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Personal Injury Archives

Fully autonomous cars to arrive in California

Technology in the automobile industry is increasing at a rapid rate, particularly with regards to self-driving vehicles. Several companies have already put autonomous vehicles on the roads, albeit with a human conductor in them. However, Waymo, Google's autonomous car company, is set to test totally driverless cars on California roadways.

How do motorcycle helmet laws affect a potential lawsuit?

It is well-known that motorcyclists who wear a helmet can experience significantly less serious injuries should they be struck by a car than motorcyclists who do not wear a helmet. In fact, in California all motorcycle riders must wear a helmet when operating their vehicles. However, if a motorcyclist is not wearing a helmet, and is hit by a car, does this preclude him or her from obtaining compensation in a subsequent lawsuit?

Don't Drink and Ride

Driving a car while intoxicated is not the only means by which to get a DUI. Riding a bike or the increasingly ubiquitous Bird or Lime Scooters while under the influence can also lead to such charges. Indeed, Los Angeles has reportedly just concluded its first such case against the operator of a Bird scooter who hit and injured a 64 year old pedestrian while riding the scooter in an intoxicated state: https://apnews.com/ea871e6bb5f149a59f7d883a221de018. The scooter operator allegedly had a blood alcohol level of more than 3 times the legal limit! The operator must pay a fine and restitution, will be on probation for 36 months and will have to complete a DUI program. These scooters are dangerous enough as it is when illegally operated on city sidewalks; adding alcohol to the mix is simply a recipe for disaster for the operator or others.

Do you feel lucky?

I recently saw this sign in an ice skating rink. Everyone in my group was wearing a helmet, and it proved to be a good thing as one person fell and hit her head. Apart from a headache, there was no lasting damage. Had she not been wearing a helmet things would have been much much worse.

Teens in California and other states admit to texting and driving

Teenagers in California who obtain their driver's license may enjoy their newfound freedom. However, their inexperience behind the wheel as well as a general sense of invincibility can lead them to engage in risky behaviors while driving. One dangerous behavior teen drivers could engage in that could ultimately cause a car accident is texting and driving.

California permits wrongful death lawsuits in certain situations

Losing a loved one is never easy. However, when a loved one's death is due to the reckless or negligent act of another person, one's grief could be amplified due to the fact that their loved one died unnecessarily. While this is an emotional time, one will also have to take a step back and look at the big picture, particularly financially. If a person in California suffers damages due to a loved one's wrongful death, he or she may want to pursue legal action in order to be compensated for the financial harms suffered.

Planning a Fourth of July fireworks show? Read this first.

The Fourth of July is a time to relax in the sun, have a barbecue, and enjoy the company of family and friends. It’s also a time of celebration and fireworks. This year, you’ve vowed to skip the crowds at the professional fireworks shows. Instead, you’re going to put on your own fireworks display.

Determining fault for accidents caused by a company-owned vehicle

Morning traffic and afternoon road congestion is a part of the normal routine for many commuters. But what happens when you find yourself hit by a company owned vehicle? Who is liable for the damages sustained? These are great questions to ask that require some clarity in the process of determining liability.

Exponent, Inc.'s Objectivity Called Into Question by Fair Warning

My office represents plaintiffs in personal injury cases and Applicants in workers' compensation cases. In the personal injury setting, defendants often hire a company called Exponent, Inc. to assist in the defense of such claims. Exponent describes itself as "a multi-disciplinary engineering and scientific consulting firm that brings together more than 90 different disciplines to solve important engineering, science, regulatory, and business issues." However, what is meant by "solving issues;" in my few encounters with the company, I have yet to have a case where Exponent validated the claims that my client was making. Is that a reflection of the validity of those cases or something else? Today, Fair Warning reports on Exponent's close connection with industry and calls into question the objectivity of Exponent's work. (Fair Warning is a nonprofit investigative news organization that focuses on public health, safety and environmental issues and related topics of government and business accountability.) Essentially, the article asserts that Exponent's cozy connection with industry leads to result oriented studies and opinions in litigation matters. Check out the article and let us know what you think: http://www.fairwarning.org/2016/12/exponent/.

Lesson to be learned: Speak to a Lawyer Before You Do Anything on a Possible Case

I was contacted today by a woman who was inquiring about filing a medical malpractice action against her former knee surgeon. In late 2012, her surgeon made a mistake during a total knee replacement procedure. He acknowledged doing so, and the woman has been left with chronic problems ever since.

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