Posted on December 10, 2021 in Car Accidents

Right after a car crash, it may feel as if there are an overwhelming number of things you need to do. Seeking emergency medical care where needed is always the first priority, but much needs to happen after an accident. You will need to exchange information with the other driver, flag down witnesses, take pictures, and perhaps more importantly, file a police report. Calling the police from the accident scene and having them come take a report builds valuable evidence that can be used to prove your claim later. Your next step would be contacting an attorney. 

Why Should I File a Police Report After a Car Accident?

A police report creates an objective account of the accident from a neutral, third-party viewpoint. This valuable record can later be used as evidence to prove who and what caused the crash. It is critical that you do not skip this step. Reasons to file a police report after a crash include: 

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 Posted on November 24, 2021 in Personal Injury

Hospitals are supposed to be safe places where people go to get better. Unfortunately, some inpatients wind up in worse shape after they are injured in a fall. People fall in hospitals for a variety of reasons, ranging from medication to physical therapy equipment failure. Many of these falls can be prevented by a careful hospital. Some causes of falls fall under premises liability, but others can amount to other legal matters if the fall was directly related to the patient’s care. The law there is nuanced, and a lawyer will need to evaluate the facts of your case. Either way, if the hospital’s carelessness caused your fall, you may be entitled to receive compensation.

What Are Some Common Causes of Preventable Falls in Hospitals?

Sadly, the patients who are most vulnerable and most likely to suffer serious injury from a simple fall tend to be the most likely to fall. Elderly patients are at particularly high risk of being admitted to a hospital and then suffering a major injury, like a broken hip, after falling. Reasons patients may fall include: 

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 Posted on October 27, 2021 in Personal Injury

Many Californians trust nursing homes to care for their elderly family members professionally. It is always tragic when a nursing home resident faces any kind of abuse. The dangers of physical abuse or neglect are clear, but verbal abuse is less understood. More elderly persons in nursing homes face verbal abuse than outright physical abuse, and verbal abuse can lead to physical dangers. If you suspect that your loved one is being verbally abused in a nursing home, you should contact an attorney as quickly. An attorney may be able to help you get your loved one to a safer situation and recover financial compensation. 

What Counts as Verbal Abuse of a Nursing Home Resident? 

Verbal abuse coming from a caregiver at a nursing home can be particularly damaging because the caregiver is in a position of authority, and the resident is in a position of reliance. What counts as verbal abuse includes: 

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 Posted on October 12, 2021 in Personal Injury

Nursing homes and other long-term care facilities have a monumental responsibility: They keep our parents, grandparents, aunts, uncles, and other loved ones safe. Unfortunately, some nursing homes do not meet the high expectations required of them. One way that nursing homes fall short is not properly supervising residents. Nursing home residents, especially those with cognitive decline, can be severely or fatally injured when they wander into unsafe areas or elope from the property.  Nursing home residents and their loved ones may be able to hold a negligent nursing home responsible through a nursing home lawsuit.

Nursing Home Neglect Can Be Fatal

Nursing home abuse, including physical violence against a resident, often receives the lion’s share of news coverage and attention. However, nursing home neglect is often just as harmful as abuse. In many cases, nursing home neglect is fatal. Nursing home staff have a duty to supervise residents and keep track of their whereabouts. When nursing home residents are not properly supervised, they can wander into dangerous areas or become lost. Wandering and elopement can lead to terrible injuries and fatalities.

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 Posted on September 27, 2021 in Personal Injury

The Takata airbag issue has been going on for more than a decade. At issue are the airbag inflators that contain ammonium nitrate propellant. Although evidence has shown that the company knew of the dangerous issues associated with their airbags as early as 2000, the first recall did not occur until November 2008, when Honda recalled 4,000 vehicles because of reports they received of airbags erupting. In May 2009, a Honda driver was killed when his airbag erupted, prompting the automaker to recall more than half a million vehicles just days later.

Since then, 67 million airbags from more than 42 million vehicles have been recalled because of defective Takata airbags. Since that first recall, more than 25 victims have been killed and more than 400 injured because of exploding airbags. The recalls have been done in waves - every couple of years, more vehicles are recalled.

