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Products Liability Articles by GoLaw.com

Have you been injured by a defective product? GoLaw.com is here to hep you find an Accident Injury Attorney near you. Read our Products Liability Articles to get more information. If you have any questions, call 530-674-1440 to get a Free Legal Consultation.

The following BLOGs may be helpful to you in researching your Product Liability case:

Products Liability Articles

Breach of Warranty

Products liability law covers personal injury and property damage that occurs when a defective product is used. A product is defective if its design makes it dangerous, if it was improperly manufactured or if the manufacturer failed to warn of the product's dangers. You may be able to recover damages if you are injured while using a defective product. There are three theories of products liability: strict liability, negligence, and breach of warranty. This article covers a manufacturer's liability for breach of warranty.

Damages Awarded in Products Liability Lawsuits

Courts award damages to pay back a person for loss or harm resulting from injuries caused by a defective product. The trier of fact (the jury in a jury trial or the judge in a bench trial) decides the amount of damages. The trier of fact has broad discretion in setting the amount of damages. The following are some of the factors considered in making an award: the injury, the need for future treatment, any disability, pain and suffering, age, occupation, and pre-injury health. A person's life expectancy is also considered if the injury is permanent.

Frequently Asked Questions (FAQ's) About Products Liability Claims

A defective product is a product that has a design defect or a manufacturing defect. If a product lacks an adequate warning of any known dangers associated with its use, the product is also considered to be defective.

Recovery in Strict Products Liability for Product Damage Alone

Products liability is the area of the law that deals with injuries and property damage caused by defective products. A product is considered defective if it has a design or manufacturing flaw. If the product lacks proper instructions or lacks sufficient warnings about any dangers associated with its use, a product can also be considered defective. This article discusses recovery for defective products when the only damage was to the product itself. There were no personal injuries or damages to other property.

Medical Causation in Drug Products Liability Cases

What is a drug products liability case?

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If you or a member of your family or friends are involved in an accident, crash, or other injury producing event caused by the negligence of others, call the Law Offices of Mark A Doughty at 530-674-1440. Mark A Doughty has been practicing law in California since 1979. He has served the people of Northern California and represented them without a fee (in accident cases) unless he recovers for them. For more information, click http://GoLaw.com

GoLaw.com Auto Accident Articles

Have you been injured in an auto accident, car wreck, or motorcycle crash?  GoLaw.com is here to hep you find a Personal Injury Attorney near you.  Read our Auto Accident Articles to get more information.  If you have any questions, call 530-674-1440 to get a Free Legal Consultation.

The following BLOGs may be helpful to you in researching your Auto Accident case:

Cancellation of Auto Insurance for Nonpayment of Premiums

The mandatory nature of motor vehicle insurance in the United States means that the system under which cars and trucks are insured involves a three-part relationship among the vehicle owner or operator, the insurer, and the government of the state where the car or truck is located. The heart of the auto insurance business relationship, though, is the policy of insurance, a bilateral contract under which the insurer agrees to provide the requested insurance coverage on a vehicle and pay valid claims and the insured agrees that he or she will in return pay the premiums due under the policy. When an insured fails to make timely payment of the premiums or fails to pay them at all, the insurer's ultimate recourse is to cancel the policy for nonpayment of premiums.

Comparative Fault in Automotive Products Liability Cases

Tort law is the branch of the legal system that deals with cases in which an individual or other legally recognized entity, such as a corporation or governmental unit, seeks to recover damages from another person for a private injury or wrong not arising out of a contractual relationship. Tort actions are often based on the concept of negligence, which the law generally defines in such a context as the failure to meet the standard of care required to avoid subjecting another to unreasonable risk of injury. Under traditional tort law principles, if the plaintiff in such a case was found to have been guilty of what is called contributory negligence, which is generally defined as a failure to use due care that contributes to the plaintiff's own injury, the plaintiff would be barred from recovering any damages from the defendant. More recently, many courts have adopted a doctrine called comparative fault or comparative negligence in deciding such cases.

Manufacturer Defenses in Automotive Products Liability Cases

The basic elements of proof that a plaintiff has to establish in a products liability action against the manufacturer or seller of a motor vehicle are that the vehicle as sold contained a defect that created an unreasonable risk of death, personal injury, or property damage when the vehicle was put to its intended use and that the defect caused an accident or similar incident, such as a vehicle fire, that resulted in the loss or damage for which the plaintiff seeks to recover damages. Vehicle defects can include shortcomings in the design of a vehicle, mistakes in the manufacture of its component parts or in their assembly into a complete car or truck, and failure to warn the purchaser or operator of a risk inherent in the use and operation of the vehicle. Manufacturers have a number of defenses available to them in seeking to prevent a plaintiff from succeeding in an automotive products liability action.

Intentional Injury Exclusion in Auto Insurance

When a vehicle is involved in an automobile accident, the conduct of an insured may activate the automobile insurance policy's exclusion for intentional injury. Intentional injuries include suicide and assault, among other acts. Even though some states require automobile insurance companies to provide statutory minimum coverage, the companies may exclude coverage for intentional injuries. The intentional injury exclusion prohibits an insured, which caused an intentional injury to himself or herself or to another person, from recovering insurance benefits for that injury. This is a common exclusion in automobile insurance policies. Further, most no-fault statutes contain intentional injury exclusions.

Tort Liability of Owners/Operators of Private Motor Vehicles

While the owners and operators of private motor vehicles sometimes think of their possession of auto insurance as totally eliminating any potential tort liability on their parts, such owners and operators remain subject to the tort system to the extent that their insurance coverage does not encompass part or all of their legal liability for an incident that has caused personal injury or property damage to another person. Such a situation can arise, for example, where a court judgment reflecting injury or damage caused by an insured private vehicle owner or operator exceeds the limits of his or her policy, or where the insured's failure to provide required notice to an insurer or cooperate in the defense of a legal action causes the insurer to assert that it is not required to provide coverage for the loss under the policy.

