What to Do About the Nationwide Increase in Electric Scooter Accidents

Electric scooters, also known as e-scooters, are becoming increasingly popular in several cities throughout the United States. However, there are risks associated with riding this convenient form of transportation. In fact, the United States Consumer Product Safety Commission’s National Electronic Injury Surveillance System (NEISS) research showed that electric scooters can result in serious internal injuries, concussions, traumatic brain injuries, and are over three times as likely to involve pedestrians who also suffer serious injuries. Learn more about your legal rights if you suffered any kind of injuries or losses because of an electric scooter accident.

Causes of Electric Scooter Crashes

There are several different causes of electric scooter crashes that can result in catastrophic injuries or even death. Some of the most common causes include the following:

  • Road hazards such as debris and potholes which pose significant dangers to electric scooter riders
  • Lack of visibility of electric scooter riders to other drivers on the roadways
  • Manufacturing defects and flaws in electric scooters
  • Being “doored” by vehicles when electric scooters attempt to ride between lanes on the road

Types of Electric Scooter Injuries

Electric scooter accidents often result in serious injuries or even death. Consumer Reports research shows that over 1,500 people suffered injuries as a result of either E-bike or electric scooter accidents. The types of electric scooter injuries suffered in an accident are typically severe and often include traumatic brain injuries, concussions, internal organ damage and bleeding, nerve damage, bruising, lacerations, bilateral forearm fractures, nasal fractures, broken or fractured bones, spinal cord injuries, head and neck injuries, or death.

Electric Scooter Safety Precautions

If you ride an electric scooter, there are safety precautions you can take to not be included in the statistics of increasing accidents involving this form of transportation. Some of the best practices involving electric scooter safety include always wearing a helmet, following the rules of the road to ensure that other drivers and pedestrians see you, and always making the assumption that no one else can see you, and riding defensively. Always take safety precautions to minimize the opportunity for any serious accident to occur.

Determining Liability

If you do suffer injuries as a result of an accident involving an electric scooter, the determination of liability can often be legally challenging and complex. Oftentimes, an independent investigation is needed in order to accurately determine liability. Visiting with an experienced attorney can help ensure that a correct determination of liability occurs, as well as seeing to it that you do not miss any statute of limitations deadlines that would prevent you from receiving compensation for your injuries and losses.

Contact an Experienced Personal Injury Attorney

If you suffered injuries because of an electric scooter accident, you may face substantial medical bills, lost wages, and pain and suffering. Contact The Law Office of Daniel A. Rose as soon as possible, and our experienced accident lawyers will help ensure your legal rights remain protected and help you build a strong personal injury case. Call for a free consultation today at 415-946-8900 or visit us online.

Top Five Things Car Insurance Companies Don’t Want You to Know

If you are ever involved in a car accident that results from someone else’s negligence, you will likely have to deal with an insurance company in order to obtain a settlement to compensate you for your injuries and losses. You should never expect that an insurance company has your best interest in mind during these negotiations. Learn the top five things car insurance companies do not want you to know regarding the process of attempting to receive the compensation you deserve after an accident.

They Will Make Filing and Paying a Claim Obnoxiously Long

The longer an insurance company draws out the process regarding a settlement offer, the longer they do not actually have to pay a victim. Additionally, some insurance companies hope that the long process will frustrate a victim so much that they will simply accept a lower settlement offer than they deserve. With mounting medical bills and life expenses, coupled with an inability to return to work, insurance companies know that victims count on settlements in order to pay daily expenses. Additionally, if they wait long enough to pay, a victim may fail to realize that the statute of limitations to file a claim in court has passed, leaving them with no legal ability to file a claim for the compensation they deserve.

Insurance Company Doctors Are Not Trustworthy

Insurance adjusters will always refer you to one of their doctors regarding your medical injuries in an attempt to find reasons to not fully pay a fair settlement claim. Doctors recommended by insurance companies will often attempt to find pre-existing conditions, arguing that your medical injuries are not the result of an accident at all. These tactics are simply used to discredit victims and minimize the amount of compensation offered as a settlement. Always make sure to visit your own doctor or medical professional in order to receive proper evaluation and treatment.

