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Stockton Personal Injury Law Blog

Our attorneys can help file a personal injury claim

Car accident victims and victims of other personal injury accidents find that the recovery process can be overwhelming. In addition to the physical and emotional pain one may be experiencing post-accident, one may also be unable to work and struggling to pay medical bills. Many people find that filing a claim against the negligent parties that caused their accident is the best way to recover financial compensation. In addition to financial compensation, one can feel peace of mind knowing that the people who caused the pain and suffering were held accountable for their actions.

However, filing a lawsuit can seem overwhelming after an accident, particularly if struggling financially, emotionally and physically. That is where the attorneys at Drivon Turner & Waters, PLC, come in. Over the past 40 years, our firm has helped hundreds of California residents recover damages after the most traumatic moments of their lives.

Can one sue someone even if they were negligent?

Many people file legal claims following an accident to recover damages to cover their medical expenses, lost wages, pain and suffering, and other accident-related expenses. Generally, the injured party will allege that the defendant's negligence caused their car accident and injuries, and ideally, will prove their claim and receive financial compensation.

However, not every case is so clear cut. In many cases, both parties are negligent and both parties may have played a role in causing the accident. For example, if one were driving on the highway and collided with another vehicle that entered their lane, both could have been negligent. The other driver may have been negligent in that he made an unsafe lane change or failed to keep a proper lookout. One may have also failed to keep a proper lookout or failed to pay attention (e.g., texting at the time of the accident).

How can one prove fault in a product liability case?

Defective and dangerous products are responsible for countless injuries and deaths in the United States. If California victims do not step forward and file lawsuits against those responsible, it is likely that the manufacturers and retailers of these products will continue to sell faulty products and cause serious harm to many more people.

If one has decided to file a lawsuit against the parties responsible for those injuries, one can prove that a manufacturer and retailer is at fault by establishing that they are strictly liable. Generally, the theory of strict liability states that if a person is injured by a dangerous or defective product, they can recover damages, even if they cannot prove negligence. This benefits consumers because it would be difficult for a consumer to prove when the defect occurred, and that they checked the product for defects before using it.

Study: 4 in 10 high-school students text while driving

Driving requires us to focus completely on the road. However, drivers nowadays, particularly, teenagers, are likely to distract themselves with their cell phones while behind the wheel. In 2015, 14 percent of fatal distracted driving car accidents involved the use of a cell phone.

A recent study by the Journal of Adolescent Health looked at the likelihood of teens texting and emailing on their phones while driving. In 2015, 35 states gave out the Youth Risk Behavior Study to over 100,000 students at least 14 years of age who had driven over the past month. Researchers at the Journal of Adolescent Health analyzed this data, focusing only on teen texting and emailing behind the wheel. Other cell phone behaviors, including use of social media and music, were not analyzed.

Talking to your children about safe driving

As a parent of teenage children, it is likely that you have fears or concerns about your children's safety on the road. It is a well-known fact that teens have the highest collision risk of all age groups, and car crashes have been reported to be the leading cause of death among teens by the Centers for Disease Control and Prevention.

It is important that you consider how you will discuss safety and responsibility with your children when they gain their driver's license or when they start to learn to drive. By preparing for the conversation, you are able to equip yourself with useful facts and reflect on what arguments are most likely to positively influence your child.

Common forms of truck driver negligence

California motorists often share the roadways with commercial trucks that are responsible for transporting goods cross-country. Commercial trucks are inherently dangerous, as they weigh significantly more than passenger vehicles and are much harder for drivers to operate. Despite these inherent risks, many truck drivers decide to take even greater risks by acting negligently behind the wheel. Truck driver negligence can significantly increase the likelihood of a serious accident.

One of the most common forms of truck driver negligence is driver fatigue. We all know that truck drivers often spend long stretches of time driving to make their delivery deadlines. However, federal trucking regulations have strict rules restricting the number of consecutive hours a driver can be behind the wheel.

What are the main categories of product liability?

Anytime we buy a product, we trust that the product is safe and meets certain standards. Many companies work hard to put out high quality products, but sometimes creating defective products that harm innocent consumers. If you have been harmed by a defective product, you may be able to recover damages for your injuries from the parties involved in the manufacturing and sale of the product, including manufacturers, retailers, and distributors.

Under California product liability law, most cases involving a defective product fall under three categories. The first category requires that there be a defect in the design. Courts in California determine whether a party is liable for a defective product by using the risk/benefit test and consumer expectations test. Under the risk/benefit test, if there are inherent risks in the design of the product, and they outweigh the benefits of the design, the parties that designed it will likely be liable. Under the consumer expectation test, if a reasonable consumer would find that the product performs as safely as expected.

Physician burnout could lead to medical errors

It is no secret that practicing medicine is a demanding and challenging job. Due to the demands of their career and their workplace environment, many physicians across the United States experience a condition referred to as 'physician burnout.' This burnout often causes them to suffer from emotional and physical exhaustion and depression and leads them to detach from their patients. According to a recent study published in Mayo Clinic Proceedings, physician burnout can cause doctors to make medical errors that harm patients.

Researchers at Stanford University of Medicine anonymously surveyed over 6,600 practicing doctors, asking them questions relating to their mental and physical well-being, medical errors, and the safety of their workplace. Approximately 55 percent of physicians surveyed reported experiencing symptoms of burnout and 33 percent were experiencing high levels of fatigue.

Vehicle infotainment systems may pose risk to drivers

Nowadays, many vehicles come equipped with dashboard infotainment systems including touchscreens that allow motorists to play music, look up directions, and access countless applications. While this advanced technology makes our lives easier, it can also distract drivers and lead to serious car accidents.

A new study by AAA's Foundation for Traffic Safety revealed that these dashboard displays often require drivers to lose focus and take their eyes off the road, putting them at risk for an accident. Drivers participating in the study were required to complete multiple tasks while driving (e.g. make phone calls, adjust the radio, send texts) via voice command, touch screens and other forms of dashboard technology. The drivers drove a variety of new 2017 and 2018 vehicles, with a variety of infotainment systems.

California roads perilous for motorcyclists

May was Motorcycle Safety Awareness Month in California and throughout the United States, but statistics show that the country's most populous state was anything but safe for motorcyclists in 2016. The state's large population and mild weather mean that there are many motorcycles on the roads all year long. And, unfortunately, that translates to a large number of motorcycle accidents.

According to a recent report issued by the Governors Highway Safety Association, California had the second highest number of motorcycle fatalities in the United States in 2016. In that year, 566 motorcyclists died on the state's roads. Florida led the nation in motorcycle fatalities with 574. Nationwide, almost 5,300 motorcyclists were killed on U.S. roadways in 2016.

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