Drivon Turner & Waters,PLC

Stockton Personal Injury Law Blog

Know what signs point to a driver being too impaired to drive

The horrors that drunk drivers cause for some families is appalling and heartbreaking. Impaired drivers can cause accidents that kill innocent people or injure them to the point where their life won't ever be the same again. This is difficult for people to think about, but it is reality.

When you are on the roadways in California and beyond, you can look out for signs of impaired driving. This is no guarantee that you will remain safe, but it does increase the likelihood that you will get home safely.

Big rig accidents can be bad news for California motorists

"Big rig" trucks are on the highways of Northern California and San Joaquin County around the clock. They haul the products that California is known world-wide for producing, whether they be bottles from wine country or produce from the Central Valley, as well as products from other states and around the globe. As much good as the trucking industry does for the economy, these gargantuan vehicles also pose a risk to other motorists on the state's roads.

A tractor trailer taken alone is not necessarily dangerous, but when a hazard - such as poor weather, bad traffic conditions, driver fatigue or faulty vehicle maintenance - is present, a big truck can become a lethal instrumentality. The very size and weight of the vehicles and the trailers they pull amplify their potential for destruction, especially in collisions with smaller vehicles. In such instances, truck accidents can be catastrophic.

California could see tougher penalties for texting and driving

Data from the California Office of Traffic Safety implicates distracted drivers in four out every five traffic accidents. On a national basis, over 2,000 people are killed annually in car accidents involving distracted driving. Driver inattention can be anything from eating or fumbling with the radio to trying to attend to children while driving. However, most attention and legislation is focused on the use of electronic devices while driving.

California lawmakers have tried to prevent car accidents caused by distracted drivers by enacting laws designed to curtail the handheld use of devices, limit the use of hands-free phones and completely ban messaging while driving. Current California law also prohibits drivers under 18-years-old from using any electronic device at any time, unless there is an emergency.

Assistance after being injured by a distracted driver

Distracted driving is a scourge on the roads and highways of Northern California, and across the state, in general. The California Office of Traffic Safety reports that some form of distracted driving - whether texting, talking, putting on makeup, or anything else that takes a driver's eyes off the road - is a factor in four out of every five accidents in the state. Across the United States, distracted drivers kill thousands of motorists every year.

In spite of the state's attempts to crack down on the use of mobile devices while driving, with laws that ban handheld phones and the use of electronic devices by younger drivers, the problem continues to plague the state's streets and highways. The problem is that there are simply more distracted drivers at any given time than there are California Highway Patrol (CHP) and other law enforcement officers to stop them. And, unfortunately, accidents happen.

What are the consequences for texting and driving in California?

People's burgeoning attachment to mobile devices continues to fuel an epidemic of accidents caused by distracted drivers. According to the California Office of Traffic Safety, distracted drivers are implicated in more than 80 percent of all car accidents. Nationally, more than 2,000 people are killed every year in accidents involving inattentive drivers.

The state of California has attempted to crack down on the use of mobile devices while driving by enacting a series of laws that curtails the use of handheld phones, limits hands-free phones, and bans texting or messaging while behind the wheel of a car. Non-emergency use of handheld cell phones and all forms of texting or messaging are prohibited. Hands-free devices can be used by drivers aged 18 or over, as long as both ears are not covered. Drivers under 18 are prohibited from using any electronic device at any time other than in an emergency situation.

Medical Malpractice: Surgical errors

Surgical errors are a very serious matter. Many, many times they are the cause of serious injury or even death, and they happen all across the country. As with any medical malpractice claim, an injured party or the family of the deceased bears a large burden of proof in order to successfully gain compensation.

A valid surgical error must involve the failure of a surgeon to provide the appropriate standard of care, and in doing so, cause harm to the patient. This is the main point that a Plaintiff absolutely must be able to prove beyond any reasonable doubt. This does not mean that an injury did not occur in surgery. Rather, it means that the injury did occur, but was out of the control of the surgeon. In other words, there were no other actions that could have been taken by the surgeon or surgical team in order to prevent the injury.

Fatal crash in Oakland, California, involved FedEx Truck

A deadly crash involving a FedEx truck and a sedan occurred on Highway 880 at 66th Avenue in Oakland on Dec. 21, 2017, blocking all southbound lanes of traffic for several hours. The FedEx truck was carrying two trailers. The deceased was the driver of the sedan. The accident is still under investigation and a cause is not yet known.

Accidents involving company vehicles, especially tractor trailers, happen every day. Due to the weight of these trucks, the accidents are often fatal. It is extremely important that an accident investigation be performed as its outcome will determine who is liable. In the case of a company truck, if the truck driver is found to be at fault, both he or she, and the trucking company may be liable.

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.

215 North San Joaquin Street Stockton, CA 95202 Phone: 209-800-8971 Fax: 209-463-7668 STOCKTON LAW OFFICE MAP