Commercial trucks are a part of almost every American’s driving experience. Outside the small number of streets (often urban) in America than ban trucks, a motorist is likely to see a commercial vehicle of some sort on every road he or...
Commercial trucks are a part of almost every American’s driving experience. Outside the small number of streets (often urban) in America than ban trucks, a motorist is likely to see a commercial vehicle of some sort on every road he or she uses. Sharing the road with these massive vehicles has become second nature to those of us who drive on a daily basis. But while you may not bat an eye at the presence of a semi tractor-trailer in the lane next to you, it’s still very important to understand the intense regulations that govern truckers (professional drivers) on a daily basis.
Goon Cop Attack:Arizona Report Its becoming a disturbingly familiar scene in America - aggressive, overbearing and mentally unstable cops who think that it i...
Steven M. Sweat's insight:
Most of our law enforcement officials do a great job under a tremendous amount of stress but, when you see this type of behavior from a police officer, it makes you a little nervous! As a car accident attorney, I rely upon traffic cops to remain calm and provide objective police reports so that I can do my job and determine whether negligence played a role in the accident and whether one or more parties can be held financially responsible. Hopefully, this was a one time incident.
An analysis of two dozen New Jersey intersections that have had red-light cameras for at least a year found that accidents - particularly rear-end crashes - have increased, and the collisions are more costly...
The Daytona Nationwide Series, a second-tier race held on the eve of the Daytona 500 on Saturday, February 23, was the site of a horrific vehicular accident that led to the injuries of 28 NASCAR fans.
Gina Harris is fighting for a ban against texting and driving in Oklahoma She knows far too well the devastating consequences of using a cell phone while behind the wheel Harris s (Traffic Depot Update Don't Give It A Second Thought.
Steven M. Sweat's insight:
It is important that we has plaintiff's personal injury attorneys stand behind and support laws that ban texting and driving in every state. Distracted driving has caused and continues to cause a plenitude of car crashes every year.
A San Francisco environmental attorney convicted of killing his Rossmoor neighbor while driving drunk should be disbarred, according to a State Bar of California judge.
Steven M. Sweat's insight:
Sad case of an attorney who struck and killed an elderly pedestrian. He left the scene but, was later detained and found to have a blood alcohol content of .18 (over twice the legal limit, which, in California is .08) at the time of the car accident. He was convicted of vehicular manslaughter involving alcohol (a violation of CA penal code 191.5 - defined is the killing of a human being without malice aforethought while under the influence of alcohol or drugs) and now faces disbarment from the practice of law.
A mother and daughter who survived a deadly bus crash near Yucaipa on Super Bowl weekend filed a lawsuit Friday, alleging the bus companies involved were negligent and failed to properly maintain their vehicles.
Steven M. Sweat's insight:
The family of the victims has asserted in this lawsuit that the bus company was negligent either because the driver was traveling at an unsafe speed or because of a brake failure due to faulty maintenance. If the allegations are true, it is a sad reminder of the need for these commercial bus lines to face deeper scrutiny regarding regular, required inspections and proper training of drivers.
Grieving dad crusades for tougher laws against unlicensed drivers Vallejo Times-Herald Under state law, driving without a valid license violates California Vehicle Code section 12500 and can be a misdemeanor or an infraction.
Steven M. Sweat's insight:
Unlicensed drivers in California are a huge problem. Studies have shown that they are more likely to be involved in auto accidents than licensed drivers. They also, obviously, don't carry insurance coverage. Fortunately, as a Los Angeles car accident attorney, I have been able to help the victims of these incidents many times by tapping into my own client's uninsured motorist coverage. In my opinion, every driver in the Golden State should make sure they have this coverage. It is required to be included in every insurance policy unless waived, in writing.
This local news piece discusses the dangers of texting and driving and some of the proposed campaigns to prevent this dangerous activity. Studies are now starting to show that texting and driving can be as dangerous and driving under the influence and it causes car accidents and injuries throughout the U.S. including California.
DMV study says unlicensed drivers have higher rate of fatal crashes Fontana Herald-News Soco is, by definition, a high risk to the community, according to the Department of Motor Vehicles, which recently revealed a study which reported that...
Steven M. Sweat's insight:
This story emphasizes the need for every auto insurance policy holder in California to make sure that they have uninsured motorist coverage. Unlicensed drivers will not be insured and if they cause an accident where you are injured or your property is damaged, you may still be entitled to recover the cost of medical treatment and property damage through your own policy by filing an uninsured motorist claim. It is always best to consult with an attorney to present these claims even though you are dealing with your own insurance company. This prevent them from treating you unfairly and it maximizes your chance of recovery of full and complete compensation.
Los Altos Town Crier Injury claim filed in police cruiser collision Los Altos Town Crier ...
Steven M. Sweat's insight:
Collisions between law enforcement vehicles and civilian passenger vehicles are, unfortunately, fairly frequent in California. Some of these involve high speed chases and other crashes are simply the result of negligent driving on the part of the law enforcement officer.
It is imperative to consult with an experienced car accident attorney in these cases immediately. There is a shortened "statute of limitation" or time limit on filing these claims and a "government tort claim" must be filed within 6 months of the incident or the injured party will lose any right to seek compensation. There are also certain "immunities" (statutes which protect law enforcement from liability in certain instances) which only an experienced police collision attorney can analyze.
A tow-truck driver was killed after being struck by a suspected drunk driver while hooking up to a disabled car in Malibu.
Steven M. Sweat's insight:
The Pacific Coast Highway (PCH) is a dangerous stretch of road especially in and around Malibu, CA. This particular case presents an all to familiar but, unfortunate scenario where one accident or disabled vehicle creates a potential for further accidents related to persons trying to assist (in this case a tow truck operator). Although California Vehicle Code section 22505 prohibits the stopping of vehicles upon a roadway in a manner prohibited by signs or that obstructs the flow of traffic, the code provides an exception for disabled vehicles.
Miranda Kerr injured her neck in a Los Angeles car accident Monday, which put the supermodel in a neck brace.
Steven M. Sweat's insight:
Yes, even Super Models get in car wrecks in Los Angeles. In fact, statistics show that there is an accident about every minute thirty seconds in the City of Angels. Most of them occur on freeways like this incident. Most freeway accidents are attributable to one of two legal causes as follows:
Following too closely (also known as "tail gating"): In violation of CA Vehicle Code section 21703, which is usually implicated in most all rear end collisions;
Making and unsafe lane change abruptly or without signaling: A violation of CA Vehicular Code sec. 22107.
In this case there is some indication as well that the driver who hit Ms. Kerr was under the influence of alcohol or drugs ( a violation of section 23152 of the CA Veh. Code).
Chris Brown calls himself "Christopher" when he's scared ... at least according to the 911 call placed moments after the singer totaled his Porsche in a paparazzi chase. (Chris Brown Car Accident -- The Panicked 911 Call ...
Steven M. Sweat's insight:
The saga continues in the ongoing drama of Chris Brown's car accident which he blames on the paparazzi.
Dumb moves behind the wheel: covered NASDAQ Another example of an intentional act that would not be covered is if you set your car on fire to cash in on the policy, says Pete Moraga, spokesman for the Insurance Information Network of California in...
Steven M. Sweat's insight:
Good information from the NASDAQ journal regarding the general types of coverage exclusions for auto accident insurance claims. For example, did you know the following:
Almost every auto insurance policy excludes "intentional acts" like running from the police or intentionally crashing your car into another person or vehicle.
Many personal automobile insurance policies will not cover your car if you are using it as a taxi or chauffeur service.
Most accidents caused by medical conditions (such as having a heart attack while driving) are covered BUT, they may not be if you fail to disclose any major medical conditions in your application as this may change the rating.
Accidents due to distracted driving like "texting and talking" on the cell phone will still be covered under most policies even though it is fast becoming illegal in most states.
If you alter your car's equipment in a way that makes it unsafe (such as adding "street racing" modifications) without disclosing this to the insurance company, this can lead to a denial of coverage.
The bottom line is that everyone should fully disclose all information in insurance applications and use common sense behind the wheel. This will lead to less car crashes and a better chance that, if you do have an auto mishap, your insurance carrier will pick up the tab!
Nathan and Raizy Glauber were in a car rented to take then to the hospital when they were hit by another car.
Steven M. Sweat's insight:
This is about as tragic as it gets. Expectant parents were trying to make it to the hospital to deliver the baby and were involved in a car accident on the way there. The story demonstrates that, even in emergency situations, it is important to remain calm when operating a motor vehicle. Without much further detail, it is hard to determine fault in this accident but, your heart has to go out to the victims' families.
An elderly man in a sedan slammed into the center divider on the eastbound 210 Freeway, according to the California Highway Patrol.
Steven M. Sweat's insight:
Unfortunately, many accidents each year in the U.S., including California, involve elderly drivers. Many times the operator's vision, hearing and/or mental acuity become factors in causing these collisions. There is no "cut-off" age under CA law when drivers must no longer operate a motor vehicle. Older persons are held to the same standard as all others regarding license renewal (i.e. required to pass written test, driving test and vision test). However, a re-examination of an older driver can be prompted by any number of factors such as the report of a physician that the person is suffering from some type of physical or mental impairment that would affect their ability to drive, a report of a family member to the DMV regarding same or similar issues and/or the report of a law enforcement official who feels that any auto accident was caused by unsafe driving.
