Car Accident

News & Analysis as of

Car Accident Deaths on the Rise

Despite more safety equipment in cars, car crash deaths are rising in California and across the country. Crash death rates have been on the rise since 2014, with California experiencing a frightening increase of 31%....more

Eleventh Circuit Affirms Judgment Notwithstanding the Verdict in UIM Bad Faith Case

On Friday, September 30, 2016, the Eleventh Circuit Court of Appeal affirmed a renewed motion for judgment as a matter of law that had been granted by the Middle District Court of Florida in a uninsured/underinsured motorist...more

SCOTUS to Decide if Sovereign Immunity of an Indian Tribe Bars Individual Damages Actions

The U.S. Supreme Court recently granted certiorari in Lewis v. Clarke. The Supreme Court will resolve a Circuit split about whether the sovereign immunity of an Indian Tribe bars individual-damages actions against tribal...more

Crash Augments Reality — Pokemon Lessons (Hopefully) Learned

In my previous blog, I discussed the perverse role new safe-driving technology plays in vehicles on the road today. In this blog, I discuss the dangers associated with what I call GWD (Gaming While Driving), specifically the...more

Supreme Court Update: Order List (9/26/16)

Greetings, Court fans! It's (still) the first Monday in October, which means the Supreme Court (and the Update) are back in action. Actually, The Eight dug in a bit last week, issuing cert grants from their September...more

Insurance Coverage – Cancellation of Policy and Bad Faith

Trent Mills v. AAA Northern California, Nevada & Utah Ins. Exchange - Court of Appeal, Third District (September 20, 2016) - Under Insurance Code § 1861.03(c)(1), an insurer has a statutory right to cancel an...more

Fifth District Appellate Court Reverses Defense Verdict, Remands for New Trial on Issue of Damages

Larry Claro v. Shirley Ann DeLong, 2016 IL App (5th) 150557 (August 31, 2016). The Fifth District Appellate Court recently reversed a St. Clair County jury verdict in favor of the defendant and remanded the case to the...more

Why You Need an Attorney for an Uninsured Motorist Claim.

Woodland Hills personal injury lawyer Barry P. Goldberg is considered the “go to” resource for all things “Uninsured and Underinsured Motorist.” In fact, Mr. Goldberg receives regular calls from lawyers throughout California...more

Five Common Injuries that Occur in Auto Accidents

According to statistics from the National Highway Traffic Safety Administration, there are five types of injuries that commonly occur from auto accidents. In Illinois accidents, an auto accident lawyer Chicago often...more

Court Upholds Cancellation for Failure to Exclude or Add Driver on Request as a “Substantial Increase in the Hazard Insured...

In Mills v. AAA Northern CA, NV and Utah Ins. Exch. (No. C072644, filed 9/20/16), a California appeals court held that an insurer’s cancellation of a personal auto policy was valid where based upon the insureds’ failure to...more

The Most Dangerous Days for DUI Crashes

Although a DUI crash can occur at anytime, some days of the year are riskier than others. Major spikes in the number of DUI crashes are seen during times of celebration; mainly surrounding holidays and during the summer...more

Colorado Supreme Court Limits Jurisdiction Over Manufacturers

The Colorado Supreme Court has joined a number of other federal and state courts in limiting the extent to which product manufacturers can be subjected to a state’s general personal jurisdiction, even when the manufacturer's...more

Respondeat Superior: An Employer’s Liability for Torts of Its Employees and “The Required Vehicle Exception.”

Woodland Hills personal injury lawyer Barry P. Goldberg is always looking for alternative sources of recovery, particularly in substantial injury and wrongful death cases. When the applicable bodily injury limits for the at...more

Was Your Accident Within the Scope of the Driver’s Employment?

Should you ever be involved in a personal injury accident, the parties that may be liable aren’t always apparent at first blush. For example, a common issue that presents itself in personal injury cases is an employer’s...more

DUI Defense Lawyer | DUI For a Busted Tail light?

How can they charge me with DUI when I was stopped for a busted tail light? Before becoming an Arizona DUI defense lawyer, I was a police officer for several years and received specialized training in DUI enforcement....more

Defence & Indemnity - August 2016: II. LIABILITY ISSUES #1

A. Reverse Onus Provisions of the Traffic Safety Act: Section 186 of the Traffic Safety Act applies over Section 185 in accidents involving a motorist and a non-motorist (such as a pedestrian or cyclist). Section 185 applies...more

A Conviction On A Traffic Violation Is Not Admissible To Establish Negligence In Ohio

Most traffic accidents result in a citation being issued to one party. Often times, the party cited does not vigorously defend the citation, as the citation is a minor issue with a limited penalty. The cost in time and...more

Injured in a Car Accident? Watch What You Post on Social Media

In 2016, it has become normal to post details about even the smallest details of your life on social media for many to see. A review of an average Facebook feed may include pictures of someone’s breakfast, lunch, and dinner,...more

Personal Injury – Auto – Damages and Stipulation as to Liability

Christ v. Schwartz - Court of Appeal, Fourth Appellate District (August 12, 2016) - In a personal injury action, a defendant may wish to stipulate to liability where there is no real dispute as to who was at fault...more

Look Out! Teen Drivers are Back on the Road in Force!

Woodland Hills car accident attorney Barry P. Goldberg has discovered what we already really know — Teen drivers are back on the road in force! Look out! As many families return from vacation and the school year gears up for...more

Back to School — Back to Accidents!

Woodland Hills personal injury lawyer Barry P. Goldberg has noticed a shift. Within about a week, kids and their families have gone from playing around the pool and enjoying popsicles to getting in the car and either...more

Accidents and Spinal Cord Injuries

Spinal cord injuries can be among the most life-threatening injuries caused by an auto accident. Our spinal cords carry vital and sensitive nerves that act as messengers along the “communication highway” that runs between our...more

Claimants’ Demand for Superfluous Wording In Release Does Not Excuse Insurer’s Failure to Accept Policy Limit Offer Within Time...

In Barickman v. Mercury Casualty Co. (No. B260833, filed 7/25/16, ord. pub. 8/15/16) a California appeals court affirmed a $3 million bad faith award against Mercury Casualty Co. based upon its failure to accept a policy...more

Application of Illinois Dead-Man’s Act Results in Summary Judgment for Defendant

Andice Peacock v. Kathleen Waldeck, Deceased, 2016 IL App (2d) 151043 (August 8, 2016). The Second District Appellate Court affirmed a trial court’s award of summary judgment in favor of a deceased defendant’s special...more

Work Zone Auto Accidents: Who’s At Fault?

These days, we can’t seem to drive a few feet in Woodland Hills without running into a construction site or construction truck. With all of the development around the Warner Center, it may be years before our roads are back...more

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