injuries Archives - The Law Offices of Roberto Hernandez, PLLC.

What Are Common Causes of Motorcycle Accidents?

The Law Offices of Roberto Hernandez — Fri, 03 Sep 2021 21:20:15 +0000

A motorcycle offers a unique way to explore the road. One that has been celebrated in almost all American storytelling. However, this thrilling ride can come with its dangers. Motorcyclists are vulnerable to various accidents. To highlight the importance of safe motorcycle riding, we have compiled a list of the most common causes of motorcycle accidents.

Low Visibility

Motorcycles are smaller than cars in build; they usually don’t get the same consideration on the road. Driving on the highway especially means having to navigate a space that’s mainly designed for full-size vehicles. Most cars are not looking out for motorcycles in the same way they would for other traffic. You can counteract this by being mindful and proactive when navigating around cars. When in doubt, assume other drivers can’t see you and drive defensively.

Dangerous Turn

Left-hand turns are notorious for causing accidents, with almost 40% of accidents involving a left turn. Whether the vehicle turns into an oncoming motorcycle or swipes into one that’s trying to pass, the results can be fatal. For the majority of cases, the left-turning vehicle is at fault for the accident.

Reckless Driving

Motorcycles are not the only vehicles in danger of other negligent, distracted, drunk, or impaired drivers. However, they are uniquely vulnerable to them. Motorcycles are already less visible than other vehicles to other motorists. In being so, they already increase their risk to distracted of impaired drivers.

Reckless operation of motorcycles can also pose a danger to motorists. We know it can be hard to suppress the adrenaline of blasting off on a high-end motorcycle. However, this is no reason to go crazy on the road, as you’re giving other vehicles even less time to react to a potential collision.

Driving Conditions

In Utah, we are all familiar with less than optimal driving conditions, to say the least. It can cause a significantly higher margin for something to go wrong during your casual ride. Be mindful of the condition of the road and your vehicle at all times, it would be a shame for you to sustain severe or even fatal injuries due to some ice. Also, maintaining your motorcycle to its proper efficiency can rule out mechanical issues from arising. The last thing you want is to be severely injured because your brake system failed at the wrong time.

Getting injured in a motorcycle accident can lead to a long road to recovery. Since most motorcycle accidents are often severe, recovery can leave a nasty pile of hospital bills. That’s why we’re here to provide experienced motorcycle accident attorneys to help you get the compensation you truly deserve. Contact us online or call our office during regular office hours to see how our expert attorneys can help your case.

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How Common Are Slip and Fall Accidents?

The Law Offices of Roberto Hernandez — Tue, 09 Feb 2021 16:25:32 +0000

Slip and fall accidents occur on a daily basis. In fact, it is estimated that over 1 million slip and fall accidents occur on a daily basis. Sadly, some of these slip and falls do result in death. Throughout the years, I have seen a vast myriad of issues that cause slip and falls. These issues can include:

A spill on the floor that is not cleaned up;
Throw rugs or carpet that have been flipped up or rolled;
A surface that does not have proper drainage causing water or ice to build up;
Sidewalks, entryways, or stairs that have not been shoveled;
Improper railings on stairs;
A hole or defect in the floor that causes someone to trip; and
An item is placed on the floor that should not be there.

Who can be Held Responsible?

Do not assume that just because you experience a slip and fall the land or property owner is at fault. There are factual scenarios and circumstances that need to be considered. Was the land or property owner aware of the hazard and failed to remedy the situation? Perhaps a repair was needed but not addressed. How long had the issue existed? If the issue should have been discovered and wasn’t, what would a reasonable person have done? Did the land or property owner cause a dangerous condition to exist? In most instances involving the above-mentioned circumstances, a land or property owner may be held liable.

That said, if you contribute to the negligence which causes you to slip and fall, then perhaps a land or property owner may not be held liable, or will only be held partially liable. For instance: if you spill something on the floor and slip in it; you are wearing improper footwear for a certain activity, you fail to see something that others have seen and avoided, or you did not use proper caution, you could have some contributory negligence or even full negligence for the fall. Liability and negligence will need to be established in order to have a successful resolution of your case.