CMAJ Evenings The Worst Time For Car Accidents, Data Suggests Huffington Post Canada The report says car crashes that result in people being hospitalized are more common in the afternoon and evening than at other times in the day.
Steven M. Sweat's insight:
Interesting data regarding frequency of car accidents during the evening hours. This is most likely attributable to factors such as reduced lighting and visibility, alcohol related accidents, and other factors associated with the night time hours. California Vehicle code section 22350 dictates that drivers must reduce speed and only travel at a reasonably safe speed given conditions of the road including visibility and, obviously, also outlaws driving under the influence.
The collision occurs when a passenger in Volkswagen opens door at stoplight, deputy says.
Steven M. Sweat's insight:
In this case, the passenger vehicle was stopped at or near the intersection of Santa Monica Blvd. and Crescent Heights. The driver parked along the road and then opened the door attempting to exit the vehicle. This opening the door collision scenario is common with both bicycle accidents and motorcycle crashes. Unfortunately, the drivers don't check their side view mirrors and simply fling the door open causing the mishap to occur. California Vehicle Code section 22517 mandates that drivers must not open doors on parked vehicles on a side available to moving traffic until they have determined that it is reasonable safe to do so.
Mo. texting while driving law nabs few violators San Francisco Chronicle The Columbia Missourian (bit.ly/Yd4NJL ) reports that an average of fewer than four people a month have received texting-while-driving tickets since the law was passed.
Steven M. Sweat's insight:
Unfortunate that enforcement appears to be lagging behind the California statutes which have banned texting and driving. Statistics show that distracted driving is responsible for 15 deaths a day. As a California personal injury attorney, I have seen my share of accident claims related to texting and driving.
Siri users beware -- a bill being introduced in the state Capitol is looking to ban hands-free texting while driving.
Steven M. Sweat's insight:
California took the lead in banning the use of electronic devices like cell phones while operating a motor vehicle. Now one CA lawmaker wants to ban even hands free use of cell phones. While the studies differ as to how much "distraction" takes place by the use of hands free devices, there is no doubt that "hands-on" texting and driving causes car accidents.
A Los Angeles judge Friday dismissed a wrongful death lawsuit filed against USC last May by the parents of two graduate students who were slain off-campus.
Steven M. Sweat's insight:
This is a tragic case of two students at the University of California being the victims of a violent crime that resulted in their death. The family of the victims brought a wrongful death civil lawsuit on their behalf claiming that the college misrepresented the safety of the neighborhood surrounding the college. The judge disagreed that this provided a basis for civil damages and the students' family plans an appeal.
While it is difficult to hold a premises owner liable for the intentional, criminal acts of third parties, it is quite possible to do so in certain circumstances. If the assault or other attack occurs on property owned, leased, controlled, maintained or possessed by the defendant, they may be held liable if they had reason to know that the acts may be likely to occur. If the property owner is providing private security for the area, there may be theories that a negligent security attorney could analyze to determine if the manner in which security was being provided created an unreasonable risk of harm to persons lawfully on the property.
Chris Brown is firing back against the idea that paparazzi had nothing to do with his car accident yesterday ... a rep for the singer tells TMZ he plans…
Steven M. Sweat's insight:
Holding the paparazzi responsible for civil damages in the case of Chris Brown will require that he show evidence that they acted negligently and caused him damages to his car or personal injury. Such evidence may be testimony from witnesses, physical evidence like tire marks, damage to his car, or other property. These types of cases are usually best analyzed by an experienced car accident attorney.
Chris Brown seems never far from trouble in Los Angeles. He alleges that the paparazzi caused him to crash his car and that he will "press criminal charges" and "hold them civilly liable." As far as criminal charges, this would be up the Los Angeles District Attorney's office but, calling the police and requesting a police accident report is never a bad idea after a car accident. Reports are not admissible at trial but, insurance companies do place a good amount of weight on their findings and conclusions. For civil liability, Chris will need to show that the paparazzi were, in some way, negligent (i.e. acted unreasonably and those actions caused him damages to his car or personal injury). Without more facts, it is hard to analyze this question.
Thomson Reuters News & Insight Lawyer from Merck Vioxx trial to head Toyota acceleration case Thomson Reuters News & Insight Feb 13 (Reuters) - A Houston trial lawyer who won a multi-million dollar verdict against Merck & Co over its Vioxx...
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Commercial trucks are a part of almost every American’s driving experience. Outside the small number of streets (often urban) in America than ban trucks, a motorist is likely to see a commercial vehicle of some sort on every road he or she uses. Sharing the road with these massive vehicles has become second nature to those of us who drive on a daily basis. But while you may not bat an eye at the presence of a semi tractor-trailer in the lane next to you, it’s still very important to understand the intense regulations that govern truckers (professional drivers) on a daily basis.
(Read more below)