Statutes of limitations apply to both criminal cases and civil accident lawsuits . A statute of limitations is a deadline. Once it expires, an injured party no longer has the right to file an accident lawsuit. This is one crucial reason why it’s important to speak with an accident attorney in Riverside as soon as possible after an incident occurs. If you wait too long to speak with a lawyer about your options, legal recourse may no longer be available to you.

Statutes of limitations vary from state to state. There are different deadlines for different types of claims. For example, a claim for property damage carries a statute of limitations of three years. Any type of personal injury claim usually has a two-year statute of limitations. The clock starts ticking from the date of the injury. However, it is possible for a patient to not detect the injury right away. If this is the case, then patients have one year to file the accident lawsuit from the date that they discovered the injury, even if two or more years have passed.

Most dogs are friendly, lovable family pets. Unfortunately, even dogs that are normally mild-mannered can inexplicably attack people. If you were bitten by someone else’s dog, you may be eligible to file an accident lawsuit in a Riverside-area court. Speak with a lawyer who handles accident cases to find out what you need to do to protect your legal rights and options.

What is strict liability?

California is a strict liability state with regard to dog bite cases. This means that defendants cannot successfully argue that they are not liable because the dog did not have a history of aggressive behavior. Defendants also cannot argue that they took all reasonable precautions to prevent injury to others. Regardless of these factors, the dog’s owner may still be held liable for the plaintiff’s losses.

Does it matter where the incident occurred?

Sometimes, yes. Dog attacks often occur in public places, such as when the owner is walking the dog. In this case, the injured party can usually file an accident lawsuit. If the dog attack occurred on private property, then your accident attorney will need to consider whether you were lawfully on that property. If so, you may have a claim.

Why does California have criminal and civil dog bite laws?

Although the strict liability statute does not require dogs to be considered vicious in order to hold owners liable, California does still have statutes that apply to dangerous and vicious dogs. In this state, a dangerous dog is one that has bitten another person in an unprovoked incident and caused an injury labeled as “non-severe.” A dangerous dog might have injured, bitten, or killed another domestic pet twice within 36 consecutive months while away from the dog’s owner’s property. Two separate acts of aggression toward humans within 36 months while away from the owner’s property also fit this category. A dog that is legally considered vicious has severely injured or killed a person, or is owned by someone with an illegal dog fighting conviction. If the owner of a dog legally considered dangerous or vicious fails to exercise reasonable care and the dog causes serious injuries or death, then the owner may be charged with a misdemeanor or felony. However, criminal charges proceed separately from civil accident lawsuits. Even if the owner is facing criminal charges, he or she may still be held liable in civil court.

After a car accident, survivors are likely to feel stressed, overwhelmed, and possibly in physical pain. Because of this, many survivors make crucial errors when speaking with the insurance adjuster. These mistakes can be costly, potentially jeopardizing a future accident lawsuit . It’s always a good idea to speak with an accident lawyer serving Riverside about your case before you speak to the insurance adjuster. An attorney can caution you about the tricks insurance adjusters often use to minimize the compensation the company pays.

Obtain important information for your records.

An insurance adjuster will contact you soon after you file the insurance claim. Before the conversation gets started, ask the individual to provide his or her full name, employee ID number if applicable, and phone number at work. Write this information down, along with the name of the insurance company and its address. Keep this information for your own records, and provide a copy to your accident attorney. Once the call is over, it’s a good idea to make a few notes about what was said.

Keep your temper in check.

Dealing with red tape while you’re recovering from a crash is never pleasant, but it’s important to stay calm and be polite. Insurance adjusters are human, after all, and they may respond poorly to verbal aggression. On the other hand, an insurance adjuster who remembers having polite interactions with you may make an effort to ease the claims process.

Provide personal information.

During this initial phone call, the only information you need to provide to the insurance adjuster is your full name, number, and home address. Assuming that you’re speaking with the other party’s insurance carrier, you do not and should not provide any more information than you must. If you’re speaking with an adjuster from your own insurance company, you must abide by any rules specified in your policy. Your accident attorney can give you personalized guidance about your policy.

Avoid discussing the details.

Expect the insurance adjuster to ask you lots of questions about the accident and your injuries. You might also get some casual questions about your work schedule and income, and whether there were any witnesses to the crash. Do not answer these questions, even if they seem harmless. Instead, simply tell the individual that you’re still investigating the incident, there may be witnesses, and you’ll provide this information when it’s appropriate.

