California’s seemingly endless stretches of scenic highway practically beg to be driven upon. When drivers take this enthusiasm too far, though, they are not only endangering others but putting themselves at risk of serious criminal charges.
The state of California uses several overlapping statutes to set legal speed limits — in addition to laying out the consequences for when those limits are violated. Most public roadways in the state are given general speed limits that come into effect even if there is no visible limit posted.
Ignorance of these laws is no excuse. Drivers who get involved in a car accident or exhibit reckless behavior will likely see charges if there’s evidence they were driving above the speed limits.
The San Luis Obispo car accident lawyers at our offices have seen the consequences of such accidents first hand. Accident victims and their family members can suffer major injuries, permanent disabilities, and even premature death. Without an attorney at their side to help them recover their financial losses, they may have also been saddled with a lifetime of debt.
To illustrate the legal consequences of speeding in California, take a look at the following laws along with how they might affect a car accident injury case.
California’s Three Sets of Speeding Laws
The state of California uses no less than three main speeding statutes to lay out expectations to drivers and denote what the consequences are for violating these statutes.
While three different sets of laws may seem like overkill, their central goal is actually to reduce confusion. If a driver is familiar with these laws, they will know what their expected maximum speed should be regardless of the last time they saw a visible speed limit sign. The laws can also work to protect drivers facing citations; if your driving didn’t violate the letter or the spirit of the law, you may even be able to get your charges dropped.
California speeding laws are laid out as follows:
Basic Speeding Law — States that drivers should always drive in a manner that is responsible and safe while taking current road conditions into account
Absolute Speed Limits — Describes expected speed limits on major categories of roadways, including freeways, highways, and rural roads
Presumed Speed Limits — Adds to the absolute speed limit laws with categories for railroad crossings, alleys, highway intersections, residential areas, and school zones
A simple rule of thumb is to use the posted speed limit you see, but reduce your speed for conditions that limit visibility or create danger. If you do not see a posted speed limit, you can assume that the expected speed limit falls into one of the roadway categories as described by the three main laws.
California’s Basic Speeding Law
The California basic speeding law is quite broad and to-the-point by design. It simply states this: A person operating a motor vehicle should never drive faster, “than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.”
In other words, you should adjust your speed to road conditions when there are obvious risks. Road conditions like rain, heavy traffic, construction, or narrow lanes can create circumstances where the posted speed limit is still likely to make you and everyone else on the road unsafe.
Because of this law, a driver can get nailed with a speeding citation (ticket) even if they were following the posted speed limit. This scenario is especially likely if the driver gets involved in an accident where they were driving at too fast of a speed to account for road conditions.
Absolute Speed Limits in California
California roadways try to keep drivers informed of designated speed limits, but drivers can always assume that they will not be allowed to drive faster than as follows:
70 mph on certain freeways where that is the posted speed
65 mph on freeways and major highways not posted for 70 mph
55 mph on undivided, two-lane highways with no higher posted speed
The main purpose of this law is to get rid of gray areas while helping drivers be aware that there are limits to their speed no matter where they go. Again, ignorance of these laws is no excuse. California drivers should no that there’s no public road in the state where they are legally allowed to drive above 70 miles per hour.
Presumed Speed Limits for Certain Districts
These laws act similar to the absolute speed laws above but try to designate speed limits for inherently dense or risky areas. Even if there is no speed limit posted for a road or byway, a California driver can assume they are expected to maintain the following speeds:
25 mph in residential neighborhoods, business districts, and all school zones
15 mph in alleys, at all railroad crossings, and at highway intersections where visibility for approaching traffic is less than 100 feet
What Happens When You Break Speeding Laws in California
California state laws lay out what is known as “base fines” for violating the above speed limits or any limits posted along a roadway.
Note that these penalty guidelines just do indeed serve as the base for what drivers can expect to pay. Many counties and municipalities have their own set of rules to add to or modify the state’s base fines laws. Drivers can also expect to pay additional court fees and “penalty assessments” on top of their base fine amount.
