Sacramento Personal Injury Lawyer

Micra Limits Everything

Steven Schultz — Tue, 18 Aug 2009 18:29:45 GMT

I recently spotted an article on the topic of MICRA (Medical Insurance Compensation Reform Act) and the need for reform. The article spoke at length about how MICRA limits pain and suffering damages to $250,000, and the need for reforms on that over 30 year old limitation.

The problem I had with the article is that it vastly understated the true extent of the limitations imposed by MICRA, and the devastating consequences those limits have on injured people. The $250,000 limit is just one of several limitations that was designed to keep money away from catastrophically injured victims, and in the hands of insurance companies.

The MICRA legislation limits the amount of economic damages that can be recovered as well. It does this by allowing doctors and hospitals to use evidence of health insurance payments to offset the amount of money victims can recover in medical bills and in lost income. It is important to note that doctors and hospitals are the ONLY group in the entire state that get this benefit, which vastly reduces the amount of money they must pay on the injuries and damages they cause. Once again private consumers are left with a less than complete recovery.

The MICRA laws also limits how the health care provider has to pay for damages they cause, even after they loose in trial. In every other type of case, the losing defendant has to pay the full amount for the past and future damages he/she causes. In a medical malpractice case, MICRA allows health care providers to periodicize the payments which means they can pay back the future damages they cause over the rest of the life of the victim, rather than all at once on the completion of the case. Even worse, in the event the victim dies earlier than expected, the balance of the future money awarded to the victim goes back to the doctor or hospital. It does not even go to the vicitm's family.

All of these limitations, and others, imposed by MICRA make it virtually impossible for injured victims to get a fair recovery for their loses. These same limits make it even more difficult for victims to find an attorney that will work on these types of cases.

It seems to me that MICRA has been around for more than 30 years. Interestingly, the problems that MICRA was designed to fix are still considered problems today (ie... high malpractice premiums; high health insurance premiums; good doctors leaving California). Maybe MICRA's ultimate effect of punishing the injured vicitms of malpractice was not the way to go, given that all of these problems still exist to this day.

All of these factors should illustrate the desperate need to reform the MICRA system and replace it with something that is fair to all sides, not just the health care providers and those who insure them.

Steve Schultz

Originally posted at InjuryBoard by Steven Schultz

Alarming Trend Puts Tahoe Bikers at Risk

John Demas — Fri, 31 Jul 2009 17:25:04 GMT

Lake Tahoe boasts 255 miles of mountain bike trails. These trails have been built to be fun and challenging, but were also designed to enable emergency vehicle access and protect the environment. When building these trails, the Forest Service considers environmental sustainability and the protection of historical resources. They build strong, sound features that will endure and take rider experience into account.

These trails can be a great way to explore the national forests and get out into nature. Many people who use the trails are weekend bikers, just there for the day. Others are professionals who want to practice and push themselves further. Whoever you are, these trails can be a fulfilling day of adventure. However, one wrong turn onto an illegal trail could land you in the hospital.

Officers with the U.S. Forest Service are growing concerned with the increasing number of illegal trails in the Lake Tahoe area. Officer Heck notes, “These are big trails with lots of jumps.” It would be easy for a rider to get hurt on a trail that is too difficult for them. Earlier this year a mountain biker crashed on one such trail and had to be airlifted to a local hospital with spinal cord and head injuries. These trails are sometimes very difficult to get to for emergency vehicles and riders take the risk that they will not receive medical treatment in a timely manner.

Fines for creating an illegal trail can be up to $5,000 and six months in jail. The builders will also have to pay to repair the damage done to the forest. So far this season only three illegal trails have been decommissioned. Regulation takes money and it is taxpayer dollars that are paying to take down these illegal trails.

With great increases in technology and equipment, mountain bikers yearn to push themselves and their bikes to new limits. Mountain biking has become more popular in recent years and th level of activity this year especially is significant. It makes sense that people would choose to enjoy a relatively free activity in these tough times.