The Insurance Adjuster is Not Your Friend

Insurance adjusters will always come across as friendly and helpful. Many will ask simple questions such as how are you feeling today? If you say fine, they could use this answer against you regarding a lower settlement offer. Never make the assumption that the insurance adjuster is your friend. Most will sound very friendly and have manipulative tactics that attempt to endear themselves to victims. However, they have a vested interest in attempting to have you accept the lowest settlement offer possible. Never discuss anything with your adjuster that you do not have to, never offer complete medical records, and never allow yourself to be recorded.

The Insurance Company Does Not Want You to Sue

While an insurance company may use manipulative tactics in order to delay providing victims with appropriate settlement offers, they truly do not want a victim to sue for compensation following an accident. If a victim makes the decision to sue an insurance company for a fair and just settlement, they will have to expend additional resources and money in order to fight that lawsuit. This will only provide additional financial losses to the insurance company. Therefore, make sure to always stand your ground as it will likely provide you more of an opportunity to get the fair and just settlement that you deserve.

You Will Have a Lower Settlement Amount Without an Attorney

The truth is that you will likely have a lower settlement amount offered by an insurance company if you are not represented by an attorney. Insurance companies have adjusters who know manipulative tactics in order to get a victim to accept a lower settlement amount than they deserve. However, attorneys know these deceptive tactics and how to address them directly. If you suffered injuries and losses as a result of a car accident, make sure you have strong legal representation to get the settlement you deserve. Contact The Law Office of Daniel A. Rose as soon as possible, and our experienced accident lawyers will help you negotiate with the insurance company. Call for a free consultation today at 415-946-8900 or visit us online.

Steps to Taking Legal Action After Being Involved in a Pedestrian Accident

If you were involved in an accident as a pedestrian, you likely suffered serious injuries. The steps you take following your accident with a vehicle, bicycle, or motorcycle can help ensure that your legal rights are protected and that you receive justice for your suffering due to someone else’s negligence.

Contact the Police

The first step after any accident is to call the police. Even if you feel you were not injured that badly, there should be an official report of the accident. This police report will serve you well at a later time if you make the decision to pursue charges against the negligent party for your injuries and suffering. Make sure to request a copy of the police report when it is completed.

Seek Medical Evaluation and Treatment

Even if you feel your injuries are minor, you should always seek immediate medical treatment following any kind of accident. Many injuries do not appear until hours or days following an accident (such as traumatic brain injuries and whiplash), and only a medical professional will be able to ascertain what your injuries are and their severity. Go to the hospital immediately, or at least to your healthcare provider as soon as possible for a complete medical evaluation, and to determine your best course of treatment. Also, if you ever decide to pursue a claim in the future, the official medical examination will prove that your injuries are a direct result of the accident.

Documentation

You should obtain as much of the following documentation as possible:

  • Obtain contact information of all parties involved in the accident, including any witnesses.
  • Take photographs of the accident, any injuries, the weather conditions, the road conditions, the traffic lights, and the entire area.
  • Keep all documents regarding all medical treatments, medical bills, doctors’ notes, diagnostic testing, lost wages due to your inability to return to work, physical therapy, mental health therapy, and any treatment plans or diagnoses.
  • Keep a personal diary and log of any mental/physical symptoms, the amount of pain you are in, and any daily tasks you are unable to perform due to your injury.

Insurance Companies

Take care when talking with insurance companies to never reveal too much information or admit fault. Also, never allow an insurance company full access to your complete medical records, only allow them to see medical records when you are finally finished with treatment and only those records pertaining to your injury. Never agree to be recorded during a phone call, and do not accept any first settlement offer, as it is likely too low to cover your medical bills, lost wages, and pain and suffering appropriately.

Contact a Pedestrian Accident Attorney

If you have been injured in a pedestrian accident, you are likely facing significant medical bills, and the inability to return to work to pay for them. While you may feel overwhelmed, contact the experienced pedestrian accident attorneys at The Law Office of Daniel H. Rose. We will work to build you a strong personal injury case and help you understand your legal rights. Contact our attorneys at 415-946-8900 or online today for a free consultation.

What Exactly Is a No-Contact Motorcycle Accident?

When motorcycles are involved in accident, the results are typically catastrophic injuries or even death. In fact, in 2017, more than 5,100 motorcyclists lost their lives on the roadways due to accidents. In some cases, motorcycle accidents can occur with vehicles even if there is no direct contact or collision. Motorcyclists are often forced to veer off roadways or lay down their motorcycle to prevent an even more devastating accident from occurring.

