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Deldar Legal are personal injury attorneys operating across California. We offer free consultations at (844) 335-3271.

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Mechanical Failures a Common Cause of Truck Accidents Big rig accidents are often attributed to reckless behavior on the part of the truck driver. While speeding, being distracted, or driving ... The post Riverside Truck Accidents; Why You Need A Lawyer appeared first on Deldar...

Mechanical Failures a Common Cause of Truck Accidents

Big rig accidents are often attributed to reckless behavior on the part of the truck driver. While speeding, being distracted, or driving under the influence are frequent causes, mechanical failures in the truck itself are a common contributing factor. Faulty parts and failure to properly maintain the truck can result in dangerous breakdowns on busy roads and can cause the driver to lose control of the rig. When this occurs, the driver, the trucking company, and truck parts manufacturers may all be liable for injuries suffered as a result.

Mechanical Failures Responsible for Truck Accidents

Truck accidents are a common occurrence on roads in Riverside and throughout California and end up impacting other motorists on the road. The Insurance Institute for Highway Safety (IIHS) states that as the average truck weighs more than 20 to 30 times more than the average motor vehicle, it is these other drivers who often suffer the most serious injuries.

Due to the massive size of tractor-trailers, 18-wheelers, and other big rigs, they require more routine maintenance to keep them in safe running order. When mechanical failures happen, it significantly increases the odds of a big rig accident. Among the most common problems in these types of cases include:

• Tire failures: Truck tires are subject to heavy wear and tear. They require regular inspection and frequent changing to avoid flats and blow-outs, which can cause the truck driver to lose control. Even something as seemingly minor as uneven tire pressure can throw the truck off balance, increasing the likelihood of a truck accident.
• Brake failures: The average truck can weigh as much as 80,000 pounds. Stopping a big rig, particularly when traveling at higher speeds on highways, puts heavy wear and tear on brake systems. Not routinely changing the brakes and faulty brake parts can result in catastrophic accidents and injuries.
• Steering problems: Navigating a truck requires an extraordinary amount of skill, particularly at intersections, around curves, or any time there is a significant amount of traffic. Problems with the steering column can make the truck impossible to handle.
• Engine issues: A lack of routine maintenance, low oil levels, and faulty parts can cause a truck’s engine to seize. Sudden stopping endangers other motorists on the road and increases the chances for rollover or jackknife accidents.
• Coupling failures: The coupling is what connects the trailer to the truck. When these are damaged or not properly secured, the trailer can come loose. Life-threatening multi-vehicle accidents can occur as a result.

The Federal Motor Carrier Safety Administration (FMCSA) warns that even relatively minor maintenance issues can also increase truck accident risks. Broken head, tail, or brake lights and improperly functioning windshield wipers can dangerously reduce the truck driver’s visibility.

Get Legal Guidance From Our Big Rig Accident Attorney in Riverside, CA

When Riverside truck accidents happen, Deldar Legal can determine the underlying causes so you can hold those responsible for your injuries accountable in a claim. To request a consultation regarding your case, contact our big rig accident attorneys in Riverside, CA today.

The post Riverside Truck Accidents; Why You Need A Lawyer appeared first on Deldar Legal.

Avoid These Five Mistakes During a California Car Accident Lawsuit Insurance companies and other vested parties might pay particular attention to your personal behaviors and habits after you file a ... The post Riverside Auto Accident Lawyer; Why You Need One appeared first on Deldar...

Avoid These Five Mistakes During a California Car Accident Lawsuit

Insurance companies and other vested parties might pay particular attention to your personal behaviors and habits after you file a car accident lawsuit. Whether you are aware of them or not, blameless mistakes can affect your case.

If you sustained injuries in an auto accident, you might want to avoid engaging in the following activities listed below. A Riverside auto accident lawyer can address specific questions related to your case.

Mistake #1: Not Acknowledging That Surveillance May Occur

The party you are suing may take it upon themselves to conduct surveillance of you during the course of your lawsuit. Ultimately, they are attempting to prove that your injuries are overstated or that you are somehow dishonest.

