PREMISE LIABILITY AS A CASE OF PROOF

When the topic of premise liability comes up, one can deduce that it has a lot to do with premises. However, the grounds for liability, the liable parties, and the claim for damages are not as straightforward as its name.

A premise liability lawyer’s job is to help their client obtain compensation for any injuries they have sustained. Such injuries stem from the negligence or recklessness of the landlords in maintaining the property.

However, merely tripping, slipping, falling, or sustaining an injury on the property of someone else does not make them automatically responsible. You must be able to prove that the occupant or owner of the property caused the injury. This might either be through something they did maliciously or something they negligently failed to do.

At least one of these factors must come into play for the owner of a property to be held liable. The owner or his employee knew about a situation that was potentially dangerous and made no effort to rectify it. The owner or his employee did not make adequate efforts to fix a hazard.

The owner or his employee ought to be aware of the potentially dangerous situation. This is because the hazard had been there long enough for any reasonable person who maintained the property to have discovered and fixed it.

As is common in many cases, slips and falls are caused by poor construction, shoddy materials, violations of building codes, or a failure to properly pack water or snow off paths of travel. These accidents can be really severe, causing the victims pain and taking them through life-altering situations. A premise liability attorney helps such clients seek compensation for injuries based on the severity of each one.

Damages Accruable in a Premise Liability Case

The total amount of compensation in a premise liability case is determined by several factors. Typically, this includes your temporary or permanent disability, pain, disfigurement, medical expenses, as well as the effect of the injury on the quality of your life. Your current and future loss of income will also be considered. There are also cases where punitive damages are awarded.

Filing a Claim for Premise Liability

Typically, every insurance company makes diligent efforts to avoid premise liability claims. Even when they offer a settlement, it is usually lower than the rightful compensation of the victim. However, things could change with negotiation. This is why you should consult a premise injury attorney. Having handled many such cases, a good premises injury attorney should be able to determine the rightful compensation and negotiate it.

Conclusively, a case of premise liability only goes as far as the attorneys can take it. There is so much one can achieve with the instrumentality of the law. It only has to be in the hands of those who can wield it right.

SLIP AND FALL INJURIES: A LEGAL PERSPECTIVE

In most cases, slip and fall accidents have the least severe effects. They are mostly settled by the parties themselves. The simplicity of this process has therefore made it the norm to leave attorneys out of such cases. In all fairness, some cases do not involve attorneys. They are mostly clear and straightforward, with each claim and liability set out clearly from the onset.

However, some cases require the expert opinion of an attorney. Some slip and fall cases may be so complicated that one cannot easily determine liability. Also, insurance companies do not accept liability with open arms. They do their best to ensure that they are absolved of all liabilities. At worst, they are only willing to pay meager amounts for settlement. The services of attorneys are therefore needed to establish liability and secure fair compensation for injured parties.

Typically, the first task of the attorney is to help the defendant understand how serious the case is. When the defendant or insurance company realizes the implications of their liability under the law, they are more willing to compensate the injured party adequately.

Establishing Fault for Your Slip and Fall

While the first move can get the attention of the defendant or insurance company, only a strong case and concrete proof can keep them concerned. The attorney has the responsibility to gather facts and evidence. The aim is to prove that the claimant has suffered an injury. More importantly, he must prove that the injury was caused by the defendant. To get the desired compensation, he must also prove that the injury is serious enough. The losses accruing to the claimant must be presented to support the compensation claim.

Slip and fall incidents happen so suddenly. Sometimes, you can hardly explain how you went from coming down the stairs to being wheeled out on a stretcher. Therefore, establishing a fault is impossible without investigating how the injury occurred.

If you did fall, was it caused by slipping, tripping, or losing balance?

Was it a result of your distraction or previous health issues?

Was the floor slippery or the rails faulty?

Did you carry anything heavy? How heavy was it?

These are questions the lawyer must ask during the investigation. He must also be able to match the facts of the case to the applicable laws. He must understand how each jurisdiction defines liability and the extent of each. Sometimes, a slight difference between two laws can tilt a watertight case in favor of the other party.

In conclusion, slip and fall cases can take different dimensions depending on the facts of the case and the willingness of the parties involved to come to a fair settlement.

