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While motorcycle accidents are less common than vehicular crashes, they often can result in more severe injuries and fatalities. One of the ways to prevent an accident from happening to you is understanding the common causes of motorcycle accidents.

If you take all the necessary precautions and someone still causes an accident that leaves you with injuries and financial losses, speaking with a motorcycle accident lawyer can help you get your life back on track.

What Are Some Common Causes of Motorcycle Crashes?

Motorcycle accidents can be caused by other car drivers on the road or by riders themselves, among other factors. Some of the more common causes include:

Speeding

Motorcycles are fast, but riding at excessively high speeds can be catastrophic. Speeding offers little to no time for a rider or driver to react and prevent a crash.

Speeding also includes riding faster than the current road conditions allow, such as in bad weather.

Motorcycle accidents resulting from speeding are usually more dangerous.

Open Car Doors

A driver parked on the street must check for any hazards, including motorcycles, in the side mirror before opening their car door. If they fail to do so, the driver or passengers risk opening the door in the way of a motorcycle and causing a dangerous collision with the rider. This is known as dooring.

Inexperienced Riders

Unfortunately, some motorcycle owners begin riding before they’ve had sufficient training and an accompanying license. This creates a hazard for both the rider and other people using the road.

Riding a motorcycle requires skills and knowledge that are difficult to gain without proper training. An experienced rider should operate the bike, evaluate conditions, and know how to respond to different situations on the road.

Impairment from Alcohol and Other Substances

Alcohol and other intoxicating substances impair driving, affecting coordination, balance, and ability to make proper decisions on the road.

An impaired driver or rider is not only a danger to themselves but also to other road users. Besides violating traffic laws, driving or riding under the influence is also a crime that can result in jail or even prison time.

Defective Parts

Improperly manufactured, assembled, or designed motorcycle parts can easily malfunction and cause an accident. When this happens, the manufacturer or bike dealership might be responsible for your injuries.

Motorcycles that are poorly maintained or lack proper servicing can cause a part to become faulty and cause a crash.

Distracted Driving

Riding a motorcycle or driving a car requires undivided attention. A split-second distraction from your surroundings can cause a catastrophic motorcycle accident.

Some of the most common sources of distraction for drivers include using a phone, speaking with a passenger, eating or drinking while driving, adjusting the radio, and so on.

Lane Splitting

Lane splitting refers to when a motorcycle rider rides between two lanes, especially during a traffic jam or when cars in either lane are moving slowly.

This is usually dangerous for the rider because of the reduced riding space, proximity to vehicles on either side, and the possibility of being in a car’s blind spot.

Talk to a Motorcycle Accident Lawyer

A motorcycle accident can happen so fast that there’s no time to determine the cause. However, it’s also impossible to pursue compensation for your injuries and property loss if you don’t know who caused the crash.

As you recover from the pain and trauma, allow a motorcycle accident lawyer from The Kindley Firm, APC, to help you fight for the compensation you deserve. Using our experience, our attorneys can study the circumstances surrounding your accident to identify and sue the liable party.

Speak to us by either calling our office at 619-550-1313 or sending a message through the contact form below.

 

The construction industry reports thousands of annual worker injuries and fatalities. And although construction sites are riddled with risks of injury, accidents are often a result of another person’s negligence.

If you’ve sustained injuries from a construction accident, the law requires your employer’s workers compensation insurance to pay for your medical bills and a certain percentage of your lost wages until you recover. 

However, there are a few circumstances that allow you to file a personal injury claim and seek compensation for other other forms of loss such as physical pain and emotional anguish. Regarding construction accidents, it’s not always easy to determine whether you are eligible for a third party lawsuit. Consult your construction accident lawyer to better understand your options when you’ve been hurt on the job.

Common Construction Accidents to Watch Out For

Falls

Falls are the most common type of construction accidents and account for a number of fatalities and permanent disabilities. In most cases, these accidents occur because the employer failed to implement OSHA’s (Occupational Safety and Health Administration) fall protection measures for construction sites.

Slip-and-fall accidents are also quite prevalent in construction sites due to the many tools and equipment likely to be lying around.

Hit by Falling Objects

Falling tools, debris, equipment, and other construction material can strike a worker and cause severe damage, especially head and neck injuries. Suspended loads can also crush on a worker due to vehicle or equipment malfunction. 

When this happens, the magnitude of injuries and other damages depends on whether the employee was wearing protective equipment such as hardhats or face shields. 

Machinery Accidents

Most construction sites also have different equipment and machinery for drilling, digging, moving heavy loads, and so on. These tools can also cause or facilitate a construction accident. 

Machinery accidents can arise due to a worker’s negligence, for example, operating while intoxicated or lack of proper maintenance by the employer. Defective machinery parts can also malfunction and cause an accident.

Car Accidents

This type of accident is common in road construction sites where a reckless individual drives into the site, causing injuries. However, some of these accidents can also be caused by poorly placed road signage or when a driver swerves to avoid construction debris.

In such cases, an attorney can help you determine liability and fight to recover additional damages you otherwise wouldn’t have with workers comp. 

Electrocution

Before a construction project is complete, the site is likely to have open ports and wires awaiting an electrician. Construction workers also come across active power lines and equipment conducting electricity. 

Faulty wiring, poorly repaired appliances, and lack of proper warning labels can cause electrocution in a construction area.  

Work With a Construction Accident Lawyer

Construction accident cases are not always straightforward. Sometimes, there’s a liable third party and the victim might be entitled to receive more than workers compensation. 

Speak with an experienced construction accident lawyer from The Kindley Firm, APC, to determine the specifics of your case and how to reclaim your losses after a construction accident. Call us on 619-550-1313 or fill out our contact form below to schedule your free case review.  

With the rise in ridesharing apps in recent years, people have been using services like Uber more and more to get from point A to B. Most of the time, they do so safely. Sometimes, however, passengers have suffered abuse from drivers, including sexual assault. 

Sexual assault is a serious act with criminal consequences. But when you’ve been abused by an Uber driver, you may also be entitled to financial compensation for your physical, financial, and emotional damages. 

Read on to learn more about how a personal injury lawyer can help you file a claim for an Uber driver assault.

The Basis for Compensation After an Assault

Sexual assault is a crime in the state of California. If you’ve been assaulted by an Uber driver, reporting the crime to the authorities could lead to a prosecutor filing criminal charges against the individual in question. And while this could help give you a sense of closure, it does little to personally compensate you for the awful experience you’ve lived through. 

This is where filing a civil suit against the person responsible for your assault is different. Claims and lawsuits in civil court are related to private complaints and compensation for private wrongdoings. 

The basis for seeking compensation is the very real damages that you have suffered as a survivor of sexual assault. Rideshare companies could potentially be held liable through the doctrine of vicarious liability for an employee’s actions. This same legal tactic has been the subject of numerous lawsuits in California and beyond in recent years.

 With the help of a sexual assault lawyer, you can file a claim seeking civil remedy for damages including:

• Medical bills related to the assault
• Psychological treatment
• Pharmaceutical expenses
• Lost income
• Pain and suffering
• Loss of enjoyment of life
• And other related damages

The damages you can suffer as a victim of sexual assault are multifaceted and complex, which is something a civil settlement should seek to address. 

Timeline for Filing a Claim in California

One important thing to remember for filing a claim for sexual assault is that it is a time-sensitive issue. In California, the state’s statute of limitations generally sets a deadline for filing of ten years after the last act of assault occurred, or three years after discovering it, for adults.

 For children, it can vary depending on the date of discovery, but the deadline is generally five years from the date of becoming aware of the damages, or until the age of 40. 

Issues related to discovery and the statute of limitations can be quite complicated. Once the deadline has passed, it becomes impossible to file a claim to recover damages. Sadly, some survivors have waited too long to take action in the past, so the best course of action is to contact a sexual assault attorney as soon as feasible to ensure that your rights are protected. 

Reach Out to a Sexual Assault Lawyer in San Diego Today

As a survivor of sexual assault, you deserve the aid of a compassionate and empathetic attorney who can help you seek the compensation you deserve. At The Kindley Firm, APC, we have the trial experience to help you secure the best possible result in your case. 

Call 619-550-1313 or fill out the form below to get started with a free consultation. 

 

When you file a car accident claim, at some point you or your San Diego car accident lawyer will likely be negotiating with an insurance company for your settlement amount. Whether the accident was the fault of another driver, a defective part, a road hazard, or something else, there’s probably an insurance company representing the responsible party.

The process of negotiating a settlement can sometimes be difficult, and consulting with an injury lawyer with experience dealing with insurance companies can be a big boost to your case. Here’s what you need to know in order to negotiate a car accident settlement.

Steps for Car Accident Settlement Negotiation

One of the first things you should do after suffering injuries in a car accident is visit your doctor.

Not only will this allow you to receive the treatment you need for your injuries—it also will give you a clearer understanding of the cost of your medical treatment.

Medical bills and related charges are just one of the damages that can comprise your car accident settlement, alongside lost income, emotional damages, and others.

Furthermore, taking the step of visiting a doctor after your accident allows your injuries to be recorded in your official medical record and indicates to the insurance adjuster that you took your injuries seriously enough to visit a doctor for treatment.

Some other tips for for negotiating your car accident settlement include:

• Have an idea of the amount you expect to receive. – Beyond your medical bills and economic damages, how much do you expect to receive for pain and suffering, or loss of enjoyment of life? It’s a good idea to have a ballpark figure and plan to negotiate further if the initial offer is far from what you expected.
• Don’t just accept the first offer. – The insurance companies will generally try to pay you the least amount of money possible. Like any other business, the insurance companies keep costs low by paying the least possible where they can. For that reason, don’t expect to receive all the money you’re looking for in the first offer. However, if you’re still not getting closer to what you expected after multiple rounds of communication, you may need to start considering alternatives.
• Have an attorney review your demand letter. – Making sure your initial contact effectively conveys the scope of your expectations for a settlement is crucial. Don’t be afraid to clearly state your injuries and the amount of money you’re seeking. At this stage and going forward, it can be vital to have an attorney who knows how to negotiate with the insurers on your case.
• Know how to work with the adjuster. – One common mistake that plaintiffs in car accident cases make is making a statement that the insurance adjuster can use to deny their claim. This may seem like a harmless part of the investigation into the accident, but when dealing with the adjuster, stick to the facts of your injuries and damages without giving away too much extraneous information that could later be used against you.

Contact a Car Accident Lawyer for Help Negotiating

Dealing with the insurance company after a car accident is a headache. Let us do it for you.

Contact an experienced car accident lawyer with The Kindley Firm, APC, at 619-550-1313 or by filling out the form below.

 

An injury can happen anywhere, anytime. When someone else’s carelessness or negligence is to blame, you might find success by filing a personal injury claim against them.

The case is no different for a hotel. In order to receive benefits in the form of financial compensation, however, you’ll have to prove how the hotel’s negligence caused actual damages.

Read on to find out if you can sue a hotel for negligence.

Types of Injuries You Can Suffer at a Hotel

Nobody ever expects anything but a relaxing experience when they check in at a hotel away from home. In reality, an accident could be waiting around any corner—and for as much as the hotel may try to shirk the responsibility, they are often directly or indirectly responsible.

But what are some of the ways you can be hurt at a hotel? One example that comes to mind is an injury at a pool or recreation area. The surfaces can be slick or slippery from water, and the hotel may not take proper precautions to protect its guests from an injury.

Suffering a fall, whether poolside or otherwise, could leave you with serious injuries, including a traumatic brain injury, broken bones, or back problems.

Some other types of accidents that can happen at a hotel include:

• Falls from an unsafe balcony
• Tripping down poorly maintained stairs
• Getting struck by a falling object
• Being scalded by hot liquid
• Food poisoning
• Airport-to-hotel shuttle accident
• Others

What Are the Benefits of Suing a Hotel for Damages?

People file injury claims when the carelessness or negligence of another person or entity causes their injuries. And although injuries can certainly be debilitating in their own right, the financial and emotional cost of living with said injuries can also be incredibly damaging.

For example, you might be impacted by the cost of emergency or recurring medical care related to your injuries. If you’re hurt, you probably can’t work, and lost paychecks add up quickly. Finally, getting hurt in an accident that was caused by actions or circumstances beyond your control can leave you with emotional trauma that impacts your quality of life.

Filing a claim for damages from the at-fault party can help. If successful, you could be compensated for:

• Medical bills
• Lost wages
• Emergency services
• Emotional trauma
• Pain and suffering
• More

Getting the compensation you deserve is never easy, as the hotel and its insurance company will likely fight you every step of the way. Fortunately, an experienced lawyer can help you seek the maximum settlement possible for your case.

Contact a Lawyer When You’ve Been Hurt at a Hotel

When you’ve been injured in a hotel accident, don’t let those responsible pay you any less than you’re really owned. At The Kindley Firm, APC, we have the experience and resources you need to file your claim with confidence.

Why not set up a free consultation with a lawyer from The Kindley Firm, APC? Call 619-550-1313 or fill out the form below to get started.