Are the School Zones in Sacramento Safe?

School zones were established to slow drivers down in areas around schools where children would be likely to walk. Despite these safety precautions, it is estimated that around 100 children are killed every year walking to or from school, and that another 25,000 children sustain injuries as a result of accidents in school zones.

Children are not as well-versed in traffic laws nor should they be held responsible for safe practices like adults. This places them at a higher risk of being the victim of a car accident. A study investigating the effectiveness of school zones reviewed a total of 2,717 motor vehicle versus child pedestrian collisions. The researchers found that the density of collisions, particularly fatal collisions, was highest in school zones and decreased the farther from the school you moved. The highest proportion of collisions, at 37.3 percent, occurred among 10- to 14-year-olds. The researchers found most of the collisions within the school zones occurred at midblock locations as opposed to intersections.

Driver Responsibility

Drivers are required by law to yield the right-of-way to pedestrians who are legally crossing the street. This includes children who are crossing the street at a properly designated place within a school zone. Even if there is no crosswalk, drivers should still be mindful when driving through a school zone. Though a child may attempt to cross the street “illegally,” you want to ensure you are obeying the speed limit and are aware of your surroundings should you need to stop quickly. It is important to simply assume children are present, thus keeping you alert to the possibility of a child entering the road.

If a driver hits a child in a school zone, especially if the driver was distracted, he or she could face a serious personal injury lawsuit. Personal injury lawsuits are based on proving the negligence of the driver who caused the accident. If a driver is speeding through a school zone, driving with distractions, or simply fails to yield the right-of-way and strikes a child, that driver may be acting negligently and could be responsible for any resulting damages or wrongful death.

Though it is the driver’s responsibility to control his or her vehicle in a school zone, it is also extremely important to educate children on safe road practices. Though children may not fully understand the risks and consequences of their actions, it is still important to teach them safety. Teach your child to always cross in a cross walk, and to look both ways and ensure no vehicles are coming before doing so. As statistics have shown, the majority of school zone accidents do not occur at crosswalks, where it is usually safe to cross the street, but rather happen in mid-road, where children may cross “illegally” and are at a greater risk of getting hit.

Minors and Personal Injury

A personal injury case becomes even more complex when a minor is involved. Although the procedures for collecting compen­sation for a minor can vary from state to state, a child does have a right to compen­sation for damages including pain and suffering just as an adult does. In addition, the parent or guardian has a separate right to be compensated for medical bills paid on behalf of a child.

Generally the child’s parent or guardian will act on his or her behalf when negotiating a settlement. Some states require a judge to approve the child’s representative, but is usually a quick and simple process. A personal injury case involving a minor generally follows the same format as that of an adult, though the child’s representative negotiates and agrees to settlements on the child’s behalf. States have laws governing how the settlement will be given to the child, usually involving a trust. The money may be used later for educational purposes or is made available to cover specific things like medical costs.

Seeking the Help of An Attorney

No matter how minor or serious the school zone accident may be, it is usually to your benefit to speak with a personal injury attorney. Personal injury attorneys have the knowledge and skills to help you determine if your case has merit or if there are other options for you. Even if you only have questions about your legal rights, including compensation for medical expenses as a result of the injury, speak with a personal injury attorney before making any type of settlement.

Top FIVE Things To Do After Any Type of Accident Causing Injury

FIVE THINGS you MUST do Following A Personal Injury Glotzer & Sweat, LLP – Personal Injury Lawyers in Los Angeles, CA

STOP!! You’ve just been in an accident through no fault of your own, you were injured and you are wondering what you need to do? • What information do I need? • Should I take pictures of the area where it happened or my injuries? • Should I report this to my insurance? • Should I talk to the insurance representative for the person who injured me? • Should I go to the doctor right away if I’m hurt? • Which doctor should I see and what kinds of questions should I ask about treatment of my injuries? • Should I call a lawyer and, if so, how soon after the incident should I do so? TOP FIVE THINGS TO DO INCLUDE:
                                     
