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Stockton Personal Injury Law Blog

Drunk driver causes chain car crash, kills one

While driving is one of the most dangerous behavior people engage in on a daily basis without giving it a second thought, one of the reasons people are still on the road is because they follow traffic safety rules and assume others will too. When basic traffic laws, such as obeying the posted speed limit, are disregarded, a catastrophic car accident can result. One such incident highlighted the dangers not only of driving too fast but also for driving while under the influence.

A 25-year-old man in California was arrested and charged with committing several crimes after causing a drunk driving accident that resulted in one death. The crash took place during the morning rush hour when the suspected drunk driver was allegedly driving at more than 100 mph on the freeway. His vehicle slammed into the back of a car driven by a 44-year-old woman. The brake lights of her car were on when she was crashed into. She died at the scene of the crash, leaving behind a husband and a teenager.

Make your claim and get the settlement or compensation you need

When you're hurt, one of the most devastating things about it is the cost. Medical bills quickly add up, and if you don't stay on top of them, you could find yourself in collections. Sadly, many people who end up in this position fall behind and can have their finances threatened.

That's why it's so important for people to seek a claim after an injury. Whether or not an injury seems minor at the time of a crash, it's essential that you file a claim against the other driver's insurance. Not doing so can lead to losing the right to a claim and not being able to afford the treatments you need in the future.

Proving product liability elements for four decades

When manufacturers put a product on the market, it is their responsibility to ensure it is safe to use and is an effective product. As mentioned in last week's post, when a defective product injures a California resident, he or she has the ability to hold them accountable through a product liability lawsuit.

The evidentiary requirement for a product liability lawsuit differs from that of other personal injury lawsuits. Even though the burden of proof on the plaintiff is not as heavy as it is in other situations, a number of elements must be proven in order to hold the manufacturer or the seller liable in a court of law. Whether one is dealing with injuries caused by vehicle defects, faulty machinery, dangerous drugs or improper safety warnings on toys, it is important to have an experienced and knowledgeable professional by one's side.

What are the elements of a product liability case?

When California residents buy a product, they expect it to work properly and perform the function it has been created and advertised to do. Unfortunately, this is not always the case. Products can be defective sometimes, and a defective product has the ability to severely injure a consumer. In fact, such products injure thousands of people across the country every year.

It is possible to hold the manufacturer or the seller legally responsible for putting the dangerous or defective product in the hands of the consumer. This can be done through product liability law. This is different from personal injury law, asthe burden on the injured party is not as heavy.

Do stressed out surgeons make more mistakes?

Whether a California resident is stressed because of their job or because of their home life, it is unlikely that he or she can leave their anxiety at the door before entering the office. In fact, many people in high-pressure jobs or facing deadlines probably experience more stress at work. Stress can cause people to make mistakes, and if the stressed out individual is a surgeon making a medical mistake, it might result in the loss of lives.

Studies have shown that surgeons experiencing stress are 66% more likely to make surgical errors on patients. Most of the 250,000 to 440,000 annual deaths attributed to medical errors take place in operating rooms. Therefore, it is likely that adopting practices that reduce the stress surgeons feel would also result in reducing the number of medical error related fatalities.

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.

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