Jaywalking might seem like a fairly benign traffic violation, but if you are hit by a vehicle while breaking the law, you may face an uphill climb when it comes to pursuing damages. Depending on the circumstances, however, it might be possible for a pedestrian to recover compensation for 100 percent of their economic and non-economic damages even if they were jaywalking.Determining liability for a “midblock accident” can be complicated, and even if there is strong evidence of liability, the defense might still dispute causation or damages. Read on for the answers to a few frequently asked questions about these claims:1. Can a Pedestrian Be Held Liable for a Midblock Accident?Under some … [Read more...]
What Happens If You Leave the Scene of a Car Accident?
Fleeing the scene of a car accident in California is a serious criminal offense that can result in either misdemeanor or felony charges. Whether or not the crime is prosecuted as a misdemeanor or felony depends on whether the accident caused only property damage (misdemeanor) or a physical injury or death to another person (usually prosecuted as a felony).In this blog, we will discuss: The legal definition of misdemeanor hit and run in California, The penalties of misdemeanor hit and run, The legal definition of felony hit and run, The penalties of felony hit and run, and What to do if you are hit by a driver who flees the scene. What Is Misdemeanor Hit and Run?As … [Read more...]
California Dive Boat Company Sues to Avoid Liability for 34 Deaths
The owners of a dive boat that caught fire on September 2 and killed 34 people off Southern California have filed a lawsuit to head off potentially costly litigation. Some observers have condemned the move, saying it is disrespectful to the families of the deceased.The lawsuit was filed in U.S. District Court in Los Angeles by Truth Aquatics Inc., the company that owned the Conception, under a 19th-century provision of maritime law that allows vessel owners to limit their liability. The law was originally intended to encourage the shipping industry, but it has been successfully used by owners of the Titanic and many other watercraft—even Jet Skis—to avoid liability for personal injury and … [Read more...]
4 Essential Tips for Avoiding Bicycle Accidents
Riding a bike is fun, healthy, and environmentally conscious. That's probably not news if you've ever ridden one, but neither is the fact that cyclists are vulnerable to serious injury or death when bicycle accidents happen.While there’s always a chance that you’ll encounter a negligent driver while riding, there are steps you can take to reduce your risk and to mitigate the severity of injuries if you are involved in a crash. Read on to learn four key safety tips that all cyclists should know:1. Obey the LawYou may already be familiar with the laws pertaining to bicycle helmet use and riding under the influence of alcohol, but many cyclists are unaware of—or choose to ignore—certain … [Read more...]
Types of Witnesses in Personal Injury Cases
Sometimes the process of recovering a fair settlement after a personal injury is relatively straightforward. If all parties agree on the pertinent facts, the injuries aren’t that serious, and there’s strong evidence to prove liability, causation, and damages, the opposing party might pay a settlement without much contention. But when the damages are significant or there’s a dispute regarding fault or causation, it is often necessary to bring in various witnesses to provide deposition and testimony.Read on to learn about the types of witnesses who might play a role in personal injury cases:What Is a Percipient Witness?A percipient witness, or “eyewitness,” is someone who testifies about … [Read more...]
