Nield Law Group, APCNield Law Group, APC2023-03-31T08:33:00Zhttps://www.nieldlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1403761/2020/02/cropped-3369322_site-ID-32x32.pngOn Behalf of Nield Law Group, APChttps://www.nieldlaw.com/?p=677222022-10-20T12:15:18Z2022-10-19T18:00:42ZDrivers often assume that a rural road is safer. It feels like it has lower traffic levels than a city street. There are fewer traffic controls, stop signs, pedestrians and other such issues, making it less confusing. These wide open spaces feel like a safe and simple place to drive.
But studies into traffic statistics actually show that the opposite thing is occurring. Fatal accidents happen at a higher rate – a disproportionately high rate – on rural roads. In some cases, this means there are still fewer fatalities, but you have to factor in traffic levels and miles driven. When you look at the number of fatalities per mile, it’s much higher than what you’ll find in the city.
Why is this?
One reason for this difference is that rural roads have higher speed limits. Crashing at 55 miles an hour is simply more likely to be fatal. So there may be more accidents in the city, but they are less likely to lead to fatal injuries or to severe injuries.Another reason is that rural roads are farther from hospitals. When response times are increased, it can mean that someone passes away from their injuries simply because medical care cannot arrive at the scene – or get them back to the hospital – in time. Finally, some studies have noted that drivers in rural areas are more likely to be impaired and less likely to use their seatbelts. Both of these things could increase the odds of a fatality in a crash and may increase the odds of the crash itself.
What can you do next?
If you’ve lost a loved one in an accident, make sure you know exactly what legal options you have. You may deserve substantial compensation.
]]>On Behalf of Nield Law Group, APChttps://www.nieldlaw.com/?p=677202022-10-11T19:10:25Z2022-10-11T16:00:24Zcan’t always regenerate and renew the neural cells. This means that a traumatic brain injury that is severe enough to cause cell death can’t simply be fixed. What types of symptoms may you be dealing with and how can you seek compensation?
Memory loss
One of the main symptoms is memory loss, and you may not remember the event in which you were injured. But you could also struggle to create new memories, which can make it difficult to be a parent, to be in a marital relationship or even to continue your career.
Reduced skills
In some cases, skills that you had before are just reduced. This is common with language skills, for instance. You may still be able to talk, but it may be harder for you to find the right words. You could also have balance problems or mobility issues. They may not entirely make it impossible for you to move on your own, but your body doesn’t respond like it once did.
Seizures and headaches
One thing that is often concerning is for people to have to live with the threat of a future seizure or the onset of a migraine or a serious headache. But, since the brain can’t always perfectly heal, this could still continue long after the accident.
Seeking compensation
These are just a few examples of long-term issues that you can face, but you can see how they can take a toll on your life. They can be very expensive to treat and you could lose a lot of wages if you can’t work. Make sure that you know how to seek financial compensation from the party responsible.]]>On Behalf of Nield Law Group, APChttps://www.nieldlaw.com/?p=677142022-10-05T20:12:37Z2022-10-05T16:00:19ZIn a perfect world, pedestrians injured by negligent drivers would rest and focus on healing. Unfortunately, you also have to deal with insurance companies in the real world.
After your accident, you may think that the driver’s insurance will compensate you for damages, but sometimes insurance companies in California deny claims. Here are some common reasons why your pedestrian insurance claim may be denied.
1. Not filing your claim on time
In California, the statute of limitation to file a personal injury case is two years from the date of the accident. If you fail to make a claim within this time, your claim can be denied, and you lose the right to bring a lawsuit. It’s important to take action as soon as possible after an accident because you can’t delay legal action indefinitely.
2. Not seeking medical treatment
The main reason why most pedestrians don’t receive compensation for their injuries is that they don’t seek treatment after the accident – so there’s no proof of injury. It’s crucial that you visit a doctor for an evaluation. Remember that some injuries may not present themselves immediately, and sometimes you may not feel pain until days after the accident.
3. Lack of evidence
To get compensated after an accident, you need to provide evidence. Eyewitness statements, a police report, a doctor’s report, photos of your injuries and even an accident reconstruction may be needed to support your claim.
4. Resistance from the insurer
Sometimes insurance companies don’t play fair. This means they may have denied your legitimate claim, made threatening statements, advised you not to seek legal assistance or offered you a lowball settlement amount. Don’t walk away from your pedestrian accident claim without doing everything in your power to obtain fair compensation. Experienced legal guidance can help you get the money you need to have financial stability as you heal and move forward.]]>On Behalf of Nield Law Group, APChttps://www.nieldlaw.com/?p=677112022-10-03T20:27:50Z2022-10-03T16:00:37Zhow should you handle angry drivers?
