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Stockton Personal Injury Law Blog

Cellphone use up in 2018 in California

With April being Distracted Driving Awareness month and the first week of the month being California Teen Safe Driving week, the Office of Traffic Safety and Impact Teen Drivers are busy reminding drivers about the dangers of taking one's eyes off the road when driving. Officials have noted that cellphones work against the campaign to stop distracted driving and hope that education and awareness can help curb the problem.

An OTS observational study noted that the number of drivers seen using the cellphone while driving in 2018 rose by 27 percent from 2017. This could be the cause for the more than 109,000 hands-free violation citations handed out by law enforcement officials. In 2017 alone, more than 6,500 people died in car accidents involving distracted driving in California.

Get compensated for injuries caused by someone else

While physical scars resulting from personal injuries caused by someone else's negligence can eventually fade away, emotional harm and financial damage can take longer to disappear. In fact, overwhelming medical bills can hamper the road to recovery, as accident victims are reminded of the wrong they suffered by someone else's negligence and the financial devastation it has caused. While the criminal justice system is one way justice is served in these instances, another way is through reparations in a civil lawsuit.

Dealing with insurers, gathering accident reports and collecting relevant documentation to prove how much one has suffered can be overwhelming in the aftermath of a car accident,. This is why it might be helpful to outsource these tasks to experienced individuals. While it may seem tempting to accept the first offer insurance companies offer, it is likely that the offer can increase with the help of experienced legal professionals presenting cogent facts to them.

What are dog bite laws in California?

While dog may be man's best friend, he can also become one's worst enemy if not trained or treated properly. An animal attack can be very traumatic for the victim, and it may take extensive medical attention for the physical and emotional scars to heal. However, these costs do not always have to be borne by the accident victim, as per premises liability law protects against injuries suffered due to a negligent property owner.

In California, dog owners are strictly liable for injuries suffered through a dog bite. The owner of the dog is liable if the dog bite causes damages and the person was bitten in either a public space or in a lawful private place. There is an exception for military and police animals. It's important to note that the offending behavior should be a dog bite and nothing else. This means if a dog jumps on someone and accidentally scratches him or her, the dog owner may not be liable, as the injury is not caused by a bite.

One seriously injured in restaurant car crash

No one expects to become involved in a car accident, but it is one of the realities drivers on the road in California have to contend with daily when they get into their vehicles. While driving is one of the most common behaviors people across the country engage in, it is also one of the most dangerous, with people dying in car accidents on a daily basis. However, people do not expect to suffer injuries from a car accident while sitting inside a restaurant, which is exactly what happened in California recently.

A forty-year-old woman was arrested after she drove her vehicle through the window of a restaurant. A 60-year-old man was injured as a result and was taken to the hospital. Other restaurant patrons were also injured by the flying debris and shards of glass, but did not need to be hospitalized. The woman was four times the legal limit of blood alcohol.

Misdiagnosed? You're not alone

A misdiagnosis can be a real threat to your health and safety. It's one of the main reasons that people file medical malpractice lawsuits, too.

Misdiagnoses can happen for a number of reasons ranging from a medical provider not ordering the correct tests to a provider not following up with a patient about medications and how treatments are working. When a provider gets the diagnosis wrong, the patient's illness may progress and worsen.

We hold medical professionals accountable for their errors

As discussed previously on this blog, medical errors can wreak havoc on a patient's life. The patient who consulted a medical professional to improve their medical condition might walk away with a worsened condition thanks to a negligent doctor or surgeon. This can lead to more trips to the hospital and additional expenses that one has not budgeted for. Ongoing medical treatment can be costly and one way to recover those costs is by pursuing a medical malpractice case against the establishment that caused the condition in the first place.

Medical malpractice cases are often difficult to pursue for a variety of reasons. By the time someone decides to file one, the statute of limitations may have run out or it might be difficult to gather evidence to prove one's case. Additionally, it is often difficult to get doctors to provide expert testimony against other medical professionals-many find that doctors close ranks, and, without expert testimony, proving one's case might be difficult.

Culture of unaccountability leads to medical errors

Everyone makes mistakes-to err is human. However, when a medical professional makes the error, the error could end up ruining someone else's life. According to one report, around 30 percent of all medical malpractice claims are due to diagnostic errors. California residents may be surprised to hear that, in 2017 alone, surgeons operated on the wrong patient, performed the wrong procedure or operated on the wrong site 95 times.

Yet, another documentary is shedding light on medical errors and how they can alter the course of someone's life. The documentary also looks at the reasons behind these errors-exhausted doctors, overworked professionals, grueling shifts, poor communication among hospital staff and employees and a culture that does not accept accountability for its mistakes. Understanding why medical mistakes take place is crucial to decreasing the number of errors.

Most causes for birth injuries take place during birth

Giving birth to a baby should be a beautiful occasion for California residents, as it is both the culmination of a nine-month wait and the beginning of a new life. However, when medical mistakes mar the birth, it can have serious repercussions on both the baby and the new parent's lives. It is an unfortunate fact that millions of babies suffer from brain damage each year and most of the causes for the damage take place just before or during birth.

Physical trauma is one of the most common reasons for birth injuries. This could be the result of the usage of a vacuum or forceps during delivery. If not placed properly, a baby's fragile head could be damaged. Brain damage can also occur if the delivery is long and difficult and the baby's head repeatedly strikes the mother's pelvic bone. If the baby is pulled excessively or twisted during a difficult birth, it could also hurt the baby.

How can I prove fault in a car crash?

Those who have been injured in a car accident caused by someone else's actions may commonly say the collision was the other driver's fault. Many California residents may not realize that fault has a legal meaning as well and must be proven to hold the driver in question liable for their behavior. Individuals wishing to pursue a personal injury lawsuit against negligent drivers will need to prove fault.

Accident victims may think proving fault is a straight-forward matter, but this is not always the case. Having strong evidence on one's side can bolster one's case and one of the best forms of proof is a police officer's report. When police officer's come to the scene of the accident, they have to make some type of a report about it. These reports contain the observations of the police officer, such as whether they observed speed marks that could demonstrate one driver was speeding and also whether any traffic tickets were issued. They can provide valuable evidence with regards to liability, which is why accident victims should make sure to get copies of them for their case. Where police officers do not show up, victims may have to report the incident to the closest police station and conduct their own inquiries.

Many fatal accidents are caused by driver fatigue

Many Californians are busy juggling family, friends, work, school and various other things. As a result, we do not get the amount of sleep we need, but still get behind the wheel of a car to drive to our next meeting or activity. The American Sleep Foundation found that close to 50 percent of drivers in the U.S. admitted to driving while feeling drowsy.

However, drowsy driving is responsible for many car collisions on the road, some of which are fatal. According to the National Highway Traffic Safety Administration, there are 100,000 drowsy driving accidents reported to police every year, resulting in 71,000 injuries and 1,550 deaths.

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