Case Law for Pedestrian Accidents in San Bernardino

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According to a recent study conducted by the National Highway Traffic Safety Association (also referred to as NHTSA), pedestrian accidents are unfortunately a lot more common than you might think. It is estimated that 5,000 pedestrians die in motor vehicle-related accidents each year. Roughly 76,000 people across the country were injured after getting hit by a car or truck in 2012 alone.

Whether you’ve been the victim of a pedestrian accident in San Bernardino or the surrounding areas or you’ve caused such an incident yourself, staying up to date on all relevant case law is always something that you should prioritize.

Pedestrian Accidents in San Bernardino

Whenever a driver gets behind the wheel of a car, it is expected that they exercise reasonable care in terms of the pedestrians and other drivers around them. Failure to do so is considered negligence, something that must be proved in order to successfully file a claim after such an incident has taken place.

Just a few of the examples of negligence in San Bernardino include but are not limited to ones like:
• Distracted driving (like driving while texting)
• Speeding
• Failing to fully yield to pedestrians at crosswalks
• Disobeying or outright ignoring traffic signs, signals and laws
• Not signaling while turning
• Failing to exercise the appropriate level of caution given current weather or traffic conditions
• Driving while under the influence of alcohol or other types of controlled substances

In the rare event where both the driver of the vehicle and the pedestrian they struck are found to be at fault, this is called “comparative negligence” in the state of California. All relevant insurance companies can then determine blame based on the specifics of the situation in terms of both parties. If a driver failed to yield to a pedestrian at a crosswalk but that pedestrian also walked into traffic without looking, it is very possible that they could both be found at fault. From a legal perspective, this would complicate the situation – which is why getting help from legal professionals is so important.

Harshbarger Law

At Harshbarger Law, we understand that pedestrian accidents can be an incredibly harrowing and stressful time for everyone involved – this is a large part of the reason why our number one priority in these situations is and will always be our clients, first and foremost. If you have any additional questions about pedestrian accidents in San Bernardino or the surrounding areas, or if you’d like to sit down and speak to a legal professional about your specific situation in a little more detail, please contact us today.

Dog Bite Laws in San Bernardino

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According to recent studies, dog bite incidents are probably a lot more common than you realize. One study estimates that over 316,000 people visit hospital emergency rooms each year as the result of a dog bite, which breaks down to about 898 cases per day. While it’s always important to seek medical attention as soon as possible after a dog bite occurs, understanding the legal ramifications of such a situation is equally essential to the safety and well being of yourself, of the victim and of the animal in question moving forward.

Dog Bite Laws in San Bernardino

Thankfully, the legal context surrounding dog bites in San Bernardino and other areas in California is quite clear. California Civil Code section 3342 covers this particular topic and specifies that if your dog bites ANYONE, you as the owner will be held liable for damages in a civil claim. This is true providing that:
• The injury to the person in question was indeed caused by a dog bite, and
• The injured person was in a public place or was lawfully in a private residence when the incident occurred.
This means that if you and your dog are out for a walk and it bites someone, you will be held responsible. Likewise, if you’ve invited someone over to your home to watch a movie one evening and they sustain a dog bite, you will also be held liable despite the fact that you are not in a public place and it was common knowledge that a dog lived in the home.
The only exception to this is that if the dog in question was technically engaged in some type of military or law enforcement work. If you get bit randomly by a police dog, whether you’re in public or in private, you will not typically be able to sue for damages – even if it is found that you weren’t actually doing anything wrong at the time.

Harshbarger Law

At Harshbarger Law, we understand that accidents happen – but this simple idea does very little to actually comfort you in the event of a dog bite. Whether you’ve been on the receiving end of a bite yourself or if your furry little friend lashed out at another person, the importance of finding a legal professional to offer you the care and attention-to-detail you need cannot be overstated enough. To find out more about dog bite laws in San Bernardino, or to discuss any other type of personal injury situation in greater detail, please contact Harshbarger Law today.

Personal Injury Truck Accident Lawsuit in San Bernardino County

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According to the Insurance Institute for Highway Safety, personal injury lawsuits involving truck accidents are a lot more common than one might think. In 2015, there were 2,646 deaths of passenger vehicle occupants in crashes involving a large truck in the United States. 563 motorcyclists, bicyclists and pedestrians were killed in similar conditions during the same year. If one of your top priorities is always to navigate the roads of San Bernardino County as safely and as securely as possible – as it should be – there are a few key things you need to know about personal injury truck accidents and the lawsuits that may follow.

The Dangers of Truck Accidents

A study conducted by the Insurance Institute for Highway Safety also revealed that when a death is involved in a crash with a large truck, the majority of the time the deceased are usually the people who were traveling in smaller vehicles. The major issue is that trucks often weigh between 20 and 30 times more than a passenger car. They’re also taller and have a higher level of ground clearance, meaning that you don’t just have to worry about getting hit head-on – a smaller car under riding a truck in a crash is also a very real concern.