All that notwithstanding, here are the state’s base fine amounts according to how fast the driver was going over the speed limit at the time of their violation:
1 mph – 15 mph over: $35
16mph – 25 mph over: $70
26 mph or more: $100
Thanks to our state’s legendarily devil-may-care drivers, there also exists a separate set of penalties for drivers caught going more than 100 miles per hour:
1st offense: Maximum base fine of $500 a possible license suspension up to 30 days
2nd offense: On a second >100 mph speeding conviction within 3 years, drivers face a maximum base fine of $750 and a likely 6-month license suspension or restricted license
3rd offense: Drivers convicted of a third >100 mph violation within 5 years will see base fines up to $1,000 and will likely have their license suspended or restricted for 1 year
Drivers who violate speeding laws, “in willful or wanton disregard for the safety of persons or property,” face additional penalties. These penalties are especially likely if the driver caused a serious accident that lead to a major injury or death.
For a first reckless driving offense, a driver could face between 5 and 90 days in jail alongside fines that can range from $145 to $1,000 — added to the base fines above. A speeding violation that leads to the death of another person could also easily lead to vehicular homicide or manslaughter charges.
In addition to fines and jail time, points may be added to your license. If you accumulate a certain number of points within a specific timeframe, your license will be suspended.
Getting Help from San Luis Obispo Car Accident Lawyers if You Have Been Injured by a Speeding Driver
Car accident victims hurt by the negligent actions of speeding drivers can find consolation through insurance claims or court lawsuits. The speeding driver can be alleged to be the primary or sole cause of the accident that led to the injury, making them potentially liable for the damages they cause. Medical bills, lost income, pain and suffering, and compensation for permanent disfigurement or disability can all be recovered through a successful personal injury claim.
If you have been hurt by a speeding driver, do not hesitate to exercise your right to seek due compensation. You can work with experienced San Luis Obispo car accident lawyers who can file a claim, negotiate with insurers, and help you navigate the court system in beneficial ways. Contact us online or by phone now to schedule your free consultation.
Car accidents are everyday occurrences, but many of us believe that, since we’ve never been in a wreck, we probably never will be. The truth is that the average driver will be in an estimated three to four accidents throughout their lives. If you’ve never been in one, consider yourself lucky.
Whether it’s a simple fender bender or a devastating wreck, knowing what to do after a car accident in California can save you a lot of stress — and even save your life. There are a few steps you should always take to make sure you stay safe after an accident and are able to successfully file a personal injury lawsuit later on.
As San Luis Obispo car accident lawyers, we know the mistakes drivers make after a wreck that have significant effects on their health and wellbeing. Be sure to follow these steps after a car accident:
1. Move to a Safe Area
If your car was not seriously damaged, pull it over to the side of the road and turn on your hazard lights. This will take you out of traffic, and the lights will (hopefully) alert other drivers that you and your car are there.
If you can’t move your car, try to get yourself to the side of the road. If traffic is too heavy for that, stay at the front of your car to lessen the chances of you being struck by another vehicle.
2. Check On Everyone Involved in the Wreck
First, take a deep breath to calm yourself, then check yourself for major injuries. If you have significant injuries, stay put and move to the next step. If you only have minor injuries, check on your passengers. Make sure they are out of harm’s way, then check on everyone in the other car.
If anyone has any serious injuries, do not attempt to move them! Moving them can do much more harm. The exception to this rule is if that person’s life is in immediate danger if they stay where they are, such as if the car is on fire.
While you’re checking on everyone, you may end up talking to the other driver. Never admit fault for the accident. This includes apologizing. You should also never tell them that you’re okay or uninjured; if you’re not a doctor, you can’t accurately diagnose any injuries. Keep your conversation brief and focused on the facts.
3. Call 9-1-1
As soon as it’s safe to do so, call 9-1-1 and request an ambulance along with the police. By getting your injuries evaluated at the scene, you can better show later on that any injuries you sustained were directly related to the accident.
When the police arrive, be sure to give your statement accurately. Avoid assigning blame or being emotional. Simply give your statement of what happened to the best of your knowledge. You will need to retrieve a copy of the police report later if you plan on filing a personal injury lawsuit.
