Southern California Injury Lawyer Blog

Understanding Your Rights After an Accident with an Amazon Delivery Truck

July 13, 2024 | Sharifi Firm, APC

In recent years, the sight of Amazon delivery trucks has become almost as common as seeing a neighbor’s car in the driveway. With the increase in deliveries, however, comes a heightened risk of accidents involving these vehicles. If you find yourself injured in an accident with an Amazon delivery truck, it is crucial to understand your rights and the steps you should take to ensure you are properly compensated.

Determining who is responsible for the accident is a critical step in seeking compensation. Unlike traditional delivery services, Amazon uses a mix of company-owned vehicles, third-party delivery services, and independent contractors. This can complicate the process of establishing liability.

Amazon Employees: If the driver of the delivery truck is an Amazon employee, Amazon can be held directly liable for the actions of their employee under the legal doctrine of “respondeat superior.” This principle holds employers responsible for the negligent acts of their employees performed within the scope of their employment.

Navigating the Perils of Scooter Riding in California: Understanding Your Legal Rights

June 22, 2024 | Sharifi Firm, APC

The rise of electric scooters in California has revolutionized urban transportation, offering a convenient and eco-friendly way to navigate the bustling streets of cities like Los Angeles, San Francisco, and San Diego. However, with convenience comes risk, and the perils of riding a scooter can be significant. Understanding the legal landscape is crucial for riders and victims alike, particularly when injuries occur.

The Perils of Scooter Riding

1. Accidents and Injuries

Navigating the Aftermath of a Motorcycle Accident in California: The Importance of Contacting an Experienced Injury Lawyer

June 15, 2024 | Sharifi Firm, APC

Motorcycle accidents can be life-altering events, leaving victims with severe injuries, emotional trauma, and a daunting path to recovery. In California, where motorcycling is a popular mode of transportation due to the state’s scenic routes and favorable weather, the risk of accidents is a constant concern. If you or a loved one has been injured in a motorcycle accident in California, it’s crucial to understand why contacting an experienced injury lawyer can make a significant difference in your recovery and compensation journey.

The Unique Risks of Motorcycle Riding

Motorcycles offer little protection in the event of a collision, making riders more vulnerable to severe injuries compared to car occupants. Common injuries from motorcycle accidents include:

Trucking Accidents: Liability of Truck Companies to Injury Victims in California.

May 19, 2024 | Sharifi Firm, APC

A trucking company can be held liable for injuries caused by its driver under several legal theories. The primary theories include vicarious liability, negligent hiring, training, or supervision, and direct liability for failing to maintain safe vehicles. Here is what to consider:

Vicarious liability holds employers responsible for the actions of their employees if the employee was acting within the scope of their employment at the time of the accident. This means that if a truck driver causes an accident while performing job-related duties, the trucking company can be liable for the resulting injuries and damages.

Negligent Hiring, Training, or Supervision A trucking company can be directly liable if it is found negligent in its hiring, training, or supervision of its drivers. Examples include:

Understanding the Rights of Injured Passengers in Uber Accidents in California

May 11, 2024 | Sharifi Firm, APC

Ride-sharing services like Uber have revolutionized transportation, offering convenience and accessibility. However, accidents can still happen, leaving passengers injured and uncertain about their rights. In California, passengers involved in Uber accidents have specific legal protections, ensuring they receive fair compensation for their injuries and losses.

Firstly, California law requires Uber to carry commercial insurance coverage for its drivers. This insurance covers both bodily injury and property damage liability. For passengers injured in an accident involving an Uber vehicle, this means they can typically file a claim against Uber’s insurance policy to cover their medical expenses, lost wages, pain and suffering and other damages resulting from the accident.

However, navigating the legal process after an accident can be complex, especially when dealing with a large corporation like Uber. Injured passengers should seek the assistance of an experienced personal injury attorney to ensure their rights are protected and they receive fair compensation. An attorney can gather evidence to support the passenger’s claim, and represent them in court if necessary.

Amazon Product Liability Case May Affect California Consumers

May 26, 2021 | Sharifi Firm, APC

Nowadays, it seems that ordering items from Amazon is as ubiquitous as getting groceries from the store. With a vast array and selection of products at various price points and fast two-day shipping, California consumers have built a reliance on the e-commerce provider over the years. When a product you order from Amazon injures you, however, you may have grounds to bring a product liability claim against the company or the seller depending on the context of the case.

In a recent California Court of Appeal decision, a plaintiff brought a product liability claim against Amazon for injuries she suffered from an allegedly defective hoverboard. The plaintiff purchased the board as a Christmas gift for her son, who plugged it into an outlet in the plaintiff’s bedroom to charge. The plaintiff’s boyfriend later discovered a fire burning in her bedroom, and her bed and the hoverboard were on fire. The plaintiff suffered burns to her hand and foot as a result of fighting the fire. The trial court granted summary judgment in favor of Amazon. The plaintiff appealed her strict and negligent product liability claims.

On appeal, the Court of Appeal reversed the trial court’s grant of summary judgment. In its opinion, the court acknowledged that Amazon was a link in the vertical chain of distribution. E-commerce, however, may not fit into a traditional sales structure analysis adopted by the court, so there was a triable issue of material fact and the trial court erred in dismissing the case too soon. In addition, the Court was unpersuaded by Amazon’s argument that it was merely a service provider and not liable for the plaintiff’s injuries.