Truck Accident Attorney

A truck accident heralds many challenges. Injuries to some parties, liabilities to others. Such occurrences are mostly unforeseen and usually very complicated. It is such that it takes the support of experts to determine whether or not an injury or liability has indeed arisen. If so, where do the liability of one start and the injury of the other end?

The question is mostly left to an attorney to present, and the answer is left to a judge to determine. As simple as this sounds, it involves several processes.

Determining Liability in a Truck Accident Case

While neither of these two occurrences is unpleasant, truck accidents are more complicated than vehicle collisions. More often than not, the truck driver is tagged as the “orchestrator of all evil.” However, upon investigation, it may be revealed that the driver is not the only liable party. Judicial precedent reveals that there are cases where the truck driver has observed due diligence and every duty of care. Such cases have also revealed that a truck accident may very well be caused by parties who did not witness the incident. Thus, liable parties may include:

  • The truck driver
  • The truck manufacturer
  • The trucking companies
  • Government entities
  • The shipping company (responsible for loading the cargo)
  • Insurance companies

More questions may arise based on the working arrangement of the truck driver. Where the driver runs an independent contract with a bigger truck company, the bone of contention is different. It begins to border on supervision between such companies and their contractors. These are issues that only a truck accident attorney can unpack while claiming damages.

If the accident occurred due to the failure of any part of the truck, then the truck manufacturer may be held liable. The grounds for liability and a claim for damages are peculiar to each case. The outcome of each claim is mostly dependent on the dexterity of the attorney in court.

Building a compelling case

Having gathered the facts of the incident, the attorney can tell whether his case will be presented before a jury in court or before an insurance company. Regardless of its nature, the goal remains the same. The attorney must build a case that is compelling enough to win the claims or absolve the client of any liability.

To build such a case, the lawyer is saddled with the responsibility of gathering and presenting concrete evidence before the court. While the evidence is important to the case, the claims cannot be overlooked either. The attorney must also prepare adequate data to specify the number of damages and defend the fairness of such claims. Medical bills and other documents that prove that the injured party has suffered losses will be appropriate in this regard.

When the case is presented before an insurance company, the attorney needs to consider the offer of the company and negotiate in the interest of the client.

While several attorneys practice within the niche of truck accidents, only a few can pull off the task. At Venezuela Law, we have years of experience and an excellent track record within the niche. From gathering evidence to building a case and negotiating interests, we have you covered. Contact us today.

Proving Premise Liability

When the topic of premise liability comes up, one can deduce that it has a lot to do with premises. However, the grounds for liability, the liable parties, and the claim for damages are not as straightforward as its name.

A premise liability lawyer’s job is to help their client obtain compensation for any injuries they have sustained. Such injuries stem from the negligence or recklessness of the landlords in maintaining the property.

However, merely tripping, slipping, falling, or sustaining an injury on the property of someone else does not make them automatically responsible. You must be able to prove that the occupant or owner of the property caused the injury. This might either be through something they did maliciously or something they negligently failed to do.

At least one of these factors must come into play for the owner of a property to be held liable. The owner or his employee knew about a situation that was potentially dangerous and made no effort to rectify it. The owner or his employee did not make adequate efforts to fix a hazard.

The owner or his employee ought to be aware of the potentially dangerous situation. This is because the hazard had been there long enough for any reasonable person who maintained the property to have discovered and fixed it.

As is common in many cases, slips and falls are caused by poor construction, shoddy materials, violations of building codes, or a failure to properly pack water or snow off paths of travel. These accidents can be severe, causing the victims pain and taking them through life-altering situations. A premise liability attorney helps such clients seek compensation for injuries based on the severity of each one.

DAMAGES POSSIBLE IN A PREMISE LIABILITY CASE

The total amount of compensation in a premise liability case is determined by several factors. Typically, this includes your temporary or permanent disability, pain, disfigurement, medical expenses, as well as the effect of the injury on the quality of your life. Your current and future loss of income will also be considered. There are also cases where punitive damages are awarded.

FILING A PREMISE LIABILITY CLAIM

Typically, every insurance company makes diligent efforts to avoid premise liability claims. Even when they offer a settlement, it is usually lower than the rightful compensation of the victim. However, things could change with negotiation. This is why you should consult a premise injury attorney. A good premises injury attorney should be able to determine the rightful compensation and negotiate it. With years of experience, we are a perfect fit for your case.

At our firm, our premise injury attorneys walk you through the process. They review your case and present the options to you. They outline the factors that determine your total compensation and prepare you for the lawsuit. If you or your loved one has been injured by the negligence of a property owner or occupant, our law firm can help you. Contact us today.

Slip and Fall Attorney

In most cases, slip and fall accidents have the least severe effects. They are mostly settled by the parties themselves. The simplicity of this process has therefore made it the norm to leave attorneys out of such cases. In all fairness, some cases do not involve attorneys. They are mostly clear and straightforward, with each claim and liability set out clearly from the onset.

However, some cases require the expert opinion of an attorney. Some slip and fall cases may be so complicated that one cannot easily determine liability. Also, insurance companies do not accept liability with open arms. They do their best to ensure that they are absolved of all liabilities. At worst, they are only willing to pay meager amounts for settlement. The services of attorneys are therefore needed to establish liability and secure fair compensation for injured parties.

The first task of an experienced attorney is to help the defendant understand how serious the case is. When the defendant or insurance company realizes the implications of their liability under the law, they are more willing to compensate the injured party adequately.

Establishing Responsibility for Your Slip and Fall

While the first move can get the attention of the defendant or insurance company, only a strong case and concrete proof can keep them concerned. The attorney has the responsibility to gather facts and evidence. The aim is to prove that the claimant has suffered an injury. More importantly, they must prove that the injury was caused by the defendant. To get the desired compensation, he must also prove that the injury is serious enough. The losses accruing to the claimant must be presented to support the compensation claim.

Slip and fall incidents happen so suddenly. Sometimes, you can hardly explain how you went from coming down the stairs to being wheeled out on a stretcher. Therefore, establishing a fault is impossible without investigating how the injury occurred.

If you did fall, was it caused by slipping, tripping, or losing balance?

Was it a result of your distraction or previous health issues?

Was the floor slippery or the rails faulty?

Did you carry anything heavy? How heavy was it?

These are questions the lawyer must ask during the investigation. He must also be able to match the facts of the case to the applicable laws. He must understand how each jurisdiction defines liability and the extent of each.

At Venezuela Law, we have the years of expertise and experience it takes to establish a strong case and negotiate fairly. If you or a loved one has suffered an injury due to a slip and fall case, contact us. We can take on the investigation and negotiate adequate compensation. We hold your hands in consultation and work the process as your legal representatives. Contact our law office today.

TIPS TO AVOID A DEVASTATING BIKE ACCIDENT

Bikers are the most vulnerable motorists. If they are involved in an accident, they are especially vulnerable to injury and death. The best way to protect everyone on the road is to enact strategies that can help avoid accidents. These are steps that all motorists can use to make the roads that we share safer.

Below, are some safety measures in hopes that they can decrease the number of devastating accidents that involve bikes. Additionally, we will discuss what to do if you have been involved in an accident.

Tips For Bikers

Education: State Farm Insurance offers a list of ways to be a safe bike rider. Among the many list items, one of the most important tips is to seek education. New riders should take a reputable safety course so that they can learn strategies to stay safe on the road. Veteran riders can also benefit from a refresher course every few years. Beyond the class, take bike safety seriously. Actively search for ways to keep yourself and other motorists safe on the road.

Keep Your Attention on The Road: One of the leading causes of rider accidents is a distraction. Phone calls and music are just two things that can take your attention away from the road. It is a good idea to abstain from these distractions, at least until you are a confident rider.

Obey State Laws: Speeding is one of the main causes of bike accidents. At lower speeds, reaction time is increased, and accidents are less likely to occur. Additionally, when accidents do occur at lower speeds, the damage is not as devastating. The fact is that less speeding means fewer accidents.

Alcohol: It is impossible to be a safe rider when you are impaired by alcohol. The CDC states that alcohol-impaired riders caused 10,497 deaths in 2016. If you have been drinking, do not ride your bike. The odds are very high that you will cause a possibly fatal accident. Also, be on the lookout for the signs of impairment in other riders.

