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Catastrophic Injury

Catastrophic Injury

Can I File a Products Liability Claim for a Recalled CPAP or BiPAP Machine?


Filed Under: Defective Product, Product Liability, Uncategorized

Philips Respironics recently announced that they would be issuing a voluntary recall for continuous positive airway pressure (CPAP) and bilevel positive airway pressure (BiPAP) machines. The recall came after it was discovered that the noise-reducing foam that is inside the machines can break down and expose users to cancer-causing toxins. For people who suffer from certain health conditions, like sleep apnea, this is a serious issue. They are put in a position where they must decide between using a device that could make them very sick, or stop using the device and continue suffering the symptoms of sleep apnea, including loud snoring, repeated episodes of stopped breathing and waking up abruptly, and gasping for air.

If you suffered a serious health complication after using a recalled CPAP or BiPAP machine, you may be able to file a products liability lawsuit.

What is a CPAP Machine?

CPAP machines deliver a constant flow of oxygen into a person’s mouth and nose as they sleep. A steady stream of pressurized air flows through a filter and into a flexible tube that connects to a mask that is sealed around the nose and mouth. If you are using a CPAP machine, it is important to understand that the machine does not breathe for you, but it does keep your airways open and helps you to breathe more normally.

The devices use a polyester-based polyurethane (PE-PUR) foam that reduces the noise that the machine makes when it is being used. When the foam breaks down, it can release particles and gases that may cause serious health complications if swallowed or inhaled. In fact, it was found that the degraded foam produced a number of potentially harmful chemicals, including the following:

  • Toluene diamide: This is used to make a range of products, like hair dyes. It can cause genetic defects, skin reactions, toxicity, organ damage, fertility issues, and cancer.
  • Toluene diisocyanate: This is used to make foams, coatings, and adhesives. It causes a range of health complications, including skin irritation, respiratory irritation, eye damage, and cancer. If inhaled, it can be fatal.
  • Diethylene glycol: This is used in the manufacturing of other chemicals. It can irritate the skin, eyes, and mucous membranes.
  • Dimethyl diazene: This is a gas that is used to make other chemicals.
  • Phenol, 2,6-bis (1,1-dimethylethyl)-4-(1-methylpropyl): This is also used to make other chemicals.

What are the Symptoms of Exposure to Foam Particles?

Philips reported that there were complaints from patients that they found black debris or particles in the device’s airpath circuit. According to a representative from the opens in a new windowFood and Drug Administration (FDA), these are serious issues that can have devastating, even life-threatening consequences. In some cases, they can cause permanent impairments. There are a wide range of health complications associated with foam particle inhalation or ingestion, including the following:

  • Airway irritation
  • Skin, eye, and respiratory tract irritation
  • Asthma
  • Cough
  • Sinus infection
  • Upper airway irritation
  • Chest pressure
  • Headache
  • Different types of cancer

When the foam inside the machine breaks down or becomes damaged, it can release volatile organic compounds (VOCs), which are toxic gas emissions. Inhaling these gases causes an increased risk of respiratory complications and cancer. The following are example of health risks associated with inhaling the toxic gases released by PE-PUR foam:

  • Airway inflammation
  • Airway irritation
  • Carcinogenic and toxic effects
  • Dizziness
  • Headache
  • Hypersensitivity
  • Skin, eye, nose, and respiratory irritation
  • Nausea
  • Vomiting

When am I Eligible to File a Products Liability Lawsuit?

If you have experienced any serious side effects or health complications after using a recalled Phillips CPAP or Bi-PAP device, you may be eligible to pursue a products liability lawsuit. If you suffered any of the following injuries or serious health issues, a lawyer can assist you with the claims process:

  • Acute respiratory distress system (ARDS).
  • Cancer, including but not limited to bladder cancer, brain cancer, breast cancer, kidney cancer, lung cancer, prostate cancer, and thyroid cancer.
  • Chemical poisoning.
  • Heart attack or heart failure.
  • Kidney damage.
  • Pleural effusion.
  • Reactive airway disease (RAD).
  • Severe inflammation of the ear, nose, or throat.

