# California Trial Lawyers > San Luis Obispo Personal Injury Attorney --- ## Pages - [Shop](https://www.ernstlawgroup.com/shop/) - [Style Guide](https://www.ernstlawgroup.com/style-guide/) - [Webinar Materials](https://www.ernstlawgroup.com/webinar-materials/): Webinar Materials And Slides? We’ve Got You Covered! Enter your name, email and phone, and we will send you the... - [Refer a Case to Ernst Law Group | California Trial Lawyers](https://www.ernstlawgroup.com/referral/): Need a Trusted Partner for Your Biggest TBI Cases? We handle high-stakes litigation. Secure, easy referrals with proven results. $63... - [Privacy Policy](https://www.ernstlawgroup.com/privacy-policy/): Our Commitment to Privacy Your privacy is very important to us. We want you to use Ernst Law Group with... - [Brain Injury Home](https://www.ernstlawgroup.com/brain-injury-resource-center/): California Brain Injury Resources Brain injuries are complicated, and you deserve to know as much as possible concerning your diagnosis.... - [California Trial Lawyers](https://www.ernstlawgroup.com/): NOT JUST US More than just a legal firm We are a catalyst for change, turning the tide in favor... - [The American Board of Trial Advocates](https://www.ernstlawgroup.com/the-american-board-of-trial-advocates/): The American Board of Trial Advocates Don Ernst has been an American Board of Trial Advocates member at the rank... - [Contact Us](https://www.ernstlawgroup.com/contact-us/): Contact us today for a free consultation! Fill out the form below to Get a free consultation Your Name* Phone*... - [Blog](https://www.ernstlawgroup.com/blog/) - [About us](https://www.ernstlawgroup.com/about-us/): San Luis Obispo Lawyers The Ernst Law Group is a Plaintiff Trial Lawyer firm. Don Ernst has been leading his... - [Danielle Miller](https://www.ernstlawgroup.com/attorneys/danielle-miller/): Danielle Miller Attorney Danielle earned both her J. D. and M. L. S. degrees from San Luis Obispo College of... - [Attorneys](https://www.ernstlawgroup.com/attorneys/): Our experienced Attorneys Meet Our Team of Winning California Lawyers At Ernst Law Group, our team of highly experienced attorneys... - [Case Results](https://www.ernstlawgroup.com/case-results/): Our triumphant Case results $119million Confidential Settlement: $119M Achieved $89million The lawsuit was filed after a Fortune 500 company consistently... - [Taylor Ernst](https://www.ernstlawgroup.com/attorneys/taylor-ernst/): Taylor ERNST Attorney Taylor Ernst is recognized throughout the state as a brain injury trial specialist. With the recent award... - [Don Ernst](https://www.ernstlawgroup.com/attorneys/don-ernst/): Don ERNST Attorney Don Ernst is a trial lawyer that believes in Justice with a capital “J. ” With more... - [Nigel Whitehead](https://www.ernstlawgroup.com/attorneys/nigel-whitehead/): nigel whitehead Attorney Nigel Whitehead is the senior trial attorney at the Ernst Law Group. He handles primarily complex personal... - [Terry Kilpatrick](https://www.ernstlawgroup.com/attorneys/terry-kilpatrick/): terry kilpatrick Attorney Terry Kilpatrick is the cornerstone in multiple seven- and eight-figure verdicts, judgments and settlements. They include class... - [Chris Edgington](https://www.ernstlawgroup.com/attorneys/chris-edgington/): chris edgington Attorney Christopher D. Edgington, Esq. has been practicing law in the Central Coast since 1999 and has been... --- ## Posts - [The most important safety tips for California truck drivers](https://www.ernstlawgroup.com/blog/safety-tips-for-truck-drivers/): Part of your commercial truck driving training probably stressed the serious consequences of getting into an accident and effective defensive... - [How does it work if my personal injury case goes to trial?](https://www.ernstlawgroup.com/blog/how-do-personal-injury-trials-work/): If you’re working with a San Luis Obispo personal injury attorney, there’s a good chance your case will be resolved... - [Can stress make a TBI worse?](https://www.ernstlawgroup.com/blog/can-stress-make-a-tbi-worse/): A traumatic brain injury (TBI) often occurs during one of the most stressful times of a person’s life, and the... - [Most dangerous roads in California](https://www.ernstlawgroup.com/blog/most-dangerous-roads-in-california/): 5 Most Dangerous Roads in California California is a spectacular state filled with stunning scenery and is the most populated... - [Are dump trucks responsible for broken windshields in California?](https://www.ernstlawgroup.com/blog/are-dump-trucks-responsible-for-broken-windshields/): When trucks hauling material on California highways cause a broken windshield, understanding whether you can seek compensation can be a... - [Do personal injury lawyers always win?](https://www.ernstlawgroup.com/blog/do-personal-injury-lawyers-always-win/): We wish! Even the best personal injury lawyers sometimes fail. Sometimes, the jury falls for an emotional (but baseless) argument... - [When can I sue my landlord for personal injury in California?](https://www.ernstlawgroup.com/blog/can-i-sue-my-landlord-for-personal-injury/): California law permits tenants to file a personal injury lawsuit if the landlord’s negligence caused the tenant injury. For example,... - [California helmet laws: How the law affects brain injury cases](https://www.ernstlawgroup.com/blog/california-helmet-laws-how-the-law-affects-brain-injury-cases/): California is a haven for cyclists, motorcyclists, and outdoor enthusiasts, but these exhilarating activities carry the potential for accidents. Head... - [When do semi-truck accidents go to trial?](https://www.ernstlawgroup.com/blog/do-semi-truck-accidents-go-to-trial/): More semi-trucks travel along California’s highways, from the 101 to the Golden State Freeway, than nearly any other state in... - [How federal regulations for truck drivers affect liability in California](https://www.ernstlawgroup.com/blog/federal-truck-driver-regulations-and-liability/): California commercial truck drivers must follow state traffic laws and Federal Motor Carrier Safety Administration (FMCSA) regulations, which are designed... - [How to file an injury claim against a business](https://www.ernstlawgroup.com/blog/how-to-file-an-injury-claim-against-a-business/): If you suffer a personal injury in California and a company is fully or partly to blame, you may have... - [Recognizing the impact of traumatic brain injuries on families](https://www.ernstlawgroup.com/blog/recognizing-the-impact-of-traumatic-brain-injuries-on-families/): Traumatic brain injuries (TBIs) affect millions of Americans every year, yet the reported numbers don’t address the burden their families... - [3 reasons why you need a skilled California truck rollover accident lawyer](https://www.ernstlawgroup.com/blog/3-reasons-why-you-need-a-truck-rollover-accident-lawyer/): Rollover semi-truck accidents are devastating, often leaving victims with severe injuries and overwhelming medical expenses. Due to the serious injuries... - [What are the most common causes of truck accidents in California?](https://www.ernstlawgroup.com/blog/common-causes-of-truck-accidents-in-california/): One of the most common causes of truck accidents is human error. Whether it’s the driver making a mistake, an... - [If a tow truck damages your car, are they liable?](https://www.ernstlawgroup.com/blog/is-a-tow-truck-liable-if-it-damages-your-car-2/): After an accident or malfunction, you expect the tow truck driver and towing company to safely deliver your car or... - [Understanding the rise of class action lawsuits in the entertainment industry](https://www.ernstlawgroup.com/blog/rise-of-class-action-lawsuits-in-the-entertainment-industry/): The entertainment industry is more than just Hollywood. It covers video games, sports, movies and TV, and social media. Media... - [Can traumatic brain injury cause a change in personality?](https://www.ernstlawgroup.com/blog/can-a-brain-injury-cause-a-change-in-personality/): After a loved one suffers a brain injury, it’s not uncommon for friends and family to notice what seems like... - [How to Prevent Fatal Motorcycle Crashes](https://www.ernstlawgroup.com/blog/how-to-prevent-fatal-motorcycle-crashes/): Motorcycle crashes can be devastating, and unfortunately, they often result in fatal injuries. According to the National Highway Traffic Safety... - [Who Is At Fault in Truck Accidents in California?](https://www.ernstlawgroup.com/blog/who-is-at-fault-in-truck-accidents-company-vs-driver-getting-compensation-for-california-truck-accidents/): The aftermath of a truck accident is overwhelming. The injuries you sustain can have devastating, lifelong consequences and astronomical medical... - [Factors That Influence the Length of Your Truck Accident Case](https://www.ernstlawgroup.com/blog/factors-that-influence-the-length-of-your-truck-accident-case/): As experienced truck accident lawyers in San Luis Obispo, we have represented thousands of clients. One of the questions we... - [Can I Go to Court If My Insurance Claim Is Denied?](https://www.ernstlawgroup.com/blog/can-i-go-to-court-if-my-insurance-claim-is-denied/): When you file an insurance claim, you expect that your claim will be honored and that the insurer will help... - [Dog Bite Statistics You Need to Know](https://www.ernstlawgroup.com/blog/dog-bite-statistics-need-know/): While many people fear being bitten by a dog, most don’t know just how common dog bites really are. According... - [Interstate vs. intrastate trucking: What’s the difference, and why does it matter?](https://www.ernstlawgroup.com/blog/interstate-vs-intrastate-trucking/): Regarding interstate vs intrastate trucking, the difference lies in where a truck travels. An interstate trucker can legally travel across... - [How to prove liability in cargo truck accidents](https://www.ernstlawgroup.com/blog/how-to-prove-liability-in-cargo-truck-accidents/): Cargo truck accidents often lead to severe injuries, significant property damage, and even fatalities. Establishing liability in a cargo truck... - [Underride accidents: Understanding the dangers and rights of victims](https://www.ernstlawgroup.com/blog/underride-accidents-your-rights-as-a-victim/): Underride accidents are among the most devastating types of crashes on the road, often resulting in catastrophic injuries or fatalities.... - [Revolutionizing TBI diagnosis: How blood tests are changing traumatic brain injury detection and care](https://www.ernstlawgroup.com/blog/tbi-blood-test/): Until now, diagnosing a traumatic brain injury (TBI) often involved a combination of subjective assessments—like patient-reported symptoms, neurological exams, and... - [How can I protect my child from concussions in sports?](https://www.ernstlawgroup.com/blog/how-to-protect-child-from-concussions-in-sports/): A concussion is a brain injury caused by a sudden impact or blow to the head, which can occur in... - [What to do if a loved one is killed in a truck accident](https://www.ernstlawgroup.com/blog/what-to-do-if-a-family-member-is-killed-in-a-truck-accident/): Losing a loved one is heartbreaking, but when that loss happens suddenly in a truck accident, the emotional and financial... - [Psychological impacts of traumatic brain injuries](https://www.ernstlawgroup.com/blog/psychological-effects-of-tbi/): Traumatic brain injuries (TBIs) don’t just impact your physical health—they can turn your entire emotional and psychological world upside down.... - [The importance of early diagnosis and treatment of TBI](https://www.ernstlawgroup.com/blog/early-tbi-diagnosis/): Traumatic brain injuries (TBI) are some of the most serious and potentially life-altering injuries a person can sustain. Often resulting... - [Watch out for these common signs of brain injury after an accident](https://www.ernstlawgroup.com/blog/signs-of-brain-injury-after-an-accident/): Brain injuries can be devastating, and they don’t always show immediate symptoms. If you’ve been involved in an accident, recognizing... - [Maximizing your recovery: How to secure spinal cord injury compensation in California](https://www.ernstlawgroup.com/blog/spinal-cord-injury-compensation/): At Ernst Law Group, we are committed to helping injury victims secure the compensation they need to rebuild their lives.... - [Long-term care for brain injury patients](https://www.ernstlawgroup.com/blog/long-term-care-for-brain-injury-patients/): Long-term care for traumatic brain injury (TBI) patients involves a comprehensive approach to managing the physical, cognitive, and emotional impacts... - [Medicare and personal injury settlements: Will they take my settlement?](https://www.ernstlawgroup.com/blog/medicare-and-personal-injury-settlements/): Dealing with a personal injury is challenging enough without the added complexity of navigating Medicare’s involvement in your settlement. If... - [Here’s how California CARB regulations may affect your injury case](https://www.ernstlawgroup.com/blog/california-carb-regulations-for-trucks/): California’s CARB regulations significantly impact personal injury law, particularly in cases involving truck accidents and air quality-related health issues. Here’s... - [Truck accident compensation: Know what you may be entitled to](https://www.ernstlawgroup.com/blog/truck-accident-compensation-know-what-you-may-be-entitled-to/): Truck accidents can have devastating consequences, leading to severe injuries, significant property damage, and substantial financial burdens. At Ernst Law... - [What freeway has the most truck accidents in California?](https://www.ernstlawgroup.com/blog/what-freeway-has-the-most-accidents-in-california/): The movement of goods by commercial trucks over California’s extensive network of freeways comes with a risk of accidents that... - [10 Actions To Take After A Motorcycle Accident](https://www.ernstlawgroup.com/blog/10-actions-to-take-after-a-motorcycle-accident/): FAST FACTS Being involved in a motorcycle accident is frightening, to say the least. If you are lucky enough to walk away... - [Can I Sue My Employer For Personal Injury?](https://www.ernstlawgroup.com/blog/can-i-sue-my-employer-for-personal-injury/): Most of the time, you cannot sue your employer for personal injury in California. This is the rule that most... - [Can I Sue My School For Personal Injury?](https://www.ernstlawgroup.com/blog/can-i-sue-my-school-for-personal-injury/): You can sue your school for personal injury if the school did something to cause the injury. This means that... - [Our Community](https://www.ernstlawgroup.com/blog/community/): The Ernst Law Group Community Protecting Californians Our firm is not like other trial lawyer firms. When we find a... - [Ernst Law Group History](https://www.ernstlawgroup.com/blog/history/): Don Ernst helped establish his firm in San Luis Obispo in 1980. He is a third generation San Luis Obispo... - [Danger on the 10: San Bernardino Freeway truck accidents](https://www.ernstlawgroup.com/blog/san-bernardino-freeway-accidents/): Communities along the San Bernardino Freeway are some of the fastest-growing areas in the Inland Empire. Industry expansion and the... - [Concussions in sports: Legal recourse in California](https://www.ernstlawgroup.com/blog/concussions-in-sports-legal-recourse-in-california/): Concussions in sports are an unfortunate part of the game. Blows to the body or head cause trauma, bringing potential... - [California traumatic brain injury statistics](https://www.ernstlawgroup.com/blog/california-traumatic-brain-injury-statistics/): These injuries are more common than you think Traumatic brain injuries (TBIs) can lead to temporary or permanent effects, ranging... - [These recent I-5 truck accidents will make you want to drive safely](https://www.ernstlawgroup.com/blog/these-recent-i-5-truck-accidents-will-make-you-want-to-drive-safely/): California’s Interstate 5 stretches over 1,300 miles along the west coast, connecting California, Oregon, and Washington. As one of the... - [These are the most common types of truck accidents in California](https://www.ernstlawgroup.com/blog/common-types-of-truck-accidents-in-california/): Truck accidents in California are caused by negligence, recklessness, weather, and inexperience. When they do happen, they create numerous injuries... - [Five steps to take after being hit by a delivery truck in Los Angeles](https://www.ernstlawgroup.com/blog/five-steps-to-take-after-being-hit-by-a-delivery-truck-in-los-angeles/): Accidents with delivery trucks come with unique complications. However, there are steps you can take, even right at the scene,... - [January is Winter Sports TBI Awareness Month](https://www.ernstlawgroup.com/blog/winter-sports-tbi-awareness-month/): January is National Winter Sports Traumatic Brain Injury Awareness Month. At Ernst Law Group, we want to give you tips... - [What is proximate cause in brain injury cases?](https://www.ernstlawgroup.com/blog/proximate-cause-in-brain-injury-cases/): Brain injuries are severe and tend to be life-changing. These injuries are medically complex and require extensive knowledge to recover... - [Vocational rehabilitation in brain injury cases: Helping you feel your best](https://www.ernstlawgroup.com/blog/vocational-rehabilitation-for-brain-injury/): A traumatic brain injury (TBI) is damage to the brain tissue, usually occurring in a closed head injury. The brain... - [Liability in traumatic brain injury cases](https://www.ernstlawgroup.com/blog/liability-in-traumatic-brain-injury-cases/): Find who’s at fault and get compensation You may have heard attorneys talk about traumatic brain injury liability, but what... - [Financial assistance for traumatic brain injury victims in California and beyond](https://www.ernstlawgroup.com/blog/financial-assistance-for-traumatic-brain-injury-victims/): It is being discovered that traumatic brain injury (TBI) affects more people than was ever realized. Advances in screening and... - [Here’s how traumatic brain injury affects daily life](https://www.ernstlawgroup.com/blog/how-traumatic-brain-injury-affects-daily-life/): A traumatic brain injury can disrupt every area of a person’s life, impacting their ability to carry out daily activities.... - [Amputee support groups in California](https://www.ernstlawgroup.com/blog/amputee-support-groups-in-california/): Find your community with these resources Californians are resilient under pressure and adapt to overcome obstacles that sometimes seem insurmountable.... - [What victims need to know about boating under the influence in California](https://www.ernstlawgroup.com/blog/what-victims-need-to-know-about-boating-under-the-influence-in-california/): Mixing boating and alcohol can often lead to serious accidents like boat collisions or accidental drowning. If you’ve been harmed... - [Protecting the rights of brain injury victims in nursing homes](https://www.ernstlawgroup.com/blog/protecting-the-rights-of-brain-injury-victims-in-nursing-homes/): A moderate to severe brain injury often causes permanent brain damage or the onset of dementia. Many brain injury victims... - [Surprising impact of brain injury on relationships](https://www.ernstlawgroup.com/blog/surprising-impact-of-brain-injury-on-relationships/): Brain injuries have both direct and indirect victims: the person harmed, as well as their family and loved ones. It’s... - [The importance of rehabilitation in brain injury cases](https://www.ernstlawgroup.com/blog/the-importance-of-rehabilitation-in-brain-injury-cases/): A brain injury impedes your ability to do things you enjoy, develop fulfilling relationships with others, and even care for... - [Brain injury settlements out of court: Process and considerations](https://www.ernstlawgroup.com/blog/brain-injury-settlements-out-of-court-process-and-considerations/): After an accident that causes a brain injury, the victim and their family may file a suit for damages against... - [Is lane-splitting legal in California?](https://www.ernstlawgroup.com/blog/motorcycle-lane-splitting-laws-in-california/): Is lane-splitting legal in California? Love it or hate it—yes, lane-splitting is legal in California. But just because it’s allowed... - [California car accident statistics: It’s not all golden in the Golden State](https://www.ernstlawgroup.com/blog/california-car-accident-statistics-its-not-all-golden-in-the-golden-state/): If you’re one of the many who’ve been injured in a car accident in the Golden State, you could have... - [Brain Injury Awareness Month: March 2022](https://www.ernstlawgroup.com/blog/brain-injury-awareness-month-march-2022/): Since March is Brain Injury Awareness Month, it is a great time to educate yourself on what brain injuries are,... - [Electric Vehicle Battery-Fueled Fires More Deadly Than Gas-Powered, Experts Warn](https://www.ernstlawgroup.com/blog/electric-vehicle-battery-fueled-fires-more-deadly-than-gas-powered-experts-warn/): California Family’s Home Burns Down Due to Tesla Fire in Garage A series of high-profile lawsuits involving well-known electric vehicle... - [Fatal Bicycle Accident Involving Amerifreight Truck](https://www.ernstlawgroup.com/blog/fatal-bicycle-accident-involving-amerifreight-truck/): The Ernst Law Group is investigating a fatal bicycle accident including an Amerifreight truck and a bicyclist that occurred at... - [5 Key Questions to Ask Your Car Accident Lawyer](https://www.ernstlawgroup.com/blog/5-questions-ask-car-accident-lawyer/): When you’re thinking about filing a personal injury claim in the aftermath of your car accident, a lawyer can help... - [The Most Important Steps to Take After a Car Accident](https://www.ernstlawgroup.com/blog/steps-to-take-after-car-accident/): Millions of vehicles use the roads around San Luis Obispo every year. That means the risk of getting into a... - [I Have Been Injured in a Hit and Run Accident — Now What?](https://www.ernstlawgroup.com/blog/injured-in-hit-run-accident/): Hit and run car accidents can be devastating. In addition to physical pain, they also cause the mental anguish of... - [What You Should Know about Rideshare Accidents in California](https://www.ernstlawgroup.com/blog/what-you-should-know-about-rideshare-accidents-in-california/): Rideshare companies like Uber and Lyft make it so much easier to get around San Luis Obispo and other areas... - [How to Calculate Lost Wages after a Car Accident](https://www.ernstlawgroup.com/blog/how-to-calculate-lost-wages-after-car-accident/): After a car accident in San Luis Obispo, you may be entitled to compensation if you weren’t at fault. Your... - [What Kinds of Damages Can I Recover After a Car Accident?](https://www.ernstlawgroup.com/blog/what-kinds-of-damages-can-i-recover-after-a-car-accident/): FAST FACTS Car accidents in the U. S. cause $871 B in damages annually California spent $7,549 per person on... - [Fatal Big-Rig Crash in Orcutt](https://www.ernstlawgroup.com/blog/fatal-big-rig-crash-in-orcutt/): A tragic wreck was reported this morning. A big-rig is alleged to have run a red light and struck multiple... - [Everything You Need to Know about Semi Truck Accidents in California](https://www.ernstlawgroup.com/blog/everything-you-need-to-know-about-semi-truck-accidents-in-california/): Commercial vehicles cover about 30 million miles per day in California. Because there are so many semi trucks and other... - [Bus Driver Arrested After Las Alamos Bus Crash](https://www.ernstlawgroup.com/blog/bus-driver-arrested-los-alamos-crash/): According to KSBY, Laur Mae Gish, age 50, of Goleta, was arrested Friday afternoon for being under the influence of... - [Where and When Car Accidents Happen Most Often](https://www.ernstlawgroup.com/blog/car-accidents-happen-often/): Car accidents are a daily occurrence in San Luis Obispo. You probably pass at least one every week during your... - [What California's Laws Have to Say About Speeding](https://www.ernstlawgroup.com/blog/what-californias-laws-have-to-say-about-speeding/): California’s seemingly endless stretches of scenic highway practically beg to be driven upon. When drivers take this enthusiasm too far,... - [What to Do After a Car Accident in California](https://www.ernstlawgroup.com/blog/what-to-do-after-a-car-accident-in-california/): Car accidents are everyday occurrences, but many of us believe that, since we’ve never been in a wreck, we probably... - [What Can Happen if Semi-Trucks Are Overloaded](https://www.ernstlawgroup.com/blog/what-can-happen-if-semi-trucks-are-overloaded/): FAST FACTS About 4,440 buses and trucks were involved in fatal accidents in 2016. Most fatal accidents happened on major... - [The Risks of Driving Around Semi Trucks (And How to Avoid Them)](https://www.ernstlawgroup.com/blog/the-risks-of-driving-around-semi-trucks-and-how-to-avoid-them/): FAST FACTS Semi trucks travel around 15. 5 million miles a day in CA There were 361 fatalities from semi... - [What Medical Professionals Should I Visit After a Car Accident in San Luis Obispo?](https://www.ernstlawgroup.com/blog/what-medical-professionals-should-i-visit-after-a-car-accident-in-san-luis-obispo/): After a car accident, you’ll likely be shaken up and unsure what to do next. Police will be asking questions,... - [Camp Fire: Everything You Need to Know](https://www.ernstlawgroup.com/blog/camp-fire-everything-you-need-to-know/): Camp Fire started on November 8, 2018, and became the most destructive and deadliest wildfire in California history. Beginning on... - [How to Avoid the Most Common Motorcycle Accidents](https://www.ernstlawgroup.com/blog/avoid-common-motorcycle-accidents/): FAST FACTS Motorcycles have over a fatal accident risk over 25x higher than cars and trucks Riders have to anticipate... - [Mastering Motorcycle Safety as a New Rider](https://www.ernstlawgroup.com/blog/safety-tips-motorcycle-novices/): It’s hard to argue that riding a motorcycle can be exciting. The feeling of the open road, the wind whipping... - [Teen Motorcyclist Killed on Highway 101](https://www.ernstlawgroup.com/blog/teen-motorcyclist-killed-highway-101/): Another tragic case was reported this week. An 18-year-old motorcyclist was killed on October 6, 2018 on Highway 101 just... - [How Drug Use Influences Trucking Accident Statistics](https://www.ernstlawgroup.com/blog/drug-use-influences-trucking-accident-statistics/): FAST FACTS 30% of truckers have admitted to amphetamine use. Nearly 20% have admitted to using marijuana. Approximately 3% have... - [Back to School Safety Tips](https://www.ernstlawgroup.com/blog/back-school-safety-tips/): It’s that time of year again: the kids are back in school. While there are no doubt a lot of... - [Car Seat Safety for Young Passengers](https://www.ernstlawgroup.com/blog/car-seat-safety-for-young-passengers/): September 23 – 29 is Child Passenger Safety Week. Hopefully, we all know that it is important to use an... - [Semi Truck Accidents: Investigations and Dash Cams](https://www.ernstlawgroup.com/blog/semi-truck-accidents-investigations-and-dash-cams/): FAST FACTS Buses and large trucks were involved in 12% of all traffic fatalities in - [Safety Tips for Those Electric Scooters You See Everywhere](https://www.ernstlawgroup.com/blog/safety-tips-for-those-electric-scooters-you-see-everywhere/): FAST FACTS More than 67,000 people were seen in ERs in 2009 due to electric scooter related injuries. Wearing a... - [The Psychological Effects of Paraplegia](https://www.ernstlawgroup.com/blog/psychological-effects-paraplegia/): Paraplegia is paralysis of the lower extremities caused by a spinal cord injury most often resulting from a severe trauma. - [The Safety Procedures of Truck Drivers](https://www.ernstlawgroup.com/blog/safety-procedures-truck-drivers/): FAST FACTS Almost 4,000 people were killed in accidents with semi trucks in 2016. 82% - [Another Wreck at The Highway 46 “Y”](https://www.ernstlawgroup.com/blog/another-wreck-highway-46-y/): This morning yet another fatal wreck was reported at the Highway 46 Cholome “Y”. This area is often referred to... - [Why California's Heat Waves Shouldn't Be Shrugged Off](https://www.ernstlawgroup.com/blog/californias-heat-waves-shouldnt-shrugged-off/): FAST FACTS 700 people lost their lives in Chicago due to a heat wave in 1995. Scientists believe heat waves... - [Why OSHA Fines Are on the Rise in California](https://www.ernstlawgroup.com/blog/osha-fines-rise-california/): FAST FACTS 5,190 workers lost their lives on the job in 2016. The three most cited standards across the country... - [Smoking Can Be Especially Dangerous for Truckers](https://www.ernstlawgroup.com/blog/smoking-can-especially-dangerous-truckers/): FAST FACTS 51 percent of long-haul truck drivers report being cigarette smokers. - [Driving Safely During Wildfire Season in California](https://www.ernstlawgroup.com/blog/driving-safely-wildfire-season-california/): FAST FACTS January 1, 2017 through July 8, 2017, there were 2,750 fires in California - [What You Need to Know About Fatal Amusement Park Injuries in California](https://www.ernstlawgroup.com/blog/need-know-fatal-amusement-park-injuries-california/): There are seemingly two camps when it comes to amusement park rides in California: - [Why The Lack of Truck Drivers Is Causing More Accidents](https://www.ernstlawgroup.com/blog/lack-truck-drivers-causing-accidents/): According to the American Trucking Association, there is a lack of drivers in the - [Staying Safe in San Luis Obispo on the Fourth of July](https://www.ernstlawgroup.com/blog/staying-safe-san-luis-obispo-fourth-july/): In the state of California, fireworks are divided into two categories: - [Avoid Desk Job Injuries With These Stretches](https://www.ernstlawgroup.com/blog/avoid-desk-job-injuries-stretches/): When people think of on-the-job injuries, they often picture accidents involving heavy machinery. - [Protecting Yourself in the Number One State for Dog Bites](https://www.ernstlawgroup.com/blog/protecting-number-one-state-dog-bites/): State Farm recently released a report stating that residents of California experience more dog - [6 Easy Tips for Staying Safe On Your Boat This Summer](https://www.ernstlawgroup.com/blog/6-easy-tips-staying-safe-boat-summer/): Boating season is here. It doesn’t matter if you are a novice to the water or have years of experience... - [Why Is Summer More Dangerous for Motorcycle Riders?](https://www.ernstlawgroup.com/blog/summer-dangerous-motorcycle-riders/): Summer is officially in full swing. Kids are out of school, families are planning vacations and motorcyclists are - [Sedan Rear-Ended by Semi Truck in Santa Maria](https://www.ernstlawgroup.com/blog/sedan-rear-ended-semi-truck-santa-maria/): KSBY is reporting that a large semi truck rear-ended a passenger car early Monday morning. The wreck happened near Bonita... - [How to Drive Safely Around Semi Trucks](https://www.ernstlawgroup.com/blog/drive-safely-around-semi-trucks/): When you drive down a highway in California, you are bound to be sharing your space with at least one... - [Top Causes of Bike Accidents](https://www.ernstlawgroup.com/blog/top-causes-bike-accidents/): It’s always better to start with good news. On that note: There are fewer accidents involving cyclists than there ever... - [Common Types of Personal Injury in San Luis Obispo](https://www.ernstlawgroup.com/blog/common-types-personal-injury-san-luis-obispo/): Tort law is more commonly known to people as personal injury law. A person injured by another’s negligence or - [How to Prepare for a Landslide](https://www.ernstlawgroup.com/blog/how-to-prepare-for-a-landslide/): Landslides are an environmental danger that could very easily take your life and the lives of those you love if... - [Are Nanomaterials in the Workplace Dangerous?](https://www.ernstlawgroup.com/blog/nanomaterials-workplace-dangerous/): Nanomaterials are probably something you haven’t heard of, yet you use them almost every day. They are found in batteries - [Are Car Crashes Covered by Workers' Comp?](https://www.ernstlawgroup.com/blog/car-crashes-covered-workers-comp/): When people think about workers’ compensation and the accidents that lead to claims, they often think about injuries - [Personal Injury and Wrongful Death Statistics](https://www.ernstlawgroup.com/blog/personal-injury-wrongful-death-statistics/): The Center for Disease Control and Prevention recently released comprehensive statistics for both fatal - [Avoid These 7 Deadly Driving Sins](https://www.ernstlawgroup.com/blog/avoid-7-deadly-driving-sins/): In December 2017, the Citrus County Sheriff’s Department in Florida launched a driver safety campaign they called - [Woman Injured In a Crash with a Santa Maria City Bus](https://www.ernstlawgroup.com/blog/woman-injured-crash-santa-maria-city-bus/): On April 2, 2018, Veronica Zamora was hit and killed by a Santa Maria city bus while riding her bike.... - [Pedestrian Traffic Fatalities on the Rise](https://www.ernstlawgroup.com/blog/pedestrian-traffic-fatalities-rise/): A recent study conducted by the Governor’s Highway Safety Association (GHSA) shows that pedestrian fatalities in traffic - [Semi-Truck Accidents and Driver Fatigue](https://www.ernstlawgroup.com/blog/semi-truck-accidents-driver-fatigue/): When a 40-ton semi-truck crashes into a passenger car, the injuries to the occupants of the passenger car - [How to Choose a Wrongful Death Law Firm](https://www.ernstlawgroup.com/blog/choose-wrongful-death-law-firm/): It’s always a tragedy when a loved one is killed in an accident. You can never be prepared for such... - [What Does An Insurance Company Consider To Be An "Act of God"?](https://www.ernstlawgroup.com/blog/insurance-company-consider-act-god/): Most homeowners have heard about “acts of God,” but many may not know exactly what it means. Insurance policies cover... - [What Factors Affect Pain and Suffering Claims?](https://www.ernstlawgroup.com/blog/factors-affect-pain-suffering-claims/): Though every accident is unique, let’s set that aside for a moment for the sake of the following example. Let’s... - [Recent Product Recalls to Be Aware Of](https://www.ernstlawgroup.com/blog/recent-product-recalls-aware/): When a consumer purchases a product for themselves or someone else, they have the right to expect that the product,... - [Another Fatal Wreck at Cholame “Y”](https://www.ernstlawgroup.com/blog/another-fatal-wreck-cholame-y/): On April 6, 2018, another fatal wreck occurred at the Highway 41/46 intersection, also known as the Cholome “Y”. This... - [Do Robots Make the Workplace Safer?](https://www.ernstlawgroup.com/blog/robots-make-workplace-safer/): We’ve been reading about robots taking over the human race since we were kids. We’ve also seen it in movies.... - [The Most Common Causes of Distracted Driving](https://www.ernstlawgroup.com/blog/common-causes-distracted-driving/): It seems like people are doing everything behind the wheel, except keeping their eyes on the road. Distracted driving puts... - [The Link Between Online Shopping and Terrible Traffic](https://www.ernstlawgroup.com/blog/link-online-shopping-terrible-traffic/): Online shopping has become much more popular in recent years. In fact, it has become so popular that many brick-and-mortar... - [The Most Common Causes of Truck Accidents](https://www.ernstlawgroup.com/blog/common-causes-truck-accidents/): Any vehicle accident has the potential to cause severe injury, but none present a greater danger as an accident with... - [Who's Liable in a Train Accident?](https://www.ernstlawgroup.com/blog/whos-liable-train-accident/): When a train accident occurs, it typically makes the headlines. This is because they don’t occur often. Unfortunately, though they... - [How to Hire a Lawyer for Your Injury Case](https://www.ernstlawgroup.com/blog/hire-lawyer-injury-case/): If you are hurt in an accident, you may consider filing a lawsuit as a way to recover the money... - [Is Your Workplace Ready for a Tornado?](https://www.ernstlawgroup.com/blog/workplace-ready-tornado/): For most of the country, Spring is tornado season. That said, a tornado doesn’t look at a calendar, and one... - [Can I Sue Uber for an Accident?](https://www.ernstlawgroup.com/blog/can-sue-uber-driver-gets-accident/): People are relying on Uber like never before. Whether for quick trips to the store or a sober ride home... - [Why Do Motorcycle Accidents Happen?](https://www.ernstlawgroup.com/blog/motorcycle-accidents-happen/): While motorcycle accidents may not be more common or occur more frequently than other types of accidents, they do typically... - [The Most Common Causes of Accidents in Construction](https://www.ernstlawgroup.com/blog/common-construction-accidents/): The construction industry is one of the most dangerous there is. Working from heights, around large machinery and even underground... - [What to Do If You've Been In a Pedestrian Accident](https://www.ernstlawgroup.com/blog/youve-pedestrian-accident/): You have just gone to the store and are walking back to your car in the parking lot. You are... - [Does a Hit-and-Run Accident Affect My Insurance?](https://www.ernstlawgroup.com/blog/hit-run-accident-affect-insurance/): You’re driving down the street and a car hits you and keeps driving. You park your car in front of... - [Who's Liable After a Dog Bite in California?](https://www.ernstlawgroup.com/blog/whos-liable-dog-bite-california/): Being bitten by a dog is frightening. Whether you are bitten once or attacked, you can be severely injured and... - [Are We Really Ready for Autonomous Cars?](https://www.ernstlawgroup.com/blog/really-ready-autonomous-cars/): Imagine getting behind the wheel, ready to drive to work and having to do nothing but sit and relax. It’s... - [Medical Marijuana Regulations for Truckers](https://www.ernstlawgroup.com/blog/medical-marijuana-regulations-truckers/): More states are legalizing marijuana each year. While it may be legal to smoke marijuana in certain states, either for... - [Finding the Right Safety Goggles for Work](https://www.ernstlawgroup.com/blog/finding-right-safety-goggles-work/): Your job requires you to wear safety glasses. You know that much. That said, you aren’t quite sure how to... - [New Silica Rule to Stay in Place](https://www.ernstlawgroup.com/blog/new-silica-rule-stay-place/): The U. S. Court of Appeals for the District of Columbia Circuit issued its final rule regarding respirable crystalline silica... - [When It Comes to Planes, Drones are More Dangerous Than Birds](https://www.ernstlawgroup.com/blog/comes-planes-drones-dangerous-birds/): Maybe you got a new drone for the holidays. Perhaps you’ve had one and have just been waiting for the... - [Truck Driver Responsible for Death Sentenced to Jail](https://www.ernstlawgroup.com/blog/truck-driver-responsible-death-sentenced-jail/): A truck crash in Nipomo in November 2016 led to one death and three other injuries. Now, the truck driver... - [Commuting by Bicycle? Consider These Safety Tips](https://www.ernstlawgroup.com/blog/commuting-bicycle-consider-safety-tips/): Commuting by bicycle is becoming more popular across the nation. While some people know exactly how to operate a bicycle... - [Marijuana Is Now Legal in California. What's That Mean for Car Accidents?](https://www.ernstlawgroup.com/blog/marijuana-now-legal-california-whats-mean-car-accidents/): People often relate impaired driving with alcohol. We hear of the dangers of drunk driving almost daily if we are... - [OSHA Cites Increased Workplace Fatalities](https://www.ernstlawgroup.com/blog/osha-cites-increased-workplace-fatalities/): According to recent reports from the Bureau of Labor Statistics’ Census of 2016 Fatal Occupational Injuries, 2016 saw a 7%... - [Is Trial Experience Important for Personal Injury Attorneys?](https://www.ernstlawgroup.com/blog/trial-experience-important-personal-injury-attorneys/): When you are injured in an accident, you may want to pursue legal action in order to recover the money... - [Does PTSD Have to Be Reported to OSHA?](https://www.ernstlawgroup.com/blog/ptsd-reported-osha/): When a worker or an employer is considering whether or not they have to report an injury to OSHA, things... - [What Are Punitive Damages in Personal Injury Cases?](https://www.ernstlawgroup.com/blog/what-are-punitive-damages/): In most civil lawsuits for personal injury, the injured person’s damages are limited to economic damages (lost wages and medical... - [Owner Liability in Dog Bite Cases](https://www.ernstlawgroup.com/blog/owner-liability-dog-bite-cases/): When you are bitten by a dog, you are understandably panicked. A dog attack is a frightening experience that often... - [Types of Cranes on a Construction Site](https://www.ernstlawgroup.com/blog/types-cranes-construction-site/): One crane is not right for every job. In today’s construction industry, there are a variety of cranes available, each... - [Who Is Liable in Boating Accidents?](https://www.ernstlawgroup.com/blog/liable-boating-accidents/): A boating accident can involve any type of watercraft. A person may be involved in an accident while waterskiing, wakeboarding... - [Who Is Liable in a Multi-Car Pileup?](https://www.ernstlawgroup.com/blog/liable-multi-car-pileup/): There are hundreds of accidents on California’s roads every day. Usually, there are simple fender benders or other minor accidents... - [Who Is Liable in a Drug Overdose?](https://www.ernstlawgroup.com/blog/liable-drug-overdose/): Over the past year, there have been hundreds of news articles explaining that America is currently in the worst heroin... - [How Your Body Is Affected by a Car Crash](https://www.ernstlawgroup.com/blog/body-affected-car-crash/): There you are, driving down the 101, rockin’ out with your windows down. Just like every day, traffic in front... - [The Most Dangerous Roads in California](https://www.ernstlawgroup.com/blog/dangerous-roads-california/): California is one of the biggest and most populated states in America. With about 29 million cars on our roads,... - [5 Critical Motorcycle Laws in California: Ride Safe and Ride Legal](https://www.ernstlawgroup.com/blog/know-five-critical-motorcycle-laws-california-ride-safe-ride-legal/): Being a motorcycle owner is all about feeling like there are no limits and no rules. In the end, it... - [Underground Electrical Wire Injuries](https://www.ernstlawgroup.com/blog/underground-electrical-wire-injuries/): On the morning of June 6, 2015 in Santa Maria, California, two local men were performing work on an underground... --- ## FAQS - [Who pays for a rental car after an accident?](https://www.ernstlawgroup.com/car-accident-faqs/who-pays-for-a-rental-car-after-an-accident/): Traffic in California is heavy, especially in major cities like Los Angeles, San Francisco, and San Diego. According to recent... - [Can a brain injury cause depression?](https://www.ernstlawgroup.com/personal-injury-faqs/can-a-brain-injury-cause-depression/): Confusion and memory loss, personality changes, and the onset of post-traumatic stress disorder (PTSD) and anxiety are some of the... - [What are the four elements of negligence in personal injury?](https://www.ernstlawgroup.com/personal-injury-faqs/what-are-the-four-elements-of-negligence/): Duty of care, breach of duty, causation, and damages are the four key elements of the legal concept of negligence.... - [Can a CT scan show an old brain injury?](https://www.ernstlawgroup.com/brain-injury-faqs/can-ct-scan-show-old-brain-injury/): A CT scan can sometimes reveal signs of an old brain injury, depending on the type of damage sustained and... - [A guide to how to increase your personal injury settlement](https://www.ernstlawgroup.com/personal-injury-faqs/how-to-increase-personal-injury-settlement/): If you were injured in an accident due to someone else’s negligence, you have the right to file a personal... - [Can you sue a personal trainer for an injury?](https://www.ernstlawgroup.com/personal-injury-faqs/can-you-sue-a-personal-trainer-for-injury/): Working with a personal trainer should be a safe way to improve your health. When you suffer an injury because... - [test](https://www.ernstlawgroup.com/test/): ignore - [What is storming after a brain injury?](https://www.ernstlawgroup.com/brain-injury-faqs/what-is-storming-after-brain-injury/): Storming after a brain injury is a serious medical condition that can happen in patients with moderate to severe traumatic... - [Can whiplash cause a brain injury?](https://www.ernstlawgroup.com/brain-injury-faqs/can-whiplash-cause-a-brain-injury/): Yes, whiplash can sometimes cause a brain injury, especially after a major car accident. While whiplash is typically viewed as... - [Will a personal injury settlement affect my social security benefits?](https://www.ernstlawgroup.com/personal-injury-faqs/will-a-personal-injury-settlement-affect-my-social-security-benefits/): Yes, a personal injury settlement can affect your eligibility for Supplemental Security Income (SSI) and Medicaid, which are based on... - [What is a global offer in personal injury?](https://www.ernstlawgroup.com/personal-injury-faqs/what-is-a-global-offer-personal-injury/): A global settlement resolves the claims of multiple plaintiffs in a class action or mass tort all at once. These... - [What trucking company has the most accidents?](https://www.ernstlawgroup.com/truck-accident-faqs/what-trucking-company-has-the-most-accidents/): Reports from federal oversight groups show that trucking companies FedEx Ground and UPS Ground are involved in the most accidents... - [Can you fully recover from a traumatic brain injury?](https://www.ernstlawgroup.com/brain-injury-faqs/can-you-fully-recover-from-traumatic-brain-injury/): Maybe, but recovery from a traumatic brain injury (TBI) often hinges on the severity of the injury and the quality... - [What's A Personal Injury Release Form?](https://www.ernstlawgroup.com/personal-injury-faqs/whats-a-personal-injury-release-form/): The final step in a personal injury case is signing a “release of all claims” form for the other party.... - [How long does it take to recover from a traumatic brain injury?](https://www.ernstlawgroup.com/brain-injury-faqs/how-long-does-it-take-to-recover-from-a-traumatic-brain-injury/): Traumatic brain injuries (TBIs) range from mild concussions to severe, life-altering trauma—and recovery can vary just as widely. One of... - [Can child support be taken from my personal injury settlement?](https://www.ernstlawgroup.com/personal-injury-faqs/can-child-support-be-taken-from-a-personal-injury-settlement/): If you’ve received a personal injury settlement in California and owe child support—or are in an active child support case—you... - [How do truck accidents differ from car accident claims?](https://www.ernstlawgroup.com/truck-accident-faqs/how-do-truck-accident-claims-differ-from-car-accident-claims/): In California, both truck and car accidents can result in serious injuries and life-changing consequences—but truck accident claims are fundamentally... - [What is CTE in terms of a brain injury?](https://www.ernstlawgroup.com/brain-injury-faqs/what-is-cte-in-terms-of-brain-injury/): Chronic traumatic encephalopathy (CTE) is a progressive, degenerative brain disease caused by repeated blows to the head or repeated concussions.... - [Are personal injury lawyers subject to HIPAA?](https://www.ernstlawgroup.com/personal-injury-faqs/are-personal-injury-lawyers-subject-to-hipaa/): At Ernst Law Group, our San Luis Obispo personal injury lawyers take client confidentiality seriously—especially when it comes to sensitive... - [What is discovery in California truck accident cases?](https://www.ernstlawgroup.com/truck-accident-faqs/what-is-discovery-in-truck-accident-cases/): The discovery phase of civil trials, including truck accident lawsuits, is a pre-trial process in which each side exchanges pertinent... - [What is a brainstem injury?](https://www.ernstlawgroup.com/brain-injury-faqs/what-is-a-brain-stem-injury/): A brainstem injury is a serious type of traumatic brain injury that affects the brainstem, the area of the brain... - [How often do California truck drivers get into accidents?](https://www.ernstlawgroup.com/truck-accident-faqs/how-often-do-truck-drivers-get-into-accidents/): Although we depend on tractor-trailers to get the things we need, there’s no denying that these oversized vehicles are also... - [Can a brain injury affect you years later?](https://www.ernstlawgroup.com/brain-injury-faqs/can-a-brain-injury-affect-you-years-later/): Yes, many people who suffered a traumatic brain injury (TBI) may suffer long-term effects, or develop complications later in life,... - [Is a traumatic brain injury a disability?](https://www.ernstlawgroup.com/brain-injury-faqs/is-traumatic-brain-injury-a-disability/): A TBI can be considered a disability if it significantly limits cognitive, physical, or emotional functions. Under California law, TBIs... - [Are personal injury settlements considered marital property in California?](https://www.ernstlawgroup.com/personal-injury-faqs/are-personal-injury-settlements-considered-marital-property/): In California, whether a personal injury settlement is marital property depends on when the injury occurred, how the settlement funds... - [What is a demand letter in a California personal injury case?](https://www.ernstlawgroup.com/personal-injury-faqs/what-is-a-demand-letter-in-personal-injury/): A demand letter is a formal request for compensation sent to the at-fault party’s insurance company in a personal injury... - [Can illegal immigrants sue for personal injury in California?](https://www.ernstlawgroup.com/personal-injury-faqs/can-illegal-immigrants-sue-for-personal-injury/): California law protects all individuals—regardless of immigration status—regarding personal injury claims. This means that if you were injured in a... - [What is an “attractive nuisance” in California?](https://www.ernstlawgroup.com/personal-injury-faqs/what-is-an-attractive-nuisance-in-california/): Children’s natural curiosity may lead them onto neighboring properties, drawn to attractive features like trampolines or swimming pools. However, without... - [Can traumatic brain injury cause psychiatric disorders?](https://www.ernstlawgroup.com/brain-injury-faqs/can-traumatic-brain-injury-cause-psychiatric-disorders/): One of the most significant and often overlooked effects of a TBI is the development of psychiatric disorders. Research and... - [Brain injuries at work: Can you sue beyond workers’ comp?](https://www.ernstlawgroup.com/brain-injury-faqs/can-you-sue-beyond-workers-compensation-for-a-brain-injury/): In most cases, workplace injuries are covered by workers’ compensation, which provides benefits for medical expenses and lost wages regardless... - [Mild traumatic brain injury vs. concussion: Is a concussion considered a mild brain injury?](https://www.ernstlawgroup.com/brain-injury-faqs/mild-traumatic-brain-injury-vs-concussion/): When discussing mild traumatic brain injury vs concussion, many people wonder whether the terms are interchangeable. The answer is yes—a... - [What is second impact syndrome?](https://www.ernstlawgroup.com/brain-injury-faqs/what-is-second-impact-syndrome/): Second impact syndrome (SIS) is a rare but devastating condition that occurs when a person sustains a second concussion before... - [What is a