Governor Brown signed legislation that will increase the jurisdiction of small claims court
In July, Governor Brown signed legislation that will increase the jurisdiction of small claims court from $7,500 to $10,000 in most cases. This increase is set to take effect on January 1, 2012.
Until July 2015, the small claims court limit on bodily injury claims from automobile accidents will remain at $7,500 where there is liability insurance. The limit remains unchanged for car accident victims because of concerns from insurance companies that they may not be able to adequately defend their policyholders in small claims court. In addition, the current rule that prevents individuals from filing more than two claims per year above $2,500 in small claims court remains unchanged.
According to the author of the bill, the bill’s purpose is to make small claims courts more accessible to individuals with a smaller amount of damages. In many instances, cases filed in small claims courts will settle for the small claims limit, and by increasing that limit the court will become open to more litigants who may not wish to pursue their cases in a higher court.
Some legal experts worry that increasing the small claims limit will increase litigation, but the number of small claims lawsuits remained flat after the last increase in 2005, and overall the number of small claims suits has dropped over the last ten years.
Have you suffered injuries or had your property damaged in an accident in Southern California? Do you think small claims court may be the right option for your case? Contact Donald Sjaarda, Orange County accident attorney, at 714-963-8216 for advice on your legal options.
Tragic accidents remind us of the dangers that other vehicles pose to motorcyclists
Tragically, three motorcyclists were killed in two separate accidents involving large trucks in Los Angeles in a week. These accidents illustrate the dangers that large trucks and other heavy vehicles can pose to motorcyclists.
The first accident occurred on October 23 during the annual charity “Love Ride”, which is a motorcycle charity event to raise money for autism. A motorcyclist and his passenger were on the I-5 northbound near Pacoima when they were hit by the trailer on a big rig. They were pronounced dead at the scene by L.A. paramedics.
The second accident occurred on the 405 freeway in Westwood. A motorcyclist was driving between 20 and 25 miles an hour when a tractor trailer collided with him, knocking him into the rear of a Toyota Corolla. He was pronounced dead at the scene about 30 minutes after the accident occurred.
These tragic accidents remind us of the dangers that other vehicles, particularly large vehicles, pose to motorcyclists. Drivers of large vehicles may have more trouble seeing motorcyclists than other vehicles on the roads. It’s so important that drivers be alert and aware of the fact that there are many motorcycles on the roads in southern California. It’s especially important for drivers to be vigilant during lane changes, which is when both of these accidents occurred.
Have you been the victim of a motorcycle crash in California? Has a loved one been killed by a negligent driver? If so, contact Don Sjaarda, California motorcycle accident attorney at 714-963-8216 to explore your legal options.
Texting and driving is becoming a dangerous epidemic in the United States
The National Highway Traffic Safety Administration is joining forces with the State Attorneys General and Consumer Protection Agencies and the Ad Council to launch a new national campaign aimed at warning younger drivers of the hazards of texting while driving. The campaign will include TV, radio, and outdoor signs, as well as Facebook, Twitter and YouTube channels. All ads will direct audiences to
www.stoptextsstopwrecks.org.
A recently released survey from the Ad Council shows that texting and driving is becoming a dangerous epidemic in the United States. According to the NHTSA, distracted driving is now the number one killer of American teens. Eight-two percent of young drivers (ages 16 – 24) have read a text message while driving. Sixteen percent of all drivers younger than 20 in fatal crashes have reportedly been distracted while driving. A driver who is texting is 23 times more likely to get into a crash than a non-texting driver.
The new ad campaign is designed to get the message through to young drivers that texting while driving can be as dangerous as drinking and driving. In fact, research has shown that using a cell phone can delay a driver’s reaction times as much as having a blood alcohol concentration of .08, or the same amount as required to be legally drunk. Previous ad campaigns that have been successful have targeted buckling up and the dangers of drinking and driving, and promoters of this campaign are hoping it will be as successful about changing the behaviors of young drivers as the other campaigns.
Have you been involved in an accident because another driver was either texting or engaging in another distracting behavior? If so, you have legal rights against that driver. If you are in California, contact Donald Sjaarda, Orange County automobile accident attorney, at 714-963-8216.