The loss of a loved one is never easy. But when the death occurs as the result of someone else’s negligence or reckless conduct, families may need to seek justice in court before finding a sense of closure. Contact an accident attorney in Riverside immediately if you suspect your loved one’s death may have been caused by someone else. In the meantime, you can watch this featured video for a quick introduction to the legal concept of wrongful death.

This professional explains that, in this type of accident lawsuit, it’s necessary to launch an investigation quickly to prevent evidence from disappearing. As an accident attorney investigates a wrongful death case, he or she will assess liability. Liability refers to which party may have been at fault for the accident. For example, if the death was caused by a defective product, the accident lawsuit may list the manufacturer as the defendant.

Driver distraction often forms the basis of car accident lawsuits filed in Riverside. Your car accident lawyer may uncover evidence that shows the other driver was texting or talking on a cellphone just before the crash. In addition to unlawful and dangerous cellphone use, there are many other causes of distracted driving. If surveillance footage of the crash scene is available, your car accident attorney can review it to determine if other distractions may have played a role. An accident lawyer can also interview passengers and other eyewitnesses.

During the course of this investigation, the accident lawyer may find that the other driver was reading a map or using a GPS device before the crash. Other forms of distraction include gawking at billboards, rubbernecking at roadside accidents, and talking with passengers. It’s not unheard of for some negligent drivers to apply makeup or eat while trying to drive. Adjusting the radio or CD player, and disciplining unruly children in the backseat are other common causes of driver distraction.

Police misconduct is a loaded subject that often triggers strong emotions. If you or a loved one has been a victim of police misconduct, you’ll need the legal advocacy of an experienced personal injury lawyer serving Riverside. There are some legal obstacles concerning police misconduct, as the concept of government immunity applies to the actions taken by police officers while on the job. However, as your personal injury lawyer can advise you, the state of California has recently passed a couple of laws that extend greater rights to citizens involved in these cases.

California Police Misconduct Laws

Your personal injury lawyer will need access to all available evidence to protect your legal rights. Fortunately, thanks to the signing of SB411, Californians can no longer be charged with obstruction of justice simply for photographing or recording police officers in public areas. Another recently signed bill, SB277, eliminates the role of grand juries in police misconduct trials. This is significant because some recent, notable police misconduct cases resulted in a grand jury’s decision not to issue an indictment. It’s commonly thought that grand juries do not offer sufficient transparency.

Government Immunity

Government immunity means that a government entity cannot be sued, except in cases where permission is granted to do so. However, this legal doctrine does have its limits. It is possible for your personal injury lawyer to take legal action if the police officer has acted outside the scope of his or her reasonable duties, and/or violated a person’s constitutional rights.

Police Misconduct Cases

There are several types of police misconduct. A case might involve claims of false arrest, which occurs when a police officer arrests a suspect without having probable cause or a warrant. Excessive force means that a police officer used force that was unreasonable for the situation.

Police Misconduct Claims

There are strict deadlines to file police misconduct claims, which is one reason why you must consult a personal injury lawyer promptly. Your lawyer must file a notice of claim within six months for cases involving false arrest or false imprisonment. The notice of claim is essentially an official announcement of your intention to file a lawsuit. After filing the notice of claim, you’ll have up to a year from the date of the incident to file the lawsuit.

When your personal injury lawyer files a lawsuit on your behalf, it’s quite likely that it will be resolved with a settlement. Many plaintiffs never see the inside of a courtroom because they decide to accept a sum of money in exchange for dropping the lawsuit. However, you do have the right to decline a settlement offer and take the defendant to court. A personal injury lawyer serving Riverside will ensure you are fully prepared for your day in court.

Do plan to arrive early.

It isn’t acceptable to arrive late to a court appearance or even to arrive on time. Instead, plan to arrive at least half an hour before you are scheduled to appear in court . Leaving your home with plenty of time to spare gives you some leeway in case you have car problems or encounter traffic delays on your route. When you arrive early, your personal injury lawyer will have time to give you some last-minute advice.

Do dress appropriately for court.

As a general rule of thumb, dress for court in the same way you would dress for a funeral. Men should wear a suit and dress shoes, and ladies should wear a pantsuit, skirt suit, or other conservative outfit that doesn’t reveal much skin and doesn’t draw unnecessary attention. If you have tattoos, make sure your clothing covers them up.

Don’t leave your cellphone on.