noxious brain injury?](https://www.ernstlawgroup.com/brain-injury-faqs/what-is-a-noxious-brain-injury/): A noxious brain injury occurs when the brain doesn’t receive enough oxygen. (Anoxic and hypoxic injuries are the two most... - [How long does a truck accident lawsuit take?](https://www.ernstlawgroup.com/truck-accident-faqs/how-long-does-a-truck-accident-lawsuit-take/): The timeline for truck accident lawsuits can vary widely depending on factors such as the complexity of the accident, the... - [What is a jackknife accident in California?](https://www.ernstlawgroup.com/truck-accident-faqs/what-is-a-jackknife-accident-in-california/): A jackknife accident occurs when a large truck, such as a semi-truck or tractor-trailer, loses control, causing the trailer to... - [If a truck driver is fatigued, does that technically mean they’re impaired?](https://www.ernstlawgroup.com/truck-accident-faqs/truck-driver-fatigue-and-impairment/): Like drug or alcohol impairment, fatigue slows a driver’s reaction times, diminishes attention, and impacts decision-making—key skills for handling large... - [What is a jackknife accident?](https://www.ernstlawgroup.com/truck-accident-faqs/what-is-a-jackknife-accident/): A jackknife accident is one of the most dangerous situations involving large trucks like semi-trucks or tractor-trailers. In these accidents,... - [What is a trial lawyer?](https://www.ernstlawgroup.com/general-faqs/what-is-a-trial-lawyer/): A trial lawyer is an attorney who represents clients in court, focusing on litigation rather than out-of-court settlements. They advocate... - [How do truck accident lawsuits work?](https://www.ernstlawgroup.com/truck-accident-faqs/how-do-truck-accident-lawsuits-work/): If you’ve been involved in a truck accident, understanding how truck accident lawsuits work is crucial to securing the compensation... - [What should I do if I’m bitten by a dog?](https://www.ernstlawgroup.com/dog-bite-faqs/what-to-do-if-bitten-by-a-dog/): At Ernst Law Group, we are dedicated to helping dog bite victims navigate the aftermath of an attack and seek... - [Do I qualify for social security disability after a brain injury?](https://www.ernstlawgroup.com/brain-injury-faqs/brain-injury-social-security-disability/): Suffering from a brain injury can significantly impact your life, affecting your ability to work and perform daily activities. If... - [What Is Carbapenem-Resistant Enterobacteriaceae (CRE)?](https://www.ernstlawgroup.com/personal-injury-faqs/carbapenem-resistant-enterobacteriaceae-cre-faq/): What is CRE? CRE is a carbapenem-resistant Enterobacteriaceae, which means it is a bacterium that has developed a strong resistance... - [Brain Injury FAQ's](https://www.ernstlawgroup.com/brain-injury-faqs/brain-injury-faqs/): What is Traumatic Brain Injury? What is Anoxic Brain Injury? What is Acquired Brain Injury? What is Hypoxic Brain Injury?... - [How Do I File a Wrongful Death Suit?](https://www.ernstlawgroup.com/wrongful-death-faqs/how-do-i-file-a-wrongful-death-suit/): A representative of the family member who died will file the wrongful death case. The representative files paperwork with the... - [How Much Is A Wrongful Death Lawsuit Worth?](https://www.ernstlawgroup.com/wrongful-death-faqs/how-much-is-a-wrongful-death-lawsuit-worth/): HOW MUCH IS A WRONGFUL DEATH LAWSUIT WORTH? The true answer is that it depends. We would rather give you... - [How Is A Personal Injury Settlement Determined?](https://www.ernstlawgroup.com/personal-injury-faqs/how-is-a-personal-injury-settlement-determined/): A personal injury settlement is an agreement between the person who is injured and the person who caused the injury.... - [How Is Pain And Suffering Calculated In Personal Injury?](https://www.ernstlawgroup.com/personal-injury-faqs/how-is-pain-and-suffering-calculated-in-personal-injury/): Pain and suffering is money that is owed by the defendant in a lawsuit for the emotional harm and suffering... - [How To Choose A Personal Injury Lawyer](https://www.ernstlawgroup.com/personal-injury-faqs/how-to-choose-a-personal-injury-lawyer/): Picking the right lawyer is important because, depending on the lawyer you pick, you’re going to spend a year or... - [How to File a Lawsuit](https://www.ernstlawgroup.com/how-to-file-a-lawsuit/): How to File a Lawsuit Ernst Legal Education 101: Knowledge is power. We are going to walk you through the... - [How Long Do California Truck Insurance Claims Take?](https://www.ernstlawgroup.com/truck-accident-faqs/how-long-do-california-truck-insurance-claims-take/): If you’ve been in a truck accident in California, you may be dealing with the stress of an injury on... - [What Should I Look For In A Truck Accident Attorney?](https://www.ernstlawgroup.com/truck-accident-faqs/what-should-i-look-for-in-a-truck-accident-attorney/): You’ve been involved in a truck accident in San Luis Obispo. You know that you may be entitled to financial... - [What Are The Elements of a Wrongful Death Case in California?](https://www.ernstlawgroup.com/wrongful-death-faqs/what-are-the-elements-of-a-wrongful-death-case-in-california/): If you have experienced the death of a loved one caused by someone else’s negligence, you know it’s not easy... - [Are Punitive Damages Recoverable in Wrongful Death Actions?](https://www.ernstlawgroup.com/wrongful-death-faqs/are-punitive-damages-recoverable-in-wrongful-death-actions/): California law is a bit confusing. It does not allow for the awarding of punitive damages in wrongful death cases,... - [What Constitutes Wrongful Death in California?](https://www.ernstlawgroup.com/wrongful-death-faqs/what-constitutes-wrongful-death-in-california/): The death of a loved one is the most difficult event we have to deal with in this lifetime. And... - [Which Approved Family Members Can File a Lawsuit?](https://www.ernstlawgroup.com/wrongful-death-faqs/which-approved-family-members-can-file-a-lawsuit/): Losing a family member is one of the most heartbreaking things anyone can go through. All loss is emotionally devastating.... - [Social Security Disability Insurance for Brain Injury Victims](https://www.ernstlawgroup.com/brain-injury-faqs/social-security-disability-insurance-for-brain-injury-victims/): When a brain injury causes a temporary or permanent disability, the survivor and their family will need support to get... - [What Is the Statute Of Limitations On Wrongful Death Cases?](https://www.ernstlawgroup.com/wrongful-death-faqs/what-is-the-statute-of-limitations-on-wrongful-death-cases/): All wrongful death cases have a statute of limitations. This means there is a certain time period after someone dies... - [How much is a wrongful death lawsuit worth?](https://www.ernstlawgroup.com/wrongful-death-faqs/how-much-can-i-get-for-my-wrongful-death-case/): The value of a wrongful death claim depends on several factors, including the nature of the deceased’s life, the relationship... - [How do you prove wrongful death?](https://www.ernstlawgroup.com/wrongful-death-faqs/how-do-you-prove-wrongful-death/): Proving wrongful death involves demonstrating that another party’s negligence, recklessness, or intentional misconduct caused the death of your loved one.... - [How do you prevent construction accidents?](https://www.ernstlawgroup.com/construction-accidents-faqs/how-do-you-prevent-accidents-on-a-construction-site/): While it’s impossible to eliminate all risks on a construction site, implementing robust safety measures can significantly reduce the likelihood... - [What type of accident kills most construction workers?](https://www.ernstlawgroup.com/construction-accidents-faqs/what-type-of-accident-kills-most-construction-workers/): Ernst Law Group is committed to raising awareness about these risks and helping workers and their families seek justice when... - [What is the most common accident in construction?](https://www.ernstlawgroup.com/construction-accidents-faqs/what-is-the-most-common-accident-in-construction/): Construction sites are inherently dangerous environments. A wide range of activities and heavy machinery pose various risks to workers. Understanding... - [What should I do after a construction site injury?](https://www.ernstlawgroup.com/construction-accidents-faqs/what-do-you-do-after-a-construction-accident-occurs/): Knowing what to do after a construction accident is crucial for protecting your health, securing your legal rights, and ensuring... - [When do most construction accidents happen?](https://www.ernstlawgroup.com/construction-accidents-faqs/when-do-most-construction-accidents-happen/): Serious construction incidents happen more often than in many other industries. In 2021 alone, 1,008 construction workers lost their lives... - [Can I Receive Compensation For The Cost Of Future Medical Expenses?](https://www.ernstlawgroup.com/personal-injury-faqs/can-i-receive-compensation-for-the-cost-of-future-medical-expenses/): You may be consumed with your current medical expenses, but thinking about the future is key for complete physical and... - [How Long Does A Personal Injury Lawsuit Take?](https://www.ernstlawgroup.com/personal-injury-faqs/how-long-does-a-personal-injury-lawsuit-take/): When you are involved in an accident – be it a car wreck, a truck accident, or even a slip... - [What Damages Are Available In A Personal Injury Case?](https://www.ernstlawgroup.com/personal-injury-faqs/what-damages-are-available-in-a-personal-injury-case/): The careless actions of another person can change your life or the life of a loved one in the blink... - [What If I Had A Pre-Existing Condition Before My Personal Injury Lawsuit?](https://www.ernstlawgroup.com/personal-injury-faqs/what-if-i-had-a-pre-existing-condition-before-my-personal-injury-lawsuit/): A bad accident can change a life forever. From a car accident to a slip-and-fall to an incident in the... - [What Does A Personal Injury Lawyer Do?](https://www.ernstlawgroup.com/personal-injury-faqs/what-does-a-personal-injury-lawyer-do/): You may have heard that you should get a lawyer after a car accident or other personal injury scenario. That,... - [Do I Need A Personal Injury Lawyer?](https://www.ernstlawgroup.com/personal-injury-faqs/do-i-need-a-personal-injury-lawyer/): If you have been injured as a result of someone else’s negligence and choose to seek compensation on your own,... - [How Are Personal Injury Settlements Paid Out?](https://www.ernstlawgroup.com/personal-injury-faqs/how-are-personal-injury-settlements-paid-out/): There are several avenues for receiving the compensation owed you in your personal injury case. The California personal injury attorneys... - [Can I Sue For Compensation If I Was Injured In A Clinical Trial?](https://www.ernstlawgroup.com/personal-injury-faqs/can-i-sue-for-clinical-trial-injury-compensation/): Clinical trials of new medicines or treatment protocols must be tested on human subjects prior to being approved by the... - [Is a Lawsuit Necessary?](https://www.ernstlawgroup.com/general-faqs/is-a-lawsuit-necessary/): Not always. Sometimes, claims can be resolved with a few phone calls or letters. In some cases, a settlement can... - [How Do I Obtain Medical Care?](https://www.ernstlawgroup.com/general-faqs/how-do-i-obtain-medical-care/): If you have been injured in an accident there are several ways that you can obtain medical care. Your insurance... - [What Happens If An Uninsured Driver Hits You?](https://www.ernstlawgroup.com/car-accident-faqs/what-happens-if-an-uninsured-driver-hits-you/): The stress of being in a car accident is further amplified if an uninsured driver operates the car that hits... - [Does Insurance Cover A Deer Hitting A Car?](https://www.ernstlawgroup.com/car-accident-faqs/does-insurance-cover-deer-hitting-car/): It’s frustrating when people say that you hit a deer because unless you drive into a forest, the deer is... - [What Is The Sudden Medical Emergency Defense?](https://www.ernstlawgroup.com/car-accident-faqs/what-is-the-sudden-medical-emergency-defense/): The sudden medical emergency defense is used when a driver who caused an accident claims that their actions occurred as... - [What Happens If I’m Partially At Fault In A Car Accident?](https://www.ernstlawgroup.com/car-accident-faqs/what-happens-if-im-partially-at-fault-in-a-car-accident/): Being in a car crash is scary. You’re likely worried, unsure of what to do next, and you may have... - [What If The Police Report Is Against Me?](https://www.ernstlawgroup.com/car-accident-faqs/what-if-the-police-report-is-against-me/): Discovering that another driver filed a police report against you can be scary. You may be unsure of what you’ve... - [Who’s At Fault In A Chain Reaction Car Accident?](https://www.ernstlawgroup.com/car-accident-faqs/whos-at-fault-in-a-chain-reaction-car-accident/): If you were in a multi-car collision, you’re probably wondering how the police or your car accident lawyer will decide... - [What Information Should I Get From Witnesses After My Car Accident?](https://www.ernstlawgroup.com/car-accident-faqs/what-information-should-i-get-from-witnesses-after-my-car-accident/): Witnesses can be invaluable after a car crash. From corroborating your claim that the other driver is to blame to... - [I Was Hurt In A Car Accident With No Health Insurance. What Should I Do?](https://www.ernstlawgroup.com/car-accident-faqs/i-was-hurt-in-a-car-accident-with-no-health-insurance-what-should-i-do/): You need to seek immediate medical attention if have been injured in a car crash. But what if you don’t... - [How Does An Attorney Prove Truck Accident Liability?](https://www.ernstlawgroup.com/truck-accident-faqs/how-does-an-attorney-prove-truck-accident-liability/): Truck accident liability is a crucial piece of the puzzle your attorney must assemble to help you recover compensation for... - [What California truck accident statistics should I be aware of?](https://www.ernstlawgroup.com/truck-accident-faqs/california-truck-accident-statistics/): California has more than 14. 7 million registered trucks, including commercial tractor-trailers, semis, and other heavy-duty vehicles. Large commercial trucks... - [I Can’t Tell If I’m Hurt Or Not After My Truck Accident, What Should I Do?](https://www.ernstlawgroup.com/truck-accident-faqs/i-cant-tell-if-im-hurt-or-not-after-my-truck-accident-what-should-i-do/): If you have been involved in a truck accident, you may be unsure if you need medical attention. When the... - [Should I Still Go To The Hospital After A Semi Truck Accident?](https://www.ernstlawgroup.com/truck-accident-faqs/should-i-still-go-to-the-hospital-after-a-semi-truck-accident/): After a vehicle collision, even one involving a semi-truck, you may not notice an injury. Without any obvious broken bones,... - [How Do I Deal With Insurance After A Truck Accident?](https://www.ernstlawgroup.com/truck-accident-faqs/how-do-i-deal-with-insurance-after-a-truck-accident/): Beyond physical injuries, pain, and suffering, auto accidents can be devastating to your mental and financial well-being. Factor in the... - [How Do Truck Accident Investigations Work?](https://www.ernstlawgroup.com/truck-accident-faqs/how-do-truck-accident-investigations-work/): The sheer size difference between a fully loaded semi-truck and your passenger car means you could sustain catastrophic, life-changing injuries... - [Why shouldn’t I accept the insurance company’s first semi-truck accident settlement?](https://www.ernstlawgroup.com/truck-accident-faqs/why-shouldnt-i-accept-the-semi-truck-accident-settlement/): While it may be tempting to accept a semi-truck accident settlement quickly, it’s generally not in your best interest to... - [What Do I Do If The Truck’s Cargo Caused My Accident?](https://www.ernstlawgroup.com/truck-accident-faqs/what-do-i-do-if-the-trucks-cargo-caused-my-accident/): If you’ve been involved in a truck accident where the cargo played a role in causing the collision, you may... - [What damages can I recover if insurance denies my claim in bad faith?](https://www.ernstlawgroup.com/insurance-dispute-faqs/what-damages-can-i-recover-if-my-claim-is-denied/): Insurance companies must undertake a thorough and unbiased review of each claim. When an insurance company fails to evaluate a... - [Is A Stroke A Traumatic Brain Injury?](https://www.ernstlawgroup.com/brain-injury-faqs/is-a-stroke-a-traumatic-brain-injury/): Yes, a stroke is a kind of traumatic brain injury that results from a sudden interruption of blood flow and... - [How Does A Brain Injury Affect My Ability To Return To Work And Earn A Living?](https://www.ernstlawgroup.com/brain-injury-faqs/how-does-a-brain-injury-affect-my-ability-to-return-to-work-and-earn-a-living/): If you’ve suffered a brain injury in an accident, you may be facing many problems after your injury. You may... - [Can A Traumatic Brain Injury Occur Without Loss Of Consciousness?](https://www.ernstlawgroup.com/brain-injury-faqs/can-a-traumatic-brain-injury-occur-without-loss-of-consciousness/): Although loss of consciousness is one of the main indicators of a traumatic brain injury (TBI), it’s not the only... - [What is anoxic brain injury?](https://www.ernstlawgroup.com/brain-injury-faqs/what-is-anoxic-brain-injury/): Any kind of incident that reduces or stops blood flow to the brain can lead to an anoxic brain injury,... - [What is acquired brain injury?](https://www.ernstlawgroup.com/brain-injury-faqs/what-is-acquired-brain-injury/): The term “acquired brain injury” simply means the injury occurred after a person is born. These injuries often result in... - [What is hypoxic brain injury?](https://www.ernstlawgroup.com/brain-injury-faqs/what-is-hypoxic-brain-injury/): Accidents involving the brain can be extremely damaging, leaving victims with a drastically altered future and staggering treatment bills. Injuries... - [What is the most common type of traumatic brain injury?](https://www.ernstlawgroup.com/brain-injury-faqs/what-is-the-most-common-type-of-traumatic-brain-injury/): Concussions are the most common type of traumatic brain injury, which is caused by a sudden impact on a person’s... - [Who Is Most At Risk For Acquired Brain Injury?](https://www.ernstlawgroup.com/brain-injury-faqs/who-is-most-at-risk-for-acquired-brain-injury/): Trauma and strokes are the most common forms of Acquired Brain Injury. Statistically, the elderly, children, young people, and males... - [Can you have a brain injury and not know it?](https://www.ernstlawgroup.com/brain-injury-faqs/how-can-you-tell-if-you-have-a-brain-injury/): The question “Can you have a brain injury and not know it? ” is one that many people might not... - [What is an acute brain injury?](https://www.ernstlawgroup.com/brain-injury-faqs/what-is-an-acute-or-severe-brain-injury/): Acute brain injury is another term for severe brain injury. The medical definition is a brain injury that results in... - [Traumatic Brain Injury Accommodations](https://www.ernstlawgroup.com/brain-injury-faqs/traumatic-brain-injury-accommodations/): What workplace accommodations can I ask of my employer after sustaining a brain injury? Traumatic brain injuries might affect your... - [What Are Alternative Treatments For A Traumatic Brain Injury?](https://www.ernstlawgroup.com/brain-injury-faqs/what-are-alternative-treatments-for-a-traumatic-brain-injury/): Traumatic brain injuries (TBI) are brain injuries caused by an external event – such as a fall or a car... - [What Is Wrongful Death?](https://www.ernstlawgroup.com/wrongful-death-faqs/what-is-wrongful-death/): “Wrongful death” is a phrase lawyers use when a person gets killed by someone else’s wrongdoing. A wrongful death case... - [How Long Will My Case Take?](https://www.ernstlawgroup.com/wrongful-death-faqs/how-long-will-my-case-take/): There are two ways to litigate cases. There is the quick way and the thorough way. Some firms avoid trials... - [Who can file a wrongful death lawsuit in California?](https://www.ernstlawgroup.com/wrongful-death-faqs/who-can-file-a-wrongful-death-suit/): In California, the right to file a wrongful death lawsuit is granted to specific family members and individuals who were... --- ## Practice Areas - [California Truck Accident Attorney](https://www.ernstlawgroup.com/california-truck-accident-attorney/): Who can be held liable for your truck accident? At Ernst Law Group, we have the resources and expertise to... - [California Car Accident Lawyer](https://www.ernstlawgroup.com/california-car-accident-lawyer/): If you’ve been injured in a car accident, it’s important to seek legal help from an experienced California car accident... - [California Traumatic Brain Injury Lawyer](https://www.ernstlawgroup.com/california-traumatic-brain-injury-lawyer/): A brain injury can change everything. If you or a loved one suffered a traumatic brain injury (TBI) in California,... - [San Luis Obispo CRE Resource Center](https://www.ernstlawgroup.com/cre-resource-center/): What is CRE? Carbapenem-resistant Enterobacteriaceae, or CRE, is a family of germs that includes common species like E. coli and... - [Car Accident Lawyer In Chorro, CA](https://www.ernstlawgroup.com/chorro-car-accident-attorney/): The beautiful roads of Chorro, CA are sometimes the scene of unfortunate accidents. If you have been hurt in a... - [Breach of Contract Attorney in San Luis Obispo](https://www.ernstlawgroup.com/san-luis-obispo-breach-of-contract-attorney/): Breach of Contract is a business tort where one party, who signed a contract, did not complete their obligation. Most... - [Los Angeles Truck Accident Lawyer](https://www.ernstlawgroup.com/los-angeles-truck-accident-lawyer/): If you or a loved one have been injured in a truck accident in California, you have the right to... - [Los Angeles Personal Injury Lawyer](https://www.ernstlawgroup.com/los-angeles-personal-injury-lawyer/): Speak with an experienced Los Angeles personal injury lawyer from the Ernst Law Group who always puts their clients first.... - [Los Angeles Car Accident Lawyer](https://www.ernstlawgroup.com/los-angeles-car-accident-lawyer/): Car accidents are traumatic events with long-lasting repercussions. Insurance companies will try to downplay your suffering. At The Ernst Law... - [Los Angeles Brain Injury Lawyer](https://www.ernstlawgroup.com/los-angeles-brain-injury-lawyer/): Traumatic brain injuries account for one-third of all injury-related deaths in the United States, with adults over 75 at the... - [California Personal Injury Lawyer](https://www.ernstlawgroup.com/california-personal-injury-lawyer/): If you have been injured in an accident that wasn’t your fault, you may be wondering if you need a... - [San Luis Obispo Probate Trial Lawyers](https://www.ernstlawgroup.com/san-luis-obispo-probate-trial-lawyers/): We are trial lawyers who specialize in specific types of inheritance theft. Whether it is manipulating someone before death, theft,... - [San Luis Obispo Wrongful Death Lawyers](https://www.ernstlawgroup.com/san-luis-obispo-wrongful-death-lawyers/): A loved one’s death is always a tragedy. In the most heartbreaking cases, however, it could have been avoided if... - [San Luis Obispo Truck Accident Attorney](https://www.ernstlawgroup.com/san-luis-obispo-truck-accident-attorney/): If you have been injured in a semi-truck accident or a collision with another heavy-duty vehicle, knowing the classification of... - [San Luis Obispo Dog Bite Injury Lawyer](https://www.ernstlawgroup.com/san-luis-obispo-dog-bite-injury-lawyer/): Dogs bite more than 5 million Americans each year, and many of these incidents could have been prevented if owners... - [San Luis Obispo OSHA Lawyer](https://www.ernstlawgroup.com/san-luis-obispo-osha-lawyer/): The Occupational Safety and Health Administration, or OSHA, is a national agency dedicated to keeping employees — and employers —... - [San Luis Obispo Class Action Lawsuit Attorney](https://www.ernstlawgroup.com/san-luis-obispo-class-action-attorney/): The Ernst Law Group has successfully been litigating Class Actions for over a decade. These cases are complex and require... - [San Luis Obispo Hit and Run Accident Attorney](https://www.ernstlawgroup.com/san-luis-obispo-hit-and-run-accident-attorneys/): In California, a victim of a hit-and-run accident resulting in injury may be entitled to compensation in a personal injury... - [Tesla Autopilot Crash Lawyer](https://www.ernstlawgroup.com/tesla-autopilot-crash-lawyer/): While Tesla’s may seem like the vehicles of the future, we are far from a reality in which we can... - [San Luis Obispo Product Liability Attorney](https://www.ernstlawgroup.com/san-luis-obispo-product-liability-attorney/): If you have been harmed by a defective product or a product that was designed in a way that is... - [San Luis Obispo Pedestrian Accident Attorney](https://www.ernstlawgroup.com/san-luis-obispo-pedestrian-accident-lawyers/): Drivers don’t always uphold their duty to ensure pedestrian safety, leading to accidents with devastating consequences. With little protection, pedestrians... - [San Luis Obispo Spinal Cord Injury Lawyers](https://www.ernstlawgroup.com/san-luis-obispo-spinal-cord-injury-lawyers/): A spinal cord injury is unquestionably one of the most debilitating, life-threatening injuries an accident victim can sustain. These injuries... - [San Luis Obispo Motorcycle Accident Attorney](https://www.ernstlawgroup.com/san-luis-obispo-motorcycle-accident-lawyer/): Motorcyclists often face severe injuries in collisions, leading to distress and financial strain due to mounting medical expenses. At Ernst... - [San Luis Obispo Elder Abuse Attorney](https://www.ernstlawgroup.com/san-luis-obispo-elder-abuse-attorney/): One of the most egregious forms of abuse takes place every day in thousands of facilities and homes throughout the... - [San Luis Obispo Catastrophic Injury Attorney](https://www.ernstlawgroup.com/san-luis-obispo-catastrophic-injury-attorney/): Have you been injured so badly that you cannot work or care for yourself? Are you permanently or temporarily disabled... - [San Luis Obispo Anti-Corporate Attorney](https://www.ernstlawgroup.com/san-luis-obispo-anti-corporate-attorney/): Ernst Law Group stands up against corporations on behalf of individuals who have been wronged and want a fair outcome.... - [San Luis Obispo Car Accident Lawyers](https://www.ernstlawgroup.com/san-luis-obispo-car-accident-attorney/): Cars are amazing machines, but they are inherently dangerous. When two cars collide, an enormous amount of force is exerted... - [San Luis Obispo Bicycle Accident Lawyer](https://www.ernstlawgroup.com/san-luis-obispo-bicycle-accident-attorney/): The San Luis Obispo personal injury lawyers at Ernst Law Group represent injured bicycle accident victims. If you were harmed... - [San Luis Obispo Brain Injury Lawyers](https://www.ernstlawgroup.com/san-luis-obispo-brain-injury-attorney/): A traumatic brain injury is more than just a little head pain. They’re serious, often life-threatening injuries that usually lead... - [San Luis Obispo Construction Accident Attorney](https://www.ernstlawgroup.com/san-luis-obispo-construction-accident-lawyer/): While you may think construction accidents only pertain to serious injuries from heavy machinery or falling from great heights, the... --- # # Detailed Content ## Pages - Published: 2025-05-02 - Modified: 2025-06-09 - URL: https://www.ernstlawgroup.com/webinar-materials/ Webinar Materials And Slides? We’ve Got You Covered! Enter your name, email and phone, and we will send you the free materials so you can follow along. Full Name(Required)Email Address(Required) Phone Number(Required) Ernst Way: definitive guide to TBI litigation. releasing in April 2025More news soon --- - Published: 2025-02-15 - Modified: 2025-04-21 - URL: https://www.ernstlawgroup.com/referral/ Need a Trusted Partner for Your Biggest TBI Cases? We handle high-stakes litigation. Secure, easy referrals with proven results. $63 million Against Chevron – 10 lawyers on the other side at the end. $63 million Against Chevron – 10 lawyers on the other side at the end. $63 million Against Chevron – 10 lawyers on the other side at the end. Got a Challenging Big Case? We Specialize in Turning Big Cases into Big Wins Facing a massive case can feel daunting. At Ernst Law Group, we thrive on transforming your challenges into victories. 