San Francisco Injury Lawyer Blog

Four Quick Facts About Personal Injury Law in CA

February 28, 2021 | Gregory J. Brod

Accidents happen every day in California, and when they do, they change the lives of accident victims. Most accidents are preventable and are caused by one careless or negligent action of another individual. After an accident occurs, you can file a compensation against the liable, or at-fault, party. Unfortunately, the personal injury claims process is not easy, and one mistake could cause you to forfeit the compensation you desperately need after an accident. Before filing your claim, consider the following four quick facts about personal injury law in California.

California Follows Tort Law

Along with most other states in the country, California is a tort state. This means that if you are injured in an accident caused by the negligence of another person, you must file a claim directly against the liable party, or with their insurance company. If you contributed to the accident and are found to be partially at fault, you can still file a claim to recover a portion of the damages available. California follows pure comparative fault law, meaning that even if you are assigned 99% of fault, you can file a claim for the remaining 1% of damages you sustained.

What is a Wrongful Death in California?

February 8, 2021 | Gregory J. Brod

Accidents can happen in an instant, and when they do, they can be tragically fatal for accident victims. After a fatal accident, surviving family members are left grieving one of the worst kinds of losses. In addition to the grief loved ones feel during this time, they are also left with costs related to their loss, including funeral and burial costs, loss of services, loss of companionship, and more.

Surviving loved ones can file a wrongful death claim to recover compensation for these losses, but wrongful death claims are some of the most complex to file. A San Francisco wrongful death lawyer can help family members overcome the obstacles these claims present so they receive the full damages they deserve.

What is Wrongful Death?

Do You Have a Valid Personal Injury Claim?

November 15, 2020 | Gregory J. Brod

Accidents happen every day, and it is not always easy to determine if you have a valid personal injury claim afterward. It is for this reason that you should always speak to a personal injury attorney after any type of accident. However, before calling a lawyer, you can also read through the guidelines below to determine if you have a valid personal injury claim.

You Were in an Accident

To file a personal injury claim, you generally must have been involved in an accident. Personal injury law covers a wide variety of circumstances. Car accidents, truck accidents, bicycle accidents, and slip and falls are just a few of the most common types of accidents. Additionally, you may have a valid claim if you were bitten by someone else’s dog or were hurt by a defective product.

How can Dashboard Cameras Affect Your Lawsuit?

October 15, 2020 | Gregory J. Brod

Dashboard cameras, more commonly known as dash cams, are becoming increasingly popular in California. People sometimes use them to capture the actions of police officers while on duty, or to obtain footage of potentially dangerous drivers, such as individuals other motorists suspect are driving while impaired. Dash cams are also sometimes used to collect evidence during car accidents, as they can show what happened in the moments leading up to a crash and determine which driver was negligent. The question is, do dash cams help your case, or can they actually hurt it?

Are Dashboard Cameras Legal?

Dashboard cameras have been legal in California since 2011. However, there are restrictions placed on them. Dash cams cannot be any larger than five square inches when they are located in the upper center of the windshield. When they are placed in the lower right corner, dash cams can be no larger than seven square inches. Dashboard cameras can also not be placed anywhere an airbag would deploy.

Property Owners are Responsible for Their Swimming Pools

July 30, 2020 | Gregory J. Brod

According to the CDC, 3,500 people die from unintentional drownings not related to boating every year. Many of those deaths occur in swimming pools located on the properties of hotels, apartment buildings, and condominium complexes. The owners of these properties are responsible for ensuring that their swimming pools are safe and that they have warning signs up regarding the risks associated with swimming pools. When property owners fail to do this and someone becomes injured or killed in their swimming pool, they can be held liable.

Responsibility of Property Owners

Property owners are responsible for ensuring that their property is safe and well maintained, and that includes swimming pools on the property. When it comes to swimming pools specifically, property owners are responsible for:

Distracted Driving Involves More Than Your Phone

June 15, 2020 | Gregory J. Brod

To most people, the term ‘distracted driving’ usually refers to texting while driving. Although texting and driving is a form of distracted driving, and against the law, there are many other types of distractions drivers contend with when behind the wheel. Although these other forms of distractions may not be against the law, a driver may still be found negligent when engaging in these behaviors. Accident victims can hold negligent drivers liable for providing compensation for any injuries or losses. For this reason, it is crucial that all drivers are aware of the different types of distractions, so they can avoid them.

Adjusting Controls in the Vehicle

Looking over to adjust the climate control in your vehicle, the radio, or any other type of control may seem like a fairly safe practice. When you do this though, you take your eyes off of the road, and you can cause an accident in that short moment. If possible, ask a passenger to make these adjustments, or use the controls on the steering wheel, if your vehicle is equipped with them.

How Much is My Dog Bite Claim Worth?

May 31, 2020 | Gregory J. Brod

Under California’s strict liability laws, individuals that are bitten by a dog are entitled to hold the owner liable for paying compensation. Dog bites are very serious injuries and can cause permanent scarring, disfigurement, deep cuts, and secondary infections. These injuries are not only painful, but they are also expensive to treat.

While it is important to remain realistic about the damages one may receive, it is just as important to not undervalue a claim. Although no one can say with certainty how much a dog bite claim is worth, there are some guidelines you can follow to determine how much you can recover in damages.

The Nature and Extent of Your Injuries

Medical Malpractice for Failure to Treat or Diagnose Coronavirus

April 24, 2020 | Gregory J. Brod

The coronavirus has impacted nearly every region of the world, and its impact is likely going to be felt long after there is a vaccine available. Although medical professionals throughout California are doing their best to stay on top of the virus and care for the patients who are infected with it, there are going to be mistakes made. Tragically, with this virus being so deadly, those mistakes are going to cost lives.

When this happens, it is important that patients understand that they have legal options, but any personal injury cases involving the coronavirus are going to be particularly complex. A California medical malpractice lawyer can help injured patients and their families throughout the process.

Failure to Treat and Diagnose Coronavirus

What Does California Law Say About Lane Splitting?

April 17, 2020 | Gregory J. Brod

Lane splitting occurs when a motorcyclist travels between two lanes of traffic. Bikers typically do this when traffic has come to a complete stop or when it is slow-moving. This gives the biker an advantage over other vehicles because it allows them to move through traffic faster and exit a traffic jam. Lane splitting is one of the most controversial practices regarding motorcycles in California. While proponents of it say that the practice does not contribute to the amount of motorcycle accidents, others say it is extremely dangerous. So, what does California law say about lane splitting?

Lane Splitting Law in California

Many people think that California is the only state in which the law specifically allows for lane splitting. This is not entirely true. While bikers are not usually pulled over or discouraged from lane splitting, there simply is no law on the books that either allows it or prohibits the practice. However, in 2016, Governor Brown passed Assembly Bill 51, which gave the California Highway Patrol the authority to instate lane splitting safety guidelines.

Nursing Home Abuse and Negligence During COVID-19

April 10, 2020 | Gregory J. Brod

As the new coronavirus sweeps the globe, residents in nursing homes have been some of the hardest hit populations. An outbreak, which can be declared after just one of two residents test positive for the virus, can be deadly for anyone in the nursing home. Since the virus first emerged, it has been said that the people most vulnerable to the sickness are the elderly.

Although there is seemingly little that can be done about it, the staff and owners of these nursing homes have more responsibility on their shoulders than ever. When they fail to meet that responsibility and are negligent in their duties, nursing home residents and their families can hold those staff members and nursing home owners liable for any damages. A California nursing home abuse lawyer can help families with their case.

Nursing Home Guidelines During COVID-19 Set By CMS