Nine months after an accident on a city-maintained road, the plaintiff brought a personal injury claim for damages against the City of Los Angeles. The Court of Appeals recently affirmed an order set forth by the lower court in that case, dismissing the plaintiff’s Los Angles bicycle accident case and…
After plaintiffs filed a personal injury complaint against a defendant for injuries sustained in a California car accident, the defendant demurred to the complaint on the ground that the statute of limitations had run. The lower court sustained the demurrer and entered judgment in favor of the defendant. On appeal,…
The California Court of Appeal recently held in favor of the defendant in an underlying Southern California car accident lawsuit brought after a rear-end motor vehicle collision. The plaintiff in this case appealed the lower court’s judgment in favor of the defendant, finding that her negligence had not substantially caused…
According to a recent study by UC Berkeley’s Safe Transportation and Research Education Center, obese drivers have been determined to be up to 78% more likely than normal weight drivers to suffer fatalities in a car crash. The research center is affiliated with the UC Berkeley School of Public Health and…
After rear-ending another vehicle that had been stopped, an insured individual sought uninsured motorist benefits from his car insurer. The insurer denied his claim, and the arbitrator denied damages to the appellant. The appellant petitioned the trial court to vacate the arbitration award, and the California Court of Appeal affirmed…
Following a California truck accident, the victim in a recent case before the California Court of Appeal pursued a personal injury claim against the truck driver and his trucking company. The lower court awarded the plaintiff $3.3 million for damages, since he suffered serious physical injuries in the collision. After…
All drivers owe others on the road a duty of care to exercise reasonable caution. When driving, it is negligent to use any substance that impairs your ability to drive. Alcohol, marijuana, and other drugs affect the ability of drivers to safely operate their vehicles and may cause harm to others on…
Recently, the California Court of Appeal addressed whether the lower court had properly excluded evidence that the defendant in a pedestrian collision lawsuit had fled the scene of the accident, without rendering aid to the plaintiff. The plaintiff alleged that excluding this evidence prejudiced her, since she suffered mental distress…
After suffering injuries in a car accident, the plaintiff in a recent case before the Superior Court of Orange County argued that her insurance company breached their implied covenant of good faith and fair dealing. While the court had found that the insurance company was entitled to summary judgment, based…
Pedestrian accidents and fatalities are unfortunately a common occurrence on California roads. Aggressive or careless drivers who speed near intersections or otherwise violate a statute put others at risk of severe harm. Victims hurt in a pedestrian accident can file a civil lawsuit to pursue damages from the at-fault driver. By proving the…