If you or a member of your family or friends are involved in a motorcycle accident–crash, or other injury producing event caused by the negligence of others, call the Law Offices of Mark A Doughty at 530-674-1440. Mark A Doughty has been practicing law in California since 1979. He has served the people of Northern California and represented them without a fee (in accident cases) unless he recovers for them. For more information, click http://GoLaw.com

GoLaw.com Personal Injury Articles

Are you researching a legal matter?  Have you been injured in an accident?  GoLaw.com is here to hep you find an Accident Injury Attorney near you.  Read our Personal Injury Articles to get more information.  If you have any questions, call 530-674-1440 to get a Free Legal Consultation.

The following BLOGs may be helpful to you in researching your Accident-Injury case:

The Jones Act -- Unearned Wages

Under the Jones Act and general maritime law, a seaman who is injured in the course and scope of his employment may recover "unearned wages," i.e., the wages he would have earned if he were able to continue working until the end of the voyage. Unearned wages may include overtime, bonuses, and other employment benefits.

Nominal Damages

If an injured party is harmed or has property that is damaged by the intentional or negligent conduct of a defendant, he may bring an action to recover damages. Sometimes, the injured party recovers a verdict but only nominal, or minimal, damages.

The Collateral Source Rule

The "collateral source rule" is a legal rule that prevents a defendant from introducing evidence that a plaintiff has received payment from a third party. For example, a plaintiff is injured in an automobile accident with a defendant.

Dram Shop Laws

Under a "dram shop law," a business that sells alcohol to an intoxicated customer may be liable when the customer injures a third party. Most dram shop cases involve drunk driving.

Invasion of Privacy--Disclosure

The law provides everyone with some basic rights to privacy. Privacy is the general right to be left alone and free from unwanted publicity. Unreasonable invasion of one's privacy causes harm.

If you or a member of your family or friends are involved in a motorcycle accident–crash, or other injury producing event caused by the negligence of others, call the Law Offices of Mark A Doughty at 530-674-1440. Mark A Doughty has been practicing law in California since 1979. He has served the people of Northern California and represented them without a fee (in accident cases) unless he recovers for them. For more information, click http://GoLaw.com

10 TIPS FOR DRIVING SAFETY IN THE NEW YEAR

Planning on driving up to the Snow during the Winter Months? Stay safe while traveling in cold, wet, and possibly icy conditions: it’s important to plan ahead and leave distance around your vehicle for a Safe and Happy New Year! Keep reading our GoLaw.com BLOGS to get more Travel Safety Tips for your travels during this holiday season.

Read original article on Yahoo.com
Ten Safety Tips for Winter Road Trips
Charlotte Walters, Yahoo Contributor Network
• Driving on Ice
• Winter Safety
• Car Kit

10 Tips for Safe Winter Travel on U.S. Roads

1.) Have Good Maps
Before taking a road trip in the winter, always map out your routes ahead of time. Do not assume that your GPS devices will always work during the trip. Have paper maps with marked routes that at least one of you understands. In winter weather, staying on the interstates instead of detouring around large cities is usually a good idea. It is better to be stuck in traffic and be near emergency services than to be stranded on a lonely or dangerous side road. Bring along printouts with information about possible stopping points along the way. Call ahead to hotels and get information or make reservations. Have some alternative options.

2.) Share Contact Information
Give a copy of your plan to a reliable friend or relative. The information should include an estimated arrival time at various major points along the way, and contact information such as cell phone numbers or the phone numbers of places where you plan to stay overnight. You should plan to contact the friend/relative from time to time with a progress report, or if you are significantly delayed. If there are people waiting for you at the final destination, they should receive copies of the travel plan and contact information as well.

3.) Prepare the Vehicle
Take your vehicle to a trusted mechanic for a tune-up. Check belts and replace if worn. Carry extra belts if possible. Clean the battery terminals using a baking soda mixture and a small brush. During the trip, check all fluids regularly, including the windshield washer fluid. Carry extra oil. Always keep the gas tank at least half full. This helps to keep water vapor out of the gas line, and if you were stopped in your vehicle for a long time, this would allow you to run the heater at intervals.

4.) Winter Emergency Car Kit
As every winter approaches, any vehicle that will be traveling in winter weather should have an emergency kit, which includes road flares or reflective triangles, jumper cables, spare tire with correct pressure, can of tire inflate/sealant, folding shovel, chains, traction mats (or kitty litter), ice scraper, extra wiper blades, can of de-icer or WD-40, insulated pliers, screwdrivers, socket wrench, roll of wire, bungee cords, duct tape, 50ft cord (used as a homing line in blizzard), and an empty container to carry gas or water. Remember never to carry extra gasoline inside a vehicle! This list may seem large, but it is incomplete. These are just the basics. If your vehicle is stopped in an ice storm or blizzard, move some of these items inside the car; your trunk may freeze shut.

5.) Pack for Winter Safety
These "people items" could be included in the emergency car kit above. Carry an orange reflective emergency vest, "Help Needed" windshield shade sign, first aid kit and manual, flashlight with fresh batteries, instant chemical hot packs and body warmers like mylar space blankets, plastic bags to wear between layers of clothing to repel moisture and retain body heat, emergency drinking water, and non perishable, high calorie foods.

6.) Internet and Radio Communications
Always be sure to check the Travel Alerts on the Internet if you have the capability, or keep the car radio tuned to the designated AM channels specifically for road travelers. Every U.S. State has their own Department of Transportation (DOT) website; look for a button or link titled Travel Alerts. This will provide information on specific parts of certain state and interstate roads most likely to be affected by weather, construction, and road closures.

Because cell phones have limited battery life, it is wise to have a backup means of communication. The inexpensive choice is FRS radio; you can find these at the local Radio Shack or Wal-Mart. They run on ordinary batteries. FRS Channel 1 is the nationwide emergency channel. The range is limited, and works best using line-of-sight, so climbing to a high spot will help the signal reach farther. CB radio is a bit more expensive, and some units are battery-powered. Channel 9 is the nationwide emergency channel, however Channel 19 is the most commonly monitored channel (language can be foul) and is used by most long-haul truckers. Generally, truckers are friendly, helpful, skilled people to have around during a vehicle emergency.

