California Accident Attorneys Blog

Published on: August 31, 2017

Creating the Perfect Car Safety Kit

car-safety-kit Kate bobbed her head slowly as the soft music issued from her car’s stereo. She glanced down at her gas gauge, noting she would easily make it to her parent’s house before empty. The sun set heavy on the horizon as empty field after empty field passed by her window as she bustled along the highway.

She loved visiting family. Although she didn’t get to do it as often as she liked, she took every chance to visit her mom and dad back home. The drive was not that bad. Kate had driven it so much; she knew each turn. Every bend in the road was familiar to her.

As night began to fall, Kate began to drive a little more carefully. As she turned her lights on, the car behind her did as well. She noticed the car behind her was driving a little too close for comfort. She wished the other driver would keep a greater following distance.

Published on: August 28, 2017

California Court of Appeals Rules Against Property Accident Victim

by Steven M. Sweat

swimming-pool-accident-claims-California

When visitors to the properties of others are injured in California, they may be able to recover damages by holding the property owners liable in a premises liability lawsuit. However, it is important for people to note that just because they might be injured by a dangerous condition that exists on the property does not necessarily mean that they will be able to recover damages. In Jacobs v. Coldwell Banker Residential Brokerage Company,2d Civil No. B277832, the court found that victims who are injured in accidents that are unforeseeable are not able to hold the defendants liable under a theory of premises liability.

Issue: Is climbing on a diving board to inspect property over an empty pool foreseeable?

In the case, the plaintiffs were being shown a bank-owned home that they were interested in buying as an investment property. The home had an empty swimming pool with a diving board, and the listing agent had noted that prospective buyers should exercise caution around the edges of the swimming pool. Prior to the showing, an inspector had inspected each room of the home, the swimming pool and the diving board, and did not see any problems with the diving board such as cracks or other indications that it was in an unsafe condition. While being shown the swimming pool area, the plaintiff climbed on the diving board so that he could see over the fence because he wanted to determine if trespassers would be able to jump over the fence that surrounded the pool area. While he was standing on the diving board, it broke, causing him to fall into the empty pool.

Published on: August 18, 2017

Potential for more Trucking Accidents in California if New Federal Law Passes

by Steven M. Sweat

truck-accident-attorney-lawyer-California

A provision that is included in pending legislation in the U.S. House of Representatives may result in fewer truck drivers in California taking needed rest breaks while they are working. The bill would apply to truck drivers who drive into California from other states while exempting them from California’s mandatory rest break requirements. If this bill passes, truck drivers may be more fatigued and cause more accidents in both California and in the rest of the U.S.

The proposed law

A provision that is included in a House appropriations bill would exempt interstate truck drivers who drive into California from following the strict rest and meal break regulations in the state. Under California law, all workers, including truck drivers, must take one 30-minute meal break every five hours and one 10-minute rest break every four hours of work. Some other states, including Kentucky and Colorado, have similar rest and meal break laws on the books. Federal law only requires that truck drivers take one 30-minute break during the first eight hours of driving. Officials in California are concerned that reducing the amount of time that drivers spend resting may result in increased injury and accident rates in the state.

Published on: July 31, 2017

Girl live streams her sister’s death

by Steven M. Sweat

A tragic case in California in which a teenage girl live streamed the accident that claimed her sister’s life illustrates multiple risky teenage driving behaviors that are becoming increasingly prevalent. When minors engage in negligent and risky driving behavior, they endanger themselves, their passengers and the people who are traveling on the roadways around them. People who are seriously injured by the negligence of teenage drivers may benefit by consulting with an experienced Los Angeles personal injury attorney.

Facts of the case

On July 21, 2017, 18-year-old Obdulia Sanchez was driving her 2003 Buick with her 14-year-old sister, Jacqueline, and her sister’s 14-year-old friend riding as passengers in the back seat. Sanchez was reportedly driving while under the influence of alcohol. According to the California Highway Patrol, Sanchez was traveling north of Los Banos. She was live streaming on Instagram using her mobile phone while she was driving with blaring music in the background.

Published on: July 25, 2017

Injured horseback rider denied recovery due to assumption of the risk

by Steven M. Sweat

Sports and recreational activity participants may be barred from recovering damages following injury accidents during those activities if what occurred was an inherent risk associated with that sport or activity. When people choose to engage in risky activities, California law says that they have assumed the risk of injury by participating in them. In Swigart v. Bruno, Cal.App.4, Case No. D071072, the court ruled that a woman who was injured by a horse while participating in an endurance riding event could not recover in a lawsuit alleging negligence against another rider.

Issue: Whether a participant in a sport or other recreational activity can sue another participant for negligence in the case of an injury accident?

