Tag Archives: injury
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 »
ARE YOU RESPONSIBLE FOR YOUR DOG?
Animal bites are commonplace in our society. In many instances, a person bitten by a dog has a right to recover damages from the animal’s owner or other responsible party. California Civil Code Section 3342 states that the owner of any dog is liable for the damages suffered by any person who is bitten… Read More »
What You May Not Know: 998 Offers
Something that is often encountered in personal injury litigation in California is what is commonly referred to as a “998 Offer.” Clients are constantly surprised by the 998 Offer as many have never heard of it. Code of Civil Procedure § 998 is quite lengthy; however, the part that relates most pertinently to plaintiff’s… 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 »
The Real Losers Under MICRA
California enacted the Medical Injury Compensation Reform Act, known as MICRA, in 1975 to combat concerns over the availability and rising price of medical malpractice insurance. This Act established a limitation, or cap, of $250,000 on the amount a person could recover for any pain, suffering, distress, anguish, and loss of quality of life… Read More »
What do I do after an accident?
-Assess your health and the health of anyone else involved in the accident. If any injuries appear to be serious, you should arrange for medical care immediately (dial 911). -Remain calm and non-confrontational. Getting into an argument with the other driver, eyewitnesses, or medical personnel will not help the situation in any way. -Get… Read More »
