Personal Injury

Understanding Your Rights After an Accident with an Amazon Delivery Truck

July 13, 2024 | Sharifi Firm, APC

In recent years, the sight of Amazon delivery trucks has become almost as common as seeing a neighbor’s car in the driveway. With the increase in deliveries, however, comes a heightened risk of accidents involving these vehicles. If you find yourself injured in an accident with an Amazon delivery truck, it is crucial to understand your rights and the steps you should take to ensure you are properly compensated.

Determining who is responsible for the accident is a critical step in seeking compensation. Unlike traditional delivery services, Amazon uses a mix of company-owned vehicles, third-party delivery services, and independent contractors. This can complicate the process of establishing liability.

Amazon Employees: If the driver of the delivery truck is an Amazon employee, Amazon can be held directly liable for the actions of their employee under the legal doctrine of “respondeat superior.” This principle holds employers responsible for the negligent acts of their employees performed within the scope of their employment.

Navigating the Perils of Scooter Riding in California: Understanding Your Legal Rights

June 22, 2024 | Sharifi Firm, APC

The rise of electric scooters in California has revolutionized urban transportation, offering a convenient and eco-friendly way to navigate the bustling streets of cities like Los Angeles, San Francisco, and San Diego. However, with convenience comes risk, and the perils of riding a scooter can be significant. Understanding the legal landscape is crucial for riders and victims alike, particularly when injuries occur.

The Perils of Scooter Riding

1. Accidents and Injuries

Navigating the Aftermath of a Motorcycle Accident in California: The Importance of Contacting an Experienced Injury Lawyer

June 15, 2024 | Sharifi Firm, APC

Motorcycle accidents can be life-altering events, leaving victims with severe injuries, emotional trauma, and a daunting path to recovery. In California, where motorcycling is a popular mode of transportation due to the state’s scenic routes and favorable weather, the risk of accidents is a constant concern. If you or a loved one has been injured in a motorcycle accident in California, it’s crucial to understand why contacting an experienced injury lawyer can make a significant difference in your recovery and compensation journey.

The Unique Risks of Motorcycle Riding

Motorcycles offer little protection in the event of a collision, making riders more vulnerable to severe injuries compared to car occupants. Common injuries from motorcycle accidents include:

Trucking Accidents: Liability of Truck Companies to Injury Victims in California.

May 19, 2024 | Sharifi Firm, APC

A trucking company can be held liable for injuries caused by its driver under several legal theories. The primary theories include vicarious liability, negligent hiring, training, or supervision, and direct liability for failing to maintain safe vehicles. Here is what to consider:

Vicarious liability holds employers responsible for the actions of their employees if the employee was acting within the scope of their employment at the time of the accident. This means that if a truck driver causes an accident while performing job-related duties, the trucking company can be liable for the resulting injuries and damages.

Negligent Hiring, Training, or Supervision A trucking company can be directly liable if it is found negligent in its hiring, training, or supervision of its drivers. Examples include:

Understanding the Rights of Injured Passengers in Uber Accidents in California

May 11, 2024 | Sharifi Firm, APC

Ride-sharing services like Uber have revolutionized transportation, offering convenience and accessibility. However, accidents can still happen, leaving passengers injured and uncertain about their rights. In California, passengers involved in Uber accidents have specific legal protections, ensuring they receive fair compensation for their injuries and losses.

Firstly, California law requires Uber to carry commercial insurance coverage for its drivers. This insurance covers both bodily injury and property damage liability. For passengers injured in an accident involving an Uber vehicle, this means they can typically file a claim against Uber’s insurance policy to cover their medical expenses, lost wages, pain and suffering and other damages resulting from the accident.

However, navigating the legal process after an accident can be complex, especially when dealing with a large corporation like Uber. Injured passengers should seek the assistance of an experienced personal injury attorney to ensure their rights are protected and they receive fair compensation. An attorney can gather evidence to support the passenger’s claim, and represent them in court if necessary.

Third-Party Workers’ Compensation Claims in California

December 26, 2017 | Sharifi Firm, APC

In California workplace injury cases, the general rule is that a workers’ compensation claim is the injured employee’s sole remedy against their employer. The idea is that the no-fault workers’ compensation program is a more efficient method of getting an injured employee the compensation they need while they recover from their injuries. However, damages are limited in California workers’ compensation cases to actual medical expenses and lost wages.

California law also permits workplace injury cases to be filed against third parties that are responsible for an employee’s injuries. For example, if a truck driver is injured while unloading his cargo due to some hazard on the loading dock, the company receiving the delivery may be named as a third-party defendant in a personal injury lawsuit. However, special care must be taken in the preparation of these cases to avoid unintended consequences.

