Legal Articles, Accident & Injury

How Car Accident Tort Settlements Work in Ontario

A car accident happens when you least expect it so it is important to know what to do in advance. This article describes the tips if you are involved in an Arizona car accident.

The most common injuries in poultry processing plants will be covered in this article, along with steps employees can take to prevent them.

One of the most common causes of motorcycle accidents in California, in my experience, is vehicles making left-hand turns in front of motorcycles. When vehicles make left-hand turns, they often don’t see the motorcyclist, either because they’re not paying attention or because they misjudge the speed.

Bus accidents involve a unique set of circumstances and considerations, especially when pursuing personal injury damages as an injured party. In California, both private and public busses are classified as “common carriers.” This means that bus drivers and bussing companies are held to a higher standard of care than the average driver, as they “must use the utmost care and diligence for their safe carriage, must provide everything necessary for that purpose, and must exercise to that end a reasonable degree of skill.” (California Civil Code 2100)

California Disabled Persons are protected under the Americans with Disabilities Act (“ADA”) including 42 U.S.C. section 12102, California Government Code section 12926(m), Unruh Civil Rights Act, California Civil Code section 51, et seq. (“Unruh Act”), and the California Disabled Persons Act, California Civil Code section 54, et seq. (“DPA”). Title III of the ADA provides in pertinent part, “No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who . . . operates a place of public accommodation.” (42 U.S.C. § 12182(a).) “The ADA prohibits discrimination on the basis of disability in the enjoyment of public accommodations, including with respect to access.” Jankey v. Lee (2012) 55 Cal.4th 1038, 1044.

It depends on how intoxicated the person was. If they were found to be impaired, it could affect the types of claims that you can bring against them. If someone is so impaired that they are legally intoxicated, they could be held responsible based on the negligence per se. This essentially means that they have violated a vehicle code or a criminal statute, which makes them legally responsible for the accident. If that has been established, then they are automatically considered liable for a personal injury claim. The case will just be a matter of proving what damages you’ve suffered through your injuries.

Many of the commercial vehicle and/or trucking accidents I see in California are caused by speeding. Some truck drivers have a propensity for driving too fast, for various reasons. They also tend to make lane changes without ensuring that there is proper clearance to make that lane change. I also see many commercial vehicle and trucking accidents in California caused by inattention, texting, and being on a cellphone.

If you have been injured in a car accident, you may be wondering how your case will be evaluated. What will an attorney look for when determining if you have a valid claim? While every attorney's approach is slightly different, there are certain steps that are generally taken when it comes to examining the facts of a car injury case.

Expecting the adjuster to be fair with a personal injury claim is a mistake most accident victims make.