Sacramento Injury Attorney Blog

Bakersfield news reports that a former substance abuse counselor was arrested on DUI charges after a drunk driving accident. According to the news, Jessica Woodward slammed her car into the back of a California Highway Patrol vehicle while the officers were performing a traffic stop. The driver and the two officers all received injuries and were treated at local hospitals.

If you have been injured in a drunk driving accident, it is important to contact a Sacramento drunk driving accident lawyer to provide advice concerning your next steps.

Drunk driving is one of the leading causes of car crashes in the United States - representing 40% of the total traffic deaths. On average, a drunk driving accident occurs every 30 minutes, putting all California drivers at risk.

If you suffer injuries as the result of a DUI crash, the drunk driver may be liable for civil damages in addition to facing criminal charges. If you are injured by a drunk driver, an experienced Sacramento personal injury attorney can help you recover compensation for medical bills, physical pain, lost wages, emotional distress and loss of enjoyment. If the damages are permanent, you may also recover damages required for future care, economic loss and mental anguish.

Here, the police officers were the victims - injured when the drunk driver hit their vehicle. Criminal charges were filed - it is unknown whether the officers will seek to recover civil damages as well.

Continue reading "Drunk Driving Accident Injures CHP Officers" »

In a significant California Supreme Court case, Howell v. Hamilton Meats & Provisions, the court determined that personal injury victims, such as those injured in car accidents, medical malpractice and bicycle accidents, are not entitled to receive more in compensation for medical costs than the insurance company pays the health care provider.

Many consider this decision a victory for insurance companies because it denies accident victims the full cost of their medical care - and what their injury is worth - instead paying those injured the value of the negotiated rate between an insurance company and the particular medical provider. If you have suffered any type of personal injury, contact an experienced Sacramento accident lawyer to discuss you next steps and determine what this decision may mean for you.

In Howell v. Hamilton Meats, a San Diego woman - Rebecca Howell - was injured in a car/ truck accident when an employee driving Hamilton Meats' truck illegally turned in front of her, causing a car accident. As a result of the incident, Howell sustained serious injuries requiring surgery and significant medical costs.

Hamilton Meats accepted responsibility for the accident and conceded liability as well as the need for the medical treatment Howell received. However, the meat company objected to the amount of money the jury awarded Howell. The jury awarded Howell the full amount of her medical costs, even though this amount had been discounted based on negotiations between her health care providers - including the physicians who treated her and Scripps Memorial Hospital - and her preferred provider organization (PPO) policy. The defense argued that because of the favorable agreements, Howell was not entitled to the larger balance of the original bills but only to an amount adjusted downward to reflect the agreed amount.

The trial court then reduced the jury award to reflect the actual amount the medical providers accepted as payment. On appeal, the Court of Appeals determined that the reduction was improper and violated the "collateral source" rule which provides that "payment made to or benefit conferred on the injured party from other sources are not credited against the defendant's liability." In other words, in situations such as here where Hamilton Meats' liability is established, a negligent party should not benefit from the favorable negotiations between third parties.

Continue reading "California Supreme Court Determines Accident Victims Only Entitled To Amount Paid By Insurance In Howell v. Hamilton Meats & Provisions, Inc." »

Generally, if you've been hurt on the job California worker's compensation determines your right to recover. However, in some cases a tort remedy (i.e. filing a civil lawsuit) may be available. Other times, both types of claims may be filed. Consulting with a Sacramento worker's compensation lawyer is the best way to determine your next steps and your best options to obtain compensation when you've been injured.

On the job injuries include a variety of situations, from obvious injuries requiring medical care - such as head and brain injuries, back injuries and slips and falls - to diseases acquired from working around toxic substances such as asbestos and conditions that develop as the result of repeated strain or continuous trauma.

Where workers' compensation provides recovery to victims of work place accidents, you may be able to recover medical costs, lost income, expenses related to vocational training, permanent disability compensation and death benefits. A recent California worker's compensation case reviewed just how damages from work place injuries should be measured. Specifically, it evaluated how cost of living adjustments (COLAs) should be determined. This is a significant decision because it determines whether payments are measured prospectively from January 1st of the first year after a worker is injured or retroactively to January 1st after the year in which a worked is injured.

Here, a worker was injured in 2004 and asserted that his weekly payment should be adjusted based on his injury date. The appeals court agreed. However, the California Supreme Court overturned this decision. The Court reasoned that COLAs are intended to be "calculated and applied prospectively commencing from January 1st following the date on which the injured worker first becomes entitled to receive, and actually begins receiving such benefit payments."

Workers' compensation laws are complex and can be very confusing. An experienced Sacramento workplace accident lawyer can evaluate your circumstance and determine whether alternative avenues to compensation exist. Because recovery of damages may be limited in a worker's compensation case, filing a tort claim may provide an opportunity for greater recovery.

Continue reading "California Worker's Compensation - California Supreme Court Reviews Cost Of Living Adjustments In Christine Baker as Administrator v. Workers' Compensation Appeals Board and X.S. " »

In a recent case out of Alameda County of Alameda, Lopez v. County of Alameda, the family of a mother who was fatally killed in a pedestrian/truck accident will receive a $2.65 million settlement. In 2007 the woman, along with her husband and children, were jogging along the shoulder of Patterson Pass Road, when the driver, Luis Quezada, of a truck lost control on a curve and fatally struck Lopez. The family sued both the trucking company who employed Quezada and the county, alleging that poor roadway design contributed to the accident.

If you or a loved one has been in a serious accident or suffered a wrongful death, it is important to contact an experienced Sacramento personal injury lawyer as soon as possible to discuss your case.

Here, as is common in many injury lawsuits, many factors were involved. First, issues of driver liability - was the driver reckless or careless? Also, was the truck company responsible at all? Many times the company that employs a driver who acts negligently may be held liable as well. Additionally poor roadway design can contribute to creating a dangerous environment. Examples include where pedestrians lack a safe passageway or where insufficient signage exists, a county or other governmental body may be held responsible.

Continue reading "Parties to Pay Family Of Jogger Fatally Struck By Truck $2.65 Million " »