medical expenses as a determining factor in how much to compensate you for physical suffering. Your Health Insurance Company May Benefit More Than You One additional consequence of the Court’s opinion, probably unintended, is that there is no longer any motivation to submitting medical bills to health insurance for payment. Other than getting the bills paid (which benefits only the health care provider), there is no benefit to the injured person. There is more value in letting the bills linger in collections or on a statutory lien for their “full amount” rather than having the bills paid at a reduced rate which only benefits the auto insurance companies and ultimately distorts the value of your valid injury claim . In essence, consumers are being punished for trying to plan for an unfortunate accident , and being punished again by giving someone who causes harm the benefit of your buying health insurance. The solution is to take the issue up with our Legislature : convince our legislators that the Court misapplied the law and that the health insurance consumer is losing the intended benefit of health insurance. Otherwise, the critical element of damages is depressed, distorted and under compensated. Ultimately the entire system will become retarded because it will be more beneficial to those injured in accidents to let their medical bills go unpaid. Every Health Insurance Case Is Different You must contact a competent personal injury attorney to find out if using your health insurance is to your advantage. Our Lawyers have the experience and are here to help keep you from being taken advantage of.

The California Supreme Court decision handed down last year in Howell v. Hamilton Meats has altered the landscape of the civil justice system; creating a windfall in favor of liability insurers and corporate defendants. In a typical negligence scenario, a tort defendant receives the benefit of what they pay for; their insurance investment provides them with protection and representation. But how does insurance affect a tort plaintiff? Medical insurance is a significant expense of which most people are keenly aware. The promise of medical benefits can influence our career choices and limit our pay. Most plans require high deductibles as well as substantial co-pay obligations. Therefore, most plaintiffs are blindsided by the fact that their medical insurer will seek a portion of the money damages recovered from the responsible party – even if it results in little or no money left for a plaintiff’s injuries and suffering. Are Health Insurers Acting Fairly? Fairness dictates that when a tort plaintiff recovers monetary damages that reflect payment for medical expenses which were paid by plaintiff’s medical plan, the health insurer is entitled to repayment in a way that respects plaintiff’s investment in obtaining that coverage. However, where the responsible party’s insurance coverage is inadequate to compensate for the harm caused, equity demands that a health insurer not take more from an injured plaintiff’s limited recovery than can reasonably be said to represent payment for such medical expenses. Over the past several decades, health insurance plans have increasingly refused to be restrained by equity, fairness and common sense. Meanwhile, the courts have sided with the medical insurance companies; effectively absolving them of the dictates of any notion of fairness. Therefore, unlike the defendant, tort plaintiffs are receiving less than they bargained for from their health insurance coverage while the civil justice system condones the result. Howell v. Hamilton Disregards Common Sense Howell adds insult to injury allowing tort defendants to reap the benefits of the discounts secured through plaintiffs’ medical insurance premium dollars. The high court’s decision results in a tort defendant paying less in monetary damages to an insured plaintiff than it otherwise would if plaintiff had secured no medical insurance coverage at all. The result: A plaintiff who responsibly maintains an increasingly costly health insurance plan is “rewarded” with a reduced recovery while the civil justice system disregards any common sense limitation on those same health insurers’ right to obtain a larger portion of plaintiffs’ already limited monetary recovery. If you don’t have someone looking out for you, your health insurance could cost more than you realize. Our personal injury and accident attorneys are here to protect you. Call us today at 1 (888) 873-6639.

