In a California personal injury case, a plaintiff can seek various damages depending on the injuries they sustained and the effects those injuries are expected to have in the future. Common types of damages awards include those for lost wages, past medical expenses, and past pain and suffering. However, serious…
While some California motorcycle accidents present a situation in which one party is clearly the victim and another clearly at fault, it is common for the parties involved to each be partially at fault. In California, courts apply the “pure comparative fault” method when determining which parties are entitled to…
One of the most important considerations in any California personal injury case is understanding when the claim must be filed. In a recent case, an appellate court allowed a California motorcycle accident case to proceed to trial despite the defendant’s argument that the claim was filed after the relevant statute…
The temperate climate of California is perfect for motorcycle enthusiasts. In fact, California offers some of the most popular motorcycle routes, including the views from Big Sur along Highway 1. However, each year as more motorcyclists take the road, there is a corresponding increase in California motorcycle accidents. This is…
When someone is injured while playing sports or engaging in another recreational activity, the injured party may be able to seek financial compensation for their injuries against the responsible parties through a California personal injury lawsuit. However, the doctrine of assumption of the risk can act to bar some plaintiffs’…
In a recent decision, the California Court of Appeal upheld a judgment in favor of the defendants after the plaintiff alleged that their negligence had caused his injuries, but he failed to meet his burden of proof. After suffering injuries while participating in a class on motorcycle basic rider training…
In a recent opinion, the California Court of Appeals held it was a question of fact for the jury as to whether an employee was on a business errand while commuting, and as a result, whether the employer could be liable for injuries to a motorcyclist struck by the employee…
An unpublished opinion issued by a California Appellate Court addressed issues concerning confidentiality and privileged statements made by accident victims to their own insurance companies. Generally, a recorded statement made to the policyholder’s automobile insurance company following an accident is protected under the attorney-client privilege and cannot be used in…
Following a fatal head-on motorcycle accident on State Highway 33, surviving family members of the deceased brought a wrongful death action. A jury determined that the State of California and the operator of the other motorcycle had been at fault for the accident. Specifically, the State was deemed liable for a dangerous…
The issue of whether a taxi driver was an agent or an employee of a defendant taxi company recently came before the California Court of Appeal. Following a motorcycle crash, the plaintiff in this case had filed a personal injury claim against the taxi driver who crashed into him and…