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Legal Talk With Jeff Nerenberg - 5/18/22
May 19, 2022 • 51:16
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A driver may not see a bicyclist and hit them, or a bicycle accident can happen when space has not been left for both the rider and the motorist. Sharing the road can be difficult because bicycles are small and difficult to see. Bicyclists are often allowed to share the road with cars, but that does not make this arrangement safe.
In 2018, 854 bicyclists were killed, and about two percent of motor vehicle accidents involved bicycles. Bicyclists are often involved in accidents that could be prevented. Passenger car drivers need to look out for bicyclists. At the same time, bicyclists need to be aware of who is on the road. Rural roads or residential surface streets are often deemed safe because people walk on these streets and cars cannot drive very fast. Surface streets and rural roads can be very dangerous because there are often hills or sharp curves that can obscure bicyclists. Bicyclists are also encouraged to wear protective clothing, establish a regular riding or training pattern, and ride on familiar roads.
Motorcyclists are about 27 percent more likely to be killed in accidents than passengers in cars. A motorcycle does not have airbags or restraints. A motorcyclist can be hard to see, and motorcycles cannot make emergency turns as safely as cars can.
Motorcyclists are encouraged to slow down, wear a helmet, and avoid large trucks. Passenger car drivers also must be on the lookout for motorcycles because motorcycles might idle between cars that are stuck in traffic or use emergency lanes or the shoulders of the road to pass. Blind spot crashes are common, and that is why both car drivers and motorcyclists must be very careful.
Motorcyclists are most often injured or killed when they are not wearing a helmet, riding in heavy winds, or riding on bad roads. Motorcyclists might also be hit by passenger vehicles that do not see them. A lawyer can support anyone who has been hurt in a motorcycle accident through no fault of their own.
Accidents involving SEPTA trains and buses are not limited to passengers. Pedestrians and other drivers can be struck by SEPTA buses, or there may be an incident involving a SEPTA train. Many SEPTA accidents involve the lack of safety equipment and seat belts. When passengers are on buses and trains, they do not have anything that will keep them safe. SEPTA is exempt from certain personal injury or liability claims because of local laws. For help with a SEPTA claim, a victim should seek legal counsel.
In 2017, there were nearly 6000 pedestrian deaths in America. Pedestrians can be injured when they are crossing the street, when a vehicle rides on the sidewalk, or when they are involved in an accident that somehow reaches their position. It is recommended that pedestrians stay back from the curb, look both ways, and only cross when they have a traffic signal that allows for crossing.
Large trucks can cause accidents when drivers are distracted or speeding. Massive trucks are more dangerous than passenger vehicles, and they could be tipped over by heavy winds. Truck drivers should not drive in bad weather, and the brakes need to be checked before the driver gets behind the wheel.
Truck accidents can also be caused when the trailer has not been loaded properly. Passenger car drivers should also be aware of where large trucks are on the road. Cutting off a large truck will cause the driver to ride their brakes and potentially overheat them. Moreover, a large truck cannot make evasive maneuvers like most passenger cars. When passengers and drivers are involved in accidents with large trucks, they can file a claim against the driver, the trucking company, the leasing company, or the manufacturer.
How are Medical Malpractice Cases Litigated?
Medical malpractice can be complicated because many patients might feel like the doctor has not figured out the health problem, but medical malpractice might actually be at play. Patients need to note any time a doctor or other medical professional does not listen to them.
Prescription errors are common because doctors or medical professionals might prescribe a medication that is not appropriate for the situation. A doctor might have offered the wrong medication, or a facility or pharmacist might have dispensed the medication improperly.
Birth injuries can occur when a midwife, nurse, or doctor is heavy-handed in the labor and delivery process. These medical professionals might use tools improperly or use too much force during the birth. The baby could be injured and develop lifelong medical issues. At the same time, the mother might be injured.
Patient neglect can occur in medical facilities when patients are left alone for too long or not given the care that they need. Nursing home abuse is also an issue because the elderly cannot fend for themselves in these facilities. Someone in a nursing home could experience physical or sexual abuse, or they might even experience medical malpractice when a doctor or nurse does not administer the proper care.
Surgical errors include performing the wrong surgery, ordering the wrong procedure, and improper anesthesia. Surgery errors also include a poor recovery. When someone cannot recover because the doctor or nurses have not managed their care, the surgery is a failure. Signs of medical malpractice might occur after surgery, and patients and their families should be mindful.
Slip and Fall Accidents
A slip and fall accident often occurs because a particular space was not maintained properly. When someone slips and falls in an office building, public space, or municipal building, the manager or owner of the premises could be liable for the damages. A victim should create a timeline for their day so that they know when they were hurt and how the accident occurred.
Eyewitnesses can explain how the accident occurred. It is important to know if the premises was maintained and if there were signs that indicated any dangerous areas. For example, someone might have slipped on a wet floor when there was no signage, or a victim may have tripped over tiles that were not in good condition. If the victim is not certain how the accident occurred, a lawyer can help.
Back and Neck Injuries
Back and neck injuries often arise from car accidents. Whiplash can cause a lifetime of pain because that discomfort can spread to the shoulders, back, and neck. A worker might have been injured in an accident on the job when they were lifting heavy objects, which can cause severe back and neck injuries.
Some people also experience back and neck pain when they are involved in car accidents because they might have something that is more severe than whiplash. Since this pain can be debilitating, a victim may not be able to work. A victim should seek immediate medical attention after an accident.
Construction accidents can harm workers and visitors on the site. Since construction sites are large and chaotic, tools, debris, or vehicles could cause major injuries. If a construction site has standing water, it is easy for visitors or workers to slip and fall. Standing water can cause electrocutions when working are using tools with frayed cables, or power sources might be damaged and even cause fires.
Construction injuries might occur when workers do not know how to use their tools or the equipment malfunctions. Construction workers are covered under Workers’ Compensation, but visitors are not. Therefore, a victim should consult with a lawyer.
Dog bite victims are often very young, and the owner can be held liable for the attack. The owner must keep their dog on a leash in most areas, and the pet might need to be registered. A lawyer can determine what should have been done to prevent the attack.
While premises liability can include dog bites or slip and fall accidents, there are many other instances that lead to premises liability claims, such as:
- Swimming pool accidents
- Amusement park accidents
- Exposure to toxic fumes
- Lack of security measures
- Elevator or escalator accidents
In a premises liability case, a breach of duty of care must be shown. The claim might find the owner of the property as negligent because they did not maintain their property.
Social Security Disability Claims
Social Security disability claims can arise after someone has been injured and they need to use government disability programs. A victim must be aware that there are two different programs. A victim can file for Social Security disability insurance (SSDI) or Supplemental Security Income (SSI).
SSDI is a program that helps people who have been working for a certain amount of time. This program is tested and paid based on how long the injured person has been working. The number of years the claimant has worked determines how much they can receive because they have been paying payroll taxes into this system.
SSI benefits are designed for people who have pre-existing disabilities and cannot work. In some cases, these people can only work so much, but they are entitled to benefits because they are underemployed.
In most cases, a victim will need to see an administrative law judge (ALJ). The ALJ will conduct a hearing where they ask about the claim, what brought the claim about, and review all documentation for the claim. A lawyer will speak on behalf of the victim.
When a work accident occurs, a victim should be covered by Workers’ Compensation insurance. The insurance company might deny the claim, or the worker might have been told that they do not qualify. A lawyer will look into the case and ensure that they are covered. Some workers are not covered under Workers’ Compensation, like executives, housekeepers, and independent contractors. Also, there are workers covered under federal laws that address railroad workers, longshoremen, sailors, defense contractors, and overseas contractors.
After hiring a lawyer, a client does not need to interact with their employer regarding the claim. A client should not call the insurance company because the insurance company might record calls or cause problems. A lawyer will address the insurance company and help their client throughout the entire legal process.
When a wrongful death occurs, there is a statute of limitations to file a claim in Pennsylvania. A person has two years to pursue a wrongful death case, which begins on the date of the death. A victim should not delay contacting a lawyer. A lawyer needs time to look into the case, gather evidence, and prepare the client for a settlement or trial. A wrongful death claim can be filed on behalf of the estate of the deceased, and the beneficiaries of the lawsuit will be family members who depended on the deceased.
Why Should I Hire a Personal Injury Lawyer?
A victim should hire a personal injury lawyer because it is extremely difficult to represent oneself in court against an insurance company or another lawyer. A lawyer has experience in the industry and will guide their client. A lawyer understands how legal processes work, and they will use their experience to help their client.
When a lawyer begins to work on a case, they will consult with the client to ensure that they know what occurred. A lawyer needs to know if the case has merit. A lawyer will file a claim against the defendant and begin to negotiate a settlement. A lawyer can help their client negotiate a settlement that is mutually beneficial, or they can take the case to trial.
What Damages are Available in Personal Injury Claims?
After an accident, a victim may be able to collect compensation for the following:
- Unpaid medical bills
- Future medical care
- Lost wages
- Lost earning potential
- Pain and suffering
- Funeral expenses in a wrongful death case
- Punitive damages
Punitive damages are used by the state of Pennsylvania to punish defendants for their negligent behavior. The state can award up to $250,000 for each negligent occurrence. A lawyer will work diligently to recover as much compensation as possible for their client.
Philadelphia Personal Injury Lawyers at Nerenberg Law Associates, P.C. Help Accident Victims Receive Compensation
Reach out to a Philadelphia personal injury lawyer at Nerenberg Law Associates, P.C. if you were injured by a negligent party. Our legal team will investigate your case and determine your entitled damages. Call us at 215-569-9100 or contact us online for a free consultation. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.
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Motorcycle Accident in Montgomery County, PA
Pedestrian Motor Vehicle Accident in Philadelphia, PA
Products Liability/Motor Vehicle Accident in Montgomery County, PA
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Nerenberg Law Associates, P.C. has been helping clients just like you for over 20 years. Our firm has handled thousands of motor vehicle, slip and fall, work accidents and homeowners’ claims throughout the years. We have resolved many cases for more than $500,000.00 to $1,000,000.00 and has numerous settlements in the range of $100,000.00. Our law practice services clients mostly in the Philadelphia and surrounding counties of Montgomery, Delaware, Bucks and Chester Counties, but also represents clients in New Jersey and in Central Pennsylvania.