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Posts tagged "Personal Injury"

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.

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/.

Two Construction Site Deaths Underscore Need for Workplace Safety

The Sacramento Bee reports that a Southern California Edison contractor has died in a construction accident. According to reports, the man was working at a construction site in West Hollywood when he was crushed between a construction crane and a trailer. He had been employed by Edison to perform electrical work in connection with the building of a large hotel and residential complex on the Sunset Strip. California OSHA is conducting an investigation of the accident.
This is the second fatal construction accident in Los Angeles in less than a week. Just a few days earlier, a construction worker died on his second day on the job after falling from the 53rd floor of the Wilshire Grand Center tower.
Incidents such as these - falls from building and "being caught in-between" represent a large percentage of worker injuries and deaths. Other often cited causes of serious personal injuries and deaths at construction sites include workers being struck by objects and electrocutions.
Perhaps not surprisingly, according to the Occupational Safety and Health Administration (OSHA) the top three federal safety violations at construction sites include failing to adequately protect workers from falls, poor communication with workers about hazards, and safety lapses on scaffolding.
Where a general contractor/owner of a site creates an unreasonably hazardous condition at a work site, and a worker is injured, it is important to seek the advice of an experienced California construction accident attorney who can advise you concerning your rights. While in most situations, it may be possible to obtain California workers compensation benefits, you may also be able to bring a lawsuit for civil damages. By filing a civil lawsuit, you may be able to recover greater compensation than is provided for by workers compensation laws. Important deadlines must be complied with or compensation may be denied. A skilled personal injury lawyer can explore your options and help you determine the best options for recovery in your circumstance.
For more information, please contact the dedicated Oakland construction accident lawyers at Butler Viadro, LLP for an immediate consultation.

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