4. Gather Evidence at the Scene
First and foremost, you need to gather information from the other driver. This includes their name, contact information and insurance information. If possible, take a picture of their license so they can’t claim later on they weren’t involved. At the very least, take a picture of their license plate.
You should also take pictures of the scene itself. Take photos of damage to the cars, weather conditions, road conditions, any skid marks, injuries to yourself and to others, and any other information you may think is important. It’s always better to have too much documentation than not enough.
If any witnesses saw the wreck and stayed at the scene, be sure to get their name, contact information and a brief statement of what they saw. Your San Luis Obispo car accident attorney may call these witnesses later on.
5. Call Your Insurer and the DMV
Unfortunately, you will need to call your insurance company and report the accident, even if you weren’t at fault. When you make this call, only provide the minimum information possible. If they ask questions about the accident, tell them politely but firmly that you’d rather wait to get a copy of the police report before saying anything.
Remember, insurance companies are looking out for their bottom line. They’ll ask you seemingly innocent questions, but they’ll be recording the call and using anything you say to pay out the least amount possible. If you’re ever uncomfortable with their questions, let them know you want to speak with your attorney before answering.
In California, you will also need to report the accident to the Department of Motor Vehicles if the accident resulted in injury, death or property damage over $1,000. You must make your report to the DMV within 10 days of the accident.
6. Talk to a Lawyer
Chances are, your insurance company will send you a settlement check after the accident. Before you accept it, talk to an experienced attorney. Many personal injury attorneys offer free consultations, during which they will review your case and the settlement offer and let you know if they believe they can get you a better number.
If you accept the settlement offer, the case is over, and you won’t be able to sue for a greater amount. Free consultations are risk-free, so it’s always in your best offer to at least get the opinion of an attorney before accepting a settlement.
Give Our San Luis Obispo Car Accident Lawyers a Call Today
At Ernst Law Group, your first consultation is always free. If we believe we can get you greater compensation, we’ll take on your case. If we don’t believe we can help you, we’ll let you know that, too. We know the time after a car accident is already stressful enough, and we don’t want you to spend your time and money on the legal process if it won’t be beneficial for you.
If you’ve been injured in a wreck, call our San Luis Obispo car accident attorneys today at (805) 541-0300 or contact us online for your free, no-obligation consultation.
After a car accident, you’ll likely be shaken up and unsure what to do next. Police will be asking questions, and the other person(s) in the wreck may be trying to get information from you. In all this confusion, it’s easy to get lost and forget what you need to do — and that can be dangerous.
As personal injury lawyers, we’ve written about what you should do after different types of vehicle accidents. No matter what kind of accident, one of the most important steps is to seek medical attention. After a car wreck, you may have injuries you don’t realize because they are internal and/or disguised by shock and adrenaline.
In addition, waiting to seek medical treatment could hamper your ability to seek compensation later on. If you wait too long, the other party could claim your injuries were due to some other circumstance after the initial wreck.
Our San Luis Obispo car accident lawyers have seen this problem too many times. By seeking medical attention, you can ensure you stay in good health — and have a better chance of getting the compensation you deserve.
First, Get Treated By EMTs
Your first step after being in a wreck is to call 9-1-1. Be sure to ask for an ambulance. That way, medical professionals can treat you immediately on scene. They may tell you you’re fine, or they may decide you need to go to the hospital.
If they decide you need to go to the hospital, don’t argue. Skipping emergency treatment can be dangerous both for your health and your potential lawsuit. If, on the other hand, the EMTs at the scene don’t think your injuries are too severe, you should still seek further medical attention.
Either Way, Go to Your Doctor
EMTs are excellent at what they do. However, they often work with a limited tool set. After your accident, your doctor can conduct a full evaluation, including x-rays and MRIs as needed. Be sure to either go to urgent care or your general practitioner to make sure you get the full medical treatment you need.
Your treatment shouldn’t stop there, however. Whether you went to the emergency room or you visited your doctor, you should seek follow-up treatment. Your doctor may prescribe a treatment regimen, and you should follow it. Continue treatment until your doctor says you’re done. Otherwise, your initial injury could be made worse.
If you feel symptoms such as pain in the injured area, dizziness, or numbness, go back and get medical treatment immediately. It might be unrelated to the injury, but it’s always better to be safe than sorry.
