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On November 29, 2021, at approximately 10:18 a.m., a bicyclist was struck and killed by a vehicle on Bascom Avenue near the Interstate 880 on- and off-ramp. The force of the collision was so severe the bicyclist was pronounced dead at the scene. The driver of the vehicle exhibited no obvious signs of impairment and is said to be cooperating with the police.
Bicycle versus automobile accidents are a common occurrence in the Bay Area. Sadly, in most instances, no matter who is determined to be “at fault,” the bicyclist is usually the party that ends up suffering significant, and often fatal, injuries.
If you or a loved one has been injured as a result of a bicycle versus automobile accident, contact the attorneys at Burneikis Law for a free consultation.
In our recent post about the most dangerous intersections in Oakland, we cited the alarming reality that, “[a]ccording to the National Highway Traffic Safety Administration (NHTSA), around 40% of all car accidents occur at intersections, accounting for both automobiles as well as bicycle and pedestrian accidents.”
While California’s Vehicle Code, “CHAPTER 5 Pedestrians’ Rights and Duties 21950” states, “[t]he driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection,” it also reminds us that, “[t]his section does not relieve a pedestrian from the duty of using due care for his or her safety.”
Observing these seven pedestrian safety tips can go a long way towards preventing involvement in an accident. That said, adhering to these safety reminders also serves as your defense if you have to hire a personal injury lawyer to support your claim in court.
“Look both ways before crossing the street” is one of the first things children learn when they begin to gain more freedom outside their homes. The concept is also written into CA Traffic Codes:
No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard.
While it is true that a pedestrian has the right-of-way, even the most careful and observant driver requires time to perceive a pedestrian that is going to step into the roadway and to react in time to bring their vehicle safely to a stop. If a pedestrian walks out in front of a moving car, the driver may not have enough time to perceive and react to the pedestrian, and bring their vehicle to a stop in time to avoid an accident. In this situation, not only will the pedestrian risk suffering an injury, but the pedestrian will likely be found to be at-fault for stepping into the roadway when a vehicle was close enough to be a hazard. It is for this reason that pedestrians have a duty to stop, pause and look all-around before stepping off a curb or into a roadway.
Did you know that California has strict laws about window tinting for windshields and driver’s side windows? This is because safety officials understand how important it is for drivers to make eye contact - especially when meeting at intersections.
The same is true for pedestrians. By paying attention to drivers and looking for their eye contact, a pedestrian will have a better idea of whether or not a driver actually sees them. If you suspect a driver does not see you, or if you see that the driver is looking in the opposite direction, a pedestrian must assume the driver either cannot or has not seen them. In this situation, the pedestrian should wait to cross the roadway until the vehicle has passed. It takes a few seconds to wait for a vehicle to pass by, which is time well spent when considering the potential consequences of an accident.
Forgo the temptation to “save time” or “take a shortcut” by crossing before you get to the crosswalk or cutting the crosswalk short. Pedestrians who do so have a hard time obtaining any damages or reimbursement for car or bike-related injuries if there is evidence they did not use the crosswalk from start to finish.
Similarly, while the crosswalk is a form of “protection,” it’s essential that you always use any available buttons and only cross when the “walk sign” is flashing and nowhere near the final countdown numbers.
If there are not any crosswalks, wait to cross at corners, intersections, stop lights or stop signs. These are all locations where drivers are more likely to slow down and pay closer attention to their surroundings.
Finally, even if you are crossing on a green light and within a marked pedestrian crosswalk, do not assume a driver is going to see you and stop. Keep looking in all directions as you cross the street. While it seems inconceivable, very often, drivers simply do not see pedestrians, even when pedestrians are mid-way through an intersection. Be alert at all times and keep a lookout. Doing so could save your life.
All over the Bay Area, we notice teens and adults walking while texting. This is an incredibly dangerous activity. Just as texting is a leading cause of distracted driving-related incidents, texting while walking is also a leading cause of pedestrian-related accidents because it causes pedestrians to:
Pedestrians looking at their phones are more prone to personal injury due to walking into signs, buildings or stepping into clearly marked holes/trenches. Sadly, women and children on their phones are also more vulnerable to injury because they become a target for predators who take advantage of their distractions and sneak up on them.
If you are walking, please keep your phone safely tucked away (or use it only to listen to your favorite music or podcast) and save screen viewing for when you arrive safely at your destination.
If you are walking along a major roadway or heavily trafficked street, it is always best to walk facing oncoming traffic. This is the opposite law from biking, where bikes have to observe the same traffic laws as vehicles.
You have a better chance of moving out of the way if a car is swerving, drifting or begins heading towards if you can see it coming.
If there are sidewalks available, use them. The curb serves as an added protection or buffer between you and moving vehicles. If they are not available, walk facing oncoming traffic as far to the left as possible to maximize the distance between you and passing vehicles.
Never run or dart into traffic. Your rights are not protected if you disregard safety and traffic laws. In worst-case scenarios, you may even find that doing so makes you a defendant in a personal injury lawsuit because your reckless actions could lead to an accident that causes harm to others.
Also, never assume you can outpace an oncoming car and run across the street. You just never know, and any random event - like tripping and falling - can cause a major injury or fatality.