7.) Heavy Snow or Blizzard
Despite the best-laid plans, you may drive into dangerous snowy conditions. If you can see the vehicle in front of you, keep going forward, because if you stop on the road you could be struck from behind. If the snow is totally blinding, try to pull over just enough to get out of the path of other vehicles and wait out the storm. Pulling too far off the road might cause you to go down an embankment. If your vehicle becomes stranded in deep snow, stay with your car. Attach a bright marker of some kind. Make sure the exhaust pipe is clear of snow before starting the engine to run your heater. A plugged exhaust causes carbon monoxide gas to build up inside the car, quickly killing those inside!

8.) Icy Driving Conditions
Before you leave on a road trip, review with all the drivers of the vehicle how to correctly brake and steer in slippery conditions. Depending on whether it has anti-lock brakes and front or rear wheel drive, methods will vary. Cars are heavy objects. They have a lot of inertia. On ice, when something heavy is moving without any friction to slow it down, it just keeps on going! The heavier the vehicle, the more inertia it has. When driving on ice, slow the speed gradually to a crawl. Go twice as slow as you think you need to. Approach a stop or a turn by starting to slow down at least a half block early. Avoid hills whenever possible. If the car gets stuck, use a mat or sprinkle cat litter under the drive wheels for traction.

9.) Driving Near Trucks and Snow Plows
Remember that big trucks take longer to stop, and they are top heavy so that having to swerve out of the way could cause them to tip over. Do not cut in front of them! If you find yourself behind a snowplow, stay behind it or use caution when passing. The road behind a snowplow will be safer to drive on. Don't tailgate the plow; stay about 15 car lengths behind it. The plow operator's field of vision is limited, so don't assume that they can see you.

10.) Suggested Cross Country Routes
Traveling from San Francisco on the west coast to Boston on the east coast, the best winter routes would include the following: Interstate Route 40 avoids the majority of mountains and keeps the elevations generally lower, making it the best interstate choice in the wintertime. The highest elevation would be just over 7000 ft, at the western edge of the Great Plains leaving New Mexico. I-40 merges with I-75 in Tennessee. At Knoxville, stay on I-75 until it approaches Toledo, Ohio. Take I-80 going east toward Cleveland. This route generally stays open in winter although it is a northerly route, but the advance warning system for severe winter weather travel is a good one.

From Cleveland to Boston, continue east on I-80 all the way into New Jersey, avoiding some of the more troublesome northern routes. At this point you can turn onto I-95 and go right up the coast to Boston. While I-95 is heavily traveled and can have stoppages, you will never be far from emergency services and towns with nice accommodations if the weather turns nasty.

Even if a more southerly route is chosen in the wintertime, an Arctic Low could dip down and bring an ice storm to areas that would normally be temperate. No matter how safe you think a winter route might be, always check the weather forecasts and follow the ten travel tips above to keep you and your passengers safe.

If you or a member of your family or friends are involved in a motor vehicle accident–collision, or other injury producing event caused by the negligence of others, call the Law offices of Mark A Doughty at 530-674-1440. Mark A Doughty has been practicing law in California since 1979. He has served the people of northern California and represented them without a fee (in accident cases) unless he recovers for them. For more information, please see http://GoLaw.com 

 

CAOC Attorneys File Lawsuit on LAPD Cold Case

As reported in the Consumer Attorneys of California (CAOC) eClips on 10/29/13 and in the LA Times: 
An LAPD analyst filed suit about the disregarding of DNA evidence, implicating a detective in a 1986 MURDER.

LAPD Cold Case Evidence Ignored, Analyst Files Suit

An analyst in the Los Angeles Police Department has filed a lawsuit alleging that an LAPD detective ignored evidence that proved a police officer murdered her boyfriend's wife in 1986. According to the lawsuit, the plaintiff conducted a DNA test of saliva from a bite mark on the victim and the lead detective disregarded the results, saying the police officer "was not part of this." The lawsuit names the LAPD as defendant and alleges that the plaintiff was subjected to retaliation and harassment after bringing attention to the DNA tests. CAOC members John Taylor and Matthew McNicholas represent the plaintiff.
Joel Rubin and Richard Winton, LA Times  10/30/2013
Source: LA Times

If you or a member of your family or friends are involved in a motor vehicle accident–collision, or other injury producing the event caused by the WRONGFUL CONDUCT of others, call the Law offices of Mark A Doughty at 530-674-1440. Mark A Doughty has been practicing law in California since 1979. He has served the people of Northern California and represented them without a fee unless he recovers for them (in accident cases). For more information, please see http://GoLaw.com.

 

Have a Safe and Happy Holidays from GoLaw.com

The Fall and Winter Months are a popular time of year for vacations and road travel. With Thanksgiving, Christmas, and New Years all bringing cold, wet, and possibly icy conditions, it’s important to plan ahead for a Safe and Happy Holidays!  Keep reading our GoLaw.com BLOGS to get more Travel Safety Tips for your travels during this holiday season.

Read original article on AAA.com

WINTER DRIVING TIPS

Severe weather can be both frightening and dangerous for automobile travel. Motorists should know the safety rules for dealing with winter road emergencies. AAA reminds motorists to be cautious while driving in adverse weather. For more information on winter driving, the association offers the How to Go on Ice and Snow brochure, available through most AAA offices. Contact your local AAA club for more information.

AAA recommends the following winter driving tips:

    •    Avoid driving while you’re fatigued. Getting the proper amount of rest before taking on winter weather tasks reduces driving risks.
    •    Never warm up a vehicle in an enclosed area, such as a garage.
    •    Make certain your tires are properly inflated.
    •    Never mix radial tires with other tire types.
    •    Keep your gas tank at least half full to avoid gas line freeze-up.
    •    If possible, avoid using your parking brake in cold, rainy and snowy weather.
    •    Do not use cruise control when driving on any slippery surface (wet, ice, sand).
    •    Always look and steer where you want to go.
    •    Use your seat belt every time you get into your vehicle.

