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You Can Make A Claim Even if You Were Partly at Fault for an Auto Accident

December 2, 2015 by

Many people wrongly assume they are not entitled to compensation if they are partly at fault for an auto accident.  Just because an accident victim shares the blame for an accident does not mean he or she cannot pursue a case for monetary damages. California has what is called comparative fault rules that allow injured accident victims to receive compensation even when they are partially to blame for a car crash. Cases where an injured victim is partly at … [Read more...]

Premises Liability: What Do You Need to Prove to Win Your Case?

November 19, 2015 by

In a typical premises liability case, an injured accident victim must prove the property owner was negligent in living up to his legal standard of care.  The victim (plaintiff) has the duty of showing the owner (defendant) failed to correct or warn about a dangerous condition the defendant knew about or reasonably should have known existed.  There are different kinds of evidence that can show a condition was dangerous and that the property owner was liable for … [Read more...]

Car Accidents: Just How Many Negligent Drivers Are There On The Roads?

November 18, 2015 by

Drivers who are serious about road safety can reduce their risk of a motor vehicle accident, but they cannot control the behavior of others on the road.  Car accidents can happen anytime and anywhere if a driver violates safety rules or makes careless choices that endangers everyone. Recently, Forbes published an article taking a closer look at just how often an individual driver is likely to become involved in a car accident.  These statistics can help you better understand your … [Read more...]

Safety Issues for Senior Drivers

November 17, 2015 by

Senior drivers may experience physical declines, mental declines, and other changes that go along with aging.  The changes many people experience as they age can negatively impact their driving skills.  As a result, drivers aged 70 and older are the demographic group with the second highest rate of motor vehicle collisions.  Only teen drivers cause more auto accidents than senior drivers. The number of senior drivers is growing as more aging baby boomers are on the road, which means the risk of … [Read more...]

Free Report: What Is Legal Malpractice in California?

November 16, 2015 by

Legal malpractice occurs when an attorney fails to provide reasonably competent representation to a client who sought his or her legal services.  Like medical malpractice, legal malpractice can give rise to civil litigation.  A client who sustains harm as a direct result of legal malpractice can file a civil lawsuit against the attorney who was responsible for causing that harm. Legal malpractice cases can be complicated. Anyone who believes he or she was the victim of legal … [Read more...]

What are Romeo and Juliet Laws?

November 12, 2015 by

When a sexual assault or other sex crime occurs, understanding the law is important.  Criminal and civil laws are different, and victims who are harmed by an act of sexual assault or violence may be able to file a civil lawsuit regardless of whether a prosecutor moves forward with a criminal case. Statutory rape is one situation where an abuser could face both criminal and civil cases.  California Penal Code Section 261.5 defines unlawful sexual intercourse to include: "an … [Read more...]

Distracted Driving Dangers: You Can Get a Ticket for Eating and Driving

November 5, 2015 by

While much of the focus on preventing distracted driving is centered on cell phones, a driver who eats while driving can also be a menace on the roads.  A motorist who eats while driving takes a hand off the steering wheel to hold the food, and eyes off the road to consume it.  A University of Leeds researcher discovered, in a 2012 study, that driver reaction time slows by 44 percent when a driver is eating. Many drivers may be surprised to learn that, because … [Read more...]

Can You Get Punitive Damages for Construction Site Accidents?

November 4, 2015 by

When an accident occurs on a construction site, employers typically can't be sued and workers have to obtain benefits through a workers' compensation claim.  Workers' compensation provides for payment of certain losses such as medical bills and disability income, but it does not pay for punitive damages. If a construction worker can sue a non-employer, however, it may be possible to obtain punitive damages for the construction site accident. Obtaining Punitive Damages for Construction Site … [Read more...]

Are Property Owners Liable When Visitors to a Property Are Hurt?

November 3, 2015 by

When people enter a property they have the right to expect the property is reasonably safe.  Property owners have a legal obligation to make sure visitors don't get hurt by unsafe conditions.  The specific obligations a property owner has to protect each visitor is defined by premises liability law. A visitor is called a property entrant, and under California law there are three primary categories of property entrants.  Traditionally, the category an entrant fell in determined what specific … [Read more...]