California Accident Attorneys Blog

Published on: November 19, 2015

How Do I Prove Damages In a Catastrophic Injury Case?

Proving Financial Damages in California Injury Case People who sustain catastrophic injuries in accidents often have their lives changed for a long time—if not permanently. In order to recover, a victim must prove the value of their damages.¹ The following are examples of evidence that a California accident attorney can use to prove damages after a catastrophic injury:

Past medical expenses and lost income – The financial losses that you have already incurred are often the easiest type of damages to prove in a personal injury case. For example, medical bills can concretely indicate how much your treatment cost and paystubs and timesheets can show how much work and income you lost. However, if the other party questions whether all of your treatments or time off work were necessary, you may need a medical or occupational expert to testify regarding your injuries. Additionally, if the opposing party disputes the severity or cause of your injury, your doctor may have to testify to your diagnosis.

Future medical costs and lost income – Proving the estimated losses you will likely incur in the future due to your injuries is slightly more complex. A medical professional can testify to your prognosis and the necessary future treatment for your recovery, as well as the usual cost of those treatments. If you are unable to return to your previous job, an occupational expert can assess your work abilities—if any—to determine your future earning capabilities. This can then be used by economic experts who can use inflation² and other calculations to determine your future lost earning ability, income, benefits, and more.

Published on: November 12, 2015

Dangerous Freeways in Los Angeles

by Steven M. Sweat

Los Angeles is the proud home of many notable landmarks and accomplishments. However, it is also the home of some of the world’s most dangerous highways, freeways, and intersections.

While the city is notorious for its legendary all day traffic jams, it can also be a source of extreme peril for motorists who are unaware of just what they are driving into.

The Most Dangerous Freeway Interchange In Los Angeles

Published on: October 26, 2015

Do I Need a Personal Injury Attorney If I Have Minor Injuries?

by Steven M. Sweat

Injury attorney describes car accidents in California After a traffic collision, a fall, or any other type of accident, most victims wonder whether should discuss their case with an attorney. Unfortunately, if their injuries do not seem to be serious, many accident victims fail to consult with a California accident attorney because they assume their injuries are not worth a legal case. In many situations, this is a mistake, however, and victims lose out on valuable compensation for their losses.

Attorneys can help with insurance settlements

Even though filing a lawsuit may not be necessary for many victims with relatively minor injuries, that does not mean an attorney cannot be of important assistance. In such cases, the responsible party’s insurance company will likely make an offer for a lump sum settlement to reimburse you for your medical expenses and other related financial costs of your injury. However, insurance companies are businesses and they strive to avoid liability whenever possible. This means that they often offer less than a victim deserves to see if they will accept the offer.

Published on: October 16, 2015

California Truck Accident Jury Verdict

by Steven M. Sweat

According to sources, a jury in Alameda County recently returned a verdict of $13.7 million for the families of three people who were killed in a truck accident. The verdict was handed down on Friday, Oct. 9 in a case filed against three truck drivers and the trucking companies for whom they worked. Two of the companies were found to be liable, while the third was not.

Facts of the Case

The crash happened on Highway 152 near its intersection with Road 16 on Nov. 27, 2012 in foggy conditions. A Western Milling truck attempted to turn left across the freeway, spanning two lanes. Evidence presented at the trial demonstrated that visibility at the time of the accident was reduced to under 200 feet.

Published on: October 13, 2015

Drug Impaired Driving Accidents in California

by Steven M. Sweat

Drug Impaired Driving Accidents in California are becoming more and more of a problem. Recent studies conducted by the Governors Highway Safety Association show that motor vehicle collisions where drivers are found to be under the influence of illegal narcotics or other drugs have significantly risen in the last decade. These studies have found that 40 percent of all people involved in a car wreck are under the influence of some type of drug. In addition, the study reveals that nearly 64 percent of all fatal car crashes involve the use of drugs.

This study takes into account all legal and illegal drug use. However, marijuana use is the highest reported substance at almost 35 percent, followed by amphetamines (a common drug used for ADD treatments and found in some diet medications) at almost 10 percent. The rest of the drugs that were discovered ranged from pain medications to prescription cough syrups.