Tips for long-distance winter trips:

    •    Watch weather reports prior to a long-distance drive or before driving in isolated areas. Delay trips when especially bad weather is expected. If you must leave, let others know your route, destination and estimated time of arrival.
    •    Always make sure your vehicle is in peak operating condition by having it inspected by a AAA Approved Auto Repair facility.
    •    Keep at least half a tank of gasoline in your vehicle at all times.
    •    Pack a cellular telephone with your local AAA’s telephone number, plus blankets, gloves, hats, food, water and any needed medication in your vehicle.
    •    If you become snow-bound, stay with your vehicle. It provides temporary shelter and makes it easier for rescuers to locate you. Don’t try to walk in a severe storm. It’s easy to lose sight of your vehicle in blowing snow and become lost.
    •    Don’t over exert yourself if you try to push or dig your vehicle out of the snow.
    •    Tie a brightly colored cloth to the antenna or place a cloth at the top of a rolled up window to signal distress. At night, keep the dome light on if possible. It only uses a small amount of electricity and will make it easier for rescuers to find you.
    •    Make sure the exhaust pipe isn’t clogged with snow, ice or mud. A blocked exhaust could cause deadly carbon monoxide gas to leak into the passenger compartment with the engine running.
    •    Use whatever is available to insulate your body from the cold. This could include floor mats, newspapers or paper maps.
    •    If possible run the engine and heater just long enough to remove the chill and to conserve gasoline.

Tips for driving in the snow:

    •    Accelerate and decelerate slowly. Applying the gas slowly to accelerate is the best method for regaining traction and avoiding skids. Don’t try to get moving in a hurry. And take time to slow down for a stoplight. Remember: It takes longer to slow down on icy roads.
    •    Drive slowly. Everything takes longer on snow-covered roads. Accelerating, stopping, turning – nothing happens as quickly as on dry pavement. Give yourself time to maneuver by driving slowly.
    •    The normal dry pavement following distance of three to four seconds should be increased to eight to ten seconds. This increased margin of safety will provide the longer distance needed if you have to stop.
    •    Know your brakes. Whether you have antilock brakes or not, the best way to stop is threshold breaking. Keep the heel of your foot on the floor and use the ball of your foot to apply firm, steady pressure on the brake pedal.
    •    Don’t stop if you can avoid it. There’s a big difference in the amount of inertia it takes to start moving from a full stop versus how much it takes to get moving while still rolling. If you can slow down enough to keep rolling until a traffic light changes, do it.
    •    Don’t power up hills. Applying extra gas on snow-covered roads just starts your wheels spinning. Try to get a little inertia going before you reach the hill and let that inertia carry you to the top. As you reach the crest of the hill, reduce your speed and proceed down hill as slowly as possible.
    •    Don’t stop going up a hill. There’s nothing worse than trying to get moving up a hill on an icy road. Get some inertia going on a flat roadway before you take on the hill.
    •    Stay home. If you really don’t have to go out, don’t. Even if you can drive well in the snow, not everyone else can. Don’t tempt fate: If you don’t have somewhere you have to be, watch the snow from indoors.
SOURCE: AAA.com

If you or a member of your family or friends are involved in a motor vehicle accident–collision, or other injury producing the event caused by the WRONGFUL CONDUCT of others, call the Law offices of Mark A Doughty at 530-674-1440. Mark A Doughty has been practicing law in California since 1979. He has served the people of Northern California and represented them without a fee unless he recovers for them (in accident cases). For more information, please see http://GoLaw.com.

FAMILY OF CRASH VICTIM FILES LAWSUIT

As reported in the Consumer Attorneys of California (CAOC) eClips on 10/29/13 and in the Chicago Tribune:
3 innocent victims died as a result of a motor vehicle collision with a garbage truck in Skokie Illinois. The lawsuit alleges that the driver was speeding through a school zone and failed the honk his horn before the crash. The truck driver survived the wreck, unlike the occupants of the innocent victims’ car.

Read the original article here:

Crash Victim's Family Files Lawsuit

The family of a woman who died when her car was hit by a garbage truck has filed a lawsuit against the village of Skokie, Illinois. There were two other passengers in the vehicle who also died when it was hit by the garbage truck at an intersection. The lawsuit alleges negligence on behalf of the truck driver claiming he was driving "without keeping a proper and sufficient lookout." The lawsuit also notes that the driver was speeding through a school zone and failed to honk his horn before the crash. The truck driver was the only survivor of the collision.
Alexandra Chachkevitch, Chicago Tribune 10/29/2013
Source: Chicago Tribune 

If you or a member of your family or friends are involved in a motor vehicle accident–collision, or other injury producing the event caused by the negligence of others, call the Law offices of Mark A Doughty at 530-674-1440. Mark A Doughty has been practicing law in California since 1979. He has served the people of northern California and represented them without a fee (in accident cases) unless he recovers for them. For more information, click http://GoLaw.com.

 

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GoLaw.com Accident attorney Mark A. Doughty practices personal injury law in the Northern California communities of Sacramento, Lincoln, Rocklin, Roseville, Marysville, and Yuba City, where he represents people in case of negligence or wrongful death arising out of automobile accidents, premises liability, products liability, and other injuries caused by negligent or wrongful conduct. As a Sacramento auto accident attorney, he has years of experience aggressively pursuing the needs of his clients. While working as a car accident attorney in Sacramento, @DoughtyLaw also successfully advocates in other motor vehicle accidents and personal injury law cases.

Mark A Doughty has been published in the Pacific Law Journal, worked as a Judicial Attorney for the Fifth District of the California Court of Appeals, and as a Past President of the Sutter Yuba Bar Association, has served as a Judge Pro Tem for the Yuba County Courts and as a founder of the Sutter Yuba Trial Attorneys Association

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GoLaw.com Personal Injury Lawyer Mark A Doughty fights for your rights. Speaking about his practice and work as an injury attorney in Sacramento, Mr. Doughty says: "I have found the practice of personal injury law very rewarding and important. I represent injury victims who can’t afford to hire an attorney. Their lives have been severely affected by the negligent acts of other in car crashes, truck collisions, animal attacks, and other injury-causing events. We work hard to take the hassle out of the process for our clients so that they can concentrate on getting better." If you require a car accident attorney in Sacramento or have a need for a personal injury lawyer that will give you the personalized attention you deserve contact The Law Offices of Mark A. Doughty @DoughtyLaw today.

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Don't be Indifferent to Highway Carnage

Don't be Indifferent to Highway Carnage
As reported by a number of online news sources like the Sacramento Bee and FairWarning.com: "One of America’s more egregious public health afflictions: deaths and injuries in car crashes, is being massively ignored."


At GoLaw.com we accept new cases and don't charge you unless we recover for you. Call 530-674-1440 or Click for a Free Consultation + Home and Hospital Visits!

This commentary also published by:
TucsonSentinel.com
Industrial Safety & Hygiene News

Sources report that although there are "more than 30,000 deaths and more than 2.2 million crash injuries per year, highway safety has largely fallen off the political radar screen."  California Accident Injury Attorney Mark A Doughty reminds us "It is up to us to take care of ourselves and our families by staying prepared and placing safety first."

"This should be a warning sign to the American people, since political leaders and their families, like the rest of us, are not immune from firsthand encounters with highway tragedies… President Obama’s father died in a car wreck in 1982. In 1972, Vice President (then U.S. Senator) Joseph Biden’s wife and infant child were killed in a car-truck collision. Republican presidential nominee Mitt Romney, as a young Mormon missionary, was severely injured in a collision in France that killed another passenger. These experiences mirror those of millions of ordinary Americans, yet they have failed to prod the nation’s policy leaders into aggressive action to stem the carnage."

For more Driving Safety Tips and advice on What To Do in Case of an Auto Accident, go to http://golaw.com/newsletters.

This BLOG was Prepared for you by Mark A. Doughty, attorney-at-law who practices solely in the area of injury and accidents including motor vehicle accidents, motorcycles, trucks, vicious animal attacks and slip and fall cases. You may contact Mr. Doughty by visiting his website at http://www.GoLaw.com or call 530-674-1440

GoLaw.com WARNING: Drive carefully in Winter conditions!

This is a WARNING from http://GoLaw.com - Drive carefully in Winter conditions!

A friend sent me a link to this video below which clearly illustrates the dangers of driving on slick, frozen roads.  If even an "Experienced Tow Truck Driver (now Seeking New Position)" can get caught unprepared, each of us need to be especially cautious while driving in Winter conditions such as rain, ice, black ice, and snow.

It appears that this video was shot in a foreign country, but that doesn't mean these types of accidents can't or won't happen here in the United States.  The Weather Channel's BLOG titled "Driving Safety Tips: Driving in Snow and Ice" on Weather.com states "The best advice for driving in bad winter weather is not to drive at all, if you can avoid it. Don't go out until the snow plows and sanding trucks have had a chance to do their work, and allow yourself extra time to reach your destination. If you must drive in snowy conditions, make sure your car is prepared (TIPS), and that you know how to handle road conditions."  In the NBCNews.com BLOG titled "10 Tips for Winter Driving", author Mark Sedenquist (publisher of RoadTrip America) reminds drivers to SLOW DOWN and "reduce speed by 50 percent in snowy conditions." 

Remember: arriving to your destination safely is the most important thing of all. 

This BLOG was Prepared for you by Mark A. Doughty, attorney-at-law who practices solely in the area of injury and accidents including motor vehicle accidents, motorcycles, trucks, vicious animal attacks and slip and fall cases. You may contact Mr. Doughty by visiting his website at http://www.GoLaw.com or call 530-674-1440

CA Attorney General Kamala D Harris speaks at CAOC Keynote Lunch

California Attorney General Kamala D. Harris speaks at CAOC Keynote Lunch 

By Mark A. Doughty, Esq.   www.GoLaw.com

About the author: Mark A. Doughty has practiced personal injury and auto collision law in the Yuba City - Marysville, CA area since 1980.  LIKE us online at http://facebook.com/DoughtyLaw or FOLLOW us at http://twitter.com/DoughtyLaw

November 9, 2012 - San Francisco, CA

Accident Injury Attorney Mark Doughty is in San Francisco, California at the 51st Annual CAOC Convention learning from some of the best attorneys in the world.  Every year, continuing education "promotes new and better ways to represent our clients injured by the negligence of wrongdoers", said Doughty. Among the speakers at this year's conference is the Attorney General of California, Kamala D. Harris (Official Twitter @CalAGHarris).

 

www.caoc.org/12convention

According to the Consumer Attorneys of California website, CAOC "is a professional organization made up of nearly 3,000 attorneys who represent plaintiffs seeking accountability from those who do wrong. Among the consumers our attorney-members represent are:
    •    Those injured or killed by defective products or drugs.
    •    People who suffer discrimination because of age, gender, disability or race.
    •    Individuals injured or killed because of another's negligent acts.
    •    Citizens whose civil rights have been violated.
    •    Workers who have been fired unjustly or injured on the job.
    •    Investors and others wronged by financial institutions.
    •    Those whose lives are undercut when insurance companies act in bad faith.
    •    Patients who have negligently been harmed instead of healed by the health care industry.
CAOC attorneys and their clients face opponents with far more power and access to resources: Big polluters, insurance companies, automobile manufacturers and banks. CAOC members take only those cases they view as worthy, invest their own resources in pushing those cases to court and are paid under the contingency fee system only if their clients achieve a successful result."

This year, special guest speaker and California Attorney General Kamala D. Harris (Follow her Tweets @KamalaHarris) gave the Keynote speech at the Palace Hotel for Friday's Luncheon.  Introduced by Brian S. Kabateck of Kabateck Brown Kellner, LLP and CAOC President Niall P. McCarthy of Cotchett, Pitre & McCarthy, LLP; Kamala Harris spoke about "The Role Of The Attorney General In Protecting Consumers". 

For more information, check out the links below:
CAOC 51st Annual Convention - http://caoc.org/12convention
CAOC history - https://www.caoc.org/index.cfm?pg=history
CAOC on Facebook - http://facebook.com/ConsumerAttorneys
Kamala Harris on Facebook - http://facebook.com/KamalaHarris
CAOC schedule of events - https://www.caoc.org/index.cfm?pg=events&evAction=showDetail&eid=7397

This BLOG was Prepared for you by Mark A. Doughty, attorney-at-law who practices solely in the area of injury and accidents including motor vehicle accidents, motorcycles, trucks, vicious animal attacks and slip and fall cases. You may contact Mr. Doughty by visiting his website at http://www.GoLaw.com, LIKE us at http://facebook.com/DoughtyLaw, FOLLOW us at http://twitter.com/DoughtyLaw, or call 530-674-1440

Check out our GoLaw DoughtyLaw TUMBLR Blog

GoLaw.com and California Accident Injury Attorney Mark A Doughty invite you to check out our DoughtyLaw TUMBLR Blog!

http://doughtylaw.tumblr.com/

TUMBLR allows us to post helpful articles with rich multimedia content.

Thanks for reading!  We will continue to post legal news and updates here on our Google Blogger page, at our WordPress Blog, and at our website: GoLaw.com/newsletters

By Mark A. Doughty, Esq. www.GoLaw.com
About the author: Mark A. Doughty has practiced personal injury and auto collision law in the Northern California Sacramento Valley since 1980.  LIKE us online at http://facebook.com/DoughtyLaw or FOLLOW us at http://twitter.com/DoughtyLaw

Defensive Driving to Avoid Motor Vehicle Accidents (MVA’s) - Part 2

Defensive Driving to Avoid Motor Vehicle Accidents (MVA’s) - Part 2

By: Mark A. Doughty, Esq. www.GoLaw.com  

About the author: Mark A. Doughty has practiced personal injury and auto collision law in the Northern California Sacramento Valley since 1980. LIKE us online at http://facebook.com/DoughtyLaw or FOLLOW us at http://twitter.com/DoughtyLaw  

Driving Defensively: Driving techniques to avoid accidents and fines (Part 2)

Driving defensively is an important part of safety when it comes to road travel. Read Part 1 of the BLOG from last month here. Part 2 continues below:

Although travelers worry mostly about crime, inadequate driving skills pose the greatest danger while traveling on the road. North American traffic conditions dictate driving must be taken seriously. These tips can save your life!

1. Eye Movement. Be like pilots who are taught to Scan Constantly. Scan the road then rear mirror, then the road then side mirrors. Do not fix your eyes on any one point. Instead, your eyes should be constantly moving up and down the road, to the sides, and… SCAN.

2. Avoid last minute braking, read the brake lights 3-4 cars ahead.

3. Always leave yourself an out. At all times, try to place your vehicle where your safety is not determined by other drivers. You want to be in control of your safety on the road. This means you need a place to head if danger appears. When driving, this is called looking for "space cushions," places where you can go in order to avoid collisions. When you have a space cushion, you have already avoided an accident.

 4. If you must pass another car, do not linger next to another vehicle. You should rush to its front as soon as safely possible; especially when passing large trucks or busses. You do not want to follow too closely, especially if you cannot move to the right or left if the car in front of you slows suddenly. It is fascinating (and frightening) to observe the behavior of drivers on multi-lane highways as tend to bunch up and travel in packs. Therefore, avoid the packs. Don't be part of the herd. Hang back. Or, if you want to pass, rush ahead of the group of vehicles as soon as possible, without going so fast that you get a ticket in the process.

5. Make sure the other driver sees you, and never assume another driver will do something unless you are certain he or she will do so. On freeways—where improper lane changes are one of the most frequent causes of serious accidents—and on two-lane roads, where vehicles going the other direction are frequently passing slower vehicles—USE YOUR HEADLIGHTS. Yes, turn your lights on. This helps other drivers notice you. In fact, you may want to use your headlights in nearly all driving situations, as do many professional drivers. In some areas, especially in Canada, this is the law. Rain and fog, too, are a time for headlights, as well as twilight. Some drivers have a very ignorant and limited view of the role of headlights or a misguided desire to conserve power, as they delay turning on car lights in the evening as long as possible. "I can see just fine!" they foolishly say. But, how well others can see them is also vitally important! Twilight is the time of most accidents. Drivers are tired after a day of activity. Some have stopped for an after work drink (or two or three) and have impaired focus. Others, anxious to get home, rush too quickly. Help these people to see you and to avoid you. Be among the last to turn off lights in the morning and among the first to turn them on in the evening—if not driving with lights on all the time. If another driver does not seem to have noticed you, and it looks as if he might hit you, blinking the headlights may help avoid an accident. And, moving the right foot off the accelerator to be ready to brake will speed reaction time, if your best reaction is not rushing ahead to avoid collision. You should be particularly careful at intersections when a driver approaching from a side road or already stopped at a stop sign does not seem to be looking right or left for other traffic as you approach. The horn, by the way, is nearly useless in most driving situations as other drivers are usually too far away to hear you or their music systems are too loud.

6. Rear end collisions can be prevented or made less serious. If you do not have time to rush ahead, repeatedly lightly (so as to not slow down) step on the brake pedal when another vehicle approaches too rapidly from behind. This causes your rear red lights to blink in warning. Do this over and over, when you suspect a car coming from behind may not have noticed you. The great danger, as mentioned above, are drivers who do not look far down the road as they drive. They miss seeing slower or stopped vehicles ahead of them until the last moment. Blinking the brake lights should attract attention of these faulty drivers, and allow them time to stop, or at least decease the impacts of the collisions.

7. Use your turn signals early and often. Using turn signals, too, lessens the chance of accidents. Turn signals attract the attention of other drivers. All too often, you see signals turned on at the same time as turns or lane changes are initiated, which is not safe (or legal) driving. Making a decision at the last moment shows clearly that a driver has not been paying attention. He or she is not driving defensively. These drivers are far more likely to injure themselves and others. Using signals is far more than a courtesy; it is a key safety technique.

8. Maintain average traffic speed on freeways. A vehicle going slower than other traffic sets up too many opportunities for collisions on high-speed highways. If a more relaxed driving pace is desired, use another type of road. NO Stopping on freeways. Don't be a stationary object or semi-stationary obstacle on a freeway. Few things are more dangerous than when a car stops at the end of an entrance ramp because the driver misjudged the opportunities to enter traffic—or was just too timid. If your car breaks down on the road…pull as far to the right as possible, put the hood up to alert drivers and move all occupants to a safe position. Drivers often plow into the rear of cars parked along highways!

