Car Accident Archive
Court Finds Employer Liable for Injuries Caused by Employee Driving Personal Vehicle on Job Site
Employers are not responsible for all actions of their employees — only for those actions within the scope of employment. For example, if you are injured by a forklift operator at Home Depot, you have a claim against Home Depot if the employee operating the forklift was doing so as part of his/her work duties.
Talking to Older Drivers About Safe Driving
Last week a 91 year old driver struck and killed a woman on Girard Ave in La Jolla. The elderly driver was backing out of a parking spot and never saw that she backed into the woman, pinning her between the moving vehicle and a parked car. The woman died on the way to the hospital.
Jury Nullification
The Daily Beast posted a very interesting article on jury nullification earlier this week. Jury nullification occurs when a jury disregards the law and delivers a verdict they feel represents real justice. In our legal system, juries serve only as “finders of fact,” whose role it is to determine the truthfulness of the evidence but not the application of the law to that evidence. It doesn’t always work out that way.
Comparative Fault
Comparative fault is the legal principle that more than one party can be responsible for causing an injury. This principle allows fault to be divided among parties. For example, in a 2 car accident, the driver whose car was rear-ended by another car may have braked unnecessarily, thus contributing to the accident. The driver whose car rear ended the car ahead of him may have been speeding or following too closely, thus also contributing to the accident. Based on all the evidence at trial, a jury could find the parties 50-50 responsible for the accident … or it could be 60-40 or some other number, depending on the specific facts.
The Contingency Fee Agreement
The majority of my clients are individuals and families fighting against well-funded, powerful insurance companies. In most cases, my clients have been injured as a result of someone else’s negligence. These clients come to me because the person who caused their injury has refused to accept responsibility for his wrongful conduct.
Your Health Insurance Wants to be Paid Back!
If you have been injured in a motor vehicle accident and you receive medical treatment paid for by your health insurance, in most cases, your health insurance plan will require you to reimburse the cost of your treatment out of your settlement. Likewise, if you receive medical treatment paid for by Medi-Care, Medi-Cal, and Tri-Care. Even if you don’t have health insurance, if you are treated in a hospital emergency room after an accident, the hospital’s bill must be paid out of your settlement.
Parental Responsibility for Accidents Caused by Minors
Generally, parents are not responsible for torts committed by their minor child. This rule dates back to a California Supreme Court case from 1885. However, the legislature has carved out several exceptions to this general rule, including limited parental responsibility for motor vehicle accidents caused by minors.
California’s Prop. 103: Consumer Protection in Purchasing Auto Liability Insurance
Proposition 103 protects California consumers when purchasing and maintaining automobile insurance. Some of the key provisions of Prop. 103 are:
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