Posted on April 15, 2024 in Car Accident

Distracted driving is one of the most common causes of car accidents, and being involved in an accident with a distracted driver often results in serious injuries. You may have a claim after a distracted driving accident, though it is important to seek the guidance of an experienced California attorney as soon as possible to explore your legal options.

Determining Fault in a Distracted Driving Accident

One of the most important things to do after a distracted driving accident is to determine fault. In most cases, distracted drivers will be texting, eating, changing radio stations, or using other handheld devices that cause them to act recklessly or negligently, causing the accident. This may seem straightforward at first, but proving that the other individual was distracted while driving can be complex.

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 Posted on March 19, 2024 in Catastrophic Injuries

Being involved in a bicycle accident in California can be a deeply traumatic experience, especially when you are facing injuries and legal challenges. As an injured bicyclist, understanding the most important evidence you can use in your injury claim is crucial for seeking justice and compensation. By gathering key pieces of evidence, you can strengthen your case and improve the possibility of attaining a favorable outcome.

At Maineri Law Firm, our skilled injury attorney has over 23 years of experience assisting clients in California to navigate the aftermath of their personal injury. When clients come to us, they can feel confident that they will meet every required deadline in their case, such as the two-year statute of limitations for injuries, and receive high-quality guidance and a lawyer who will not quit until the job is done. For aggressive legal representation in pursuing the damages you may be entitled to, Attorney Maineri is an attorney you can depend on.

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 Posted on February 15, 2024 in Premises Liability

Slip and fall accidents can happen in any occupation or environment and it is quite common for them to result in injuries of various degrees. Understanding what to do in the situation and how to handle what follows is crucial to determining your path toward compensation. There are a few essential steps you should take that will make it easier to file a claim. Of course, it is always wise to bring in an experienced lawyer to assist you.

Seek Medical Attention

Above all else, ensure that you are taken care of medically. Even a mild injury or one that is not immediately noticeable can become a serious problem later on. Make an appropriate and thorough assessment of your situation and consider going to the hospital for an examination. If you choose to go to the hospital, document everything from costs to the doctor’s concerns. These can both be used in a claim or lawsuit. In some slip and fall cases, there are injuries that you may not notice or cannot see, as they are more mental or emotional than physical. These injuries are just as valid as physical ones when filing a claim or lawsuit.

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 Posted on January 21, 2024 in Car Accident

In both car collisions and truck accidents there is a likelihood of injury to one or both parties involved. It should come as no surprise that medical costs are not cheap. So, in a motor vehicle accident, who winds up paying for the bills?

In California, it depends, in part, on who is at fault or whose negligence led to the accident and subsequent injuries. Thankfully, even if the defendant is only one percent liable for the plaintiff’s injuries, the plaintiff can still sometimes receive compensation for damages. The intricacies of pure comparative negligence can be complex. A personal injury attorney is the best person to help you navigate your case.

Pure Comparative Negligence

Most states use modified comparative negligence. In these states, a plaintiff cannot receive compensation for damages if they are found to be at fault for a specified percentage of the accident. The percentage will vary from state to state but will typically fall between 50 to 51 percent. California chooses to use pure comparative negligence in its personal injury cases.

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 Posted on December 12, 2023 in Car Accident

In today’s digital world, cell phones have become an essential part of daily lives, for better or worse. They not only serve as a means of communication but can also collect valuable data that can be crucial in certain legal situations, including in car accident cases. If you were involved in a car accident and believe the at-fault driver was using their cell phone when the accident occurred and was thus driving distracted, pick up the phone and contact a lawyer in California. Cell phone data may prove that distracted driving via cell phone use was the cause of the accident and your injuries.

Liability in Accidents Caused by Cell Phone Distraction

In any personal injury case, especially those involving car accidents, figuring out who was liable for the accident is paramount. Cell phone data can play a significant role in establishing fault by providing valuable information about the actions of the parties involved. For example, call logs, text messages, or social media activity can help determine if the at-fault driver was distracted when the accident occurred, such as texting or talking on the phone.

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 Posted on November 08, 2023 in Truck Accidents

Truck driver fatigue is a serious concern on the roads, and it can lead to devastating accidents and injuries. If you have been involved in an accident with a truck in California and suspect that the driver was fatigued, it is crucial to gather evidence to support your claim. Many injured individuals may be unaware of what they should do or who they should turn to for assistance in their case. The best resource to turn to in your time of need is a knowledgeable lawyer. They will take on your case and help you gather evidence, protect your rights, and more.

How to Prove a Trucker Was Fatigued While Driving

1. Hours of service – The Federal Motor Carrier Safety Administration (FMCSA) has well-established Hours of Service (HOS) regulations to prevent truck driver fatigue. These regulations are in place to dictate the maximum number of hours a truck driver can be on duty and the required rest periods. Requesting the truck driver’s logbook or electronic logging device (ELD) records can provide crucial evidence of their compliance with HOS regulations. Analyzing these records can reveal any violations, such as excessive driving hours or inadequate rest breaks, supporting your claim of driver fatigue. 

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 Posted on October 10, 2023 in Uncategorized

In personal injury cases, a question that is so often asked is the following: what can I do to maximize my compensation? People too often focus on what happened to them during their accident and how it may affect their compensation later in their injury case. While, of course, it matters what happened during your accident a great deal, there is something else that is just as important, maybe even more important. That is, seeking prompt medical treatment for your injuries. 

Prompt medical treatment is essential in an injury claim because having an official record regarding the extent of your injuries is a crucial piece of the personal injury puzzle. Think about it this way: if no record details your injuries, how will you know how much compensation you could be owed? Your injury case is much stronger if you have a doctor’s report detailing the extent of your injuries rather than simply claiming that the accident injured you severely. Once you have received medical care from a healthcare professional, call a lawyer to discuss your injury case moving forward. While medical treatment in personal injury cases is often an ongoing process, it is essential to take the initial step in promptly obtaining medical assistance from a professional.

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 Posted on September 26, 2023 in Truck Accidents

Truck accidents can potentially cause catastrophic damage and severe injuries due to the sheer size and weight of commercial vehicles. One significant contributing factor to truck accidents is falling cargo. When cargo is not properly secured or loaded, it can shift or fall during transit, leading to hazardous situations on the road. If you were injured in a trucking accident involving falling cargo, contact a lawyer, as you may be entitled to compensation.

Dangers of Falling Cargo

Falling cargo poses numerous risks on the road, including:

• Impaired visibility – When cargo falls from a truck, it can obstruct the driver’s view, making it challenging to navigate and react to sudden changes in traffic or road conditions. This limited visibility can result in collisions with other vehicles, pedestrians, or objects on the road. 

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 Posted on August 08, 2023 in Premises Liability

As parents, we all want to prioritize the safety of our children while allowing them to explore and pursue exciting activities. Imagine a sunny day in California when young soccer players are passionately engaged in a match, only to encounter sudden twists and falls due to hidden gopher holes on the field. These unanticipated hazards can easily lead to severe injuries like torn ligaments and broken bones. These injuries can be expensive to heal and may affect a budding athlete’s ability forever. According to a recent study, inadequate sports facilities and fields are the leading cause of soccer player injuries. If your child has been injured as a result of a poorly maintained soccer field, you may have a premises liability case on your hands.

Negligence of Field Maintenance

In California, those participating in sports must sign a waiver, acknowledging the risks involved. Consequently, if your child sustains an injury while playing soccer, legal action against the team or an aggressive teammate may not be feasible.

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 Posted on July 07, 2023 in Truck Accidents

Hot roads and traffic congestion can make for a volatile combination during the summer when people are heading out on vacation. Add massive commercial trucks with defective parts to the mix and disaster is likely to strike. If you or a family member was injured in a truck accident as a result of equipment failure it is important that you seek legal representation. There are circumstances in which faulty equipment is the cause, however, if truck owners do not perform regular maintenance on their trucks to ensure that all safety standards are met, the driver can be found liable for a truck accident. At Maineri Law Firm, we have 25 years of experience providing trusted guidance and favorable results.

Defective Equipment

Defects in trucks can be wide-ranging and difficult to pinpoint. There are instances in which a manufacturer or a distributor may be liable for injuries caused as a result of defective parts. Trucks have numerous parts and when they are faulty, catastrophic accidents can occur. Here are some examples in which both the operator and defective equipment pose risks:

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