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The transportation of goods across the state and country keep businesses and our economy going.
To transport large amounts of product, big rig trucks are used by companies across the United States. These big rig trucks, tractor trailers and eighteen wheelers are also known as "commercial trucks" and require experienced drivers to drive them. In order for companies to transport large amounts of goods on heavy 18-wheelers numerous state and federal laws exist to ensure that trucking companies do not put the public at risk of injury or death when using these big trucks on our highway systems.
Unfortunately, in order to lower costs and maximize profits, or simply due to poor management and oversight, trucking companies routinely ignore safety laws which can ultimately lead to severe injuries or even death.
Commercial truck collisions causing death account from anywhere between 41,000 to 45,000 deaths a year in the U.S. alone. The Federal Motor Carrier Safety Administration (“FMCSA”) maintains the Motor Carrier Management Information System to track the safety performance of commercial motor carriers and hazardous material carriers. Commercial trucking companies often receive violations for failing to engage in the following safety practices which can mean life or death for innocent pedestrians and drivers on the roadways:
· Failing to Log Driver Hours
· Failing to Maintain Records of Driver Duty Status
· Driving Faster than the Posted Speed Limit
· Driving Beyond 8-Hour Limit Since the End of the Last Off-Duty or Sleeper Period of at Least 30 Minutes
· Failure to Obey Traffic Control Devices
· False Report of Driver’s Record
· Operating a Commercial Vehicle without A Commercial Driver’s License
· Driving Beyond 14-Hour Duty Period
· Following Too Close
· Using Handheld Mobile Device While Driving
· Defective Headlights or Rear Lights
· Defective Break System
· Oil and Grease Leaks
· Improper Tire Pressures
· Drug and Alcohol Violations
· Railroad Crossing Violations
Trucking companies who fail to follow the state and federal regulations are basically gambling that they won’t get caught in order to find an edge in their profits and keep their costs down. This gamble is at the risk of the general public who share the roadways with these big rig trucks.
Injuries caused by commercial trucking collisions are often severe, resulting in spinal injuries, brain injuries, amputations and, sadly, in many cases death.
We have handled numerous collision cases and have sued big rig trucking companies for causing severe injuries to our clients. We have recovered millions in compensation and know the ins and outs of dealing with the insurance companies as well as the trucking companies who attempt to get away with breaking the law and causing our client’s injuries.
For a free consultation to discuss your case please call us at any time at 858-345-6289. Let us begin our investigation and help you and your family recover the compensation and justice you deserve. No one should fight these big rig trucking companies and their insurance companies alone. We understand the difficulties that you are facing and we won’t stop fighting for you until the fighting is done!
If you've been injured in an accident, please contact our firm to set up a free consultation 858-345-6289
Many people believe that crosswalks are safe zones where they cannot get injured. However, more often than not, crosswalks can become hazardous areas which can cause injury or death.
When can a crosswalk become a dangerous condition? Well, California Government Code section 830 defines a “dangerous condition” as a condition of property that creates a substantial risk of injury even when the property, or surrounding property is used with due care in a manner in which it is reasonably foreseeable it would be used.
The tricky part becomes in determining what constitutes a “dangerous condition.” California case law has held that determining what constitutes a dangerous condition depends on the facts, variables, and totality of the surrounding circumstances.
Some of issues analyzed include but are not limited to the following:
1. Was the crosswalk faded in color, i.e., was it properly painted and delineated as to where to walk?
2. Did the crosswalk have adequate signage that was visible?
3. Was the design placement correct? Could the crosswalk or its placement been situated in a more safer location?
4. Should traffic signs and signals have been installed on or around the crosswalk area?
5. Was there a history of prior accidents, injury or death?
6. Was the crosswalk created for the pedestrian traffic or demographics intended for its use?
7. Should additional safety measures have been incorporated into or around the crosswalk? i.e., road markings or speed bumps, flashing lights or signals.
8. Was there appropriate lighting near the crosswalk to assist pedestrians and vehicle driver visibility?
9. Are there other buildings or vehicles impeding vision surrounding the crosswalk like bus stops, electrical and power units, parking for vehicles close to the crosswalk that would affect visibility.
If you or your loved one has been injured or killed at a crosswalk, please call the Hariri Law Group for a free consultation – 858-345-6289.
If you are injured in an accident, the moments that follow can be confusing and stressful. Whether it be an accident at work, at a place of business, or an auto accident, it is easy to be overwhelmed with what you need to do immediately following the accident in order to protect yourself. Many important details about the accident can easily be forgotten over time, and something that you might not even notice at the time may become a key fact down the road.
Most people these days realize the importance of taking pictures of the accident, which has become very simple thanks to smartphones. However, pictures cannot tell the whole story, and there are a number of other steps you can take to protect yourself. Here are a list of things to keep in mind if you are ever in accident:
• Do immediately call for medical help if someone is injured. An injury that may seem minor at first could potentially be something more serious.
• Do report the accident to your insurance agent as soon as possible.