If you are involved in an automobile or other type of accident, and you begin working with an insurance company, the insurance company may offer you a settlement. You may be excited about the money, and it can be very tempting to accept the offer without consulting with an attorney. You may believe that the attorney will take a huge portion of your settlement. You may also think that you either have to accept the settlement or go to court.
However, if you find yourself in this situation, keep in mind that the friendly insurance adjuster with whom you are working is not actually your friend. The insurance adjuster and the insurance company’s attorneys are paid by the insurance company to save money for the insurance company. Those individuals have been trained in how to make your offer appear to be very appealing. And an offer for thousands of dollars could be very welcome, especially if you are facing medical bills and have taken time off from work.
However, you should remember that once you accept a settlement, that amount covers all past and future medical bills, loss of earnings, and pain and suffering damages. You don’t know now what kind of medical problems stemming from your accident could arise in the future.
Before signing anything, you should consult with a qualified personal injury attorney. Unless you are making a claim against your own insurance company, you do not need to sign papers allowing the insurance adjuster to talk to your doctors or your employer, or to copy your past medical and employment records.
It is important to consult with an attorney promptly to get help preserving the evidence you will need if the insurance company does not make a fair offer and you have to prove your case to a judge or a jury. With time, evidence will be lost, videotapes will be overwritten, vehicles will be repaired and witnesses may become unavailable.
Your attorney should know what types of settlements are typical in cases such as yours. There are a myriad of factors that go into determining a settlement amount, and your attorney is trained to recognize whether what appears to be a good settlement actually is or not. Your attorney is also trained at negotiating with insurance companies, and could increase your settlement without going to court.
If you have been injured in an accident, you need a knowledgeable advocate who will fight for your rights. If you are in California, contact Don Sjaarda, personal injury attorney, at 714-963-8216 to analyze your case and advise you on the best course of action.
The CHP displays “Share the road – Look twice for motorcyclists” to increase awareness of motorcycles on the roads
The California Highway Patrol’s two year initiative “Look Twice, Save a Life”, which was designed to increase awareness of motorcycles on the roads, has been successful according to recently released traffic statistics. The program was federally funded and put a large emphasis on the “Share the Road” message.
In order to increase the public’s awareness of motorcycles on the roads, the California Highway Patrol held presentations as well as several motorcycle safety enforcement operations. The CHP also displayed “Share the road – Look twice for motorcyclists” on highway signs across California repeatedly throughout the two year program.
Initial analysis of the program shows encouraging results. The number of collisions involving motorcycles in California is starting to decline. Early figures show that in 2010, the number of people killed in motorcycle collisions was down nine percent from 2009. Injuries appear to be down as well – preliminary results show that the number of people injured in collisions involving motorcycles is down 8.5 percent from 2009.
While these results are encouraging, according to the CHP, more needs to be done to alert the public to the presence of motorcycles on the roads. Many motorcycle accidents occur because automobile drivers simply fail to notice motorcycles. Motorcyclists can help by using high-beam headlights, wearing reflective or light colored clothing, and avoiding riding in car or truck blind spots.
Have you been involved in a motorcycle collision due to the negligence of another driver? If so, that driver can be held legally responsible for your medical expenses, lost wages, and pain and suffering. Call Orange County, California motorcycle attorney Don Sjaarda to learn more about your legal rights at 714-963-8216.
Motorcycle lawsuits in Southern California take between 12 and 18 months on average
If the person responsible for your
motorcycle accident has insurance, before any settlement offer, an insurance adjuster will gather required documentation involving the accident and any injuries you suffered, as well as itemized expenses you have incurred. Those records typically include traffic collision reports, witness statements, medical records, past and future medical expenses, evidence of lost wages, and any documentation involving permanent injuries suffered in the motorcycle accident.
After receiving the required documentation, the insurance company will make a liability determination and have the medical records reviewed. The adjuster will often enter the data into a proprietary computer program for an initial valuation. Many insurance companies require adjusters to submit requests for authority to a supervisor or they may send the claim to a round table review by other claims personnel. Once a settlement range is established, the adjuster will make a settlement offer. The time allowed for the insurance company’s response to a claim is governed by the California Fair Claims Settlement Practices Act and is 40 days from their receipt of the claim, which may be extended by written notice.
If the offer is acceptable, the case is over. All you will need to do is sign a release and receive a check from the insurance company. However, if the settlement offer is unacceptable, which is common, your attorney will need to negotiate on your behalf. This could take weeks or months. If negotiations do not lead to an acceptable offer you may initiate a lawsuit against the responsible party or pursue a lawsuit you have already filed.
If your motorcycle accident case involves a lawsuit, it could take a significant amount of time. On average, cases in Southern California take between 12 and 18 months after filing to get to trial. This will vary from one county to another. After you file your lawsuit, both sides will investigate the claims and prepare for trial in a process called discovery. Discovery includes taking depositions from all parties involved, taking depositions of all witnesses, exchanging written information, obtaining records by subpoena, and party-initiated medical examinations. At this point, the parties may enter into arbitration, mediation or further settlement negotiations.
If the case is not resolved, expert witness discovery will come next. This includes the identification and examination by deposition of the medical and scientific experts that each side intends to call at trial. The trial date is set by the court and may be continued from date to date as required by the needs of the court or the parties.
The trial is your chance to tell your story to a jury of your peers. Depending on the complexity of your case, this may take days, weeks or months. Everyone has an opinion on the value of a case but only a trial can give the parties the judgment of the community. After the trial both sides may make motions for a new trial based on error or appeal to a higher court. For most cases, though, the trial provides the final judgment the parties seek.
Have you been involved in a motorcycle accident in California that was caused by another driver’s negligence? If so, contact California motorcycle accident attorney Don Sjaarda at 714-963-8216 to learn more.
Almost every week in the United States, new products are being recalled.
Millions of Americans have been injured because of poorly designed or manufactured products. Their injuries range from very minor to deadly. When dangerous or defective products are sold, and those products cause harm to people or property, the manufacturers, retailers and wholesalers who manufactured or sold those products can be held liable.
It can be challenging to keep up with product recalls. Almost every week in the United States, new products are being recalled. Those products include dangerous vehicles, unsafe household appliances, tainted drugs, products containing asbestos, exposed window covering cords, dangerous cribs and flammable clothing that cause serious injuries. You can keep up with the latest product recalls, to protect yourself and your family from injury or sickness caused by a defective product, contaminated food or drugs.
In the U.S, the U.S. Consumer Product Safety Commission is in charge of protecting the public from dangerous consumer products. The CPSC maintains a database of complaints from consumers about products, and it alerts the public when a dangerous product is discovered. At the CPSC’s website, you can sign up for free emails that are related to safety news and recalls. The website also has a library of consumer product safety reports that can be invaluable if you are considering making a purchase.
Although manufacturers and retailers are responsible for making and distributing safe products, they often fail in their responsibility and are slow in notifying the public. Be aware and keep your family safe. If you or your loved ones have been seriously injured by a defective product in California, contact Don Sjaarda, Orange County personal injury attorney, at 714-963-8216.
There are steps you can take to avoid becoming an enraged driver, as well as to avoid causing other drivers to become angry with you
A northern California crash that occurred this week may be due to road rage, according to the California Highway Patrol. The wreck involved a Volkswagen Jetta and a Ford Explorer, which collided in the fast lane on Highway 101 in Novato.
The drivers were reportedly showing signs of aggressiveness towards one another, and one driver allegedly applied his brakes too hard after passing the other car. The Ford rolled over and came to rest on its side on the freeway. The Jetta also had serious damage. Both drivers were transported to the hospital with non-life threatening injuries.
It seems that many California drivers have become more aggressive and even hostile when they drive. It can at times be challenging not to develop a case of road rage. However, there are steps you can take to both avoid becoming an enraged driver, as well as to avoid causing other drivers to become angry with you.
To avoid developing a case of road rage, it’s important to get lots of rest before long road trips. Don’t drive if you are very sleepy – instead, pull over and take a break. Driving while drowsy can lead to unclear thinking and a case of road rage. It’s also important to try to remain calm and peaceful while driving. Don’t engage with an aggressive driver – instead, stay away from that vehicle and try to avoid making eye contact with the driver.
