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
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
As a motorcyclist for 30 years, I must admit I did my fair share of lane splitting: Bypassing most of the stalled traffic on the 101 by traversing the white, dashed lines – waving a thank you to the handful of four-wheeled...more
As I previously posted, in 2011 North Carolina became a Daubert state which raised the bar for the admissibility of expert testimony in NC state courts. In April of 2015, the NC Court of Appeals issued its first decision...more
It wasn’t too long ago that, down the shore, New Jersey hosted one of the most notorious litigation hellholes in the country. That’s not the case anymore, as the current (2014-15) ATRA Judicial Hellholes report explains in a...more
Geico Gen. Ins. Co. v. Gould, No. 14-10913, 2014 WL 7013971 (11th Cir. Dec. 15, 2014) (per curium).
The U.S. Court of Appeals for the Eleventh Circuit reversed a grant of summary judgment for an insurance company. It...more
When a biker is involved in a motorcycle accident in Chicago, their entire lives are often turned upside down. Due to the lack of protection that a bike offers to its driver, accident injuries are often severe for...more
Do California motorcyclists have to wear helmets? The answer is a resounding yes.
California Motorcycle Helmet Law -
In fact, California law (California Vehicle Code, Division 12, Chapter 5, Article 7, Section...more
All too often, Illinois residents encounter headlines involving motorists failing to stop for motorcyclists. A motorcycle accident in Chicago recently occurred, clearly unfolding the scenario once again. Two men were...more
In Elliott v. GEICO (No. C072129, filed 11/19/14), a California appeals court held that an explanation of benefits form supplied with a motorcycle policy did not become part of the policy or expand the statutorily authorized...more
There is an assumption that motorcycle riders disappear in the Fall and Winter months. It is true that when the weather begins to cool down, fewer motorcycle accidents normally occur in the northeastern United States. Unlike...more
As thrilling and freeing as it may be, let’s face it: Riding a motorcycle can be dangerous. Especially in Los Angeles and the San Fernando Valley, where road rage seems to be at an all-time high. As a motorcyclist, you...more
As many Los Angeles County residents have witnessed firsthand, motorcycle accidents are all too common. From the curves of Mulholland Drive to the Gridlock of the 405, motorcyclists and drivers compete for space on a...more
An employee’s motor scooter accident in her employer’s parking lot was a Workplace Safety and Insurance Board issue, so the employee was not entitled to sue the employer in the court, the Ontario Workplace Safety and...more
Studies have shown at the national level overall traffic fatalities have been declining year over year. For motorcyclists though, it's not such a rosy picture.
A report by the Governor’s Highway Safety Association or...more
A 30-year-old Costa Mesa man has died after colliding with a van driven by an unlicensed teen, according to a news report.
Even if you ride a motorcycle and have never been in an accident, it is likely that you know someone who has. Motorcyclists often blame the growing number of accidents on car drivers distracted by their cell phones, while car...more
A 27-year-old Santa Ana woman has been killed in a motorcycle crash on the 55 freeway, according to a news report.
The Seventh Circuit has a gift for lawyers looking to brush up on the Federal Rules of Evidence. It comes wrapped as last week’s decision in Jordan v. Binns, No. 11-2134 (7th Cir. Apr. 4, 2013), where the court examined...more
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