Wear A Helmet: Texas law states that helmets are only required for riders 20 years of age or younger. However, the CDC reports that helmets saved 1859 lives in 2016. Research proves that helmets can be the difference between death and life. A bike accident can change your life forever. If you or a loved one has been involved in an accident, you should seek experienced legal representation. An experienced attorney can make sure that you get the compensation that you deserve and help your life get back to normal.

If you live in the Houston area, consider contacting The Valenzuela Law Firm, PC. We will use our years of experience in injury law to construct your case and argue on your behalf to get you what you legally deserve.

COMMON CAUSES OF ROLLOVER CRASHES

Have you been in a roll-over accident? It is a terrifying experience. Rollover crashes happen, and they often lead to devastating injuries and fatalities. Understanding the common causes of roll-over crashes can help you better protect yourself and your loved ones from these life-threatening accidents. If a negligent driver leaves you injured in a roll-over crash, you need the experienced legal counsel of a dedicated Houston, Texas, auto accident lawyer.

Rollover Accidents and Driver Error

he National Highway and Traffic Safety Association (NHTSA) finds that driver error plays a significant part in roll-over accidents. Overcompensating in emergency driving situations—rather than safely steering through them—is a common culprit. When you find yourself in a driving emergency that was brought on by your driving error, however, it’s all too easy to panic and overcompensates. Several specific driver errors are especially conducive to such overcompensation:

  • Driving with Excessive Speed – Speed plays a larger role in fatal rollovers than it does in any other kind of traffic fatality. In fact, speeding is a factor in nearly 40 percent of all fatal rollovers that occur on roads with at least a 55-mph speed limit.
  • Driving while Impaired – Impaired driving is always dangerous driving, but this doesn’t adequately relay the significant role that impairment plays in deadly rollover accidents. In fact, half of all fatal rollovers involve an impaired driver. When you encounter a driving emergency, even a small amount of alcohol in your system can prove exceedingly dangerous.
  • Traveling on Country Roads – Rural highways and roads see more than their fair share of rollover accidents. Such roads often lack the safety features of a more-traveled divided highway. Ultimately, about 75 percent of all rollover fatalities happen on rural roadways with speed limits of at least 55 mph.
  • Driving on Worn, Damaged, or Faultily Manufactured Tires – Our vehicles’ tires tether us to the road. When they aren’t up to the task, they leave us vulnerable to dangerous accidents, including rollovers. Your ability to control your car safely in an emergency directly correlates to the condition of your tires, and rollover crashes are often the result of a driver’s loss of control.

Multi-Car Rollover Accidents

Most roll-overs are single-car accidents, but roll-over crashes involving more than one car also happen. Such accidents are typically predicated on drivers who speed excessively, drive while impaired by alcohol or drugs, or fail to adjust to a road’s less-than-perfect condition, including the dangerous effects of inclement weather.

The devastation associated with rollovers is often overwhelming. If you or someone you love has been injured in such an accident, the experienced auto accident lawyers at The Valenzuela Law Firm, PC in Houston, Texas, are on your side. Our dedicated legal team is committed to aggressively advocating for the compensation to which you are entitled.

If a negligent driver leaves you injured in a roll-over accident, consult with an experienced Houston, Texas, auto accident lawyer today.

WHAT HAPPENS IF I CRASHED IN A COMPANY TRUCK?

People employed by certain companies often have to use the company truck for making deliveries or picking up goods. Unfortunately, accidents will happen. The situation can be very complex, especially if you are found to be at fault. At the end of the day, there will always be the issue of who is going to pay. If you are injured in a crash, it is advisable to seek the support of a personal injury attorney. Only they can give you the guidance you need when it comes to preserving your rights.

The Insurance Company

This can be very tricky. If the truck is insured, the insurance company will cover the damage. If there are other injuries, the responsible party will be required to pay for them. In some cases, where there is a liability, the at-fault driver may be pressed to pay the company back. Therefore, you will need an experienced Houston truck accident attorney on your side. The professionals at The Valenzuela Law Firm, PC, have a solid track record in defending personal injury and truck accident claims. These accidents can take a tremendous toll on your life and your family’s life. Let an experienced firm help you reclaim your life.

