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Posts tagged "Personal Injury"

California bill aims to deter cellphone use while driving

These days the technology we have at our fingertips is truly astounding. A cellphone can do so much more than make a phone call. One can use a cellphone to send a text message, email, as a navigation system, play music and more. However, all these acts can be extremely distracting for drivers and could lead to a serious car crash.

How does comparative fault work in California?

Sometimes determining fault in a car accident is relatively straight forward. For example, if a motorist in California is struck by a drunk driver or is rear-ended while waiting at a red light, it can generally be shown that the other driver is at fault. Drunk drivers are breaking their duty of care to drive reasonably under the circumstances and, likewise, a motorist who rear-ends another motorist may have been distracted, speeding or following too close, all breaches of their duty of care.

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.

Table Saw Safety Will Likely Result from Lawsuits Since Neither Industry Nor Government Will Act

CV.jpgAnnually, more than 4,000 Americans suffer amputations while using table saws and nearly 30,000 more need emergency room treatment with lesser injuries. Sadly, these injuries don't have to happen at all. For many years now a table saw manufacturer called Sawstop (http://www.sawstop.com/ ) has manufactured its table saws using technology that stops a table saw blade nearly instantaneously when contact is made with human skin. Years ago I discovered this technology while investigating a table saw accident and had the opportunity to speak with Sawstop's owner. He imparted that the rest of industry has been resistant to this amazing technology because of its cost.

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