Which Philips Machines are Impacted by the Recall?

The number of products recalled and the problems it has caused is unprecedented. The recall has put pressure on other manufacturers to provide machines to the people who need them. However, there is a limited supply, and users whose device has been recalled are being told that alternative machines are not available. Users are urged to talk to their supplier to determine whether there are other products available that are not impacted by the recall or that may meet their needs until the Philips device is repaired or replaced. Patients should speak with their health care professional about whether they should continue to use the machine.

The following devices have been recalled:

  • DreamStation ASV
  • DreamStation ST, AVAPS
  • SystemOne ASV4
  • C-Series ASV
  • C-Series S/T and AVAPS
  • OmniLab Advanced+
  • SystemOne (Q-Series)
  • DreamStation
  • DreamStation Go
  • Dorma 400
  • Dorma 500
  • REMstar SE Auto

What Should I Do if My Device is on the Recall List?

If you are one of the millions of Americans that suffer from sleep apnea, you may rely on a CPAP or BiPAP machine to keep your airways open while you sleep. In addition to helping you breathe normally, a CPAP or BiPAP machine prevents you from waking up multiple times throughout the night, which means you get a better night’s sleep. However, if you discover that the machine you are using has been recalled, it is important that you take the following step to ensure that your health is protected:

  • Do not stop using the machine until you talk to your doctor. A doctor will determine whether there is a device that is a safe and effective alternative to the recalled machine. If an alternative therapy is not available or there is a limited supply, your doctor may recommend that you continue using the recalled machine, particularly if the benefits of using it outweighs the risks of stopping therapy.
  • Be sure to follow the manufacturer’s instructions for cleaning. Avoid using ozone cleaners, as these may cause the foam to break down.
  • Register your device on the official recall website. This will keep you informed of all updates related to the product recall.

How can a Lawyer Help Me With My Case?

If you have been diagnosed with cancer or any other health complication that may be linked to the machine that you have been using, an experienced lawyer can assist you. In order to have a successful outcome, you will need to compile evidence that the device caused your health issue. This may include medical records, test results, the name and model of the device you used, and how long you have been using the device.

Products liability cases involving medical devices can be complicated, so it is highly recommended that you have a skilled lawyer on your side who will protect your legal rights. Depending on the severity of your injuries and other key factors, you may be entitled to the following damages:

  • Medical expenses
  • Future medical costs
  • Lost wages
  • Loss of future earning capacity
  • Pain and suffering
  • Loss of consortium
  • Loss of enjoyment of life

Los Angeles Products Liability Lawyers at ACTS Law Represent Clients Injured by Recalled CPAP and BiPAP Machines

If you have suffered a serious health complication after using a recalled CPAP or BiPAP machine, do not hesitate to contact our Los Angeles products liability lawyers at ACTS Law. Protecting your legal rights is our top priority. To schedule a free, confidential consultation, call us today at 833-ACTS-LAWopens phone dialer or contact us online. With offices located in Los Angeles and San Diego, we serve clients throughout Southern California.

Why Should I Only Discuss Details of My Accident With My Lawyer?


Filed Under: Catastrophic Injury, Personal Injury

A car accident can be traumatic, overwhelming, and stressful, particularly when the collision causes significant property damage and catastrophic injuries. It is not uncommon for the at-fault driver’s insurance company to contact the injured party directly. They may ask about the victim’s injuries, the damage to their vehicle, and other details about the accident. However, it is important for the victim to understand that the other motorist’s insurance agent does not have their best interests at heart.

The insurance company does not want to pay a large settlement amount, and they will resort to a range of tactics to avoid doing so. That is why it is crucial that car accident victims only discuss the details of their case with a dedicated lawyer who will protect their legal rights, address all of their questions and concerns, and negotiate the best possible settlement offer.

What Should I Do if the Other Driver’s Insurance Company Contacts Me?

After a car accident, there are a number of steps that one should do. For example, if a motorist is injured in a car accident, they should call 911, collect as much evidence from the scene as possible, and seek immediate medical attention. In addition, they should contact their own insurance company in order to file a claim.

If the injured party is contacted by the other motorist’s insurance company, they are not legally required to speak to that person. In fact, they should avoid speaking to the other party’s insurance company, particularly if they plan to file a personal injury claim. Insurance companies are in the business of making money, so they will use a range of tactics to try to avoid paying costly settlements, including trying to get the injured party to say things that can be used against them. If a motorist is contacted by the other driver’s insurance company, they should notify their lawyer who can speak on their behalf.

Why Should I Avoid Speaking to the Other Driver’s Insurance Company?

There are a number of circumstances where the injured motorist should avoid speaking to the other driver’s insurance agent, including:

  • They suffered severe injuries in the accident that required hospitalization or long-term health complications.
  • The costs associated with treating the injuries totaled more than $2,000.
  • The injuries caused the victim to miss more than a couple of days of work or school.
  • There is a dispute over which driver caused the accident.
  • Multiple people were injured in the accident.
  • The motorist is being pressured by the insurance company.
  • The motorist is confused or unsure about how the accident happened.

One exception to this rule is if the other driver was clearly at fault, but they refuse to speak with their own insurance company. If that is the case, the at-fault driver’s insurance company will have no information about the accident, who was responsible for causing the collision, the extent of the property damage, and if there were serious injuries involved.

If the injured motorist does not speak to the other driver’s insurance company about the details of the accident, it could take months before they receive a settlement check. In some cases, the insurance company may not issue a check at all if they have no information about the accident.

What Should I Keep in Mind if I Have to Speak to the Insurance Company?

The following includes important tips to keep in mind when speaking to the other driver’s insurance company:

  • The insurance company wants to pay out as little money as possible. This is important for motorists to consider any time they are speaking to the other driver’s insurance company. They will likely try to look for any evidence that their customer was not at fault, that the injured motorist was at fault, or that the injuries were minor. Motorists should never share details about their injuries with the other motorist’s insurance company or downplay the seriousness of the injuries. It is also important that the injured victim seeks medical attention, even if the injury does not seem serious. Failing to do so can result in a potentially serious injury, like a traumatic brain injury or internal bleeding, to go undiagnosed. In addition, the other driver’s insurance company will use this information to argue that the motorist’s injuries must not have been very serious if they did not think they needed medical attention.
  • Motorists should always think twice before sharing information. Even a seemingly innocent statement about some detail from the accident can be twisted by the other motorist’s insurance company and used as a basis for refusing to pay.
  • Do not volunteer information. Motorists should only answer questions that are asked. They should not elaborate or provide any additional information when answering a question. In addition, they should never agree to have their statement recorded, either over the phone or in writing. This may prevent the motorist from modifying their statement if the extent of their injuries are more serious than they thought.
  • Avoid talking about the injuries. Motorists should never provide information about their injuries to the other driver’s insurance company. Claims adjusters often try to talk to the injured party immediately following the accident before they have had a chance to process what happened. They do this in order to get a general idea of what the case may be worth, which is also known as a reserve value. That is the amount they will pursue, even though it is often much lower than the actual costs associated with the victim’s injuries.
  • Do not agree to a settlement over the phone. Insurance companies often contact the injured parties shortly after the accident before they have a realistic idea of the total expenses. They may try to pressure the victim to accept an initial settlement offer, but this is often a low offer that does not come close to covering the total costs related to the accident.
  • Do not speculate about details of the accident. If the motorist is unsure about certain aspects of the accident, they should simply tell the insurance company that they do not know how specific events transpired.
  • Motorists can seek assistance from their own insurance company’s adjuster. They can provide additional information and negotiate a fair settlement offer. This will also prevent the motorist from accidentally saying something that will hurt their case and jeopardize the claim.

How can a Lawyer Help Me?

Hiring an experienced lawyer means that the injured victim has a skilled legal professional on their side who has a thorough understanding of the specific laws and procedures that could have an impact on the case. A dedicated lawyer will also be able to anticipate the tactics that the other driver’s insurance company will resort to, and they will prepare a strategic plan to secure the best possible settlement. The following are additional examples of how a lawyer can help a client:

  • Collect, organize, and analyze all evidence and records, including medical records, police reports, and copies of medical bills.
  • Communicate with the other motorist’s insurance adjuster.
  • Negotiate with insurers to secure the best settlement offer.
  • Work together with lienholders to ensure that the maximum amount of money goes to the injured party as opposed to the lienholder, including opens in a new windowWorkers’ Compensation, health, or disability benefits.
  • Explain the difference between pursuing a car accident claim versus a lawsuit. While both seek to recover compensation for expenses associated with the accident, including property damage and injuries, a car accident claim happens when the injured party notifies the insurance company of a loss and seeks to collect financial compensation under the provisions of the insurance policy. A personal injury lawsuit is a type of formal legal action, where the injured motorist sues the at-fault driver in an effort to secure financial compensation. There are a number of steps involved in filing a personal injury lawsuit, and a lawyer can help with the entire process.

Encino Catastrophic Injury Lawyers at ACTS Law Assist Clients With Every Phase of the Claims Process

If you were seriously injured in a car accident, you are urged to contact the Encino catastrophic injury lawyers at ACTS Law. In order to ensure that your legal rights are protected, it is imperative that you have a dedicated legal team on your side. We will walk you through every step of the claims process. To schedule a free, confidential consultation, call us at 833-ACTS-LAWopens phone dialer or contact us online. With offices located in Los Angeles and San Diego, we serve clients throughout Southern California.

Why Homeowners Should Consult a Lawyer on Construction Defects


Filed Under: Catastrophic Injury, Construction Defects, Property Damage

Homeowners across the globe are struck with sorrow and fear from the ongoing tragedy in Surfside, Florida, as investigators search for survivors from a condominium building that partially collapsed suddenly in the early morning hours on Thursday, June 24.
Most unfortunate here, is that the the condominium building, called opens in a new windowChamplain Towers South, had documented structural problems. In a 2018 survey of the building, major problems were pointed out, including structural damage in several areas, specifically listing below the pool deck. Residents said that the garage had leaks.
“The failed waterproofing is causing major structural damage to the concrete structural slab below these areas,” the 2018 report by Morabito Consulting says, adding that the team found “significant cracks and breaks in the concrete.”
It was estimated back then that the repairs would run about $9 million.
In a letter from the condominium homeowner’s board in April of 2021, it was noted that those defects were becoming significantly worse.
“The concrete deterioration is accelerating,” the April 9 letter to residents states. “The roof situation got much worse, so extensive roof repairs had to be incorporated,” says the letter, which was acquired by opens in a new windowCNN broadcaster Erin Burnett.
The letter that Burnett shared on television last week also cites deterioration in the concrete.
“When you can visually see the concrete spalling (cracking), that means that the rebar holding it together is rusting and deteriorating beneath the surface,” the letter states.
The Champlain Towers South Homeowners Board was looking at a much higher bill for repairs in 2021, and the estimates had grown to $15 million. The board approved the move.
But that did not stop the tragedy that first hit last week and continues today.
Homeowners who are made aware, or become aware, of a structural problem should consult with a construction defects attorney, regardless of whether or not there is a homeowner’s association involved. In this case, there was a homeowners’ association, and reports were made and homeowners were being assessed much higher fees, but the tragedy happened anyway.
AT ACTS Law, our property damage attorneys help clients with claims for construction defects, mudslides, wildfires and much more. We know that buying a home is the biggest investment most of us make in our lifetime, and protecting it will sometimes take a fight. Our property damage team is guided by the expertise of Terry Bailey, a former contractor who understands building codes, homeowners’ association procedures and the construction process.  Mr. Bailey has recovered over $100 million for plaintiffs in construction defect, insurance bad faith, and other property damage actions. If you need to have an advocate to get construction repairs done in your home, contact us online or call at 833-ACTS-LAWopens phone dialer to schedule a free consultation today. Located in San Diego and Los Angeles, we serve clients throughout Orange County and Los Angeles County, including Beverly Hills, Calabasas, Malibu, Santa Monica, Long Beach, Hidden Hills, Pasadena, San Marino, Brentwood, Encino, Newport Beach, and Foresthill.