The plaintiff, Kathleen Swigart, and the defendant, Carl Bruno, both participated in an endurance horseback riding event in Perris, California on March 3, 2012. The course was 50 miles long. Swigart dismounted at the eight-mile card checkpoint. While she was on the ground, Bruno’s horse contacted the horse in front of it, causing that horse to kick Bruno’s horse. Bruno’s horse then bolted, throwing Bruno off and striking Swigart, injuring her. Swigart filed a lawsuit against Bruno alleging negligence and gross negligence. Bruno filed a motion for summary judgment, and the trial court agreed, dismissing the action. Swigart then appealed to the Califonia Court of Appeals.

Published on: June 23, 2017

$10.7M Los Angeles Traumatic Brain Injury Jury Verdict

by Steven M. Sweat

People who are injured in accidents and who are already are injured may be able to recover damages for the aggravation of their preexisting conditions or injuries. In M.C. v. Victor Matthews, Los Angeles Superior Court case number BC557692, the jury returned a substantial verdict to a child with a learning disability who suffered a traumatic brain injury in an automobile accident, illustrating how California courts treat cases in which a preexisting condition is worsened by injuries in accidents.

Factual background of the case

The plaintiff was a 10-year-old girl who was riding as a passenger in a vehicle that was struck by the defendant. The girl was sitting in the backseat behind the driver when the car in which she was riding was rear-ended. She suffered fractures and claimed that she also received a traumatic brain injury.

Published on: May 18, 2017

California Care Facility Liable for Sex Among Special Needs Children

by Steven M. Sweat

In California, residential care facilities owe a duty of care to their residents. In some cases, that duty extends to when the residents are off of the facility’s campus, depending on the circumstances. In Doe v. FamiliesFirst Inc., Sacramento Superior Court, case number 34-2014-00172564, how that duty applies when residents wander off of campus and are harmed was demonstrated.

Factual background of the case

EMQ FamiliesFirst was a residential care facility that provided educational services, housing and mental health to children between the ages of six and 15. The plaintiff was a child who lived in the home and received services. He was sexually assaulted when he wandered away from the facility.

Published on: May 2, 2017

Road Safety for Truckers and Drivers in California

by Steven M. Sweat

California-Truck-Accidents The trucking industry in the United states have grown immensely in the last few years. The nation moves over 70% of its freight tonnage via trucks. In 2015, the trucking business generated over $700 billion, surpassing industry standards. This opened a myriad of possibilities for truck-related business owners, logistics companies, and many employment opportunities for truck drivers. As of 2016, the demand for qualified, licensed drivers have resulted to more than 115,000 job vacancies for truck drivers.

There is an estimated 8.9 million people employed in truck-related jobs in the U.S. From that figure, about 3.5 million are truck drivers occupying U.S highways and logging over 288 billion miles a year.

How safe is trucking in California?

Published on: April 20, 2017

Legal Ramifications of Uber Ignoring Drunk Driver Complaints

by Steven M. Sweat

Should Uber get sued if its driver is drunk and injures or kills someone after ignoring complaints about that driver being DUI? People routinely use Uber and similar ride-share services for transportation throughout Southern California and the state. Ride-share services in California are regulated by the state’s Public Utilities Commission, which requires them to conduct background checks of their drivers. Reportedly, Uber is facing a fine of $1.13 million for its alleged failure to investigate complaints of drunk Uber drivers and to suspend them.

Uber’s stated policy and regulatory obligation on drunk driving

The Public Utility Commission requires Uber and other ride-share services to have zero-tolerance policies about drunk driving. Under Uber’s policy, drivers who are found to be driving under the influence while using Uber’s ride-share app are supposed to be permanently deactivated, meaning that they will not be able to use the app or drive for Uber any longer.

Published on: April 18, 2017

When can an employer be liable for their employee drinking and driving?

by Steven M. Sweat

Employer, Drunk Driving, Liability, California

In some cases, employers in California may be liable when their employees are intoxicated and cause accidents. Plaintiffs may be able to sue the employers under a legal doctrine called vicarious liability. Employers may also be liable if they negligently retain or hire an employee who then injures others while drinking and driving. In a recent case in Los Angeles, the principles of negligent retention and vicarious liability were demonstrated.

Factual background

In George v. Firstservice Residential California LLC, Los Angeles Superior Court case number BC534796, a man was seriously injured when he was being driven by an employee of Firstservice Residential California LLC. Lance Sandman was a general manager of the company, and he was driving the plaintiff home after the pair had left a pub on March 17, 2013. The plaintiff, Tomislav George, was the vice president of a homeowners’ association board, which was a client of Sandman’s company. Both men had drunk alcohol at the club. On their way to the plaintiff’s home, Sandman crashed into another vehicle, seriously injuring the plaintiff. The plaintiff’s injuries included a near-amputation of his arm that later required more than 30 surgeries.