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Toll Roads Could Have Bearing on Driver Safety

According to an article posted in The Sun on August 15, 2017, toll roads in the Inland Empire have grown not only in the amount built, but also by the popularity in use by drivers. In March, toll roads in the Inland area were created with the opening of the 91 Express Lanes in Corona. These lanes are not the only to be built as plans are in the process to open more in the near future across California.

Toll roads are becoming more popular among transportation agencies in California because of the funds they acquire from their use in which those funds can use to finance freeway improvements as well as how toll roads are able to manage congestion on freeways. The Riverside and San Bernardino Counties are just two, in which billions of dollars will be spent to continue adding toll roads to freeways in order to provide congestion control. There is also talk about opening a set of toll roads from the 60 freeway to Highway 395 in Hesperia. The success of these roads is proving to transportation agencies that the money spent on the creation of these roads is well worth it, however there is possibility of this success gradually ceasing because as more lanes open there will be more motorists who want to occupy them.

An unexpected result, but almost certain, more drivers means more auto accidents, both minor and severe. Toll roads during the busiest of hours can be bumper to bumper. Frustrated drivers often try to change lanes or weave in and out of traffic as they conclude this method to be efficient for them, with little regard to those around. However, in one wrong move innocent motorists’ cars can be hit and depending on how severe the collision, the victims may be left with severe personal injury/trauma or substantial vehicle damage. Even if the damage is minor, victims of auto accidents on the freeway are still entitled to compensation to cover the cost of the damages. If this has happened to you or anyone you may know, it is important that you do your research and find an attorney that can expertly represent you and has a results driven history of dealing with these types of cases.

Justin H. King is an experienced personal injury attorney in Rancho Cucamonga that represents victims of serious accidents. His office, The Law Offices of Justin H. King is an attorney representing victims of serious and traumatic auto accidents. Mr. King vigorously and compassionately represents his injury victims against insurance companies as he has achieved numerous six and seven figure results for his clients. You can visit his website, stop by at his office located at 3633 INLAND EMPIRE BLVD., # 250 Ontario, CA 91764, or call the following number 1 909-297-5001 for a free consultation.

Can A Girl Declared Brain Dead File A Medical Malpractice Lawsuit?

In December of 2013, a family took their 13-year-old daughter to Children’s Hospital in Oakland for a routine tonsillectomy. They couldn’t have imagined that their daughter might not pull through the common surgery, nor did they imagine the legal battle that would result. Now a medical malpractice lawsuit and the funds to continue life support hang on one question. Is their daughter dead or in a “minimally responsive state”?

Will a Declaration of Brain Death Hurt a Medical Malpractice Lawsuit?

Here in California, damages for pain and suffering are capped at $250,000 when it comes to medical malpractice cases. However, if a victim has ongoing medical costs as a result of their injuries, juries can award unlimited economic damages. These unlimited damages cannot be claimed if the plaintiff is dead, which is where trouble begins for this California family.

During a routine surgery, the family’s 13-year-old suffered massive and irreversible brain damage due to a lack of oxygen. She suffered a cardiac arrest and was put on life support. A month later, the girl was declared brain dead and the coroner signed her death certificate, but the girl’s mother refused to take her off life support.

Why Is This Little Girl Still on Life Support?

The religious beliefs of the girl’s mother do not acknowledge brain death as actual death. And though most states do not accommodate such beliefs, New Jersey does. The girl was taken to New Jersey to remain on life support, and now a legal battle is being fought so that her care may continue back in California.

As the girl has been cared for in New Jersey, her parents and family members have claimed she is semi-responsive. They have posted videos online showing the girl twitching and allegedly responding to noxious smells. Though doctors back in California claim that even a brain-dead individual can occasionally twitch, a critic of brain death diagnoses has another opinion.

Doctor Alan Shewmon has examined the girl, and witnessed her reactions to smell, and he does not believe the girl is actually brain dead. He also claims the girl’s body has not deteriorated as it should have if the girl was brain dead. Another doctor who examines the girl every three months has even claimed the girl has reached puberty.

Will This Girl’s Death Certificate Be Overturned?

Based on this evidence and testimony, a judge here in California has ordered this case to trial. If the girl is declared dead, she may not return to California, but if her death certificate is rescinded, California doctors will be compelled to continue her treatment. Now only a jury can decide.

Medical malpractice cases can be complex, and the lives of families as they look to care for injured loved ones hangs in the balance. Experienced representation with a record of success can often be the better solution for these families in need. Don’t be afraid to contact a Bay Area medical malpractice attorney if you suspect your loved one received negligent treatment.