• Do exchange information with the other parties involved. If you are in a car accident, be sure to get the following information: license plate numbers; the others drivers’ insurance information and driver’s license numbers; and, the make and model of the vehicles involved in the accident.
• Do get the names, addresses, and phone numbers of any witnesses. Witnesses can help clarify facts about the accident, and provide details that you may not have noticed about the accident or the events surrounding it.
• Do take note of the conditions surrounding the accident, such as the time of day, weather, distances, any dangerous conditions, etc.
• Do call the police if necessary. They will document the accident and gather facts for legal purposes. This is especially important in the case of an auto accident, as any police report will become an important piece of evidence.
• Don’t leave the scene of the accident.
• Don’t delay in getting treatment if you are injured. You may be seriously injured and not realize it. In addition, someone may question the validity of your injuries if choose not to immediately seek treatment.
• Don’t discuss the accident with anyone at the scene, and don’t discuss who is at fault. Statements made about who or what caused the accident can later be used to challenge certain versions of the accident, and may be used against you.
• Don’t forget take pictures. This is especially important in an auto accident.
• Don’t speak to anybody from the at-fault party’s insurance company before consulting a lawyer.
• Don’t wait to get legal advice. The longer you wait, the more difficult it is to prove your case.
• Don’t sign any documents from an insurance company without getting legal advice first, as you may be inadvertently waiving rights you may have.
• Don’t agree to a settlement of your case until you get legal advice.
Large cities like San Diego and Los Angeles have extensive bus and trolley systems to help transport the public around the city. The Metropolitan Transit System ("MTS") is San Diego’s public transportation system.
With hundreds of thousands of members of the public using public transportation system, there is a high likelihood that an incident will occur which can cause injury or death. We have handled numerous claims pertaining to MTS injuries, including but not limited to, falling on a bus or trolley, getting hit by a trolley or bus, assaults and batteries by MTS Security Officers, and vehicle collisions involving MTS buses or trolleys.
Because MTS is a public entity, there are important statutory rules and procedures that must be followed when an injury occurs on an MTS vehicle or is caused by an MTS employee. Under California law, a claim must be made within six months from the date of the incident. It is important to contact a lawyer to ensure that the proper procedures are followed when making a claim against the City of San Diego.
If you've been injured by San Diego Metropolitan Transportation System vehicle, please call the Hariri Law Group for a free consultation – 858-345-6289.
Vaping is also another name for the use of electronic cigarettes (“e-cigarettes”). E-cigarettes are a type of handheld device powered by batteries which create a mechanism inside the e-cigarettes to heat up a liquid solution or create a vapor which is then inhaled. The liquids inside e-cigarettes can be tobacco or cannabis-related.
Unfortunately, though many individuals believe e-cigarettes are a “healthier” alternative, these products have the risk of causing serious injury and/or death. The number of injuries resulting from vaping and the use of e-cigarettes has risen substantially in 2019.
These injuries can be quite severe, with e-cigarettes exploding in the hands or face of individuals using these products. Injuries can include third and fourth degree burns, loss of appendages, loss of vision, and traumatic brain injuries.
In a recent article published by the Washington Post, it was reported that new vape-related lung illness was on the rise. It believed that this new vaping-related illness had taken five lives as of September 6, 2019.
Health officials and physicians have reported a worrisome trend in acute lung disorders in people who were vaping. Details of this acute lung disorder were published in the New England Journal of Medicine. The technical term for the injury is severe pulmonary illness associated with vaping or e-cigarettes.
To date, there have been approximately eleven San Diego residents who have been hospitalized for severe lung problems believed to be linked to vaping.
More and more evidence is being compiled pertaining to these deaths and injuries. If you have been injured by an e-cigarette or vaping products, please call our firm for a free consultation.
If a loved one has died due to lung injuries or complications, and a physician believes that there is a link to e-cigarette and/or vaping use, contact us to look into the matter and investigate whether a claim can be brought against the at fault party.
If you have been injured and are not sure what to do next, please contact our firm to set up a free consultation 858-345-6289.
With construction and remodel work booming in San Diego, Orange County and Los Angeles, there has been recent news that artificial stone used for kitchen and bathroom countertops is causing severe irreversible lung injuries, and in some cases death.
For some kitchen and bathroom countertops, the material used to create these products is made of silica, a substance known to cause lung injury or death if inhaled. NPR recently published an investigative report into the matter stating that counter tops which are composed of silica, when polished or cut, can produce silica dust, which if inhaled can cause severe lung damage or death.
NPR reported that in one case, a worker who had cut and polished silica composed countertops for his company was often covered in silica dust, on his clothes, in his nose, ears and hair. This worker eventually became weak and dizzy and was diagnosed by his doctors with silicosis, “a lung disease that can be progressive and has no treatment except for lung transplant.” Two other works who were also diagnosed with silicosis died.
It is imperative that employers provide their workers with proper safety equipment and meet all OSHA guidelines for ventilation and containment in the workplace, especially when working with a dangerous materials made of silica.
If you are worker who is required to cut and/or polish bathroom and kitchen counter tops which you believe contain Silica materials and have been diagnosed with lung injuries please contact our firm for a free consultation.
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