With over a million people affected each year by traumatic brain injuries in the United States alone, it is important to recognize the causes that can result in a life-altering disability. There are a variety of causes that can result in a brain injury. Natural caused illnesses, adverse effects of medication or medical treatment, and head trauma injuries. Widespread brain…read more →
The annual pilgrimage that tens of thousands of young music lovers make to the Coachella Music Festival every April may be on a “head-on” collision course with state officials and law enforcement who as part of “Distracted Driving Awareness Month” are cracking down on what they have nicknamed “Zombie Drivers” who do not pay attention to the road. I read…read more →
April is National Distracted Driving Awareness Month. This month is dedicated to raise awareness of the dangers associated with distracted driving and to encourage drivers to not talk on cell phones or text while driving. Data from the National Highway Traffic Safety Administration (NHTSA) shows the proportion of fatalities reportedly associated with driver distraction increased from 10 percent in 2005…read more →
March isn’t all about college basketball. In fact, March is also Brain Injury Awareness Month. With approximately 1.7 million traumatic brain injuries occurring in the United States each year, access to medical treatment and disease management is critical. Millions of families live with the challenges that come along with brain injuries, and March is about recognizing and honoring their successes…read more →
After filing a claim with your insurance agency after an accident, you will typically be contacted by a claims adjuster to discuss details on your insurance policy and accident claim. The adjuster assesses your plan’s deductibles, coverage, and other details along with details from the crash and repair expenses to determine your compensation. Adjuster’s often attempt to minimize the amount…read more →
Taking the appropriate actions to collect evidence in the event of an accident can add significant value to your legal case Once those in the accident are safe and any other dangers around the scene are extinguished, start collecting as much evidence as possible. While evidence collection is typically the last thing on your mind in the event of an…read more →
On April 27, 2011, the U.S. Supreme Court decided AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011). Concepcion held, 5-4, that the Federal Arbitration Act (“FAA”) preempts California’s “Discover Bank rule,” which, according to the Court, would invalidate a class action ban in an arbitration clause whenever the term is imposed in a consumer contract of adhesion; the plaintiffs’ claims involve predictably…read more →
CACI 3710. Ratification [Name of plaintiff] claims that [name of defendant] is responsible for the harm caused by [name of agent]’s conduct because [he/ she/it] approved that conduct after it occurred. If you find that [name of agent] harmed [name of plaintiff], you must decide whether [name of defendant] approved that conduct. To establish [his/her] claim, [name of plaintiff] must…read more →
A failure to warn or repair the condition constitutes negligence. Rowland v. Christian (1968) 69 Cal 2d 108, Fitch v. Le Beau (1969) 1 Cal App 3d 320. The landowner has an affirmative duty to use ordinary care to keep the property in a reasonably safe condition and is liable for injuries caused by uncorrected condition that would have been…read more →
For many years California has recognized and encouraged the doctrine of joint and several liability. American Motorcycle Assoc. v. Superior Court, 20 Cal. 3d 578 (1978) reaffirmed the commitment to this basic principle: “First, we conclude that our adoption of comparative negligence to ameliorate the inequitable consequences of the contributory negligence rule does not warrant the abolition or contraction of…read more →