Articles Tagged with negligence

After a motor vehicle crash in Escondido caused by a drunk driver or a drugged driver, is it a given that the intoxicated driver was at fault for the accident? In many (and even most) cases, the answer is yes, but sometimes complications can arise. Our Escondido car accident lawyers can explain.

Negligence and Alcohol or Drug Intoxication

Any motorist who drives under the influence of drugs or alcohol fails to behave as a reasonable driver would and is likely negligent. When a driver is negligent, they can be liable for any injuries in a crash they cause. In a DUI case in California, there are many ways you might be able to prove that the drunk or drugged driver was at fault, such as:

Car accidents happen much too often in and around San Clemente, and these accidents can have many different causes. Often, motor vehicle collisions result from another driver’s negligence, and it may be possible to file a lawsuit against that negligent driver. At the same time, car accidents can have other causes, so it is important to work with a Southern California car accident attorney to determine liability. In some cases, you may be able to file a claim against multiple parties. Consider some of the following ways in which different parties can be responsible for injuries in traffic collisions.

Driver Whose Negligence Caused the Accident

Whenever a driver gets behind the wheel of a car or truck, that driver owes a duty of care to other motorists on the road. That driver must behave reasonably behind the wheel, and that driver can be liable for any accidents and injuries resulting from careless acts or omissions. Some of the most common sources of driver negligence include distracted driving, drunk or intoxicated driving, aggressive driving behaviors, failing to obey traffic rules, and fatigued driving.

Hotel and motel negligence in Vista can take many different forms in California, including negligent security measures that result in assaults or other acts of violence on hotel or motel premises. When a hotel or motel owner does not provide adequate security to customers on the premises, the hotel or motel ultimately may be liable for injuries resulting from a third party’s violent acts. To be clear, the injury victim may be eligible to hold a hotel or motel liable for violence perpetrated by a third party by filing a negligent security claim. The following are five things to know about hotel negligence and assaults in Vista.

  1. Negligent Security Claims are Personal Injury Lawsuits

Negligent security claims filed against hotels and motels are types of personal injury lawsuits. As such, the statute of limitations for most other types of personal injury cases will apply.

After an Oceanside car accident in which another motorist is at fault, you should be thinking about your options for filing a claim for financial compensation. For most injury victims in motor vehicle collisions, the first step in seeking compensation is filing an auto insurance claim. Auto insurance claims can be filed as first-party claims through an injured person’s own auto insurance policy, or as third-party claims through the at-fault motorist’s auto insurance policy. When an auto insurance claim does not result in sufficient compensation, an injured person will often move on to file a car accident lawsuit. However, in some cases, the defendant will attempt to reduce his or her liability by raising the issue of comparative fault. 

What is comparative fault, and how can it impact your payout in an Oceanside car accident claim?

Understanding Damages in a Car Accident and the Effect of Comparative Fault

Whether you have traveled to Escondido from a state far from California or you are a California resident and have simply planned a weekend trip to Southern California to spend time at the beach with your family, keep in mind that serious and deadly injuries can happen at hotels. While you might be prepared for the possibility of a car crash while you are traveling on the freeway, and although you may be taking precautions to prevent a drowning accident at the beach, you should know that hotels and motels can be dangerous places, too. When hotel or motel negligence results in a serious personal injury, you may be able to file a claim for financial compensation with assistance from an Escondido personal injury lawyer. In the meantime, the following are three things to know about hotel injuries in Escondido. 

Hotel Negligence Can Result in Many Types of Injuries

There are many different types of injuries that can result from hotel or motel negligence. For example, you or your child might sustain a serious injury as a result of a drowning accident near an unattended hotel or motel pool. Or you or another guest might sustain a serious injury in a slip and fall accident resulting from damaged flooring or a broken outdoor light that the hotel maintenance staff failed to replace. Slips and falls at hotels and motels can also occur in breakfast areas, at bars, and around pool decks due to liquid spills. At the same time, hotels may also be responsible for third-party assaults that happen because of negligent security—such as a hotel’s failure to repair a damaged door lock or window in your room. 

