California Personal Injury Lawyers Blog

Lyft Offers Additional Coverage in Case of a California Car Accident – Is it Enough?

February 11, 2014 | by Robert Walch

Lyft, a popular ride-sharing application, has announced that it is increasing the auto insurance coverage for its drivers. Currently, the law in California only requires ride-sharing companies, like Lyft, Uber and Sidecar, to carry one-million dollars in car accident liability insurance. This is the insurance coverage that covers people who are injured in an accident caused by a driver working for one of these companies.

The law does not, however, require that the companies provide collision coverage, which is used to repair the vehicle damaged in a car accident, or uninsured motorist coverage, which would cover the driver and passengers of the vehicle, if the other driver causes the car accident and does not have coverage or does not have adequate coverage for the serious injuries suffered.

According to the Los Angeles Times, Uber has said that they have been providing collision and uninsured motorist coverage since December. Lyft is now offering its drivers the option of carrying collision coverage and uninsured motorist coverage. If covered, it is unknown how much uninsured motorist coverage these companies will provide for their drivers and customers.

Uber Wrongful Death Lawsuit Should Clear Unsettled Law on Ride-Sharing

February 6, 2014 | by Robert Walch

As many of you know, a tragic pedestrian accident occurred on New Year’s Eve, when a driver, who was allegedly logged into Uber’s system, struck a family crossing a street. According to the Los Angeles Times, Sofia Liu’s family has filed a wrongful death lawsuit against Uber, alleging that although the driver of the car was not carrying any passengers for Uber at the time of the accident, Uber is still responsible, as the driver was working for Uber.

The California wrongful death suit alleges that because the driver was available for Uber application users to reserve him for a ride, this is Uber’s business and Uber should be held responsible. Uber, however, like most corporations and insurance companies, are looking for ways to deflect liability away from themselves, to avoid paying wrongful death damages.

Unfortunately, the law is still very unsettled when it comes to ride-sharing applications and companies, as this is a rather new service available to people in California. These companies operate by paying people to use their own vehicles to give rides, then sharing the revenue from the consumer. The California Public Utilities Commission requires that the companies, such as Uber, carry one million dollars of liability insurance coverage. However, it is not clear if that coverage kicks in only when the driver is carrying passengers, responding to calls to pick up passengers, or simply available to pick up passengers and logged into the Uber system

Concussions – Traumatic Brain Injuries – NFL

January 29, 2014 | by Robert Walch

According to ESPN, former National Football League running back, Jahvid Best, who played for the Detroit Lions, has filed a personal injury lawsuit against the NFL, Riddell and Easton-Bell Sports, for the concussions that he sustained while playing football, which ended his professional football playing career.

It will be particularly interesting to see what information is gained through litigation against Riddell and Easton, who make the helmets that the NFL players wear. Have these companies been withholding relevant concussion information from consumers? Can football helmets be made in a way that, when used properly, including helmet to helmet hits (which are part of football), the players wearing the helmets do not suffer concussions? Is there a better helmet that could have been designed and used that is not being used so that teams can save money? Hopefully the litigation process will divulge this information.

It is understandable if some people see this lawsuit and do not believe the suit has merits. Some may argue that Mr. Best knew full well the risks of playing football before he agreed to be paid a lot of money to play. However, more and more information keeps emerging about the damages of a concussion. It is very important for people to remember that a concussion is a traumatic brain injury (TBI) and is a serious injury that cannot be taken lightly. If certain companies intentionally withheld safety information, including the damaging effects of concussions, from users of the products the companies manufactured, or if the league did not disclose the risks and dangers of concussions to its players, we can understand why there would be personal injury liability on those parties.

Woman Killed in 405 Freeway Motorcycle Accident

January 22, 2014 | by Robert Walch

A woman was killed early this morning in a Los Angeles 405 Freeway motorcycle accident. The Los Angeles motorcycle accident occurred in the Sepulveda Pass. It is unclear at this time what caused the motorcycle crash, but the Los Angeles Times is reporting that the motorcycle and another car collided on the freeway and the female motorcyclist was killed. The woman who was killed in the crash, Fallon Naccarato, is from Newbury Park, California.

Due to this motorcycle accident fatality, the investigating officers closed all five lanes of the 405 Freeway, near the Getty Center. However, by nine o’clock in the morning, all lanes were open for traffic. Any witnesses to this motorcycle accident in Los Angeles should contact the California Highway Patrol and provide any information they may have.

Authorities will have to investigate whether the motorcycle or the vehicle caused this crash. Often, we see that the motorcycle rider is blamed, even when the driver of the car is actually at fault for the crash. This is often due to misconceptions about motorcycle riders, including that they speed, weave between lanes and drive recklessly.

Google Glass – Traffic Citations? Potential for Injury Liability?

January 17, 2014 | by Robert Walch

A woman in Temecula, California, who was wearing Google Glass eye-wear while driving, was found not guilty of distracted driving, according to the Los Angeles Times, after she was issued a ticket by California Highway Patrol. In this particular case, the judge determined that officers would have to be able to prove that the driver of the vehicle actually had the Google Glass turned on, rather than just on the driver’s head, to possibly prove the driver was distracted.

This driver was charged under California Vehicle Code Section 27602, which was written to prevent drivers from looking at a video type of screen while driving. Here, the argument would be that the Google Glass device does not provide any distraction when simply worn, but not turned on.