What are the Most Common Accidents that Occur During the Summer?


Filed Under: Catastrophic Injury

For the weeks leading up to summer, people anticipate the sunny days, warmer temperatures, and the outdoor activities that go along with them. After a long winter, the sunny days and warmer nights are a welcome change. In addition, since the sun sets much later during the summer, the longer days mean that people can enjoy a wide range of outdoor activities well into the evening. However, although all of these factors are what make summer so appealing, they can also increase the risk of injury if people are not careful. What may seem like a harmless and enjoyable activity, such as swimming, going to a cookout, or attending Fourth of July fireworks, can quickly become a hazardous situation that results in catastrophic injury. People can continue to enjoy these and other common summertime activities by making safety a priority and keeping some important safety tips in mind.

With significantly more travelers on the road taking trips and visiting friends and family, car accidents are one of the most common summertime-related accidents. In fact, the period of time between Memorial Day and Labor Day is known as the 100 Deadliest Days of Summer, owing to the spike in car accidents during this period of time. Inexperienced teen drivers are at particular risk for being involved in serious car accidents during this time. According to the opens in a new windowCenters for Disease Control and Prevention (CDC), teen drivers between the ages of 16 and 19 are three times more likely to be involved in a fatal car accident compared with drivers aged 20 and older.

In addition to the increased number of motorists on the road, there are more motorcyclists, bicyclists, and pedestrians taking advantage of the warm weather to enjoy the open road, go for a bike ride, or take a walk. When a car accident involves a pedestrian, a bicyclist, or a motorcyclist, the injuries tend to be severe, since there is nothing protecting them from the force of the impact, except a helmet if the injured victim was wearing one. Motorists are urged to use extra caution, make sure that their vehicle has been properly maintained, avoid distractions, and get plenty of rest before hitting the road, particularly if they are taking a long road trip.

What are Other Common Summertime Injuries?

In addition to car accidents, there are a range of other activities associated with the warm weather that can increase the risk of injuries. The following are examples of injuries that are also common during the summer months:

  • Slip and fall injuries: This type of accident is common during the summer season when people spend more time outside. If a surface is slippery, or a sidewalk is cracked or uneven, there is an increased risk for slip and fall injuries. Depending on the nature of the accident, injuries caused by slip and fall accidents can be quite serious. If the property owner failed to maintain their property or make the necessary repairs to curbs, stairs, sidewalks, or other surfaces, they may be liable for the resulting injuries.
  • Burn injuries: There are a range of activities and events during the summer that can cause burn injuries if people do not take the necessary safety precautions. For example, barbecues can cause serious burn injuries that are extremely painful. Children should be supervised at all times when grills are being used. Adults who are using the grill should use caution, avoid any distractions, and pay close attention to the grill. Campfires can also cause serious burn injuries if people get too close to the fire. There is also an increased risk of serious burn-related injuries during the Fourth of July holiday. According to the opens in a new windowConsumer Product Safety Commission (CPSC), close to 13,000 people are seriously injured each year in accidents related to fireworks. Although the majority of fireworks injuries are not life-threatening, they can be very painful. In more extreme cases, they can result in lost limbs, such as hands and fingers.
  • Boating accidents: If the person operating the boat is distracted, under the influence of drugs or alcohol, or is operating the boat in an unsafe or aggressive manner, the occupants of the boat and other people in the vicinity of the boat are at risk of being seriously injured in a boating accident. In addition, if there are children on the boat who are not wearing life vests, there is a risk of a drowning accident.
  • Heat-related injuries: During the summer months, the temperature can get into the 80s, 90s, and even over 100 degrees. The heat index is the so-called feels-like temperature that combines the air temperature with the relative humidity. When the temperature and humidity start to climb, this can cause a range of heat illnesses if people do not take the necessary precautions. Common heat-related illnesses include:
    – Heat rash: This is a stinging skin irritation that causes the skin to turn red.
    – Heat cramps:     These are painful muscle spasms that occur from dehydration and loss of nutrients from excessive sweating.
    – Heat exhaustion:     Prolonged hours in the extreme heat with not enough water can cause heavy sweating and a fast, weak pulse and rapid breathing.
    – Heat stroke:     This occurs when the body overheats because of prolonged exposure to extreme heat. When the body temperature reaches 104 degrees Fahrenheit, it can cause dizziness; headache; heavy sweating; a fast, weak pulse; and nausea and vomiting. This is a life-threatening condition that requires immediate medical attention. In extreme cases, heat stroke can be fatal.
  • Accidental drowning: According to the CDC, drowning is the fifth leading cause of unintentional death for people of all ages. Unfortunately, 20% of people who drown are age 14 or younger. The CPSC reports that approximately 400 fatalities per year are the result of drowning accidents in pools or spas. That does not include drowning accidents that occur in lakes or oceans. If a drowning accident occurs on private property, the owners of the pool may be held liable for the accident.
  • Sports injuries: Soccer, baseball, softball, and track and field are popular sports that children and adults alike play during the warm summer months. In addition to the increased risk for issues such as heat exhaustion and heat cramps from a lack of proper hydration, concussions, sprains and strains, and broken bones are other common sports-related injuries that can occur during the summer months. In severe cases, a serious concussion, or any other trauma to the head, can cause a traumatic brain injury (TBI).