Where Should You Seek Medical Treatment?
If you can, your best bet is visit your general practitioner and let them recommend any specialists you may need to see. But in some instances, you may need more urgent treatment, and your doctor may be busy. Luckily, there are other options.
Walk-in clinics and urgent care facilities can be great options if your doctor is too busy to see you in a timely manner. These centers are great for normal injuries, like sprains and minor burns. However, if you’re suffering from a more extreme injury, a trip to the emergency room may be in order.
Emergency rooms should be reserved for extreme injuries, such as broken bones, severe burns, breathing difficulties and other severe trauma. ERs are equipped to to handle emergency situations, as their name suggests.
If money is an issue, know that urgent care and walk-in clinics are often cheaper than ERs, but generally provide fewer services. Make sure you check with your insurer to see what your copay and other fees would be.
Keep Track of Your Medical Records
When you speak to a San Luis Obispo car accident lawyer, one of the best pieces of evidence you can supply for them is a detailed record of your medical treatments. Ask your doctor for a copy of your medical records, and review them for any mistakes.
One of the most common mistakes found on these kinds of medical reports is the description of the accident. Make sure the details are correct, including what happened in the wreck and what injuries you sustained. If the accident description in your medical records doesn’t match the description in the police report, more issues may arise down the road.
You should also check to make sure your symptoms are listed correctly in your medical records. For instance, if your symptoms don’t list headaches, nausea and other symptoms of a concussion, it may be harder to include a traumatic brain injury in your lawsuit claims.
The final issue you need to check is your medical history itself. A misleading medical history could keep you from getting the full compensation you deserve. For example, if your doctor lists a history of elbow problems, but you’ve never had any issues before your car wreck, the other party could say your injury was due to a pre-existing condition, not the accident.
Make sure everything in your medical records is completely accurate, and keep records of your treatment. That way, you can help your San Luis Obispo car accident attorney craft a strong case on your behalf.
Speak to a San Luis Obispo Car Accident Lawyer Today
If you’re injured in a car accident, you need experienced legal representation. The attorneys at Ernst Law Group are here to help. We’ve been helping victims of car accidents get the compensation they deserve for nearly 40 years.
Call (805) 541-0300 or contact us online to speak with an experienced San Luis Obispo car accident lawyer today. We’ll review your case for free, and advise you on what we believe are the best steps forward.
September 23 – 29 is Child Passenger Safety Week. Hopefully, we all know that it is important to use an approved car seat for our young children, but the laws regarding the use of car seats require car seats for older children as well.
Children under 2 years old must ride in a rear-facing car seat, unless the child weighs 40 pounds or more, or is taller than 40 inches. Children under the age of 8 must be secured in a car seat, or booster seat in the back seat of the vehicle.
Children who are at least 8 years old or are 4 ft. 9 inches tall may be secured in a booster seat, but at minimum must be secured by a safety belt.
Putting your child in an appropriate car seat or booster is the single most important thing you can do to increase the chances your child will survive a car crash. Still, car crashes are the leading cause of death for children 1 to 13. According to the Centers for Disease Control and Prevention (CDC) in 2015 in the United State 663 children ages 12 years and younger died as occupants in motor vehicle crashes and 121,350 were injured.
One CDC study found that at least 618,000 children ages 0 – 12 rode without a car seat at least some of the time. Of the children ages 0 – 12 who died in car crashes in 2015, 35% were not buckled.
Car seat usage reduces the risk for death to infants under 1 by a staggering 71%, and by 54% for children aged 1 – 4. Booster seat usage reduces the risk of serious injury by 45% for children ages 4 – 8. For older children, the proper use of a seat belt reduces the risk by half.
These statistics should make every parent insist that a car seat is used every time their child rides in a car.
But, the use of a seat is not enough. The seat must be properly installed. Using a booster seat is easy. Just place the child in the seat, secure the latches and use a regular car seatbelt. But, installing a car seat can be very difficult. Many times, one must kneel in the seat to be able to secure the latches to the anchors under the back seat. Sometimes in can be difficult to even get an adult into the back seat to properly install the car seat.
Fortunately, there are many resources available to help anyone install a car seat free of charge.
In our experience, you can go to any CHP office and just ask for help. A trained officer will come out to your car and make sure your seat is installed properly. This is certainly worth 15 minutes of your time.
Many agencies and cities hold Car Seat Safety Checks, also free of charge. This list below, while certainly not comprehensive, will give you an abundance of resources and information concerning car seat usage and installation.
Above all else, please secure your child in a car seat.
If you or your child is injured in a car accident, you have legal options. Contact the San Luis Obispo personal injury lawyers at Ernst Law Group today for a free, no-obligation consultation.
This morning yet another fatal wreck was reported at the Highway 46 Cholome “Y”.
This area is often referred to as Blood Alley due to the abnormally high number of serious crashes at the site. KSBY is reporting that a military Humvee collided head-on with a smaller car. Initial indications are that a blown tire may have caused one of the vehicles to drift into the opposing lane of travel.
The intersection of Highways 41 and 46 is known as the James Dean memorial Junction, in memory of the actor who died in a car crash in that spot on September 30, 1955. The Highway 41 turn-off from Highway 46 is a major route of travel for both passenger vehicles and big-rigs traveling to the US Highway 5, and into the Central Valley, including Fresno.
According to California Department of Transportation statistics, the average daily traffic volume at this intersection is 6,550 vehicles, with a large percentage (23.71%) being large trucks. This many vehicles being driving on narrow, often single lane roads, is a dangerous mix. At this area of the highway there are no barriers between the East- and Westbound lanes. Such a lack of barrier can be critical. There are a variety of reasons why a vehicle might cross into an opposing lane of travel. Drowsy and distracted driving accounts for a large number of traffic collisions.
Distracted Driving Is Deadly
The problem is even more serious when teens are behind the wheel. According to the National Highway Traffic Safety Administration, 21% of teen drivers involved in fatal crashes were distracted by their cell phone.
It is not just texting that results in distracted driving. Studies have shown that hands-free and voice activated calling features can be just as dangerous because the drivers’ attention is not on the roadway conditions.
As a society, we are keenly aware of the potential dangers of drunk driving. There is even a moral component to objections to drunk driving. We know that it is just wrong. But the same is not true for distracted driving. Many of us, probably most, have looked at a text while driving. The vast majority of us have talked on a cell phone while driving.
We think we can do it safely because we can “multi-task” and we only look away for the quickest glance. The statistics don’t bear this out. Thousands of people are being injured and killed as a result of distracted driving.
It’s Not Just Distracted Driving
A sub-set of distracted driving is drowsy driving. Can a single one of us honestly say that we have never driven while struggling to stay alert and awake? According to the AAA Foundation for Traffic Safety, drowsy drivers are involved in an estimated 21% of fatal crashes. This is up from 16.5% in a similar 2010 study.
This is a staggering statistic. Why the increase? We don’t know for sure. Busier roads? More tired drivers on the road? Whatever the reason, this means that thousands of our family members are being killed or injured every year by drivers too tired to pay attention.
Another potential problem is unsafe passing. Because of the 55 MPH speed limit and the large number of big-rigs traveling this route the trip can be slow, especially if you’re stuck behind a slower moving truck.
As San Luis Obispo locals, all of the lawyers at Ernst Law Group have traveled this route many, many times. Over and over we see drivers becoming impatient and attempting to pass when there isn’t enough room, or even crossing double yellow lines where no passing is allowed. When two vehicles traveling at 50 to 60 MPH collide, the consequences are usually fatal. In California, passing over a double yellow line is a violation of Vehicle code § 21460.
In the crash reported this morning, initial reports indicate that a blown tire may have caused one of the vehicles to swerve into the opposing lane causing the head-on wreck. It is unclear yet which vehicle moved into the opposing lane.
Speak to a San Luis Obispo Car Accident Lawyer Today
In wreck like this, any potential lawsuit must examine several factors. First, was it a blown tire that caused the wreck, or was the tire damaged in the wreck? Careful analysis, including accident reconstruction experts will be necessary to answer this question. Second, if a blown tire was the cause, why did the tire blow? Was the tire worn? Or, was the tire defective.