Avoid confrontation
If a driver is goading you, it can be tempting to react. This is never in your best interests. Getting into a confrontation will only serve to escalate the situation. If possible, ignore the driver no matter what they are shouting at you. This doesn’t mean that you can’t do anything, however.
Document the incident
Instead of getting into a confrontation, there are a number of useful things that you can do. Take a note of the vehicle make, model and registration if possible. Try to remember what the driver looked like. This will be very useful when it comes to filing a police report later. You may opt to go one step further by recording the entire thing. More and more cyclists are utilizing helmet and bike cameras to help ensure their safety. This way, law enforcement can get a good view of precisely what happened.
You take every possible precaution as a cyclist. You’re careful, conscientious and always make sure that you’re in visible clothing. Unfortunately, this isn’t always enough, and you could still be caught up in an accident. If the negligence of a driver has caused you injuries, then you may be able to hold them to account. Obtaining legal guidance will help you to assert your rights.]]>On Behalf of Nield Law Group, APChttps://www.nieldlaw.com/?p=677092022-09-20T18:14:28Z2022-09-20T17:00:34ZDon't walk home after drinking
Alcohol is one of the biggest contributing factors to pedestrian crashes. In 13% of the reported pedestrian collisions analyzed by the Centers for Disease Control and Prevention, the driver who hit the pedestrian was under the influence of alcohol.
However, there are another 32% of crashes that involve a pedestrian drinking too much. There is also a substantial amount of overlap, as testing in some cases show that both the pedestrian and the driver had alcohol in their bloodstream.
Avoid distraction
Talking on the phone while walking to an appointment might help calm your nerves, but it might also distract you. The same is true responding to an email, reading a text message or playing a mobile game as you walk down the road. Distraction might mean that you fail to properly monitor your surroundings and step out into traffic when it is unsafe to do so.
Plan your route carefully if possible
Sometimes, you don't control where you need to walk. If your car breaks down on a rural road, you may need to walk somewhere for shelter, for example. However, if you frequently walk for exercise or transportation, you can choose what roads you travel.
Choosing roads that have sidewalks could save your life. So could walking on roads with lower speed limits. The higher the speed of the vehicle at the time of the crash, the more likely it is to prove fatal for the pedestrian.
If you take the right steps when you walk, you can prevent some crashes and make it harder for a driver to blame you for once if you do get hit. Learning more about pedestrian crashes and your rights after one can help you demand compensation when a driver injures you.]]>On Behalf of Nield Law Group, APChttps://www.nieldlaw.com/?p=677062022-09-12T13:22:27Z2022-09-12T13:22:27ZThe fallout of a motor vehicle accident can be devastating. You may face extensive property damage that cannot be repaired. You could also suffer potentially catastrophic accident injuries like spine or brain damage.
You probably expect fair treatment from the insurers involved in your accident, even the other driver’s insurer. Unfortunately, your hopes may be misplaced. The other party's insurance company may offer a poor settlement or deny the claim outright for the following reasons:
Missed filing deadlines
Insurance policies contain details on how long you have to file a claim after a crash, but such deadlines are not generally made public. You can ask the other driver’s insurance provider for this information. If you miss the filing window, there may be little you can do about a claim denial.
Insurance policy exclusions
Most companies reject insurance claims if a natural disaster or “act of God” (sudden storms, etc.) caused the crash. Claims denials based on exclusions can occur if the involved insurers attribute your harm to supposedly unavoidable conditions.
Policy has lapsed
Unfortunately, compensation might be out of reach if the other motorist allowed their insurance to lapse. If you do not have uninsured motorist coverage, you may need to think outside the box for possible compensation.For example, you could sue the other driver directly. However, it is wise to seek legal counsel to determine if it is worth the effort to initiate a lawsuit. If the person has few assets, it probably isn’t worth the costs of litigating the matter.Sometimes, insurance companies break the rules and undercut or deny claims in bad faith. If you believe this is an issue, consider learning more about motor vehicle accidents and California insurance compensation laws.]]>On Behalf of Nield Law Group, APChttps://www.nieldlaw.com/?p=677002022-08-26T16:11:46Z2022-08-26T15:47:25ZWhat can you do to prevent a bike crash as a cyclist?
As a cyclist, there are a few things you can do to prevent a bike crash.
Wear bright, light colors to stand out.
Use bike lanes and areas where cyclists are common.
Ride with other cyclists, so you’re all more apparent.
Use lights and reflectors on your bicycle.
Get a horn or bell that you can use to make yourself more obvious.
Drivers should always look both ways before turning or pulling out, checking for cyclists.
Drivers should be cautious when moving over to make a right-hand turn, since cyclists may be in a bike lane or on the right-hand side of the road. Moving over without looking could lead to a side-impact crash.
Drivers can prevent dooring accidents by looking along the side of their vehicles before opening the door.
