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California Legal Blog

Motor vehicle accidents and settlement negotiations

When victims of motor vehicle accidents in California decide to take legal action, they decide to do so with the intent of imposing liability and recovering compensation. Sometimes this requires aggressive litigation at trial. In many cases, though, these matters can be settled through negotiations. Before settling a case, though, a car accident victim needs to consider several factors to determine if settling is in his or her best interests.

The first and most obvious thing to assess is the strength of the case. One way to conduct this analysis is to look at the outcomes of cases with similar facts. Then, using a critical legal eye, a car accident victim can determine the likelihood that he or she will succeed at trial. This requires analyzing the evidence at hand and how the law applies to the circumstances of one's case. Such an analysis may unveil legal challenges such as witness unavailability, evidence counter to one's position and even adverse rulings in similarly situated cases. The last step in determining the strength of a case is to look at the strengths and weaknesses of the defendant's case.

Uptick in cellphone use could lead to motor vehicle accidents

There's no doubt that car accidents continue to be a problem in the Gold River area and surrounding communities. In fact, as electronic devices continue to become more universally used, distracted driving has seemingly become more frequent. Those who take their eyes off the road, even for a moment, can lose control of their vehicle, causing them to veer into traffic, drive over the posted speed limit and blow through stop signs and traffic signals.

Although state laws have attempted to curtail distracted driving, the truth is that cellphone usage while driving is becoming riskier. Even though cellphone use itself is down, motorists were manipulating their phones by sending text messages and surfing the Internet 57 times more frequently in 2018 when compared to 2014 figures. These actions can result in serious injurious or even fatal motor vehicle accidents.

A primer on premises liability lawsuits

Californians who enter the premises of another rarely give much thought to their own personal safety. This is especially true when they are visiting with friends or shopping. This is because the law provides protections for those who are invited onto the premises of another. Those property owners who fail to ensure that their premises are safe for others may be held liable for any injuries that the hazardous conditions on their property may cause.

Before an individual can succeed on a premises liability lawsuit, though, he or she must prove certain legal elements. First, an individual must establish his or her legal status as a visitor. This is important because the identified legal status dictates the applicable legal standard. Invitees, such as a store customer, are owed the highest standard of care. This standard requires a property owner to exercise reasonable care to identify and remedy hazardous conditions.

Be on the lookout for brain injury symptoms after a crash

Car crashes can cause fatal injuries or leave someone with severe physical disabilities. Those who experience a crash often consider themselves fortunate if their injuries are seemingly minor in the immediate wake of the accident. The unfortunate truth is that not all serious injuries have obvious symptoms immediately.

Some of them take several days or even weeks to develop. This is particularly true in cases of brain injury. Traumatic brain injuries (TBIs) are some of the most debilitating and severe injuries that a person can suffer. You should watch for symptoms for some time after a crash. Getting timely treatment is important to improving your prognosis and your ability to connect with compensation from the person or entities responsible for the crash.

A quick look at some important California wage laws

Many Californians are used to receiving steady and reliable paychecks. In fact, these payments may be so consistent that they don't realize the extensive legal framework in place to protect employee wages. All too often, though, employers fail to adhere to these laws, which can cause serious financial harm to expectant workers. Therefore, it is important to have a basic understanding of wage and hour laws. By doing so, individuals can better determine when a wage and hour claim is appropriate.

Under California law, in general workers must be paid at least two times per calendar month. However, certain executive, administrative and professional employees may be paid once monthly. Additionally, employers must identify a consistent payday and post that date so that employees are informed. Failing to adhere to these laws may result in legal action, especially when payment is withheld for any reason.

We fight for those injured in motor vehicle accidents

A motor vehicle accident can have devastating results. While property damage is almost always a given, the toll taken on the individuals involved oftentimes far exceeds these losses. Victims in California can be subjected to extensive pain and suffering, and their physical limitations can make life extremely difficult. On top of that, a car accident victim may suffer emotionally and the financial ramifications can become overwhelming. Medical expenses can mount, rehabilitation costs can soar and lost wages can force a family to struggle to make ends meet. This may be especially true for those who suffer brain and spinal cord injuries.

As scary as this may sound to accident victims, the good news is that they may be able to find accountability by imposing liability on a negligent driver who caused their injurious accident. If successful on one of these claims, a victim may be able to recover compensation for his or her damages. This can allow an individual to turn the page, move past the accident and focus on the life that is ahead of him or her.

Hours of service seek to prevent motor vehicle accidents

Semi-trucks make up a significant portion of the traffic in California. When driven safely, these vehicles can serve an important economic purpose by moving goods from place-to-place in a timely manner. Sometimes, though, these trucks are driven negligently, which can result is a motor vehicle accident that leaves innocent and unsuspecting individuals seriously injured.

The federal government tries to prevent these truck accidents from occurring by implementing and policing several regulations. Amongst them are those that pertain to hours of service. These regulations seek to ensure that truckers are not over-worked and are well-rested while driving. Those who fail to adhere to these regulations can increase the risk of causing a car accident that has serious ramifications for all involved.

Spinal cord injuries: Type and location of damage matter

Some accidents can cause catastrophic injuries, including ones to the spinal cord. An estimated 450,000 people in this country have this type of injury and an estimated 11,000 more happen each year. These are expensive injuries that can require extensive medical care and personal care assistance.

Victims of spinal cord injuries can suffer from a variety of impacts due to their condition. The exact effects depend on the type and location of the injury. Higher level injuries usually have more serious and limiting impacts.

The types of defects that give rise to products liability

Consumers in California who buy products expect those products to be safe to use. There are even a number of regulations in place to help ensure the safety of these products. Yet, far too often unsuspecting individuals are harmed when they use consumer goods as they are intended. This is unacceptable and may serve as the basis of a products liability lawsuit.

There are three types of defects that can form the foundation of a products liability lawsuit. The first is a design defect. Here, the product was flawed from the start. Under these types of claims, a victim must show that the design of the product itself rendered it unsafe for consumer use. The second type of defect is a manufacturing defect. With this type of defect, the product is designed in a way to ensure safety, but something goes wrong in the making or assembling of that product, thereby making it unsafe even when used as intended. The third defect type involves marketing defects. This type of defect can include inadequate warning labels, poor instructions on how to use the product appropriately and safely, and other improper labeling.

How does alcohol affect a Californian's driving ability?

Although most people in California know that drunk driving is extremely dangerous, there are still a fair number of individuals who choose to drink and drive. These motorists put others in grave danger. A drunk driving accident can leave a victim with serious injuries that can have long-lasting and sometimes lifelong effects. These victims may suffer a permanent disability, crippling financial loss and emotional harm that is overwhelming.So how, exactly, does alcohol use affect one's driving abilities? There are a number of ways. To start, alcohol can reduce an individual's reaction time. This means they may wind up braking too slowly to adequately stop for halted or slowed traffic, and they can fail to avoid traffic hazards. A delayed reaction time may also keep a drunk driver from appropriately yielding to pedestrians. But slow reaction time is not the only way that alcohol affects an individual's ability to drive safely. Additionally, alcohol can impair an individual's judgment, affect their ability to multitask and inhibit their ability to maintain proper speed and lane control. These diminished capacities can result in head-on collisions, high-speed rear-end wrecks and T-bone crashes that result from running red lights or stop signs.The sad reality is that more than 10,000 people nationwide are killed in alcohol-related accidents every year. Despite the enforcement of drunk driving laws and public awareness campaigns highlighting the dangers of drunk driving, these alcohol-related wrecks are going to continue to occur for the foreseeable future. Therefore, victims of drunk driving accidents need to take matters into their own hands if they want to try to recoup their losses, find accountability and obtain closure. This often means pursuing a personal injury lawsuit. With the right help, it is possible to gather the evidence and develop the legal arguments needed to put forth a strong claim.

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Gold River, CA 95670

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