Personal injury claims turn on whether or not the defendant was negligent in his or her actions to the plaintiff, but what does that mean? Negligence is a legal term of art that gets tossed around rather casually by lawyers when it comes to recovering damages. Like most legal terms, it has a very particular technical meaning. Negligence is an act or failure to act when you owe a duty to another individual. The Prima Facie Elements of a Tort in Negligence – In order to prove negligence in California, the plaintiff must be able to...Continue Reading...
If you have been injured by a doctor’s or surgeon’s negligence, you may have a case for medical malpractice. But chances are the doctor or surgeon are not the only person who is liable for your injuries. Medical malpractice is rarely an instance where only one person will able to be held responsible for your injuries. Doctors and surgeons do not operate independently of everyone else, so when it comes time to present your medical malpractice claim, there are numerous parties to bring a claim against for your damages.The Hospital’s...Continue Reading...
In a recent report it is noted than more California drivers are attempting to clear their licenses. In October of 2015 the California Courts enacted the program to allow drivers with fees/fines and payments due to settle said fines for a fraction of the original cost. Currently there are close to 5 million eligible accounts totaling a estimated $4 billion in fines.To date the program has only brought in about 19 million of which 6.5 million is spent in the operating cost of the program yielding about 12.5 million recovered. The program states it...Continue Reading...
The California Department of Motor Vehicles (DMV) is the government agency tasked with the responsibility of issuing the California Driver License to qualified drivers. The DMV is also empowered to deny, suspend, or revoke the privilege of anyone to operate a motor vehicle in the State of California if there good cause to do so. In this article, we talk about why the DMV takes a dim view of those persons who are accused of committing an act or Road Rage.The DMV defines any act of Road Rage (also known as “Highway Violence”)...Continue Reading...
Why is the DMV concerned about a driver’s quality of vision? There is no question that operating a motor vehicle requires the ability of the driver to perform a multitude of complex tasks. Eye/Hand coordination, judgement, awareness and perception are all hallmarks of safe driving.Clearly one of the most critical human senses that affect a person’s ability to drive is vision. One’s ability to clearly see the world as you drive is fundamental. Good vision permits the driver to see and perceive road signs,...Continue Reading...
Why does the DMV suspect I Lack the Skill to Drive? – Throughout their entire driving life, California drivers remain under constant scrutiny by the California Department of Motor Vehicles (DMV). The California DMV will continually monitor all drivers to ensure they maintain the ability to safely operate a motor vehicle. Some of the most common reasons for the DMV to suspend a driver license include:Driving Under the InfluenceDeveloping a physical or mental disorderNegligent Operation of a motor vehicleLacking...Continue Reading...
California Drivers Advocates, Inc. is winning administrative hearings before the California Department of Motor Vehicles at an unprecedented level. Representing accused drivers from Redding to San Diego, CDA employs a “common sense” approach to defending clients in an “insane system.”According to CDA’s President and CEO, Mr. Rob Collier,“Once the DMV focuses upon you for license suspension, they will do nearly anything to take you off the road.”Mr. Collier’s advice is to not fight the DMV without...Continue Reading...
Many people are familiar with the most common type of California Premises Liability claim, the slip and fall, but premises liability is much more than that. If you have been injured on another person’s property, you may have a claim against the owner for negligence based on premises liability. The only way to be sure is to consult with a San Bernardino personal injury attorney. What is California Premises Liability?Under California Civil Code Section 1714(a), property owners in California owe a duty of care to the invitees or guests...Continue Reading...
