Drivon Turner & Waters,PLC

Stockton Personal Injury Law Blog

Study: Aggressive driving increases during the holiday season

Most of us have been on the road with an aggressive driver. The aggressive driver may appear impatient and angry, honk his or her horn unnecessarily, drive above the speed limit, and unsafely weave in and out of traffic. A recent study found that motorists tend to be 175 percent more aggressive during the holidays than they are the rest of the year. Many car accidents in California are caused by aggressive driving.

The study, conducted by GasBuddy, analyzed data from GasBuddy's Drives feature that assesses motorist's driving habits during their road trips. Researchers analyzed millions of trips and determined the frequency of an aggressive event for each driver. Some of these aggressive events included speeding, quick accelerating, and hard braking.

Traumatic injuries do affect the entire family unit

A traffic collision is bad enough when it doesn't cause injuries, but when it leads to catastrophic injuries, the impact is devastating. As a parent of a young person who has been badly hurt, you know that the way your child recovers, the help they receive and the assistance they receive in the future defines their life.

What many people don't consider is the overall impact of catastrophic injuries on a family. When a child is unable to care for themselves any longer, a catastrophic injury becomes overwhelming. Everyone has to take time to pitch in and assist with care, and that is exhausting for some.

How can I sue a grocery store for my slip-and-fall injuries?

Many of us have been shopping at the store and noticed a broken step or fallen debris on the floor, but it is unfortunate if the store owner fails to do anything to protect their customers from these dangerous conditions. As a result of this negligence, an unsuspecting customer may slip and fall, causing them to suffer severe personal injuries. If you have suffered a slip-and-fall accident at a grocery store in California, you may have a strong case against the store in court.

In order to determine whether your suit will be successful, you will have to determine whether the store owner could have prevented the accident. Generally, store owners have a legal responsibility to maintain reasonably safe conditions for their customers to shop. If the owner knew of the dangerous condition, or should have known of the dangerous condition, and fails to make reasonable efforts fix it, they could be liable for a customer's injuries.

Can I sue the treating hospital for medical malpractice?

If you have suffered injury or illness at the hands of a physician or other medical professional, you may be able to file a claim for medical malpractice. Medical malpractice generally requires patients to establish medical negligence, causation, and damages. Medical negligence refers to a doctor's failure to adhere to the medical standards when treating a patient by failing to diagnose the patient or failing to properly administer treatment. The patient becomes a victim of medical malpractice if this medical negligence causes them harm or injury that they would not have suffered otherwise.

California residents who are planning to file a medical malpractice claim may mistakenly believe that the only person responsible for their damages is the doctor who treated them. However, it is rare that only one party is responsible for harm to a patient. It is likely that multiple parties were involved in your care and all of them can be listed as defendants in your medical malpractice lawsuit.

States with legalized marijuana see a rise in car accidents

California and various other states recently legalized recreational marijuana, and many states will likely soon follow suit. However, according to a couple of recent studies by the Insurance Institute for Highway Safety and Highway Loss Data Institute, states that have legalized marijuana have seen an increase in car accidents.

Researchers analyzed collision loss data from January 2012 to October 2017 for four states that have legalized marijuana, including Washington and Colorado, and for four control states, including Idaho and Utah. Researchers made sure to control for driver population, seasonality, weather, and other conditions.

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.

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