Get Information and Evidence At the Scene Where the Injury Occurred It is important to obtain enough information at the scene of any accident whether it be a car accident, fall, or any other injury causing event. With the common use of smartphones, this is now easier than ever. Take photos of the following: 1. The driver’s license and proof of insurance for the driver of any vehicle involved in an auto accident. Make sure to focus the camera so that all information is legible. 2. The physical damage to property including automobile property damage to all vehicles involved. 3. The overall view of the accident scene and close up shots of any dangerous condition that may have caused the incident (e.g. slick substances on the floor, protruding objects, holes in the ground, potholes, etc.) or of the positions of the vehicles when they came to rest in an auto accident claim. Write down: The names, addresses and phone numbers of any driver, passenger or witnesses to the accident and the badge number and name of any investigating officer or any Emergency Medical responders at the scene. Request: A copy of a police report from the investigating officer. Usually they will give you a small post card size information card with the “NCIC” or other identification number and instructions on how to request a full report. If not, at least get a business card from the officer(s). In the case of a fall in a retail store, request a copy of any incident report filled out by any employee or manager of the store and ask for a business card or at least the name and employee number for anyone who saw the incident or spoke to the victim afterwards.

Seek PROMPT Medical Attention and Document Your Examination(s) and Treatment(s) You must seek out prompt and thorough medical diagnosis and treatment if you have sustained ANY injury as a result of the incident. This includes the following: • Accepting offers of emergency transport from the scene if necessary • Requesting full and complete diagnosis including x-rays, MRIs, CT Scans or other diagnostic tests that may show the severity of the injuries • Seeking out follow up medical care and treatment AFTER any initial emergency trauma care. This can include a visit to your regular medical doctor and seeking a referral to a specialist such as an Orthopedist, Neurologist or Physical Therapist.

Promptly Report the Incident to Your Own Insurance Carrier Under most policies of insurance including auto insurance, homeowners or renters policies, or business or commercial insurance, there is a duty to promptly report all actual or potential claims. Failure to do so can possibly result in a denial of coverage. When you report the incident, though, just STICK TO THE FACTS: • When did the accident occur? • Where did it happen? • Who was involved? • How did it happen? Be cautious here in describing the incident. Less is more. • “WAS ANYONE INJURED?” Always err on the side of caution when answering this question. Many times injuries do not manifest until days or even weeks following an incident. If you have an attorney, let the lawyer do the reporting of the claim to your insurance company.

 Do NOT Provide Information To ANY Insurance Representative from Any Other Party Involved in the Incident It is important to know that, while you have a contractual duty to report the claim to your own insurance and to cooperate with them in investigating the claim, you have NO such duty with regard to the insurance company for the other side! Insurance carriers are in the business of minimizing payments of claims. One of the major tactics they use is to train their claims adjusters to obtain information from people filing claims against their insureds that can later be used to minimize or deny the claim. DON’T fall into this trap!! For Example, Do NOT: • Consent to a recorded statement either in person or over the phone with the at fault party’s insurance claim’s representative • Sign ANYTHING that is given to you by the insurance company for the other side including: Settlement agreements, releases, waivers, consents to obtain medical information or other protected information such as your social security number or tax information.

Promptly Consult With And Retain A Personal Injury Lawyer According to statistics from the Insurance Research Council (a group who conducts studies for the insurance industry), persons represented by attorneys receive approximately 40 percent higher settlements than those who choose to “represent themselves”. In addition, their stats indicate that 85 percent of ALL dollars paid in auto accident claims go to persons represented by lawyers. Why is this? SIMPLE: Insurance companies are set up to take in premiums and make money through investments of the funds that are “floating” through their accounts. What cuts into these profits? Payments on claims at full value! If they convince you to say and do things before seeking proper legal advice that either completely invalidates your claim or drastically reduces the value ….. THEY MAKE MORE MONEY. The adjuster gets a bonus, the CEO is happy and ALL AT YOUR EXPENSE!

How do I choose a quality personal injury lawyer that cares and will maximize the value of my claim? Reputation, experience, results and compassion. This is what has set Glotzer & Sweat, LLP apart for the past 18 years of representing personal injury victims and their families throughout California including Los Angeles, San Diego, Orange County, and the Inland Empire. For More Information Call Toll Free Statewide @ 1-866-229-0101 or visit our website: http://www.victimslawyer.com