Understanding No-Contact Motorcycle Accidents

A no-contact motorcycle accident is one in which the motorcyclist is injured, or the motorcycle suffers damage even though there is no actual collision between the motorcycle and another vehicle. In most cases, this is because the driver of the vehicle simply does not notice that a motorcyclist is near them, and either makes a left turn or some other maneuver with their vehicle that would cause a direct collision with the motorcycle.

If a motorcycle rider is cautious and defensively riding their motorcycle, they may notice that the driver of the vehicle is preparing to perform a maneuver that will directly cause an accident. To avoid a collision, a motorcyclist will then either lay down their motorcycle on the highway while riding (still causing injuries due to skidding and impact) or simply attempt to veer from the roadway or possible collision (also potentially causing injury and damage.)

Unfortunately, in many of these no-contact motorcycle accidents, the driver of the vehicle is completely unaware that they just caused a motorcycle rider any injuries or damage and simply drive away since their vehicle was never impacted in any way. This, of course, adds to the complexity of pursuing a legal claim against a driver who leaves the scene of an accident they never knew they were involved in. <

No-Contact Motorcycle Accident Claim

If you were a motorcyclist who was involved in a no-contact motorcycle accident, you will need to have additional evidence and documentation to help you build a strong personal injury case, especially if the driver of the vehicle left the scene of the accident.

  • If it is possible, attempt to get the license plate number of the car as it drives off. If that is not possible, attempt to get the make and model of the vehicle.
  • If you are physically able to do so, take as many photographs of the scene of the accident, your motorcycle, your injuries, the roadways, the weather conditions, the street signs, and all other areas of the environment that you can.
  • If there were any witnesses to the accident, make sure to obtain their names and contact information for future help.
  • Always request that the police officer provide you with an official report of the accident.
  • See if any nearby businesses had cameras, or if the intersection had a camera which you could use to determine the license plate number of the vehicle.

Contact an Experienced Motorcycle Accident Attorney

If you have been injured in a no-contact motorcycle accident, contact The Law Office of Daniel H. Rose. We will work to build you a strong personal injury case and launch an investigation to try to find the liable party. Contact our experienced car accident attorneys at 415-946-8900 or online today.

Top 7 Things Parents Have to Know When a Child Is Injured In a Car Crash

Any car accident can be overwhelming, and many people enter a state of shock following serious collisions. However, if you were involved in a car accident in the State of California, and your child was in the car with you, you may feel even more panicked or terrified. There are several steps you can take to ensure that your child receives the best possible treatment and care for their injuries and can receive justice if their injuries were due to someone else’s negligence.

Do Not Move Your Child

First, if your child is not injured in any way, or only has minor injuries, you may want to consider moving them from the vehicle, as there may be secondary accidents where other vehicles crash into the first accident causing a multiple-car pileup. However, if your child suffered injuries that seem serious or severe, you should make the decision to not move your child. Call 911 as soon as possible, and make sure to let them know that a child has been injured. This will alert emergency medical personal that there is a child on the scene of the accident to better prepare their medical attention and treatment. The police dispatcher may be able to help you make a decision regarding whether or not you should move your child out of the vehicle

Obtain Immediate Medical Evaluation and Treatment

If emergency personnel arrive at the scene of the accident, they will likely decide whether your child needs to go to the emergency room immediately. If they do not believe the injuries are severe enough to warrant an emergency room visit, you should still seek immediate medical evaluation from your personal physician or healthcare provider as soon as possible. Your child may have injuries that remain unnoticed for hours or even days such as traumatic brain injury, internal bleeding, internal organ damage, fractured bones, whiplash, neck and spine injuries, or even nerve damage. The sooner your child is seen by a medical professional, the sooner they will be able to receive appropriate treatment.

Obtain a Police Report

While a police report will not help your child’s injuries, having an official copy will help you file a claim with an insurance company in order to receive compensation for your child’s suffering, medical bills, and pain due to someone else’s negligence. You have the right to hold those negligent parties responsible for your child’s injuries and receive compensation for the substantial medical bills you may have, as well as lost wages due to the inability to return to work as you care for your child.