Once liability and negligence have been established, you can being to explore the issue of damages. Damages include medical bills, pain and suffering, past and future costs of care, lost wages, and permanent damage. Slip and falls are not always minor. Rather, slip and fall accidents can cause significant injury, broken bones, or even a traumatic brain injury.

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What Happens if you are Bitten by a Dog

The Law Offices of Roberto Hernandez — Wed, 03 Feb 2021 17:41:46 +0000

Vicious or misbehaved dogs pose a risk to all Utah residents, especially children. A dog bite should be taken seriously. Often, children do not know how to approach dogs. Even children who are taught may forget and end up being threatened by the dog. Aggressive dogs will often chase children if they are outside of their fenced yard. If a dog has bitten you or your child, it’s important to know the dog bite laws for Utah. Here are some steps you can take after a dog bite in Utah.

Report to Police

The first thing you should do is report the dog bite incident to the police. The police officer will decide whether to call animal control and if there was a crime committed.

Clean

Clean the bite wound immediately, first with soap and water, then alcohol, and after, apply antibiotic cream and bandage. If the wound is more serious, apply pressure with a clean cloth and call for immediate medical attention.

Exam

Make an appointment with a doctor to test if your skin was broken. You should also visit the doctor should you experience a fever or if the wound is swelling.

Document

Archive all information regarding the dog bite incident. Be sure to ask for the dog owner’s information as well as the dog’s rabies vaccination papers. Be as thorough as writing down the veterinarian’s name that administered the rabies vaccination to the dog and which veterinary they work for.

Dog Bite Statute in Utah

The Utah dog bite statute can be found under the Utah Code § 18-1-1 and places liability on the dog’s owner for any injuries caused by the owner’s dog.

Hire a Utah Dog Bite Injury Attorney

Dog bites can be quite severe. Going from a normal daily routine to dealing with an injury that could have a serious impact on one’s health can be quite overwhelming. There’s no reason you should feel that you should figure this one out yourself. Seek help by calling one of our experienced West Valley dog bite attorneys to handle your case. We can fight on your behalf in order to get the compensation you deserve. All the while, you focus on getting the medical attention you need so you can make a quick recovery and return to your normal daily life.

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Workplace Injury: Know Your Rights

The Law Offices of Roberto Hernandez — Thu, 03 Dec 2020 13:04:09 +0000

Most people know that the federal government has enacted laws intended to protect workers in the workplace. Each state has its system in place to compensate workers who are injured while on the job. If you are injured or become sick due to something from your workplace, it pays to know our rights.

Workplace Injuries

Accidents in the workplace affect thousands of Americans each year. Some cases cause severe damage and have lasting repercussions. These accidents can come from various scenarios, including exposure to heavy machinery, power tools, toxic or dangerous substances, cave-ins, and so on. Another danger is the exposure to these or other related issues over an extended period. Construction workers are some of the most at risk due to their high exposure rate to large machinery and power tools. Regardless of the field in which you work, an injury at work leaves you in a unique situation, you need to make money, but you can’t go back to work while recovering. To help combat this situation, Utah has a workers comp program.

Workers comp is designed to help you pay the medical expenses related to your accident and replace part of your wages. You have the right to claim these benefits regardless of who was at fault for the accident. The worker’s comp system is created to aid the injured worker to get the help they need without the cost of a drawn-out trial or legal process. The system’s potential problem lies in the fact that these payments are made by insurance companies that also need to make money. They make more money if they don’t have to pay claims, and the employer will keep their lower rate. For this reason, it is essential to hire a personal injury attorney to ensure that you aren’t denied the benefits you deserve.

Should I Seek Compensation

Usually, claiming workers comp means that you won’t be able to sue your employer for the injury. There are a few scenarios in which you can sue if you so desire. While most lawsuits take much longer to resolve than workers comp, they almost always result in more money to compensate you. You may be able to sue if your employer doesn’t have workers’ comp insurance. Another scenario could be if your employer takes some adverse action against you for claiming workers comp. Finally, you may be able to sue and get workers comp if there is more than one employer involved, like in the case at many construction companies between the contractors and subcontractors working together. Regardless of your situation, it is always in your best interest to refer to an experienced personal injury attorney to ensure you receive all the compensation you deserve.

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Car Wrecks: When Should I Seek a Lawyer?