Determining Responsibility After the Accident

When it comes to determining fault in employee-versus-employer accidents, judges almost always rule that employers are responsible for their employees. The issue is, was the employee operating within the scope of employment? This is an issue that can be tricky. In most states, the rule is that if the employee was working in the capacity of performing work-related activities, the employer is responsible. However, if the employee had the truck during off-hours and had an accident, it could dramatically change things. You must consult an attorney as quickly as possible. Because there may be other factors that determine liability, such as the car policy contract and whether there is a liability exclusion, the state where the accident happened, and the terms of the insurance policy. Insurance policies vary wildly. Even if the employee is driving, there can be coverage restrictions that could make them liable.

Intentional Acts by The Driver

As ridiculous as it may sound on its face, there are times when employees intentionally damage company vehicles. While in most cases, the employer is liable if the employee has an accident, there may be times when the employer is not. For instance, an employee would be liable if they intentionally wrecked the vehicle out of anger at someone at the company. If the accident is not related to company business, the employee will likely have to pay the company back. If you have been involved in a company vehicle accident, you should find a personal injury attorney to represent your case today. While some issues may seem cut and dry, personal injury attorneys understand the law. They will utilize all their knowledge and skills to achieve a successful outcome. The Valenzuela Law Firm, PC, is more than ready to give you the representation you need. Call us today for a free, no-obligation consultation.

5 WAYS TO AVOID SLIP-AND-FALL ACCIDENTS IN THE WORKPLACE

Slip and fall accidents in the workplace happen a lot more often than you may realize. According to the CDC, 26% of nonfatal work injuries were caused by slips, trips, and falls. OHSA reports that slip and fall accidents lead to more than 700 deaths annually. With that in mind, it’s in the best interest of employees and business owners to take as many precautions as possible to avoid a slip and fall catastrophe. If you’ve suffered a slip and fall accident on the job, The Valenzuela Law Firm, PC can help.

Contact us today to schedule your initial consultation. Continue reading to learn tips and strategies to avoid workplace slip and fall injuries.

Ensure Design Safety to Prevent Slip and Fall Accidents: The first step towards avoiding a slip and fall accident on the job is limiting the number of workplace hazards during the design phase. A few design strategies that can prevent your workplace from becoming a slip and fall accident magnet include but are not limited to:

  • Ensure entryways are equipped with non-slip mats
  • Maintain sufficient lighting in work areas, pathways, etc.
  • Mark steps, ramps, and other potential hazards with reflective material or colors
  • Follow OSHA standards concerning the railing, coverings, toe boards.

Develop Safe Procedures to Avoid a Slip and Fall Accident: A slip and fall accident can happen anywhere. That includes construction sites, classrooms, office buildings, and more. With that in mind, it’s essential to develop OSHA-compliant processes to cultivate a safe environment. A few examples include:

  • Properly ventilating exhaust fumes, dust particles, and other hazardous airborne contaminants.
  • Check for loose electrical wiring, cords, etc., that create unsafe walking conditions.
  • Continually update and review standard operating procedures to ensure safety compliance.

Maintain Your Property to Minimize Slip and Fall Hazards: Even if your workplace designs a safe environment and creates safe processes, all efforts are subject to failure without a housekeeping/groundskeeping force in place. When hiring maintenance staff, ensure they do the following:

  • Maintain a regular cleaning and maintenance schedule
  • Take preventative measures to limit the risk of a slip and fall accident occurring
  • Regularly check irrigation and plumbing systems
  • Receive regular safety training and safety protocol updates

Be Prepared for Inclimate Weather: Snow, rain, and other forms of bad weather can produce hazardous conditions for any workplace. All staff should be trained on best practices for bad weather. Furthermore, every business should have a plan for safely dealing with ice, snow, rain, etc.

Regularly Train Employees to Avoid Activities That May Lead to a Slip and Fall Accident: Sometimes, employees are so focused on their job that they forget safety protocols. Businesses must provide safety training to employees during onboarding and throughout employment. They are more likely to engage in activities that increase the likelihood of a slip and fall accident.

