Articles Posted in Car Accident

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XrayIn a decision filed just last month, a California Appeals court entered their decision regarding a personal injury case.

The case arose out of a car accident whereby the plaintiff was purportedly rear-ended by the defendant. According to testimony, the accident occurred when the defendant’s foot accidentally slipped off the brake temporarily, while he attempted to reach an item that had fallen to the floor. After pulling over to assess the damage to their vehicles, both drivers ascertained negligible damage to their vehicles, no emergency services or tow vehicles were called, and the plaintiff did not exhibit any signs of injury. After exchanging insurance information, the two individuals drove off in their own vehicles.

The plaintiff filed a personal injury lawsuit against the defendant. The defendant answered, admitting liability for the collision and property damage, which had been paid, but denying that the accident had caused the plaintiff to suffer any damages. The issues of damages and causation went to a jury, and the ultimate verdict was in favor of the defendant. The plaintiff appealed, claiming that the testimony of the defendant’s designated medical expert was improper.

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A California Appeals Court recently reached a decision in a car accident case clarifying the extent to which a defendant can require a plaintiff to submit to a particular kind of examination during the course of a personal injury lawsuit. The case involved a lower court’s decision to allow the defendant to have the plaintiff undergo a vocational rehabilitation examination during the course of evidence gathering, called discovery, so that the defendants’ expert could reach an opinion as to whether and to which extent the plaintiff could pursue gainful accident

The underlying incident occurred in November 2012 when the plaintiff was delivering packages at a university in his capacity as an employee of On Trac. As he was delivering packages from his parked truck, the car owned by one of the co-defendants, which was parked by the other co-defendant, an employee of the university (later added as an additional defendant), purportedly rolled down a hill and struck the plaintiff. As a result of the accident, the plaintiff sustained multiple fractures to his right femur and pelvis, requiring surgery. At the time of the decision, he had not returned to work since the accident.

In September 2013, the plaintiff filed suit against the owner of the car and the individual who had been driving the car that day. He later amended his complaint to add the university as a defendant. The plaintiff sought compensatory damages for wage loss and loss of earning capacity, among other claims.

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In a decision published at the end of last month, E.M. v. Lounge, Cal. Ct. App. (2017), a California appeals court clarified the reach of the liability of venues for serving alcohol to patrons who later become injured as a result of intoxication. The clarification, however, was not based solely upon the claim that the furnishing of the alcohol was responsible for the resultant accident. Instead, the claim was based on a respondeat superior theory of law. Respondeat superior is a legal concept whereby an employer can be held accountable for the negligent acts of its employee, if the conduct occurred within the scope of the employment.

liquor bottlesIn the case, a woman had reportedly consumed alcohol that was furnished by the defendant “Lounge.” She was then involved in a car accident and died. Her family brought the wrongful death lawsuit on her behalf. The initial complaint and second amended complaint pursued negligence theories, but the third amended complaint included a respondeat superior claim against the Lounge, asserting that the decedent was an employee at the Lounge and that it was during the course of her attendance as an employee that she had consumed excessive amounts of alcohol. The defendant moved for a demurrer, claiming that the argument should not be allowed, since the claimants should have known when they originally filed the lawsuit whether or not the decedent was an employee, and further disputing that she was at all.

Generally speaking, California law provides extensive protection against civil liability for injuries that occur due to a person who has consumed alcohol. State law explicitly states that “the furnishing of alcoholic beverages is not the proximate cause of injuries resulting from intoxication, but rather the consumption of alcoholic beverages is the proximate cause of injuries.” (Civ. Code, § 1714, subd. (b).) Therefore, by law, the Lounge could not be held liable for serving the decedent alcohol because the serving of the alcohol was not the cause of the accident.

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Carlsbad Car Accident LawyerIf you’re like many Carlsbad-area residents, you love Thanksgiving. It’s a chance to enjoy some delicious food and some invaluable family time. It’s also a holiday that often calls for a lot of time on the road.

And this is where a great holiday can become a little dangerous. Our car accident lawyers have handled entirely too many cases that occurred over the Thanksgiving holiday. There’s a reason the police are often on high alert around Thanksgiving.