Earlier this month, the National Highway Traffic Safety Administration (NHTSA) announced they are opening an investigation into an additional 30 million vehicles manufactured by almost two dozen automakers that potentially have defective Takata airbag inflators.

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 Posted on September 14, 2021 in Uncategorized

A little less than half of California residents rent their homes or apartments. Although many people choose to rent due to the costs of owning a home, renting can also be expensive. In fact, California has some of the highest rents in the country, responsible for seven out of the top ten expensive cities to rent in the United States. Many residents are considered rent-burdened, with 30 percent or more of their monthly income going to pay their rent. California does have a rent control law that some renters are fortunate enough to benefit from, but as a recent lawsuit shows, the law can frustrate landlords required to obey the law, and this can cause a great many landlord/tenant disputes.

San Francisco Lawsuit

The lawsuit involved a couple renting an apartment in San Francisco. The city has some of the highest rents in the state, with the rent for a two-bedroom apartment averaging $3,500. The couple filed the lawsuit in May 2015, accusing their landlord of subjecting them to months of harassment and erratic behavior. The landlord had purchased the property about a year before the lawsuit was filed.

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 Posted on August 24, 2021 in Car Accidents

Under California law, when a person is injured in a car accident caused by a drunk driver, that driver is legally liable for any losses the victim suffers because of those injuries. These losses can include medical expenses, lost wages if the victim was unable to work while they recovered, pain and suffering, emotional anguish, and more. Tennessee’s “dram shop” law also provides another avenue of financial justice for victims of drunk driving accidents: the right to sue the source of where the drunk driver obtained the alcohol that caused their intoxication.

California’s Dram Shop Law

The majority of states in the U.S. have passed some form of dram shop law. The word “dram” originated in the 18th century by the British and referred to a measurement of a three-quarter teaspoon of alcohol.

Under most dram shop laws, any vendor that sells alcohol falls under the dram shop law. This includes restaurants and bars, but can also include liquor stores, grocery stores, convenience stores, and gas stations. A drunk driving accident victim can bring a dram shop claim against a vendor if they can show that the vendor sold alcohol to a person who was “visibly intoxicated,” and the driver’s alcohol consumption was a direct cause of the accident that caused the injury.

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 Posted on July 07, 2021 in Truck Accidents

The trucking industry has faced driver shortages for years, but recently, this demand has become an even more pressing matter. The COVID-19 pandemic and the surge in demand for delivery have left many trucking companies scrambling to meet consumer demands. When truck drivers are under pressure to deliver goods faster, they can sometimes make mistakes behind the wheel that lead to truck collisions. Whether due to unsecured truck cargo, speeding, fatigued driving, or other reasons, truck crashes often have devastating consequences. If you or a loved one were injured in a truck crash, a truck accident lawyer can help you determine who may be liable for your medical bills and other damages.

Determining Legal Responsibility for a Truck Accident

Identifying who is at fault in a truck accident can be complex. In many truck crashes, multiple factors contribute to the collision. The actions of the truck driver and the other drivers on the road, the weather road conditions, issues with the truck itself, and many other factors can all result in a serious truck accident. Understanding how and why a truck crash occurred is the first step in determining liability.

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 Posted on July 01, 2021 in Car Accidents

There are many forms of negligence by drivers that can cause car accidents. Among these, distracted driving is one of the most common. Even though there are laws prohibiting drivers from using electronic devices or engaging in other activities that distract them from the act of driving, many people disregard these laws out of the belief that they can drive safely while multitasking. Drivers in California will want to understand the specific laws that address distracted driving. Those who have been injured in a motor vehicle collision will need to work with an attorney to determine how they can hold a negligent driver responsible for their damages.

California Laws Regarding Electronic Devices

Drivers in California are prohibited from using handheld cell phones or other electronic devices while they are in control of a vehicle. However, drivers are allowed to use a device in hands-free mode, including having phone conversations through their car’s speakers or Bluetooth devices or using voice-activated commands. Drivers who are under the age of 18 are prohibited from using electronic devices in any way while behind the wheel.

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