9. Respect the weather. Readers from cold areas know the importance of caution in icy or snowy conditions. The first rains of the season make the road very slick.

10. Stay Alert! Remember that your reaction time and driving skills deteriorate when tired or older. The old adage that ample rest is the basis of dynamic, successful activity applies to driving as well as to every area of life. Driving without having had sufficient sleep is just as dangerous as driving under the influence of drugs and alcohol.

Summary: In summary, use common sense. Pay attention when driving. Look out for the other cars, be prepared and let the other driver win…That makes you the WINNER because you avoid accidents and injuries and you ARRIVE ALIVE!  

Sources: http://www.roadtripamerica.com/DefensiveDriving/Rule04.htm
http://www.roadtripamerica.com/DefensiveDriving/Drive-Safe-With-Uncle-Bob.htm
some direct quotes from http://Yahoo.com

This BLOG was Prepared for you by Mark A. Doughty, attorney-at-law who practices solely in the area of injury and accidents including motor vehicle accidents, motorcycles, trucks, vicious animal attacks and slip and fall cases. You may contact Mr. Doughty by visiting his website at http://www.GoLaw.com or call 530-674-1440

Defensive Driving to Avoid Motor Vehicle Accidents - Part 1

Defensive Driving to Avoid Motor Vehicle Accidents (MVA’s) - Part 1

By: Mark A. Doughty, Esq.   www.GoLaw.com
About the author: Mark A. Doughty has practiced personal injury and auto collision law in the Sacramento valley since 1980.  LIKE us online at http://facebook.com/DoughtyLaw or FOLLOW us at http://twitter.com/DoughtyLaw

Driving Defensively: Defensive Driving Tips for Avoiding Car Accidents

Driving defensively is an important part of safety when it comes to road travel. Just because you are a safe driver doesn't mean that other drivers will also be. Wearing a seatbelt is the first and foremost thing anyone riding or driving in a vehicle should do. It is also important to avoid driving impaired by FATIGUE, ALCOHOL or DRUGS INCLUDING PRESCRIPTION DRUGS. Following Defensive Driving tips can help to protect you from a world or hurt or loss.

TIP # 1 - "PAY ATTENTION"
RoadTripAmerica.com reports that an estimate of 50,000 people die annually due to road related injuries. Factoring in the injuries causes the number to rise much higher. Over 22 million people are injured every year on United States roadways.  Paying attention is the number one Defensive Driving tactic listed on the RoadTrip America website. Keeping your mind alert and focused on the road can help prevent many incidents from happening. One distraction could be road rage. That distraction could linger throughout the day due to the upset feelings caused. Never let anything, including other drivers, distract you from driving safely.

TIP # 2 - "YIELD"
Another thing to remember is that there can sometimes be confusion as to who has the right way. A good Defensive Driving tip in this instance is to simply yield that right to the other person. I taught my sons: “You win by Losing when it comes to letting another driver go first.”

TIP # 3 - "REACTION TIME IS KEY"
Reaction time is key to preventing accidents and when the person driving is speeding, that reaction time decreases. In fact, reaction time decreases each time driving speed increases. With RoadTripAmerica's calculations, if a person is driving 70 mph, the average reaction time is 115 feet (or about 7 car lengths).

Buying and using other safety devices is also important in driving defensively. Child safety seats, ABS brakes, air bags, and other devices may be optional but are invaluable when it comes to safe driving. Be sure that you not only have these devices, but that you know how to use them properly and do so each time they are used.

Keep in mind that this is not an all-inclusive Defensive Driving guide. A certified Defensive Driving course is a good idea and is just one of the many ways to be prepared and stay informed.  Come back NEXT MONTH to read the 2nd part to this article.

Sources:
http://www.roadtripamerica.com/DefensiveDriving/Rule04.htm
http://www.roadtripamerica.com/DefensiveDriving/Drive-Safe-With-Uncle-Bob.htm
some direct quotes from http://Yahoo.com

This BLOG was Prepared for you by Mark A. Doughty, attorney-at-law who practices solely in the area of injury and accidents including motor vehicle accidents, motorcycles, trucks, vicious animal attacks and slip and fall cases. You may contact Mr. Doughty by visiting his website at http://www.GoLaw.com or call 530-674-1440

Catch up on GoLaw.com newsletters and E-Blasts!

Catch up on GoLaw.com newsletters and E-Blasts!

Catch up on Legal Tips and Personal Injury Articles from Northern California Accident Injury Lawyer Mark A. Doughty at the GoLaw.com archive of Newsletters, BLOGs and downloadable PDF E-Blasts!

Mark A. Doughty has practiced personal injury law in the Northern California Sacramento Valley since 1980 and serves the communities of Beale Air Force Base, Chico, Colusa, Lincoln, Linda, Loma Rica, Loomis, Marysville, Olivehurst, Oroville, Rocklin, Roseville, Sacramento, Sutter, and Yuba City, CA.  We offer Home and Hospital Visits and FREE Consultations.  Get more info at http://GoLaw.com

LIKE us online at http://facebook.com/DoughtyLaw or FOLLOW us (@DoughtyLaw) http://twitter.com/DoughtyLaw

How Much Auto Insurance Do You Need?

How Much Car Insurance Do You Need?
By Mark A. Doughty, Esq.   www.GoLaw.com

Most drivers think they have too much auto insurance.

Most drivers after involvement in an auto collision find out they had too little!

Don't get caught having too little auto insurance coverage.

ONE way to reduce your auto insurance premium is to increase the deductible on your collision coverage and reduce on your liability coverage. Sometimes this can make sense, but often it's not worth the extra risks. In California, the minimum coverages are
1.  Liability Coverage: $15,000 per person and $30,000 per accident
2. Property Damage: $5,000 per accident.  (California Insurance Code §11580.1b)

If you cannot afford liability insurance, you may be eligible for the California Low Cost Automobile Insurance Program. Additional information is available at www.aipso.com/lc or call 1-800-602-8861.

