Articles Posted in Accidents

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Los-Angeles-Freeway-Accident-LawyerIn accidents that are caused by the defendants’ violation of the law, people may be able to claim negligence per se. When an accident results from breaking a traffic law, it is enough to prove the element of negligence. Once a defendant’s negligence has been established, the plaintiff will then need to prove that the negligence resulted in the accident and that he or she suffered injuries and harm because of the defendant’s breach of his or her duty of care.

In Baker-Smith v. Skolnick, Cal. Ct. App. Case No. B282946, the court considered whether the defense can raise a defense of excuse in cases that involve negligence per se. While the court found that excuse can be raised in some negligence per se cases, it is not available when the potential harms are serious.

Factual and procedural background

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3M-Earplug-Lawsuit-Lawyer-CaliforniaIf you are a current or former member of the U.S. military who has a hearing loss or who suffers from tinnitus, your condition may have been caused by defective combat earplugs. These earplugs were sold to the government by 3M and are called the Combat Arms Earplugs, Version 2 or CAEv2. In 2018, 3M reached a settlement with the U.S. Department of Justice and agreed to pay $9.1 million for its failure to disclose that the earplugs were defectively designed. These defects led to hearing losses and tinnitus in thousands of military service members who used them.

The Los Angeles injury lawyers at Steven M. Sweat APC are currently reviewing defective earplugs cases to veterans who have suffered hearing losses or tinnitus after using the CAEv2 earplugs. The earplugs were used by service members who served from 2003 to 2015 and were olive and yellow in color. If you remember using these earplugs and have suffered a hearing loss, contact our office today for a free case review from an experienced California attorney.

The contract with 3M & Aearo Technologies

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child-bike-accidentsPeople who lose loved ones in accidents that are caused by the negligence of others have the right to file wrongful death lawsuits against the responsible parties. When they are unable to reach a settlement agreement, they can go to jury trials. In Hernandez v. First Student, Inc., Cal. Ct. App. Case No. B281161, the parents of a 13-year-old boy who was killed while riding his bicycle went to trial. However, they did not secure the outcome that they wanted and filed an appeal. The case demonstrates the importance of making timely objections during a trial to preserve the record on appeal. If an attorney fails to make objections at the proper time, the arguments may be forfeited on appeal.

Factual and procedural background

On May 2, 2013, 13-year-old Jonathan Hernandez was riding his bicycle on a sidewalk. He entered into the street without stopping, and he was struck by a school bus. The bus was being driven by Barbara Calderon and was owned by First Student. At the time, Calderon was returning the bus to the school after completing her route. Michael Kennedy was an aide who was also on the school bus at the time.

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California plaintiffs who win verdict awards in personal injury cases may have their awards of future damages for reductions in earning capacity and medical expenses reduced to their present value. This is because the courts recognize that future money is worth less than it is now, and the future amounts that are awarded account for the value of the money if it was invested today. In Lewis v. Ukran, Cal. Ct. App. No. B290128, the California Court of Appeal reviewed a case in which damages that were awarded for future losses were not reduced to their present value in a case in which neither side presented evidence about the discount rate or about inflation.

Factual and procedural background

Thyme Lewis, a 51-year-old stunt worker in the entertainment industry, was operating his motorcycle on May 26, 2013. Aleksandr Ukran was driving a van for his employer, LGI. Ukran made a sharp lefthand turn in front of Lewis’s oncoming motorcycle. While Lewis braked, he was unable to avoid a collision. His front tire struck the side of Ukran’s van, causing him to be thrown off of the motorcycle and onto the top of the van. The accident caused him to suffer major injuries throughout his body.

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baby-powder-lawsuits-attorney-californiaProducts manufacturers have a duty of care to warn consumers about the potential dangers of their products. They also are not supposed to release unreasonably dangerous products into the market. If a product is defective, is unreasonably dangerous, or has inadequate warnings, the manufacturers may be liable when consumers who have used the products in an intended manner are harmed as a result. In Schmitz v. J&J, Superior Court of the State of California, Alameda, Case No. RG18923615, the jury returned a substantial verdict to a California woman who contracted mesothelioma after using talcum-powder products that were manufactured by Johnson & Johnson and Colgate for decades.