There are many factors that contribute to personal injury truck accidents in San Bernardino County, like how difficult it is for trucks to brake in general. A truck will always travel about 20 to 40 percent farther than a car will to come to a complete stop, something that is complicated by factors like slippery roads and other weather conditions.

Lawsuits involving truck accidents are inherently complicated as you’re not just dealing with another driver and their insurance company – you also have to take into consideration the company that the trucker was driving for, that company’s insurance company and any other entity that may have a stake in what they were hauling in the first place. It’s more difficult than just suing a single person, as essentially all of these parties may have played contributing roles depending on things like policy and jurisdiction. This is why it is always so important to contact a personal injury attorney specializing in truck accidents right away – they can help you untangle this admittedly complicated situation and get to the results you deserve as quickly as possible.

Harshbarger Law

At Harshbarger Law, we understand just how stressful it can be to get into a car accident when the other vehicle happens to weigh several tons. Personal injury lawsuits in general are frustrating, stressful and dangerous – to say nothing of how issues compound themselves in truck accidents. If you or a loved one has been injured by a commercial vehicle in San Bernardino County, or if you’d just like to speak to someone about your own personal situation in more detail, please don’t delay – contact Harshbarger Law today.

History of Wrongful Death Cases in San Bernardino

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Whenever a person dies before their time – either due to the negligence of another person, the misconduct of a third party or even something like murder – the situation is referred to in a court of law as a wrongful death. These types of cases, which can only be brought into a court of law by a personal representative of the estate of the deceased, have a long and storied history in the United States – particularly in San Bernardino and the surrounding areas.

Wrongful Death Cases in San Bernardino and Beyond: An Overview

Wrongful death liability in general actually dates all the way back to the Fatal Accidents Act of 1846, also commonly referred to as “Lord Campbell’s Act.” Established as an act of the Parliament of the United Kingdom, it was the first such document of its kind to establish that relatives of people killed by the wrongdoing (either intentionally or unintentionally) of others were able to recover damages as a result. It was quickly established by many other countries around the world, including the United States. It has largely been the law of the land ever since.
Perhaps the most famous wrongful death case in the history of the country happened in 1994, when O.J. Simpson was tried (and ultimately found not guilty) for the murder of Nicole Brown Simpson and Ron Goldman.
San Bernardino in particular has been in the news recently due to a particularly high profile wrongful death case. In November of 2016, a federal judge set a trial date for a wrongful death lawsuit alleging that a member of the San Bernardino County sheriff’s department fatally shot and killed a man who was both unarmed and mentally ill at a motel in 2015 without reason to do so. The trial for that case is still a long way off – it will begin on March 6 of next year – but you can expect to see many more headlines about its activities between now and then.

Harshbarger Law

Sadly, wrongful death cases in San Bernardino and the surrounding areas are nothing new. They’ve happened before and they will happen again – but that doesn’t mean that this is one road you have to travel alone. If you or a loved one has been affected by a wrongful death case, or if you’d like to sit down and discuss your situation with someone in more detail, please don’t delay – contact the experts at Harshbarger Law today. Our number one focus is and will always be our clients.

New 2018 Car Accident Stats Paint a Grim Picture in San Bernardino County and Beyond

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According to the Association for Safe International Road Travel, roughly 37,000 people die in car accidents on the roads in the United States each year. In addition to that, another 2.35 million people are either injured or seriously disabled. Of those 37,000 deaths, 1,600 of them are children under the age of 15. These stats are collected over a long period of time and are simply averages, but a recent study reported on by Forbes shows that as far as automobile accidents are concerned, things may be getting worse before they get better.

Today’s Dangerous Roads: Breaking It Down

According to a study that was recently completed by the National Highway Traffic Safety Administration, 27,875 people died in car crashes in the first six months of 2016 alone. If that sounds high, that’s because it is – this represented a stunning 8% increase over the first six months of 2015. It’s also important to note that 2015’s statistics represented a 7.2% increase over those from 2014, which itself was the single largest increase in 50 years.

In San Bernardino County and other areas in California, the news isn’t much better. The entire state of California falls into Region 9 of the study (along with Arizona and Hawaii) and it experienced a 5% increase in fatalities during the same period of time.
In the end, statistics like these underline just how important it is to practice the safest possible driving techniques that you can at all times. When you live in an area like San Bernardino County, remember that even if you’re intimately familiar with the roads as you’ve been driving them all your life, the same is not necessarily true of those around you. San Bernardino and California in particular usually see an increase in out of town drivers, particularly around the holiday season. These people may not be familiar with the driving habits of locals, creating an incredibly dangerous situation for everyone involved.