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(No Strings Attached) Regardless of whether we take the case, we provide guidance on a free call. Unmatched Value This differentiates you from other firms. You’re not just taking cases—you’re providing immediate value. Not sure if it’s a strong case? We’ll tell you. Regardless of whether we take it, we’ll provide valuable strategy and guidance—free. Your client gets expert insights, and you stay in control. We wrote the book on TBI litigation Ernst Way: definitive guide to TBI litigation. Available April 2025. Stay informed I trusted Ernst Law with my biggest case, and they delivered a record-setting result. ” I trusted Ernst Law with my biggest case, and they delivered a record-setting result. ”... --- - Published: 2024-11-19 - Modified: 2024-11-19 - URL: https://www.ernstlawgroup.com/privacy-policy/ Our Commitment to Privacy Your privacy is very important to us. We want you to use Ernst Law Group with confidence in our ability to deliver an exceptional customer experience. To better protect your privacy, we provide this notice explaining our online information practices. To make this notice easy to find, we make it available on our homepage. The Information We Collect Ernst Law Group collects user-provided, personally identifiable information (such as your name, email address, phone number, etc. ) from businesses and individuals who inquire about our services or the services. Like most websites, we use cookies and third-party tracking to include Google, Bing, and Facebook to enhance your experience, gather general visitor information, and track visits to our website. See details below. The Way We Use Information We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone. We will use your information to respond to you, regarding the reason you contacted us. Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy. We also use non-identifying website visitor data to better design our website and improve the user experience. Website Visitor Data Collection and Use In order to improve website content and functionality, and to make advertising... --- - Published: 2024-04-25 - Modified: 2025-01-28 - URL: https://www.ernstlawgroup.com/brain-injury-resource-center/ California Brain Injury Resources Brain injuries are complicated, and you deserve to know as much as possible concerning your diagnosis. We're here to provide information on treatment, recovery, and more. View our resources for more information. Resources for life after traumatic brain injury Video Library Taylor Ernst, Explaining life after a TBI MORE >> Support Group A California support group for TBI victims. MORE >> California Brain Injury Support Taylor founded the California Brain Injury Support Group to help families and victims adjust to life after a traumatic brain injury and to help them connect with families that were doing the same thing. MORE >> Taylor Ernst, Your Compassionate TBI Lawyer Taylor Ernst is passionate about defending clients with traumatic brain injuries and helping them understand their life post accident. From the start of his career, he was surprised by the lack of knowledge being shared with TBI victims and their families concerning future lingering effect. More about Taylor >> Symptoms of a TBI After a TBI, changes can occur in victims regarding cognitive function, behavior issue, and physical changes. It can be challenging watching your loved one change before your eyes, but know you are not alone in this journey. Cognitive Changes Short term memory loss, loss of communication skills, and comprehension skills Physical Change Weakness, fatigue, or exhaustion, seizures, and sleeping issues behavioral changes Emotional instability, lack of empathy, and sudden aggressive behaviors --- - Published: 2024-04-24 - Modified: 2025-10-02 - URL: https://www.ernstlawgroup.com/ NOT JUST US More than just a legal firm We are a catalyst for change, turning the tide in favor of the individual. We believe that every case we handle is an opportunity to challenge unjust systems. As we pursue justice for our clients, we strive to hold powerful entities accountable and alter the status quo. "SPEAK TRUTH TO POWER, FOR IT IS IN THE TRUTH THAT THE POWERFUL FIND ACCOUNTABILITY. " Standing up to the goliaths of modern day Every lawsuit is a reckoning, a demand for fairness and integrity in a world too often dominated by the 'Goliaths'—corporations and entities wielding their power without check or balance. We stand firm in the belief that no entity, no matter how large or influential, is above the law. Learn more The opposite of love is not hate,The opposite of art is not ugliness,The opposite of faith is not heresy,it's indifference. Safeguarding Justice Our Success Stories We celebrate the far-reaching impact of our work, demonstrating how our victories have led to significant changes that extend far beyond the courtroom. These are not just legal battles, but epic tales of David versus Goliath, where we stood up for the truth and made the world listen. City Standoff Victory Despite a zero offer and no witnesses, we proved that traumatic brain injuries can occur in unseen battles, leading to greater recognition and treatment of such injuries. Medical Device Safety Revolution Our case led to the redesign of the Duodenoscope, making this medical device... --- - Published: 2024-04-24 - Modified: 2025-01-06 - URL: https://www.ernstlawgroup.com/the-american-board-of-trial-advocates/ The American Board of Trial Advocates Don Ernst has been an American Board of Trial Advocates member at the rank of Advocate since 2000. He has made great strides to further the reach of this organization’s general purpose,  “... to foster improvement in the ethical and technical standards of practice in the field of advocacy to the end that individual litigants may receive more effective representation and the general public be benefited by more efficient administration of justice consistent with time-tested and traditional principles of litigation. ” Mr. Ernst has had over thirty years of experience as an attorney, through hundreds of trials and settlements, he has made it his mission to fight for clients and get them the recovery that they deserve using this guiding principle. ABOTA is an organization that brings together the highest quality trial lawyers who truly believe in the jury system. Their peer-reviewed members are held to the highest ethical standards and understand that they are part of a system in which civility is of the greatest importance. To obtain the rank of Advocate, one first must be invited to become an ABOTA member, then he or she must meet rigorous standards and practice law in the most ethical and effective manner. The title comes with requirements for trial experience and extra education requirements, as well as much responsibility. ABOTA and its members have a goal to create a world where justice is truly for the people and by the people. The American Board of... --- - Published: 2024-04-15 - Modified: 2025-08-17 - URL: https://www.ernstlawgroup.com/contact-us/ Contact us today for a free consultation! Fill out the form below to Get a free consultation Your Name*Phone*Email Address* Write DetailsPrivacy Policy* I agree to the privacy policy. By providing your phone number, you agree to receive text messages from Ernst Law Group. Message and data rates may apply. Message frequency varies. *Disclaimer: Confidential or time-sensitive information should not be sent through this form. Please provide enough detail that we can follow up with you. This is to provide the maximum amount of protection for your potentially private information. CAPTCHANameThis field is for validation purposes and should be left unchanged. Get in touch Drop by our downtown San Luis Obispo office, give us a call, or fill out our contact form. San luis obispo 1020 Palm Street, San Luis Obispo, CA 93401(805) 541-0300 los angeles 400 S Beverly Dr Suite 240, Beverly Hills, CA 90212(310) 362-9008 Facebook Twitter Youtube --- - Published: 2024-04-03 - Modified: 2024-05-14 - URL: https://www.ernstlawgroup.com/about-us/ San Luis Obispo Lawyers The Ernst Law Group is a Plaintiff Trial Lawyer firm. Don Ernst has been leading his team of attorneys for more than thirty five years. The following explain the different types of law, and why you may have a claim. Not all law firms are the same, especially Plaintiff trial firms, or more specifically, personal injury law firms. Your choice in representation directly affects the amount you will receive in compensation for how you have been harmed. We understand the difference your representation makes in the outcome of your case. Many firms take a lot of cases, rendering them unable to provide the attention necessary to get the highest results for their clients. The Ernst Law Group is a Trial Firm. This means that we will take your case to trial to get you adequate compensation; we consistently get much more for our clients than many other firms. This takes time, a lot of financial resources, and requires the highest level of skill. Our Attorneys We are a Plaintiff Trial FirmWe represent only consumers who have been harmed against insurance companies or corporations large or small. We never do defense work. We never will. The defense wants to minimize the amount of money given to our clients, even when they are entirely at fault. We never will fight for the corporate bottom line. We fight for the individual who is trying to put their life back together. We specialize in serious personal injury. We hire the... --- - Published: 2024-03-25 - Modified: 2025-01-31 - URL: https://www.ernstlawgroup.com/attorneys/danielle-miller/ Danielle Miller Attorney Danielle earned both her J. D. and M. L. S. degrees from San Luis Obispo College of Law. She pursued her education at night while working full-time as the Intake Coordinator at Ernst Law Group. This dual experience provided her with invaluable insights into case evaluation and how to best assist clients on a day-to-day basis, laying a solid foundation for her legal career. “Every person that calls our office or walks in the door represents an opportunity to provide support, guidance, and justice during what may be their darkest times. I'm proud to be part of a team that prioritizes compassion, advocacy, and standing up for what's right. ” During her time in law school, Danielle's dedication led her to assist as a certified law student under the supervision of attorneys, on a significant traumatic brain injury jury trial resulting in a $5. 65 million verdict. This early exposure to trial work fueled her passion for justice. Most recently, she assisted throughout a trial against Chevron resulting in a $63 million verdict. Driven by a commitment to excellence, Danielle excels in developing and refining interoffice systems to optimize client outcomes. Her detailed approach ensures that every aspect of our processes is finely tuned for success, allowing us to deliver the results that our clients deserve. Recent TBI Lectures TBI Titan – 5. 65 Million Verdict from Zero Offer TBI Titan Tactics – The Setup TBI Titan Tactics – The Execution Masters In Trial: Opening Statement Masters... --- - Published: 2024-03-25 - Modified: 2025-01-28 - URL: https://www.ernstlawgroup.com/attorneys/ Our experienced Attorneys Meet Our Team of Winning California Lawyers At Ernst Law Group, our team of highly experienced attorneys represent injury victims — and only injury victims. We never represent the insurance company. For over 35 years, Don Ernst and his team have helped victims of personal injury in San Luis Obispo get the compensation they deserve. To learn more about each of our attorneys, view their biographies below. Awards and recognition we have recovered more than $300 million for our clients. Your first consultation is on us! Name* Phone Number*Email* Are you a New Client? *Are you a New Client? YesNoHow we can help? CAPTCHANameThis field is for validation purposes and should be left unchanged. --- - Published: 2024-03-25 - Modified: 2024-04-30 - URL: https://www.ernstlawgroup.com/case-results/ Our triumphant Case results $119millionConfidential Settlement: $119M Achieved$89millionThe lawsuit was filed after a Fortune 500 company consistently defrauded senior citizens with complicated financial instruments. After a litigation process of over five-years, Don’s goal to stick to “no forms, no coupons” was successful, and the seniors received over $89 million in benefits. $63millionWright vs. Union Oil: $63M Jury Verdict. $45millionMore than 8,600 senior citizens that had been the victims of deferred annuity sales fraud. After six years of litigation, the court found for the plaintiffs in phase one and awarded $15. 4 million in damages to the class. The case thereafter resolved for more than $45 million. $35millionCourt-Ordered Award: $35M Post-Trifurcation and after phase I$10. 5millionDon Ernst and the Ernst Law Group attorneys represented a client who hit a truck that pulled across the freeway. The resulting accident caused severe brain damage, an injury that altered the entire course of the client’s life. $10. 23millionDon Ernst represented a young boy on a bicycle was hit by a car on a public street coming out the rear of a shopping center in Los Osos. The boy suffered major brain damage. After a six-week trial, the jury returned a gross damage award of $10. 23 million. $6. 4millionFemale employees of the Prison were being systematically harassed. Coworkers would place them in dangerous situations and threatened to not come to their aid if something went wrong. After seven-month trial, the jury returned a verdict in favor of the of the women: $6. 4 million.... --- - Published: 2024-03-25 - Modified: 2025-06-30 - URL: https://www.ernstlawgroup.com/attorneys/taylor-ernst/ Taylor ERNST Attorney Taylor Ernst is recognized throughout the state as a brain injury trial specialist. With the recent award of the 2020 CCTLA Trial Lawyer of the Year for a brain injury verdict, Taylor has made it his mission to teach how he approaches brain injury cases to other lawyers. “Turning adversity into advocacy, we give voice to the voiceless, ensuring every story is heard and every injury met with justice. ” https://youtu. be/1k_lP8oJxkk"Taylor Ernst has established himself as a preeminent authority in traumatic brain injury (TBI) litigation, earning recognition as California Lawyer Attorney of the Year by the Daily Journal in 2024. His innovative approach and commitment to scientific excellence recently resulted in a landmark $63 million verdict against Chevron, recognized among the Top Verdicts of 2023. The Daily Journal has also named him to their prestigious Top 40 Under 40 list, complementing his national recognition from the National Trial Lawyers (NTL) Top 40 Under 40. At the core of Taylor's practice lies an unwavering commitment to scientific rigor and medical expertise. His extensive personal library, comprising peer-reviewed articles, medical texts, and cutting-edge TBI research, reflects his dedication to evidence-based practice. This comprehensive knowledge base ensures that every case evaluation is grounded in current medical science and empirical evidence. His expertise has reached over 20,000 professionals across the legal and medical communities, establishing him as a nationally recognized authority in the field. Taylor's groundbreaking initiative, The Manhattan Project, sets new standards in trial strategy through its innovative approach... --- - Published: 2024-03-25 - Modified: 2025-01-31 - URL: https://www.ernstlawgroup.com/attorneys/don-ernst/ Don ERNST Attorney Don Ernst is a trial lawyer that believes in Justice with a capital “J. ” With more than 100 cases tried to verdict and a past president of the Trial Lawyers in California, Don Ernst is recognized throughout the state as one of the best. Whether the trial goes for five days or six months, Don Ernst has results that are recognized throughout the state. “I’ve spent a lifetime taking care of people who legally cannot take care of themselves. ” https://youtu. be/cWHAoe4n0XUDon has built the Ernst Law Group as a trial firm designed to do one thing: Tell the story of the client the way it is meant to be told. Clients of the Ernst Law Group have been harmed, wronged or defrauded. Don listens to their story and pledges the firm’s resources behind to tell the client’s story and truth to the world. Don Ernst loves cases that have an underdog component. While this mentality began in personal injury cases, it has evolved into catastrophic personal injury cases, class actions against insurance and mortgage companies, and now even goes to the most basic human rights, like making sure there is clean water to drink. One example of a case Don tried was a class action in 2010 that was divided into three trials. Class actions rarely go to court due to the risk and expenses involved. Don Ernst never flinched. After the first section of trial in front of a San Diego judge, the judge... --- - Published: 2024-03-25 - Modified: 2024-08-19 - URL: https://www.ernstlawgroup.com/attorneys/nigel-whitehead/ nigel whitehead Attorney Nigel Whitehead is the senior trial attorney at the Ernst Law Group. He handles primarily complex personal injury matters, his focus and skill centered on the courtroom. With multiple seven-figure verdicts and settlements, and even the highly-prized eight-figure outcome, corporate defendants throughout the state recognize his abilities. “We don’t make the facts – we make the difference. ” https://youtu. be/g4EmzN2YWik“Being a lawyer who takes a case to a jury is the highest and best use of a lawyer’s skills,” Nigel says. “Nowhere else in the world can an individual stand up to a huge insurance company or corporation and fight for justice. No matter how much money the defense has, or how many lawyers they use, when it comes to the trial only one lawyer for each side stands up to speak to the jury. ”Justice can be sought even in the most difficult of situations. One example of a seven-figure verdict: There were difficult facts. An injured worker who was rear ended on the freeway. There was little to no visible property damage, and no repair to the vehicle needed. Despite this, Nigel Whitehead sought justice from the defendants who would not pay for the harm they caused. The result? A multi-million dollar verdict. When Nigel Whitehead is on a case, his clients get results. Nigel also worked on a recent Traumatic Brain Injury case which resulted in a $5. 65M verdict. Nigel’s specialization is on complex and complicated depositions that involve product defects, construction accidents... --- - Published: 2024-03-25 - Modified: 2025-01-31 - URL: https://www.ernstlawgroup.com/attorneys/terry-kilpatrick/ terry kilpatrick Attorney Terry Kilpatrick is the cornerstone in multiple seven- and eight-figure verdicts, judgments and settlements. They include class actions and complex litigation, as well as catastrophic personal injury cases. Terry focuses on holding insurance companies and corporations responsible for the harm they have caused. “Truth isn't just evidence or numbers; it's understanding the story behind the claim. ” Terry focuses on serious personal injury cases and complex litigation. One such example is: Terry is litigating against oil companies that have polluted well water in the central valley of California. The end goal is to make sure that the water that sustains our state is kept safe and free of corporate contamination. In 2007, Terry was a California Lawyer Magazine’s “Attorney of the Year” receiving state-wide recognition for his success in a civil rights case. He has been practicing law since 1992, and before joining the Ernst Law Group, he was a partner of a prominent San Diego law firm. Terry is an advocate for justice and is committed to helping those who have been injured by the negligent and wrongful acts of others. He is an experienced litigator and has successfully tried cases before judges and juries in both state and federal courts and, when appropriate, follows through with appeals. “Without exception my clients just want what is fair, but they soon learn that even this modest goal requires a seasoned-litigator that knows how the system works and is willing to fight for their rights,” Terry says. Terry... --- - Published: 2024-03-25 - Modified: 2024-08-19 - URL: https://www.ernstlawgroup.com/attorneys/chris-edgington/ chris edgington Attorney Christopher D. Edgington, Esq. has been practicing law in the Central Coast since 1999 and has been with Ernst Law Group since 2001. Chris received his undergraduate degree at Cal Tech in Economics and Engineering and Applied Science. He then applied this technical background to law, receiving his J. D. from University of California, Hastings in 1993. “For every claim, there's a story. We make sure it's heard, loud and clear. ” Since joining the Ernst Law Group in 2001, Chris has focused primarily on the prosecution of the firm’s complex consumer class action files, which are focused primarily on insurance cases. The analytical skills he learned with his undergraduate degrees have been a strong to the firm. He does not get bogged down by the details and mathematics involved with class action lawsuits, but rather uses these details to successfully represent his clients. Chris has most enjoyed working on the several class action cases brought on behalf of classes comprised of senior citizens or disabled individuals. He helped steer the Ernst Law Group to successfully pursue these insurance class actions. Recent TBI Lectures TBI Titan – 5. 