The Law Offices of Roberto Hernandez — Sat, 28 Nov 2020 13:13:05 +0000

The general public seems to think that car wrecks won’t happen to them or that if they do get in an accident, the insurance agency will bend over backward to help them. A lesser-known fact is that each insurance company has its legal team not necessarily to help fight for their customer’s legal rights but protect themselves. For this reason, you must have your lawyer if you get into an accident to “level the playing field.” Facing the entire legal team of the insurance company on your own could be daunting, especially when you consider that their job day in and out is to save the company money.

Just like the old saying goes, “he who represents himself has a fool for a client.” This saying is supported by The insurance Research Council who found that those who hire an attorney will, on average, get 3 to 3.5 times more money than those who attempt to settle on their own. In most cases, if you try to fight the insurance company alone, they will offer you the minimal settlement amounts available to make you go away. They are not working with your best interest at heart, and they are focused on something completely different, their bottom line. They are a business, after all, and they must ensure they are not losing money!

The common misconception is that the insurance companies are there for you. The sad truth is, they only have one objective: make money for their shareholders. This is why it is so vital to “lawyer up,” as they say, as soon as possible after you are injured in a wreck. Doing so will help ensure you get the compensation you deserve.

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Neck Pain and Their Common Symptoms

The Law Offices of Roberto Hernandez — Tue, 10 Dec 2019 20:38:49 +0000

There are many ways our necks can become injured. Most people will experience neck pain at one point in their life. Our channels can become injured due to normal wear and tear, strenuous activity around the house, sports, and accidents. In this article, we will cover neck-related injuries caused by motor vehicle accidents, car crashes, slip and falls, and other incidents that can damage the neck. Pain in the neck can feel like a “kink” associated with stiffness, difficulties turning the head, or even constant severe pain regardless of the head’s position. The pain can also be transferred to the upper shoulder area, chest, upper back, and even the arms. It is not uncommon for people dealing with neck pain to experience headaches or migraines as part of their side-effects.

Whiplash in car accidents

One of the most common types of injuries in low-speed collisions is muscle injury to the neck and shoulder area. It is a natural response when you see an accident coming to tense up and become stiff as you brace for impact. When we stiffen our muscles, they have less give; this can result in soft tissue damage even if something does not hit or strike a person when they are in a car crash. Whiplash occurs when the head is jolted from one direction to another; when a car comes to an abrupt stop. This quick and forceful movement can damage the spine, nerves, connective tissue, and muscles.

Side-effects of whiplash include:

Stiffness and pain
Difficulty moving the neck
Fatigue and dizziness
Headaches that typically begin at the base of the skull

When should I see a doctor?

It is generally a good idea to see a doctor after an auto accident, slip and fall, or when you have hit your head or had an object strike your head. The most important thing is to ensure that you and anyone involved in the accident have been properly treated for any medical concern. If you did not visit an emergency or an Instacare facility, you should visit a hospital immediately about pain or discomfort. Injuries stand the best chance of healing correctly when they have been treated by a medical professional. If you or a loved one has had neck, shoulder, or back pain after an accident, considers calling The Law Offices of Roberto Hernandez today.

Disclaimer

The information provided on this website is for informational purposes only. This website contains general information relating to areas of law familiar to our firm. The information should not be construed as legal advice or other professional advice. You should not rely on the contents of this website as such. Participation on this website does not create any kind of attorney-client relationship. If you need legal advice or representation, please contact my office, and I would be pleased to discuss your case with you and see if my firm can help.

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How to Avoid the Most Common Motorcycle Accidents

The Law Offices of Roberto Hernandez — Sat, 09 Nov 2019 17:32:11 +0000

Common causes of motorcycle accidents

One of the most frustrating aspects of any vehicle accident is that they could have been avoided. If you look at the reasons an accident has occurred, they almost always come back to a human error of some kind. Motorcycles are much smaller and harder to see than a car. Also, a rider is completely exposed to the horrible forces of a crash. However, if you plan and take the necessary precautions, you may avoid these common motorcycle accidents.

Here are three of the most common motorcycle accidents in Utah and what you can do to avoid them:

Left Turn

Left-turn accidents are the most common type of accident across the entire country. In most cases, the car driver fails to see you or misjudges the distance between your vehicle and theirs as they turn in front of you.

