Sacramento Personal Injury Lawyer

Should Seatbelts Be Required on Buses?

Jessica Grigsby — Mon, 07 May 2012 20:40:42 GMT

For years, our roadways in California have been dotted with signs reminding drivers to “Click It or Ticket”. For much longer, highway safety agencies and advocacy groups have been pushing seat belt use as one of the most effective ways to prevent injury and death in auto accidents. On a national level, seat belts have been required equipment in passenger cars since 1968.

So it is a bit alarming that there is one place where seat belts aren’t legally required on a national level: school buses. Every day, thousands of children board a school bus to get to school and—despite our best attempts to teach them to always use a seat belt—on this daily form of transportation there are no safety belts in sight. Instead, for decades, school bus safety has been built around a concept known as “compartmentalization” to keep our kids safe—in other words, the use of high, padded seat backs that keep kids “compartmentalized” in the event of crash. According to NHTSA, combined with the size and weight of school buses, “compartmentalization” has proven effective at protecting school bus passengers.

But certainly there would be no harm in also installing seat belts? Particularly given how they have been heralded as such an effective safety device in car accidents? Thankfully, in California, students who ride school buses have the benefit of both compartmentalization and seat belts. According to California’s Vehicle Code, school buses that carry more than 16 passengers and manufactured after 2005 and school buses that carry fewer than 16 passengers and manufactured after 2004 are required to have passenger restraint systems.

The Demas Law Group has been providing the highest quality of legal services to Californians for nearly twenty years. We take great pride in meeting our clients’ needs while working together to win your case and obtain the maximum compensation allowed by law. We are here to help you during this difficult time. Call our team of Sacramento personal injury lawyers at 888 776 0977 to speak with an attorney. To learn more about why you should hire us click here.

Originally posted at InjuryBoard by Jessica Grigsby

Patients rights in a nursing home

Jessica Grigsby — Mon, 30 Apr 2012 13:59:41 GMT

When you or someone you love is faced with the decision to reside in a nursing home it can be very scary. You should do as much research as you can on the facility and interview the residents themselves if allowed. One of the most important pieces of information that needs to be known is the patients’ rights while in the home.

There are federal and state laws in place to help protect the patient. It is imperative that you familiarize yourself with these laws and rights, so you can be aware of them in the event you feel you are being violated.

Residents of nursing homes should be treated with quality care; there is no reason for disrespect, abuse or negligence. The official U.S. government site for Medicare lists some of the patients’ rights which are but not limited to:

Individuals have the right to be treated with respect, free from mental or physical abuse; they should be addressed by their name, have freedom from restraints unless deemed medically necessary, be fed, clean and clothed.

The patient has the right to receive information about the facility’s services and the fees in written form prior to entering the home.

Residents have the right to handle their own money and financial affairs; they may appoint someone else like a power of attorney to handle their business.

Patients have the right to privacy, and are allowed to keep their personal belongings as long as it does not interfere, or impose on another’s rights.

Individuals have the right to seek medical care by their physician of choice, have access to their medical records, and refuse treatments and/or medications.

Patients that reside in a nursing home have every right to be treated with kindness and in the most humane way. Recognizing nursing home abuse and neglect as quickly as possible is key. Being observant and knowing how to distinguish if something is wrong helps the patient get the best possible care. They should have the ability to make independent choices, have unrestricted and private conversations, be treated with dignity, have the option of placing a complaint if they choose, or have a concern addressed in a timely fashion.

Just because someone is a resident in a nursing home does not mean they are stripped of everything; patients have rights.

Choosing a Nursing Home

As the old adage goes, “Knowledge is power.” The Centers for Medicare and Medicaid Services, collects data on more than 15,000 nursing homes around the country each year. The information is then compiled on Medicare.gov where you can search and compare overall rankings. But, keep in mind, government rankings are limited and reflect a short period of performance.

Originally posted at InjuryBoard by Jessica Grigsby

Dangerous Fans Can Ruin the Best Summer Winds

Jessica Grigsby — Mon, 02 Apr 2012 18:55:03 GMT

Just because you’ve been using the same fan for the past several years doesn’t mean it’s completely safe. In fact, many of us keep using the same fans over and over, never checking to see if they were recalled years ago.

