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Articles Posted in Accidents

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Los-Angeles-Car-Accident-LawyerIf you are injured in a motor vehicle accident in California that results from the negligence of another driver, you may be entitled to recover damages for your losses. However, your ability to recover damages may be limited if you were driving an uninsured vehicle when you were injured. This is because of a California law that limits the ability of uninsured motorists to recover damages for their non-economic losses. While this law prevents people who do not have insurance from recovering all of the damages to which they would otherwise be entitled to receive, there are multiple exceptions. Getting help from an experienced accident attorney in Los Angeles may help you to recover fair compensation for your losses.

What is Proposition 213?

Proposition 213 is a law that was passed in 1996 in California. The insurance industry spent millions of dollars lobbying for this law to be passed. Insurance companies have been able to enjoy billions of dollars of added profits by avoiding paying non-economic damages to injured drivers who were driving uninsured vehicles at the time of their collisions. Proposition 213 is codified at Cal. Civ. Code § 3333.4, which reads as follows:

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ride-share-uber-lyft-los-angelesUber and Lyft have become so ubiquitous that people might have trouble remembering the time before either app was available in Los Angeles. However, Uber was founded in 2009, and Lyft was founded in 2012. Even though these and other ride-share apps are relatively new phenomena in LA, people have come to rely on these types of services to get to where they want to go at a cheaper price than hailing a taxi.

While there are other ride-sharing apps available, Lyft and Uber dominate the market. The popularity of these apps has led some major car manufacturers and rental companies to partner with Uber or Lyft. While there are exceptions, many people are choosing to use ride-share apps instead of hailing taxis, riding on public transportation, or using their vehicles during their daily commutes in LA. This has resulted in people comparing prices between Uber and Lyft as they try to determine which app offers better prices.

The cost of using ride-share apps widely varies from location to location. However, these apps are much cheaper than taxi services regardless of where you might be located. In addition to comparing prices, you should also understand your rights if you are injured in an accident caused by a Lyft or Uber driver.

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Covid-19-Worker-Injury-Attorneys-Lawyers-CaliforniaAs work injury lawyers, we know that the COVID-19 pandemic has swept across the nation and has resulted in many infections and deaths in California and other states. As the state begins to reopen and more people return to their jobs, many people are concerned about what might happen if they get infected at work. Recently, Governor Gavin Newsom signed an executive order that makes it easier for people who contract COVID-19 while working to recover workers’ compensation benefits.

Governor Newsom’s executive order

On May 6, Governor Newsom announced that he had signed an executive order to allow workers who are diagnosed with coronavirus disease to recover workers’ compensation benefits.[1] The order makes a rebuttable presumption that people who work outside of their homes and contract COVID-19 were exposed to the virus at work. Before the order, workers had the burden of proving that they contracted their illnesses while they were working on the job. This order instead places the burden on the employers to prove that their employees contracted the disease while they were not working.

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lyft-accident-attorneys-injury-lawyersIn California, people who are injured by workers who are acting within the scope and course of their employment at the time of their accidents may recover damages from the employers under a legal principle called respondeat superior. Under this principle, employers are liable for the negligent actions of their employees. However, an employer is not liable for the actions of its employees when they are not working. In Marez v. Lyft, Inc., Cal.Ct.App. Case No. A156761, the California Court of Appeal reviewed the dismissal of two complaints against Lyft in which the plaintiffs alleged that a Lyft driver’s accident happened while he was working and that Lyft should be liable for their injuries and losses.

Case background

In 2015, Jonathan Guarano started working as a driver for Lyft. While he initially drove his personal vehicle, he started driving a vehicle that he rented from Hertz under a program through Lyft called the express driver program. To rent a vehicle from Hertz to drive for Lyft under this program, a driver must choose a pre-approved vehicle and drive at least 20 hours per week. In exchange for driving a Hertz rental vehicle under this program, Lyft drivers receive several incentives. When he made enough money to cover the cost of the rental vehicle, Lyft paid for the rental by deducting it from his paychecks. When he did not make enough money, he paid for the cost out of his pocket. Guarano used the rental car for both personal and work use.

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Despite decades of educational campaigns and enforcement efforts, drunk driving continues to be a problem in California and across the U.S. When people go out for drinks, they sometimes wrongly believe that they are okay to drive instead of calling cabs or ride-shares to get home safely. People who choose to get behind the wheel when they are intoxicated place themselves and others at risk. Unfortunately, this does not deter some people from driving drunk. When people are seriously injured or killed in drunk driving accidents in Los Angeles, the victims and their family members may be entitled to recover damages by filing personal injury or wrongful death lawsuits.

Drunk driving accident and arrest statistics

A review of statistical data by Smart Advocate from 2009 to 2018 compared drunk driving arrests in large cities across the U.S. In Los Angeles, there was an average of 1,804 drunk driving arrests per 100,000 people each year during the 10 years. Los Angeles has experienced a steady decline in the number of drunk driving arrests since 2009. In 2018, the total number of DUI arrests in the city was 4,755. By contrast, the total number of DUI arrests in 2009 was 9,020. While this is a substantial improvement, Los Angeles still ranked number 16 among the cities with the greatest number of DUI arrests in the U.S.