65 Million Verdict from Zero Offer TBI Titan Tactics – The Setup TBI Titan Tactics – The Execution Masters In Trial: Opening Statement Masters In Trial: Closing Argument Masters In Trial: Cross Examination TBI Titan: Brain Injury Frameworks Craniofacial Injuries Millennial Jurors – Excellent Jurors TBI – Dysfluency: Stuttering Justice Team Podcast: TBI Cases Spotting the Big Case Break... --- --- ## Posts - Published: 2025-07-30 - Modified: 2025-08-12 - URL: https://www.ernstlawgroup.com/blog/safety-tips-for-truck-drivers/ - Categories: Truck Accidents Part of your commercial truck driving training probably stressed the serious consequences of getting into an accident and effective defensive driving to prevent a fatal wreck. Truckers have a weighty responsibility for the safety of others on the road; in vehicles that weigh more than ten times the cars and SUVs they pass on the highway, their large trucks can cause fatal damage. Our California truck accident attorneys are committed to the safety of everyone on the road. Our truck driver safety tips can help save lives and avoid costly lawsuits. Conduct proper pre- and post-trip inspections The best driver safety tips start with the right preparation of all your equipment, truck, rig, and cargo. The Federal Motor Carrier Safety Administration (FMCSA) requires commercial drivers to complete a safety inspection log. Regularly checking the truck's mechanical components, ensuring all headlights and brake lights work, and making sure the steering and brakes are operational prevents accidents due to malfunctioning vehicles. Follow regular maintenance schedules and keep your inspection logs current to remain compliant with FMCSA requirements. And, a mechanic regularly checking the truck can spot potential trouble early enough to avoid extensive, expensive repairs. Plan your trip in advance Our next safety tip for truck drivers not only helps save lives but can also help you avoid distracted driving and getting a citation that could jeopardize your Commercial Driver’s License (CDL): Setting your agenda in advance and loading your GPS route, stops, and all, before starting your trip. Whether the trucking... --- - Published: 2025-07-18 - Modified: 2025-08-12 - URL: https://www.ernstlawgroup.com/blog/how-do-personal-injury-trials-work/ - Categories: Personal Injury If you’re working with a San Luis Obispo personal injury attorney, there’s a good chance your case will be resolved through a negotiated settlement. Many personal injury claims are resolved outside the courtroom, often through mediation or discussions with the other party’s insurance company. But sometimes, reaching an agreement just isn’t possible. When that happens, your case may move forward to trial. So what can you expect if your personal injury case goes to court in San Luis Obispo County? Below, we’ll walk through the civil trial process in California and help you understand what happens at each step, from pretrial motions to jury deliberation. Why do personal injury cases go to trial? Per California personal injury laws, when you file a lawsuit, it's with the understanding that it can end up going to trial. There are a few reasons your case may end up in court: The defendant contests liability, believes they did not owe you a duty of care, and is prepared to make a case denying that they are the at-fault party The plaintiff and defendant failed to achieve a settlement agreement Your lawyer believes punitive damages are in order; the only way for a plaintiff to receive these is if a jury awards them Personal injury claims are heard in county civil courts and typically involve a jury. The burden of proof lies with the plaintiff—they must prove that the defendant owed them a duty of care, failed to fulfill it, and show that they suffered... --- - Published: 2025-06-30 - Modified: 2025-06-30 - URL: https://www.ernstlawgroup.com/blog/can-stress-make-a-tbi-worse/ - Categories: Brain Injury A traumatic brain injury (TBI) often occurs during one of the most stressful times of a person’s life, and the aftermath can be just as difficult. Understanding the relationship between stress and TBI symptoms is helpful when managing recovery and long-term outcomes. If you’re also seeking compensation through a personal injury case, it’s important to factor in how stress may affect your condition. At Ernst Law Group, our California traumatic brain injury lawyer can help you account for all relevant factors to appropriately value your losses after suffering a TBI.   Studies show that stress and TBIs have a bi-directional relationship Stress is a regular part of life, and our bodies have systems in place to help manage stress. However, these systems, including the Hypothalamic Pituitary Adrenal Axis (HPA Axis), which is responsible for the fight or flight response, may have a significant impact on how your body recovers from a TBI. One recent study found that as HPA axis dysfunction and TBI prognosis increase, hospital stays tend to last longer, and prognoses may become less favorable The research fails to report a clear causal relationship to say that stress causes a traumatic brain injury to worsen. This is due to the way they may feed on each other. For example, a traumatic brain injury that disrupts appropriate activation of the HPA axis may affect your body’s ability to manage these stress responses effectively. However, a prolonged stress response may affect your body’s ability to regulate and heal from the... --- - Published: 2025-06-10 - Modified: 2025-07-10 - URL: https://www.ernstlawgroup.com/blog/most-dangerous-roads-in-california/ - Categories: Car Accidents, Personal Injury 5 Most Dangerous Roads in CaliforniaCalifornia is a spectacular state filled with stunning scenery and is the most populated state in the U. S. Whether it’s the beautiful views distracting drivers or simply that there are more drivers on the road than in any other state, there are no shortage of dangerous car accidents throughout the state, some with devastating results. If you’ve been injured in a car accident caused by a negligent driver, a California car accident lawyer with Ernst Law Group is ready to help you. Schedule a free case review by calling (805) 541-0300 or by using the online contact form. Here’s a look at five of the most dangerous roads in our state, as well as hotspots in cities that carry increased risks for motorists. Why These Roads Are So Dangerous in CaliforniaCalifornia’s most dangerous roads share common risk factors that continue to cause deadly crashes despite safety efforts:High congestion and distracted driving: California’s major highways and city routes experience some of the worst traffic in the nation. Stop-and-go conditions and impatient drivers increase rear-end collisions and lane-change crashes, while phone use and other distractions compound these risks. Speeding on intercity highways: Long stretches of I-5, I-15, and I-80 encourage drivers to exceed speed limits, reducing reaction time and increasing the severity of crashes. Motorcycle and pedestrian density: California’s mild weather means more motorcycles and pedestrians are on the roads year-round, especially in urban areas, raising the likelihood of severe or fatal injuries in crashes. Blind... --- - Published: 2025-06-03 - Modified: 2025-06-03 - URL: https://www.ernstlawgroup.com/blog/are-dump-trucks-responsible-for-broken-windshields/ - Categories: Truck Accidents When trucks hauling material on California highways cause a broken windshield, understanding whether you can seek compensation can be a complicated issue. During a free consultation with a knowledgeable California truck accident lawyer at Ernst Law Group, you can ask questions and get the necessary answers.   Are dump trucks liable for broken windshields in California? Yes, in most cases, although you may struggle to get an insurance company to take responsibility. Keep reading to learn more about your legal options and how to file your claim. Is a dump truck responsible for broken windshields? In California, dump trucks must carry certain signs if they carry hazardous materials, but truck companies often add signs that warn other drivers to keep a reasonable distance from the truck. If a rock or other items smash into your windshield from that truck, you’re likely to think you are to blame if you weren’t far enough away. However, the “Keep Back 100 Feet” sign carries no legal weight. Those signs encourage you to keep your distance and discourage you from filing a claim or lawsuit if a dump truck rock hits your windshield. Some companies may claim they aren’t at fault if the rock or other debris hits the road before striking your vehicle. Your truck accident attorney can investigate to determine whether the debris actually contacted anything before hitting your windshield by conducting a thorough case review.   Dump truck drivers, trucking companies, and loading personnel are responsible for minimizing the risk to... --- - Published: 2025-04-30 - Modified: 2025-05-02 - URL: https://www.ernstlawgroup.com/blog/do-personal-injury-lawyers-always-win/ - Categories: Personal Injury We wish! Even the best personal injury lawyers sometimes fail. Sometimes, the jury falls for an emotional (but baseless) argument made by the defense, sometimes a personal injury attorney isn't the right choice for your type of claim, and sometimes things just go sideways. However, good personal injury lawyers usually win--and win a lot. Most personal injury law firms operate on a contingency fee basis, meaning they only get paid if they win your case. So, most attorneys only take cases where they have a good chance of winning. Our firm has a strong track record of successful jury decisions and negotiated settlements, and we always seek to achieve the best possible outcome for our clients. However, there is a lot more that goes into litigating a personal injury lawsuit, from understanding California statutes to keeping abreast of case law that could impact how statutes are interpreted by your trial judge. When hiring a personal injury lawyer, be wary of any lawyer who guarantees to win your case. Our California personal injury lawyers are pulling back the curtain to show you how savvy attorneys win personal injury claims. How to win a personal injury suit When you seek compensation in a personal injury claim, you file a civil complaint citing negligence on the part of a person or entity responsible for your harm and demand a fair sum for your material losses, like necessary medical treatment for injuries you sustained, and non-material losses, like pain and suffering. Your case may... --- - Published: 2025-04-25 - Modified: 2025-04-25 - URL: https://www.ernstlawgroup.com/blog/can-i-sue-my-landlord-for-personal-injury/ - Categories: Personal Injury California law permits tenants to file a personal injury lawsuit if the landlord’s negligence caused the tenant injury. For example, if the property was in a dangerous condition, and the landlord knew about the dangers but failed to address them in a timely manner, then they can be held liable for your injuries and other losses. Landlord liability doesn’t end with the borders of your private domicile. If the landlord fails to keep the common areas of multi-family rental properties in good repair, like a swimming pool, stairs or elevator, or clubhouse, they can also be held liable for injuries under California premises liability laws. If you have been hurt on the premises of a rental property and want to learn more about your options for suing your landlord, our California personal injury lawyer can explain your rights in a free consultation. Landlord responsibilities and California personal injury law California personal injury law addresses the responsibilities of a landlord to provide a safe, habitable place to live. This implied warranty of habitability requires landlords to maintain their rental properties in a sanitary, safe, and livable condition, fit for human habitation. Not only must the property meet the basic needs of a tenant (secure roof, free from pests or mold that could cause disease, complete with basic amenities like running water, plumbing and electricity, etc. ), but it must also meet local health regulations and building codes. California sets other specific obligations of landlords to tenants; failure to fulfill these obligations... --- - Published: 2025-04-08 - Modified: 2025-09-29 - URL: https://www.ernstlawgroup.com/blog/california-helmet-laws-how-the-law-affects-brain-injury-cases/ - Categories: Brain Injury California is a haven for cyclists, motorcyclists, and outdoor enthusiasts, but these exhilarating activities carry the potential for accidents. Head injuries after a vehicle or other accident are a leading cause of severe and fatal outcomes. A California brain injury lawyer from Ernst Law Group can guide you in understanding California helmet laws and how the law affects brain injury cases. What are California’s helmet laws? Under California Vehicle Code (CVC) Section 27803, all motorcycle riders and passengers must wear helmets that meet the safety standards established by the Department of Transportation (DOT). This mandate applies regardless of age, experience level, the distance traveled, or the type of motorcycle you’re operating. Failure to wear a helmet is a violation and can result in a citation. California also has regulations regarding wearing helmets while cycling. CVC Section 21212 requires anyone under 18 to wear a properly fitted and fastened bicycle helmet while riding a bike, whether on a public road, bike path, or trail. Parents or guardians are also responsible for ensuring their children comply with this law. There’s no mandatory helmet law for adult cyclists in California for traditional, nonmotorized bicycles. However, the California Bicycle Helmet Safety Act strongly encourages helmet use for all ages. Studies consistently show that helmets significantly reduce the risk and severity of head injuries in bicycle accidents. California has helmet laws for specific recreational activities, such as horseback riding on public trails and for minors operating all-terrain vehicles (ATVs). State law § 21212 also requires... --- - Published: 2025-03-03 - Modified: 2025-03-12 - URL: https://www.ernstlawgroup.com/blog/do-semi-truck-accidents-go-to-trial/ - Categories: Truck Accidents More semi-trucks travel along California’s highways, from the 101 to the Golden State Freeway, than nearly any other state in the nation, so California sees more semi-truck accidents, too. In fact, in a recent year, California saw the second-highest number of fatal truck crashes in the country, nearly 500. In that same year, on average, 70% of all large truck accident fatalities were occupants of other vehicles—not the truck. Many of these victims file personal injury lawsuits with the help of an experienced California truck accident attorney. If you’re in this position, you’re likely wondering what to expect next and whether you’ll have to testify. Do semi-truck accidents go to trial? Sometimes, but your attorney typically considers a few key points before taking your claim to trial rather than settle. Factors that make a truck accident case more likely to go to trial Any traffic collision case can go to trial, but a few are more likely than others; commercial vehicle claims are usually ones more likely to go to trial. In fact, your account may contain all of the following reasons that lawyers choose to take a case to trial. High material damages Because truck accidents yield such severe injuries, the medical bills (and thus material damages) are going to be extremely high. If the victim is injured to the point where they cannot live independently and require in-home care or accommodations in a nursing home, then their damages may easily reach eight figures. When an insurance company sees... --- - Published: 2025-02-28 - Modified: 2025-03-12 - URL: https://www.ernstlawgroup.com/blog/federal-truck-driver-regulations-and-liability/ - Categories: Truck Accidents California commercial truck drivers must follow state traffic laws and Federal Motor Carrier Safety Administration (FMCSA) regulations, which are designed to prevent accidents and ensure road safety. Due to truckers' extended hours on the road and the severity of truck accidents, these regulations impose stricter requirements on drivers and trucking companies. FMCSA violations can be critical in determining liability in truck accident cases. If you've been injured in a truck crash, an experienced California truck accident attorney can use these violations to strengthen your claim and pursue fair compensation. How FMCSA regulations affect California truck accident liability FMCSA regulations are intended to make the roads safer for those sharing them with semi-trucks and for truckers themselves. Trucking companies, too, are subject to FMCSA oversight, investigation, and penalties. Certain expectations of trucking companies include properly maintaining their fleet, adequately supervising their drivers, and ensuring that each driver, both contractors and employees, complies with federal laws for truckers. Key FMCSA regulations for truck drivers All commercial truck drivers in California must have a valid commercial driver’s license (CDL) and be at least 21 years old to engage in interstate commerce (driving the vehicle between states). Drivers cannot operate the vehicle longer than eight hours without taking a 30-minute non-driving break and can drive a maximum of 11 hours before a mandatory 10-hour off-duty break. Drivers are required to inspect the truck, trailer, and equipment daily before starting out. If they discover an issue, they must promptly report and log it. All commercial... --- - Published: 2025-02-25 - Modified: 2025-09-18 - URL: https://www.ernstlawgroup.com/blog/how-to-file-an-injury-claim-against-a-business/ - Categories: Personal Injury, Truck Accidents If you suffer a personal injury in California and a company is fully or partly to blame, you may have grounds to file a civil claim against them. Understanding how to file an injury claim against a business requires an understanding of the legal process and any statutes that could impact your ability to seek compensation. The best way to handle this is to work with a qualified California personal injury lawyer who has a strong background in these kinds of claims. When their negligence leads to your personal injury, business owners should be held accountable for your expenses. Below, our team at Ernst Law Group discusses the steps you can follow to achieve a satisfactory outcome. Take action right away to gather evidence and support your claim You may be hurt if you slip and fall in a store, get in a car wreck with a commercial vehicle, or be hurt by a defective product. No matter how a business is involved with your injury, you need to get started immediately, taking care of your health and protecting your chance at compensation. The longer you wait, the greater the chance the company will deny any liability. When you are hurt, the pain can be disorienting and make concentrating hard. If you’re seriously injured, ask someone else to call 911 for help and collect evidence. However, if you’re able, follow these recommendations to boost the strength of your claim: Get medical attention from paramedics or see your doctor within 72... --- - Published: 2025-02-25 - Modified: 2025-02-25 - URL: https://www.ernstlawgroup.com/blog/recognizing-the-impact-of-traumatic-brain-injuries-on-families/ - Categories: Brain Injury, Truck Accidents Traumatic brain injuries (TBIs) affect millions of Americans every year, yet the reported numbers don’t address the burden their families feel in the years after their loved one is hurt. Those with a TBI may suffer additional issues or injuries, dramatically altering their future and requiring greater support from their family members. If someone else is to blame for the TBI, both the victim and their loved ones deserve compensation, acknowledging the impact on their lives.   Below, a California brain injury lawyer from Ernst Law Group discusses recognizing concussions and how traumatic brain injuries impact the family of a TBI patient. Traumatic brain injuries turn the patient’s and family’s worlds upside down The Centers for Disease Control and Prevention (CDC)’s data analysis tool, the Web-based Injury Statistics Query and Reporting System (WISQARS), shows a total of 223,635 fatal traumatic brain injuries in 2023 across the United States. Those who survive TBIs number around five million, requiring billions in care each year for treatment, rehabilitation, and ongoing care. It’s vital to consider how significantly these unexpected injuries affect a patient’s parents, children, siblings, and other family members. Ways you can support yourself as a caretaker The Model Systems Knowledge Translation Center (MSKTC) advises caretakers to be aware of the stress they face and identify ways to cope with it. It can be easy to believe that you have to sacrifice every moment to care for the patient. Yet, an old saying goes, “You can’t pour from an empty cup. ”... --- - Published: 2025-02-24 - Modified: 2025-03-12 - URL: https://www.ernstlawgroup.com/blog/3-reasons-why-you-need-a-truck-rollover-accident-lawyer/ - Categories: Truck Accidents Rollover semi-truck accidents are devastating, often leaving victims with severe injuries and overwhelming medical expenses. Due to the serious injuries involved and the high-value claims they generate, these cases are far more complex than standard car accidents. That’s why successfully securing compensation requires an experienced California truck accident attorney who understands the unique challenges of truck accident litigation. Choosing the right lawyer can make all the difference in proving liability and obtaining a fair settlement or trial verdict. Accurately valuing high-stakes truck accident claims Valuing the economic losses from a truck accident is simple: Any personal injury attorney can total the cost of your medical care, lost wages, and property damage. However, you’re also entitled to future medical costs, which for truck accident victims can be considerable, especially if you need an extended stay in a nursing home to recover, in-home health care, or physical and occupational therapy. Many victims are permanently disabled, requiring modifications to their homes and vehicles to accommodate their disabilities. Your damages cover this, too. If you cannot remain in your current job because of your new disability, you are entitled to the difference in earning potential. Future medical expenses Valuing future needs is more complex. Usually, attorneys work with medical experts to estimate the medical care necessary for the next several years and economic experts to properly value the difference in earnings, including retirement contributions and pensions. When material damages top seven figures, there must be a very solid justification for that amount. Insurance companies... --- - Published: 2025-02-12 - Modified: 2025-02-13 - URL: https://www.ernstlawgroup.com/blog/common-causes-of-truck-accidents-in-california/ - Categories: Truck Accidents One of the most common causes of truck accidents is human error. Whether it’s the driver making a mistake, an inspector overlooking an issue, or a freight team incorrectly loading cargo, an individual or individuals at a company are usually to blame. Identifying each potential party who holds liability can be extremely complicated, so hiring a qualified California truck accident lawyer with Ernst Law Group for your claim should be your priority. Negligence is often to blame in California truck accidents A crash with an 18-wheeler or other large truck often leaves victims with serious injuries that can dramatically alter the course of their lives. In many cases, motorists in smaller vehicles do not survive, devastating their surviving family members. If you or a loved one has been injured this way, you likely have questions concerning who is at fault and what caused the crash. The Federal Motor Carrier Safety Administration (FMCSA) produces a report on Large Truck and Bus Statistics every year. The most recent data is from 2022 although the main causes of truck accidents change very little from year to year. The most common factors include: Speeding or reckless driving Driver distraction Driver fatigue Alcohol or drug use Mechanical problems or safety violations Although other factors such as driver inexperience or road and weather conditions may contribute to a crash, our truck accident lawyers find there’s usually a person, company, or government agency that carries fault. We will work tirelessly to bring those parties to justice so... --- - Published: 2025-02-11 - Modified: 2025-03-25 - URL: https://www.ernstlawgroup.com/blog/is-a-tow-truck-liable-if-it-damages-your-car-2/ - Categories: Truck Accidents After an accident or malfunction, you expect the tow truck driver and towing company to safely deliver your car or truck without causing harm. Yet, if a tow truck damages your car, are they liable? The answer depends on a number of factors, and a California truck accident lawyer can help you identify everyone who is at fault. Below, our team at Ernst Law Group discusses whether tow trucks are liable for the damage they cause during transport and what you can do to hold them accountable if they are.   Are tow truck drivers responsible for damages? If your vehicle simply doesn’t start, it can be relatively easy to hook it up and tow it to a repair location. If it’s damaged from an accident, getting it safely relocated can be more complicated if the tow truck operator struggles to load it properly onto a flatbed trailer. Regardless of why your car is in tow, there are a few kinds of damage that can occur, including: Body damage: If the driver isn’t careful when attaching the tow hooks, it could cause structural or cosmetic damage to exterior portions of the car. Mechanical damage: Towing an all-wheel-drive vehicle on a lift tow truck can severely damage the transmission. If a front-wheel-drive car isn’t put into neutral before towing, it can also harm the transmission. Undercarriage damage: If the operator must attach the cables to the underside of your car, they could cause serious damage to the exhaust system or axles... --- - Published: 2025-01-27 - Modified: 2025-04-16 - URL: https://www.ernstlawgroup.com/blog/rise-of-class-action-lawsuits-in-the-entertainment-industry/ - Categories: Class Action The entertainment industry is more than just Hollywood. It covers video games, sports, movies and TV, and social media. Media and entertainment industries are governed by complex precedents developed over decades, with complex legal issues that touch on patents, trade secrets, breach of contract, labor and compensation, user privacy, and unfair competition, among many other things. The rapidly changing technology over the past 20 years and the rise of social media have bred novel legal issues, and the laws haven’t caught up with many of the current issues at play. Class action suits are a legal vehicle for a group of people harmed in the same manner by the same entity to get justice in the form of financial compensation for their losses. Violation of privacy, exorbitant online ticket purchase fees, and discrimination are common allegations in entertainment industry class action suits. Contact Ernst Law Group today at (805) 541-0300 for a free consultation with a San Luis Obispo class action attorney. Why are class action lawsuits increasing in number? Entertainment industry class action lawsuits may be increasing because more consumers realize that they have power when they work together. Recently, Taylor Swift fans sued the concert ticket distribution giant TicketMaster for gouging ticket prices and unnecessary fees. These cases get plenty of media attention and shine a light on some of the unscrupulous practices in the entertainment industry. A class action suit may be the only avenue for change to some of these practices. If entertainment conglomerates realize that... --- - Published: 2025-01-23 - Modified: 2025-03-27 - URL: https://www.ernstlawgroup.com/blog/can-a-brain-injury-cause-a-change-in-personality/ - Categories: Brain Injury After a loved one suffers a brain injury, it’s not uncommon for friends and family to notice what seems like a personality change. This change can range from a mild or occasional bursts of aggression to long term, serious mood changes. In some cases they come and go, leaving the brain injury patient feeling as if they have two different people inside of them—or as if they have no control over themselves. This apparent change in personality is one of the most disconcerting and painful aspects of a brain injury. But in most cases it is not a true personality change. Instead it is the net effect of stress, confusion and brain damage, which comes across as sudden changes in behavior. The person living with the brain injury may feel as if they are still the same on the inside, but their behavior is different outside. These types of changes happen for five reasons: Damage to key areas that regulate emotional function. Different brain injuries cause damage to different brain areas, and some specific areas control or contribute to emotional function. If the frontal or temporal lobes, amygdala, or hippocampus are damaged, it may cause emotional volatility, increased aggression, agitation, sudden verbal outbursts, verbal or physical attacks, and loss of impulse control. This is the cause of the most dramatic changes in personality, which may come and go without warning. Stress and physical pain. Everyone, with or without a brain injury, is more likely to get frustrated, agitated or aggressive... --- - Published: 2025-01-23 - Modified: 2025-01-23 - URL: https://www.ernstlawgroup.com/blog/how-to-prevent-fatal-motorcycle-crashes/ - Categories: Motorcycle Accident, Personal Injury Motorcycle crashes can be devastating, and unfortunately, they often result in fatal injuries. According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists are 28 times more likely to die in a crash than drivers of other vehicles. At Ernst Law Group, our motorcycle accident lawyers understand the pain and heartache families endure after losing a loved one in a motorcycle accident. While there are many factors that contribute to these crashes, there are practical steps that both motorcyclists and motorists can take to help prevent fatal motorcycle crashes. Stay visible and alert: how motorcyclists can help prevent fatal motorcycle crashesVisibility is one of the biggest challenges for motorcyclists. The small size of a motorcycle compared to a car or truck makes it harder for other drivers to see, especially at intersections or in low-light conditions. To help prevent fatal motorcycle crashes, riders should always wear bright or reflective gear, including helmets, jackets, and gloves. High-visibility clothing can make all the difference when it comes to being seen on the road. Additionally, motorcyclists should stay alert to potential hazards, including road conditions, distracted drivers, and other vehicles’ blind spots. Always assume that other drivers may not see you and be ready to react if necessary. Be cautious at intersections: a leading cause of motorcycle accidentsIntersections are one of the most dangerous places for motorcyclists, and a major factor in fatal motorcycle crashes. According to the NHTSA, about 42% of motorcycle accidents involve another vehicle making a left turn in front... --- - Published: 2025-01-13 - Modified: 2025-01-13 - URL: https://www.ernstlawgroup.com/blog/who-is-at-fault-in-truck-accidents-company-vs-driver-getting-compensation-for-california-truck-accidents/ - Categories: Personal Injury, Truck Accidents The aftermath of a truck accident is overwhelming. The injuries you sustain can have devastating, lifelong consequences and astronomical medical bills. Whether you have insurance or not, you could be paying tens of thousands to cover the cost of medical care during a time when you should be able to focus on your recovery. Are you faced with financial difficulties because of someone’s negligence? Hold them accountable and recover the money you’re owed. Proving Negligence How do you prove that the truck driver who caused your accident was negligent? With the help of an experienced truck accident attorney. Your attorney will work to prove that either the driver or trucking company was negligent in some way. Maybe the fleet wasn’t properly maintained. Perhaps the driver was distracted. An experienced truck accident lawyer in California will get to the heart of the matter. Ernst Law Group is here if you have any questions about your truck accident injury claim or need assistance building a strong case. Schedule a free, no-obligation consultation now when you call (805)-541-0300 or contact us online. Negligence isn’t the only thing you will have to prove in court. You will also have to show that your injuries were a direct result of the accident. Your attorney understands what evidence is necessary to build a solid case. While you can certainly file a lawsuit on your own, having an expert advocate in your corner improves your chances of a positive outcome tenfold. Four Elements of a Successful Case... --- - Published: 2025-01-13 - Modified: 2025-01-13 - URL: https://www.ernstlawgroup.com/blog/factors-that-influence-the-length-of-your-truck-accident-case/ - Categories: Personal Injury, Truck Accidents As experienced truck accident lawyers in San Luis Obispo, we have represented thousands of clients. One of the questions we are asked most often is how long it will take to resolve a case. There is, unfortunately, no clear-cut answer to this question. However, several factors influence the predicted length of your truck accident case. Get Answers About Your Truck Accident Case A trustworthy attorney will speak of case length in general terms. Typically, the larger the claim, the longer the case. The more difficult the investigation, the longer the case. On the other hand, some cases are easy to settle because the details are extremely clear and the insurance company is willing to accept the amount of liability in question. If you or a loved one has been involved in a truck accident in San Luis Obispo, call Ernst Law Group today at (805) 678-0272. Or, contact us online to discuss your incident with one of our expert attorneys at no cost to you. In the meantime, continue reading to discover the factors that contribute to the length of a truck accident case. Your Injuries In some wrecks, your injuries are immediately obvious. In others, you aren’t aware of the full extent of your injuries for weeks or months. An accident victim will not know how much their case may be worth until they are well into the recovery process. Your injuries may require a single medical visit or years of therapy. This variance can have an impact on... --- - Published: 2025-01-11 - Modified: 2025-01-13 - URL: https://www.ernstlawgroup.com/blog/can-i-go-to-court-if-my-insurance-claim-is-denied/ - Categories: Personal Injury When you file an insurance claim, you expect that your claim will be honored and that the insurer will help you repay all of your accident losses. After all, isn’t that what insurance is for? Unfortunately, this is not always how it works. Insurers have a profit-driven motive to pay out as little as possible for claims. They may expedite certain claims and honor most of the losses. Other times they will fight tooth and nail to deny a claim or deny certain areas of coverage. What to Do When You’ve Been Denied So, what can you do when your claim is denied? The answer depends on the type of insurance policy you were filing under and the specific language of that policy. Many first-party claims (filing with your own insurance) contain forced arbitration clauses, meaning you could be unable to take your claim to court in the event of a dispute. Some third-party claims also include some form of mandatory alternative dispute resolution (ADR), although these arbitrations are less likely to be binding. Overall, it always helps to have an experienced San Luis Obispo personal injury attorney in your corner when the claims process gets complicated. Your attorney can investigate the incident that led to your losses, examine the language of your policy, and work to refute common defenses insurers use to avoid liability. Call Ernst Law Group today to schedule a free, no-obligation case review with one of our personal injury attorneys in San Luis Obispo. We will... --- - Published: 2025-01-09 - Modified: 2025-01-09 - URL: https://www.ernstlawgroup.com/blog/dog-bite-statistics-need-know/ - Categories: Dog Attack Injury, Personal Injury While many people fear being bitten by a dog, most don't know just how common dog bites really are. According to the Centers for Disease Control, there are about 4. 5 million dog bites each year in the United States. Just under a million of those bites become infected. When you take into account the population of the country, that means that about 1 out of every 72 people is bitten by a dog each year, and those are just the bites that are reported. The thought of being bitten by a dog strikes fear in the heart of many people. It's less scary when you have information on your side. Here are dog bite statistics that every person should be aware of. 1. Why Dogs Bite Dogs bite for a variety of reasons. We aren't talking about play biting, but aggressive bites. A dog may bite when they are stressed, physically ill, to protect themselves or their owners, to protect their puppies or even when they feel threatened and can't get away from a situation. 2. Breeds to Watch There are breeds that are more likely to bite, then there are breeds that have the strongest bites. These aren't always the same. Chihuahuas, bulldogs, pit bulls, German shepherds and Australian shepherds round out the list of breeds most likely to bite. Alternatively, the Kangal, English mastiff, wolfdog, rottweiler and African wild dog have the strongest bites. These lists are certainly not all inclusive. Any dog can bite, and any... --- - Published: 2025-01-07 - Modified: 2025-01-08 - URL: https://www.ernstlawgroup.com/blog/interstate-vs-intrastate-trucking/ - Categories: Personal Injury, Truck Accidents Regarding interstate vs intrastate trucking, the difference lies in where a truck travels. An interstate trucker can legally travel across state lines or national borders when transporting freight. Comparatively, an intrastate trucker is only authorized to deliver freight within one state. If you have been involved in an interstate or intrastate trucking crash in San Luis Obispo, CA, Ernst Law Group can help you. Our San Luis Obispo semi-truck accident attorney is available to review your case. Contact us today for a free initial consultation. What is interstate trucking? An interstate trucker can travel between states or nations. Examples of trucks used to transport interstate freight include: Flatbed trailers Dry vans Tankers Semis Refrigerated trailers What is intrastate trucking? An intrastate trucker can pick up and deliver freight exclusively within one state. Types of intrastate trucks include: Box trucks Tow trucks Garbage trucks Concrete-mixing trucks Dump trucks What is the difference between intrastate vs interstate trucking licensing requirements? An intrastate trucker must travel within California with a commercial driver's license (CDL). A CDL is required for a trucker who wants to operate vehicles that meet any of the following criteria: Gross vehicle weight rating (GVWR) of 26,001 lbs. or more GVWR that's less than 26,000 lbs. and is designed, used, or maintained to transport more than 10 passengers, including the driver. Serves as a combo vehicle with a gross combination weight rating (GCWR) of 26,001 or more lbs. Tows another vehicle that has a GVWR of 10,001 lbs. or more... --- - Published: 2024-11-22 - Modified: 2025-01-27 - URL: https://www.ernstlawgroup.com/blog/how-to-prove-liability-in-cargo-truck-accidents/ - Categories: Truck Accidents Cargo truck accidents often lead to severe injuries, significant property damage, and even fatalities. Establishing liability in a cargo truck accident is critical for victims to secure compensation for their losses. However, these cases can be complex, as multiple parties may share responsibility, including truck drivers, trucking companies, cargo loaders, and manufacturers. At Ernst Law Group, our California truck accident attorneys understand the challenges victims face after a cargo truck accident. This comprehensive guide explains how to prove liability, common causes of cargo truck accidents, and the legal options available under California law. Understanding liability in cargo truck accidents Determining liability in a cargo truck accident involves identifying which party or parties acted negligently, leading to the accident. Negligence occurs when a party fails to exercise reasonable care, resulting in harm to others. Proving liability requires evidence that establishes: The at-fault party owed a duty of care to the victim. The at-fault party breached that duty through negligence or wrongdoing. The breach directly caused the accident and resulting injuries or damages. Proving liability in cargo truck accidents Proving liability in a cargo truck accident requires a thorough investigation and compelling evidence. Key steps include the following. 1. Investigate the accident A comprehensive investigation is essential to identify the cause of the accident and the responsible parties. Evidence may include: Police reports and crash scene photos Witness statements Surveillance or dashcam footage Truck driver logs and electronic logging device (ELD) data Maintenance and inspection records 2. Examine cargo handling Cargo-related issues... --- - Published: 2024-11-12 - Modified: 2025-01-27 - URL: https://www.ernstlawgroup.com/blog/underride-accidents-your-rights-as-a-victim/ - Categories: Truck Accidents Underride accidents are among the most devastating types of crashes on the road, often resulting in catastrophic injuries or fatalities. These accidents occur when a smaller vehicle slides under a large truck or trailer, typically during a collision. Due to the significant size and weight difference between passenger vehicles and commercial trucks, underride accidents frequently have life-altering consequences for victims and their families. At Ernst Law Group, our California truck accident attorneys understand the profound impact underride accidents can have on victims and their loved ones. Keep reading to explore the dangers of underride accidents, the rights of victims, and the legal options available to seek justice and compensation under California law. What is an underride accident? Underride accidents happen when a passenger vehicle becomes wedged under a large truck, such as a semi-truck or tractor-trailer. These accidents typically occur in two main ways: Rear underride accidents: When a smaller vehicle collides with the rear of a truck or trailer, often due to sudden stops, poor visibility, or lack of proper underride guards. Side underride accidents: When a vehicle slides under the side of a truck or trailer, often during lane changes, low lighting conditions, or when the truck is turning. Both types of underride accidents can shear off the top of the smaller vehicle, causing catastrophic injuries or fatalities to the occupants. Why are underride accidents so dangerous? The unique nature of underride accidents makes them particularly deadly. Key dangers include: Severe force of impact: The smaller vehicle absorbs... --- - Published: 2024-10-20 - Modified: 2024-10-31 - URL: https://www.ernstlawgroup.com/blog/tbi-blood-test/ - Categories: Brain Injury Until now, diagnosing a traumatic brain injury (TBI) often involved a combination of subjective assessments—like patient-reported symptoms, neurological exams, and CT scans. But thanks to recent advancements, a new TBI blood test is transforming the way medical professionals identify and treat TBIs, offering a rapid, objective tool that could improve care and outcomes for TBI patients. At Ernst Law Group, our California brain injury lawyers understand the gravity of TBIs and their impact on victims and families. This new testing approach is an exciting development for anyone affected by TBIs, and we’re here to guide you through what this breakthrough means, the advantages it offers, and how it can play a role in legal cases related to brain injuries. What is the TBI blood test? The i-STAT TBI test, developed in collaboration with the U. S. Department of Defense, is a rapid, handheld diagnostic tool designed to detect biomarkers in the blood that indicate a traumatic brain injury. Biomarkers are proteins released into the bloodstream when the brain suffers an injury, and they offer a measurable, objective indicator that can support or rule out a TBI diagnosis. The test can produce results within 15 minutes, making it a powerful tool for triaging patients quickly. A negative result can rule out the need for a CT scan, while a positive result can guide medical professionals in deciding on further testing or treatment. The i-STAT TBI plasma test, currently in use, has proven highly effective in emergency settings and may reduce unnecessary... --- - Published: 2024-10-13 - Modified: 2024-10-31 - URL: https://www.ernstlawgroup.com/blog/how-to-protect-child-from-concussions-in-sports/ - Categories: Brain Injury A concussion is a brain injury caused by a sudden impact or blow to the head, which can occur in high-contact sports like football, soccer, and basketball, as well as low-contact activities. Youths are especially vulnerable because their brains are still developing, and repeated head injuries can lead to lasting issues, such as difficulty concentrating, mood changes, memory problems, and even increased sensitivity to future concussions. At Ernst Law Group, we are dedicated to helping families understand the risks and take proactive steps to safeguard their children in sports. Below, our San Luis Obispo brain injury lawyers cover the best ways to minimize the risk of concussion in youth sports, legal options if your child is injured, and key California laws that protect young athletes. How to protect your child from concussions There are several effective ways to minimize the risk of concussion in youth sports, from ensuring the right equipment to promoting good sportsmanship. 1. Ensure proper protective equipment Proper gear is the first line of defense against concussions. Ensure your child has a helmet that fits properly and meets safety standards for their sport. For example: Football: Helmets must meet National Operating Committee on Standards for Athletic Equipment (NOCSAE) standards. Soccer: While helmets are not typically worn, headgear designed to cushion headers is available. Hockey: Ensure helmets fit snugly and have a face shield to protect from falls and impact. Helmets are designed to absorb impact and reduce the risk of skull fractures but do not fully eliminate... --- - Published: 2024-10-02 - Modified: 2025-01-27 - URL: https://www.ernstlawgroup.com/blog/what-to-do-if-a-family-member-is-killed-in-a-truck-accident/ - Categories: Truck Accidents Losing a loved one is heartbreaking, but when that loss happens suddenly in a truck accident, the emotional and financial impact can feel unbearable. If your family member was killed in a truck accident, you're likely overwhelmed with questions: What are your legal options? Who is responsible? How can you secure justice and the compensation your family deserves? We know how complex truck accident cases can be at Ernst Law Group, and we're here to guide you through this challenging time. In this blog, our California truck accident lawyers walk you through the crucial steps to take after a family member is killed in a truck accident, how wrongful death lawsuits work in California, and what you can do to hold the responsible parties accountable. Immediate steps to take after a truck accident In the aftermath of a fatal truck accident, it’s difficult to think clearly. However, certain steps can help protect your family’s legal rights and hold responsible parties accountable. 1. Report the accident If the accident hasn’t already been reported to the authorities, contacting law enforcement is crucial. A police report will document important details of the accident, including witness statements, the location, and any potential contributing factors, such as driver negligence or unsafe road conditions. 2. Gather information While it may be emotionally challenging, gathering as much information as possible about the accident is important for your case. This includes obtaining: Police reports Contact information for witnesses Photos or videos of the accident scene (if available) Information... --- - Published: 2024-09-23 - Modified: 2024-10-24 - URL: https://www.ernstlawgroup.com/blog/psychological-effects-of-tbi/ - Categories: Brain Injury Traumatic brain injuries (TBIs) don’t just impact your physical health—they can turn your entire emotional and psychological world upside down. While physical recovery often takes center stage, the psychological effects of TBI can be just as challenging, if not more so. These mental health struggles can have a lasting impact on victims and their families long after the initial injury. At Ernst Law Group, our California brain injury lawyers know how overwhelming TBI cases can be, and we are dedicated to helping victims through the medical and legal challenges of such life-altering injuries. In this blog, we’ll dive into the psychological effects of TBIs, explore how they can reshape victims' lives, and outline the legal options available to those seeking compensation for the emotional toll of their injury. Understanding the psychological effects of TBI Traumatic brain injuries can result from car accidents, falls, sports injuries, or workplace incidents. These injuries disrupt normal brain function, leading to various psychological and emotional effects. The severity of the psychological impact depends on the extent and location of the brain injury, as well as the individual’s pre-existing mental health. Some of the most common psychological effects of TBI include the following. Depression Depression is one of the most prevalent psychological effects of TBI. After experiencing a traumatic injury, many victims struggle with feelings of hopelessness, sadness, and a lack of motivation. The injury itself can trigger depression, changes in brain chemistry, or the emotional toll of adjusting to a new reality, including physical limitations... --- - Published: 2024-09-12 - Modified: 2024-10-21 - URL: https://www.ernstlawgroup.com/blog/early-tbi-diagnosis/ - Categories: Brain Injury Traumatic brain injuries (TBI) are some of the most serious and potentially life-altering injuries a person can sustain. Often resulting from accidents like car crashes, falls, or sports injuries, TBIs can lead to long-term physical, cognitive, and emotional complications. The key to minimizing these effects is early intervention. This blog will explore why early TBI diagnosis is crucial, the potential consequences of delayed treatment, and how timely medical care can improve outcomes. At Ernst Law Group, our California brain injury lawyers understand the complexities of TBI cases and are committed to helping victims get the care and compensation they deserve. Why early TBI diagnosis is critical Early diagnosis of a traumatic brain injury is essential for several reasons. The sooner a TBI is identified, the sooner treatment can begin, reducing the risk of long-term complications and improving the chances of recovery. Unfortunately, because some brain injuries may not present immediate symptoms, they often go undiagnosed for days or even weeks after an accident. Understanding the importance of early TBI diagnosis can save lives and prevent further deterioration of a person’s health. Preventing long-term complications One of the primary reasons for early diagnosis is to prevent the long-term effects of a brain injury. Even a mild TBI, such as a concussion, can have lasting impacts if not properly treated. Untreated TBIs can lead to conditions like chronic headaches, memory loss, difficulty concentrating, emotional instability, and even permanent cognitive impairment. Early medical intervention allows healthcare professionals to begin treatment before these issues... --- - Published: 2024-08-30 - Modified: 2024-09-19 - URL: https://www.ernstlawgroup.com/blog/signs-of-brain-injury-after-an-accident/ - Categories: Brain Injury Brain injuries can be devastating, and they don’t always show immediate symptoms. If you've been involved in an accident, recognizing the signs of brain injury after the accident can be critical to getting the medical attention you need. At Ernst Law Group, we understand how traumatic brain injuries (TBIs) can affect victims and their families. Keep reading to learn common signs of brain injuries, what to do if you suspect one, and how California law protects you after such an injury. If you or a loved one suffered a TBI in an incident that wasn’t your fault, call our California brain injury lawyers at (805) 541-0300. Common signs of brain injury after an accident After an accident, brain injuries might not be immediately apparent. Symptoms can range from mild to severe and may develop over time. Below are some of the most common signs that indicate you may have sustained a brain injury: Loss of consciousness – Even a brief loss of consciousness is a strong indicator of brain injury and should be taken seriously. Headaches – Persistent or severe headaches after an accident may signal internal brain damage. Confusion or disorientation – Feeling confused or struggling to remember details can indicate a brain injury, especially shortly after the incident. Dizziness or balance issues – Lightheadedness, loss of balance, or difficulty walking could indicate brain damage. Nausea or vomiting – These are common symptoms of brain injury, particularly following a concussion. Blurred vision or light sensitivity – Vision problems and... --- - Published: 2024-08-22 - Modified: 2024-09-19 - URL: https://www.ernstlawgroup.com/blog/spinal-cord-injury-compensation/ - Categories: Spinal Cord Injury At Ernst Law Group, we are committed to helping injury victims secure the compensation they need to rebuild their lives. This blog will explore how spinal cord injury compensation works, the damages you can recover, and the legal process involved. Keep reading to learn the types of compensation you may be entitled to, then call our San Luis Obispo spinal cord injury lawyers at (805) 541-0300. Understanding spinal cord injuries A spinal cord injury occurs when damage occurs to any part of the spinal cord or nerves at the end of the spinal canal. This damage can result from traumatic incidents, such as car accidents, falls, sports injuries, or workplace accidents. The effects of a spinal cord injury can vary, depending on the location and severity of the damage. Some individuals may experience partial or total paralysis, while others may face chronic pain, impaired motor function, or loss of sensation. The financial and emotional toll of living with a spinal cord injury is substantial. Many SCI victims require lifelong medical care, assistive devices (such as wheelchairs or walkers), and home modifications to accommodate their condition. These expenses can quickly add up, making spinal cord injury compensation crucial to managing the costs. Types of compensation available for spinal cord injury victims If you've suffered a spinal cord injury due to someone else's negligence, you are entitled to pursue compensation for a wide range of damages. The goal of spinal cord injury compensation is to help victims recover the costs associated with... --- - Published: 2024-08-16 - Modified: 2025-04-09 - URL: https://www.ernstlawgroup.com/blog/long-term-care-for-brain-injury-patients/ - Categories: Brain Injury Long-term care for traumatic brain injury (TBI) patients involves a comprehensive approach to managing the physical, cognitive, and emotional impacts of the injury. This type of care can include various services, from rehabilitation and therapy to assistance with daily living activities and ongoing medical supervision. The goal is to help patients regain as much independence as possible while providing the support they need to live a fulfilling life. At Ernst Law Group, we are committed to helping you through this journey, ensuring you and your loved ones access the care and resources needed for the best possible outcome. Keep reading to learn about long-term care for TBI patients, then contact our California brain injury lawyers for legal assistance.   Types of long-term therapy services for TBI patients Rehabilitation therapy Brain injury patients often require physical, speech, and vocational therapy to help them recover lost abilities and improve their quality of life. Depending on the severity of the injury, these therapies can be part of both short-term and long-term care plans. Medical care Ongoing medical supervision is essential for managing the long-term effects of a brain injury, including medication management, monitoring for complications, and coordinating with specialists. Personal care assistance Many brain injury patients need help with daily activities such as bathing, dressing, eating, and mobility. Caregivers, whether professional or family members are critical in providing this support. Cognitive and behavioral therapy Brain injuries can affect cognitive functions such as memory, attention, and problem-solving skills and cause behavioral changes. Long-term care... --- - Published: 2024-08-13 - Modified: 2024-08-13 - URL: https://www.ernstlawgroup.com/blog/medicare-and-personal-injury-settlements/ - Categories: Personal Injury Dealing with a personal injury is challenging enough without the added complexity of navigating Medicare's involvement in your settlement. If Medicare has paid for any of your medical expenses related to the injury, their right to reimbursement can significantly impact the final amount you receive. At Ernst Law Group, we’re here to help you navigate this often confusing process so you can focus on your recovery while we handle the legal details. Keep reading to learn more about Medicare and injury settlements, then call our California personal injury lawyers at (805) 541-0300 to schedule your free consultation. Understanding Medicare and personal injury settlements Medicare is a federal health insurance program primarily for people aged 65 and older, as well as some younger individuals with disabilities. If Medicare has paid for medical expenses related to your injury, it has the right to be reimbursed from any settlement you receive. This reimbursement obligation can significantly affect how much money you receive from your settlement. Medicare’s right to reimbursement Under federal law, Medicare is considered a “secondary payer,” which means it only pays for medical expenses after all other responsible parties have paid. When you receive a personal injury settlement, Medicare must be reimbursed for any medical costs related to your injury. This reimbursement is often referred to as a “Medicare lien. ” Medicare liens in personal injury cases A Medicare lien is a claim by Medicare to recover the money it has paid for your medical treatment from your personal injury settlement.... --- - Published: 2024-07-10 - Modified: 2025-01-27 - URL: https://www.ernstlawgroup.com/blog/california-carb-regulations-for-trucks/ - Categories: Truck Accidents California's CARB regulations significantly impact personal injury law, particularly in cases involving truck accidents and air quality-related health issues. Here’s how these strict environmental regulations tie into California truck accident law. Emission standards California CARB regulations Stricter emission limits – CARB enforces more rigorous emission standards for particulate matter (PM) and nitrogen oxides (NOx) from diesel engines. This includes mandatory retrofitting or replacement of older engines to meet these standards. Advanced clean trucks rule – Requires manufacturers to sell an increasing number of zero-emission trucks, with the goal of transitioning the truck market to electric and hydrogen fuel cell technologies by mid-century. Federal regulations EPA emission standards – The Environmental Protection Agency (EPA) sets national standards for PM and NOx emissions from diesel engines. While stringent, these standards are generally less aggressive than California's. Vehicle and engine requirements California CARB regulations Truck and bus regulation – Requires diesel trucks and buses to have modern engines that meet 2010 emission standards by specific deadlines, generally earlier than federal requirements. Periodic Smoke Inspection Program (PSIP) – Mandates annual smoke opacity tests for diesel fleets to ensure compliance with emission standards. Federal regulations EPA’s SmartWay program – Encourages the adoption of fuel-efficient technologies and practices but lacks CARB regulations' enforcement power and deadlines. Fuel standards California CARB regulations Low Carbon Fuel Standard (LCFS) – This standard mandates reducing the carbon intensity of transportation fuels used in California, promoting the use of cleaner alternative fuels and electric vehicles. Federal regulations Renewable Fuel Standard (RFS)... --- - Published: 2024-07-10 - Modified: 2025-01-27 - URL: https://www.ernstlawgroup.com/blog/truck-accident-compensation-know-what-you-may-be-entitled-to/ - Categories: Truck Accidents Truck accidents can have devastating consequences, leading to severe injuries, significant property damage, and substantial financial burdens. At Ernst Law Group, our California Truck Accident Attorneys are committed to helping you navigate this complex legal landscape and secure the compensation you deserve. Keep reading to learn the various damages you can recover in a California truck accident lawsuit, then contact us at (805) 541-0300 to schedule your free consultation. Understanding truck accident compensation Truck accident compensation (damages) refers to the monetary recovery that victims of truck accidents are entitled to receive. This compensation aims to cover the losses and expenses incurred due to the accident, ensuring that victims are not left to bear the financial burden alone. The compensation can be categorized into economic, non-economic, and punitive damages. Economic damages Economic damages (“actual damages”) are quantifiable monetary losses resulting directly from the accident. They are designed to compensate the victim for out-of-pocket expenses and financial losses. Key components of economic damages include the following. Medical expenses One of the most significant aspects of economic damages is medical expenses. This includes: Emergency room visits Hospital stays Surgery and medical procedures Rehabilitation and therapy Medication Future medical costs Lost wages Truck accidents often result in injuries that prevent victims from working. Compensation for lost wages includes current and future lost wages. Property damage Truck accidents can cause significant damage to personal property. Compensation for property damage includes: Vehicle repair or replacement: Costs for repairing or replacing the damaged vehicle. Personal property: Compensation... --- - Published: 2024-05-23 - Modified: 2025-01-27 - URL: https://www.ernstlawgroup.com/blog/what-freeway-has-the-most-accidents-in-california/ - Categories: Truck Accidents The movement of goods by commercial trucks over California’s extensive network of freeways comes with a risk of accidents that cause significant damage. Understanding what freeway has the most truck accidents in California and the factors contributing to these crashes is crucial to lowering your risk of a collision. However, if you’ve been involved in a truck accident, a California truck accident lawyer from Ernst Law Group can help you navigate the legal process to recover compensation for your damages. What are California’s riskiest freeways for truck accidents? Several California freeways emerge as contenders for the most truck collisions, including: Interstate 5 (I-5) According to the California Office of Traffic Safety (OTS), many of the state’s distracted driving accidents resulting in fatalities occur on Interstate 5. Several factors cause truck accidents on the 5 freeway: High truck volume – I-5 experiences heavy traffic, particularly in sections connecting major cities, increasing the risk of 5 freeway truck accidents. Topography – Portions of I-5 traverse mountainous terrain, including the notorious Grapevine section near Tejon Pass. Steep grades and curves pose challenges for truck drivers. Urban congestion – In metropolitan areas like Los Angeles and San Diego, I-5 intersects with local traffic, leading to congestion and heightened accident risk. Freight corridor – As a central freight corridor, I-5 sees a constant stream of trucks transporting goods to and from California’s ports and distribution centers, which can increase the pressure to meet tight delivery schedules. Interstate 10 (I-10) Another California freeway with many accidents... --- - Published: 2024-04-24 - Modified: 2025-03-27 - URL: https://www.ernstlawgroup.com/blog/10-actions-to-take-after-a-motorcycle-accident/ - Categories: Motorcycle Accident FAST FACTS An estimated 4,990 people were killed in motorcycle accidents in 2017. A motorcyclist has a 28x more chance of being killed than a person in a vehicle. Motorcyclists constituted 14% of all road fatalities in 2017. Being involved in a motorcycle accident is frightening, to say the least. If you are lucky enough to walk away without injury, the experience will haunt your memory for the rest of your life. It’s nothing compared to the life-altering consequences of suffering serious injury. As San Luis Obispo motorcycle accident attorneys, we know that traumatic brain injury, spinal cord injury, and broken bones are common results of such a powerful collision. Because the injuries and necessary medical care following this type of crash can be so severe, you may discover that filing a lawsuit to recover damages is your only option. Unfortunately, many people make mistakes following a motorcycle accident that negatively impacts their chance of a successful judgment. If you are involved in a wreck, the steps you take immediately after are more important than you may think. We have put together a list of ten steps, based on our experience representing accident victims, that you should take if you are injured in a motorcycle accident. 1. STAY AT THE SCENE Do not leave the scene of the accident even if it was a hit-and-run or you collided with a fixed object. Leaving the scene constitutes a crime and means that you can be cited, even if you were injured. Always stay put and... --- - Published: 2024-04-24 - Modified: 2024-04-25 - URL: https://www.ernstlawgroup.com/blog/can-i-sue-my-employer-for-personal-injury/ - Categories: Personal Injury Most of the time, you cannot sue your employer for personal injury in California. This is the rule that most attorneys know. However, when you are injured at work, there are two things you should know. First, you have a workers’ compensation claim automatically, regardless of who was at fault, so long as your injury is covered by California workers’ compensation law. Secondly, you may have a possible lawsuit against someone else other than your employer. The necessary question to ask is: Did someone other than who I work for cause or help cause my injury? If so, you have what attorneys call a “third-party case” or “third-party lawsuit. ” What this means is that you have a case against the person or corporation who caused your harm, even if it occurred while you were at work. Let’s look at an example: Let’s say you’re injured on a construction site. If you are the operator of a heavy piece of equipment, and an accident occurs when a chain breaks and a beam falls on you, you have a case against the person who made the chain and/or maybe against the person who built the machine, even if you do not have a case against your employer. These cases are called third-party cases and are extremely important when there is a serious injury or death. In these instances, it’s crucial you speak with a California personal injury lawyer as soon as possible. The reason you cannot sue your employer is because... --- - Published: 2024-04-24 - Modified: 2025-06-04 - URL: https://www.ernstlawgroup.com/blog/can-i-sue-my-school-for-personal-injury/ - Categories: Personal Injury You can sue your school for personal injury if the school did something to cause the injury. This means that someone who worked for the school, a teacher, a janitor, or someone working in their official capacity caused you harm. Another way that the school can cause harm is if its facilities are dangerous, such as a loose railing, a ceiling tile collapse, or some other type of defect. The defect must cause injury. These two theories are called agent liability (the agent of the school caused harm) and premise liability (the premise was dangerous). There are more circumstances in which to sue the school for personal injury, but these are the main two. In order to be able to sue your school, there are a few steps you must take. Determine if the school is private or public. If it is a public entity, determine what government entity the school is a part of (city, county, state) File a government claim. File the lawsuit before the statute of limitations. This is a time limit you have to file the lawsuit in a certain period of time. Private or Public The school will be owned or operated by a private institution or a government of either local, county, or state. If it is privately owned, the school will have its own insurance, and the process will be similar to suing a private organization or corporation. What type of government runs the school? If the school is operated by the local... --- - Published: 2024-04-24 - Modified: 2024-08-27 - URL: https://www.ernstlawgroup.com/blog/community/ - Categories: In The News The Ernst Law Group Community Protecting Californians Our firm is not like other trial lawyer firms. When we find a problem, we conduct a thorough investigation and file lawsuits to fix the problem. However, after the lawsuits, we take the next step. We strive to create law. We often will draft, support and help pass legislation to fix the problem once and for all. For example: Insurance companies sold elderly individuals financial bank products that were terribleinvestments. The reason insurance companies sold these products was so they could make a very large fee (and commission) for selling these investments, called annuities. This specific case followed a pattern much like other insurance fraud cases:An insurance broker would get a list of people who were likely to buy these products. The insurance agent, knowing that elderly people were often the most easily tricked, would sell an older person an investment that would take 30 years to pay benefits. They would then target people over the age of 65. That means to get your money back and profit from the investment, an average person would have to live to over 95. Most people do not, and that was the basis of multiple lawsuits filed by Ernst Law Group. After the lawsuits were tried for verdict or settled (there were multiple eight-figure results), Ernst Law Group helped draft and work on legislation to fix the entire industry. A few years later, no elder can be sold an annuity without significantly more oversight, warnings, and... --- - Published: 2024-04-24 - Modified: 2024-08-27 - URL: https://www.ernstlawgroup.com/blog/history/ - Categories: In The News Don Ernst helped establish his firm in San Luis Obispo in 1980. He is a third generation San Luis Obispo County native. He partnered with Ray Mattison, and they launched the firm, Ernst and Mattison. Ernst and Mattison became a name known throughout San Luis Obispo County and the State of California for trial excellence. Don Ernst, along with his partner Ray Mattison, has built a successful practice founded on preserving and protecting the rights of California consumers and citizens. “We made the decision to do plaintiff law for a number of reasons. We both like the courtroom; we both like trying cases, and we enjoy helping the underdog. ” In 1990, Don founded the Central Coast Trial Lawyers Association and was the first president. Don Ernst served as the San Luis Obispo County Bar President in 2002 and 2003. During his term, he founded the county’s first Lawyers Referral and Information Service. The Lawyer Referral and Information Service, called LRIS, helps the average person identify their specific legal problem, and get them to the right attorney. In addition to the corporate formation of the LIRS, his office provided the office space, computers, and administrative services to get the LRIS operational. He served on the board of directors for years and still participates in the LRIS today. Don has lectured regularly on both a local and state level since 1990, speaking on topics ranging from ethics, workers' compensation, third-party liens, general damages, electronic discovery, summary judgments, selecting juries, trying cases... --- - Published: 2024-04-15 - Modified: 2024-05-22 - URL: https://www.ernstlawgroup.com/blog/san-bernardino-freeway-accidents/ - Categories: Truck Accidents Communities along the San Bernardino Freeway are some of the fastest-growing areas in the Inland Empire. Industry expansion and the use of trucks to transport goods throughout the state and country have created dangerous travel scenarios for commuters traveling between Los Angeles and San Bernardino, leading to severe and fatal injuries. Being involved in a San Bernardino Freeway accident is a daily concern for California motorists.   Injuries resulting from these crashes are often life-changing and may result in significant financial setbacks. Speak to a Los Angeles truck accident lawyer if you are involved in a San Bernardino Freeway accident. We understand the significant challenges accompanying truck accidents and are determined to sort through the complexities to help you receive the compensation available to you.   Are San Bernardino Freeway accidents common? San Bernardino County and cities along the San Bernardino Freeway have witnessed a steady climb in traffic injuries and fatalities. Industrial growth along the I-10 corridor stretches highway capacity to a maximum, leading to continual road expansions and creating the potential for hazardous driving conditions. Truck accidents, which can contribute to traffic congestion, lead to drivers experiencing long waits and overwhelming commutes. Recent truck accidents on the San Bernardino Freeway include:  Semi truck crushes vehicle on 10 Freeway Semi and blue sedan involved in fiery crash on I-10 Santa Ana winds topple 5 big rigs, with two of the accidents occurring at an I-10 interchange What factors contribute to increased accidents on the San Bernardino Freeway? Multiple portions... --- - Published: 2024-03-25 - Modified: 2024-05-20 - URL: https://www.ernstlawgroup.com/blog/concussions-in-sports-legal-recourse-in-california/ - Categories: Brain Injury Concussions in sports are an unfortunate part of the game. Blows to the body or head cause trauma, bringing potential physical, cognitive, and emotional consequences. Concussions are not always serious, but even mild or moderate events can produce lasting effects, and simply by their occurrence, these concussions put affected athletes at greater risk for subsequent injuries. Reach out to a California brain injury lawyer from Ernst Law Group after you or your child sustains a sport-related concussion. You may have legal recourse to hold negligent parties accountable for your losses. How common are sports concussions? Concussions are a type of traumatic brain injury (TBI) and can range from moderate to severe. Those participating in sports, whether playing at recreational, competitive, or professional levels, are at risk of sustaining a concussion. Rough contact with other players, the ground, a ball, or other equipment can cause “transmission of direct or indirect impulsive forces to the head,” an impact that typically leads to concussion. An article in Neurology Clinical Practice states incidents of sports concussions are on the rise, and their effects on patients’ long-term cognitive function have been documented more frequently. More specifically, the article states: About 3. 8 million sports-related concussions occur in the United States each year, and about 50% of concussions go unreported. Concussion rates have increased, at almost double the rate, for athletes of all ages, according to studies of collegiate, high school, and elementary-school-aged children. Between 35-62% of high school and college-level sports concussions go unreported. Both... --- - Published: 2024-03-11 - Modified: 2024-05-23 - URL: https://www.ernstlawgroup.com/blog/california-traumatic-brain-injury-statistics/ - Categories: Brain Injury These injuries are more common than you think Traumatic brain injuries (TBIs) can lead to temporary or permanent effects, ranging from mild to severe. The consequences of moderate and severe injuries reach into all areas of victims’ and their families’ lives. Like the effects of TBIs, California traumatic brain injury statistics are sobering. If you or someone you love has sustained a TBI because of someone else’s negligence, reach out to a California traumatic brain injury lawyer from Ernst Law Group for help pursuing compensation and connecting with helpful resources. How many people are affected by traumatic brain injuries? Adults 55 and older are at higher risk for TBIs, according to the most recent data from the California Department of Public Health (CDPH). Their report shows that, for the estimated 11. 