There has been extensive litigation over wrecks caused by defective tires. Finally, one must ask if this wreck would have been avoided by the presence of a barrier between the lanes.
Plans are in the works to turn the Highway 41/46 interchange into an overpass, but funding has delayed the project for years. Hopefully, soon, a barrier will be installed to help prevent tragedies such as this.
If you are involved in a wreck, call a San Luis Obispo car accident lawyer at Ernst Law Group today at (805) 541-0300 for a free, no-obligation consultation.
During the same time period in 2018, there were 2,964 fires that burned 91,646 acres.
The five year average for the same time period is 2,811 fires and 36,967 acres burned.
The statistics above are from CalFire and may be underestimated, according to some reports. Other numbers say that there have been 196,092 acres burned across the state to date. No matter which numbers are the most accurate, one thing is for certain: This year’s wildfire season is already the worst in recorded history.
California experienced a tremendous period of drought from 2012 through 2017. The dead vegetation has left shrubs, trees and grasses dead and ready to burn. The dry vegetation has made it difficult to bring wildfires under control as they speed through forests. Deputy Chief of CalFire, Scott McLean, said, “We are going to be dealing with the impacts of that drought for many years.”
Knowing how to react when you encounter a wildfire in your vehicle is important. Your behavior can keep you safe and help you avoid a collision. If you are in a crash, a San Luis Obispo car accident lawyer can assist you. Read on to learn how to avoid the perils of a wildfire.
Driving Safely During Wildfire Season
Driving during wildfire season is no different than driving during any other time of year unless, of course, you encounter a wildfire. If you are forced to evacuate your home or encounter a fire while driving, there are maneuvers you can take to keep yourself as safe as possible.
1. Stay Ahead of the Fire
Don’t wait until the last minute to evacuate. Staying ahead of the fire is the best way to maintain your safety. If you are told to evacuate, do so even if the order is worded in such a way that your leaving is voluntary.
2. Slow and Steady
If you encounter a fire or thick clouds of smoke, keep your vents closed and your headlights on. Stay alert for other drivers and pedestrians. Drive slowly and stay aware. There could be wildlife or livestock trying to get away just like you are.
If you cannot see through the wall of smoke, know that others are having the same difficulty. Don’t be afraid to use your horn to alert people to your presence.
3. Look for a Structure
If you are forced to stop your vehicle due to a nearby fire, look for a solid structure to park next to. The structure will block some of the heat that you experience.
If there is no structure, try to park in as open a space as possible. Trees, shrubs and other combustibles should be avoided if possible.
4. Stay In Your Car When Facing a Fire
Resist the urge to get out of your car and run. Few people can outrun a wildfire, meaning you will be safer in your vehicle. Get down on the floor and cover yourself with a blanket if you have one.
Understand that your car may sway from the wind and that sparks could enter your vehicle. It will be easy to panic, but remaining as calm as possible will help you think clearly and make smart decisions.
5. Get Out When It’s Safe
Exit your vehicle once the fire wall has passed. Call emergency services and wait for instructions.
Speak to a San Luis Obispo Car Accident Lawyer Today
Reach out to our office if you are involved in a car accident caused by a third party. We are a San Luis Obispo car accident attorney and are here to protect your rights. Your first consultation will be held at no cost to you.
KSBY is reporting that a large semi truck rear-ended a passenger car early Monday morning.
The wreck happened near Bonita Elementary School. The photograph above shows that entire rear portion of the car, all the way up to the front seat compartment, was totally destroyed. The driver was reportedly rushed to the hospital. Thankfully, at least at this point, there is no word that a rear-seat passenger was present.
Commercial truck accidents nearly always result in fatalities or severe injuries, due primarily to the huge weight discrepancies between fully loaded trucks and passenger cars.
This wreck was reportedly a rear-end collision. Such collisions are usually the result of distracted driving or excessive speed, or a combination of the two. We do not yet know why this wreck occurred.
