Fresno Personal Injury Attorney
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I am Gerald Schwab I have helped many hundreds of people recover for accidents and injuries sustained in accidents.  If a loved one has died after a devestating motorcyle accident you will be upset and confused.  We can help you through this time and get you the compensation you may need.  

Below I will discuss how these type of accidents are usually handled.

INVESTIGATION

The agency that conducts the investigation depends on where the accident occured.  If the fatality occured in the city then the local police agency or sheriffs department will handle the investigation.  If the fatality occurred on a Highway then the California Highway Patrol will conduct the investigation.  The CHP will conduct the investigation. 

MOTORYCYLE ACCIDENT STATISTICS

According to data provided by the National Highway Safety Traffic Administration (NHTSA), motorcyle fatalities occured twenty-seven times more often than deaths in other vehicles.  Approximately 4,586 bilers lost there lives in traffic colllisions in 2014 alone.  

INJURIES AND DEATHS RESULTING FROM MOTORCYLE ACCIDENTS

A motorcyle accident has the potential to cause serious injuries to a biker, ranging from bone fracture and spinal cord injury to internal organ trauma and brain injury.   A victim who has suffered any of these type of injuries can undergo a long period  of rehabilitation that oftentimes compounded by the mounting medical bills and financial losses.  If a wrongful death is caused by the negligence of another party in a motorcyle accident, the family of the victim may recover for the following damages:

loss of affection, consortium, comofort and moral support

loss of inheritance

future financial support loss

funeral and burial expenses

household service loss

loss of parental care, training, and guidance

There is a strict limit on the time in which parties directly related to the deceases may file a wrongful death claim in California.  The statute of limitations is two years from the date of the individuals passing. If a government entity is involved, the time to file may be drastically reduced.  An Attorney with years of experience can guide a family through the process of filing a claim against the party responsible for their loved ones wrongful death.   

I am an Attorney that along with the Attorneys that I work with can handle your case as we have done many times before. Check out my reviews on avvo, yelp, google and elsewhere. 

 

If you or a loved one has been injured by a defective product you may be able to sue under what is known as product liability law. 

California has a well developed body of law to deal with what is known as defective products. 

EXAMPLE OF A DEFECTIVE PRODUCT?

An example could be as simple

as you bought a bike from the local bike shop.  When you drove the bike home the front fork broke and you fell causing injuries to you.  

WHAT IS  A PRODUCT?

A product could be anything from bottled water food all the way to cars motorcyles, motorhomes, a bicycle is a product under the law so in the above example would be subject to product liability law. 

WHEN IS A PRODUCTE DEFECTIVE?

 A product is not defective just because someone is injured while using it.  In fact if you misuse the product then that will be a defense against the injuries you sustained.  For example doing jumps on the road bike could be an example of misuising the bike and could make you liable or offset the damages. 

what are the types of defects? 

A product could be defective based upon a 1. A design defect 2. a manufacturing defect 3. a failure to warn or in some instances all three.

a well manufactured product could still be defective because of the design of the product poses an unreasonable risk under a risk benefit analyis. 

This type of defect may occur if there is an engineering flaw which causes failure bases upon stress loads a failure to incorporate a safety device or some other defect which makes the product unreasonably dangerous.  

If you have bought a defective product and are injured then everyone in the chain of command could be liable for the damages.  So it is best to get the product to an Attorney so they could assess your rights as soon as possible. 

If you have any questions do not hesitate to give us a call and we can help you through this.  

If you have been injured in a car accident including auto, truck accidents, (Big Rig) accdients and motorcycle accidents in teh California Central Valley area we can handle your case and help you get the care you need. 

If you have been injured you should seek legal representation as soon as possible and make sure that your legal rights are being protected. We can set up a consultation with myself and the other Attorneys that I work with to help you. 

THE NEGLIGENT DRIVERS THAT CAUSE ACCIDENTS

The negligent drivers that cause accidents are almost always represented by Attorneys from an Insurance Company.  This lawyer is paid to make sure the injured party does not recieve the compensation they need and deserve.  Myself and the lawyers I work with know the tricks these insurance company Attorneys will throw at you to attempt to keep you from being compensated. 

If you were injured and the accdident was not your fault then give us a call.  Many times trying to handle your case on your own is a big mistake and can cost you in the long run.  you need experienced counsel to help you through this process. 

a good experienced personal injury attorney can help you get the compensation you deserve for your injuries.  We believe we can fight for you and help you get through this time and help you and your family get the help you need. 

if you have questions give us a call 559-441-1418.

 

If you have been injured on someones property because of there negligence in the upkeep of that property you may have certain rights.  You should contact our office as soon as possible so that we can set up an appointment and get you the comsensation that you need. 

in this article I will be discussing premises liability and who is responsible for an accident occuring on someone elses property. 

PREMISES LIABILITY

When enters your property, they have a reasonable expectation of not getting injured.  This means that a property owner or a non owner resident are responsbile for maintaining a relatively safe environment.  This is known as "premisis liability" For example, a courier delivering a package may sue you for injuries if he slips and falls on an oil slick in the driveway.  But if that same courier was intoxicated or failed to take precautions or acted in an unsafe way then he may not have a valid claim.  

