News & Analysis as of

Car Accident

How do I Pay for Damage to my Car after being hit by an Uninsured Motorist?

Woodland Hills Personal injury attorney Barry P. Goldberg often answers the question “How do I Pay for Damage to my Car after being hit by an Uninsured Motorist?” Why? Because huge numbers of California drivers are uninsured...more

“Business Errand” Exception to the “Going and Coming Rule” Generally Presents Question of Fact Making Summary Judgment Rare

In Sumrall v. Modern Alloys, Inc., 2017 WL 1365089 (April 13, 2017), the Fourth Appellate District was presented with another circumstance where the “business errand” exception to the going and coming rule was at issue....more

Lewis v. Clarke And The Failed Expedition To Secure Tribal Rights: SCOTUS Rules Against Tribal Employee Immunity

by Fisher Phillips on

The U.S. Supreme Court unanimously ruled yesterday that tribal sovereign immunity does not apply to employees who are sued in their individual capacities, even if the alleged wrongdoing occurs while the employee is acting...more

The Supreme Court’s Decision in Lewis v. Clarke Potentially Opens the Door of Tort Liability for Tribal Employees

On April 25, 2017, the Supreme Court announced its decision in Lewis v. Clarke, holding that tribal sovereign immunity does not bar individual-capacity damages actions against tribal employees for torts committed within the...more

Supreme Court Decides Lewis v. Clarke

by Faegre Baker Daniels on

On April 25, 2017, the Supreme Court decided Lewis v. Clarke, No. 15-1500, holding that an Indian tribe’s sovereign immunity does not bar a suit against a tribe official or employee, in their individual capacity, for acts he...more

When You Want the Best Car Accident Attorney

by Howard Ankin on

The number of automobile accidents and the rates of injuries and fatalities are on the rise throughout the country. When a driver, passenger, or pedestrian are involved in an automobile accident, it is important to retain a...more

Products Liability in a Post-Tincher World: Appellate Court Upholds $55M Verdict Against American Honda Motor Co., Inc.

In American Honda Motor Co., Inc., v. Martinez, et. al., the Superior Court of Pennsylvania upheld the jury’s verdict and award of more than $55 million to Plaintiff Carlos Martinez, who was rendered a quadriplegic after he...more

The Supreme Court - April 26, 2017

by Dorsey & Whitney LLP on

Lewis v. Clarke, No. 15-1500: Petitioners Brian and Michelle Lewis were involved in an automobile accident with a limousine transporting patrons of the Mohegan Sun Casino, a casino operated by the Mohegan Tribal Gaming...more

E-Cigarettes, Distracted Driving, and Car Accidents

There are many forms of distracted driving (texting and driving being one that we are constantly discussing, due to its seriousness) and recently, another one was added to the list: e-cig’ing and driving. While it is not...more

Supreme Court Decides Coventry Health Care of Missouri, Inc. v. Nevils

by Faegre Baker Daniels on

On April 18, 2017, the Supreme Court of the United States decided Coventry Health Care of Missouri, Inc. v. Nevils, No. 16-149, holding that: 1) under the FEHBA (specifically, 5 U.S.C. § 8902(m)(1)), the provisions of a...more

Supreme Court says lawyer's referral of client to a doctor for treatment is attorney-client privileged communication, and out of...

The Florida Supreme Court declared that the attorney-client privilege shielded a motor vehicle accident plaintiff from being required to disclose that her attorney had referred her to a doctor for treatment. In Worley v....more

An Owner May Lend a Vehicle with a Valid Prohibition Against Lending It to a Third Party

by Field Law on

If you loan your vehicle to someone, can you impose a condition that they not lend it on to an unknown third party? In the decade since Mugford v. Weber, the law has been that owners cannot put conditions on their consent to...more

Tragedies on and off the silver screen: How to avoid costly workplace injuries

by FordHarrison on

Resident Evil: The Final Chapter is the title of a science fiction horror film that was recently released worldwide. The horror that occurred behind the scenes in the making of the movie rivaled the fictional onscreen terror....more

The California Edition of the Employment & Labor Newsletter - April 2017

by Wilson Elser on

Exceptions to California’s “Going and Coming” Rule - In Lynn v. Tatitlek Support Services, Inc., E063585, Super.Ct.No. CIVBS1200525, 2/22/17, the plaintiffs appealed a summary judgment at the California Court of Appeal...more

Vacation Accidents: What To Do When Injured on a Vacation in California

California is known as the Golden State thanks to its beautiful beaches, sunny weather, and tan, healthy residents. The Valley is a popular tourist destination, as it is just miles away from the coast of Malibu, wonderful...more

"Look Mom No Hands!" But Lots of Rules for AI Cars in California

by Lewitt Hackman on

You may have heard the news: An Uber Technologies Inc. autonomous vehicle was involved in an accident in Arizona. A human driver in a Honda CRV turning left at a yellow light hit the self-driving Volvo as it was crossing the...more

What to do when insurance companies insist on their case manager

by Michigan Auto Law on

An insurance company claim adjuster cannot override a car accident victim’s right to choose his or her own case manager. But that doesn’t mean some Michigan auto insurance companies won’t try to push hard to control an...more

Lunchtime car accident a matter for WSIB, not courts, WSIAT rules

by Dentons on

The Ontario Workplace Safety and Insurance Appeals Tribunal has ruled that an employee who was injured at lunchtime in a car accident was barred from suing the other driver in court.  Instead, he must go through the WSIB for...more

How Do I Know When I Need to Hire a Personal Injury Attorney?

Many innocent San Fernando Valley residents are injured in accidents that are not their fault but, for one reason or another, they fail to reach out to an experienced injury attorney to discuss their legal rights and...more

Are They Coming or Going? Employee Travel Can Trigger Workers’ Compensation Liability

As a general rule, an employee who is injured while commuting to or from work is not entitled to workers’ compensation benefits, as the injuries are not deemed to be “in the course and scope of employment” by virtue of the...more

Classic Car Accidents and Seat Belts

Woodland Hills Personal Injury Attorney Barry P. Goldberg sees all sorts of classic cars on the road in California, but how many do you think have seat belts? Are they required? Believe it or not, older vehicles may not...more

National Push for Speed Limit Increase a Bad Idea

by Michigan Auto Law on

Lawmakers who are pushing for speed limit increases nationwide aren’t listening to the research about how dangerous this is — as the combination of speed and distracted driving means more deaths on the road....more

8th Circuit Denies UIM Coverage Again Based Upon Mo. Supreme Court Decision in Rodriguez v. General Accident Insurance Company

by Williams Venker & Sanders on

For a third time in four years, the 8th Circuit has denied UIM coverage to an insured based upon the Missouri Supreme Court’s decision in Rodriguez v. General Accident Insurance Company of America, 808 S.W.2d 379 (Mo. banc...more

Eleventh Circuit Finds Insurance Carrier Responsible In Georgia For Harm Caused by Intoxicated Employee

by Seyfarth Shaw LLP on

In a recent Eleventh Circuit opinion, the Court found that the insurance carrier was responsible, under Georgia law, for the harm caused by an intoxicated employee’s vehicle usage. Great American Alliance Ins. Co. v....more

Road Traffic Injury

by Hassan Elhais on

Being involved in a road traffic accident can leave you with anything from whiplash and bruising to serious head and spinal injuries. If you are uncomfortable enough to be involved in a horrific road accident, which was not...more

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