In California, the Basic Speed law requires drivers to drive at a speed that is safe for conditions. In fact, in civil cases a jury instruction explaining the Basic Speed Law is given to jurors to aid in their deliberations:
CACI 706.Basic Speed Law (Veh. Code, § 22350) A person must drive at a reasonable speed. Whether a particular speed is reasonable depends on the circumstances such as traffic, weather, visibility, and road conditions. Drivers must not drive so fast that they create a danger to people or property.
It is yet to be determined if the truck had any collision avoidance features installed. The National Highway Traffic Safety Administration has long advocated for such systems to be installed on large commercial vehicles. Crash avoidance systems range from a simple auditory notice, all the way up to actual automatic breaking. Given the consequences of a rear-end collision involving a semi truck, any additional safety measures should be added at any cost.
Collision avoidance systems and video recorders are two of the NTSB’s top 10 most wanted improvements for 2017-2018.
Bendix Wingman Advanced is one popular system. Modern collision avoidance systems can alert drivers to hazards, slow a truck and even bring the vehicle to a stop in an emergency:
At Ernst Law Group, our attorneys focus on wrongful death and catastrophic injuries resulting from semi truck accidents in San Luis Obispo. Handling such a case is far more complicated than standard car vs. car rear-ender. Handling a trucking collision case requires lawyers with the training, knowledge, skill and resources to take on a big company and its insurance company.
The lawyers at Ernst Law Group are available for a no cost, no obligation consultation if you or a loved one has been injured in a truck collision. Contact us online or call us at (805) 431-2710 today.
Tort law is more commonly known to people as personal injury law. A person injured by another’s negligence or error is permitted to seek compensation for financial losses and other damages because of this area of law. A victim of a crime or intentional act also has the legal right to seek damages. Not every case of injury will result in a personal injury case. Here are some of the most common types of personal injury cases in San Luis Obispo.
Car Accidents
Injuries sustained in a car accident result in the greatest number of personal injury cases in the country. This is because when a car accident happens, someone was typically negligent or made some type of error. A person has a duty of care when they get behind the wheel of their car. A person who does not obey the rules of the road or operate their vehicle in a safe manner can cause an accident that results in someone’s injury or death.
Medical Malpractice
A medical malpractice claim is issued when a patient is harmed by a medical professional in some way. A medical malpractice case may be incredibly complex. This is why hiring an experienced attorney is necessary in order to receive fair and adequate compensation. A medical malpractice claim may arise out of a surgical mistake, medication error or a failure in the requirement of a medical professional to adhere to the currently accepted standard of care.
Slip and Fall
A slip and fall case may be filed when a person slips and falls on someone’s property if that property was not maintained in such a way that kept it free of hazards. For example, a person may trip over a crack in a sidewalk that the property owner was aware of. A property owner may not make a repair on a staircase, ultimately causing a person to slip and fall. Not all cases of a person coming off their feet will result in a lawsuit, but many do.
Dog Bites and Attacks
If your dog bites and injures someone, you are liable for those injuries in most states. Dog bites can damage skin and underlying tissue. Medical intervention is almost always necessary when a person is bitten or otherwise attacked by a dog, making this one of the most common reasons for a personal injury claim. In some states, there is a “one bite” rule. In other states, a dog must have shown aggression in the past for a victim to be legally able to file a lawsuit seeking compensation for their losses.
No matter how or why you have been injured in San Luis Obispo, if the cause was someone’s negligence or error, you may have a successful lawsuit on your hands. Reach out to our experienced team of personal injury attorneys today for a free case evaluation. We will help you determine if what happened to you is compensable under current state law. Call our office today to schedule your consultation.
Landslides are an environmental danger that could very easily take your life and the lives of those you love if you are not prepared. While you certainly cannot prepare for all of life’s dangers, this is one that you can survive if you know what to look for and how to respond. Living in California, or anywhere with steep landforms and wet weather, means that you need to be prepared for the possibility of a landslide.