If you’ve suffered a slip and fall accident injury at work, you may be entitled to compensation. Contact The Valenzuela Law Firm, PC, today to discuss your case.

CHILD CAR SEAT SAFETY TIPS: EVERYTHING YOU NEED TO KNOW

CHILD CAR SEAT SAFETY TIPS EVERYTHING YOU NEED TO KNOW

Child car seat safety tips that you need to know:

  • The legal requirements for car seats.
  • What type of seat is appropriate for your child’s age and weight?
  • Where should your child sit in the car?
  • No winter coats.

Child car seat safety can be a matter of life and death. Motor vehicle crashes are a leading cause of death for young children. Young children who are properly positioned and secured in a seat suitable for their height and weight have a considerably greater chance of surviving a car crash.

The CDC reports that the use of child car seats in passenger vehicles reduces the risk of death or injury to children 3 years of age or younger by 71-82%, and booster seats reduce the risk of serious injury to children between the ages of 4 and 8 by 45%.

Car Seat Safety Tips for Infants

The best child car seat safety tips for infants are to keep kids 3 years of age or younger in rear-facing seats for as long as possible. Only once they have outgrown the seat manufacturer’s maximum weight and height limits should a child be moved to a forward-facing seat.

Forward-Facing Child Car Seat Safety Tips

To maximize safety, kids should use a forward-facing seat that is equipped with a harness and tether until they reach the height and weight maximum limits set by the manufacturer, which may occur around 7 years of age.

Boosters’ Seats

Once a kid has outgrown their forward-facing seat, child car seat safety best practices require that the kid use a belt-positioning booster seat until he or she is tall enough to safely use a vehicle’s manufacturer-installed lap/shoulder seat belts.

Child Car Seat Safety Tips for Seat Belts

Child car seat safety best practices permit children to graduate to wearing seat belts once they have outgrown boosters, which typically occurs when the child reaches 4’9” and/or is 8 years of age or older. Like adults, children should use both lap and shoulder belts to ensure the most reliable protection. It is important to remember that for a seat belt to fit properly and provide the protection it is designed to provide, the lap belt must fit snugly on a child’s upper thighs and the shoulder belt should fit across the shoulder.

Having Kids Ride in The Rear Seat

Child car seat safety experts agree that young kids should ride in the rear seats of vehicles until they reach the age of 13, because the force of front-seat air bags is particularly dangerous for kids under the age of 13.

Remove Children’s Winter Coats

Experts recommend that kids should not wear their winter coats while secured in their car seats because it can leave the harness too loose to protect children in the event of a car crash. The seat’s harness should fit tightly to the child’s body, approximately at the armpit level. To keep children both safe and warm, you can drape a blanket and/or a child’s winter coat over the top of the child once he or she has been safely secured in his or her seat and the harness has been securely fastened. If you or your child have been injured in a car crash and you have questions about your legal rights, you can call for a consultation with one of our experienced motor vehicle accident attorneys.

BROKEN HIP AFTER A SLIP AND FALL ACCIDENT

BROKEN HIP AFTER A SLIP AND FALL ACCIDENT

A broken hip is a devastating injury. Getting full strength and motion back can take as long as a year. During that time, the patient may endure multiple surgeries, physical therapy, and significant mobility limitations. Elderly patients are especially prone to hip fractures. A lawsuit against the responsible party may be warranted when a slip-and-fall accident leads to a broken hip.

Slip-And-Fall Accidents in Texas

Slip-and-fall accidents fall within the scope of premises liability, a legal standard that holds property owners and other responsible parties (like tenants) responsible to varying degrees for injuries that occur on their property. The rules governing such a situation depend on the location of the injury and its specific cause.

Homeowners and residential tenants owe a duty to visitors to take reasonable steps to ensure that visitors are not injured by hazards on their properties. The reasonableness of the steps taken by a homeowner to address a hazard will vary according to the facts of the case. For example, a homeowner may or may not be required to warn visitors if a walkway is slippery during rainy weather. Businesses that are open to the public are held to a higher standard of care than homeowners are. They are required to keep their premises reasonably safe for use. Unlike a homeowner, a business needs to take affirmative steps to ensure that its facilities are free of hazards. Textbook slip-and-fall cases usually involve things like poorly maintained stairs, a failure to clean up a spill, or inadequate safety precautions around dangerous conditions like broken floor tiles.

