Automobile Accidents

Published on: June 9, 2020

What do California Drivers Need to Know About Proposition 213?

If 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:

Published on: June 2, 2020

Is it cheaper to take Uber or Lyft in Los Angeles?

by Steven M. Sweat

Uber 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.

Published on: May 6, 2020

California Court Rejects Holding Lyft Liable for Driver Not Carrying Passengers or Using App

by Steven M. Sweat

In 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.

Published on: April 15, 2020

Where does Los Angeles rank for DUI accidents?

by Steven M. Sweat

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.

Published on: January 7, 2020

Do men or women cause more accidents?

by Steven M. Sweat

There 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.

Published on: October 1, 2019

Damage Awarded to Children of Mother Killed by Drunk Driver Not Excessive

by Steven M. Sweat

The family members of people who are killed by the negligent or wrongful actions of others in California can file wrongful death lawsuits against the negligent or wrongful actors. By filing lawsuits, the family members might recover damages to compensate them for their economic and non-economic losses. While economic losses are fairly simple to calculate, non-economic damages are more nebulous and difficult to calculate. In Fernandez v. Jimenez, Cal. Ct. App., No. B281518, the court considered whether a non-economic damages award of $45 million was excessive in a wrongful death case.

Factual and procedural background

Claudia Fernandez was a single mother who was 38-years-old. She had four children who ranged in ages from 22 to 10 and worked in an animal hospital to support them. Her children’s names were Rachel Fernandez, Jeremy Valle, Donovan Valle, and Ryan Valle. Rachel was attending college, and the three younger brothers were all enrolled in school.

Published on: August 6, 2019

Driver Sues for Flying Mattress on Los Angeles Freeway

by Steven M. Sweat

In 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

Published on: June 21, 2019

Driverless Delivery Trucks in Southern California – What Happens if they crash?

by Steven M. Sweat

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

Published on: June 6, 2019

Which color car gets in the most accidents?

by Steven M. Sweat

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.

Published on: May 29, 2019

California Appeals Court Refuses to Reverse Verdict in Truck Accident

by Steven M. Sweat

In 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