Contact an Experienced Personal Injury Attorney

If your child was injured in a car accident, contact The Law Office of Daniel H. Rose. We will work on your child’s behalf to ensure that you receive compensation and a just settlement. Contact our experienced car accident attorneys at 415-946-8900 or online today.

Medical Errors That Cause Cerebral Palsy

Cerebral palsy is a condition that occurs to the damage of an infant’s brain either before, during or immediately following birth. Studies show that birth asphyxia and hypoxic-ischemic encephalopathy (HIE) are the most prevalent risk factors for cerebral palsy, with over 63% of infants being diagnosed with one of these conditions that ultimately resulted in cerebral palsy.

The brain damage that results in cerebral palsy is typically permanent, causing a child to have challenges throughout their life with muscle control, posture, muscle tone, reflexes, coordination, posture, and balance.

Those with cerebral palsy also have challenges with fine and gross motor skills and oftentimes will need assistance throughout their lives. The severity of cerebral palsy is different for every child, however, in many cases, cerebral palsy is a direct result of medical negligence on the part of the doctor, nurse, or another medical professional during the birthing process.

Medical Errors Related to Cerebral Palsy

In many cases, the infant does not have enough oxygen to the brain, which results in permanent neurological damage. Unfortunately, there are thousands of cases of cerebral palsy that occur every year in the United States. There are ways that medical professionals can prevent this type of neurological damage that oftentimes results in cerebral palsy by taking appropriate steps that are established by protocols within the medical community. Negligence of a doctor or another medical professional can include the following:

  • Failing to discover, diagnose correctly, or appropriately treat an infection in the mother or infant
  • Failing to attach a fetal heart rate monitor to the mother, or failing to carefully observe the monitor for significant changes which would indicate a medical emergency
  • Failing to perform a cesarean section when it would be considered medically necessary
  • Failing to discover, diagnose correctly, or appropriately handle a prolapsed umbilical cord
  • Failing to use medical tools in the birthing process appropriately, such as vacuum extractors or forceps

Foundation for a Medical Malpractice Case

If you gave birth to a child that was later diagnosed with cerebral palsy, you may want to seriously consider whether or not medical negligence was involved in the development of your child’s condition. In many cases, medical errors either before, during, or immediately after the birth of a child can lead to brain injury resulting in cerebral palsy.

If your baby was born prematurely, the medical staff had an additional responsibility to ensure that appropriate measures were taken to ensure their health and to prevent brain damage. You may be able to file a claim against the attending physician, nurse, anesthesiologist, or other medical professionals. Additionally, if you had your baby in a hospital, you may have the legal right to hold the hospital directly responsible for the brain injuries suffered by your child.

Contact an Experienced Medical Malpractice Attorney

Conducting an independent investigation can be a complex legal undertaking and visiting with an experienced medical malpractice attorney can help you understand how you may have the legal right to pursue justice on behalf of your child.

If your child was diagnosed with cerebral palsy, contact the experienced attorneys at The Law Office of Daniel H. Rose at (415) 946-8900 or online today.

Look Out for The Signs of Road Rage

Every person has a bad day, is frustrated at some point with traffic, or is late for an appointment. However, none of these reasons gives anyone the right to drive aggressively, also known as road rage.

When a driver operates a vehicle with road rage, they become a danger to themselves and everyone else on the roadways. Watch out for the following signs of road rage to avoid potential accidents that may cause serious injury and harm.

Signs of Road Rage – Violations of the Law

Some of the signs of road rage are easy to spot, as they directly violate the law, roadway signs, or roadway signals. Some of these types of road rage that result in the direct violation of the law and could result in the driver getting a ticket from law enforcement include the following:

  • Speeding
  • Improper changing of lanes
  • Passing vehicles improperly on the roadways
  • Tailgating
  • Failing to yield
  • Failing to obey traffic signals and signs (stop signs, stoplights, etc.)

Additional Signs of Road Rage

Some additional signs of aggressive driving and road rage are apparent on the roadways, but may not actually include any violations of the law. Take careful note to observe any drivers on the roadways acting in the following ways, as it could be a strong indication that they are driving aggressively and could cause an accident due to their road rage.