You don’t have to be a victim. You’re never fully in control on the road, but there are still a few things you can do around Thanksgiving to protect yourself while in your car:

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Car accident lawyer San Marcos | Carlsbad, Escondido, CA The National Highway Traffic Safety Administration (NHTSA) estimates that nearly 11,000 tire-related accidents occur every year, causing almost 200 deaths, annually. Our car accident lawyer in San Marcos, Zev Rubinstein, can help you if a defective tire, or someone else’s negligence, has resulted in your injury.

When traveling in your vehicle, everything rests on your tires. When a tire fails, stability and control is lost, and devastating accidents often follow. Many tire failures are caused by manufacturing or design defects. Some of the world’s largest tire manufacturers have recalled defective products over the past decade, including Michelin, Goodyear, Bridgestone and Firestone.

The following issues can result from defective or failed tires:

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Car Emergency Kit | Accident lawyer Carlsbad | Oceanside, CAThe National Highway Traffic Safety Administration (NHTSA) reports that nearly six million auto accidents occur every year in the U.S. If you suddenly find yourself included in this staggering statistic and need an accident lawyer in Carlsbad, Oceanside or Escondido, Zev Rubinstein can help you fight for the justice and compensation you deserve.

The immediate moments following a car, motorcycle or truck accident are often the most crucial. California law requires you to stop, exchange information with other drivers and give reasonable assistance to anyone who is injured. If the accident is blocking traffic, you should clearly warn other drivers to avoid further collisions and injuries until police or other emergency vehicles arrive. To do this effectively, you need to be prepared.

No one plans on getting in an accident, but everyone can plan ahead in case one happens. A roadside emergency kit can be a vital, and possibly life-saving, tool when unexpected events occur on the road. You can usually purchase pre-packaged emergency kits for anywhere between $20 and $80, or you can build your own.

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During the month of May, the National Highway Traffic Safety Administration (NHTSA) partners with law enforcement agencies across the country to heighten awareness and enforcement of seat belt use. The Carlsbad Police Department, in cooperation with the California Office of Traffic Safety and other government organizations, is cracking down on people who fail to use their seat belts.

The “Click It or Ticket” campaign runs from May 19 through June 1, but Carlsbad car accident lawyer Zev Rubinstein knows seat belts can mean the difference between life and death year round. Over 20,000 people are killed in automotive accidents each year, and the NHTSA reports that nearly half were not wearing seatbelts at the time of the crash.

Wearing your seatbelt is your best line of defense in the event of an automotive accident. Additionally, if you are in an automotive accident due to the carelessness of another driver, wearing your seatbelt can be key to establishing your personal injury case with the help of a car accident attorney.

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Hurt in an Auto Accident? Don't get distracted - contact our Carlsbad Attorney todayTechnology is a mainstay of everyday life. But even as mobile phones and other devices bring us together, they also create problems. Texting and driving has become a leading cause of auto accidents.

In a recent poll conducted by Allstate Insurance, over 85% of people said that they believe distracted driving is as dangerous as or more dangerous than drunk driving. And yet, nearly half of the people surveyed still admitted to texting while driving at least some of the time.

April is Distracted Driving Awareness Month. Throughout the month groups like the National Safety Council will attempt to raise awareness of the dangers of texting, talking on the phone, and other distractions behind the wheel.

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If you're hurt in a crash, our Car Accident Attorney in Oceanside can helpFive California destinations have made the list of top 25 beaches in the United States released by TripAdvisor. With many schools letting students out for spring break, beaches throughout Southern California are likely to see an influx of tourists. Many different factors can make driving dangerous this time of year, which is why our car accident attorney in Oceanside urges local residents and visitors alike to take extra care on the roads.

If you’re at a spring break hot spot, beware of the following car accident risk factors:

  • Traffic congestion
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Carlsbad Attorney Zev Rubinstein can build a case on your family's behalfNearly 10% of the fatal car crashes in the United States happen in California. In fact, according to the latest data from the National Highway Traffic Safety Administration, our state saw an increase in both the total number of deadly car accidents and drunk driving collisions ending in death.

This is certainly sad news. The human cost of a car accident is often overwhelming, and crashes ending in one or more deaths are downright devastating.

If someone you love tragically died in an auto accident, you and your family might be entitled to compensation. However, it’s important to take steps to protect your rights. These steps include: