Motor Vehicle Accidents

Published on: February 6, 2023

Dynamics of a Rear End Collision

by Steven M. Sweat

Auto accident involving two cars on a city street

Rear-end accidents occur when a motor vehicle collides with the rear of the vehicle in front of it. These types of accidents happen frequently, and the National Highway Traffic Safety Administration (NHTSA) reports they are the most common type of collision, accounting for 29% of traffic accidents. Knowing what happens in rear-end collisions and why they cause common types of injuries can help you understand the reasons why these accidents can be serious.

Understanding Rear-End Accidents

Published on: September 27, 2022

California to Increase Auto Insurance Minimal Policy Limits

by Steven M. Sweat

Despite the fact that the costs involved with medical treatment and car repairs following motor vehicle accidents have dramatically risen over the past five decades, California’s mandatory minimum liability insurance requirements have remained the same for more than 50 years. Recently, however, the California legislature passed a bill that would increase the minimum mandatory liability insurance requirements for motorists in the state, which is a move that is long overdue.

California’s Current Liability Insurance Law

Under Cal. Veh. Code § 16056, all motorists in the state are required to carry minimum liability insurance in at least the following amounts:

Published on: January 11, 2022

New California Traffic Laws for 2022

by Steven M. Sweat

Californians should be aware of several new laws that are effective in 2022. Multiple laws that were passed by the legislature and signed into law by Gov. Newsom affect motorists and pedestrians, and most of them were effective as of Jan. 1, 2022. Here are some of these new laws and the changes that you can expect during the new year.

Reduced Speed Limits in Certain Situations

Assembly Bill 43 was passed by the California Legislature and signed into law by Gov. Newsom on Oct. 8, 2021. This law amended several statutes and added some new statutes to the California Vehicle Code. Under AB43, local authorities have been granted the authority to reduce speed limits on state highways in areas where doing so is necessary to protect bicyclists, pedestrians, and other vulnerable populations from being injured in collisions with cars.

Published on: May 24, 2021

California Vacation Car Accident Attorneys

by Steven M. Sweat

Each year, millions of people visit California for vacations and sightseeing. According to data from the California Travel and Tourism Commission, an estimated 42 million people visited California in 2018 alone and added $140.6 billion to the state’s economy.[1] Many people who vacation in California rent vehicles and try to navigate their way around the state’s interstates, freeways, highways, and streets. Unfortunately, some visitors to California sustain serious injuries in motor vehicle accidents during their visits. If you have suffered injuries in a car accident in California while on vacation that was caused by another driver, you might not know how to handle your claim. Since California’s laws differ from those of some other states, retaining an experienced personal injury attorney in Los Angeles at the Steven M. Sweat Personal Injury Lawyers might be a better choice than hiring a lawyer in your home state. Here is some information about how to handle car accident claims for collisions that happen when you are vacationing in California.

Jurisdiction and venue for accident claims while vacationing in California

Car accident injuries that happen while you are vacationing in California are more complex because of issues of jurisdiction and venue.[2] Before a court can hear a case and award compensation to a plaintiff, the court must have jurisdiction over both the victim and the negligent party. The court where the claim is filed must also be convenient for all of the involved parties and be the proper venue.

Published on: October 14, 2020

Construction Zone Flagger Held to Have Duty to Motorist After Rear End Accident in California

by Steven M. Sweat

In California, road construction zones can be dangerous to motorists and construction crews. While most accidents that happen in road construction zones are caused by motorists, it is possible for the road construction companies to be responsible. In

Shipp v. Western Engineering, Cal. Ct. App. Case No. C087371, the California Court of Appeals considered a case in which a motorist alleged that the road construction contractor owed him a duty of care to safely control traffic traveling through a construction zone.[1]

Factual and procedural background

Published on: August 20, 2020

Multi Car Accident Presents Liability Issues for California Injury Claim

by Steven M. Sweat

People in California must use reasonable caution when they drive to try to prevent accidents and injuries to others traveling around them. However, when drivers are confronted with sudden and unexpected dangers, they are not expected to use the same degree of caution that they would in calmer situations. In Abdulkadhim v. Wu, Cal. Ct. App. Case No. B298091, the court reviewed a case in which a man was forced to suddenly change lanes to avoid colliding with a stopped vehicle on the interstate when the man traveling behind him subsequently collided with the stopped vehicle.{1]

Factual and procedural background

Jasim Al-Kuraishi was driving his vehicle on Interstate !0 near Rosemead on Oct. 11, 2014, at 1:00 am. He was traveling in the westbound lane going approximately 70 mph. Tommy Wu was traveling in front of Al-Kuraishi in the same direction when Wu saw a vehicle that was stopped in the lane in front of him about 20 to 30 car lengths ahead. Wu changed lanes by moving into the high-occupancy vehicle lane and passed the stopped vehicle while traveling between 40 and 50 mph. After he passed the vehicle and was about 400 feet in front of it, he saw Al-Kuraishi’s vehicle crash into the stopped car in his rearview mirror. The force of the collision caused Al-Kuraishi’s vehicle to travel into a different lane, and his car was struck by a second vehicle in that lane that was also traveling around 70 mph. Wu stopped his vehicle after witnessing the collision and called 911. When the paramedics arrived, Al-Kuraishi was pronounced dead at the accident scene.

Published on: August 19, 2020

Multi Car Accident Presents Liability Issues for California Injury Claim

by Steven M. Sweat

People in California must use reasonable caution when they drive to try to prevent accidents and injuries to others traveling around them. However, when drivers are confronted with sudden and unexpected dangers, they are not expected to use the same degree of caution that they would in calmer situations. In Abdulkadhim v. Wu, Cal. Ct. App. Case No. B298091, the court reviewed a case in which a man was forced to suddenly change lanes to avoid colliding with a stopped vehicle on the interstate when the man traveling behind him subsequently collided with the stopped vehicle.{1]

Factual and procedural background

Jasim Al-Kuraishi was driving his vehicle on Interstate 10 near Rosemead CA on Oct. 11, 2014, at 1:00 am. He was traveling in the westbound lane going approximately 70 mph. Tommy Wu was traveling in front of Al-Kuraishi in the same direction when Wu saw a vehicle that was stopped in the lane in front of him about 20 to 30 car lengths ahead. Wu changed lanes by moving into the high-occupancy vehicle lane and passed the stopped vehicle while traveling between 40 and 50 mph. After he passed the vehicle and was about 400 feet in front of it, he saw Al-Kuraishi’s vehicle crash into the stopped car in his rearview mirror. The force of the collision caused Al-Kuraishi’s vehicle to travel into a different lane, and his car was struck by a second vehicle in that lane that was also traveling around 70 mph. Wu stopped his vehicle after witnessing the collision and called 911. When the paramedics arrived, Al-Kuraishi was pronounced dead at the accident scene.

Published on: October 7, 2019

Plaintiff Prevails on Negligent Entrustment Theory in CA Auto Accident Case

by Steven M. Sweat

People who negligently entrust their vehicles to others whom they know or should have known are unfit to drive may be liable to pay damages to accident injury victims that are caused by the negligence of the drivers. In Ghezavat v. Harris, Cal. Ct. App., Case No. A154405, the court looked at whether the defendant should have been allowed to supplement the jury instruction on negligent entrustment and whether he could have been found to negligently entrust the vehicle when he was a co-owner who did not have control of the vehicle.

Factual and procedural background

John Harris was a 32-year-old man who was driving a Toyota Tacoma truck on Nov. 7, 2011. While he was driving, he suffered a grand mal seizure, lost control of the vehicle, and struck a car that was occupied by Mahin Dowlati and Ellie Pirdivari. Dowlati and Pirdivari were killed in the accident, and their family members filed a wrongful death lawsuit against both John Harris for negligence and David Harris, his father, for negligent entrustment.

Published on: April 22, 2019

CA Personal Injury Claim Clarifies Expert Disclosure Procedures

by Steven M. Sweat

When people in California are injured in accidents, they may be able to recover compensation by filing lawsuits against parties who negligently contributed to their accidents and injuries. People who file lawsuits need to be aware of the discovery rules as shown by Du-All Safety, LLC v. Superior Court, Cal. Ct. App. Case No. A115119. The discovery rules outline when expert witnesses that the parties intend to call should be disclosed to the other side.

Factual background of the case

In Nov. 2015, Mark Krein was walking on a suspended steel footbridge at his job at the Tuolomne Water District. The bridge had been constructed in 1974 as a part of a wastewater treatment plant, and it connected one digester tank to another. While Krein was walking across the footbridge, it suddenly collapsed beneath him. He plummeted to the ground and suffered severe injuries that resulted in paraplegia.

Published on: April 15, 2019

Alleged Jury Misconduct Not Enough to Overturn Los Angeles Personal Injury Verdict

by Steven M. Sweat

Californians who suffer serious injuries in accidents because of negligence may be entitled to recover compensation for their losses. However, as the decision in Stokes v. Muschinske, Cal. Ct. App, Case No. B280116 demonstrates, it is important to properly value your claim and that you do not overreach. Even when jury misconduct might have occurred, it may not be enough to secure a new trial when your damages award is much less than what you expected.

Factual and procedural background

Plaintiffs James Stokes and Patricia Stokes were traveling in their car on March 28, 2013. Defendant Martin Muschinske was operating a pickup truck with a horse trailer at the same time. The truck and trailer were fully loaded, and Muschinske rear-ended the Stokes’s car, causing serious injuries to James Stokes.