Biking can be a very enjoyable pastime, but it is also dangerous and can turn into a nightmare in no time. Just remember to consider the following:

1) The forest belongs to everybody.

2) The National Forest Service is looking out for your best interest and safety.

3) Illegal trails can get you hurt, cost taxpayers a lot of money, and damage the environment.

4) If you are caught building an illegal trail you can be fined and jailed.

5) Always wear a helmet! Hopefully one that is CSPC or DOT approved.

Originally posted at InjuryBoard by John Demas

CHP Declares Fourth of July an Operation CARE Holiday

Amber Wheat — Thu, 02 Jul 2009 13:33:42 GMT

Operation Combined Accident Reduction Effort is a program that facilitates communication and cooperation between different state law enforcement agencies. The states are working together to prevent collisions and deaths. Operation CARE started in 1977 by Sgt. Gary Ernest of the Michigan State Police and First Sergeant Gene Neff of the Indiana State Police. These two men realized that by working together, they could keep the interstate roads much safer than by going about it on their own.

Today most states are a part of Operation CARE. In California, Interstate Highways 5, 15, 40, and 80 are protected by the CARE program. On major holidays these roads are subject to Maximum Enforcement Periods. California Highway Patrol officers will be out in force and will be looking for people who speed , those who aren’t wearing seat belts, and those under the influence.

These three factors cause the most fatalities on the road. To be safe, put away the cell phones, if you’re on a motorcycle, put on the helmet, and above all be patient in the holiday traffic. It is better to arrive late than not at all.

Originally posted at InjuryBoard by Amber Wheat

Avoidable Tragedy- 2 Die in Sacramento Construction Zone

Barbara Burks — Fri, 12 Jun 2009 13:14:30 GMT

Our roads and highways are an unmatched path across our country. The most common mode of transportation in America is via our personal vehicles. In order to get where we want to go the roads have to be maintained. Because our population is always growing, the roads also have to be expanded. Construction zones are just another part of life and knowing how to navigate them safely is just another part of driving.

Cone zones can sneak up on a person. Just this morning, a crew was repairing a street lamp on a curve and drivers in that lane had to slow considerably and merge into the left lane. It happened really quickly and luckily there was enough room so that nobody got hurt (and thankfully I was in the left left lane and only had to watch them). It could have been worse. It would have been nice if there had been a sign or something warning about the impending merge, but c’est la vie.

Unfortunately, not everyone reacts well to a cone zone. Some people don’t notice at all when they enter a construction zone. They do not take actions that protect themselves and others from being hurt. Others like Arnoldo Placensia, a Sacramento construction worker who died early Thursday morning. He and his crew were repairing potholes in the Arden Arcade area at the corner of Marconi and Howe. At about 1:20am, Nancy Richards sped through the area at a high rate of speed and struck Placensia. She continued on and then struck a large piece of equipment and died at the scene.

Two lives were lost. Night construction is especially dangerous, but very common in the summer season. The weather is good and Caltrans and other road construction companies want to get as much work done as possible. At the same time, they want to disrupt traffic as little as possible. This leads to night construction, but even that can be safe if everyone pays attention. This tragedy could have been avoided. Officials say Richards smelled like alcohol and a toxicology report is pending. If Richards had followed some simple rules she and Placensia would still be alive today.

1. Slow Down- construction zones will often have large machinery and people moving about to and fro, ya know, working. By slowing down you give yourself more time to assess the situation and you give them more time to see you and get out of the way if necessary.

2. Follow Directions- sometimes there are workers with the sole purpose of directing traffic. I have run into times when people are telling me to do something that doesn’t seem safe or is illegal. I didn’t want to do it, but I did it anyway. Try to remember that you don’t know the whole layout of the project. The safest bet would be to listen to the people who do know what is going on.

3. Don’t Linger- don’t get me started on lookie-loos. I don’t like it when people pause to see what’s going on. It is an unexpected action and if you’re looking to the left or right that means you’re not looking in front of you.