A recent case discusses the difficulties one plaintiff encountered after successfully obtaining a judgment against a third-party defendant. In that case, the plaintiff was injured in a Wal-Mart store while on the clock for another company. Immediately after her injury, the plaintiff sought and obtained workers’ compensation benefits through her employer for both medical expenses and lost wages.

Liability in California Car Accidents Involving Autonomous Vehicles

December 19, 2017 | Sharifi Firm, APC

California, and Silicon Valley in particular, has long been a hot-bed for technology, starting back in the 1970s with the development of semiconductors. In recent years, California has broadened its focus to all kinds of technological advancements. Perhaps one of the most anticipated technologies brewing in the state has been that of the driverless car.

Given the recent advancements in the technology, the day when driverless cars are a common sight on the road is not far away. When driverless cars do become common, there are going to be a host of legal issues that need to be resolved. For example, who is in charge – and thus, who is liable – in the event of an accident involving a driverless car?

In anticipation of the arrival of driverless cars, California lawmakers have started to wrestle with some of the issues the technology will present. According to a recent article, the California Department of Motor Vehicles is in the process of creating specific rules for driverless cars. The tension seems to be between fostering an innovative environment in which companies are encouraged to develop new products and the safety concerns presented by autonomous vehicles.

Can a Car Accident Victim’s Failure to Wear a Seatbelt Be Used against Them in a California Personal Injury Case?

December 15, 2017 | Sharifi Firm, APC

The fact that seatbelts can save lives or reduce the severity of injuries in a California car accident is common knowledge. Indeed, California law requires all cars to have properly functioning seatbelts and also requires drivers and passengers over the age of eight to wear a seatbelt at all times.

While seatbelt use can save the life of a motorist involved in a car accident, the act of wearing a seatbelt does nothing to decrease the chance of being involved in an accident. This has led states to come to differing conclusions about whether a defendant in a car accident lawsuit can use the fact that the plaintiff was not wearing a seatbelt as a defense or as a way to limit their own liability.

California’s Approach to Seatbelt Non-Use Evidence

California takes an interesting approach when it comes to seatbelt non-use evidence in that courts allow a defendant to argue that a plaintiff’s failure to wear a seatbelt should factor into the jury’s determination of the reasonableness of the plaintiff’s conduct. To understand how this works, it is necessary to understand California’s comparative fault statute.

California Court Holds Government Entity May Be Precluded from Asserting Plaintiff’s Non-Compliance with Government Claims Act, Based on Misleading Statements

December 8, 2017 | Sharifi Firm, APC

Earlier this month, an appellate court issued an opinion in a California car accident case involving the alleged negligence of a police officer. The case required the court to discuss the Government Claims Act and whether the plaintiffs’ non-compliance with the Act should prevent the plaintiffs from proceeding with their case against the government defendants. Ultimately, since the court determined that the government officials involved in the case may have made misleading statements to the plaintiffs and their attorney, the court permitted the plaintiffs’ case to proceed in order for a jury to determine whether the plaintiffs should be excused from compliance with the Act.

The Facts of the Case

The plaintiffs were seriously injured when a car driven by a police officer with the L.A. School Police Department (LASPD) ran a red light and crashed into their vehicle. After the accident, but before the plaintiffs were taken to the hospital in an ambulance, the plaintiffs were provided a business card indicating that the responsible party was LASPD. The card listed the LASPD address and website.

Four days after the accident, the plaintiffs’ attorney filed a claim for damages against LASPD. The attorney obtained the complaint form from the LASPD website. The plaintiffs later filed a personal injury case against LASPD. Once the case was filed, certain information was passed, including the name of the officer responsible for the accident as well as the name of the government organization that owned the vehicle, the L.A. Unified School District (LAUSD). The plaintiffs then amended their complaint to add LAUSD.

California Car Accident Victim’s Case Against Insurance Company Dismissed Based on Overbroad Release of Liability

December 1, 2017 | Sharifi Firm, APC

Earlier this month, an appellate court in Georgia issued a written opinion in a car accident case requiring the court to determine which state’s law applied to the case. While the opinion is from a Georgia court, the choice-of-law issue is one that could potentially arise in any California car accident case.

The Facts of the Case

The plaintiff was formerly a Georgia resident who was attending school in California. Prior to leaving for California, the plaintiff’s parents bought her a car. The car was licensed and insured in Georgia.

One day, the plaintiff was involved in a car accident that she claimed was caused by the other driver’s negligence. The plaintiff settled her claim with the other driver and executed a general release of liability pursuant to the negotiations between the parties. However, the plaintiff claimed that her injuries exceeded the amount she recovered from the other driver, so she filed a claim with her own insurance company under the underinsured motorist provision.