Holding Drivers Accountable After a California Drunk Driving Accident

April 27, 2021 | Sharifi Firm, APC

As the world slowly begins to open back up again, more people are making their way back onto the roads as life before the pandemic slowly resumes. This also means, however, that there may be an uptick in drunk driving again as people return to gatherings and celebrations. When accidents caused by drunk driving take place, they are often tragic—and frequently deadly. These preventable and highly consequential accidents are entirely preventable, and those who are at fault when these accidents take place must be held accountable.

According to a recent local news report, authorities suspect the influence of alcohol played a role in a deadly six-car crash on a California freeway. According to Sacramento law enforcement, a Ford car was speeding erratically in and out of lanes at times exceeding 90 miles per hour. Minutes later, the Ford slammed into the back of a Chrysler, initiating the chain-reaction crash involving six vehicles. At least one person was killed after the accident, with another hospitalized with serious injuries. The driver suspected of causing the crash and one other person suffered minor injuries. Following the driver’s release from the hospital, he was arrested.

When you are injured or someone you love is killed because of a crash caused by a drunk or intoxicated driver, you may be able to sue for damages. If you are considering filing a lawsuit for damages, the driver does not need to be convicted of driving under the influence (DUI) before a civil claim can be filed for compensation.

Deadly California Truck Accident Claims Multiple Lives

March 11, 2021 | Sharifi Firm, APC

Accidents involving large commercial vehicles often result in serious and devastating damages to anyone in the vicinity of the collision. California experiences some of the highest numbers of fatal trucking accidents in the country. Yearly, there are approximately 113 fatal California truck accidents and almost 3,000 truck accidents resulting in injuries. The majority of these accidents occur on the highway in and around Los Angeles County. Those who suffer injuries or experience a loved one’s death after a California trucking accident should contact experienced attorneys to discuss their rights and remedies.

Many California truck accidents involve negligent conduct on the part of the truck driver or trucking company. In addition to truck defects and malfunction, many California accidents involve driver fatigue, distraction, and impairment. These accidents often cause serious injuries, including traumatic brain injuries, spinal cord damage, paralysis, organ damage, broken bones and fractures, and permanent disfigurement.

For example, a recent harrowing California accident between an SUV and tractor-trailer resulted in devastating injuries and fatalities. According to a national news report, footage revealed that two SUVs were traveling near a steel border fence when one of the vehicles burst into flames shortly after crossing through the fence. Another SUV continued through the fence and slammed into a tractor-trailer. When police responded, they discovered that 12 people died in the accident. Some individuals were thrown from the SUV upon impact, whereas others were inside the car. Another person died at the hospital, and six others received treatment for serious injuries.

What Is the Federal Tort Claims Act and How Does it Affect California Injury Victims?

February 24, 2021 | Sharifi Firm, APC

When you are injured by the actions of someone who works for the government, you may have a claim for compensation following your injury. The Federal Tort Claims Act (FTCA) allows for private citizens to bring lawsuits against the United States for damage or loss of property, injury, or death if the harm was inflicted by a government employee’s negligence. A California personal injury attorney can assist with bringing these complex claims.

There is, however, an exception to the FTCA—the discretionary function exception (DFE). A private citizen is unable to sue the government in a tort claim if the government employee was performing a discretionary function or duty when they injured the plaintiff. In other words, if the government employee had leeway to make decisions or to act independently while performing the action that injured the plaintiff, you may be unable to sue the government under the FTCA for damages.

In a recent 9th Circuit Court of Appeals case, the court had to consider an issue involving the FTCA. The plaintiff was asleep in a park recreation area in his tent when a tree crashed into the tent and smashed his foot. The plaintiff sued under the FTCA and argued that the government negligently failed to cut down the tree. The district court dismissed under the DFE of the FTCA, and the plaintiff appealed.

Determining Fault and Damages after California Head-on Accident

January 27, 2021 | Sharifi Firm, APC

Head-on collisions make up a small percentage of the overall number of California car accidents; however, they are also among the most deadly. Those that survive a head-on collision typically require extensive and long-term medical care. During recovery, many head-on accident victims cannot work, presenting significant financial burdens, as treatment is often costly. California car accident victims should contact an attorney to discuss their rights and remedies after a head-on collision.

Head-on collisions occur when a front-end of a vehicle collides with the front-end of another vehicle. The speed rate can affect the extent of damages; however, even collisions at a slow speed can result in serious damages. California head-on collisions’ most common causes involve driver fatigue, speeding, driver distraction, texting and driving, and poor road conditions. Even if an airbag deploys, these accidents can still result in extensive injuries. The most common types of injuries include broken bones, spinal cord injuries, abrasions, organ damage, and traumatic brain injury.

California law requires drivers to operate their car safely and use due care to avoid causing injuries to others. Drivers must obey safety laws and modify their driving to comport with weather and traffic conditions. When a driver engages in negligent or reckless driving, they may be liable for negligence. Although insurance may cover some damages, the at-fault driver may be responsible for paying damages that the insurance company will not cover. In some cases, head-on collision lawsuits proceed to a jury trial.