According to a study, taxes can actually kill you, if it affects your ability to safely drive. Can tax stress increase your risk of a car accident? Tax day is upon us and according to a recent study done by the University of Toronto , deaths from traffic accidents around April 15 rose 6% on average on each of the last 30 years of tax filing days compared with a day during the week prior and a week later. The study also found that even though taxpayers can file their taxes electronically, it did not negate the accident tendencies. Professor Donald Redelmeier, the lead researcher, suggested that factors like stress, lack of sleep, alcohol, low tolerance for other drivers can contribute to fatal drivers. April 15th: Too much stress for some Professor Redelmeier stated that “Our research suggests that stressful deadlines can contribute to driver error that can contribute to fatal crashes…People have, for a long time, speculated that psychological stress may contribute to real world crashes, but this is the first study to pint that down.” So, drive carefully on tax day and look out for other drivers making errors on the road caused by the stress from filing their taxes. If you become the victim of a stressed out driver, our Sacramento auto accident attorneys can help you. Source: Business Week, “Fatal Crashes Mount on IRS Filing Day”

People often have the misconception that semi truck and commercial vehicle accidents are more often than not, the fault of the commercial driver. In reality, only 15% of accidents involve commercial vehicles in the US, with a large percentage of those being the result of a passenger car. Here are some tips, tricks, and facts to help you avoid a commercial vehicle accident. Commercial Vehicle Accidents: Common Causes The most common factor in commercial vehicle collisions is the car driver’s lack of knowledge in the truck’s capabilities (i.e. acceleration, braking, and visibility limits) Some of the most common unsafe practices that cause accidents include: Driving in the truck’s “No-Zones” where the truck driver’s visibility is severely limited or non-existent Pulling into traffic in front of a truck without accelerating sufficiently Passing a truck and being blown out of the lane by the cross-wind Driving to the right of a truck in the process of making a right turn Abruptly changing lanes in front of a truck Failing to move a disabled vehicle onto the shoulder of a highway Review more unsafe practices to educate yourself on the best ways to avoid commercial vehicle and semi truck accidents and start share the road. Commercial Vehicle Safety Tips While speeding down the highway whether you’re a commercial vehicle driver or just on your way to pick up the kids, there are important safety practices that can help keep the road safe for all of us. Here is a list for all drivers to keep in mind whether you are a commercial driver, or a car driver: Don’t Overwork Yourself If you’ve ever driven a truck or bus, you know they are powerful vehicles, and they require a driver to be at full capacity in order to keep the roads safe. Both professional and non-professional drivers should be sure to get plenty of rest before starting your drive and be sure to eat regularly to avoid illness and impaired thinking. Know Your “No-Zone” Every vehicle has it’s blind spots, but not all car drivers realize what these “No-Zones” are, which means a commercial driver has to be vigilant in monitoring these ares to keep the road safe. As a car driver, keep in mind that if you can’t see a truck’s mirror, they can’t see you, and you should move into the truck’s “Visibility-Zone” as soon as you can. Ward off Tiredness Falling asleep at the wheel is one of the leading causes of accidents on the highway. From things as simple as chewing gum or playing music, to pulling over to catch a nap or grabbing some coffee, it is important to take care of yourself and help cut down on the number of risks out there on the road. No deadline is worth putting yourself or others in danger. Keep Your Distance It is not always easy to keep enough space between you and the vehicle in front of you. If there is heavy traffic, or if there is an aggressive driver on the road, cars may cut in front of you. But if you hit somebody in a rear-end collision, you will most likely be considered “at fault”. Cars should always keep in mind that large commercial vehicles must continuously drive on the defensive, with enough space around them to navigate through in case of emergency. It is important for cars to be aware of a commercial vehicle’s capabilities and limitations in order to prevent accidents on the road. For more tips and tricks check out the links below. Have you or a loved one been in an accident involving a commercial vehicle? Contact the law offices of Frank D. Penney for more information and help. Resources Information and help with commercial vehicle accidents: http://www.penneylaw.com/california-truck-accident-lawyer.aspx U.S. Department of Transportation’s list of tips and tricks: http://www.sharetheroadsafely.org/truckandbusdrivers/truckandbussafetytips.asp Common Causes of Commercial Truck Accidents: http://injury.findlaw.com/car-accident/truck-accident/truck-accident-causes.html U.S. Department of Transportation’s commercial vehicle facts: http://www.fmcsa.dot.gov/facts-research/facts-figures/analysis-statistics/cmvfacts.htm  

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.