If you find yourself in any type of personal injury situation in San Bernardino or in any other area, it’s always important to call 911 for emergency services as soon as possible. If someone is injured, every second counts and your top priority should always be getting them the medical treatment they need as fast as you can. Afterwards, you can call a personal injury attorney to help make sure that you’re protected from a legal perspective. An attorney can help not only make sure that damages to your car are taken care of (along with your medical bills), but they can help protect you in the event that a lawsuit is filed.

Harshbarger Law

From the moment Harshbarger Law opened its doors up until the present day, our focus has always remained the same: we want to provide unparalleled service to our clients above all else. If you’ve been the unfortunate victim of a car accident in San Bernardino County or the surrounding areas, or if you find yourself in a similar type of personal injury situation, please don’t delay – contact your San Bernardino car accident attorneys at Harshbarger Law today.

Financial and Emotional Compensation for Wrongful Death in San Bernardino County

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If you or a loved one has been affected by a wrongful death situation in San Bernardino County and the surrounding areas, it’s always important for you to understand all options available to you from a legal perspective. Many people are already aware of what financial compensation is and how it works. If the person who unfortunately passed away was a provider of family income, for example, financial compensation may be awarded to help account for some essential funds that will no longer be present.

Something that fewer people understand is emotional compensation, however, which can often be a major aspect of any recovery in a wrongful death case. Though the specifics will vary depending on the situation you find yourself in, there are still a number of important things you need to be aware of.

What is Emotional Compensation?

Emotional compensation is designed to help address the psychological impact that you and your loved ones have had to endure due to the wrongful death situation you now find yourself in. This can involve a large number of different things including depression, fear, anxiety, and more. The important thing to understand is that what can be emotionally distressing to one person may not be to the next, which is why there is typically not a strict definition of what would be covered and what would not be.

In order to properly claim emotional distress in a wrongful death lawsuit, you must take certain steps to document these conditions before you file your claim. The chances are high that you’re already seeking medical treatment, so you should speak with your medical professional about the psychological issues that have developed as a direct result of your wrongful death. Many people agree that keeping some type of daily journal where you chronicle your symptoms on an ongoing basis can be particularly helpful, especially if your case ends up in a court of law.

Harshbarger Law

At Harshbarger Law, we understand exactly how devastating a wrongful death situation can be in San Bernardino County and the surrounding areas. This is why we are and will remain singularly committed to our clients, helping to guarantee that they receive not only the maximum financial compensation but emotional compensation that they are entitled to as well.

If you have any other questions about financial and emotional compensation for a wrongful death that you’d like to see answered, or if you’d just like to speak to someone about your own unique situation a little more directly, please don’t hesitate to contact Harshbarger Law today.

San Bernardino County Wrongful Death Law Firm

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Commonly Asked Questions about Wrongful Death (and their Answers)

When you’re already coping with a devastating loss, the last thing you want to do is revisit your tragedy again and again and struggle with your financial future. A wrongful death suit can help you gain closure and financial compensation after a loss. We know how hard it is to cope with the grieving process and the sheer amount of tasks you must do after you’ve experienced a loss due to someone else’s negligence, so we’ve compiled a list of commonly asked questions to help you get the information you need. If you’re in the San Bernardino County area, we’re here when you’re ready to talk about the specific details of your case.

What is a wrongful death lawsuit?

When a person has died due to someone else’s negligence or harmful actions, the survivors can sue the perpetrator or entity that caused the death and receive monetary compensation for their loss. While money won’t help with grieving or bring a loved one back, it will help the family survive and go on after a loss.

Who can file a wrongful death lawsuit?

In most cases, the surviving spouse or children can file a wrongful death claim, but in some cases, other family members may do so as well. Speak to a wrongful death attorney to learn more about your options and the specific rules that would apply in your case.

What damages can be awarded for a wrongful death claim?

Most commonly, the court will award damages designed to replace the income of the lost family member. Money for funeral expenses or medical expenses, lost pension, benefits and inheritance can also be included; every case is different, and a San Bernardino County wrongful death attorney can help you understand what you can expect from your specific case.

How do I file a wrongful death claim?

Contact our office to talk about your case and get an idea of what to do next. Our capable team is familiar with the process and understands just how difficult and trying this time is for you and will work hard to get you a fair outcome and compensation for your loss.

Contact us to learn more about wrongful death lawsuits and to talk about the specific details of your case. We’re here to help you during this difficult time.

Wrongful Death Lawsuit In San Bernardino

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If you’ve lost a loved one due to someone else’s negligence, a wrongful death lawsuit can help give you closure and provide the financial support you’ll need to go on with your life. As a surviving family member, you can file the claim against the person or entity that harmed your loved one.

When can I file a wrongful death lawsuit?