4. Avoid Trouble Spots- if you know a certain bridge is going to be under construction for three weeks, try to find an alternate route to your destination. It will save you from having to sit in traffic and could keep you safer.

5. Be Patient- if all else fails and you find yourself stuck for a long period in time, turn on the radio, pull out the hands-free cell phone, and settle in. Try not to get frustrated and you’ll eventually make it through.

The most important thing to keep in mind is that there are people in the area that do not have the protection of one ton of steel surrounding them. Please look out for the brave men and women who risk their lives. When you think about their job and the fact that they stand in front of, beside, behind, and around these huge vehicles and trust those drivers to behave in a responsible fashion, it’s a pretty amazing thing.

Originally posted at InjuryBoard by Barbara Burks

Sacramento Hit-and-Runs

Amber Wheat — Fri, 29 May 2009 12:38:29 GMT

The Sacramento Bee has developed an interactive map that makes it easy to spot trouble areas in Sacramento. Anybody who has every been hit by a driver who then leaves the scene can tell you it is a disturbing experience. You don’t know what happened, you don’t know if you’re hurt, and then you see the person responsible speed away. There is not much you can do to avoid a hit-and-run because you can’t control the actions of the other party, but you can be aware of your surroundings and take extra precautions in these Sacramento hot spots.

The most obvious area of hit-and-run violations is downtown Sacramento. With their one-way streets, pedestrians, and parked cars everywhere, it is little wonder that is one of the most common areas to get hit by someone who won’t stay at the scene.

I love statistics and this map is very cool, but I wonder how many of the “hit-and-runs” involve parked cars being damaged. If you strike a vehicle and the owner is not there. You must try to find the owner first and if that fails, you must leave a note. Never drive off without leaving your information. Hit-and-run is a serious offense and with today’s technology... you will be found.

The site above also gives answers to common hit-and-run questions. I recommend checking it out. Hopefully you will never have to use that knowledge, but you do, at least you have it. Above all, victims and witnesses are encouraged NOT to chase the offender. You don’t want to get into a confrontation. The most important thing is the safety of everyone involved.

Originally posted at InjuryBoard by Amber Wheat

The Danger of Speeding—Tragic California Accident Kills Child

Jessica Smagacz — Wed, 27 May 2009 15:04:59 GMT

Tommy Watkins, 50 year old from Bakersfield, was driving home after camping at Lopez Lake with his family. According to investigators, Watkins attempted to pass another car but got stuck and his white Chevy Sedan hit a burgundy Suburban head-on.

According to KSBY 6 Action News, emergency crews went out on this call around 12:30 p.m. this past Monday. The car accident occurred about two miles east of Suey Creek Road on the Santa Barbara-San Luis Obispo county line.

A 12 year-old boy tragically died at the scene of this accident. He was the grandson of Watkins.

There were six people in the suburban that Watkins hit and all of them were taken to the hospital. Sgt. Ben Ruth from the California Highway Patrol said, “It started to pass, there were broken lines that gave it permission to do so, but as you can see where the skid marks are, that passing lane ended way back.”

Chris Martinez is a witness to this accident. He saw Watkins’s Chevy pass traffic and had no idea it would turn into a tragic car crash. He said, “First thing that crossed through my mind: there’s no need to rush it to where you’re going. There’s always time. Apparently, sometimes you rush it and things like this happen.”

The six people in the Sedan suffered injuries along with the grandfather.

Our thoughts are with the child’s family and with those who were injured in this tragic car crash.

Remember to use caution at all times while driving. When you are in a rush, remember what can happen if you speed; instead, think about the fact that there is still time and driving safely outweighs the risks of a tragic accident such as this one.

Originally posted at InjuryBoard by Jessica Smagacz

California Tour Ends in Tragedy When Bus Overturns Near Soledad

John Demas — Fri, 01 May 2009 17:08:41 GMT

Orion Pacific is the newest tour bus company facing hard questions being asked by angry people. This is the third major bus crash to happen in California since the devastating Cache Creek crash in October and people want to know “Why?”. This collision occurred on Tuesday, April 27, 2009, and today, questions still abound. Investigation is slow and steady when it comes to large accidents like this so that nothing is missed.