Were you or someone you love recently involved in an accident while observing these pedestrian safety 101 guidelines? Schedule a consultation with Burneikis Law. We work diligently to get victims of personal injuries the compensation settlements they deserve without stressful and unnecessary courtroom drama. Call Burneikis Law for a free consultation at (510) 328-3238.
During your personal injury legal consultations, trial or settlement procedures, you will be exposed to certain “legalese.” These words and phrases are used regularly by personal injury attorneys and the courts, but can feel like a second language to clients without a legal background.
While you always want to search for a lawyer who explains things to you as clearly as possible, it is helpful to have a basic understanding of common legalese.
The more you familiarize yourself with some of the most common personal injury legal terms, the easier time you will have when reading and signing documents, and being engaged in trial proceedings or settlement negotiations. Below, we have focused on terms that are routinely used in the legal world, but are not regularly used in everyday speech.
This short glossary will get you started. For a complete legal terminology resource, visit the American Bar Association website.
Accident report. Accident reports serve as important pieces of evidence in a personal injury case. They are often the first, detailed report taken immediately after the injury or accident occurred, typically by a safety manager, a police officer, hospital personnel, or some other authority figure.
Act of God. Acts of God refer to acts of nature or events/calamities that were completely out of human control, and that could not be prevented with proactive precautions. Examples include things like fires, floods and storm damage.
Alternative dispute resolution. To avoid the stress and/or costliness of a trial, legal professionals may use “alternative dispute resolutions” to attempt to resolve the case. Examples of types of alternative dispute resolution procedures include mediation, arbitration and early settlement conferences.
Attorney-client privilege. The attorney-client privilege refers to the confidentiality that exists between a client and his/her attorney. The attorney cannot share any information learned from the client if the information was divulged within the boundaries of a professional relationship. Read our post, At What Point Does Attorney-Client Privilege Begin to learn more about this privilege and its exceptions.
Bad faith claim. An assertion filed by a client against their insurance company when the insurance carrier refuses to honor their policy terms, thereby unnecessarily drawing out reimbursement/payment, or when the carrier denies a claim that was within the parameters of the policy.
Burden of proof. If you are the plaintiff in a personal injury case, it is your responsibility (typically via your lawyer) to prove that the defendant caused the injury and that you sustained an injury as a result of the defendant’s conduct.
Complaint. The complaint is the first official document filed with the court to get a personal injury case started. The complaint describes the alleged wrongdoing of the defendant and outlines the plaintiff’s resulting injuries.
Contingency fee. A fee charged by a lawyer, but only paid if the lawyer obtains a recovery, via settlement, award or judgment, on the plaintiff’s behalf. The payment of the attorney’s fee is contingent on the attorney obtaining a recovery on behalf of the client.
Contusion. This is a medical term used to describe a bruise or injured tissue where capillaries rupture underneath.
Damages. This is a broad term used to describe all of the damage a plaintiff has sustained or is otherwise entitled to claim, including economic damage, non-economic damage (a.k.a. pain and suffering), exemplary, punitive, etc.
Demand letter. This letter is sent from the plaintiff to the defendant, requesting a particular action and threatening legal action if demands are not met. This is often a first step taken before a complaint is filed with the courts.
Discovery. A process that unfolds as each side obtains evidence from one another. The discovery process usually includes depositions, interrogatories, requests for records or documents, requests for admissions, interviews, medical examinations, etc.
Duty of care. The requirement that a person acts toward others and the public with the same watchfulness, attention, caution, and prudence that a reasonable person would use under similar circumstances. Failure to honor your duty of care can result in being a defendant in a personal injury lawsuit.
Excess judgment. An amount of money paid to the plaintiff above and beyond an insurance claim’s maximum payout, typically awarded by a judge to make an impact on an insurance company accused of acting in bad faith.
Exhaustion of benefits. The running out of assistances payable to a party; all money allocated has been depleted.
First-party claims. These are claims made against your own insurance carrier rather than against another party’s insurance carrier. A common example is an uninsured or underinsured motorist claim.
Good faith. The honest intent to fulfill a promise or obligation, or to take a particular action, etc., without the intention to take advantage of another party.
HIPAA (Health Insurance Portability and Accountability) Act. A law enacted to protect the confidentiality of a person’s medical records and healthcare choices. HIPAA requires that a person give written permission before their medical records are shared with another party.
Income replacement benefits (IRBs) (a.k.a. past and future wage loss). Damages paid to the plaintiff to make up for short or long-term income loss as the result of the injury or accident - including car accidents involving negligence.
Interrogatories. A set or series of written questions sent to an opposing party. These are most often used in the discovery phase of a case.
Judgment. The final decision in a criminal, personal injury or civil case that resolves all the issues.
Known loss rule. A rule stating that one may not obtain insurance coverage for a loss that has already occurred and which was known to the insured. The rule prevents individuals from buying insurance to cover something that is already damaged, lost or otherwise in need of coverage.
Letter of protection. If you are injured and cannot pay for medical treatment, your lawyer may offer your healthcare provider a letter of protection, which guarantees the medical bills will be paid when the lawsuit or settlement is complete.
Limitation of risk. The cap on the total amount an insurer is required to pay in any single loss event.