A good motorcyclist needs to think a couple of steps ahead of the car driver. You will develop a sixth sense to tell if there is a danger of an accident ahead with experience. Watch to see if there is a sign that the driver will turn left; there may be a gap in traffic right in front of you.

Gravel

If you’re turning the corner and you suddenly see a patch of gravel, you may find that it can cause a severe wipeout, leaving you injured and in need of medical attention.

You can prevent these situations from happening by not hitting turns fast when you cannot see around them. A good rule of thumb on taking turns on any motorcycle is “slow in, fast out.”

Switching Lanes

This happens way too often. You are riding through traffic when out of nowhere, a car begins to veer into your lane. It’s extremely easy for motorcycles to become hidden in a car’s blind spot. Furthermore, drivers are not always mentally prepared to be aware of motorcyclists when switching lanes.

Try to keep your distance from a car; the more space, the better. Do not sit in a car’s blind spot. If you cannot see the driver look at their side mirror, assume they cannot see you.

Remaining safe on a motorcycle involves proactive and defensive driving. However, sometimes accidents are an unfortunate and inevitable circumstance. If you have been in an accident, contact our experienced lawyers at (801) 590-3275 to speak with a legal professional and request a consultation.

Disclaimer

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What are the Effects of a Traumatic Brain Injury?

The Law Offices of Roberto Hernandez — Wed, 06 Nov 2019 17:27:35 +0000

What can happen when you hit your head

Of all the places a human body can sustain an injury, the head and brain are perhaps the most serious. Everything that makes a person who they are can be found in their mind. When our head and brain sustain an injury, it can have devastating and lifelong challenges. In this article, we will discuss the topic of traumatic brain injury and what can happen to a person when they have been struck in the head. These injuries can occur from falling objects, bullets, blunt force trauma, slip and falls, and of course, car accidents.

What happens when the brain is damaged?

Minor brain injury can be temporary and will affect brain cells. A common situation is when a person suffers a concussion due to a fall down the stairs. Although these injuries are usually temporary, they are still severe and should be addressed by a medical professional as quickly as possible. More severe damage to the brain includes bruising, bleeding, and torn tissue.

Mild brain injury

If the accident is not as serious, the damage may not be permanent; the most common side effects are listed below.

A momentary loss of consciousness. This can be a few moments or a blackout that lasts a few minutes. It is important that if you get hit in the head and pass out for any amount of time that you seek medical attention as quickly as possible.
Feeling dazed, confused, or dizzy. These effects will usually correlate with feelings of nausea and vomiting. Many people will also experience a loss of balance as it takes time for them to feel stable on their feet after the impact to their head.
Loss of memory and problems sleeping. If you take anything away from this article, it should be that any blow to the head should be taken seriously. Do not gamble with your health and think that you can sleep-off the pain of something hitting your head.

Serious brain injury

The symptoms associated with severe brain injury are not quite as subtle. In many cases, injured individuals can find themselves in a position where they can no longer enjoy their life as they used to. These injuries can lead to disabilities that make it so that people can no longer hold a job or properly care for themselves. Below are some of the most common damages that can result from a traumatic brain injury.

Some people with stressful mind injuries will certainly create seizures. The seizures may occur just in the early stages or years after the injury. Recurring seizures are called post-traumatic epilepsy.
The liquid build-up in the brain (hydrocephalus). Cerebrospinal fluid may accumulate in the brain (cerebral ventricles) of some individuals who have had distressing mind injuries, triggering raised pressure and swelling in the brain.
Skull cracks or penetrating injuries can tear the layers of protective cells (meninges) surrounding the brain. This can enable germs to enter the mind and cause infections. An infection of the meninges (meningitis) might infect the nervous system’s remainder if not dealt with.
Capillary damages. Several small or large blood vessels in the brain might be damaged in a stressful mind injury. This damage can result in a stroke, blood clots, or other troubles.
Constant migraines are exceptionally usual after a terrible brain injury. They may begin within a week after the injury and persist as long as several months.
Many people experience vertigo, a problem characterized by dizziness, after a terrible brain injury.