Carinsurance.com has an online calculator to help you evaluate this question based upon your personal family and financial situation (http://www.carinsurance.com/Coverage-Calculator.aspx) or talk to your insurance broker. I find there are sometimes lower prices through Independent Insurance Brokers who can shop 5 or 10 different companies vs. just one as in Farmers, State Farm or Allstate brokers. Contrary to TV ads, you “May Not” be in “GOOD HANDS” with a single company broker!

ProgressiveAgent.com has a wonderful 5 company comparison online that even shows you the competition when they are much lower. I used it when my 18 year old son had a new truck and I did not want him on my policy. It showed us a different company was 50% less for the same coverages!

Bodily Injury Liability
This coverage, which is required in most states, compensates the driver of the other car and its passengers in the event you get into an accident. It also covers the passengers in your car. The main consideration here is protecting your assets against lawsuits that arise from auto accidents. "But I'm a careful driver," you say. It doesn't matter. You can get sued even if the accident is not your fault.

Bodily injury liability is sold in standard increments that designate both how much coverage you have per person in an accident, with an additional limit per accident. For example, if you buy bodily injury worth $100,000/$300,000, each of the people you injured could be compensated $100,000, but only up to $300,000 per accident.

How much coverage you need is a function of what assets you have to protect. If you make $30,000 a year and rent your apartment, $50,000/$100,000 should suffice. But if you make more than $75,000 a year, own a house worth $150,000 and have $40,000 in mutual funds, you should consider at least $100,000/$300,000 of coverage. How much you'll pay to increase your bodily injury liability coverage depends on several factors, including your age, where you live, marital status and driving record. To increase Liability Coverage from $15,000/$30,000 and $5,000 to $100,000/$300,000 and $25,000 can be as low as $50 added annual premium.

One more option: If you have substantial assets, buy $300,000 in bodily injury on your auto policy and $300,000 – to $3,000,000 on the liability portion of your homeowners policy. Then spend another $150 to $300 for a $1 million umbrella policy, which covers you against all manner of liability claims. Should you want still more coverage, the cost for an additional $1 million in coverage is minimal: It's typically $75 to increase your coverage to $2 million, and then $50 for each million after that, according to the Insurance Information Institute.

Property Damage Liability
This coverage will pay for the repair and replacement of the other guy's car or property in the event of an accident. State-required minimums are as low as $5,000, but if you total somebody's Lexus, that won't begin to cover the damage.

You're better off with a minimum of $50,000 for each vehicle you own. And to be truly safe, you should have a total of $100,000 coverage.

Medical Payments Protection
DO NOT skimp on this one! Med Pay or PIP coverage pays for the medical and funeral costs associated with an accident for you and your family or any occupant of your vehicle regardless of whose fault it was. Some policies protect a named insured on your policy in another person’s vehicle or as a pedestrian.  Some people SKIP this but there are several good reasons to have this coverage.
1. Your occupants (friends or family) may not have health insurance
2. If the accident is the fault of the other driver and you collect on Med Pay, coverage is immediate and usually not subject to the same Pre-Approval requirements of Health Insurance
3. Even if you eventually collect from the other driver’s insurance you may not have to repay this amount to your insurance company.

Uninsured or Underinsured Motorist
This coverage pays for medical and funeral costs for you and your family in the event you get in an accident with either a hit-and-run driver or a driver who doesn't have enough auto insurance. Uninsured Motorist policies usually cover bicycle and pedestrian accidents, as well as a named insured on your policy in another person’s vehicle. On average, it costs less than $40 a year for $100,000 coverage annually. Given the prevalence of uninsured drivers nationally, this coverage is essential.  Studies show uninsured drivers in California can be from 15% - 29% of all cars on the road!

Collision and Comprehensive
Collision reimburses you for the cost of repairs or replacement of your car after an accident.  Comprehensive covers you in the event your car falls victim to a natural disaster, vandalism or theft. With either coverage, the lower the deductible you choose, the more the policy will cost you. I recommend that you always choose the highest deductible you can afford ($1,000-$5,000 is fine). In effect you save premium dollars by being Self Insured for the deductible amount.  If you have an older car, you might drop this coverage altogether.

Collision and comprehensive, which can account for 30% to 40% of your total premium, are cash-value coverages. That means if your car is damaged, the most you'll recoup is the cash value (See kbb.com and nada.com), which declines precipitously as your car ages. If you have cash in a savings account to repair or replace you car on a moments notice you might skip these coverages. However, if you eliminate the coverages, you'll have to foot the bill if the car is damaged, totaled or stolen.  If it caused by an insured driver it can take weeks or months for the driver’s company to pay out.

Optional coverages:
1. Rental-car reimbursement, which pays as little as $25 or so a day while your car is in the repair shop after a collision.
2. Towing coverage, can be as low as $10 annually. Compare that to the $60 annually to join an Auto Club like CSAA.
3. Full glass coverage, auto glass is expensive and an errant stone can ruin a $500 windshield in the blink of an eye.

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About the author: Mark A. Doughty has practiced personal injury and auto collision law in the Sacramento valley since 1980. For questions or representation see www.GoLaw.com or call 916-645-1917; 530-674-1440.

Sources:
1. http://www.GoLaw.com - My 33 Years of Auto Liability Law Practice in Sacramento Valley, California
2. http://www.smartmoney.com
3. http://www.carinsurance.com
4. http://www.dmv.ca.gov
5. http://www.carinsurance-california.com
6. http://articles.latimes.com
7. http://www.insurance.ca.gov

Contact us for your Sacramento accident lawyer today

At the Law Offices of Mark A. Doughty, you can contact us twenty-four hours a day, and we are available for evening or weekend appointments. If necessary, we will even visit you at home or in the hospital. We accept cases on a contingency fee basis, meaning that you pay no fees unless we obtain a recovery for you. For the convenience of our clients, we have Spanish and Punjabi interpreters available.

If you are injured, contact the Northern California Law Offices of Mark A. Doughty for an accident lawyer in the Sacramento Area.

For Yuba City, CA - call 530.674.1440 

For Sacramento, CA - call 916.979.1917 

For Lincoln, CA - call 916.645.1917 

Go to our website: GoLaw.com
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@Twitter: http://twitter.com/DoughtyLaw
Filed under: Auto Insurance Tips
Topic: Automobile Accidents