News & Analysis as of

Car Accident

Mistake #1 about Michigan No Fault replacement services

by Michigan Auto Law on

Be warned — submitting false replacement services forms will forfeit a car crash victim from receiving Michigan auto No Fault benefits. I’ve represented several hundred Michigan car crash victims in my 22 years as an auto...more

Michele Molinario and Justin Ackerman Obtain Summary Judgment On Roadway Design Case

On April 22, 2013, a traffic accident occurred at a rural Intersection in Yuma County, Arizona. The Intersection was equipped with STOP signs and flashing warning signs that controlled eastbound and westbound traffic along...more

Mistakes to Avoid After a Car Accident in Woodland Hills

Car accidents can cause major injuries, such as paralysis, broken bones, punctured organs, and traumatic brain injuries (TBI). More on the subject of brain injuries here. Additionally, car accidents can also cause soft tissue...more

The Challenges of Concussion Diagnosis, Prognosis and Treatment: The Most Complicated Disease of the Most Complex Organ of the...

by Downs Rachlin Martin PLLC on

A review published in the September 2017 issue of Frontiers in Neurology proposes use of “systems science” to better understand concussion diagnosis and prognosis. This is a discipline that analyzes complex problems as whole...more

Traffic Light Outages Causing Accidents.

Woodland Hills car accident lawyer Barry P. Goldberg is regularly consulted about auto accidents which occur at intersections where the lights went out, for some reason. While public entities, like Cities, are generally...more

What To Do If You’ve Suffered a Brain Injury

One of the scarier types of injuries following an auto accident are traumatic brain injuries, or TBIs. A TBI is a form of brain injury caused by sudden damage to the brain. According to the CDC, the leading causes of TBI...more

“Going and Coming” Rule Withstands Special Errand Exception In Application To A Supervisory Employee Independent Conduct

by Selman Breitman LLP on

In Morales-Simental v. Genentech, Inc. (A145865) the California Court of Appeal upheld the “going and coming” rule which provides an employee commuting to or from work is generally outside the scope of employment, and thus...more

Should You Mediate Your Uninsured or Underinsured Motorist Case?

Woodland Hills car accident lawyer Barry P. Goldberg is an expert on all things “Uninsured” and “Underinsured” Motorist in California. Mr. Goldberg frequently gets calls from other personal injury attorneys seeking “the...more

California Court Declines to Accept Broad Exception To Going & Coming Rule

In Morales-Simental v. Genentech, Inc. (A145865, filed 9/22/17, publication order 10/19/17), the California Court of Appeal, First Appellate District rejected the plaintiffs’ broad interpretation of the “special errand”...more

UIM Coverage - A Brief Look at Meaningful Offers and a Discovery Lesson

by Nexsen Pruet, PLLC on

An automobile insurance carrier in South Carolina must offer underinsured motorist coverage (UIM), at the option of the insured, up to the limits of the insured liability coverage. If the insurer fails to make a meaningful...more

Indiana Court of Appeals Determines Vehicles that are Denied Coverage are "Uninsured"

by Reminger Co., LPA on

Ruling on an issue of first impression, the Indiana Court of Appeals recently found that a vehicle that is insured but is denied coverage after an accident is considered uninsured under Indiana Code 27-7-5-4(a)....more

Personal Injury Claims and Contingency Fees

If you’ve been hurt in a Woodland Hills accident that was not your fault, you may be wondering how much money the insurance company will give you for your injuries. The truthful answer? Not as much as you deserve. That is why...more

Insurance Claims and Autonomous Vehicles

by Bryan Cave on

The adoption of autonomous vehicles will have profound legal consequences for insurance claims and liability laws. As vehicles with increasingly sophisticated autonomous driving capabilities proliferate, industry experts...more

eDiscovery Includes Electronic Vehicle Data and Possible Sanctions for Spoliation

Discovery of relevant material extends far beyond documents created on personal computers. Discoverable data exists in many forms, including electronic data found in vehicles such as tractors used for tractor-trailers. This...more

Transportation Company Policies & Procedures for Retention of Electronic Control Module Data

by Wilson Elser on

On September 11, 2017, the U.S. District Court, Northern District of Alabama issued an opinion in Barry v. Big M Transp., Inc., Case No. 16-CV-00167, that addresses when, and what type of, sanctions are warranted when a...more

How do Personal Injury Attorneys Avoid Motor Vehicle Accidents?

Woodland Hills personal injury attorney Barry P. Goldberg knows that getting in an accident is a very unwanted inconvenience. Worse, an accident is very dangerous and can cost thousands of unwanted and unwelcome bills. ...more

Lane Splitting and Motorcycle Accidents in California

Last year, California became the first state in the nation to allow lane-splitting for motorcycle riders, a practice that had long be legal in many countries in Europe and Asia. Lane splitting, also sometimes called lane...more

Why Sitting in Back Isn’t So Safe

by Howard Ankin on

In a car crash, sitting in the back seat can be more dangerous than sitting in the front seat. Recent studies show that backseat passengers are 46 percent more likely to die in motor vehicle accidents than front seat drivers...more

When Criminal Defense Cases and Personal Injury Claims Collide!

Woodland Hills personal injury attorney Barry P. Goldberg is fortunate to associate with top legal and financial professionals. The question often arises about what happens when there is BOTH a criminal and personal injury...more

Duggan, Leonard Michigan No Fault PIP Cap is $25K — not the $250K they promise

by Michigan Auto Law on

Detroit Mayor Mike Duggan Repeat after me: There is no $250,000 cap on No Fault car insurance under Detroit Mayor Mike Duggan’s and Tom Leonard’s new No Fault reform plan that was announced yesterday....more

Should We Say Car Crash or Car Accident? The Language We Use to Classify Auto Collisions can be Important

Personal injury lawyers discuss the language we use to talk about traffic collisions, and whether it makes a difference if we say “accident” or “crash.” It is important for drivers to know the risks of negligence on the road...more

Was the Guy who hit you on a “Special Errand” for his Employer?

Woodland Hills personal injury attorney Barry P. Goldberg analyzes serious car accident cases on a daily basis. Often, the issue is not whether the defendant was at fault or whether the plaintiff was seriously injured. ...more

Maryland’s New Enhanced Underinsured Motorist Coverage Law: How it will affect consumers, producers and insurance companies

by Pessin Katz Law, P.A. on

In 1975, Maryland, recognizing the importance of protecting victims of uninsured or underinsured motorists, began requiring that every private automobile insurance policy issued, sold or delivered in Maryland contain...more

Despite No Allegations of Bad Faith or Tortious Conduct, Liberty Mutual Owes Millions for Breaching the Duty to Defend

by Carlton Fields on

In Hyland v. Liberty Mutual Fire Ins. Co., No. 1:15-cv-01264-JES-JEH, 2017 WL 3388161 (C.D. Ill. Aug. 7, 2017), the U.S. District Court for the Central District of Illinois granted plaintiff’s motion for summary judgment for...more

Who’s Acting In Bad Faith Now? Federal Court Slams Policyholder’s Counsel on Fee Petition

Plaintiff Bernie Clemens was injured in a motor vehicle accident in August 2009. Clemens’ attorney helped him recover $25,000 in a supplementary underinsured motorist (SUM) claim, and then sued Clemens’ insurer under...more

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