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 >

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 >

The Dangers of Slow Driving

We all know it’s illegal to speed, but did you know that California also makes it illegal to drive too slow?  The restriction is codified into the California Vehicle Code at CVC § 22351, which states: “No person shall drive so slowly or stop on the roadway so as to impede traffic or block the normal and reasonable movement of traffic.” Slow driving doesn’t get as bad a rap as speeding, but it can be just as dangerous.  Slow drivers… Read More >

Social Media And Your Personal Injury Claim

Social networking has become common-place in our personal lives, but what is far less certain is how the law treats what we post online—particularly in claims for personal injury. In November of last year, the New York Court of Appeals in McCann v. Harleysville Insurance Co. denied a defendant’s motion to access the private Facebook page of a plaintiff who was claiming damages in a personal injury action.  The judge reasoned that the defendant “failed to establish a factual predicate… Read More >

The Dangers of Texting While Driving

It should come as no surprise that texting while driving increases your chances of getting in an accident.  However, a recent study conducted by the Virginia Tech Transportation Institute reveals exactly how dangerous it can actually be. Specifically, Virginia Tech researchers examined the behavior of truck drivers on more than 6 million miles of road and concluded that people who text while they drive are 23 times more likely than non-distracted drivers to crash or have what they call a… Read More >

Generic Drug Users Stripped Of All Legal Recourse

“Generic” prescription drugs are chemically identical substitutes that offer an affordable alternative to name-brand drugs.  But what if I told you that by choosing a generic–or in many cases, by having that choice made for you by your insurance company or pharmacy–that you were waiving your right to legal recourse in the event that the drug causes you to incur serious injury, even if the generic manufacturer is aware of the risk and chooses to conceal it from you? For… Read More >