Leaving your cellphone on vibrate mode isn’t enough to prevent embarrassing disruptions in the courtroom. Turn it off instead or leave it in your car. You shouldn’t have any other electronic devices on, either.

Don’t interrupt anyone.

Your personal injury lawyer has probably instructed you not to speak in court unless you are directly questioned. You may respond to the judge, whom you should address as “Your Honor.” If you’re on the witness stand, you’ll respond to the questions. But otherwise, it’s best to stay silent—and never try to talk to a member of the jury.

Do control your reactions.

Hearings and trials can be incredibly stressful, even if you’ve been in court before. But it’s important not to let your temper get the best of you. Even if the opposing counsel asks you questions that seem insulting, you’ll need to take the high road and maintain a calm demeanor.

Elder abuse is an unspeakable tragedy, and it often goes unreported. Nearly 10% of all seniors in the U.S. become victims of elder abuse. This is a tragedy that you can help put an end to. Be alert to the signs of elder abuse , and contact the police and a personal injury lawyer in Riverside if you notice them. If you believe a senior is in imminent danger, call 911 immediately. Otherwise, a personal injury lawyer can walk you through the process of seeking legal recourse.

Types of Elderly Abuse

To learn about the types of elder abuse, watch this featured video and consult your personal injury lawyer about your own observations. Your personal injury lawyer may ask you about suspicious physical problems, such as unexplained bruises, lacerations, or broken bones. Some seniors are medically neglected. Their caregivers may fail to give them prescribed medications, neglect to take appropriate actions to prevent bedsores, and fail to call a doctor when needed.

Catastrophic injuries, including amputations, may form the basis for a personal injury claim.  An accident lawsuit can involve either traumatic amputations or surgical amputations. A traumatic amputation occurs during the course of the accident. For example, a car crash might result in the violent loss of an arm or leg. A surgical amputation is performed by a surgeon. These intentional amputations are done for the purpose of saving the life of the patient when a hand, foot, or limb has been compromised by a serious medical problem, such as an infection.

It is still possible to file a catastrophic injury lawsuit with the help of an accident lawyer after undergoing a surgical amputation, as long as the surgery directly resulted from someone else’s negligent or reckless actions. For instance, a car accident lawsuit might claim that the crash crushed the victim’s leg, which later needed to be amputated. In addition to motor vehicle accidents, other possible causes of amputation injuries include medical malpractice and defective products. Defective power tools or home exercise equipment, for instance, might cause a traumatic amputation.

Driving while impaired by alcohol or drugs is among the most common causes of truck accidents. Big rig accidents have the potential for catastrophic injuries and death, even at low speeds. If you were injured or you lost a loved one in a big rig crash, contact an accident lawyer in Riverside promptly. You may be able to file an accident lawsuit to hold the negligent truck driver responsible for his or her actions.
 

Alcohol Abuse

Commercial big rig operators are professional drivers who are supposed to be appropriately screened and trained. It’s often thought that truck drivers are less at risk of driving while under the influence of alcohol compared to others on the road, but unfortunately, this isn’t the case. As your accident lawyer can explain to you, a truck driver can be charged with DUI if his or her blood alcohol concentration (BAC) is above a certain limit. In most states, this threshold is typically half the BAC limit for non-commercial drivers. Truck drivers are routinely tested for alcohol impairment after accidents. If they refuse, according to the rules established by the Federal Motor Carrier Safety Administration (FMCSA), the resulting penalties are roughly equivalent to pleading guilty to DUI. Criminal investigations of truck accidents proceed separately from accident lawsuits. However, a finding of DUI under criminal law can become an important factor in civil trucking litigation.

Substance Abuse

Truck drivers are held to higher safety standards than non-commercial drivers, but this doesn’t mean they are immune to the dangers of substance abuse. Some truck drivers may operate big rigs while under the influence of marijuana , which can be particularly dangerous because it can induce sleepiness and inattentiveness. Others may take illicit stimulants in an effort to stay awake during the long hours on the road. An accident lawyer can obtain evidence, such as the police report, to determine if substance abuse might have been a factor in the crash.

Prescription Drug Abuse

It isn’t just illicit substances that can impair a truck driver’s abilities. Many prescription drugs can affect alertness, reaction time, judgment, and perception. Truck drivers are required to undergo intensive medical evaluations to determine if any medical conditions or medications might affect driving ability. An accident lawyer can investigate whether a truck driver failed to comply with these requirements.