For example, the opposing legal team may ask if you went grocery shopping on particular days. Lying about trips to the grocery store that cameras caught you making is generally not good for the strength of your case.

Mistake #2: Discussing Your Case on Social Media

Defense attorneys and insurance adjusters are likely going to sift through your social media and web presence. They are looking for indicators that you are misstating your current physical and emotional state.

For example, it is challenging to claim pain and suffering when you are clearly enjoying life on Facebook. Your attorney can argue why that may be the case, but it makes it more difficult and expensive to pursue your claim.

Mistake #3: Signing a Settlement Agreement Without Legal Counsel

Avoid signing any settlement agreements until you speak with a licensed California car accident lawyer. He or she can consider the fine print, personal injury law, and the circumstances of your case to determine whether your offer is fair or not.

Mistake #4: Filing Your Claim After the Deadline

The State of California imposes a two-year time limit on filing personal injury claims. If you miss this critical deadline, you may not be eligible to file a lawsuit unless extreme preventative circumstances existed.

Mistake #5: Going Against Medical Advice

Follow through on all of your doctor’s medical advice. While some days may be bitterly painful, you cannot miss an appointment without first making arrangements to reschedule. Even then, you do not want the opposing party to discover that you reschedule appointments regularly. The implication of not following medical advice is that you may further injure yourself.

Work With a Riverside Auto Accident Lawyer

While the above information is helpful, only an attorney can apply legal advice to your potential or pending case. He or she can work with you, your insurance company, and doctors to devise a strategy that aims to recover the maximum award amounts possible.

At Deldar Legal, our car accident lawyers in Riverside, CA work tirelessly to ensure that you achieve the best possible outcome regarding your case. You can schedule a no-obligation consultation in one of our offices conveniently located throughout California by phone at (844) 335-3271 or by sending us a note about your situation through our request form.

The post Riverside Auto Accident Lawyer; Why You Need One appeared first on Deldar Legal.

How to Prove Your Slip and Fall Case in California Think about how much time you spend on someone else’s property. If you are like most people, you likely spend ... The post Irvine Slip and Fall Lawyer; Why You Need One appeared first on Deldar...

How to Prove Your Slip and Fall Case in California

Think about how much time you spend on someone else’s property. If you are like most people, you likely spend the majority of time away from home in uncertain conditions. Most properties are safe to visit, but you can never be too sure about a property that does not belong to you.

This reality opens you up to the risk of slipping and falling. A subsequent claim after a slip and fall accident is a subsection of law known as premises liability. If you sustained injuries on someone else’s property, you might want to discuss your case with a slip and fall lawyer in Irvine, CA to determine your rights.

Here is a little more information you may find helpful as you initiate your claim:

What Causes Slip and Fall Accidents?

Slip and fall accidents trigger many premises liability claims. While the name sounds a bit comedic, these types of accidents are no laughing matter. People have been seriously injured, disfigured, or had their lives taken away prematurely at the hands of premises liability.

Common causes of slip and fall accidents include:

• Unsafe staircases
• Build-up of ice or snow
• Oily or wet floors
• Exposed cords in walkways
• Unsecured rugs or carpets
• Loose or broken pathways of any kind
• Uncontrolled building security

The list of above tells you just how dangerous and how common these accidents can be. Premises liability law seeks to protect negligently injured people after a slip and fall accident that caused physical and financial harm.

Elements Required for a Slip and Fall Lawsuit

Injuries can occur anywhere and at any time of the day. If you believe that your slip and fall accident was caused by negligence on the part of another, you have legal options. However, you must first show that your claim meets the elements of a premises liability lawsuit.

Let us examine a few of these conditions below:

Showing Negligence on Behalf of the Property Owner

In premises liability cases, the plaintiff needs to prove that there was a hazard on the premises and that the owner did nothing about it. This means that there was a risk and the homeowner knew about it and did nothing to fix it or warn others of its presence, which resulted in an injury caused by the owner’s negligence.