The media is covering this incident nationwide, with articles from the New York Times and the Associated Press. The pages that allow comments are full of thoughts for the families and friends of those who have been hurt, but there are a always a few comments of outrage and pessimistic condemnation. Some blame the drivers, some blame the owners, some blame manufacturers.

Truth be told, anybody can make up any reason they want to blame anyone they want, at least until we get some answers. Speculation is running rampant with everyone putting in there own two cents. It has been conjectured that the driver could have been on drugs, hung over, or maybe even just sleepy. People look to the past for explanations, but truthfully, there can be no good reason for this horror.

Why do people react so strongly to accidents involving buses? Is it because of the inherently high number of casualties and fatalities? Is it because almost everybody has ridden a bus at some point in their lives? Is it because it is a major transporter of our children to and from school?

When crashes are reported you read words like “ejected” and “overturned”. The imagery is powerful and the words themselves terrify. With bus crashes death tolls are more likely to be higher and more people are hurt. More ambulances come to the scene and more hospitals take in patients. On Tuesday, fifteen ambulances, a few helicopters and nine hospitals treated injured riders.

This incident, in addition to other recent bus accidents, has put a spotlight on bus regulation and safety. There is already a bill in the assembly that will strengthen the current rules in California. It is illegal to hire a driver who is not properly licensed, but this bill introduced by Assemblyman Dave Jones will put some teeth behind the regulations.

One chance, just one, to get it right, if a bus company is been found to knowingly hire a driver who is not properly licensed, they will not be allowed to do business in California. Strict enforcement should motivate companies to check the records of their drivers and to ensure that they are educated and licensed according to the requirements of state law. By this time, I am sure we are all aware of the dangers of negligent hiring.

It is not known if any precautions could have prevented this crash, mainly because we do not know what caused the crash yet. Investigators would have had an easier time of it if the driver had survived, but it has been revealed that the driver, John Egnew, was one of three people who died at the scene. Two more people were pronounced dead at hospitals.

The tourists came from different cities in France to explore California and they were due to fly back from Los Angeles that night. The local Red Cross has set the survivors up in a motel and provided counseling through this ordeal, but volunteers say they just want to go home.

Passengers recall thinking there was something wrong with the bus and one person reported that it felt like they were going too fast. The nation awaits with bated breathe to discover what went wrong. Once we know the cause we can work toward finding the solution. And a solution must be found. There are too many potential deaths if these buses are not being properly maintained and properly driven.

The bus in question is actually owned by Weeks Enterprises which owns Orion Pacific. Their safety records is solid for the last two years and they passed random inspections fourteen times. A citizen’s comment on one news site demanded log books and scale stops, like what big rigs are required to do. Would that solve the problem? I don’t think overworked drivers and weight distribution are the issue with these recent crashes, but I appreciate that people are looking for solutions in different places.

Buses are a unique form of transportation and it is the prevalent form of public transportation, school transportation, and tourist transportation. If this wave of large accidents continues, perhaps the people need to take another look at the bus and try to find a safer alternative to avoid further tragedies.

Originally posted at InjuryBoard by John Demas

At-Fault Drivers from Out of Town To Be Billed for Collisions

Amber Wheat — Tue, 14 Apr 2009 15:11:55 GMT

Some cities and counties in California are thinking about trying a new way to recoup their funds after a collision. If the at-fault driver is from outside the area, they will be billed for the services provided.

There are many different arguments against the new policies. Insurers say they oppose the charges because they will ultimately foot the bill. Of course, we know that is not true, especially in a policy limits situation. The insured will receive less compensation if the bill is paid by the insurance company.

Many local government agencies defend the idea by saying that only people from out of town will be charged. The idea is that people who live within the district have already paid for the public services through taxes. My response is that the people who live outside the city pay taxes too. Just because they haven't had to use them in their city, doesn't mean that they don't pay for them.

Many are worried that these fees will become an "accident tax" and they liken this policy to a speed trap. Speed traps in California are illegal based on the possibility of human error. This fee for collisions could have greater implications. Will law enforcement skew events or misinterpret statements to put out-of-town drivers at fault if it means they are allowed to assauge some of their costs? They may not do so on purpose, but it could be a factor in their decision.

If cities and counties decide to go through with this, they risk a decrease in tourism and an increase in hit-and-runs. Proponents say that it is not a revenue generator, but it kind of is. The police and fire department are given funds to operate. They spend those funds when they get called out to collision scenes. That is the way it is supposed to be. If they need more money to do their jobs then it needs to come from taxes and the funds dispersed by the local governments, not from individuals.

Another system they are considering is to "just bill insurance companies." But that is a mistake as it will only make the insurance premiums go up and it will be subtracted from what the parties recover. It is not fair to anyone.

What do you think? Florida already has this in place, but there is current legislation to repeal it. Does it work? Is it fair? Would you avoid areas if you knew they had this policy? Tell me what you think.

Originally posted at InjuryBoard by Amber Wheat

Teen Driving Safety Week

Barbara Burks — Tue, 24 Mar 2009 12:01:53 GMT

Californians are celebrating by introducing this year’s Impact Teen Drivers educational program. Every year Impact Teen Drivers hands out material to public schools and encourages them to spend time with students who are learning to drive or just received their licenses. This year is exciting because everyone is getting in on the action.

The program is sponsored by the California Association of Highway Patrolmen, the California Highway Patrol, the California Teachers Association, California State Firefighters Association, the Peace Officers Research Association of California, California Casualty Insurance, and the Association of California Schools Administrators.

Many people are doing there part, but sometimes it is hard to get motivated. In this economy nothing motivates people more than money. This year “Create Real Impact” will be giving grants to California high schools where the Impact Teen Drivers material is used in new, interesting, and more effective ways.

New drivers are the most at risk for fatal collisions. According to the National Highway Traffic Safety Administration, 6,982 young drivers, between the ages of 15 and 20, were involved in fatal collisions in the United States in 2007. In California, 238 young drivers died and 199 young passengers died while in the vehicle of a young driver. In Texas, more drivers died, but fewer passengers died. California had the highest number of fatalities.

This year the Impact Teen Drivers program is coming into the twenty-first century. They have not only created a new website, but they have set up a myspace and a facebook page as well. They really know their customers. We all hope that some good will come of these programs and that next year we’ll see an even bigger drop in teen fatalitites.

Originally posted at InjuryBoard by Barbara Burks

Owner of Improperly Maintained Carnival Ride Blamed for Injuries to Children

Amber Wheat — Tue, 17 Mar 2009 12:13:32 GMT

A while ago, I wrote about the recall of the Yo-Yo carnival ride. Last May twenty-one children were hurt when the ride collapsed at the Calaveras County Fair. Now the owner is being put at fault for a failure to properly maintain the ride.

The manufacturer of the ride issued a recall last October to address some of the issues with these rides. When a product is recalled, more often then not, it is a simple fix and it's on the manufacturers dime. In this instance, all an owner needed to do was request an inspection and repair kit from Chance Rides Manufacturing.

Because the May accident happened before the October recall it was unclear whether the owners of the carnival ride could be blamed. But further investigation found that the ride was not regularly inspected and didn't have the required certifications and documents regarding safety.

California has a very active agency in charge of inspecting carnival rides and making sure that people are safe. Brass Ring Amusements Midway of Fun did not comply with their strict standards and can be placed at fault for this terrible accident.

Coming into spring, there will start to be some fairs and carnivals taking place. The last thing anybody wants to do while having a fun day at the fair is end up in the hospital. If you want to know if specific rides have been known to cause injuries, check out www.rideaccidents.com. The percentage of dangerous rides is actually quite low.

Originally posted at InjuryBoard by Amber Wheat