Car Accident

News & Analysis as of

Labor Day Weekend and Drunk Driving Accidents

For many, the upcoming weekend signals the end of the summer. For others, Labor Day Weekend is the perfect reason for a three day party. In a community like the San Fernando Valley, where public transportation is not the...more

Distracted Driving and the Liability of Remote Texters

It’s common sense that driving while distracted is a dangerous combination. From sending text messages to talking on a cell phone, distracted driving caused by the use of cell phones and tablets is responsible for thousands...more

Some Lessons From Berg v. Nationwide Mut. Ins. Co.

On July 22, 2015, the Pennsylvania trial court in Berg v. Nationwide Mut. Ins. Co., Civ. Action No. 98-813 (Pa. Common Pleas, Jul. 22, 2015) filed a supplemental opinion under Pa. R.A.P. 1925(a) in connection with the appeal...more

Virginia Supreme Court Decides Punitive Damages Case

In the recent case of Cain v. Lee, the Virginia Supreme Court determined that the Circuit Court for the County of Stafford erred when it granted a jury instruction that provided that “punitive damages are generally not...more

One Business Day Delay In Delivering Settlement Check Costs Insurer $1.1 Million

A South Carolina federal district court judge has ordered that Nationwide must pay an accident victim $1.1 million, in excess of the $50,000 Nationwide policy, as a result of Nationwide’s failure to timely respond to a...more

Dangerous Condition, Dangerous Precedent: California Supreme Court Expands Scope of Dangerous Condition Liability Involving Third...

In Cordova v. City of Los Angeles (filed 8/13/15, Case No. S208130), the California Supreme Court held a government entity is not categorically immune from liability where the plaintiff alleges a dangerous condition of public...more

California Supreme Court More Liberally Defines a “Dangerous Condition” of Public Property

Woodland Hills personal injury attorney Barry P. Goldberg id careful about lawsuits and claims involving alleged dangerous conditions of public property. Proving a “dangerous condition” is not always easy even if the...more

Insurance Recovery Law - August 2015

Insured's Notice to Broker Satisfied Policy Requirements, Illinois Court Rules - Why it matters: An insured's notice to its broker satisfied the policy's notice requirements, an Illinois appellate panel recently...more

When is a Car Driver Responsible for a Mechanical Malfunction in an Accident?

Some auto accidents tied to vehicle malfunction might be the fault of the manufacturer or mechanic. Drivers too might be at fault for poor maintenance. By far, the number one cause of car accidents in Illinois are drivers who...more

Bad Faith Sentinel - July 2015

Eighth Circuit: No Bad Faith Where Insured Failed to Make a Sufficient Demand and Insurer Refused to Entertain Settlement Offer Prior to Completing Investigation - Purscell v. Tico Ins. Co., No. 13-2362, 2015 WL 3855253...more

Can Health-Compromised Drivers Be Held Responsible for Causing an Accident?

There are many scenarios by which the owner of a vehicle can be held negligent and therefore responsible for a motor vehicle accident when in fact that person was not driving the car. If, for example, the vehicle owner...more

When Are Drivers Responsible for Bicyclists’ Bad Driving?

Both motorists and bicyclists make mistakes in traffic, but a cyclist is much more likely to be injured. Determining fault and liability are essential to both parties. Almost 60 percent of all bicycle crashes involve the...more

Third Circuit Court of Appeals Predicts That Pennsylvania Supreme Court Would Prevent an Insured from Recovering Punitive Damages...

Wolfe v. Allstate Prop. & Cas. Ins. Co., No. 12-4450, 2015 WL 3634779 (3d Cir. June 12, 2015). The Third Circuit Court of Appeals holds that evidence of punitive damages award against insured in underlying suit was not...more

How Driver Negligence in an Accident Lawsuit is Determined in Court

What is negligence? In any auto, truck, bus or other kinds of on-road collision, it is an act or failure to act that causes an accident. Negligence is failure to follow the rules of the road, which might include running a...more

Eighth Circuit: No Bad Faith Where Insured Failed to Make a Sufficient Demand and Insurer Refused to Entertain Settlement Offer...

Purscell v. Tico Ins. Co., No. 13-2362, 2015 WL 3855253 (8th Cir. June 22, 2015). Court holds it was not bad faith for insurer to pursue investigation into underlying lawsuit before considering settlement...more

Is My Car a Total Loss? Do I Have a Choice in the Decision?

Woodland Hills Personal injury lawyer Barry P. Goldberg encounters this “total loss” dance in every car accident case where there is significant property damage. In most cases, the client wants the car “totaled” so he or she...more

Can I Recover for My Injuries If I Was Partially At Fault for the Accident?

Since the mid-1970s, California has adhered to the rules of “comparative negligence” when determining who is at fault for auto accidents and multi-car accidents in Woodland Hills when more than one party may be to blame....more

Vehicle Passenger May Be Liable for Influencing or Encouraging Driver’s Conduct That Results in Harm to a Third Party

Miriam Navarrete, et al. v. Hayley Meyer - California Court of Appeal, Fourth Appellate District (June 22, 2015) - The California Fourth Appellate District reversed the trial court’s summary judgement in favor of...more

Is the Employer of the Person Who Caused My Car Accident Liable?

Were you recently injured in an auto accident in Woodland Hills? Sometimes, the parties who may be ‘at fault’ are not always apparent at first glance. This means that you may be able to file a claim against more than one...more

Construction-Related Auto Accidents

As any driver in Southern California can attest, our roads and highways are always “under repair”. While these construction zones not only slow down traffic, adding to your already slow drive home from work, they can also be...more

Proper Measure of Medical Damages, Admissibility Of Evidence, and Sufficiency of Evidence in Tort Cases Involving an Uninsured...

Omar Bermudez v. Faith Ciolek - Court of Appeal, Fourth Appellate District (June 22, 2015) - Issues that remained unanswered after the Howell and Corenbaum decisions included: (1) what is the proper measure of...more

What is a Brachial Plexus Injury?

Were you recently injured in a car accident only to find that your fingers are tingling or numb? An injury which causes trauma to the nerves in the neck can result in a brachial plexus injury. Injuries to the brachial plexus...more

Steps to Take After Being Involved in a Car Accident in Woodland Hills

Being involved in an auto accident is often a disorienting, stressful event, especially when you are not at fault. Fear and anxiety are natural under such circumstances, but it helps to stay as calm as possible....more

When an Accident Results in a Spinal Cord Injury

Spinal cord injuries can be among the most serious form of injuries caused by a Woodland Hills auto accident. Your spinal cord carries is your body’s “communication highway” and its vital, sensitive nerves act as messengers...more

CA Laws Pertaining to Texting and Driving

The number of auto accidents in the San Fernanda Valley that are caused by distracted driving has jumped in recent years, fueled primarily from an increase of drivers who attempt to text or use their cell phones while...more

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