Factual and procedural background

Patricia Schmitz, a former fifth-grade teacher, is a 61-year-old California woman. Her mother applied baby powder containing talc when she was an infant. Beginning when she was 13, Schmitz began using talc-based products daily after her shower. She used Colgate-Palmolive’s Cashmere Bouquet on a daily basis from the time that she was 13 until the 2000s. She also used Avon’s Night Magic at some point in time. Her mother had used Johnson & Johnson’s baby powder on her when she was an infant.

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delivery-van-accident-attorney-los-angeles

Multiple companies are working to bring driverless technology to the highways in California and across the country. According to a report by Wired, driverless trucks are now transporting refrigerators from Texas to California. As the push for more driverless vehicles on the roads continues, the likelihood of these trucks being involved in accidents is also going up.

Accidents that are caused by driverless trucks may result in liability issues. The victims might not know which party is responsible for paying damages to them when they have been injured or their loved ones have been killed in accidents with driverless trucks. It is possible that the families may be able to hold the companies that own the trucks and the manufacturers who make them liable in the event of an injury or fatality accident. The experienced personal injury lawyers at the law firm of Steven M. Sweat APC might be able to help injured victims and the families of those who have been killed to identify all of the defendants who should be named so that their compensation might be maximized.

Driverless trucks transporting goods from Texas to California

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color-car-most-accidents

When you are in the market for a new vehicle, you likely want to find a car that has the most safety features to protect you in an accident. While safety technology can help you to prevent injuries, they may not be able to prevent all accidents from occurring. One feature of a vehicle that you might not think about when it comes to safety is the color of your vehicle. Most people choose the color of their cars based on how they look. You might want to think carefully about the color of the car that you choose, however. Researchers have found that the color of a vehicle is linked to its risk of being involved in a collision. If your vehicle is one of the riskier colors, it might increase your risk of being involved in an accident.

Which car colors are associated with a higher accident risk?

According to a report in Reader’s Digest, several studies have found a link between the color of cars and their accident involvement rates. This might make it important for you to consider the color of your vehicle more carefully when you are ready to make a purchasing decision. Here are the colors that are associated with the greatest risk of accidents.

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big-rig-accident-lawyerIn California, people who are injured in accidents may still be able to recover compensation for their losses when their own negligence contributed to the accidents’ causes as long as the other drivers were also negligent. A driver may be found to be negligent per se if he or she violated a statute and the violation was a proximate cause of the accident. In

Taulbee v. EJ Distribution Corp., Cal. Ct. App., Case No. G054545, the court considered a case in which both drivers violated a statute approximately eight minutes apart, and the second driver suffered serious injuries when he collided into the first driver’s truck.[1]

Background of the case

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construction-site-accident-injury-attorneyConstruction workers and people who are walking near construction sites may be injured because these worksites are hazardous. When construction workers are injured at their jobs, they may be limited to recovering workers’ compensation benefits from their employers’ insurance carriers. However, when the negligence of third parties causes their accidents, they may be able to file third-party negligence claims against the responsible parties.

In general, contractors that hire subcontracting companies to perform work at their worksites may not be held liable when the employees of the subcontractors are injured at their jobs. However, as

Strouse v. Webcor Construction, L.P., Cal. Ct. App. Case No. A148863 shows, there are some circumstances in which a general contractor may be liable to pay damages to the employees of subcontractors when the general contractor affirmatively contributes to the accident and resulting injury.

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round-up-weed-killer-cancer-lawyerAs a personal injury attorney helping victims of Roundup weed killer with claims in California, I thought I would provide some useful information on this dangerous product and what victims can do to recover compensation if they or a loved one have been injured by use of this popular and widely used product. Roundup, a popular weedkiller that has been widely used by people in their gardens as well as by farmers, is believed to be linked to certain types of cancer. The weedkiller is manufactured by Monsanto and was first developed in the 1970s. Many people have developed cancer after using this herbicide in their gardens. If you have been diagnosed with non-Hodgkin’s lymphoma, leukemia, or multiple myeloma and have used a weedkiller that contains glyphosate, you may have legal rights to compensation. The Law Offices of Steven M. Sweat are currently reviewing potential claims on behalf of victims who have developed one of these cancers as well as the families of people who have died after using this herbicide in their gardens or on their lawns.

What is dangerous about glyphosate?

Roundup is an effective herbicide that has been widely used to kill weeds in gardens, on farms, and on lawns. The active ingredient in this weedkiller is called glyphosate. Researchers have found a link between glyphosate exposure and specific types of cancer, including non-Hodgkin’s lymphoma, multiple myeloma, and leukemia.

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