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bike-accident-injury-attorney-Los-Angeles
In California, cities have immunity when people are injured while using paved or unpaved trails because of the design or location of the trail. The immunity does not apply when the injuries are caused by a dangerous condition that is unrelated to the trail, however. In Reed v. City of Los Angeles, Cal. Ct. App., Case No. B294531, the courts considered whether a badminton rope stretched across a bicycle trail was an unrelated dangerous condition or could have caused injuries to people regardless of whether they were using the trail.[1]

Factual and procedural background

On Sept. 12, 2015, Sells Reed III was riding his bicycle at 5:30 a.m. on a paved path that was adjacent to some sports fields in MacArthur Park in Los Angeles. Some people who were not connected to the City of Los Angeles had stretched a rope of a badminton net across the path. Reed did not see the rope and struck it, causing him to fall backward from his bicycle and to suffer multiple injuries. He filed a lawsuit against Los Angeles, alleging that the city had constructive notice of the existence of a dangerous condition on public property or that the city’s public employees were negligent in the performance of their jobs, resulting in his injuries.

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los-angeles-bike-pedestrian-accident-attorneysCountries and cities around the world have started Vision Zero initiatives to eliminate all traffic fatalities. In 2015, Los Angeles mayor Eric Garcetti started the city’s Vision Zero initiative to work toward the elimination of all traffic deaths by 2025. Unfortunately, data demonstrates that traffic fatalities have continued to rise despite the initiative. There are several reasons why the traffic fatality rates show no signs of slowing, including poor infrastructure for bicyclists and pedestrians, distracted driving, and traffic congestion on the city’s streets and roadways.

Statistics

According to data released by Vision Zero and reported by the Los Angeles Times, 244 people died in traffic accidents in Los Angeles in 2019. While this represents a slight decrease of 0.8% from 2018, the statistics about pedestrian and cyclist deaths are more troubling. Since the start of Vision Zero in 2015 in the city, the total number of traffic fatalities has increased by 33%. Pedestrians represent a small percentage of accidents that occurred at 8%. However, they represent 44% of the fatalities that happened over the five years since the start of Vision Zero. In 2019, pedestrians represented 55% of the traffic fatalities that happened in Los Angeles.

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Zantac-Cancer-Lawyers-CaliforniaMillions of Americans have been prescribed Zantac or have taken it over-the-counter to treat the symptoms of acid reflux. Californians who have taken Zantac or its generic ranitidine may be at risk of developing cancer. While many people in California have relied on this drug and have assumed it is safe, research has recently demonstrated that Zantac and ranitidine contain a known carcinogen, and the drug itself may interact with other substances to form the carcinogen in the body. The personal injury attorneys at Steven M. Sweat Injury Lawyers APC represent people who have developed cancer because of this dangerous drug.

What is Zantac?

Zantac is a brand of ranitidine that may be prescribed to treat ulcers of the stomach and intestine and to keep them from returning.[1] It is also used to treat several other digestive problems, including the following:

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men-vs-women-drivers-accidentsThere is a long-running stereotype that women are poor drivers as compared to men. While there are gender-related differences in the accident rates, the statistics do not necessarily show that women cause more accidents than men. In many states, men are charged higher insurance premiums. However, differential auto insurance pricing based on gender is no longer legal in California. While standup comics might joke about women being terrible drivers, and men sometimes tease women about the stereotype, taking a look at the data can help you to decide whether the stereotype is rooted in fact or is false. It is important to look at both the raw data and the reasons behind the differences in accident rates.

Who causes more accidents in Los Angeles?

In a study that was conducted by Crosstown, researchers found that men in Los Angeles cause a much greater percentage of accidents in Los Angeles than women. The researchers analyzed data that had been collected by the Los Angeles Police Department from the past 10 years. Out of almost 500,000 accidents that occurred in the city during that time, the researchers found that men were responsible for causing 60%, and women were responsible for causing 40%. Men caused 264,078 accidents during the 10 years, and women caused 171,343 accidents.

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Allergan-Breast-Implant-Injury-Attorneys-CaliforniaMany women in California and across the U.S. have received breast implants, including for breast reconstruction after breast cancer. Other women have chosen to get implants to enhance their appearance. Women who have received implants should be able to feel confident that their implants are safe. Unfortunately, however, one of the most popular types of implants, the BIOCELL® Textured Breast Implants and Tissue Expanders, were the subject of a voluntary recall by Allergan on July 24, 2019. Allergan’s voluntary recall was issued after the U.S. Food and Drug Administration issued a safety advisory about the breast implants.

If you have received the BIOCELL implants, you may have grounds to file a lawsuit against Allergan. The product liability attorneys at the law firm of Steven M. Sweat, Personal Injury Lawyers can help you to understand the legal options that you might have.

Which Allergan breast implants are included in the recall?

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