How can I Avoid Injuries Associated with the Warm Weather?

Most injuries can be avoided by using common sense and keeping the following important safety tips in mind:

  • Drive safely: Motorists are strongly urged to use extra caution when driving during the summertime, particularly teen drivers who are more prone to accidents. That means avoiding any distractions, getting enough sleep before driving, obeying the rules of the road, always wearing a seat belt, and never getting behind the wheel after consuming alcohol. Motorists should also pay close attention to other drivers, motorcyclists, bicyclists, and pedestrians in the vicinity.
  • Stay hydrated: This is one of the easiest and most effective ways to prevent heat-related injuries such as heat exhaustion and heat stroke. It is highly recommended that people drink plenty of water throughout the day, as well as sports drinks that replace electrolytes if the heat index is high and people are engaging in sports or other activities in which they are sweating a great deal.
  • Wear the appropriate gear: Safety gear can save lives and reduce the severity of injuries in the event of an accident. From bicycle helmets and seat belts to life jackets and goggles, these can significantly reduce the risk of severe injuries and fatalities during the summer months.
  • Sun protection: In order to avoid painful sunburn and reduce the risk of skin cancer, it is highly recommended that people wear an effective sunscreen. The sun is strongest during the hours of 10:00 a.m. and 2:00 p.m., so it is important to protect the skin during this time by using a broad-spectrum sunscreen that protects against all ultraviolet radiation. The sunscreen should have a sun protection factor (SPF) of at least 30 and be reapplied every two hours.
  • Use extreme caution near water: When spending time at the beach, a lake, or a pool, safety should be a top priority at all times, particularly when young children are playing in the water. Never leave children unattended by water and only swim in areas where a lifeguard is on duty.

Los Angeles Catastrophic Injury Lawyers at ACTS Law Represent Victims of Summertime Accidents

If you or someone you know was seriously injured in an accident due to the negligence of another, you are urged to contact the Los Angeles catastrophic injury lawyers at ACTS Law at your earliest convenience. Whether the injury was related to a car accident, a slip and fall accident, a boating accident, or a defective product, we will fight for the financial compensation you deserve for your injuries. Our dedicated legal team will thoroughly explain the claims process, address all of your questions and concerns, and ensure that your rights are protected at all times. To schedule a free, confidential consultation, call us today at 833-ACTS-LAWopens phone dialer or contact us online. With offices located in Los Angeles and San Diego, we serve clients throughout Southern California.

How Common are Wide-Turn Truck Accidents?