Maximum Medical Improvement (MMI). This is the maximum level of recovery a patient (victim) will reach, despite receiving additional treatment or therapies. Once a patient reaches MMI, s/he is assessed for permanent disability.
Mediation. Using outside support with a neutral third party to settle a dispute or come to an agreement without the energetic and financial strains of going to trial.
Notary Public. A person who has been authorized by a state to administer oaths or certify documents.
Notice to Company/Insurer. A letter written to the insurer explaining the incident that occurred and upon which your claim is based.
Out-of-Court Settlement. A resolution that is reached without using the court system, i.e., via direct negotiations, or through mediation or arbitration.
Pecuniary damages. A term referencing the total financial or economic losses (income, medical expenses, lost wages, retirement benefits, etc.) resulting from the accident, event or injury.
Personal injury protection (PIP). Personal injury protection (PIP), also known as “no-fault insurance,” is a component of an automobile insurance plan that covers the healthcare expenses and lost wages associated with a car accident. PIP covers these expenses for both injured policyholders and passengers, even if there is no independent health insurance available. This is similar to medical payments protection, which covers medical care costs only.
Premises liability. The legal principles holding landowners and managers responsible when someone is injured on property they own or control due to the existence of a dangerous condition (outside of acts of God). These are typically connected to some type of negligence.
Stacking coverages. When insurance benefits from different policies or policy terms are combined.
Statute of limitations. The amount of time a victim/plaintiff has to file their claim in court after an event occurred. These limitations vary according to the crime or event. In the event of a car accident, for example, the California statute of limitations is set at two years from the date of the injury (provided the person that caused the injury was not a government employee acting in the course and scope of their employment when the accident occurred; in such case, specific claims requirements must be met within a significantly truncated period).
Strict liability. Holding another party responsible as the result of negligence or wrongdoing with little to no exceptions.
Subrogation. When a party other than the responsible one pays the settlement or honors a claim with the expectation they will eventually be repaid by the responsible party. This happens frequently in insurance claims, e.g., your insurance carrier may pay to fix your vehicle, but they expect to be repaid by the defendant’s insurer at a later date.
Tort. A private or civil wrong that is not a crime, but still results in injury or damages. Personal injury cases make up the most common type of tort claim.
Trier of fact. Typically a jury or a judge. The trier of fact reviews all of the evidence in a case and makes a decision.
Voir dire (pronounced vwahr-deer). The jury selection process during which the attorneys ask potential jurors questions in order to learn about the jurors’ potential biases.
Are you considering moving forward with a personal injury claim? Schedule a consultation with Burneikis Law. We are down-to-earth attorneys who work hard for our clients. Our legal professionals and staff always ensure our clients understand our terminology, so you never feel left in the dark.
Like priests, physicians, and therapists, attorneys take an oath to protect the confidentiality of our clients. This protection is professionally termed the “attorney-client privilege.”
It’s essential to understand what attorney-client privilege is and when it begins before consulting or hiring an attorney. There are exceptions, and certain boundaries attorneys must uphold, so knowing these boundaries enables you to make conscientious decisions about what information you do and do not disclose.
If you are able to read and understand the American Bar or California Bar definitions and explanations of the attorney-client privilege, I recommend you apply for law school. However, to protect you from the convoluted legalese, our firm uses the user-friendly Nolo version instead:
The attorney-client privilege is a rule that preserves the confidentiality of communications between lawyers and clients. Under that rule, attorneys may not divulge their clients' secrets, nor may others force them to. The purpose of the privilege is to encourage clients to openly share information with their lawyers and to let lawyers provide effective representation.
The purpose of the privilege is sound, but it comes into play only when individuals communicate with an attorney in a professional capacity. In other words, there are situations worth noting before divulging all of the information you have about a case if you don’t want to risk confidentiality.
There are general rules about when this privilege begins. Generally, the privilege is triggered:
Whenever you schedule a consultation with a lawyer, you can rest assured the attorney-client privilege is enacted. We know you are hiring us as professionals and we make it known that everything you share with us is confidential.
Similarly, suppose you email our office about a potential case and you share details about the incident or your injuries. In that case, we are obligated to honor the confidentiality of the communication because your written communication was sent to our law firm in a professional capacity.
If, however, you meet someone at a party or in the elevator and you learn they are attorneys, you cannot just share all of the information or queries you have and expect attorney-client privilege to be triggered. Instead, you need to ask the attorney first whether or not the communication will remain confidential. Alternatively, you should specify that you are sharing sensitive information and get a verbal confirmation the information will not be shared or disclosed. Otherwise, the attorney may be obligated to share some or all of what you said with the authorities or other relevant parties. Failure to confirm the confidentiality of the communication at the outset could compromise your case.
If you are concerned about the confidentiality of information shared, ask the attorney or prospective attorney directly. It is better to have peace of mind that you are protected than suffer the anxiety experienced by over-sharing.
In general, everything you share with an attorney in a professional capacity, whether during a consultation or after hiring the attorney, is kept confidential. However, there are exceptions to these general rules, including in the following situations:
Sometimes, depending on the need, clients waive their right to confidentiality and willingly share information they have with others to support their case.
