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Bender & Gritz, APLC's Injury Blog

Cyclist in San Diego seriously injured in hit-and-run crash

The roads in California can get busy, with traffic flowing in every direction. In addition to heavy traffic, motorists are not the only ones utilizing roadways for travel. Pedestrians and cyclists rely on roads, crosswalks and sidewalks to get to and from their destinations. Because they are also traveling where motorists are operating motor vehicles, it is always imperative for everyone to be aware of one another. When a motorist fails to remain attentive and cautious, this could result in a serious and even fatal collision.

According to recent reports, a hit-and-run bicycle accident occurred in San Diego. The 64-year-old cyclist was either walking or riding his bike in the northbound bike lane of Nimitz Boulevard when a white Nissan Versa also traveling north sideswiped the cyclist.

Proving fault in a car accident

When accidents happen, it is important to understand how it occurred. While some of these incidents are simply accidental and unavoidable, many of them are preventable because a negligent party caused them. Thus, it is vital to explore one's options when it comes to uncovering cause and liability, as this could help one address the damages and losses caused by the car accident.

It isn't a victims first instinct to prepare for a civil action moments after a car accident; however, there is usually a lot of information gathering following an automobile collision that is beneficial for a victim if he or she so chooses to move forward with a legal action. When law enforcement arrives at a crash, an accident report will be made. And in matters where police did not show up, the parties to the accident will have to report the incident to the closest police station.

Hearing loss in the workplace: The facts

Hearing loss can affect every part of your life. If you've noticed that your hearing is getting worse or that you're having a hard time hearing normally, you may be developing hearing loss due to any number of causes. If your work environment is particularly loud, then the exposure to loud noises that you face could be the reason for your hearing difficulties.

The National Institute for Occupational Safety and Health states that workers shouldn't be exposed to noise levels over 85 decibels over eight continuous hours. It also believes that around 30 million U.S. workers are exposed to noise levels so high that they cause irreversible damage to their hearing.

What are common construction site injuries?

Working in the construction industry can be a very rewarding career for individuals in California and elsewhere. While it can be an excellent living, it can also cause workers to face numerous risks and dangers. Thus, it is important for construction workers' to understand what they can do in the event that they are injured at a work site.

What are common construction site injuries? The injuries suffered by a construction worker are often dependent on the type of work site they are at; however, there are some injuries that are more common and prevalent in the industry itself. Because many work sites require some workers to work at great heights, falls are common. However, a fall could also occur on level ground due to a slip or trip. Thus, injuries one is likely to suffer are broken bones, lacerations, head trauma or injuries to the back or neck.

Why listening to your doctor matters in workers' comp cases

If you are like most Americans, you probably have a deep respect for the knowledge and skill that your physician has acquired through both education and work experience. You rely on your doctor to provide an accurate diagnosis when you become ill and workable treatment plans to help you address or minimize your symptoms.

However, despite the respect that you have for their education and position, you may find yourself struggling to follow through with their recommendations, particularly if their suggestions include daily work, such as exercises or medications you don't want to take. You may feel like the recommendations won't help or like you don't have the time, money or energy to follow their instructions.

Helping you get answers by filing a wrongful death action

No one likes to think about death. Even though it is a natural occurrence in life, it is a difficult event to face, as no one is truly ready to let go of a loved one. This is why a sudden fatal accident can be extremely emotionally devastating. In addition to the emotional pain associated with the loss of a loved one, the financial damages caused by the fatal accident can also be overwhelming. Thus, it is imperative that surviving family members understand what rights and options they have.

While nothing can replace a loved one lost in a tragic accident, the attorneys at Bender & Gritz, APLC, are sensitive and compassionate to these matters. Our law firm is dedicated to helping individuals in the San Diego area gain a full understanding of their situation and what steps they can take to better the situation.

3 things to know if you’ve been injured on the job

Whether you have worked in the construction industry for years or recently had your first day on the job, it is important to remember that your profession is dangerous. Between falling objects, collapsing trenches and malfunctioning equipment, hazards lurk around every corner on construction sites. If you do suffer an injury while at work, do you know what to do?

In general, most people that get hurt at work can file a workers' compensation claim. Here are a few things to know if you suffer a workplace accident.

California dog owners can face liability if their animal attacks

Dog lovers in California have many reasons to love these animals. Dogs can be loving, smart and playful creatures that bring joy to the lives of many. However, dogs are still animals and, therefore, even a seemingly friendly dog could still bite someone, causing serious injury or even death.

In California, dog owners are held responsible if their dog bites someone in a public place or someone who is lawfully in a private place, no matter whether the dog was known to be vicious. To be lawfully on private property, a person must be on the property to perform a duty of the state or postal regulation laws. A person could also be on the property because the owner either expressly or implicitly invited them.

Construction accident in San Diego kills one, injures others

Southern California is a place of growth and this includes the area's universities. The University of California, San Diego, is in the process of erecting several new buildings. However, a construction accident at a university worksite proved to be deadly for one individual.

An incident occurred at a construction site at the University of California, San Diego, that left one worker dead and caused four others to suffer injuries. According to a Cal/OSHA spokesman, a 35-foot-tall wall of rebar fell, injuring four workers. Two of the workers were seriously injured and another was taken to the hospital, but later died. Cal/OSHA is performing an investigation into the incident.

The basics of a California wrongful death claim

It would be nice if we all lived to an old age and then died peacefully from natural causes. However, this ideal scenario does not always happen. Sometimes, a person's life is taken away by another person's negligence or malice, such as in a car crash or homicide. When these tragic incidents occur, the victim's survivors may wish to pursue a wrongful death claim to obtain compensation for the damages they suffered. Wrongful death claims are civil claims and can be sought alongside criminal proceedings.

The elements of a wrongful death claim in California are as follows. First, there must be the death of a human being either due to the negligent act of another or due to another's intent to hurt the victim (even if the person didn't mean to kill the victim). The surviving family members of the victim must have suffered financial damages due to their loved one's death. Finally, a personal representative must be appointed to the decedent's estate.

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