Disclaimer

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Bicycle Accident Information and Safety

The Law Offices of Roberto Hernandez — Wed, 07 Aug 2019 16:06:59 +0000

Bicycle Accident Information and Safety

Although summer has roughly a month left, it doesn’t mean that we can forget about looking for cyclists on the road. According to the National Highway Safety Administration, there are around 800 deaths per year resulting from bicycle-related automobile accidents. This is accompanied by nearly 50,000 injuries ranging from mere bruises and cuts to broken bones to severe head trauma. By taking a more in-depth look at the common causes of bicycle accident injuries, we can all perhaps be more alert while on the road. Below are some of the most common reasons that a vehicle and a bike will crash into one another.

Distracted operation of a bicycle

In a previous article this month, we have talked about when it comes to the dangers of distracted driving—operating a bicycle while distracted is also dangerous. Operators are likely to use their cell phones while riding to quickly send a text or change a song they are listening to.

Incorrect positioning by the bike or car

Utah has a 3-foot cycling rule that mandates that motor vehicle operators provide at least 3 feet between their car and the cyclist when they are passing them. When this is not appropriately done, the vehicle is likely to sideswipe a cyclist, especially on tight turns. Drivers can also open their passenger or driver side doors without thinking of looking for a cyclist. Suddenly, a collision could have been avoided had someone taken a second look before they opened their door. Finally, drivers can sometimes rear-end a cyclist because they are either not paying attention or were following way too close at a stop sign.

Additional factors such as speeding and weather

There is a culmination of things that can cause an accident on the highway, freeways, or residential areas. When either the driver or the cyclist is driving too fast for conditions, an accident is more likely to happen. It is also important to note that most cycling accidents occur between 6:00 PM and 9:00 PM regardless of the location. This is likely due to more limited visibility due to low levels of light. There is also an increase in alcohol use during this time. In fact, in over 35% of all cycling accidents, alcohol was a factor in one way or another.

When a cyclist or a pedestrian has been hit by a car, the results are often far worse than when two vehicles collide. Victims of the crash often find themselves in a difficult position, trying to recover physically and financially. If you or a loved one has been involved in a cycling-related auto accident in Utah, you have legal options. Contact The Law Offices of Roberto Hernandez today to speak with a legal professional and request a consultation.

Disclaimer

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The Dangers of Distracted Driving

The Law Offices of Roberto Hernandez — Sat, 03 Aug 2019 15:49:32 +0000

The Dangers of Distracted Driving

By now, most people are at the very least familiar with the dangers of driving while distracted. Some consider it as dangerous as driving while intoxicated because it is far more commonplace. As a personal injury law firm in Salt Lake City, UT, one question eludes us, “why do people still do it?” It may sound counterintuitive, but one of our main goals in the community is to promote safety. This is especially true when it comes to driving on freeways and highways. We have seen the devastating firsthand experience that can come when a car crash results in significant injuries. Below is some more information about distracted driving; the numbers may surprise you.

Statistics regarding distracted driving

According to a study handled by The Zebra, the largest culprits of distracted driving is the age group of 18 to 35. When we see these numbers, it is easy to conclude that most of their using a cell phone while driving is for personal use. This includes things like checking social media or texting their friends. It is undoubtedly the case that many teens are using their phones for fun while operating a vehicle. However, almost 40% of the respondents to the study said that they used their phone in response to answering work-related text messages and phone calls.

The Texas Institute of Transportation provided the second statistic we would like to mention. Their study provided online; they found that reaction times are doubled compared to that of a normal, non-distracted driver. The amount of time someone’s eyes were diverted from the road was averaged to be around 5 seconds. When someone is traveling at 55 miles per hour, this will equate to the distance of an entire football field being covered without looking. But the safety concerns are not limited to just reaction times of upcoming obstacles in the road. They also found that a distracted driver has difficulties staying in their lane and maintaining a consistent speed while driving.

Finding an automobile accident attorney

Distracted driving is the number one reason that car accidents happen on the road. Although many of these accidents are relatively minor, they can bring life-ending results as well. Cell phone use is the largest culprit, but there are also factors such as talking to passengers, eating and adjusting the stereo, or using an onboard GPS. The sad reality is that these are all caused by human error and could have been avoided. If you or a loved one has been involved in an accident caused by a distracted driver, consider contacting The Law Offices of Roberto Hernandez for a consultation.

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