If you die, your attorney may have to disclose all or some of their files or testify in court if any prospective information from you has relevance to a current case or situation. This happens most often in the course of estate or probate cases, or in cases where our clients’ heirs or other related parties require information to navigate their legal affairs.
Lawyers working for corporations may have to break confidentiality with their direct clients if the courts order them to do so due to the corporation’s shareholders’ requests or needs.
If you’ve ever had therapy, you know that therapists protect your confidentiality unless you state or imply you plan to hurt yourself, hurt someone else, or if the abuse of a child or elder is at stake. Lawyers have similar obligations. If a client expresses intentions to harm themselves or to commit a crime against another - or to further the crime in question - we are obligated to report it. Also, if the lawyer suspects you have hired them purely to “confess” or share information about crime or fraud to intentionally protect the information, we must report such to the proper authorities.
If two or more parties have separate attorneys but are allied in a common interest, there are scenarios where information is shared or certain conversations may be privy to others.
You may remember the American Patriot Act that was ordered by the U.S. Congress in the wake of 9/11. This act and the ensuing rules “...authorizes the Attorney General to order the [Bureau of Prisons] Director to monitor or review communications between inmates and lawyers for the purpose of deterring future acts that could result in death or serious bodily injury to persons or property…” and there only need to be certain suspicions in place for the rule to be enacted.
Your attorney will let you know if they suspect the information you share might fall within one of the exceptions to the attorney-client privilege.
Are you interested in scheduling a confidential consultation with a Bay Area personal injury and accident lawyer? Contact Burneikis Law.
A simple Google search is proof that personal injury attorneys abound. So what is the secret to finding the lawyer who has your best interests at heart? The following tips will help increase your chances for a successful outcome.
Word-of-mouth is still the most powerful marketing tool around. Ask friends and family if they know of an experienced personal injury lawyer who gets results. Even if the people you speak to have never been involved in a personal injury lawsuit, odds are they know someone who has and will have a referral for you.
Vetting lawyers through people you trust is invaluable compared with choosing a random lawyer or two online and hoping for the best.
Do you have a lawyer in your close family or group of friends? Have you used a firm you trusted in the past? Does your company have an attorney they trust? While each of us has our own niches, attorneys do quite a bit of networking with each other. If you know a trustworthy lawyer, odds are s/he can refer you to a quality personal injury law firm, which is a top-notch referral from a fellow industry professional.
Peer ratings tell you quite a bit about the lawyer’s track record and the kind of reputation they have from industry colleagues and professionals. Examples include:
Keep in mind that small practice lawyers may not have a rating yet or may not appear on peer-reviewed sites, which are more tailored for more prominent, corporate firms. That said, it’s always worth a check. No reviews are better than bad reviews.
There are several reputable third-party referral services you can use to find a personal injury lawyer. For example, Nolo.com provides a list of lawyer referrals, categorized by practice type (personal injury, family, estate planning, etc.), state, and county.
Local attorney associations also offer referral services. If you live here in the Bay Area, visit your county’s bar association, which is easy to find via your preferred search engine. Most county bar associations list their members online or have an online contact board to put you in touch with lawyers who match your needs. You can also call the individual county bar associations and ask them for referrals.
Never stop with a single referral, recommendation, or website visit. You’ll be forming a partnership with the lawyer, which involves sharing personal and often traumatic information about your personal injury case and the preceding accident or event. You need to choose a personal injury lawyer you feel comfortable with and trust, but s/he must also be experienced and have a recent, impeccable track record.
To continue searching for a personal injury lawyer, select the top three to five candidates and then use their free consultations to conduct interviews.
You’ll want to learn more about the personal injury attorney's training and experience. Here are some areas you should ask about:
Giving the attorney an opportunity to speak to their experience gives you a good idea of what kind of person they are. Then, after three to five interviews, you’ll have a better sense of who you trust and who makes you feel the most comfortable.
The media makes it look like most lawyers spend their days arguing in a courtroom, which is generally not the bulk of a personal injury attorney’s day-to-day practice. The best lawyers prefer to represent their clients well behind the scenes, obtain a settlement that honors their situation, and minimize the stress to their client that comes with the legal process as much as possible. That said, s/he should be willing to take your case to court if needed.
In either scenario, you’re looking for a personal injury firm that has an impressive success record. You should never choose a lawyer that is not willing to go the distance and take your case to trial if needed.
Are you currently searching for an attorney to represent your personal injury lawsuit? Reach out to Burneikis Law and schedule a free, no-obligation consultation. We specialize in personal injury lawsuits and focus on supporting our clients through both the psychological and practical issues that follow a traumatic injury or accident.
Personal injury lawsuits often depend on proving a single factor: negligence. In a personal injury lawsuit, negligence is determined based on whether or not an injury was the result of someone else failing to abide by their “duty of care.” This duty of care varies from situation to situation.
In the case of an automobile accident, negligence may be the result of a driver texting while driving or otherwise not paying adequate attention. In the workplace, an employer’s negligence is often the result of poorly maintained equipment or a failure to provide or maintain proper safety gear. As a landlord or a building owner, negligence could arise out of a failure to maintain property, resulting in a fallen tree branch or a cracked walkway that leads to an injury.