If the victim has been killed by someone else’s negligence or their intentional actions, then the surviving family members can file a claim. Some common circumstances where a wrongful death suit could be filed in the San Bernardino area include:

  • Car, truck or motorcycle accidents with negligence or DUI
  • Defective products that harm users resulting in death
  • Defective medical devices and medications
  • Medical malpractice, including misdiagnosis, anesthesia errors, surgical errors and more
  • When a victim is intentionally killed or is killed due to someone else’s negligence

What damages can I be compensated for?

The damages will vary, but in general, a survivor can receive compensation for some or all of these points:

  • Pain and suffering experienced by the deceased person
  • Medical and treatment costs that arose while trying to treat an injury related to negligence
  • Burial and funeral cost
  • Loss of income or services
  • Loss of inheritance
  • Loss of guidance, care or nurturing for minor children
  • Loss of love and companionship

How is a wrongful death lawsuit decided?

For the defendant to be held liable, the victim’s estate or family members must show that the defendant caused the death – and therefore the resulting losses experienced by the survivors. The best way to find out if you have a valid claim or case is to speak with a San Bernardino County wrongful death lawsuit attorney; you’ll be able to get specific details and learn more about what to expect from the process.

If you have lost a loved one to someone else’s lack of care or negligence, we can help. Contact us to learn more about your options during this troubling time and to find out how a wrongful death case can help you get the closure and financial support you need to go on.

 

 

Wrongful Death Attorney In San Bernardino County

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Dealing with the loss of a family member or loved one is hard enough; realizing that loss was caused by someone else’s negligence makes things even worse. While a wrongful death attorney can’t bring your loved one back, they can help give closure and the compensation you’ll need to protect your family after a loss. Learning more about wrongful death and what you can do about it in the San Bernardo County area can help you understand your options during this difficult time.

What is a Wrongful Death?

Wrongful death is when a person is killed because of the misconduct or negligence of a third party. When a family experiences a wrongful death, they may be entitled to compensation for the loss of their loved one. Wrongful death takes many forms, including:

  • Car, truck and motorcycle accidents.
  • Faulty products: Products that break or don’t perform as expected could cause a fatal accident; the manufacturer would be held responsible for their defective products.
  • Medical malpractice: From surgical errors to misdiagnosis or emergency room negligence, medical malpractice can result in catastrophic and fatal errors
  • Dangerous conditions: From theme parks to hotels and even construction sites, if a business doesn’t take proper precautions, a fatal accident could be the result.

How are Victims Compensated?

The victim’s family can file a lawsuit; the amount of damages received will vary depending on the salary earned by the deceased, the people who depended on them financially and the loss of companionship. Other factors may come into play as well. While no one can replace your loved one, the financial security that comes from a settlement can bring peace of mind and security to the surviving family members. A wrongful death attorney can help you after a loss and ensure your remaining family is secure.

If you’ve lost a loved one due to someone else’s negligence or misconduct, we can help. Contact the San Bernardino County team at Harshbarger Law to talk about your case and discuss your options. We understand how difficult this troubling time is for you and stand ready to help you get the compensation you deserve.

 

Holiday Travel on San Bernardino Highways

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During the holiday season there is a significant increase in traffic across the country. People are taking a break from their busy lives to focus on what truly matters most: family. They’re traveling far and wide to see their loved ones and to enjoy their family traditions.

Unfortunately, due to the increase in traffic the holidays are amongst the most dangerous times of the year for drivers and pedestrians alike. According to a study conducted by AAA and reported on by USA Today, nearly 27,900 Americans are seriously injured in car accidents each year during the holiday season alone. If you’re planning on traveling on our San Bernardino highways this coming holiday season there are a few key tips you’ll want to keep in mind.

Take Your Time and Slow Down

According to the United States Census of 2010, San Bernardino alone has a population of over 209,000 people. That makes it the most populated city in the county and the 17th largest city in the state of California. You can naturally expect a larger than normal traffic flow on the roads during this coming holiday season, which is why you should always plan ahead and realize your trip will take longer than usual. Also, please slow down to stay as safe as possible. According to the Department of Transportation, speeding contributed to 30% of all fatal crashes in 2012. If you’re going to be late because of traffic, be late – don’t take someone else’s life into your own hands to try to make it to dinner on time.

Seek Medical Treatment Right Away

If you do find yourself in a holiday car accident, always make sure you’re enlisting the help of medical professionals as soon as possible. Normal car accident procedures don’t stop because it’s Thanksgiving or Christmas Day; make sure everyone is safe and call 911 to report any injuries that may have been experienced. Take care of you and your loved ones first whether you’re on the road or with your family in front of a nice warm fire.

Harshbarger Law

At Harshbarger Law, we believe that the holidays should be a fun and exciting time for everyone. You should be focused on your loved ones and not the dangerous situations that holiday travels on San Bernardino highways can represent. If you or a loved one is injured in a car accident please don’t delay – contact your San Bernardino car accident attorneys at Harshbarger Law today.