Slowing down can prevent crashes, since drivers have more time to look and maneuver around corners.
When backing out, drivers need to look to make sure no cyclists are in their paths.
Bike crashes don’t have to happen. If cyclists and drivers both take steps to prevent them, then it’s possible to stop serious accidents from happening.
You deserve a chance to seek compensation after a crash
If you do get into a crash, you may have a right to pursue a personal injury claim and hold the at-fault driver liable. You deserve fair compensation for what you’ve been through as a result of another person’s negligence.]]>On Behalf of Nield Law Group, APChttps://www.nieldlaw.com/?p=676892022-08-11T21:47:24Z2022-08-08T19:52:27ZWhen it comes to cycling safety, there is one piece of equipment that everyone knows cyclists should use. Bike helmets are the last line of defense for your brain in the event of a crash.
When a cyclist loses their balance and falls, a helmet can protect them from a brain injury. When a cyclist experiences a collision with a motor vehicle, a helmet could decrease the severity of their injuries or even save their life. Some cyclists believe that helmets aren't worth the investment to purchase them or the obligation to wear them constantly. Is a helmet truly beneficial to your safety on the road?
Despite shortcomings, helmets can make a difference
Although state law does require that those under 18 wear helmets when biking, there are no such requirements for adult cyclists. The decision is left to the individual, and many people choose to go for rides at least occasionally without a helmet. One of the reasons people give for not wearing a helmet is that bicycle helmets don't have safety ratings for collisions with cars. Simply put, there are no reliable means of protecting the head sufficiently in a crash between a bicycle and a vehicle, so the safety testing for bicycle helmets doesn't focus on such collisions. While a helmet does not guarantee your protection in a collision involving a four-wheeled vehicle, it can still decrease your risk of severe injury and death. Committing to consistently wearing a bicycle helmet may not protect you from a cycling crash, but it can improve your prognosis after you get hit by someone in a vehicle on your bike.]]>On Behalf of Nield Law Group, APChttps://www.nieldlaw.com/?p=676952022-08-11T21:48:54Z2022-08-05T22:22:19ZIf you've been in a car accident, there's a chance that you may have suffered a traumatic brain injury. Traumatic brain injuries can be challenging to diagnose because the symptoms may not show up immediately.
It's important to know the signs of traumatic brain injuries and how they can differ from person to person.
What causes a traumatic brain injury?
A traumatic brain injury (TBI) is defined as a blow or jolt to the head that disrupts the brain's normal functioning. A TBI can range from mild (a concussion) to severe (a deep coma) and can result from a fall, a car accident, or a blow to the head during contact sports, among other things. It can cause long-term damage and even death if not treated properly.Symptoms may appear immediately or develop over time and may include
Headache
Dizziness
Nausea
Fatigue
Difficulty sleeping
Trouble concentrating
Light sensitivity
Mood changes.
Seizures, slurred speech, paralysis, and coma could be signs of a more severe TBI. If you are in a car accident, the first thing you should do is seek medical attention. Even if you don't think you were seriously injured, it's essential to get checked out by a doctor or other medical professional as soon as possible. TBI can sometimes be difficult to diagnose, so getting a professional opinion is vital. Suppose you do have a TBI as a result of a car accident. In that case, you may be entitled to receive compensation through a personal injury lawsuit to recover damages for your medical expenses, lost wages, and pain and suffering. ]]>On Behalf of Nield Law Group, APChttps://www.nieldlaw.com/?p=676812022-07-26T15:04:51Z2022-08-01T15:04:20ZMany people prefer to run when the air temperature is cooler, whether at night or early in the morning. If you're one of them, you need to take extra safety measures compared to your daytime counterparts.
Just because fewer people are out and about doesn't mean you should let your guard down. Here's how to enjoy your run and stay safe in the dark.
Be seen to be safe!
Compared to running during the day, you're less visible to drivers, and you have a higher chance of encountering animals or other obstacles in your way. That's why taking extra safety precautions when running after the sun goes down is essential. Here are some tips:
Always inform someone when heading out for a run, and remember to take your phone and ID.
Run in well-lit, populated areas, but that is also where there is increased traffic.
Pay attention to your surroundings. Be aware of traffic, obstacles, and other runners.
If you are wearing headphones, keep the volume low so you can still hear what's happening around you.
Run against traffic. This will help you see oncoming traffic and avoid potholes, uneven sidewalks, and other obstacles on the road.
When dressing for a night run, it is important to be visible to both oncoming traffic and pedestrians. Reflective materials are key, so aim to wear light-colored clothing with reflectors built-in or attached. It is also a good idea to wear a headlamp or carry a flashlight so you can see and be seen.Even if you follow these tips, you could still be hit by an inattentive driver. If that happens, you will need to seek compensation for your injuries.]]>