Here are 8 tips to prevent you, or your business, from be named as a defendant in a personal injury lawsuit.
Car accidents are the most common type of incident resulting in a personal injury lawsuit. Following basic traffic safety laws is one of the best ways to avoid being named as a defendant in a personal injury lawsuit. If a car accident occurs, but there is no evidence that you broke the law or otherwise were not paying attention, the chances of you being sued are greatly reduced.
Texting while driving makes you 23 times more likely to be involved in a car accident and, as SFWeekly reports, texting while driving is also responsible for a notable increase in bicycle accident-related injuries and fatalities.
As a business owner, you have an obligation to maintain the building and its premises, and to keep the property free of known hazards or potential safety issues. If an employee, customer, or someone passing by is injured on or inside a place of business, and the cause of the injury was the result of a maintenance oversight, the business owner may be liable.
This includes things such as:
In most of these types of personal injury cases, the owner of the building or business may not have been intentionally negligent, but their failure to properly maintain and/or repair the property will cost them just the same.
We referenced some common causes of slip-and-falls above in #2. However, since slip-and-fall accidents are one of the most common types of personal injury claims due to negligence, they deserve a special mention. Do your utmost to prevent slip-and-fall accidents and always provide clear, bright, and legible warnings or signage until the issue is addressed.
Business owners and employers must maintain all commercial machinery, fleets, and tools as per the manufacturer’s instructions. For example, if a long-haul trucker is involved in an accident as the result of faulty brakes, an employer’s maintenance of such will be called into question.
Providing proof that your commercial equipment, machinery, auto/truck fleet, etc., have been maintained as per the manufacturers’ instructions is often all you need to remove “negligence” from the charges.
If you are a physician or healthcare practitioner, you must follow medical protocol to the letter. Even with the most friendly and familiar of patients, failure to honor medical protocol for your particular healthcare niche, practice or office can put you at the center of a medical malpractice suit that is based on professional negligence.
All medical professionals, from physicians to nurses, aides, and the rest of the practice’s staff, must practice within the applicable “medical standard of care,” so there are not any loopholes available for the plaintiff’s lawyers to grab onto in a medical malpractice suit.
It’s true that recalling items feels like a nightmare, yet it is essential to maintain your reputation as a brand with honesty and integrity. The ultimate goal is to use quality products or ingredients that are defect-free by using effective quality control practices. The minute a potential defect or issue is identified, take instant action and the necessary recourse to right any wrongs.
The public, and the courts, are typically forgiving when you have done your very best and have not squandered time or money trying to skirt quality issues or hide potential defects.
There is nothing worse than finding out you are at the center of a personal injury lawsuit and are being held “negligent” after a friend, guest, or uninvited visitor was injured inside your home or on the exterior of your property. Unfortunately, these types of personal injury lawsuits are all too common.
Your homeowner's insurance carrier representatives are happy to walk through some of their most common and potential “negligence-based” personal injury lawsuits and will provide information on how to avoid them. Some of the most common ways you can protect yourself include pruning trees on your property that have branches that extend beyond the property line or could snap off and injure someone. Also, slip-and-falls on wet or icy walkways, stairs, or the driveway are often the cause of in-home injuries. Be sure to provide warnings about obvious potential hazards to all who enter your home.
While dog bites fall into the above category, #7, these types of injuries are common, and often severe, enough to deserve a tip of their own. If you own a dog that is prone to biting, is shy, or is a breed or mixed-breed that is known to be more aggressive, take extra precaution.
All dog owners should have clearly posted “beware of dog” signs on gates and fences. Dogs do not always behave the same when their owners are not present or when they are in “protection mode.” Even the most gentle dogs can become aggressive if they feel threatened and an owner often cannot predict when that might happen. Clear signage warning invited and uninvited guests of the presence of a dog eliminate at least part of the blame.
Additionally, you should:
Here in California, any compensation for a dog-bite injury will be reduced by a percentage equal to the plaintiff’s share of fault. This holds true even if the plaintiff was mostly to blame, so your ability to provide a warning, safely contain your dog, and have adequate restraints will notably reduce your share of fault in a worst-case scenario.
Are you a victim of a personal injury due to the negligence of another person? If so, you need an experienced personal injury lawyer to support your claims process. Contact Burneikis Law. We are your trusted advocate when you need us most.
The state of California allows a two-year “grace period” for auto accident victims to file their claims. The effects of whiplash associated disorders is one of the most compelling reasons why that window remains open for so long.
Read How Much Time Do I Have After My Accident to File a Lawsuit, to learn more about that.
Accident victims who reported, “I’m fine…” or “everything feels okay,” at the scene of the accident often discover they suffered physical injuries or psychological trauma that did not manifest until weeks or months later.
Whiplash and its associated, long-term disorders are a prime example of the importance of consulting with an Oakland car accident attorney when you have been involved in an accident. Even if you initially choose not to pursue a case, the attorneys at Burneikis Law can hold your information in our files and pick up where we left off if you later discover you have suffered a whiplash associated disorder, which can come back to haunt you both in terms of the development of physical pain and in the form of escalating medical bills.
Whiplash and cervical spine injuries (injuries that occur in the neck area of the spinal column) are some of the most common car accident-related injuries.
