What are the top 5 types of California motorcycle accidents? How should motorcycle riders avoid them? San Diego, CA motorcycle accident attorney Ross Jurewitz of the Jurewitz Law Group reveals these answers.
A woman's body was found near the intersection of southbound SR-163 and Interstate 8 in San Diego on Saturday morning. The woman is believed to be the victim of a hit and run car accident along the 163 freeway. California Highway Patrol closed the Hotel Circle offramp to investigate the crime scene.
There is no excuse to leave the scene of the accident when you strike and injure another human being. The quick action of another person shortly after an accident can make the difference in saving an injured person's life. People who leave the scene of the accident are selfish and are not thinking of anyone but themselves when they leave the scene of an accident. We hope that the person who struck and killed this woman will be prosecuted to the fullest extent of the law.
If you or a loved one has ever been injured or killed in a San Diego auto accident, contact San Diego car crash lawyer Ross Jurewitz and the San Diego car accident attorneys of the Jurewitz Law Group at (619) 233-5020. You may also contact these San Diego, CA personal injury lawyers online here.
A woman crossing the intersection of Rancho Bernardo Road and Pomerado Boulevard in the Rancho Bernardo area of San Diego was struck and killed as she walked with a small child. The elderly female driver of the car was not charged as a result of the collision and it was unclear what the relationship was between the woman and the child.
We are deeply saddened to learn about this accident. At the time of this story it is unclear how or why the accident occurred. However, it is always tragic when a life is lost and our thoughts and prayers go out to her friends and family for their loss.
If you or a loved one has ever been injured or killed in a San Diego auto accident, contact San Diego car wreck lawyer Ross Jurewitz and the San Diego car accident attorneys of the Jurewitz Law Group at (619) 233-5020. You may also contact these San Diego, CA personal injury lawyers online here.
On November 23, 2009, the Court of Appeal, Fourth Appellate District of California (which includes much of San Diego and Orange County) handed down an opinion which helped injured Californians seeking full compensation for injuries caused by others. The opinion, Howell v. Hamilton Meats & Provisions, Inc., declined to follow the insurance industry's argument that injured people can only collect monies for the reduced amount of their medical bills negotiated by their health insurance companies. The Court upheld the "collateral source rule" that a negligent person must pay for all the harm they caused--including the full amount of medical bills charged by the health care providers--and cannot obtain the benefit obtained by the injured person's health insurance (the "collateral source", i.e., a source of payment other than the negligent person.
The Howell case involved a car vs. truck accident where San Diego County resident Rebecca Howell was hit by a commercial truck owned by Hamilton Meats and driven by their employee. As a result of the auto wreck, Ms. Howell was admitted to the hospital and received subsequent treatment from her doctors in the total amount of over $189,000 which included a fusion of the vertebrae in her neck. At trial, Hamilton Meats admitted liability for causing the accident but disputed the amount of damages that Ms. Hamilton was seeking for compensation (this is very typical). After trial, the Vista, CA jury awarded Ms. Howell nearly $690,000, including her $189,000 in medical bills.
After trial, Hamilton Meat's attorneys sought to reduce the amount of the verdict by arguing that the true amount of the medical bills was $59,000 and not $189,000 after her doctors agreed to accept reduced payments from Ms. Howell's health insurance carrier. Typically, doctors will agree to a reduced payment from a health insurance company so that the total amount paid for care is not the face value of the bill. They do this for a variety of reasons, including having the benefit of being an approved doctor (and receiving a pipeline of patients) and receiving "in-kind" benefits such as equipment and supplies.
The trial court granted the reduction under a line of cases commonly known as Hanif/Nishihama. During the last five years, the insurance companies have convinced the trial courts that this line of cases allowed for post-trial reductions in jury verdicts despite the fact that the collateral source rule clearly stated that injured people can collect the full amount of their medical bills. The collateral source rule had been California law for nearly 40 years before the Howell decision was handed down earlier this week.
The Appellate Court decision reversed the Hanif/Nishihama rulings and clearly states that the collateral source rule is California law.
This is perhaps the most important ruling in favor of injured Californians in the last 5 or 10 years. The insurance companies had used Hanif/Nishihama to ratchet down settlement offers and to reduce jury verdicts. Now, with Howell, injury victims who had the foresight to obtain health insurance prior to their accident will not find themselves penalized for doing so in court.
Read the whole opinion.
The San Diego injury attorneys at the Jurewitz Law Group want to salute and thank the San Diego, CA personal injury lawyers who fought for this victory.
A San Diego DUI car accident killed a pedestrian when she was struck while walking along the sidewalk in Poway, CA. Kristen Bedard was walking northbound along Community Road on November 23, 2009, when she was struck by a southbound car driven by Becky Marie Anderson. Anderson's car veered off the road and hit Bedard. Bedard was declared dead on the scene and San Diego County Sheriff's Deputies arrested Anderson for DUI and vehicular manslaughter.
Our thoughts and prayers go out to Kristen Bedard's family and friends for their loss. There is no excuse for someone to be intoxicated and driving a car, let alone intoxicated enough to veer across the road and strike a person in an early morning car accident. We recommend that they consult with a qualified, experienced, and aggressive San Diego personal injury attorney who can provide them with a free consultation and advice.
If you or a loved one has ever been injured or killed in a San Diego pedestrian accident, contact San Diego car crash lawyer Ross Jurewitz and the San Diego car accident attorneys of the Jurewitz Law Group at (619) 233-5020. You may also contact these San Diego, CA personal injury lawyers online here.
Four people were injured in a San Francisco cable car accident on the San Francisco Municipal Railway on November 21, 2009, when the cable car stopped without warning causing them to fall. The car stopped because a strand on the underground cable had started to detach. Cable cars use the cable to drive the cars along San Francisco's many hills.
According to police, the injured people included the cable car conductor, gripman, and two other passengers. The initial investigation reveals that the cable car operator was unable to release the cable car grip from the partially torn cable and the conductor then asked central control to shut down the system. At the time of the accident, the car was headed to Fisherman's Wharf.
At this time it is too early to determine whether a legal claim can be made on behalf of the injured victims. However, if the strand detached from the cable due to a manufacturer's defect or poor maintenance, a claim may be successfully made.
If you or a loved one has ever been injured or killed in a San Francisco personal injury accident, contact San Francisco injury lawyer Ross Jurewitz and the San Francisco, CA accident attorneys of the Jurewitz Law Group at (888) 233-5020. You may also contact these San Francisco personal injury lawyers online here.
George Washington once said:
Discipline is the soul of an army. It makes small numbers formidable; procures success to the weak, and esteem to all.
Letter of Instructions to the Captains of the Virginia Regiments [July 29, 1759]. The advocates of consumer rights, viewing the resources of defense firms and corporate defendants, can relate to the trepidation felt by the out-numbered and out-gunned Continental Army. Because of that disparity in resources, Consumer Attorneys of California ("CAOC") consolidates the voices of consumer attorneys throughout the state to (1) preserve and protect the constitutional right to trial by jury for all consumers, (2) champion the cause of those who deserve redress for injury to person or property, (3) encourage and promote changes to California law by legislative, initiative or court action, (4) oppose injustice in existing or contemplated legislation, (5) correct harsh, unjust and oppressive legislation or judicial decisions, (6) advance the common law and promote the public good through the civil justice system and concerted efforts to secure safe products, a safe workplace, a clean environment, and quality health care, (7) uphold the honor, integrity and dignity of the legal profession by encouraging mutual support and cooperation among members, (8) promote the highest standards of professional conduct, and (9) inspire excellence in advocacy. This post is a multi-blog effort to inform consumer attorneys about CAOC's value and encourage participation in CAOC through membership.
CAOC works tirelessly to protect or advance those causes of import to consumers and their attorneys in California. Often those efforts, though valuable, receive little fanfare. For example, CAOC recently sponsored SB 510, which affects the re-sale of what are known as "structured settlements," in which victims receive financial compensation over a period of time for medical expenses and basic living needs, as determined by a jury. Before SB 510 was signed by the Governor, Courts expressed frustration at their inability to prevent the sale of structured settlements on terms that might ultimately lead to long-term financial hardship for the victim. Now, SB 510 gives judges the information they need to make a reasoned decision about the propriety of a structured settlement sale.
Measures like CAOC-sponsored SB 510 help protect the most vulnerable members of our society and ask for nothing in return. They exemplify the spirit of CAOC. However, CAOC is only as effective in its mission as its membership allows it to be. When consumer attorneys join the ranks of CAOC, its voice gains in power and clarity. But if consumer advocates sit on the sidelines, hoping to benefit from the work of others, CAOC is stretched thin, and we are all at risk as a result.
Now, consumer advocate bloggers from across the state are combining their voices to call upon each and every lawyer and firm that regularly represents plaintiffs to join CAOC, thereby strengthening the consumer's first line of defense. The blogs participating in this unified call to action are:
Show your support of consumers' rights by joining and supporting CAOC. Together we can make an impact that we cannot make alone.
