Posts From March, 2017

California Leads Nation in Number of Pedestrian Accidents

  • Mar 30 2017

Did you know that California also has the highest number of pedestrian accident fatalities?

In California, drivers always have a duty to exercise reasonable care while driving so as not to injure others. Some causes of driver negligence include distracted driving, excessive speed, driving under the influence of alcohol or drugs, and more. A driver’s duty of reasonable care is upgraded when driving in areas where children are present, such as within the vicinity of schools.

And pedestrians have a similar duty to exercise reasonable care for their own safety.

Are You Driving a Time Bomb?

  • Mar 28 2017

Q: Who is responsible for personal injuries resulting from a defective automobile part or system?

In the old days, there were no self-driving cars, car seats, or airbags.

Today, most of us drive cars with at least some of these or other safety features. Unfortunately, some of these so-called safety systems end up being dangerous and defective and can cause serious injury and death.

Defective products lawsuits fall under the umbrella of personal injury claims.

California Court Considers Whether Smartphones are to Blame for Driver Distraction

  • Mar 26 2017

Should smartphone makers be liable for injuries caused by distracted drivers using phone apps?

A California court must soon decide whether smartphone makers like Apple have a duty to protect the public and users of their phones by preventing the use of certain phone applications while driving.  In the case of Modisette v. Apple, Inc., the parents of a deceased child filed suit against Apple, alleging that the driver’s use of the FaceTime feature on an iPhone while driving caused their child’s fatal car accident.  

Catastrophic Truck Accident Injuries

  • Mar 24 2017

What is a catastrophic injury under California law?

A truck accident can alter your life in an instant.  Truck accidents can result in serious and catastrophic injuries that will have lifelong consequences.  You may not be familiar with the term “catastrophic injury.”  Our Los Angeles truck accident attorneys at the law firm of J&Y offer the following look at what constitutes a catastrophic injury in California and what you can do if you suffer a catastrophic injury in a truck accident.

Catastrophic Injuries Defined

A catastrophic injury is defined as any injury that is so severe it renders the victim unable to resume the life they led prior to the truck accident.  

The Perils of Vaping

  • Mar 22 2017

Can I file a lawsuit if I am injured by an exploding e-cigarette?

Cigars and cigarettes contain known carcinogens and the number of smokers continues to decline each year. That being said, people still like to inhale nicotine mixed with a variety of herbal products, and the use of electronic cigarettes has become increasingly popular. Users of e-cigarettes boast that vaping is a hip, safe, healthy, and technologically advanced method of herbal consumption.

Of course, there are no conclusive health studies backing this claim, and vaping is actually proving to be hazardous.

Apple Sued Over Texting While Driving Accident

  • Mar 20 2017

Can I hold my cell phone in my hand while driving in California?

A driver who was injured by a driver who was allegedly distracted while texting on an iPhone recently filed a lawsuit against Apple Inc. The suit claims that Apple willfully sells products that encourage texting and driving.

The Apple Lawsuit

The injured driver was apparently hit from behind by woman who was reportedly still clutching her phone after the accident. The lawsuit is not seeking damages from Apple, rather the plaintiff is demanding that all iPhone sales be halted until the company implements “lockout”

What are the most common causes of pedestrian accidents?

  • Mar 18 2017

What are the most common causes of pedestrian accidents?

A recent report by Smart Growth America found the risk for pedestrian fatalities has gone up over the past two years. The report found that California had 6,616 pedestrian deaths between 2005 and 2014, placing the state at rank 17 for pedestrian risk.

Findings from the Governors Highway Safety Association back in 2015 revealed that California was well above the national average in regards to the percentage of pedestrian deaths. At the time, 23% of all motor vehicle deaths within the state were pedestrians.

1 Person Injured After 2 Cars Fall Into Massive Sinkhole In Studio City

  • Mar 15 2017

Who Might Be Liable For Injuries Sustained As A Result Of Poor Public Roadways?

Dangerous road conditions often contribute to a number of auto accidents across the nation. The Washington Post reported in 2015 on the poor state of American roads, which costs the average driver an estimated $515 in extra operation and maintenance on their car and contributes to car accidents.

Analysis from the transportation research group TRIP found that 28% of major roadways in America are in such a poor condition that they “need to be completely rebuilt.” In California alone,

What can I do to prevent nursing home abuse?

  • Mar 12 2017

Receiving compassionate and quality care is important to people as they grow older. Many turn to nursing homes as a way to receive quality care, but the standards of nursing homes can vary widely.

California has approximately 110,000 people living in around 1,300 licensed nursing homes, according to the California Department of Justice. California is also projected to have one of the largest growth rates in the elderly population by 2025.

However, authorities reported in 2009 that 13% of all complaints reported to the California Office of the State Long Term Care Ombudsman were relating to the elder abuse or neglect.

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