If an accident is dramatic enough and the whiplash is severe, victims may feel the pain right away. However, in the moments following an accident, it is extremely common for accident victims to be flooded with adrenaline, which is a natural numbing agent for the body. As a result, victims often make statements like, “I’m okay…” or “I’m not hurt…,” because they do not yet feel the impact the accident has had on the body. Savvy insurance carriers take these words and use them against victims. This is one of the reasons it is important to have a skilled car accident attorney supporting the victim and their case.
The injuries that commonly occur in the neck and upper cervical spine to the mid-back level are the results of the stretching and then rapid compaction of tissues that occurs during and after an impact. The spine can experience incredible trauma as it endures the forceful movements resulting from the blow of a car striking another vehicle or object.
The most common of these neck/upper back injuries is called whiplash, which gets its name from the whipping forward and lashing back of the neck during the accident.
The Mayo Clinic describes symptoms of whiplash injuries as follows:
Some people also have:
It is imperative to always schedule an appointment with a doctor and an x-ray if you’ve been involved in a car accident, even if you do not immediately feel you have suffered an injury.
No matter how “fine” you feel, anyone who has been in a motor vehicle accident that involved a sudden impact should, at the very least, schedule an appointment with their general physician and get an x-ray within 24 to 48 hours of the crash.
These initial medical records and related documents can become very important later on if your whiplash symptoms evolve into whiplash associated disorders.
While whiplash may be the most immediate injury, the effects of an undiagnosed or poorly treated whiplash may not fade with time. Rather, the injuries affecting the spine, nerves, and surrounding connective tissues can develop into whiplash associated disorders.
According to the National Institute of Health (NIH):
Whiplash associated disorders (WADs) is the term given for the collection of symptoms affecting the neck that are triggered by an accident with an acceleration–deceleration mechanism such as a motor vehicle accident.
Examples of post-accident WAD include:
An X-ray and soft-tissue scan may also show cervical fractures, compressed spinal disks, displaced spinal disks or other WADs that were not caught during the initial medical appointments.
If you are experiencing WADs as a result of a car accident, we urge you to reach out to a Bay Area accident attorney.
Reaching out to an attorney does not mean you will be involved in a courtroom battle and receive millions of dollars - although that may happen if the case calls for it. Instead, the attorneys at Burneikis Law will handle the complicated negotiations with the insurance companies so you do not have to, in order to ensure that your medical bills are covered and that you are compensated for any previous, current, and future accident-related medical treatment and lost wages.
Accident attorneys are trained to think big picture and long term to ensure our clients are not paying out of pocket for a single accident-related expense.
If you or someone you love is experiencing post-accident-related symptoms of whiplash, whiplash associated disorders or other injuries or trauma, protect the claim by contacting an experienced car accident attorney.
Burneikis Law is here to listen to your story and support you through the insurance claims and settlement process, taking over the complicated stuff so you can get back to the business of healing. Sometimes, all it takes to resolve a claim with a stubborn auto insurance carrier is a polite, but firm letter from a reputable accident attorney.
Contact Burneikis Law to begin speaking to a trusted advocate today, (510) 328-3238.
Long haul truckers are at risk for a range of personal injury accidents related to their job. At the same time, automobile drivers are also in danger of sustaining personal injuries as the result of a truck driver’s (or their employer’s) negligence.
Even if you feel the accident was months ago, you may be surprised to learn that it may not be too late to file a claim depending on the circumstances.
If you are a long haul trucker, your lifestyle habits and adhering to available job education and training are your responsibility. However, your employer must ensure that your working environment and job demands comply with federal and state employer safety regulations. For example, a long haul trucking employer is responsible for limiting the number of hours the truck driver is on the road and making sure truck drivers have had sufficient periods of rest during and between hauls.
Individual automobile drivers are at risk of serious, or even fatal, injury if involved in an accident with a long-haul truck driver. A personal injury lawyer specializing in car accidents can review your case and see if you have a claim. Many of the same safety rules and regulations applicable to long haul employers can be used to support an individual’s claim directly against a truck driver.
If you feel you’ve sustained an injury as the result of long haul trucking, either as a truck driver or as an individual, contact an experienced local personal injury lawyer. At the very least, an experienced attorney will assist you through the insurance claims process to ensure you receive the medical help and financial compensation you are entitled to. If necessary, the attorneys at Burneikis Law will support you in order to hold the responsible parties accountable.
Here are seven of the most common personal injury claims pursued by our long haul trucking clients:
Tractor-trailer accidents are the most common cause of both personal injury, as well as fatality claims. The more time you spend on the road, the more likely you are to be involved in an accident. Pair that with the fact that most drivers do not respect basic road rules and common sense with respect to a tractor trailer's limitations, and it’s easy to see why it is not uncommon to be the innocent victim of a tractor-trailer accident caused by the fault of a motor vehicle driver.
The inherent physical strains of a truck driver's job, e.g., sitting for long periods, repetitive motion, lifting and moving, bending and squatting, using ramps/lifts, etc., make truck drivers prone to a variety of musculoskeletal disorders including injuries in the neck, upper shoulders, lower back and upper extremities.
While overexertion can be part of the problem, we often find it is a lack of proper employer-led training or safety equipment (back braces, well-maintained lifts or dollies, etc.) that increase the risk of MSDs.
Long haul truckers absolutely need to take precautions to avoid driving fatigue. While federal regulations warn against driving while fatigued, it’s a well-known fact that stringent schedules, unrealistic scheduling and pressure from employers can lead drivers to continue driving when they should be resting.
A truck driving accident attorney will know exactly what to look for and will read between the lines of your driving records and logs to determine if your schedule violated federal regulations.
If you drive a company truck, the company is required to ensure the truck is properly maintained. However, employers often fail in this regard. All too often, we support long haul truckers involved in accidents or lawsuits that were no fault of their own, but rather, were the result of poorly maintained brakes, steering components, safety lights, as well as inadequately maintained equipment (door lift mechanisms, forklifts, dollies, etc.).
Even if it is your stated responsibility to maintain your truck and/or equipment, you should be adequately educated and trained to do so.
Automobile drivers regularly do everything they can to blame truck drivers for an accident. Under-ride accidents - where a passenger vehicle becomes pinned underneath a larger semi-truck, 18-wheeler or tractor-trailer - are often the result of the automobile driver’s attempt to pass or change lanes without paying attention or taking the time to ensure there is a clear path to do so. These accidents are most likely to be fatal, or to result in a personal injury caused not just to the auto driver and passengers, but to the truck driver as well.
If your truck has been improperly loaded and/or secured, you are far more likely to be involved in a trucking accident. This could be the result of your company and fellow employees, and that includes cases where you loaded the truck against your better judgment in order to honor the demands placed on you by your employer’s pressure or unrealistic delivery schedules.
Often people think of drinking or drug use in cases of impaired driving. However, being ill or unwell often qualifies under the impaired driving category. Even if you are found to be at-fault in an impaired truck driving accident, extenuating circumstances may mean you are still entitled to partial or full compensation.
Are you a long haul trucker who has suffered a personal injury as the result of an accident or working conditions that were out of your control? Contact Burneikis Law to schedule a free consultation. Even though the accident may have happened months ago, you may be surprised to learn that it may not be too late to file a claim depending on the circumstances. We will go over your case and determine if we can help to facilitate your personal injury claim. Call Burneikis Law directly at our Oakland location to schedule a free case evaluation - 510-328-3238.
The dangers of being a bike courier in San Francisco shouldn’t prohibit anyone from pursuing a job full of freedom, physical exercise, and autonomy. That said, it is imperative that Bay Area bike couriers understand the risks associated with the job, as well as how to protect themselves.
Unfortunately, workplace safety is not a given for bike couriers in San Francisco and around the Bay Area. The reality is that bike couriers are incredibly vulnerable and the statistics prove there are risks inherent in the job.
Studies by the Local Agency Formation Commission of San Francisco show that as many as 20% of all deliveries in and around San Francisco are handled by bike couriers. According to sfgov.org, there were nearly 60 traffic fatalities in San Francisco between 2019 and 2020. The large majority of those were bicyclists and pedestrians.
Understanding the dangers associated with being a bike courier in the Bay Area will keep you safe.
Cyclists are exceptionally vulnerable if they are struck by a car or otherwise get into an accident. Wearing a high-quality helmet is a must. It is also recommended that cyclists consider wearing the same, exo-skeleton-like protective gear worn by dirt bikers and conservative motorcyclists. This includes equipment such as:
Companies like performancebike.com and trekbikes.com sell protective gear that goes the extra mile. If a cyclist is hired by a company as a courier, the expenses associated with more protective gear should be paid for you by your employer. If they are not, or if you are an independent contractor, speak to your tax professional, as these expenses may be deductible on your taxes.
In the aforementioned study conducted by the Local Agency Formation Commission of San Francisco, the researchers found that 89% of the bike couriers who responded to their survey cited cars parked in bike lanes and emergency lanes as one of their primary obstacles while maneuvering around town. Parking in the emergency or bike lane is illegal, which puts the driver of the parked car in a considerable position of liability if a cyclist is in an accident and/or injured as a result of a driver’s careless parking/stopping choice.
Wet, slippery, or poorly marked roads make some routes more dangerous than others. There are also several Bay Area intersections that are notoriously dangerous, which also pose a major risk to bike couriers whether they are riding or crossing on foot.
Topographical features also pose a major threat to unsuspecting bicycles, including things like potholes, ruts, large cracks, and off-kilter manhole covers. It is the city’s responsibility to keep our roads in safe driving, biking, and walking condition, which is why cyclists should always contact a bicycle accident lawyer when involved in an accident. You may be entitled to compensation for known dangerous road conditions that should have been repaired prior to the time of the accident.
The Bay Area is considered a biking hub of the United States and certainly for the State of California. Even so, drivers don’t seem to get the message. While the Bay Area and San Francisco work diligently to create wider and safer paths and routes for bikers and pedestrians, the reality is that these two populations are the most impacted when there is an accident.
Being as visible as possible is a part of your safety gear. Always wear bright and reflective gear and clothing. You can also purchase reflective safety tape to add to any darker or matte gear in your stash. Adding a bright, blinking light is also an excellent way to make yourself more visible as a cyclist. We recommend investing in lights that are powered kinetically, connecting to your wheels, to remove the risk of batteries that fail without you knowing it.