  • Honking the horn excessively
  • Making wild, offensive or aggressive hand gestures
  • Yelling out of the window (threats, vulgarities, or angry words)
  • Abruptly accelerating or braking
  • Cutting off cars in traffic intentionally, or blocking cars while in traffic intentionally
  • Driving in such a way that their behavior causes another car to hit a pedestrian
  • Driving in such a way that another car runs off the road
  • Stopping the car and exiting in order to have a verbal or physical confrontation
  • Chasing another car at a high speed or with dangerous maneuvers

Filing a Claim

In order to file a claim against another driver for road rage, there must be an actual accident. Even if a driver is acting aggressively on the roadway, or driving in such a way to cause danger to those around him or her, the only way to actually file a claim is if there were physical or emotional injuries, or financial losses to a victim. However, if you see that someone is driving in an aggressive manner, or clearly has road rage, the best thing to do is contact law enforcement and attempt to give them the license plate number, the make and model of the car and the direction they are headed, if it is safe to do so.

Contact an Experienced Attorney

If you were involved in an accident due to another driver’s road rage, you have the right to receive compensation for your injuries and losses that were a direct result of their negligence. Contact the experienced attorneys at The Law Office of Daniel H. Rose at (415) 946-8900 or online today.

How Are Truck Accidents Different from Other Car Accidents?

Commercial trucks can include concrete trucks, tractor-trailer trucks, dump trucks, tow trucks, and construction trucks, among others. These large commercial trucks can often weigh over 80,000 pounds, which is 20 times the weight of a typical passenger vehicle. Truck drivers are incentivized to drive quickly to either deliver cargo in the shortest period of time or complete a construction job quickly.

While federal and state regulations both have strict guidelines regarding the operation and maintenance of these large vehicles, in many cases truck drivers, trucking companies, and manufacturers overlook these legal regulations in order to make additional profit.

When cargo is overloaded or unsecured, when tractor-trailer drivers operate their truck without ensuring that they meet the federal rest requirements, or when construction truck drivers operate their trucks without proper training, catastrophic injuries and even death can occur. There are several ways that truck accidents are different from typical passenger vehicle accidents.

Larger Medical Bills and Property Damage

When a large commercial truck collides with a passenger vehicle, the victims often suffer serious injuries. In many cases, a victim may suffer from traumatic brain injuries, aortic dissections, spinal cord injuries leading to paralysis, disfigurement, amputations, internal organ damage or bleeding, or even post-traumatic stress disorder from the trauma of the accident. Along with substantial medical bills, victims oftentimes is left with a car that is totaled and without transportation for the period of time until it can be either repaired or replaced.

Larger Insurance Policies

While the medical bills and property damage may be greater than typical passenger vehicle accidents, the insurance policies of trucking companies or truck manufacturers is also much more substantial. In some instances, the insurance policies covering commercial trucks can be up to fifty times the amount a typical driver carries on the roadway.

Determination of Liability

While most passenger vehicle accidents are typically between two drivers, and a determination of negligence must be made between those drivers (or more drivers if it is a multiple car pile-up), in the case of a commercial trucking accident, there are several more parties which may be liable and responsible for a victim’s damages and losses. These would include the following:

  • The truck driver
  • The trucking company (as the employer of the truck driver under a legal theory known as respondeat superior)
  • The truck owner (which is oftentimes different than the trucking company)
  • Any third-party that loaded the truck incorrectly
  • The shipper who hired the trucking company to deliver cargo
  • Manufacturer of any defective or flawed truck part or component which either caused or contributed to the trucking accident

Contact an Experienced Attorney

If you were involved in a trucking accident, you likely suffered substantial injuries and property damage. Making the determination regarding liability can be a legally complex matter. Contact the experienced attorneys at The Law Office of Daniel H. Rose. We will work to build you a strong personal injury case to help you get you the compensation you deserve. Contact our experienced attorneys at (415) 946-8900 or online today.

Determining Fault in Accidents Involving Pedestrians and Cars

If you were in an accident that involved both a pedestrian and a vehicle, you may think that the pedestrian always has the right-of-way. However, there are cases where an accident may result from the negligent actions of a pedestrian. Determining fault and liability in a car accident with a pedestrian can oftentimes be legally challenging. Learn how fault can be determined and what your legal rights are following an accident.

Driver Fault

Pedestrians oftentimes face catastrophic injuries following an accident with a vehicle and in many cases, the driver of the vehicle will be negligent and responsible. Drivers have a responsibility to ensure that they stay aware of their surroundings to ensure that they do not hit any pedestrians.