If you were injured in an accident in Carlsbad or in another incident that resulted in a serious personal injury, you may be thinking about your options for seeking financial compensation. If you were harmed in a motor vehicle collision, you could be eligible to seek financial compensation by filing an auto insurance claim before you need to move onto thinking about a lawsuit. Or, if you were injured at work, you could be eligible to obtain medical benefits and money to cover lost wages by filing a workers’ compensation claim. For other types of accidents, the first step may be to file a personal injury lawsuit against the at-fault party. 

Whether you have already gone through another claims or benefits process, or you are getting started quickly on your personal injury lawsuit, it is important to understand how comparative fault may affect the outcome of your lawsuit.

What is Comparative Fault? 

If you are planning to stay at a hotel in San Marcos or elsewhere in Southern California, you should be able to expect that the hotel will maintain the premises in a reasonably safe manner, and that you will not be exposed to unreasonable risks of harm or injury. However, in the era of COVID-19 and the coronavirus pandemic, the idea of being reasonably safe in a hotel environment has shifted. Many people still want to travel within California, and others want to plan vacations to Southern California from other parts of the country. Ultimately, if you stay at a hotel where you contract COVID-19, can you file a negligence claim against the hotel?

 
This is a complicated question, and it ultimately depends upon a number of different factors. We will provide you with some clarifying information below, but it is important to speak with a hotel negligence attorney in San Marcos to determine whether or not you have a claim.

 
Was the Hotel Negligent in Failing to Prevent the Spread of the Coronavirus?

Getting hurt in a motorcycle crash in Rancho Bernardo can be devastating. When motorcyclists are involved in collisions with cars or trucks, the motorcyclist often is the one who sustains particularly severe injuries. As the Insurance Information Institute (III) explains, “motorcycles are by their nature far less crashworthy than closed vehicles,” making motorcyclists more vulnerable in the event of an accident. While motor vehicle drivers often are at fault for motorcycle crashes in Southern California, motorcyclists can also bear some responsibility for the collision. If you were involved in a motorcycle accident and you think you may have been partially to blame, you may be wondering: Should I still file a claim even if I am partially at fault? 

Generally speaking, it is extremely important to file a claim even if you think you may bear some responsibility for the crash. Yet perhaps even more importantly, you should know the proper steps for moving forward with your claim to give yourself the best chance at obtaining full compensation for your losses.

Do Not Admit Fault—Even if You Think You Might be Partially to Blame

ryan-wilson-18905-copy-300x300If you are staying at a hotel in Rancho Bernardo with your family, and there is a swimming pool accident, who is liable? Hotel accidents and accidental drowning incidents happen more often than they should. Hotels in Southern California and throughout the country often have signs around pool areas that warn about risks. In some situations, parents sign waivers for their kids to use a hotel pool. Can a hotel still be liable in the event that a drowning incident occurs and a child sustains serious personal injuries?

The facts of each case are different, but it is important to know that warnings and waivers do not always release hotels or other property owners from liability in a swimming pool accident.

Premises Liability and Swimming Pools at California Hotels

Moving-2When we are on neighborhood roads or highways in Southern California, should we be concerned about the risk of a car accident caused by road debris? Most of us are typically on the lookout for other drivers who are not obeying the rules of the road or distracted pedestrians who might inadvertently step into traffic, but according to a recent report from CBS News, dangerous road debris causes far more car crashes than you might expect. Between 2011 and 2014, more than 200,000 collisions have been attributed to debris already in the road or to debris falling from unsecured truck loads. What else should you know about crashes caused by debris, and what can you do to prevent them?

AAA Study Highlights Severity of Crashes Caused by Debris and Unsecured Loads

The CBS News report cites a recent study conducted by the AAA Foundation for Traffic Safety, which determined that approximately 39,000 injuries and 500 deaths on the road between 2011 and 2014 resulted from debris. According to Tamra Johnson, a spokesperson for the AAA Foundation, “the really troublesome thing about all this is a majority of these crashes are preventable, if drivers would just take the necessary precautions to secure their load or maintain their vehicle properly.”

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