Lesser Known (But Still Common) Car Insurance Exclusions

Most people who own vehicles have something called collision coverage as part of their auto insurance policy.  Collision coverage insures the policy holder’s vehicle against damage or destruction regardless of who is at fault for the accident.  This, of course, gives people a valued sense of security about the often significant investment they’ve made in their car. However, most collision coverage is not nearly as comprehensive as people tend to think.  Most policies contain a number of exclusions which, though… Read More >

CA Supreme Court Limits Franchisor Vicarious Liability

In a blow to the rights of franchise employees, the California Supreme Court issued a ruling last week in Patterson v. Domino’s Pizza, LLC that significantly limits franchisor liability in employment and tort matters.  Specifically, the Court ruled 4-3 that a franchisor is not vicariously liable for sexual harassment perpetrated by an employee of a franchisee unless the franchisor exercises control over the manner and means by which their franchisees hire, fire, discipline and manage workers. In the case of… Read More >

Underinsured Motorist Coverage & Apportioned Third Party Settlements

A surprisingly common scenario that our southern California law office encounters when handling motor vehicle injury claims is a circumstance arising when our client has underinsured motorist coverage and obtains an apportioned settlement from the at-fault driver’s insurance.  “Apportioned settlements” typically refer to policy limit settlements which are apportioned between three or more claimants.  So, for example, in a circumstance where three people are injured in a car accident and the at fault driver has insurance coverage of $15,000 per… Read More >

Naming Vehicle Owners As Defendants In Car Accident Lawsuits

We are often asked whether the owner of a vehicle can be named in a lawsuit for personal injury arising from a car accident.  The answer to this question is “yes,” though establishing liability against the car’s owner is more complicated than simply proving ownership. The most common theories of liability against the owner of a vehicle who was not physically driving the car at the time of the accident are “negligent entrustment” and “respondent superior.”  Negligent entrustment claims arise… Read More >

Pedestrian / Car Accidents in Southern California

While pedestrian versus accidents occur less frequently than auto versus auto accidents, they tend to result in much more serious injuries.  Pedestrian versus auto accidents are not uncommon, ether.  Recent statistics show that roughly 5,000 pedestrians are fatally injured and an additional 64,000 suffer non-fatal bodily injury in car accidents throughout the country every year. Pedestrians should always exercise care when walking on or near roadways, but unfortunately not all accidents cane avoided.  Fortunately, the law is generally on the… Read More >

Injuries At Work: The Complex Intersection of Workers Compensation Law and Personal Injury Law

Most of the time when an individual is injured at work, their sole remedy is to file a claim for workers compensation.  Workers compensation claims are different than ordinary personal injury claims because they do not require the claimant to prove that anyone was negligent in causing their injuries.  In fact, an employee can file a workers compensation claim even if they were at fault for their own accident. For this reason, workers compensation is often referred to as a… Read More >

When To Retain An Attorney On A Personal Injury Case

Have you or a family member been injured as a result of someone else’s negligence?  If so, you probably realize that you have legal claims which you can pursue in a court of law.  But what’s probably less clear is how and when you should initiate that process. Time is of the essence.  All claims for personal injury are limited by something known as a statute of limitations.  Essentially, this is the time frame within which a plaintiff must take… Read More >

Partially At Fault For a Car Accident

Many people wonder if it is possible to sue for injuries sustained in a car accident that was partially their fault.  The answer that that question is “yes,” and the reason is because California adheres to the legal doctrine of “pure comparative negligence.”  In States that apply this legal doctrine, car accident victims can technically recover damages if a third party is at all responsible, regardless of how negligent the victim themselves was in causing the accident.  The catch is… Read More >

Can You Be Sued For a Bad Online Review?

Review sites like Yelp, Google Places, and Angie’s List have become a popular platform for consumers to post reviews about local businesses.  Fast, efficient, and seemingly anonymous, an online review can be a great tool to get the word out about a product or service. But as more and more people base purchasing decisions on what they they read on the web, the incentive for businesses to clamp down on negative reviews is growing.  This has resulted in a disturbing… Read More >

Driver Monitoring Programs: The Wave of the Car Insurance Future?

Earlier this year, actor Paul Walker died when the Porsche GT5 in which he was driving tragically crashed around a turn and caught fire.  The super car was fitted with three black boxes, much like those on airplanes, and the information extracted from them (which survived heat in excess of one thousand degrees) has since been used to confirm that the cause of Walker’s accident was excessive speed and not a manufacturing defect or poor maintenance. Although we’re unlikely to… Read More >