California Accident Attorneys Blog

Published on: June 16, 2015

Does Paying Truckers By The Mile Cause More Accidents?

The trucking industry is a huge business across the nation as more than two-thirds of goods and merchandise are transported by trucks. A large portion of this truck traffic goes through California, carrying cargo that comes into west coast ports of entry. The U.S. Bureaus of Labor Statistics reports that 2.6 million people with commercial driver’s licenses are working in the industry, but nearly a million more have commercial driver’s licenses and are not using them. The American Trucking Assns. says that the industry is understaffed by between 35,000 and 40,000 drivers. By 2022, that number is expected to skyrocket to 240,000 drivers.

While the deficit is apparent over short distances, the long-haul industry feels the pinch the most. In addition, the lack of drivers affects ocean transportation and trains as they depend on truckers to complete the last leg of the journey.

Some companies have used shorter routes and signing bonuses to encourage new drivers. Other tactics include paying for training and special motivations for former military personnel, women or immigrants. However, these incentives are not making a permanent difference.

Published on: June 12, 2015

Car Accidents Caused By New Drivers

by Steven M. Sweat

As kids become teenagers and young adults, parents all have the same worry, and with good reason: Teens and young adults are much more likely to be involved in auto accidents than virtually any other group of drivers on the road. Part of this obviously has to do with the inexperience of the new driver; however, there are also many other factors that must be considered by every parent who is facing the prospect of a new teen driver on the road.

– The Lack of Driving Skill

Many state driving tests have actually been censured by special interest groups because they do not accurately portray the skill of a new driver. Although a lack of experience definitely contributes to many of the accidents that young drivers find themselves in, the lack of driving skill is another aspect of this statistic. Younger drivers get into accidents that older drivers might be able to avoid because of their familiarity with the small hazards of the road that cannot be accounted for on a standardized, static test.

Published on: June 1, 2015

More Insurance for Uber Accident Claims in California

by Steven M. Sweat

When you do business with a professional driver in California, you certainly expect that you will not end the interaction in an accident. However, this is not been the experience for many people who have recently patronized the Uber rideshare driving service in the state.

Claims in the Golden State from users of the Uber rideshare service have gone up in recent years, creating a real dilemma for insurance companies as well as for the rideshare company itself. It seems that drivers who are affiliated with the service have been getting into a great deal of trouble both on and off the clock, and it is uncertain why this is the case.

Many of the drivers have been saying that passengers in the rideshare vehicles have been creating untenable demands on them to somehow magically get to a remote location faster than traffic would allow. Because they are supposed to be “professional drivers,” they feel a pressure to perform more efficiently than the average driver would. However, anyone who has faced down the bumper-to-bumper traffic in CA understands exactly what even a professional driver is up against. Sometimes, there is simply no fighting the flow – you simply have to wait your turn.

Published on: May 12, 2015

Is Google Hiding the Ball on Accidents Stats for Their Self-Driving Cars?

by Steven M. Sweat

Google’s self-driving cars are here, but if you are in a state other than California, you wouldn’t know it from personal experience. To this date, California is the only state to allow these vehicles to be tested on the open roads.

Of the 50 vehicles that received permits to be driven on the roads and highways since September of 2014, four of them have been involved in collisions. To be fair, only two of the accidents occurred while the car was not being controlled by a human being.

Three of the four accidents involved Lexus SUVs that Google equipped with computing power and sensors. Delphi Automotive is an automobile parts supplier that owns two self-driving vehicles. One of these was involved in the fourth crash. Executives with Google and Delphi denied that their vehicles were at fault in these collisions. They also both claimed that the crashes were insignificant.

Published on: May 11, 2015

Dog Bite Propensity By Breed

by Steven M. Sweat

While a dog can be man’s best friend, this domesticated animal can also exhibit aggressive behavior toward them. Countless studies have been conducted to determine if there is a connection between certain breeds and their inclinations to bite. At all times, you should be cautious around unfamiliar animals, but here is a quick look at various breeds to help increase your awareness and avoid potentially dangerous encounters. As with any heavily populated urban environment, especially one like Southern California, where dog owners are numerous and breeds are highly varied, these types of incidents can and do occur quite often in places like Los Angeles, Orange County and the Inland Empire.

According to the American Veterinary Medical Association (AVMA), the following dog varieties are most commonly involved in biting incidents:

German Shepherd

Published on: May 7, 2015

California Home Depot Accidents Require Skilled Injury Lawyers

by Steven M. Sweat

A correctional officer was shopping in a Home Depot store in California when a palm tree for sale fell onto her back, which caused her injuries requiring surgery and left her unable to work. A welder in Boston broke his shoulder after falling off a ladder purchased from a Home Depot when the top rung collapsed. A man driving in Tennessee was hit head-on by a Home Depot delivery driver nearly costing him his life.

What do these people have in common besides their connection to Home Depot? They all received six-figure payouts from the company.

Regular Home Depot shoppers got a shock last year when the company revealed that customers’ credit card data had been compromised, but that isn’t the only accident the company is trying to clean up. The trend of customers incurring injuries at the retail chain’s stores or from using their products has been less high-profile.

Published on: April 21, 2015

Takata Air Bag Recall Lawsuits

by Steven M. Sweat

Takata Corporation recalled its air bags in 2008, but officials with the National Highway Traffic Safety Administration or NHTSA found this to be insufficient. These officials decided to request an expansion of the recall in a stern letter on November 18, 2014. At that time, Takata executives claimed that the expansion was unnecessary.

In October, NHTSA officials strongly urged owners of vehicles with faulty air bags to have the bags replaced, but in February, they learned that approximately 90 percent of vehicles with Takata air bags had not been repaired.

The Problem

Published on: April 14, 2015

Physical and Sexual Abuse in California Nursing Homes

by Steven M. Sweat

Physical and sexual abuse in California nursing homes, assisted living institutions and adult day care facilities is still a huge problem. Elder abuse is a silent epidemic that’s prevalent in nursing homes and long-term care facilities in every city and state. According to the National Center on Elder Abuse, 3.2 million Americans spent time in nursing facilities in 2008. Within the next few decades, some 5 million aging adults will move into assisted living and long-term care facilities. Even now, millions of moms, dads, aunts, uncles, grandparents and loved ones risk being abused by their caretakers. This is one problem that’s not going away or getting better. Experts have called elder abuse one of the greatest law enforcement challenges of the 21st century. The statistics on the issue are shocking.

• One in three nursing facilities was cited for multiple violations that caused harm or had the potential to harm residents.

• Fewer than 2 percent of certified nursing facilities had no violations.

Published on: April 9, 2015

Sexual Abuse Lawsuit in California Hospital

by Steven M. Sweat

Two patients of Cottage Rehabilitation Hospital filed complaints against Cottage Health System in 2013 for alleged sexual abuse. Just recently, a third patient filed a lawsuit against the company for the same reason. The lawsuit alleges that nursing assistant Pedro Hernandez sexually abused a disabled patient who is only being identified as “Manuel T.” According to the complaint, Mr. Hernandez began abusing 69-year-old Manuel T. in a sexual manner in 2012 and that the abuse continued until 2014.

In July of 2014, authorities filed charges of sexual battery against Mr. Hernandez for sexually assaulting Manuel T. and another patient, but the wife and conservator of Manuel T. claims that she did not learn this information until after several months had passed. The complaint specifically states that administrators deliberately withheld this information from the patient’s family members.

The History of Complaints against Pedro Hernandez

Published on: April 8, 2015

Sacramento Injury Verdict Demonstrates “Eggshell Plaintiff Rule”

by Steven M. Sweat

According to Juryverdictalert.com , a jury in Sacramento California rendered a verdict of approximately $360,000 in a case of “disputed injury”in the matter of “Doe v. Landis” Case No. 34-2012000133121. (See jury verdict summary here ). The summary of this case and the things I find interesting about the claim are as follows:

Facts of the Case: Plaintiff was rear ended while sitting at a stop light. She claimed immediate neck pain at the scene of the accident. She underwent several months of physical therapy and, when this did not fully resolve her pain, she underwent trigger point injections. At the time of trial, she still claimed to have residual pain. The plaintiff had a history of fibromyalgia and chronic pain and headaches prior to the car crash.

Rules of Law that Can Be Drawn from This Verdict: Cases where a party is injured due to negligence or wrongdoing but, had a pre-existing medical condition prior to the incident are not uncommon. California law basically states that the defendant is not liable for prior medical problems, but, to the extent that these problems were exacerbated by the incident complained of, the defendant is still liable. Furthermore, if any prior medical condition caused the plaintiff to be more susceptible to injury, it is immaterial to liability. Specifically, these rules are stated as follows: