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Stockton Personal Injury Law Blog

Dog bite liability in California

In the state of California, dog owners are liability for the actions of their pet. However, there are two exceptions to this rule.

The first exception is that if an individual is on private property unlawfully and receives a dog bite, then the owner is not responsible. For example, if a thief jumps a fence and goes into a backyard at night, he or she is on the property unlawfully and becomes subject to any injuries which may occur.

You don't want to make these car insurance claim mistakes

No matter how hard you try, preparing for a car accident is a difficult task. Not only do you have to deal with potential injuries, but you have to concern yourself with any property damage.

At some point, sooner rather than later, you'll find yourself in touch with your car insurance company. While this is something you need to do, keep this in mind: Taking the wrong approach can lead you down the wrong path.

Types of birth injuries

There are multiple types of birth injuries for which a party may be entitled to compensation. Here, we discuss some of the more common birth injuries and their effects on an infant.

Brain related injuries can happen from oxygen deprivation. The most well-known of these types of injuries is Cerebral Palsy, which can present after infection, stroke, or oxygen deprivation. However, a physician may prevent this by corrective preventative measures. Some of these include performing a C-section when necessary, or correctly monitoring a fetus. Brain related injuries can also be caused by failure to use birthing tools, such as forceps, correctly.

Study shows distracted driving near schools

In recent years, safety advocates have noted an alarming trend of accidents caused by distracted driving. Much of the alarm has centered on people who are texting or otherwise looking at smart phones instead of at the road, but dangerous distracted driving takes many forms.

A statewide survey recently showed that motorists are often driving while distracted near schools. There were reportedly 10,252 instances of distracted driving logged within one hour of surveillance at 88 intersections. All forms of distraction were taken into consideration, including phones, pets, grooming, and eating. However, phone use far outweighed the others.

Medical Malpractice: failure to diagnose

Physicians are trained to operate under what is called a "differential diagnoses." This means that when a definite diagnosis is not known, a patient should be treated based on a descending list of probability. In other words, that physician should use his or her training to offer an educated opinion as to what the problem is, and treat it accordingly.

It is inevitable that no physician is going to get it right 100 percent of the time, especially when it comes to certain non-fatal or more routine illnesses that don't necessarily require an in-depth diagnosis for treatment. However, when dealing with a life-threatening diagnosis, a patient should reasonably be able to expect a correct diagnosis and treatment plan. This is where failure to diagnose comes in.

How can I prove that the driver who hit me was texting?

The state of California has adopted strict laws regarding texting and driving. While hands-free device use is allowed for drivers 18 years of age or older, texting while driving is strictly prohibited by drivers of any age. In other words, a driver may not perform any function that requires them to hold their phone while operating a motor vehicle.

When a person is involved in a car accident in which the party at fault was texting and driving, there are a few ways to validate the claim. First, the telephone records of that person may be obtained from their service provider. The injured party will likely need to request these with a subpoena issued by the court. A personal injury attorney can help with this process. These records will show the time of the last texts sent or received by that party, which can then be compared to the time of the accident.

Trucking Accidents 101: Who may be at fault for my injuries?

If you drive anywhere these days, chances are you share the road with a semi-truck. Those 18-wheel, multi-ton giants can wreak more havoc and loss in one serious collision than 10 fender benders in an average size vehicle. So who may be at fault in those accidents, and how do you pursue compensation for your injuries and losses?

Let's talk about semi-truck ownership and fault. While some trucks are independently owned and driven, most are owned or operated by a trucking company, by which the driver is employed. Therefore, when an accident occurs, there can be more than one person or entity at fault and held accountable. If the accident was caused by an inattentive truck driver, then that driver may be at fault. If an accident is caused by a defective auto part or poor maintenance, then the trucking company may be responsible, if they owned and maintained the truck.

Accident-related brain injuries can be catastrophic

Car accidents happen in and around Stockton each day and, fortunately, most of these crashes result in no injuries or only minor injuries. Not every car accident results in catastrophic harm thanks, in part, to the many safety features that modern vehicles utilize to keep drivers and passengers out of harm's way. However, significant injuries are still possible when vehicles collide on California streets and highways, and this post will focus on one of the most damaging injuries that a vehicle accident victim can experience: traumatic brain injury.

A traumatic brain injury, also called TBI, occurs when an individual suffers an external force upon their body that causes damage to their brain. The injuries can be closed, which means that the injury occurs without the external force penetrating the skull; an open TBI happens when an external article breaks into the skull and affects the brain.

Burns: Scarring, disabling injuries that require treatment

Burn injuries are some of the most difficult to deal with in the long term. They scar, disfigure and change how the body works. Depending on the area burned, a person could have a disability or be unable to expose the scars to sunlight for fear of additional side effects.

There are several degrees of burns. First-degree burns are the least severe. Second-degree burns are more severe, and third-degree burns are the most severe. Burns can cause scarring, swelling, blistering and shock, depending on the severity of the burns and how much of the body is covered in burns.

Do I have a legal claim for my slip-and-fall injuries?

At some point, every person suffers a fall. While in some California residents may take a tumble due to their own carelessness or lack of attention, in many other cases, individuals suffer serious injuries and harm when they fall due to other people's negligence. Slip-and-fall injuries are often compensable, but to prevail, victims generally must build strong cases to prove their claims.

Depending on where a victim suffered their slip-and-fall injuries, the preparation of their claim may vary. For example, if a victim stepped on unmarked water in the aisle of the grocery store and fall to the ground, they may be able to build a case by claiming the grocery store failed to maintain its interior in a safe manner for those they invited to shop at their store. However, if a victim trespasses on the property of a private landowner and trips over a root that was concealed by leaves, their claim may be difficult to prove, as they did not have permission to be on the property owner's land.

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