Damages Recoverable for Broken Hips

A plaintiff who has suffered a broken hip in a slip-and-fall accident that resulted from the defendant’s negligence can often recover compensation for the damages associated with the injury. Damages include medical expenses, lost wages, transportation costs, short-and long-term modifications to a home, and physical therapy. Damages can also include compensation for pain and suffering, loss of enjoyment, and other personal consequences of the injury. Someone injured in a slip-and-fall accident has two years to file a lawsuit in Texas. Victims of someone’s negligence should consult an attorney right away. Quite often, there are important pieces of evidence, essential witnesses, and time-sensitive strategies that need to be addressed as soon as possible following the accident.

For several years, The Valenzuela Law Firm, PC has represented clients in personal injury cases. Our attorneys are available for consultations to discuss your injury and your options for filing a lawsuit. Through our contact page, we can be reached at any time to schedule an appointment or ask us to call you.

AVOIDING ACCIDENTS WITH LARGE TRUCKS WHEN DRIVING AT NIGHT

AVOIDING ACCIDENTS WITH LARGE TRUCKS WHEN DRIVING AT NIGHT

The National Highway Traffic Safety Administration reports that the frequency of traffic fatalities is three times greater at night. Even though only 25% of all driving occurs at night, it accounts for more than 50% of all traffic deaths. During the fall and winter, it gets dark earlier, and the weather can be treacherous. In addition, there are generally more large commercial trucks transporting and delivering goods in anticipation of the holiday season. Driving at night between October and February can be more dangerous than at other times of the year.

The dangers associated with night driving and large trucks are present all year round. Here are some of the issues to consider when driving at night around large commercial vehicles.

  • Blind Spots

The drivers of tractor-trailer trucks typically have reduced visibility due to blind spots. The primary blind spots are along the right front quarter, at the left rear corner, and directly behind the vehicle. If you are unable to see the driver’s side-view mirror on a semi-truck, you are likely in one of their blind spots.

  • Right Turns

A vehicle’s rear wheels have a shorter path, making them more likely to hit curbs during turns. Large trucks need a wider distance to execute a turn. Therefore, you often see tractor-trailer drivers swerve to the left before turning right. You should avoid passing trucks on the right when approaching intersections to prevent yourself from getting caught between the truck and a curb.

  • Passing

Don’t pass a truck while it is backing up. The driver may be unable to see you. Pass trucks on the left-hand side and remember to maintain your speed. Make sure you allow adequate space between yourself and the tractor-trailer before changing lanes back in front of a truck, since trucks require a lot of distance to slow down.

  • Mirrors

Make sure your mirrors are properly positioned to minimize blind spots. From the driver’s seat, you should have some visibility of the left rear corner of the car. Be sure to keep your exterior mirrors clean so they don’t obstruct your vision.

  • Oncoming Car Headlights

Avoid staring directly into the headlights of oncoming vehicles. Adjust your rear-view mirror to dim the bright headlights of vehicles approaching you from the rear.

Immediately After an Accident

Stay at the scene. Stop your vehicle as soon as you can do so safely. Every state requires drivers to stop after an accident if it’s safe to do so. Fleeing the scene of an accident could lead to criminal charges, even if the accident wasn’t your fault.

Pull over to safety. If it’s possible, pull your vehicle off the road to a safe place. If other cars can, they should also be moved to the side of the road.

Turn off your car. Be sure that every vehicle involved in the accident has been turned off. This will help to reduce any potential risks from fire.

Take stock. Your adrenaline is likely pumping. Take a minute to calm yourself after the shock of the accident. Calming down will help you get your thoughts together.

Check for injuries. Injuries are your first concern for yourself, passengers, and then anyone else involved in the accident. Even if there are only minor injuries, make a note, as people may try to claim them later.

Call us Today for a Case Evaluation

If you have been injured in an accident involving a large truck at night, you may be entitled to compensation. For a consultation with an experienced truck accident attorney, call The Valenzuela Law Firm, PC today or contact us online.