Warning Signs
Most landslides don’t occur “out of nowhere.” There are plenty of signs that a slide may be imminent. These warning signs include:
Saturated ground that does not receive regular moisture
Newly appearing cracks or bulges in the ground
Soil that has moved away from foundations of homes or other buildings
Structures like telephone poles and trees that begin leaning to the side
Sunken road beds
Rapid increase in creek or river water levels
Sudden decrease in creek or river water levels after rain has stopped
Doors and windows that suddenly stick
Unusual sounds outside: boulders clicking together, trees cracking, a rumbling
Hillsides where leach field septic systems are located
Landslides are least likely to occur on non-jointed bedrock, on flat areas that are set back from the tops or bottoms of slopes, and along the nose of ridges.
How to Prevent a Landslide Near Your Home
Before you build or purchase a home, have the property assessed by a professional. Get a geologic survey, and ask about landslides that have occurred in your area. Once you have purchased a property, look at how the rainwater flows and collects. If you notice that rainwater is collecting, it may be in your best interest to contact a professional to discover the source of the problem.
Know where you should go if a landslide occurs. You should also know how residents are informed of landslides. Develop an emergency plan for your family just as you would develop a plan for a fire or weather hazard.
You can build retaining walls on your property or plant ground cover to hold the dirt together. If you have a path for water runoff that you eventually notice, build deflection walls or channels. Use flexible piping under the ground that is resistant to breakage.
There are a variety of things you can do to make your home and property safer should a landslide occur. Speak with a local building inspector to see what they suggest. In the event that a landslide couldn’t be prevented or seen coming, you may be able to save your life and property.
If you are injured in a landslide or involved in some type of accident because of a landslide in San Luis Obispo, reach out to our personal injury team. We will review the details of your incident and help you determine if someone should be held liable for your financial losses. Call our team of experienced personal injury lawyers today.
In December 2017, the Citrus County Sheriff’s Department in Florida launched a driver safety campaign they called “Avoid the 7 Deadly Sins of Driving.” These “sins” are the leading causes of car accidents in Florida. However, they are problems for drivers throughout the country. According to the Citrus County Chronicle’s report, the 7 deadly sins are:
Distracted Driving
Speeding
Reckless Driving
Running red lights or Stop signs
Driving too fast for conditions
Driving while drowsy
Drunk Driving
The remedies for these 7 Deadly Sins, according to the Sheriff’s office, are:
Keep your eyes on the road and hands on the wheel
Obey speed limits
Be patient and courteous
Don’t try to “beat the light”
Drive cautiously during bad weather
Don’t drive if you’re fatigued
Never drink and drive, even if you’re just feeling tipsy
The Dangers of Driving Too Fast
These are all good reminders, but most are common sense. However, one issue that is often ignored or misunderstood is driving too fast for conditions. Many people don’t know that the posted speed limit is the maximum speed. If the conditions— such as traffic, weather, road conditions— make the posted speed limit unsafe, you must slow down.
You can get a ticket driving 65 mph on the freeway if the officer determines that 65 mph was unsafe for the current conditions. Most of have seen a car passing us at about the posted speed when everyone else is driving at 50 mph due to heavy rain. That driver is subject to a citation even if he is at, or even under, the posted speed limit. This is known as the “Basic Speed Law” Vehicle Code § 22350:“No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.”
The Crash Statistics at NHTSA considers a speed related crash to be any crash involving a car traveling in excess of the posted speed limit, or exceeding the safe speed limit for conditions. In 2015, 48,613 drivers were involved in 32,166 fatal crashes. In these fatal crashes, 35,092 people were killed. 27% of those killed were in a crash involving at least one speeding driver. That means nearly 9,500 people were killed as a result of speed-related accidents in a single year.
The Importance of Driving Safely
We all think it won’t happen to us, Or, that we are safe drivers. But the statistics don’t lie. It just isn’t worth it. Consider the math. A 100 mile trip at 65 mph will take about 1.5 hours of driving time. The same trip at 75 mph will take 1.33 hours. About 10 minutes. Is reducing the risk of a fatal crash by 27% worth 10 minutes of your time? It should be. Please slow down and be safe.
If you are involved in a car accident in San Luis Obispo, contact our team of experienced car accident attorneys today. No matter how severe your accident was, we are here to help you get the financial compensation you deserve. Call us at (805) 541-0300 or contact us online for a free case evaluation. We will work with you to determine your needs and figure out how we can best assist you.