Commercial Truck Accidents in California

an image of a semi truck like those used for commercial transportation

Commercial Truck Accidents, including semi-trucks and tractor-trailers, are vital to interstate and intrastate commerce and are essential to the economy. While they are responsible for transporting goods within the state and the country, they can be extremely dangerous while traveling on the road with smaller vehicles. In California, there were 6,897 injury-causing truck accidents and 327 fatal truck accidents in 2017. In that same year, there were 1,964 fatal or injury-causing accidents in Los Angeles County alone. Making it oneRead More …

Negligence Per Se

Negligence Per Se

Negligence per se is a doctrine that provides that an action or conduct by a defendant is considered negligent because it violates a statute or regulation. Here, violation of the statute absents some valid excuse is automatically considered to be a breach of a duty of care owed to others, making it negligence as a matter of law.  Negligence per se creates a presumption that the defendant acted negligently, resulting in harm to the plaintiff. The presumption is rebuttable, meaningRead More …

Common Defenses to Negligence

Common Defenses to Negligence

Proving negligence and receiving compensation for the resulting harm requires a plaintiff to show that the defendant owed a duty to the plaintiff to act reasonably, the defendant breached that duty, and the breach was a substantial factor in causing harm to the plaintiff. However, there may be situations in which the defendant offers some defense that mitigates or negates the plaintiff’s negligence claim.  Superseding Causes This defense is available to a defendant where an independent intervening act by anotherRead More …

Evidence in a Personal Injury Claim

The inside of a courtroom

Evidence in any legal proceeding is required to prove a Personal Injury Claim. Each case, whether criminal or civil, requires a certain standard of proof to be applied in the proceedings. These standards of proof provide the extent to which a party must prove alleged facts to receive a judgment in its favor.  Types of Standards of Proof  The three common standards of proof seen in any court case include beyond a reasonable doubt, a preponderance of the evidence, andRead More …

Have You Been Involved in a Hit and Run Car Accident?

Hit and Run Car Accident

A hit and run car accident takes place when someone leaves the scene of an accident or otherwise declines to identify himself to other parties involved and damages property or injures another person. Even a minor fender bender or accident caused by another driver without a collision will be considered a hit and run if the driver leaves the scene.  Steps to Take if You are Involved in a Hit and Run Car Accident Before doing anything else, you shouldRead More …

What is Negligence? and All about Negligence

an illustration of several question marks laying on a surface

Generally, everyone has a duty to act reasonably to avoid injuring others. Where a person acts or fails to act as a reasonable person in the same circumstances, and the act or failure to act results in someone’s foreseeable injury, he has likely been Negligence. California’s Civil Code section 1714 provides that people have a duty to use ordinary care and that everyone is responsible for their willful acts as well as for those injuries which are caused by aRead More …

Pedestrian Accidents May be the Scariest Thing about Halloween

A Jack-o-Lantern with Smoke Coming out of it

Halloween is the spookiest time of year. On October 31, ghouls, goblins, and monsters of all sorts take to the streets for a few tricks and plenty of treats. Families will be out with their children who hope to score big and take home pounds of candy. However, spookier than the vampire making his way down your street is the increase in pedestrian accidents on All Hallows Eve. Even scarier is the fact that Halloween falls on a Saturday thisRead More …

Have You Been the Victim of Assault?

Victim of Assault

Have You Been the Victim of Assault? In most jurisdictions, assault is both a crime and a tort. In California, there is no statute defining civil assault, but only one that defines criminal assault. Generally, civil assault can be defined as the attempt or the threat to inflict instant harm on another person. It typically must be apparent that the assaulter has a present ability to inflict the harm that is threatened or attempted. However, courts will not find thatRead More …

What You Need to Know about Escalator Accidents

Escalators in a building

Escalators provide an easy way to travel between floors of multi-level buildings, shopping centers, and other commercial properties. They are especially useful for those who are unable to use stairs as a result of some sort of disability or health condition. While you may step on an escalator without giving it a second thought, accidents involving escalators injure a significant number of people every year. If you have been hurt in an escalator accident, it’s imperative that you contact anRead More …

Statute of Limitations FAQs

a hourglass depicting the passage of time

Every jurisdiction has different statutes of limitations for different kinds of cases. Below are some frequently asked questions regarding California’s statutes of limitations in personal injury cases, which include assault, battery, and injuries and death caused by a wrongful act or negligence.  What is a Statute of Limitations? A statute of limitations is a law set by a jurisdiction that provides the set amount of time that a victim of a tort may initiate a lawsuit against a defendant. OnceRead More …