Proving those elements mean you may have a successful and valid claim in court.

Hiring a Irvine Slip and Fall Lawyer

You may want to hire an attorney to help you maximize the outcome of your case. Your premises liability lawyer will become your most fierce advocate throughout the process and ensure that your rights to compensation for your injuries are protected.

Consider Working With Deldar Legal

At Deldar Legal, our slip and fall accident lawyers in Irvine, CA work tirelessly to ensure that you achieve the best possible outcome regarding your case. You can schedule a no-obligation consultation in one of our offices conveniently located throughout California by phone at (844) 335-3271 or by sending us a note about your situation through our request form.

The post Irvine Slip and Fall Lawyer; Why You Need One appeared first on Deldar Legal.

Was Your Child Injured at School? Many types of serious, injury-causing accidents can occur at school. Playground accidents, slip and fall accidents, , auto accidents in the surrounding school zone, ... The post Los Angeles School Injury; Do You Need A Lawyer? appeared first on Deldar...

Was Your Child Injured at School?

Many types of serious, injury-causing accidents can occur at school. Playground accidents, slip and fall accidents, , auto accidents in the surrounding school zone, field trip accidents, sports injuries, and those caused by negligent supervision are just some of types of accidents can all trigger your child’s legal right to compensation. Call Deldar Legal at (844) 335-3271. Our Los Angeles school injury attorneys have represented personal injury victims across Southern California. We can help you enforce your child’s legal right to compensation for any type of injury that occurred at school.

Government Immunity

It is important to understand who may be sued for an injury that occurs at school. Governmental immunity laws can prevent public government entities (such as school districts) from being sued for negligence. However, Section 820(a) of the California Government Code provides that public employees (such as school teachers and staff) are liable for causing injuries to the same extent as a private person. These two provisions can cause conflict in litigation. A school district might argue that it is protected by governmental immunity, while the victim’s attorney must argue that the district is still liable for the negligence of its employees. These are complicated legal issues that can affect your child’s legal rights. It is important to consult with a San Jose school accident lawyer about your child’s right to compensation.

There are also many school accidents that involve third parties (such as a driver in the parking lot, or the manufacturer of defective playground equipment). These defendants are not government entities, and will not be protected by government immunity. Private schools are also not protected by government immunity laws.

Negligent Supervision

School employees have a legal duty to supervise students. Negligent supervision of students could lead to liability – or even a finding of gross negligence. This is particularly true when students have access to dangerous equipment or machinery. Chemistry labs, wood shops, and driver’s education vehicles can all be highly dangerous to children. Sports equipment can also cause serious injuries. A teacher or coach who leaves students unsupervised around this dangerous equipment could be found grossly negligent.

School staff members also have a legal duty to supervise children’s behavior. If an unruly child is not properly disciplined, and later causes injury to another student, this could lead a jury to find that the teacher was negligent. The duty to supervise can be heightened based upon a student’s needs. A 2003 case found that school staff had a heightened duty to supervise a special education student. (In this case, the failure to do so led to a brutal sexual assault which caused devastating injuries to a vulnerable special education student.) This and other case law have made it clear: California teachers have a duty to supervise students carefully.

Products Liability

Some school accidents are caused by defective equipment or products. Manufacturers of all consumer goods are held to standards of strict liability. This makes it easier for parents to sue the manufacturer of defective playground equipment, sports equipment, desks, and other products that could injure a student.

School Zone Auto Accidents

School zones are hectic. There is lots of activity, many drivers, and children crossing the road in unexpected places. Drivers must be especially cautious when driving in a school zone. (This is why the speed limit is lowered near schools.) If a driver fails to do so, he or she has a legal obligation to compensate accident victims for their injuries. Bus drivers and other school employees can also be liable for causing auto accidents.

Premises Liability

Slip and fall accidents can occur almost anywhere – even at school. Because school employees can be liable for injuries, they can be liable for causing a slip and fall. There are many conditions that could cause a child to slip and fall at school. Roof leaks, mopped floors, food spills in the cafeteria, spilled paint in the art room, and many other conditions could all lead to a slip and fall injury. When staff members cause these dangerous conditions, it may be possible to hold their employer liable for any injuries caused.

Negligent Hiring and Supervision of District Employees

In California, employers are vicariously liable for negligence committed by their employees. This extends only to actions taken in the “course and scope” of employment. Intentional misdeeds – such as physical assault, sexual assault, and other crimes – are outside the scope of the employee’s duties. In such cases, the employer is not vicariously liable for the crimes committed by its employees. However: an employer can be directly liable for its own negligence in hiring or supervising employees. In the case of a crime committed by a teacher, the victim could prove that the district was negligent in hiring the teacher or supervising his or her activities at school.

Off-Campus Injuries

Different rules of liability apply for injuries that occur off-campus. In general, a school district is not liable for injuries sustained on a field trip, though there may be certain circumstances in which a parent could successfully pursue a personal injury claim. By contrast, a school district is generally liable for injuries sustained at a school-sponsored activity at which attendance credit may be given. Education Code section 44808 allows for liability where the “… district, board, or person has undertaken to provide transportation for such pupil to and from the school premises, has undertaken a school-sponsored activity off the premises of such school, has otherwise specifically assumed such responsibility or liability or has failed to exercise reasonable care under the circumstances.”

Call Us Today to Schedule a Free Case Evaluation with a Los Angeles School Injury Attorney

An accident involving a school can present many complicated legal issues. It is important for parents to consult with an attorney as soon as possible after any school accident in order to best protect their families’ legal rights. The experienced Los Angeles school injury attorneys at Deldar Legal have helped many parents protect their children’s legal rights. Call (844) 335-3271 or contact us online today to schedule your free consultation.

The post Los Angeles School Injury; Do You Need A Lawyer? appeared first on Deldar Legal.

What to do After a Car Accident in Los Angeles, CA Car accident injury victims commonly feel overwhelmed in the moments following a crash. The process of recovery in the ... The post LA Car Accident Lawyer; Why You Need One appeared first on Deldar...

What to do After a Car Accident in Los Angeles, CA

Car accident injury victims commonly feel overwhelmed in the moments following a crash. The process of recovery in the days and weeks that follow can be equally challenging. There are many steps to take after a Los Angeles car accident to ensure that you get the medical treatment you need and that you set yourself up for success if you choose to pursue compensation from the party at fault for your injuries through a personal injury claim. You may want to discuss the details of your accident with a licensed LA car accident lawyer to ease the immense burden.

The following are a few, actionable steps you can take following your accident:

Take Care of Your Health First

Getting medical treatment after a car accident is vitally crucial to your health. Even if you feel fine after the crash, go see your doctor anyway. Many injuries will not show up right away due to the adrenaline pumping through your veins at the accident scene. Doctors have knowledge of commonly overlooked injuries that could flare up days or weeks down the line. Follow their medical advice carefully as your adherence to these guidelines may come into question should you choose to file a lawsuit later on.

Document the Damage to Your Vehicle

If you are physically able to, snap some photos of the damage done to your vehicle at the scene of the accident. Also take some photographs of the surrounding conditions. Once the cars have been moved and the scene cleaned up, that photo evidence will be necessary in proving who was responsible for your accident.

Anyone who has ever had to commute by foot, bike, or bus will tell you that it is no picnic. This concept is especially true if you are in physical pain. Visit the location where you had your vehicle towed or speak with your mechanic. They should be able to provide you with an estimate that can be submitted to insurance quickly. Speak to your lawyer before speaking with your insurance company or having your vehicle repaired, though, to make sure you preserve all necessary evidence.

Keep a Personal Accident File

Instead of sifting through the mail, paperwork, and other items to find what you need, keep a personal accident file instead. For type A personalities, this part is fun. For the rest of you, maintaining a file folder works excellent. From there, you can track all documents that pertain to your accident. Write down everything you can remember about the accident as soon as you can after it occurs. Keep this in your file, as well, along with your medical bills, daily pain logs, etc.

Find Resolve and Move Forward

By this point, you have likely resolved the urgent matters surrounding your accident. Now it is time to begin filing an insurance claim. If that avenue proves to be unsatisfactory, you may have to file a personal injury lawsuit if someone’s negligence caused the accident that led to your injuries.

Talk to an LA Car Accident Lawyer

Often, motorists are left wondering if they have a personal injury case. If you are injured, feeling pain, or diagnosed with a condition related to the accident, then you should probably discuss the circumstances with an experienced personal injury attorney. He or she will be able to help you assess if you have a valid claim.

Schedule a Free Consultation with Deldar Legal

At Deldar Legal, our team of LA car accident lawyers work tirelessly to ensure you achieve the best possible outcome regarding your case. You can schedule a no-obligation consultation in one of our offices conveniently located throughout California by phone at (844) 335-3271 or by sending us a note about your situation through our request form.

The post LA Car Accident Lawyer; Why You Need One appeared first on Deldar Legal.

Your Rights in California After a Car Accident California is the home to some of the nation’s busiest highways. With many tourists, industrial vehicles, and local commuters on the roads, ... The post California Car Accident: What Are Your Rights? appeared first on Deldar...

Your Rights in California After a Car Accident

California is the home to some of the nation’s busiest highways. With many tourists, industrial vehicles, and local commuters on the roads, highways can get relatively congested. For this reason, traffic congestion and automobile accidents happen all the time.

An accident can leave victims with debilitating injuries, substantial monetary expenses, and significant mental anguish. If you sustained injuries during a car accident, consider discussing your legal options with a car accident lawyer in Southern California.

You may be able to recuperate your losses through a personal injury lawsuit against the negligent driver in the California court system. Let us look at common causes of car accidents in California first:

Causes of Car Accidents in California

From speeding to texting behind the wheel, irresponsible motorists put all of us at risk. The most common causes of car accidents in California include:

Driving Under the Influence

There are more than one million drivers suspected of driving under the influence (DUI) every year. They are directly responsible for more than 300,000 injuries and about 10,000 accident casualties annually. DUI is an act of gross negligence and criminal misconduct that leaves the intoxicated driver liable for your injuries and damages.

Driving While Distracted

Cell phone use while driving is prohibited in California. The state permits talking on a cell phone using a ‘hands-free’ device, but drivers cannot send text messages at any time. The state does not permit minor drivers to use their cell phones whatsoever when behind the wheel.

Speeding

Speeding is another type of negligent driving that triggers some of the most devastating crashes. Injuries caused by someone who showed blatant disregard for the law altogether, can be extremely upsetting for the injured person.

What are My Rights After a Car Accident in California?

The objective of any insurance adjuster will be to lessen his or her financial burden to you. After receiving medical attention, you may want to speak with a personal injury law firm for assistance. Until then, take the following steps to preserve the facts of your case:

• Do not agree to any settlements. An attorney can review any offers receive and provide advice as to whether or not it seems fair.
• Never accept medical guidance from the insurance company. Visit with your doctor for an accurate assessment of your injuries.
• Do not allow the insurance adjuster to record any personal statements. They can later use these statements against you to dismiss your case or reduce damages.
• Never give the auto insurance company access to your private medical history. They might try to blame your “pre-existing conditions” on the accident you did not even cause.

Schedule a Free Consultation with a Car Accident Lawyer in Southern California

At Deldar Legal, our team of California car accident lawyers work tirelessly to ensure you achieve the best possible outcome regarding your case. You can schedule a no-obligation consultation in one of our offices conveniently located throughout California by phone at (844) 335-3271 or by sending us a note about your situation through our request form.

The post California Car Accident: What Are Your Rights? appeared first on Deldar Legal.

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