Loss of Control to Blame for Most Motorcycle Accidents

There are many people who believe the majority of motorcycle accidents are the result of other drivers on the road. However, according to a recent report, the most common cause of motorcycle accidents is drivers who lose control of their bike. In fact, according to research, motorcyclists are up to 3.5 times more likely to get in a single vehicle accident as they are to get into a collision involving other vehicles.

The most common cause of these single-vehicle accidents is speed. Another common factor in these accidents is alcohol. One of the best ways to avoid accidents and a motorcycle injury in New Orleans is to invest time to take motorcycle safety classes. These are given by the State’s Motor Vehicle Association. However, regardless of how cautious and educated riders are, there is always the possibility of an unexpected accident to occur with another driver on the road.

How a Motorcycle Accident Lawyer in New Orleans can Help Fight this Uphill Battle

When a single-vehicle motorcycle accident occurs, the general consensus among the public is the riders themselves are the ones at fault and, as a result, should not be able to recover any type of financial compensation. While it is true there are some cases where driver negligence is to blame, this is not always the case. However, due to this general belief, victims need the help of a motorcycle accident attorney to recover compensation.

Accidents revolving around rider negligence are very rarely brought as lawsuits against other drivers. This is usually because there are no other drivers involved in the situation. However, most multi-vehicle motorcycle accidents attorneys see involve a certain amount of liability on the other driver or drivers involved. In these types of multi-vehicle cases, it is imperative the victim gets ready for a fight and hire a motorcycle accident lawyer in New Orleans. In many situations, the other driver or drivers may attempt to shift the blame onto the rider. With the general sentiment regarding motorcyclists, this is very often an effective way for a driver to avoid liability.

If you suffer a motorcycle injury in New Orleans, hiring legal representation who fully understands the “tricks” many insurance companies use can be beneficial. They will understand what needs to be done to prove who is at fault and ensure they are brought to justice.

Have You Suffered an Injury from a Motorcycle Accident?

If you, or someone you love, has been involved in a motorcycle accident, you may be able to recover monetary compensation due to the other driver’s negligent behavior. However, being ready for a fight is imperative. Most drivers have insurance companies that are going to try and shift the blame to the motorcyclists to try and avoid liability. This doesn’t have to happen, but it is essential to have proper legal representation.

If you have been in a motorcycle accident with other drivers on the road, contact us to see if you have the ability to recover compensation.

Have You Been Injured in a Slip and Fall Accident?

Some people are simply clumsy. Maybe you are too busy doing things such as looking at your device or speaking to your children to notice that a wall is present, until you run into it. However, sometimes, your accident and injury is completely caused by the negligence of another person. This is often the case in slip and fall cases and depending on your fall, you can incur serious injuries that may result in hospitalization and medical bills. In these instances, you should be compensated for your injuries and because of this, seeking legal advice and representation is invaluable. If you or a loved one has been in slip and fall accident, it is invaluable to contact an experienced California personal injury attorney so that we can help you strategize about the best possible outcomes for your case.

Slip and Fall Accidents

 Slip and fall accidents are one of the most common kinds of personal injury lawsuits, not only throughout California, but also throughout the United States. In California, slip and fall cases are known as premises liability. Premises liability is the liability of a landowner when an accident occurs on his or her property. A slip and fall can occur in several different ways. A slip and fall accident can occur when you trip over an object; when you come in contact with some form of a hole in the ground or premises; or when you fall over an impediment while working. In these cases, the landowner has the responsibility of keeping the premises safe and exercise responsible care. However, you can be at fault, as well. You have the responsibility of exercising reasonable care to avoid hurting yourself and because California is considered a comparative liability state, your responsibility to your injury will impact how much you receive in damages should you decide to file suit on the landowner for your slip and fall injury.

When you have a slip and fall case in California, you have two years to file a claim against the landowner. If it is found that the landowner is deemed liable, you may be entitled to compensation for your medical costs related to your injury, lost wages from work, any emotional distress that is attached to your accident, as well as any future earning ability lost due to your injury. Because of this, seeking legal advice to determine the validity of your case is beneficial.

 Need Legal Advice?

Slip and fall cases can be serious and can also leave you with medical expenses, loss of employment, as well as mental anguish. When these injuries are due to the negligence of another person, you have the right to seek justice and be compensated for your injuries. Because of this, it is invaluable to seek legal advice and representation if you have found yourself in this circumstance. If you or a loved one has been in a slip and fall accident, contact an experienced personal injury attorney at The Paris Firm to help you with your case. Contact our office for a free consultation today.

Multi-Car Accident in Rancho Cucamonga Results in Traffic Fatality

Last Monday, September 25, 2017, shortly after 10:00 am,  on the 210 Freeway in Rancho Cucamonga,  a multi-car accident resulted in a freeway closure for several hours. Impatient motorists were at their wits end and began trying to extricate themselves from the Sig Alert by driving on freeway shoulders and even driving the wrong way on ramps and roads as reported in the Daily Bulletin. At the same time the California Highway Patrol was attempting to ease traffic with traffic diversions and re-routes, all while trying to clear the road and complete an investigation.

The most troubling bit of the story, as reported by G. Wesson of PE.com, was that the driver of the fourth car in the crash suffered a fatal injury. The driver was reported to not have been wearing a seat belt, and the force of the collision threw him into the back of his SUV, resulting in traumatic head injuries.  Tragically, he was pronounced dead at the scene.

Tragedies that occur on Southern California roadways is nothing new to residents in the Inland Empire, but it is slowly changing. This change is evident by traffic patterns, traffic patterns and the number of motorist sharing the road.  The change is slow because, despite major freeway expansions in highly congested areas, traffic still seems to build and causes not only delays, but stress and traffic collisions.

While the death of the Colton resident in that fourth car may have been a result of him not wearing a seat belt, that was the secondary cause, the primary being the accident itself.  In California, after a traffic accident and fatality, the California Highway Patrol can notify the California DMV of the incident, the parties involved and the details. The DMV may then choose to suspend or revoke the driving privilege of one or all parties involved through what is known as an Administrative Proceeding. The top level classification in these fatality hearings is known as “Negligent Operator”.  This has nothing to do with courts and does not hold the risk of jail time. The DMV is legally bound to ensure the safety of all California motorists and will do so through education and administrative suspensions.

News recap by Rob Collier. Rob Collier is the Founder and President of California Drivers Advocates, an Administrative Advocacy Firm dedicated to defending and protecting the ability of California drivers to maintain their license when the DMV is attempting to suspend or revoke it.  Rob and his team of administrative advocates assist drivers when the DMV has classified them as negligent operators and specifically at DMV Fatality Hearings.  California Drivers Advocates has also set up an information/resource site to educate California drivers about their rights and responsibilities when the DMV has targeted them. You can view the website here: http://www.californiadmvhearings.info/.

Rideshare Accidents Liability & Accountability

Ridesharing companies identified a problem in the transportation market and offered a simple solution. Instead of paying money to schedule a cab in advance or wasting time trying to flag one down, people wanting a ride can connect with a driver willing to take them to their destination. All one has to do is access an app on his or her phone, and within minutes he or she can be on the road. Companies like Uber and Lyft have taken advantage of this new market, and it is pretty hard to find a modern adult who does not have one of these company’s apps on his or her phone.

One question that most people do not consider when ridesharing deals with car accident liability. If you are involved in a rideshare accident and suffer a serious injury, whose insurance company do you contact and which parties are open to a personal injury suit?

Ridesharing Accident Fault & Liability in California

California legislators have done an excellent job creating laws that govern rideshare accidents. The first thing to understand is that California operates under a traditional fault or tort liability system. This means that after an accident, the responsible party is held accountable for damages. Because the state uses tort liability in auto-accidents, and a person can file a claim directly against the negligent party, all rideshare drivers are required to have auto-insurance. If a person’s case goes beyond an insurance claim and heads to legal proceedings, then pure comparative negligence would be the system used to govern the case.

If a person is a passenger in an Uber / Lyft or other ridesharing app at the time of the accident and another driver is at fault, then he or she would file a claim with the at-fault party’s insurance provider. If a person is driving his or her own vehicle and is involved in an accident with an Uber / Lyft driver, it is also important to determine who is responsible for the collision. If the Uber / Lyft driver is at fault, then he or she should file a claim with the driver’s insurance provider. If the other driver is held responsible for the accident, then he or she would turn to the insurance coverage to help cover the costs.

When a pedestrian is hit by an Uber/Lyft driver and the driver is at fault, the injured party can file a claim under the company’s insurance coverage. If a settlement is not reached, then he or she can also file a suit against the company.

Surviving the Legal Process After a Rideshare Accident

When involved in a rideshare accident, a person may be inclined to let his or her Uber/Lyft driver handle any legal matters. However, if that person has suffered an injury and needs financial assistance, he or she should retain the services of a qualified attorney who will know state requirements for rideshare accidents.

For example, a personal injury attorney will know that Uber and Lyft are required to provide their drivers with $1 million in liability insurance per incident and $1 million in uninsured/underinsured motorist coverage per accident. They will also be up-to-date on other California regulations that apply to rideshare companies. If you have been involved in a rideshare accident and live in Chino Hills or the Los Angeles area, you should contact The Paris Firm and have one of our experienced attorneys examine your case and make sure that you are treated fairly by the insurance company or opposing counsel.