Filed Under: Catastrophic Injury, Trucking Accidents

When a passenger vehicle is involved in a wide-turn truck accident, the damage to the passenger vehicle is often extensive and the occupants of the vehicle often suffer catastrophic injuries, particularly if the passenger vehicle gets caught beneath the truck’s trailer. If a wide turn causes a head-on collision from the truck veering into oncoming traffic, an accident can result in tragic fatalities. Unfortunately, any time a large commercial truck is turning at a busy intersection or traveling in an urban area where the turn lanes are narrow, and there is limited space for the vehicle to maneuver, these accidents are surprisingly common. If a motorist is seriously injured or killed in a wide-turn truck accident, a skilled truck accident lawyer will assist the victim, or the victim’s family, with the claims process and secure the financial settlement he or she deserves.

What are the Different Types of Wide-Turn Truck Accidents?

Owing to the massive size of the average commercial truck, turns can be very difficult to navigate, particularly when driving through city streets and local intersections. Large trucks do not have the same turning radius as the average passenger vehicle, so when a truck driver needs to make a right turn, he or she often needs to do so from the far left lane. In some cases, a large truck will need to swing into an oncoming lane of traffic in order to complete the turn. Truck drivers are trained to know how to safely navigate these types of turns without hitting another vehicle. However, if a truck driver makes a mistake when making a turn, it can cause a serious accident.  The following are common types of wide-turn accidents:

  • Swinging too far to the left: Mastering a wide turn takes experience. Although all truck drivers understand that they must swing left to make a right turn, only an experienced driver knows exactly how far left he or she needs to go. Oftentimes, a truck driver will overcompensate and take a turn too wide, which increases the risk of colliding with other vehicles in the vicinity.
  • Not swinging wide enough: When a truck driver attempts to negotiate too tight of a turn by failing to swing wide enough, the truck can run over a curb or sidewalk, or veer into a bike lane. If there are pedestrians or bicyclists in the vicinity, this can cause a devastating accident. In addition, if the truck driver takes the turn too tight, there is an increased risk of the truck tipping over. If this happens in a busy urban area or at a busy intersection, the truck can crush nearby vehicles and cause devastating injuries and fatalities.
  • Failing to warn drivers of the intent to turn: Today’s large trucks have warnings on the back of the trailers that warn other motorists in the vicinity that they intend to make a wide turn. This tells motorists that they need to slow down, move out of the truck’s blind spot, and give the truck driver plenty of room to make the turn.

Why Do Wide-Turn Truck Accidents Occur?

According to the opens in a new windowFederal Motor Carrier Safety Administration (FMCSA)opens WORD file , large commercial trucks require approximately 55 feet of space in order to safely complete a turn, and truck drivers are required to signal 100 feet before making a turn. In addition, owing to their high center of gravity, large trucks must maneuver these turns at a safe speed, or they run the risk of tipping over if the truck is going too fast when making a sharp turn. There are a range of factors that can cause a wide-turn accident. In most cases, the truck driver is somewhat responsible for the accident, although there are a number of other parties who may also be liable, including the truck company and the truck manufacturer. This type of accident can also occur if a motorist in the vicinity is distracted or not paying attention and fails to notice the truck driver signaling his or her intention to make a turn. The following factors can significantly increase the risk of a wide-turn truck accident:

  • Driver inexperience: Truck drivers are required to complete extensive training before obtaining a commercial driver’s license (CDL). However, new truck drivers lack the experience necessary to successfully navigate wide turns, which can make them more likely to make a mistake.
  • Distracted driving: When completing a wide turn, truck drivers must keep their attention focused on the task at hand. That means checking all blind spots, watching for oncoming traffic, and ensuring that they complete the turn safely and effectively. Becoming distracted by a phone call, a text, or anything else that takes the truck driver’s attention away from the process of completing the turn can increase the risk of a serious accident.
  • Drunk driving: Driving while under the influence of alcohol is dangerous under any circumstances, but it can be deadly when operating a massive commercial truck. Alcohol impairs a driver’s coordination and his or her ability to concentrate, to make quick decisions, and to react quickly to other motorists who enter the truck’s blind spot. Drunk driving can impair a truck driver’s ability to safely navigate and complete a wide turn.
  • Failure to check the truck’s blind spots: Large commercial trucks have significant blind spots on all four sides of the rig, particularly on the right side. If a truck driver fails to check all blind spots before attempting the turn and a passenger vehicle appears alongside the truck, this can result in a wide-turn accident.
  • Failure to use the appropriate turn signals: If the truck driver fails to warn other drivers of his or her intent to make a wide turn, the motorists in the vicinity may be unaware that the truck is turning and be unable to avoid a collision.
  • Lack of adequate training: All commercial truck drivers are required to complete a comprehensive training program, which includes learning how to safely navigate wide turns. Trucking companies have a responsibility to provide this training and ensure that each driver completes the program before he or she is allowed to get behind the wheel of a large truck. If a truck driver did not receive the proper training and causes a wide-turn accident, the driver and the trucking company may be held liable for the accident and any resulting injuries.
  • Backing up to complete a turn: If a truck driver attempts to make a wide turn and realizes that they cannot complete the turn, the driver may need to back up and try again. If they fail to make sure there are no other motorists, pedestrians, or cyclists in the vicinity before backing up, it can cause a serious accident.

Who is Liable for a Wide-Turn Accident?

There are a number of parties that may be liable for a truck accident, including the truck driver, the truck company, the manufacturing company, and the loading company. However, when it comes to wide-turn accidents, it is usually caused by some type of driver error. Making a wide turn requires the truck driver to pay close attention to other motorists in the vicinity, use the appropriate turn signals, check all blind spots, and use extreme caution while making the turn. Common wide-turn errors include the following:

  • Failing to slow down enough
  • Making too wide of a turn
  • Failing to check all of the truck’s blind spots
  • Failing to signal while turning

Many of these common errors are more likely to occur if the truck driver is speeding, distracted, or driving recklessly. A skilled truck accident lawyer will conduct a thorough investigation and determine who is responsible for causing the accident.

What Damages May I Receive in a Wide-Turn Truck Accident Claim?

There is no question that truck accidents, including wide-turn accidents, are some of the most devastating accidents, and it is usually the occupants of the passenger vehicles who suffer the most severe, often fatal injuries. If it is determined that the truck driver made a negligent wide turn, the injured victim may seek financial compensation by filing a personal injury lawsuit against the truck driver or the truck company. The victim may be eligible for the following damages:

  • All medical expenses associated with the injury
  • Lost wages if the injured victim is unable to return to work
  • Loss of future earning capacity
  • Pain and suffering
  • Disfigurement
  • Disability
  • Loss of enjoyment of life
  • Loss of consortium
  • Property damage
  • Wrongful death if the accident resulted in fatalities

Los Angeles Truck Accident Lawyers at ACTS Law Advocate for Victims of Wide-Turn Truck Accidents

If you or a loved one was seriously injured in a wide-turn truck accident, you are urged to contact the Los Angeles truck accident lawyers at ACTS Law at your earliest convenience. We will investigate the events leading up to the accident, determine all liable parties that are responsible for causing the accident, and walk you through every step of the claims process. If the driver made a negligent wide turn, we will protect your legal rights and fight to ensure that you receive the financial compensation you deserve for your injuries. To schedule a free, confidential consultation, call us today at 833-ACTS-LAWopens phone dialer or contact us online. With offices located in Los Angeles and San Diego, we serve clients throughout Southern California.

A Message to Our Clients About Coronavirus COVID-19:
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A Message to Our Clients About Coronavirus COVID-19

At Abir Cohen Treyzon Salo, LLP, we view the safety and well-being of our clients, staff and business partners as our highest priority.

The situation regarding the COVID-19 virus is continually changing, and we are following all recommended guidelines to stay healthy.

Currently, our law firm is remaining open to serve your legal needs.

We are happy to arrange for phone or video consultations should you have any concerns about keeping your scheduled appointments with us. We are also able to exchange documents via secure drives or email.

Should you have any concerns regarding an upcoming meeting with us, please contact us online or call (833) ACTS-LAW.

Thank you and take care.