Now that spring is here and summer is just around the corner, you may be hoping to save a bit of money on your utility bills by using a fan. Before plugging one of them in, make sure you’re not using any of the models listed below that were recalled in recent years.

Major Fan Recalls During the Past Five Years

In March of 2012, Westinghouse Lighting Corp., of Philadelphia, Pennsylvania, recalled about 7,000 Ceiling Fans due to light bulb issues that can make the fans overheat, creating fire and shock risks for those using them. These ceiling fans feature 24-, 30- and 42-inch diameter blades and were sold at many home improvement and hardware stores across the nation;
In March of 2011, Lasko Products Inc., of West Chester Pennsylvania, recalled approximately 4.8 million Box Fans due to the fans’ motors having an electrical failure problem that can pose fire risks to consumers;
Several years ago, the Holmes Group of Milford, Massachusetts, agreed to recall about 300,000 Holmes® Oscillating Tower Fans due to faulty wiring that can cause fire hazards to those using them. At least sixteen incident reports involving property damage were received, as well as one injury report tied to smoke inhalation and minor burns. Manufactured in China, these fans were sold at Target and Bed, Bath and Beyond;
In August of 2009, The Modern Fan Co. Inc., of Ashland, Oregon, agreed to recall approximately 1,300 Pensi Ceiling Fans because faulty parts can cause these fans to fall from the ceiling, creating injury hazards to consumers. Like so many other fans used in America, these were manufactured in China;
Several years ago, A.O. Smith Electrical Products Co., of Tipp City, Ohio, recalled close to 6,300 Whole-house Exhaust Fan Electric Motors because some of them are poorly wired and can overheat.

Again, make sure you aren’t still using any of these fans in your homes or offices. Also, be especially careful when shopping at discount or used equipment stores since they may be erroneously still selling some of these models that may have been on the shelves for years.

If you find you still have one of these models, stop using it immediately and contact the manufacturer to see if you can still receive a reimbursement for the product or be told how you can get it repaired.

The Demas Law Group has been providing the highest quality of legal services to Californians for nearly twenty years. We take great pride in meeting our clients’ needs while working together to win your case and obtain the maximum compensation allowed by law. We are here to help you during this difficult time. Call our team of Sacramento personal injury lawyers at 888 776 0977 to speak with an attorney. To learn more about why you should hire us click here.

Originally posted at InjuryBoard by Jessica Grigsby

How to deal with an insurance adjuster after an accident

Jessica Grigsby — Thu, 22 Mar 2012 19:28:00 GMT

You’ve been in an auto accident. You’ve called your car insurance company to file the claim. Now you’re faced with dealing with someone called the “claims adjuster”. It is this person who has a lot of control over how much your insurance company will be offering to pay for medical bills, for repairs or replacement of a damaged vehicle, and for any other property damage that might have occurred. Suffice it to say, this person has a pretty important role in calculating your recovery. And it may very well seem like you are at their mercy. But the truth is that there are concrete things that you can do that will make your dealings with the claims adjuster more palatable and—hopefully—fruitful.

(1)Be informed

The claims adjuster can’t just make up a number out of thin air. They are required to follow the insurance laws of the state where you live and they are also required to follow the terms of your policy. You will be better equipped to deal with the adjuster if you also know what your rights are and what your policy actually says it covers. Make sure you read and understand your policy. And educate yourself on what your rights are. For California residents, a good place to start is the Department of Insurance guide on what to do following an accident.

(2)Gather your own evidence

In addition to having general knowledge about your policy and rights, it is also necessary to do your own research about the specifics of your accident and the harm it caused—whether personal or property. Gather as much information and documents that show what you think your claim should be worth. This includes things like: getting your own estimates for car repairs; doing market research to see what it will cost to replace your vehicle; obtaining copies of your medical records; compiling documents about medical treatment that you have already sought; asking about—and documenting—future medical treatments that might be necessary and their costs; holding on to receipts for expenses you’ve already incurred due to the accident.

(3)Be your own advocate

It can be intimidating to work with a claims adjuster—after all, they deal with claims issues on a daily basis, while it is (hopefully) a one-time event for you. But even with that experience gap, stand up for your own rights and interests in a professional manner. If the claims adjuster says something you don’t understand, ask for explanation and documentation. If the claims adjuster seems to be overlooking something in your policy, point it out. If you disagree with an estimate that the adjuster makes, fall back on the evidence you collected—send them a letter detailing your disagreement and support it with documentation. If the adjuster seems to have some facts mistaken, correct them.

(4)Know when to get outside help

Sometimes—especially with complex claims—you might just be in over your head. Of course, this is a judgment call and may very well depend on the extent of injuries and harm, but it is okay to admit to yourself that you simply aren’t getting anywhere with the adjuster. That means it might be time to turn to an attorney who can help you navigate and understand the claims process.

* * *

The Demas Law Group has been providing the highest quality of legal services to Californians for nearly twenty years. We take great pride in meeting our clients’ needs while working together to win your case and obtain the maximum compensation allowed by law. We are here to help you during this difficult time. Call our team of Sacramento personal injury lawyers at 888 776 0977 to speak with an attorney. To learn more about why you should hire us click here.

Originally posted at InjuryBoard by Jessica Grigsby

Dog bites(2)

John Demas — Wed, 14 Mar 2012 22:23:10 GMT

According to data from the Centers for Disease Control and Prevention, an estimated 4.5 million people in the United States are bitten by dogs every single year. While some of these bites may be minor, nearly 900,000 of these dog bite victims, medical attention is required. That treatment can range anywhere from a few stitches and a quick, relatively painless recovery to major reconstructive surgery and life-long consequences. In fact, according to data from the American Society of Plastic Surgeons, nearly 33,000 reconstructive surgeries were conducted in 2010 as a result of dog bites.

Suffice it to say dog bites are a serious issue.

As with many health and safety risks, when it comes to dog bites, prevention is absolutely the best cure. This means being a responsible, smart pet owner. But it also means increasing general public awareness about how even non-dog owners can protect themselves and their loved ones from being bitten by a dog.

If you are a dog owner, or are considering bringing a dog into your home, here are some considerations from the CDC:

Consult with a professional (e.g., veterinarian, animal behaviorist, or responsible breeder) to learn what breeds of dogs are the best fit for your household.
Dogs with histories of aggression are not suitable for households with children.
Be sensitive to cues that a child is fearful or apprehensive about a dog. If a child seems frightened by dogs, wait before bringing a dog into your household.
Spend time with a dog before buying or adopting it. Use caution when bringing a dog into a household with an infant or toddler.
Spay/neuter your dog (this often reduces aggressive tendencies).
Never leave infants or young children alone with a dog.
Don’t play aggressive games with your dog (e.g., wrestling).
Properly socialize and train any dog entering your household. Teach the dog submissive behaviors (e.g., rolling over to expose the abdomen and giving up food without growling).
Immediately seek professional advice (e.g., from veterinarians, animal behaviorists, or responsible breeders) if the dog develops aggressive or undesirable behaviors.

But of course, not all dog owners are responsible dog owners. And even those dogs that are properly trained and socialized can revert to aggressive tendencies under the wrong circumstances. So dog bite prevention is something that all of us need to take seriously. Along those lines, the CDC offers the following recommendations:

Do not approach an unfamiliar dog.
Do not run from a dog or scream.
Remain motionless (e.g., "be still like a tree") when approached by an unfamiliar dog.
If knocked over by a dog, roll into a ball and lie still (e.g., "be still like a log").
Do not allow children to play with a dog unless supervised by an adult.
Immediately report stray dogs or dogs displaying unusual behavior.
Avoid direct eye contact with a dog.
Do not disturb a dog that is sleeping, eating, or caring for puppies.
Do not pet a dog without allowing it to see and sniff you first.

Demas Law Group remains one of Sacramento’s most highly respected and accomplished personal injury law firms. We’ve been successfully representing clients for almost twenty years. Every Demas Law Group attorney takes great pride in obtaining the full compensation and complete justice owed to every client.

Originally posted at InjuryBoard by John Demas

What Happens if you Drive Without Car Insurance?

Jessica Grigsby — Mon, 15 Aug 2011 14:33:41 GMT

California law requires that all drivers and owners of motor vehicles carry car insurance—or, in the language of the law, “evidence of financial responsibility.” All the drivers on the road should be capable of covering the financial costs of any damage that could arise out of driving the car. Insurance can be very expensive and for some people difficult to get. So, what exactly happens if you drive without being insured?

The California vehicle code says that “every person who drives a motor vehicle” should be able to provide evidence of financial responsibility—your proof of insurance—when a police officer requests it. You will be requested to provide proof of insurance when you register your vehicle, as the result of a routine traffic stop or following a collision when the officer responds to the scene of the accident.

There are serious potential penalties for failure to carry insurance and to be able to demonstrate proof of your insurance. A first offense will land you with a fine between $100 and $200. A second offense within three years carries a fine of $200 to $500. But fines might be the least of your troubles if you are caught driving without insurance. The court might also order that your vehicle be impounded, for which you might have to pay the costs.

Those are the penalties if you are simply driving without proof of insurance. If you don’t have insurance and you are involved in an accident, the consequences are even more severe. In this case, the department of motor vehicles, upon receiving the accident report showing you have no insurance, will suspend your driving privileges, even if you are not a resident of California. The DMV will mail a notice of intent to suspend your driving privileges, which then occurs 30 days later.

Driving without insurance—or without enough insurance—is a serious offense in California. Before you get behind the wheel of a car, make sure that you are in compliance with the state’s insurance requirements.

Originally posted at InjuryBoard by Jessica Grigsby

Should you worry about throwing a summer party in California

Jessica Grigsby — Tue, 26 Jul 2011 16:11:09 GMT

If you’re someone who enjoys hosting parties at your home, providing food and drink so that your guests have a good time, you should be aware of what is known in California as “social host liability”. Social host liability generally refers to whether or not a host of a party where alcohol is served can potentially be held civilly liable for accidents and injuries caused by someone who became intoxicated at the party. The laws vary by state, and the law recently changed in California, so it’s worthwhile to take a look at it.

When an intoxicated person causes an accident or injury, including car accidents, it is not uncommon for the injured person to sue, and then questions about causation arise: who actually caused the accident to happen? Was it the intoxicated person who chose to drink too much? Or was it also the host who decided to serve alcohol in the first place? Some states’ laws say that the causal chain goes all the way back to the person who served alcohol—the host—and that the injured person can sue the host. But that is not the general rule in California. Here, social hosts who provide alcoholic beverages to people in general cannot be held legally accountable for damages to that person or anyone else that stem from the alcohol consumption.

The one exception to this rule is if a host knowingly serves alcoholic beverages to a minor. Then, the host MAY be subject to liability. Of course, just because it is possible to sue a host doesn’t mean that they will definitely be held liable. The person brining the lawsuit will still have to show to that providing alcohol to the minor is actually what caused the injury or death to occur.

If you are providing your guests with alcohol, it is always best to exercise caution and be a responsible host. Know the people who are attending your party and whether they can legally drink. Keep an eye on your party and on how much alcohol is being consumed. Make sure that intoxicated guests don’t get behind the wheel of a car. Regardless of the potential for civil liability—or even criminal liability, which is a separate issue—you can make sure that your parties and the memories surrounding them are fun.

Demas & Rosenthal remains one of Sacramento’s most highly respected and accomplished personal injury law firms. We’ve been successfully representing clients for almost twenty years. Every Demas & Rosenthal attorney takes great pride in obtaining the full compensation and complete justice owed to every client.

Originally posted at InjuryBoard by Jessica Grigsby

The Most Important Coverage - UM/UIM

Jessica Grigsby — Fri, 15 Jul 2011 13:59:11 GMT

There are a lot of things that are out of your control when you get behind the wheel of your car. You can be the safest driver out there—driving a safe vehicle, following all the laws and exercising the best defensive driving skills—but at the end of the day, you’re sharing the road with hundreds of thousands of other drivers and your safety depends on their driving skills as well. And when one of those other drivers causes an accident, avoiding it may be out of your hands. Unfortunately, whether the person who caused the accident has insurance to cover the accident is also out of your hands. But that is one thing that you can—and should—control for by carrying good uninsured/underinsured motorist coverage (UM/UIM coverage) on your own policy.

In California, approximately 15% of the drivers out on the road are completely uninsured, leaving them unable to pay when they cause an accident. Countless others are underinsured, meaning that while they may carry insurance, their coverage limits are too low to be meaningful when an accident occurs. The way that you protect yourself against these drivers is by making sure that your own insurance policy includes good UM/UIM coverage. This coverage kicks in to cover bodily injury and property damage when the at-fault driver does not have the state required minimum liability coverage. It provides compensation for medical expenses, loss of income or earnings, any decrease in your ability to earn money in the future, and out-of-pocket expenses that you might pay in relation to the accident. The coverage will also provide recovery for some non-financial losses such as emotional pain and suffering and the loss of the ability to participate in activities that you once enjoyed.

Because UM/UIM coverage is intended to take the place of the other driver’s policy, it is wise to carry coverage levels that are the same as your liability level. And here’s where the insurance consumer needs to pay attention. Even if you carry high liability levels, say $100,000/$300,000, the automatic UM/UIM coverage is often much lower—the legal requirement is $30,000/$60,000. So when you purchase that policy, make sure that you bump those UM/UIM levels up so that they match your liability coverage. The good news is, it is relatively inexpensive to increase the levels, which means that it is a small up-front cost for a potentially large pay off in the end.

Insurance is meant to protect you against the unforeseeable. While accidents themselves may be unforeseeable, one thing that you can guard against is what happens after the accident and making sure that you and your loved ones are taken care of. Having strong UM/UIM coverage may just be the most important part of your policy.

Originally posted at InjuryBoard by Jessica Grigsby

10 ways to stop the cyclist killings

Jessica Grigsby — Mon, 11 Jul 2011 14:23:45 GMT

While bicycle safety on our roadways is the responsibility of everyone—cyclists and motorists alike—unfortunately, the burden of ensuring safety usually f

While bicycle safety on our roadways is the responsibility of everyone—cyclists and motorists alike—unfortunately, the burden of ensuring safety usually falls on the shoulders of the cyclist. Here are ten important things that cyclists can do to keep themselves safe on the road:

Always wear a helmet. In California, bicycle riders under the age of 18 are legally required to wear a bicycle helmet when riding on a public road. But wearing a helmet isn’t just the law: it makes sense. Brain injury is the primary cause of death in cycling crashes, and helmets are 85-88% effective in preventing these injuries.
Maintain your bicycle. Make sure that your bicycle is a good fit for your body size, is properly adjusted and is in good working condition.
Handle your bike with skill. Being a skilled bicyclist increases your control on the road and your ability to avoid hazards. Make sure you can start, stop and turn your bike, ride in a straight line, stay balanced even at slow speeds, and look over your shoulder without swerving.
Obey all traffic signs and signals. This means stopping at stop signs and red lights.
Be visible. Even though motorists have an obligation to share the road with you, and even when you are obeying all traffic laws, bicyclists need to take extra precautions to make themselves seen on the road. Wear brightly colored clothing, install mirrors on your bicycle, and use reflectors and headlamps. Watch traffic closely and be prepared to react.
Be alert to hazards—from other motorists or from the road itself. Watch for warning signs of possible collisions, such as a motorist turning right in front of you or a parked car opens a door into your path. Also look out for potholes, poor road conditions, broken glass, and other hazards. Be prepared to take quick action.
Ride with traffic. Riding with the traffic makes bikers more visible to other drivers on the road.
Know where to ride on the road. If there is a bike lane or path available, use it. If not, then ride to the right of the lane you are in. If there is no shoulder or bike lane and the traffic lane is too narrow, then ride closer to the center of the lane.
Ride to the right, but not too far to the right. Do not ride so close to the right side of the road that you risk hitting the curb or running into parked cars or other road hazards. Also avoid the far right when the lane of traffic is too narrow to ride beside a car, when making a left turn, or to avoid conflicts with right-turning vehicles.
Make left turns with caution. The safest two ways to turn left are to use the traffic lanes themselves or to use the crosswalk and cross the intersection like a pedestrian. If using the traffic lanes, always be sure to check behind you before moving to the left of your lane or moving over a lane. Position yourself so that vehicles cannot pass you on your left while you are turning.

alls on the shoulders of the cyclist. Here are ten important things that cyclists can do to keep themselves safe on the road:

Always wear a helmet. In California, bicycle riders under the age of 18 are legally required to wear a bicycle helmet when riding on a public road. But wearing a helmet isn’t just the law: it makes sense. Brain injury is the primary cause of death in cycling crashes, and helmets are 85-88% effective in preventing these injuries.
Maintain your bicycle. Make sure that your bicycle is a good fit for your body size, is properly adjusted and is in good working condition.
Handle your bike with skill. Being a skilled bicyclist increases your control on the road and your ability to avoid hazards. Make sure you can start, stop and turn your bike, ride in a straight line, stay balanced even at slow speeds, and look over your shoulder without swerving.
Obey all traffic signs and signals. This means stopping at stop signs and red lights.
Be visible. Even though motorists have an obligation to share the road with you, and even when you are obeying all traffic laws, bicyclists need to take extra precautions to make themselves seen on the road. Wear brightly colored clothing, install mirrors on your bicycle, and use reflectors and headlamps. Watch traffic closely and be prepared to react.
Be alert to hazards—from other motorists or from the road itself. Watch for warning signs of possible collisions, such as a motorist turning right in front of you or a parked car opens a door into your path. Also look out for potholes, poor road conditions, broken glass, and other hazards. Be prepared to take quick action.
Ride with traffic. Riding with the traffic makes bikers more visible to other drivers on the road.
Know where to ride on the road. If there is a bike lane or path available, use it. If not, then ride to the right of the lane you are in. If there is no shoulder or bike lane and the traffic lane is too narrow, then ride closer to the center of the lane.
Ride to the right, but not too far to the right. Do not ride so close to the right side of the road that you risk hitting the curb or running into parked cars or other road hazards. Also avoid the far right when the lane of traffic is too narrow to ride beside a car, when making a left turn, or to avoid conflicts with right-turning vehicles.
Make left turns with caution. The safest two ways to turn left are to use the traffic lanes themselves or to use the crosswalk and cross the intersection like a pedestrian. If using the traffic lanes, always be sure to check behind you before moving to the left of your lane or moving over a lane. Position yourself so that vehicles cannot pass you on your left while you are turning.

Originally posted at InjuryBoard by Jessica Grigsby

Drinking, Boating and the California Law

John Demas — Thu, 07 Jul 2011 11:56:17 GMT

“Don’t Drink and Drive”. Everyone knows that rule when it comes to cars on the highway and keeping intoxicated drivers off the road. But all too often that same rule gets pushed aside when it comes to heading out into the water in a boat with friends and family. Yet, alcohol and boating can be a deadly mix. And so, that same basic rule—Don’t Drink and Boat—applies when you’re out on the water.

Alcohol causes both physical and mental impairment, which has a huge impact on boating safety. In fact, the effects of alcohol are often exaggerated when boating as compared to driving a car due to factors such as boat and engine noise, bright sun, glare off the water, vibration, wave action, temperature and wind. Because alcohol is a depressant, it acts to slow sensory abilities and as a result boating skills decrease. Specifically, alcohol negatively effects: depth perception; peripheral, color, and night vision; reaction time; balance and coordination; and comprehension and concentration. Alcohol also causes people to become overconfident, increasing the likelihood of exercising poor judgment and taking more risks out on the water. All of these factors combined produce a dangerous situation when alcohol and boating mix. Some studies indicate that nearly 25% of all boating accidents involve alcohol. And in California, alcohol plays a role in 49% of all fatal boating accidents. In addition, more than 80% of people who die in boating accidents are drowning victims. Because alcohol reduces balance and coordination, it increases the likelihood of being falling overboard.

Given the clear evidence linking alcohol and boating accidents, California state law makes it illegal to drink and boat. Specifically, state law establishes that:

No person shall operate any vessel, water skis or similar device while under the influence of intoxicating liquor or drugs. No person who is addicted to any drug shall operate any vessel, water skis or similar device.

No person 21 years of age or older shall operate any vessel, water skis or similar device who has .08% or more, by weigh, of alcohol in their blood. A level of at least .05% but less than .08% may be used with other evidence in determining whether the person was under the influence of alcohol. A person under 21 years of age or older who has been arrested for operating a mechanically propelled vessel “under the influence” may be requested to submit to a chemical test to determine blood-alcohol content. Refusal may result in increased penalties upon conviction. A person convicted of operation of a vessel while intoxicated could receive up to a $1000 fine and six months in jail.

No person under 21 years of age may operate a vessel, water skis or similar device who has .01% or more, by weight, of alcohol in their blood. Penalties may include a fine of up to $250, and participation in an alcohol education or community service program.

Originally posted at InjuryBoard by John Demas