Category Archives: truck accident
California Supreme Court Finds Liability for Tractor-Trailer Parked Along Freeway
On February 28, 2011, the California Supreme Court decided the case of Cabral v. Ralphs Grocery Co. (Docket No. S178799). This is another case revolving around a deadly motor vehicle accident in which a tractor-trailer was involved. See my previous article here: In Cabral, Plaintiff’s husband, the decedent, was driving his pickup truck home… Read More »
New California Case Holds Tractor-Trailer Drivers to Higher Standard
The California Court of Appeal for the First District (which includes San Francisco and neighboring areas), recently decided a case, [Lawson v. Safeway Inc., (2010) 191 Cal. App. 4th 400] holding drivers of tractor trailers to a higher standard than some other motorists. In the Lawson case, the plaintiffs were the driver of a… Read More »
PROTECTING A LITIGANT’S RIGHT TO PRIVACY
In today’s modern social environment, it has become increasingly important to manage one’s personal and private information in order to protect against identity theft, fraud, and the like. As participants in a lawsuit, plaintiffs and defendants alike are often required to disclose a great deal of personal information, including financial and medical documents, identification… Read More »
DEMAND EQUAL PROTECTION
Equal protection is a clever and timely catch phrase and legal issue in these times of gay rights and mandatory health care. The issue also arises in the purchase and maintenance of UM/UIM (uninsured and underinsured) motorist coverage in the State of California. Following up on the prior blog re: UM/UIM coverage, automobile liability… Read More »
PROTECTING YOURSELF WITH UM/UIM COVERAGE
California requires all motor vehicle operators to maintain liability insurance with limits of at least $15,000. What happens if your injuries in an auto accident exceed that coverage? Uninsured and underinsured motorist (UM/UIM) policies may help. They provide coverage for you, in case you are in an accident caused by a driver with no… Read More »
California’s Good Samaritan Law – Liability for Rendering Emergency Care
California has codified, in Health & Safety Code § 1799.102, what is sometimes referred to as a “Good Samaritan” Law. Prior to August 2009, this Section stated: “No person who in good faith, and not for compensation, renders emergency medical care at the scene of an emergency shall be liable for any civil damages… Read More »
Statute of Limitations – Wrongful Death
According to state law, a wrongful death action is a cause of action for the death of a person caused by the wrongful act or neglect of another. Such a cause of action can be brought by only a limited number of people having some type of relationship to the person that died. The… Read More »
Collateral Source vs. Hanif – The Fight for Plaintiff’s Damages
The legal community in California is astir with news of the developments towards abrogation of the Hanif/Nishihama reduction. With several cases pending decision by California’s Supreme Court, the question for the would-be plaintiff is: what is the difference between Hanif and the Collateral Source Rule? The answer depends on whether the plaintiff has health… Read More »
Insurance Adjuster Wants a Recorded Statement
After a car accident or truck accident, a common question our office hears is whether an accident victim should give a recorded statement to the other driver’s insurance company. Our advice is that the victim should politely decline to give a recorded statement. The insurance company will place you under a lot of pressure… Read More »