If you are concerned with enraging other drivers, there are a few specific behaviors to avoid, which are the most common causes of road rage. First, don’t drive too slowly, particularly if you are in the left lane. Drivers who are in a hurry, worried about being late, or just acting out their aggression on the road are likely to become angry if they are unable to pass because of a slow driver in the wrong lane. Also, don’t tailgate – not only is it unsafe, but it makes other drivers angry. Finally, don’t cut off other drivers. Make sure you have plenty of room to merge into traffic and use your turn signal before merging.
Road rage is an unfortunate but not uncommon phenomenon on today’s roads. If you have been seriously injured in an accident that you believe was caused by another driver’s road rage, contact Orange County personal injury attorney Don Sjaarda at 714-963-8216.
Rollover accidents make up 35 percent of all car accident fatalities
Rollover accidents are accidents in which the vehicle either turns on its roof or side. According to some statistics, rollover accidents make up 35 percent of all car accident fatalities.
Higher vehicles are more likely to roll over than other vehicles. Statistics show that rollover accidents are common among trucks and SUVs, which have a higher center of gravity than many other types of passenger vehicles. Experts have recommended that SUV manufacturers lower the center of gravity of their vehicles as well as widen the wheel track. In some instances, weak roofs and support structures fail in rollover crashes. Excessive roof crush may cause the direct impact of occupants’ heads with the roof, which could result in traumatic brain injury, spinal fractures, quadriplegia or death.
If you are concerned about having a rollover accident, there are some precautions you can take. First, consider choosing a vehicle that is less likely to roll over. Make sure your vehicle has electronic stability control. Electronic stability control uses a computer to help a driver maintain control in dangerous situations when it could leave the road. By 2012, federal regulations will require all new cars, trucks, minivans and SUVs to be equipped with electronic stability control. In addition, some vehicles come equipped with rollover air bags, which can protect riders during a rollover crash.
There are also other choices you can make to avoid rollover crashes. Don’t speed – many rollover crashes involve excessive speed. Use care while making tight or off-camber turns. Be cautious while driving on rural roads, which are where almost three-quarters of rollover crashes occur. Maintain your tires – improperly inflated tires can be dangerous because they affect the ability to keep control of the vehicle. Be sure to load your vehicle properly. A load placed on a roof will raise your vehicle’s center of gravity and increase it’s chances of rolling over. Finally, of course, always wear your seatbelt. Seatbelts can help to reduce the chance of serious injury in most accidents, particularly in rollovers.
Have you been involved in a rollover accident? Was that accident due to the fault of another driver or the vehicle’s manufacturer? If so, you may have a legal case against the responsible party. Contact Orange county rollover accident attorney Don Sjaarda at 714-963-8216 to learn more about your legal options.
it can be difficult to determine liability in accidents involving taxi cabs or other common carriers.
Taxi accidents in southern California are not uncommon. When an accident caused by a taxi occurs, it can be confusing to figure out who is legally responsible for the damages.
Taxi companies, as well as airlines, bus companies, passenger trains, and others who transport passengers in exchange for money are considered common carriers. Under the law, common carriers must use the utmost care and diligence for the safety of their passengers. In many instances, taxi companies can be held liable for the negligent actions of their drivers, especially if it can be proven that the company used poor judgment in hiring the driver. Some examples of a company using poor judgment in hiring a driver would be if the company knows or should have known that the driver had a poor driving record or a history of drug use, but hired the driver anyway.
In many accidents involving taxi cabs or other common carriers, it can be difficult to determine liability. In some cases, taxi drivers own their own cabs. If so, the drivers are solely responsible for the damages in an accident. At times, taxi drivers rent their cabs from the cab company. In that situation, both the driver and the company can be held liable. In still other cases, the taxi companies own the cabs and simply hire the drivers. In that situation, the cab companies are liable for the actions of the driver. In still other instances, the accident was caused by the actions of another driver or a defect with the cab itself. In those cases, another party could be held liable.
Have you been involved in a taxi accident or other accident involving a common carrier in southern California? If so, call Orange County taxi accident attorney Don Sjaarda at 714-963-8216. He will help you determine which party is responsible, and to hold that party accountable for your injuries.
