Abramson Smith Waldsmith LLP

Posts tagged "Motor Vehicle Accidents"

California seat belt regulations fall short in bus accidents

When seat belt safety is paramount to driver safety, it can be shocking to learn that California has historically had no formal law in effect regarding seatbelts on public buses and school buses. At the law firm of Abramson Smith Waldsmith LLP, we understand your fear that a trip home on public transit could quickly become a trip to the emergency room.

Can you testify in your own accident case after a brain injury?

As you drive on California's busy streets and highways, an accident can happen out of nowhere. One of the greatest fears in the case of a motor vehicle accident is the fear of suffering a brain injury. While some brain injuries are mild, others can lead to permanent impairment ranging from minor cognitive and functional difficulties to complete loss of capacity. A severe enough brain injury can lead to coma or death. If you pursue a suit in the case of a motor vehicle accident and resulting brain injury, are you able to testify in your own trial?

The difference between drunk and distracted driving

While drunk driving and distracted driving can both cause motor vehicle accidents or even death, penalties vary widely in the state of California. The State of California website defines drunk driving as operating a regular passenger vehicle with a blood alcohol content of 0.08 percent or higher. Driving under the influence will result in a DUI, and immediate suspension of driving privileges upon the first DUI offense.

What qualifies as "pain and suffering?"

If pursuing litigation in the state of California in the event of a motor vehicle accident or other accident resulting in injury, you may seek damages defined in the suit as "pain and suffering." Pain and suffering can cover far more than immediate physical injuries or loss of property resulting from the incident. Damages can extend to mental and emotional trauma, lost wages due to recovery or diminished capacity, long-term and short-term impact on existing relationships, and lost potential opportunities due to incapacity or irreparably changed life circumstances.

Accountability for medical costs after a car accident

The impact of motor vehicle collisions can lead to extensive medical costs associated with treatment and recovery. FindLaw.com explains that who is responsible for those costs depends on who was responsible for the accident, as determined by California car accident compensation laws covering "at fault" and "pure comparative negligence" statues.

Proper driving procedures when in or around recreational vehicles

A recreational vehicle is a great way to have fun in California, but such a large vehicle may be part of a larger accident than a small car. An RV owner should take the time to understand their vehicle and the legalities around driving it. Likewise, those who share the road with RVs should know the best ways to avoid an accident with this much larger vehicle.

Comparative negligence divides fault between parties

California state law offers more than one option for litigating damages in motor vehicle accident cases. Determination of fault in cases involving vehicular accidents can impact the outcome of lawsuits and settlements, including any damages owed by one or more parties.

Know the different consequences for drunk and distracted driving

Before cellphones, distracted driving in California often entailed a motorist who was changing radio stations, eating fast food or applying makeup while at the wheel. With so many digital technologies readily available, distracted driving has become more common. Another familiar road hazard is drunk driving, but the two impaired states and their consequences are not as similar as a person might think. 

No recall issued on semiautonomous car after crash

Automobile manufacturers continue to add safety features to vehicles to reduce the number of traffic accidents each year, and many people in California are enthusiastic about the technology. In addition to the airbags and anti-lock brakes that drivers may now take for granted, there are lane departure warning systems, cameras that detect other vehicles in blind spots and automatic braking. When people rely too heavily on new technology, though, they could be putting themselves at greater risk of a crash. 

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