There is nothing worse than a door swinging open right in your path. This simple and unconscious gesture on the part of an occupant of a vehicle can lead to serious injury to a passing cyclist. This is especially true because bikers who are approaching a car door that suddenly swings open ends up thrusting the cyclist into the path of traffic. In other situations, the door swings open so fast that the biker doesn’t have time to avoid it and either crash into the door or is thrown over the door, leading to a potentially serious impact landing. Unsuspecting or not, it is the occupant of the car’s responsibility to look, either by using mirrors or by turning around, before opening his/her door.
This is one of a biker’s worst nightmares because there is almost no way to avoid an accident when a driver sideswipes you or pushes you off the road. As a cyclist, everything you do to make yourself more visible to drivers decreases your chances of being sideswiped, pushed off of the road, or out of the bike lane.
Cyclists are encouraged to remain in non-verbal communication with drivers by making eye contact, gesturing with your arms so they are more likely to see you at red lights or stop signs or to hang back and let cars pass you before pedaling at a green light or at a turn signal.
Visibility and protective gear are essential to minimize injury at the driveway or parking lot entrance/exit locations. The reality is that drivers are paying closer attention to passing cars than they are to bikers or walkers, so these areas are a major safety risk for bikers and pedestrians.
In our experience, the vast majority of biking accidents are caused by the fault of drivers and/or lack of governance around safe roadway maintenance.
If you are involved in an accident as a bike courier in and around the San Francisco Bay Area, Burneikis Law is on your side. We are here to serve as your information hub. We will evaluate to determine whether you have the right to pursue damages or a settlement. We will work with you to help create the changes necessary to make the roads a safer place for all. Contact us online or give us a call at 510-328-3238 for a free consultation.
This isn’t a surprise when you consider the many functions taking place in a single intersection - changing lights, a combination of stopped, yielding, and accelerating traffic, as well as the crossing of pedestrians and the presence of cyclists who are beholden to traffic laws and are supposed to act as if they are cars, despite their physical vulnerability.
Never hesitate to consult with an Oakland car accident attorney if you are involved in any type of car accident.
If you frequent any of the below Oakland intersections, we advise you to pay close attention. These are where you are most likely to be involved in an accident. While the county and city continue to do research and make these intersections safer, the statistics prove that they still pose significant safety risks for drivers, cyclists, and pedestrians.
The combination of speeding and distracted driving accounts for almost all of the accidents that take place at the most dangerous intersections in Oakland and the surrounding Bay Area.
In November 2019, the intersection at 22nd Ave and Foothill Blvd received significant press after a tragic hit-and-run that killed pedestrian Huang Truang and injured her four-year-old niece. This accident happened close on the heels of another hit-and-run accident that happened just a few blocks away, at 26th and Foothill, which killed six-year-old Angel Garcia Vasquez and his mother, Alma.
Authorities responded by installing “pedestrian islands,” large yellow islands and rubber bumpers that are surrounded by posts, that help to draw drivers’ attention to the pedestrian walkways and also prevent drivers from being able to cut corners. However, residents in the area who frequently witness accidents at these intersections remain wary.
Oakland’s 35th Avenue stretch is so notorious for its record numbers of accidents that Oakland received a $2.7 million federal grant back in 2019 to make safety improvements. This stretch of 35th Avenue has been deemed one of the city’s most dangerous corridors for pedestrians because of speeding cars that pay no regard for the residential neighborhoods along this road.
The accidents that occur along this portion of 35th Avenue are largely the result of rushed commuters who use 35th Avenue as a “pass-thru” between Interstates 880 and 580. Since Oakland received the federal grant, four people have been killed along that stretch while trying to cross the street. We value our readers’ safety and want to stress that all of us who use a car each day must equally value the lives and safety of our fellow drivers and pedestrians.
There aren’t any specific statistics about this particular intersection, but anecdotal (aka “life experience”) evidence make this intersection a hotspot of attention from the Walk Oakland Bike Oakland (WOBO) organization.
Part of the problem is that the 80-foot wide intersection at 40th and Telegraph only offers pedestrians a 15-second window to cross the street safely, which puts pedestrians at risk for injury caused by drivers who are turning right or left. Additionally, WOBO representatives are advocating for more and wider bike lanes to improve safety at this and other dangerous Oakland intersections.
Nearby Alameda residents are also highly concerned about the high numbers of unnecessary pedestrian and biking accidents resulting from dangerous intersections and speeding or distracted drivers. To this effort, the city of Alameda offered an online survey that was completed by more than 1400 residents answering questions about their experiences as drivers as well as pedestrians and bike riders in the area.
The result is a comprehensive map, outlining some of the community’s most dangerous intersections, including Pacific Avenue and Constitution Way, as well as Sherman Street and Buena Vista Avenue near Littlejohn Park, and the neighborhood around High Street and Fernside Boulevard near the High Street Bridge leading into Oakland.
Have you been involved in an accident or witnessed a hit-and-run at any of these most dangerous intersections in Oakland or around the Bay Area? Get in touch with us here at Burneikis Law and we’ll help you take the next steps to handle your insurance claim or to pursue legal action if necessary.