Additionally, distracted driving, or driving under the influence of drugs or alcohol often result in pedestrian injuries. In these cases, a driver will be held liable for any injuries suffered by a pedestrian hit in a crosswalk. If a driver is determined to be at fault for the accident, they will likely be responsible for medical bills, lost wages, and the pain and suffering of the pedestrian victim.

Pedestrian Fault

While most people think that the pedestrian always has the right-of-way, this is not always the case, legally. A pedestrian also has a responsibility towards the drivers in traffic and crosswalks. If a pedestrian acted negligently by jaywalking, walking along any highway, bridges or other areas where pedestrians are not allowed, darting out into traffic, walking out into traffic due to texting or another distraction, or crossing against a traffic signal, the pedestrian may be held liable for the accident and responsible for damages or injuries suffered.

Shared Fault

In some cases, there may be situations where both the driver and pedestrian share fault regarding the accident. For example, the pedestrian may have been jaywalking, but the driver was operating a motor vehicle while intoxicated. In these cases, there may be shared fault between the driver and the pedestrian that an experienced accident attorney can help you legally navigate in order to receive the compensation you deserve.

Police Report

In most cases, the police complete a report regarding a pedestrian and vehicle accident and in these cases, they may indicate who they believe was at fault. However, contacting an experienced accident attorney can help you conduct an independent investigation and help correctly determine fault in your accident involving a pedestrian and a car.

Contact a Car Accident Attorney

If you were involved in an accident between a vehicle and a pedestrian, you may have questions regarding who is at fault and will have to pay compensation. Contact The Law Office of Daniel H. Rose. We will work on your behalf to ensure that the correct parties in your accident are held responsible and will help you determine fault so that your legal rights are protected, and you receive the compensation you deserve. Contact our experienced car accident attorneys at 415-946-8900 or online today.

How Much Can I Expect from a Car Accident Settlement?

If you were injured in a car accident and your car was damaged, you may be wondering how much your car accident settlement is worth. While every car accident case is different, there are certain amounts that you may be entitled to as a victim.

Property Damages

If your car and the property inside it were damaged from a car accident due to someone else’s negligence, you are entitled to have your vehicle repaired or replaced, as well as any property inside the car that was damaged. Make sure to visit with an experienced attorney as you attempt to make the decision to repair or replace your vehicle.

Personal Injuries

If you were personally injured in a car accident due to the negligence of another person, you may have the right to receive compensation for and medical bills you incurred. Additionally, you may have the right to receive compensation for the travel to and from your medical appointments, as well as any medical devices you need such as a wheelchair or cane. Prescription medications and therapy visits are also included in the calculation of compensation amounts for personal injuries.

Pain and Suffering

Due to someone else’s negligence, you may have experienced physical and emotional pain related to your injuries for which you may also be compensated. Some severe car accidents even cause victims to suffer from post-traumatic stress disorder (PTSD). Pain and suffering damages include any type of emotional or physical suffering the victim currently experiences, as well as what medical professionals reasonably expect the victim to suffer in the future as well.

Calculating Settlements

Insurance companies typically want to offer low and unfair settlement offers to victims. They may not want to fully pay for vehicle repairs or medical visits. They may refuse to pay for pain and suffering. An experienced personal injury attorney can negotiate with insurance companies on your behalf to ensure you get the settlement amount you deserve.

While there is no exact number regarding pain and suffering, in some cases, the courts will use a “multiplier” method and allow between 1.5 and 4 times the actual damages calculated in the case. Calculating pain and suffering is significant because it can substantially affect the financial future of a victim. Ensuring that you have good representation will help you receive the compensation you deserve for your injuries as well as your pain and suffering.

Contact an Experienced Personal Injury Attorney

It is impossible to determine the exact amount of compensation in a settlement that a victim will receive following a car accident. However, having an experienced personal injury attorney negotiate with insurance companies on your behalf can ensure that your legal rights are protected. Contact us at The Law Office of Daniel H. Rose. We will work on your behalf to ensure that you receive as much compensation as possible for your property damage, personal injuries and pain and suffering. Contact our experienced car accident attorneys at 415-946-8900 or online today for your free consultation.