The legal theory of premises liability holds property owners and residents liable for accidents and injuries that occur on that property  The kinds of incidents that may result in premises liability claims can range from a slip and fall on a public sidewalk to an injury suffered on an amusement park ride.  Liability is determined by the laws and procedures ot the state in which the injury occured.  In some states the law will focus on the status of the injured party whether they were invited or they were trespassing etc. 

We will have a different blog relating to the occurances where you are injured due to the criminal acts of a third party on somoenes premises.  An example of this would by you are injured in a restaurant or a bar due to another customer attacking you. 

In those type of cases the injury and the occurance must have been forseable, in other words had there been prior injuries the same or sufficiently similiar to the damage you suffered and the property owner could have taken measures to protect you that would not have been to costly.  

If you have been injured on somoenes property please take the time to give us a call so that we can help you through this. 559 441 1418. 

If you are the loved one of a person who died because of the negligence of somoene else you need experienced counsel to lead you though the difficult times. Our  office has helped many clients in this situation give us a call to set up a case evaluation. 

WRONGFUL DEATH CASES

Many times people injured by the negligence of somoene else end up succumbing to there injuires.  Many people wonder how to proceed in such circumstances.  I can give a general overview of what can happen it is not legal advice and you should seek legal advice as to the specifics of your particular circumstanes.  

in some circumstances a personal injur case will already be filed agains on behalf of the plaintiff that may then later succumb to there injuries.  

Under CALIFORNIA CODE OF CIVIL PROCEDURE 377.20 a cause of action for or against a person is not lost by reason of the persons death.  but survives subject to the applicable limitations period    Theses are called survival actions.  the code states that a cause of action survives the death of a person passes to the decendant's successor in interest. ( subject to the probate code) who may bring, or continue the cause of action.  

so if a person had a right to bring a cause of action before there death, whether it be from breach of contract, fraud, medical malpractice, or personal injury, when they die that right passes on to their estate or heirs.  This is similiar to the right to collect a debt owed to the decedent.  the heirs of the decedent would be entitled to collect that debt on behalf of the decedent.  the survival statutes do not create a cause of action they simply keep that cause of action from running out after the death of the plaintiff.  

if the decendant had a cause of action at the time of the death pending then the representatives can file a motion after the death of the person that started the action to keep the action going. 

 

 THE LOSSES RECOVERABLE

Are limited to the loss the decedant sustained before death.  i.e. economic damages medical expenses etc. as well as punitive damages and some other damages recoverable.

If you have any further questions give our office a call and we can set up an appointment to help you.  

If you have been injured in an pedestrian accident give our office a call we will get you through this.  5594411418. 

Every day in California, pedestrians who are crossing in a crosswalk jogging down the street, walking through a parking lot and even walking through a parking lot are struck by negligent drivers.  A pedestrian does not have the luxury of a seat belt to protect them from the impact.  There are several areas where a pedestrian is even more at risk. near a construction site for example where there could be confusion of the site. 

HOW TO PROVE FAULT IN A PEDESTRIAN COLLISSION

Most pedestrian accident cases hinge on whether the pedestrian was where he was at the time of the impact.  This is especially true if the pedestrian was hit while crossing the street.  the defense will always say that the person crossed agains the signal.  If you crossed with the signal and were lawfully where you were supposed to be it could go a long way in the helping your case. 

IMPORTANT COMMONLY USED EVIDENCE IN PEDESTRIAN ACCIDENT CASES

1. Statements of any witnesses particularly witnesses who have no relatiionship with the pedestrian.

2. Photographs ro video (often red light cameras, from neighborhood businesses)

3. Skid marks (indicating location of impact) 

4.Cell phone records indicating the that the negligent driver was texting at the time of the accident.

WHAT WILL BE USED AGAINST YOU IF YOU ARE IN A PEDESTRIAN ACCIDENT 

6. Defense lawyers in pedestrian accidents often contend that the pedestrian was comparatively at fault for the accident. 

7. In California a pedestrian that is even 1 percent at fault may not be able to collect in a lawsuit.

8. Defense lawyers are pulling out all of the stops and try to convince a jury the pedestrian was distracted by a cell phone or mp3 player you will need a good investigator to destroy these defenses.

WHO PAYS FOR YOUR INJURIES SUFFERED IN A PEDESTRIAN ACCIDENT?

One of the first and most important isssues is whether there is insurance coverage to pay for the damages sustained by a pedestrian.  In other words was the driver at fault and did he have insurance to pay for the damages.  If the driver has insurance than the drivers insurance will pay for the injuries.  if the at fault driver does not have insurance or flees the scene then the pedestrians uninsured motorist policy will kick in and pay for the damages. 

If you or a loved on has been injured give us a call we can get you through this you need experienced counsel we can help 559 441 1418. 

 

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Gerald Schwab, Jr.

PERSONAL INJURY ATTORNEY SERVING ALL OF CALIFORNIA

Law Office of Gerald Schwab, Jr.
Fresno Personal Injury Attorney
5588 N Palm Ave,
Fresno, CA 93704
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Phone: (559) 295-0391
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