Why California Drivers Should Be Alarmed

Published on: October 8, 2015

Los Angeles Jury Verdict: Negligent Repair Causing Injury

by Steven M. Sweat

A recent Los Angeles jury verdict illustrates how negligent repair of a vehicle can cause serious injury for which the repair shop may be held liable. The facts and nature of the ruling were as follows:

Background Of The Case

On September 1, 2015, a California jury awarded Kenneth Fry over $2.1 million in damages for an auto repair negligence suit he filed against Larry Miller Toyota. This is a very significant case because it proves that mechanic negligence has a serious outcome when these actions lead to accidents and personal injuries.

Published on: September 23, 2015

Does Lane-Splitting Cause California Accidents?

by Steven M. Sweat

Does CA "Lane Splitting" Cause Motorcycle Accidents? Los Angeles Injury Lawyer Explains “Lane-splitting” occurs when a motorcyclist between lanes of slow-moving or stopped traffic. This practice is against the law in 49 states and the District of Columbia, and California is the only state in the country that does not have a law specifically outlawing lane-splitting. California also does not have a law specifically stating that lane-splitting is legal and, therefore, many motorists become angry when motorcyclists engage in this behavior. Though lane-splitting can be distracting to motorists and can lead to accidents and injuries, the practice can be safe when done in a prudent and safe manner. If a motorcyclist fails to be careful or reasonable when lane-splitting and a collision occurs, any injured victims should contact a California motorcycle injury attorney as soon as possible to discuss a potential case.

Motorists can take precautions to avoid accidents

Motorcyclists are not the only ones who can cause accidents and injuries when lane-splitting occurs, as motorists can also behave in a negligent manner and cause injury to motorcyclists. The California Highway Patrol (CHP) offers several guidelines¹ directed at motorists for safe lane-splitting practices. Some of these guidelines include as follows:

Published on: September 22, 2015

Los Angeles Pedestrian Awarded $3 Million

by Steven M. Sweat

In the Los Angeles case of Joesph Butenhoff v. Rae Anne Bautista, the jury demonstrated how just because a police report states that one party is at fault doesn’t mean that the other party won’t still have to pay repercussions for their actions in court. In this particular case the plaintiff was a pedestrian, and the defendant was the operator of a mobile vehicle. The plaintiff was reportedly in the street after dark helping a dog owner and his injured dog when the defendant struck him with her vehicle. The pedestrian suffered a traumatic brain injury as a result of the accident.

He Said

According to the plaintiff, the defendant failed to watch the road, and she had been present in the lane with the injured dog and his owner while other vehicles were passing slowly by the scene in the adjacent lane. The plaintiff alleged that the defendant kept driving in the lane that contained himself, the injured dog and the dog’s owner to pass the other vehicles in the slower moving lane and then struck him when she swerved to avoid hitting the dog.

Published on: September 3, 2015

San Bernardino Wrongful Death Jury Verdict

by Steven M. Sweat

On July 30, 2015 a verdict was finally given regarding a case of a 15 year old boy who died after being hit by a car at a dangerous crossing while heading for the school bus stop in San Bernardino County California. The jury awarded the adoptive mother of the boy $20,000,000.00 for her losses.

Summary Of Facts In The Case

In December of 2010, the 15 year old high school sophomore was on his way to his designated school bus stop which required him to cross an uncontrolled five-lane highway. This bus stop was designated by the school system and was the only stop that the young man could use to get to school. During his attempt to cross the highway, the boy was struck by a vehicle and suffered catastrophic injuries. This young man slipped into a coma and died from his injuries 15 days later.

Published on: August 27, 2015

Caitlyn Jenner May Face Criminal Charges for Los Angeles Car Wreck

by Steven M. Sweat

There have been conflicting statements that have been submitted concerning the initial factor that caused the accidental death of 69 year old Kim Howe. One theory is that Caitlyn Jenner was talking or textin on a phone prior to the incident. The fatal accident occurred in early February of this year on the Pacific Coast Highway in Los Angeles. Jenner was cited as the being the primary cause of the crash when she rear-ended Ms. Howe.

California Vehicular Manslaughter Statute

There are three types of manslaughter that an individual can be charged with in the state of California. Depending on the situation and the individuals involved, the charges executed can affect the life of the assailant for a short or long period of time. Charges are basically determined based on the intent of the crime. One major concern is whether a person actually intended to commit the alleged crime or if the incident was an accident.