While Google Glass is only being used by a trial number of people at the moment, it is only a matter of time before the devices become more common and we will probably eventually see a Los Angeles car accident where a claim is made, possibly against Google, because of Google Glass distracting a driver. Without having too much knowledge of how Google Glass works, it appears to me that Google’s argument will be that drivers should not use the device while driving, just like drivers should not be texting or watching a DVD on a video monitor. Unless there is something about the Google Glass that encourages users to use it while driving, it is hard to imagine liability being placed on Google, when a user decides to use the product while driving.

Young Girl Killed in Tragic Uber Accident

January 2, 2014 | by Robert Walch

A pedestrian accident in San Francisco, involving an Uber driver, has resulted in the death of a young girl and caused serious injuries to her brother and mother. According to TechCrunch, an Uber SUV driver collided with the family as they were walking in a crosswalk. Apparently, the driver was not in the process of transporting an Uber rider, so Uber’s liability insurance may not apply to cover the California wrongful death damages.

This Uber car accident brings up many important legal issues that may not be addressed under current California law. Normally, with a common carrier, such as a taxi, there is a commercial insurance policy in place covering the taxi. The policy will cover the taxi if it causes an accident while transporting people or not. However, with Uber, the company may claim that its drivers are not working for Uber unless they actually are transporting the Uber customer(s) at the time of the crash. Uber’s argument would be strengthened by the fact that Uber does not own the vehicle and the driver is free to do his/her own thing when not transporting an Uber rider.

Victim’s rights advocates, like California personal injury lawyers, may make the argument that if the driver is available to Uber or in the process of picking someone up for Uber, that he/she is working for Uber and Uber’s insurance should apply to cover the damages caused by the accident.

New Study Shows Link Between Cell Phone Use and Car Accidents

January 1, 2014 | by Robert Walch

A new study published recently shows how cell phone use greatly increases the risk of car accidents, especially with newer drivers. According to the Los Angeles Times, one interesting note from the study was that talking on the cell phone did not prove as dangerous as other studies have shown. However, talking on the phone usually requires dialing and/or reaching for a phone, which increases the risk of an automobile accident.

This study showed that with younger drivers, the chance of a car accident or nearly missing a car accident was seven times higher when the driver is reaching for a cell phone or dialing. Surprisingly, text messaging proved to be less risky, with the chances of an accident or almost getting into an accident four times higher than when normally driving.

In the case of adults with approximately 20 years of driving experience, dialing on a cell phone increased the risk of an accident, but the effect of text messaging was not clear from this particular study.

Riverside Car Accident Results in Wrongful Death

December 27, 2013 | by Robert Walch

A wrong way driver caused a tragic Riverside car accident early Thursday morning when her vehicle struck another vehicle in a head on collision. The car accident in Riverside occurred on the 60 Freeway close to Day Street in Riverside County, California.

According to the Los Angeles Times, the CHP initially received reports that there was a Chevrolet Impala traveling in the wrong direction on the freeway. Shortly thereafter, the CHP found out that a crash had in fact occurred.

The man who was traveling the correct direction was killed and passed away at the scene of the Riverside crash. The woman who was driving in the wrong direction, Patricia Starr-Blanco, suffered serious car accident injuries. Her prognosis is not yet known. Ms. Blanco also had a passenger in her car who suffered injuries that were not described as life threatening.

Off Duty Police Officer Helps Save Man After Los Angeles Car Accident

December 26, 2013 | by Robert Walch

A Los Angeles car accident on Christmas day resulted in a vehicle fire on the southbound 405 freeway, near the interchange with the 101 freeway. After a car apparently collided with the center divider, an off duty LAPD officer who witnessed the crash stopped to assist. According to the Los Angeles Times, officer Thompson cut the victim’s seat-belt and attempted to free him from the burning car, before Thompson himself was overcome by the fire and smoke.

Fortunately, two other people stopped and helped and pulled Thompson and the other victim from the burning car. The car ended up fully engulfed by flames from the 405 freeway accident. A captain in the Los Angeles Fire Department said that Thompson’s actions probably saved the victim’s life.

It is still unclear exactly what caused this car accident in Los Angeles. Vehicles collide with guardrails and center dividers for many reasons. Sometimes it is due to driver inattentiveness and other times the accidents are caused by other vehicles that change lanes into the car without seeing it, pushing it into the divider.

7 Car Tarzana Accident Causes Injuries and Wrongful Death

December 17, 2013 | by Robert Walch

A car accident in Tarzana on Monday, involving a total of seven automobiles, caused the death of one woman and numerous car accident injuries to other people involved in the crash. The crash occurred near the intersection of Ventura Blvd. and Corbin Ave., which is near where Tarzana and Reseda meet.

The woman who passed away as a result of the Tarzana car accident was not identified by the Los Angeles Times. According to investigators, it appears that speed may have been a factor in this multi-vehicle collision. The LAPD said that a Ford Taurus was probably the cause of the collision, as it collided with numerous vehicles. The Ford Taurus driver, who was also injured in the collision, was hospitalized as a result of the accident injuries.

In a case like this, the family of the Tarzana wrongful death victim should immediately contact a local wrongful death lawyer who can help recover wrongful death damages from all responsible parties. Typically, the first source for such a recovery would be the auto insurance liability coverage of the responsible party or parties. It will first be necessary to determine who was at fault, then the attorney will have to locate the applicable coverage and seek the maximum monetary recovery for the heirs of the deceased.