2 older adults living in California, TBIs contributed to: 2,912 deaths 17,528 hospitalizations 15,708 emergency room visits According to the California Department of Rehabilitation (DOR), which serves California’s TBI victims, 1. 7 million Americans experience a TBI each year. This results in approximately 235,000 hospital visits, 1. 1 million emergency room visits, and 53,000 deaths. How do traumatic brain injuries happen? The Brain Injury Association of America (BIAUSA) cites falls, assaults, motor vehicle accidents, sports, and combat as common causes of TBIs. However, any strike, blow, or jolt to the head or body that prompts sudden brain movement can cause a TBI. The BIAUSA explains the three classifications of TBIs: mild, moderate, and severe. Mild: Concussions are mild TBIs... --- - Published: 2024-03-11 - Modified: 2024-05-08 - URL: https://www.ernstlawgroup.com/blog/these-recent-i-5-truck-accidents-will-make-you-want-to-drive-safely/ - Categories: Truck Accidents California's Interstate 5 stretches over 1,300 miles along the west coast, connecting California, Oregon, and Washington. As one of the most heavily traveled highways in the United States, I-5 sees significant commercial truck traffic, transporting goods and commodities across state lines. While the trucking industry plays a crucial role in the economy, it also presents inherent risks, particularly when accidents occur on major thoroughfares like I-5. In this post, we'll explore recent truck accidents on I-5 and highlight the importance of driving safely. By staying vigilant on the road, you can avoid collisions that may require the help of an experienced California truck accident lawyer from Ernst Law Group. What are the causes of truck accidents on I-5? Some common causes of truck accidents on I-5 and other highways include:Driver fatigueSpeedingDistracted drivingMechanical failuresWeather conditionsImproper cargo loadingCommercial trucks' sheer size and weight make them a significant force on the road. Even minor collisions with passenger vehicles can have catastrophic consequences because of their increased stopping distance, large blind spots, and cargo shifting. What truck accidents have recently occurred on I-5? Recent semi-truck accidents on I-5 in California include the following. Fatal Accident in Boyle HeightsOn February 27th, an 18-wheeler and a passenger vehicle collided in the early morning hours on I-5 in Boyle Heights. The accident caused the death of an individual in the car and caused several lanes of the interstate to shut down. Del Mar Heights Deadly CrashOn January 25th, a pickup truck slammed into the back of a... --- - Published: 2024-02-26 - Modified: 2024-05-06 - URL: https://www.ernstlawgroup.com/blog/common-types-of-truck-accidents-in-california/ - Categories: Truck Accidents Truck accidents in California are caused by negligence, recklessness, weather, and inexperience. When they do happen, they create numerous injuries and, in some cases, fatalities. If you are the victim of a truck accident in California, our attorneys at Ernst Law Group can offer you guidance and support. Our California truck accident lawyer can help you with any of these common types of truck accidents. Even if you have experienced something else, we can help you when you give us a call to schedule a free consultation. What are the most common types of truck accidents in California? The National Safety Council reported a total of 437 deaths from truck accidents in California in 2021, the second-highest in the nation. The following are the most common types of truck accidents seen on California’s urban streets and highway systems: Jackknife – When a tractor-trailer twists to create a "V" shape, it presents a large obstacle other drivers may be unable to avoid hitting. Rollovers – Any instance where a vehicle leaves the road and lands on its side or roof. Brake failures – Malfunctions or poor maintenance can cause the truck driver to lose control, colliding with other vehicles or objects. Rear-end collisions – These occur when a driver cannot stop the truck fast enough or when a distracted driver does not slow down in time. Underride accidents – These involve a car sliding under the trailer, often because the truck slowed or stopped while the car was following too closely.... --- - Published: 2024-02-26 - Modified: 2024-05-06 - URL: https://www.ernstlawgroup.com/blog/five-steps-to-take-after-being-hit-by-a-delivery-truck-in-los-angeles/ - Categories: Truck Accidents Accidents with delivery trucks come with unique complications. However, there are steps you can take, even right at the scene, to protect yourself and your potential case after you are hit by a delivery truck in Los Angeles. A skilled Los Angeles truck accident lawyer from Ernst Law Group can navigate the insurance and other legal complications should you need to file an injury claim. Should I get medical attention? For severe injuries, you may need surgery or other urgent care and will be transported to a hospital from the scene. Even if you do not require emergency intervention, you should still seek prompt medical attention within a few hours or a day after the accident. This is for both your health and safety and your injury claim. The effects of some injuries can take time to show. Surges of adrenaline can mask pain, or the chaos of the accident’s aftermath may distract you, preventing you from taking stock of how your body feels. Even more concerning are “hidden” injuries whose effects can be deadly if not treated promptly. The impact of traumatic brain injuries may not be immediately apparent. Yet, any delay in diagnosis and treatment can worsen the injury and its long-term consequences–perhaps even fatal. Having your injury documented and diagnosed right away also helps your injury claim. At-fault parties may use your decision to delay care against you, saying your injuries really couldn't have been that bad or that your condition only worsened because you waited to... --- - Published: 2024-02-12 - Modified: 2025-09-18 - URL: https://www.ernstlawgroup.com/blog/winter-sports-tbi-awareness-month/ - Categories: Brain Injury, Catastrophic Injury, Personal Injury January is National Winter Sports Traumatic Brain Injury Awareness Month. At Ernst Law Group, we want to give you tips on how you can protect yourself against a traumatic brain injury (TBI) while participating in winter sports. If you’ve already suffered a TBI while involved in a winter sport, a San Luis Obispo brain injury attorney can determine if you’re entitled to seek compensation through a legal claim. What are the most dangerous winter sports? California attracts many adventure seekers in the winter, yet many winter sports are also hazardous. The following snowy activities are among the state’s most dangerous: Downhill skiing Snowboarding Cross-country skiing Ice skating Sledding Snow tubing Snow biking Ice climbing Ice hockey Snowmobiling These sports all pose a significant risk of TBIs. According to the Centers for Disease Control and Prevention (CDC), there are approximately 586 TBI-related hospitalizations and 190 TBI-related fatalities each day. Brain injuries can occur when an external force suddenly impacts your brain and can result in damage to the way your brain functions, leading to devastating and long-term physical and financial difficulties. What types of TBIs can you suffer in a winter sports accident? Winter sports in California often include high-risk and high-speed maneuvers and slippery surfaces, which increase the likelihood of accidents. There are many types of TBIs you can suffer while participating in winter sports. The most common of these brain injuries include: Concussions: Experiencing a direct blow to the head causes your brain to strike your skull Contusions: Bruises... --- - Published: 2024-02-11 - Modified: 2024-05-23 - URL: https://www.ernstlawgroup.com/blog/proximate-cause-in-brain-injury-cases/ - Categories: Brain Injury, Catastrophic Injury, Personal Injury Brain injuries are severe and tend to be life-changing. These injuries are medically complex and require extensive knowledge to recover just compensation. These lawsuits can be very impactful when looking at negligence, proximate cause, and the damages sustained. If you or someone you care for has suffered a brain injury, seeking the correct type of assistance is critical. Speaking with our San Luis Obispo brain injury lawyers can make your recovery easier and even support those around you. At Ernst Law Group, we advocate for those affected by brain injuries and do what is necessary to make life move forward. Holding someone accountable for causing traumatic brain injuries The law recognizes that there are various ways you can sustain brain injuries. Because of this, the law also recognizes that victims have different avenues through recovering compensation for their losses. When seeking compensation for these losses, it's essential to enlist the assistance of an experienced and compassionate lawyer. Don Ernst and his team at Ernst Law Group advocate for those who have suffered severe brain injuries and offer the necessary resources for recovery. However, the following elements must be met before holding someone accountable for damages after negligence is determined. Another party had a duty of care and was expected to act reasonably There was a breach in this duty of care, and careless actions caused your injuries. Due to this breach, injuries were caused directly by the individual's recklessness. You have sustained documented and calculated damages and losses. Actual cause... --- - Published: 2024-01-07 - Modified: 2024-01-07 - URL: https://www.ernstlawgroup.com/blog/vocational-rehabilitation-for-brain-injury/ - Categories: Brain Injury, Catastrophic Injury, Personal Injury A traumatic brain injury (TBI) is damage to the brain tissue, usually occurring in a closed head injury. The brain collides with the skull's interior at a high velocity, causing the tissue and blood vessels to tear. Tearing can cause damage, as can the associated swelling and bleeding. Damage to specific brain areas, like the temporal or frontal lobes, usually affects the victim’s ability to concentrate, form short-term memories, and execute higher reasoning and logic. Many individuals may find help through vocational rehabilitation. Brain injury victims may benefit from several different types of assistance, but in many cases, this can get expensive. If you need help pursuing compensation so you can afford vocational rehabilitation for traumatic brain injury, we can help. Contact the San Luis Obispo brain injury lawyers with Ernst Law Group by calling (805) 541-0300 today to learn more in a free consultation. What is vocational rehabilitation? Vocational rehabilitation following brain injury aims to help the victim return to work. Some people may be able to continue in their jobs or line of work before the accident, while others may need to learn new skills. Each person’s program is determined by the location and extent of their injury, their current abilities, and a prognosis for what they could achieve. Therefore, although there are several types of vocational rehabilitation services, traumatic brain injury victims may not participate in all of them. Employment services to help brain injury victims find a job The type of job training services you receive... --- - Published: 2024-01-07 - Modified: 2025-01-23 - URL: https://www.ernstlawgroup.com/blog/liability-in-traumatic-brain-injury-cases/ - Categories: Brain Injury, Catastrophic Injury, Personal Injury Find who’s at fault and get compensation You may have heard attorneys talk about traumatic brain injury liability, but what does this mean? Liability is a legal theory used in personal injury claims that your attorney uses to prove that another party (the defendant) is responsible for the accident, your injury, and your resulting financial losses. Let’s explore different types of traumatic brain injury liability theories so you can better understand your case. The next step is to work with a skilled San Luis Obispo brain injury lawyer and secure the compensation you deserve. What are the different types of liability? General negligence liability A general negligence claim is one of the most common personal injury claims. If you and your lawyer prove that the at-fault party acted negligently, they can be legally responsible for your damages and thus owe you compensation. Proving general negligence is a four-part legal concept: They owed you a duty of care (usually for your safety or to protect you from harm) They breached the duty of care (abandoned their responsibility) The breach of the duty of care was the direct cause of the accident and your injuries. You sustained financial losses because of your injuries This legal theory utilizes the “reasonable person standard. ” This means the at-fault party can be considered negligent if their actions deviate from what a reasonable person would have said, done, or not done in the same situation. Your lawyer must also draw the connection between the defendant’s action... --- - Published: 2023-10-17 - Modified: 2024-05-21 - URL: https://www.ernstlawgroup.com/blog/financial-assistance-for-traumatic-brain-injury-victims/ - Categories: Brain Injury, Catastrophic Injury, Personal Injury It is being discovered that traumatic brain injury (TBI) affects more people than was ever realized. Advances in screening and diagnosis methods have shed light on the impacts of brain injury and how it can lead to trouble with focus at school and work, disrupt relationships, lead to instances of domestic violence, and produce behaviors of addiction that often lead to intervention by the criminal justice system. Getting help can be challenging. Finding resources for brain injury financial assistance can bring relief to individuals suffering from various brain injuries, and the San Luis Obispo brain injury lawyers at Ernst Law Group want to shed light on helpful resources in California and beyond to help families and individuals affected by traumatic brain injury. Understanding traumatic brain injury (TBI) Traumatic brain injuries do not always result from external trauma, though many do. The most common type of TBI individuals suffer from is concussion, with most individuals healing from these injuries. However, repeated brain injury due to concussions can lead to further trauma and progressed brain injury. Click here for free access to our brain injury resource center. You’ll find information on traumatic brain injury treatment, recovery, and more. Below, we share links and information to sites that may offer financial aid for traumatic brain injury services for those seeking help. Financial assistance for TBI victims in California The Traumatic Brain Injury Program The California Department of Rehabilitation administers the Traumatic Brain Injury (TBI) Program to assist state residents when other resources are... --- - Published: 2023-10-03 - Modified: 2024-04-08 - URL: https://www.ernstlawgroup.com/blog/how-traumatic-brain-injury-affects-daily-life/ - Categories: Brain Injury, Catastrophic Injury, Personal Injury A traumatic brain injury can disrupt every area of a person’s life, impacting their ability to carry out daily activities. That’s the less-than-positive news, but there is hope. California has an abundance of resources aimed at supporting injured people and helping them return to some level of independence. Whether you got hurt or someone you love experienced the injury, it is important to understand how TBI alters daily living to adapt. A San Luis Obispo brain injury attorney can guide TBI victims in recovering damages for their losses and developing the strength to overcome post-injury challenges. Keep reading to learn more. TBI can affect every area of a person’s life Cognitive changes TBI frequently impairs short- and long-term memory, so retaining new information or recalling details often becomes difficult. As a result, TBI survivors tend to rely heavily on planners, notes, reminders, and memory aids to help compensate for diminished memorization abilities. Concentration and focus are also commonly reduced after a head trauma, which can substantially lower productivity, attentiveness, and comprehension. Processing speed is also slowed, so extra time is needed to understand directions and new concepts or complete ordinary assignments. Physical effects Ongoing headaches are very common post-injury and disrupt concentration while preventing engagement in normal activities. Dizziness or vertigo leads to balance issues, which increases fall risk and limits mobility. Light and sound sensitivity frequently persists after TBI, requiring sunglasses, noise cancellation, and avoidance of overstimulation. Excessive fatigue and sleep disturbances are another extremely common physical manifestation. TBI... --- - Published: 2023-08-01 - Modified: 2025-06-03 - URL: https://www.ernstlawgroup.com/blog/amputee-support-groups-in-california/ - Categories: Catastrophic Injury, Personal Injury Find your community with these resources Californians are resilient under pressure and adapt to overcome obstacles that sometimes seem insurmountable. But slowly, life begins again, and the ability to succeed at new challenges is reclaimed. Ernst Law Group has seen the devastation a traumatic injury leading to amputation can bring, and we are dedicated to fighting for the resources injured individuals need to thrive in a life that has been changed forever. We believe in accountability and are committed to bringing transformation that prevents tragedy from striking. Being severely injured requires the guidance of a San Luis Obispo catastrophic injury attorney to ensure your medical, physical, mental, and emotional needs are met. Keep reading for resources that can help you find healing in support groups and communities in your area. The vital role of limb loss and amputee support The best way through any devastating event is to find a community of understanding people to share struggles, challenges, and triumphs. Most individuals with limb loss joined support groups to learn new living skills that increased functionality, network with healthcare professionals, and connect with an amputee community. The main reason an individual had not previously participated in a support group was because they were unaware of the available services in their community. 40% of study participants felt that technology provided a tremendous avenue for connecting with others but would prefer to use the platforms as an avatar. One of the biggest challenges to attending a live support group, other than being... --- - Published: 2023-07-14 - Modified: 2024-04-26 - URL: https://www.ernstlawgroup.com/blog/what-victims-need-to-know-about-boating-under-the-influence-in-california/ - Categories: Boating Accident, Personal Injury Mixing boating and alcohol can often lead to serious accidents like boat collisions or accidental drowning. If you’ve been harmed by a drunk boater, you may have the option to pursue a claim for compensation for your injuries. A San Luis Obispo boating accident lawyer can explain your legal options if you were harmed by someone’s violation of California’s BUI laws. California BUI laws California’s Harbors & Navigation Code 655 prohibits boating under the influence of alcohol. “Under the influence” is a Blood Alcohol Concentration (BAC) of . 08 or higher. “Boating” under this statute refers to operating any kind of watercraft. BUI laws apply to both pleasure and commercial craft, although the threshold to be considered “under the influence” for a commercial watercraft operator is a BAC of just 0. 04, which can often be achieved after drinking just one drink. BUI laws also cover criminal penalties for boating under the influence in California and causing an accident that injures another person. Common causes of BUI accidents and resulting injuries When someone has been drinking, they may have a slower response time or be unable to fully control the boat. Alcohol also lowers impulse control, so people may be more likely to engage in reckless boating. Boat accidents can happen on any type of watercraft, like: A collision caused by a drunk boat driver, crashing the boat into the dock, rocks, or other vessels Slip-and-fall accidents if a boat passenger is intoxicated Assault committed by drunk passengers against others... --- - Published: 2023-06-27 - Modified: 2023-06-27 - URL: https://www.ernstlawgroup.com/blog/protecting-the-rights-of-brain-injury-victims-in-nursing-homes/ - Categories: Brain Injury, Catastrophic Injury, Personal Injury A moderate to severe brain injury often causes permanent brain damage or the onset of dementia. Many brain injury victims require the specialized, 24-7 care provided in a nursing or memory care home. Unfortunately, many of these people are unable to advocate for themselves, and so are susceptible to those who would prey on the most vulnerable members of society. The Brain Injury Association of America (BIAA) partners with community advocates across the country to raise awareness of brain injury nursing home patients’ rights and the signs of abuse or neglect that families should look for when visiting their loved ones. Common brain injuries of nursing home residents Memory care facilities are long-term care homes focused exclusively on meeting the needs of people with cognitive decline. Many brain injury patients live in one of these communities or nursing homes. Common brain injuries that may require this level of care include: Traumatic brain injury Anoxic or hypoxic brain injury Dementia or Alzheimer’s Disease Cognitive decline associated with another condition, like Parkinson’s Disease The impact of brain injuries on residents’ physical, cognitive, and emotional well-being The personality changes and permanently changed abilities that come along with a moderate to severe brain injury often cause frustration for the brain injury victim. Many people may regress in physical capabilities, too, in addition to their cognitive decline. Memory care programs focus on enhancing the quality of life for residents and slowing cognitive decline, such as: On-site physical, speech, and occupational therapies Pet therapy Aromatherapy Art... --- - Published: 2023-06-27 - Modified: 2024-04-29 - URL: https://www.ernstlawgroup.com/blog/surprising-impact-of-brain-injury-on-relationships/ - Categories: Brain Injury, Catastrophic Injury, Personal Injury Brain injuries have both direct and indirect victims: the person harmed, as well as their family and loved ones. It’s not uncommon for even a mild brain injury to result in personality changes and changes in the victim’s cognitive and physical abilities. Many families don’t anticipate the enormous impact of a brain injury on relationships and family dynamics. It’s said that the changes and healing after a brain injury deteriorate a troubled relationship and strengthens a strong one. Expect roles and responsibilities to change Expect your established familial roles to change. These changes may be temporary if the injury is mild to moderate, with a good prognosis. Victims of a serious brain injury may be unable to live independently or care for themselves. Resilience and understanding can go a long way toward providing a stable home environment for the brain injury victim to heal. Showing empathy to your loved one as they work through rehabilitation or therapy can reassure them that they are still loved and valued. Everyone in the family is under psychological and emotional strain This sudden change stresses a family dynamic; the shift in everyone’s role and dealing with a loved one’s health or personality change means everyone in the home is on edge. It’s common for families to feel resentment for the change in their loved one and guilt for resenting them. Children may have to take on more responsibility or be more independent, which can be confusing for them. Or, a marriage partnership of equals... --- - Published: 2023-06-02 - Modified: 2024-04-26 - URL: https://www.ernstlawgroup.com/blog/the-importance-of-rehabilitation-in-brain-injury-cases/ - Categories: Brain Injury, Catastrophic Injury, Personal Injury A brain injury impedes your ability to do things you enjoy, develop fulfilling relationships with others, and even care for yourself without help. Brain injuries are classified as either traumatic (caused by trauma to the head and brain tissue) or non-traumatic (caused internally by a blood clot or tumor). Regardless of the cause, many of the effects are the same: Compromised motor function Difficulty with speech or memory Changes in personality, like outbursts of anger and irritability, or engaging in risky behavior Limited independence Sometimes the brain heals itself, and the victim is restored to their pre-accident facilities. Other times, the victim needs lifelong care and assistance. No two brain injuries are alike, but all injuries improve with focused, purposeful brain injury rehabilitation. Brain injury rehabilitation offers the best chance of recovery Structured rehabilitation provides the best chance for recovery from a brain injury, but recovery looks different for everyone. The goal of brain injury rehabilitation is fivefold: Restoring function and independence Maximizing potential for recovery Preventing secondary complications Enhancing quality of life Reducing long-term healthcare costs Many people require professional caregiver services as they recover from a brain injury. Some families may be thrust into a caregiver role, while others may opt for a home health care nurse to provide personal care and therapy services. If the brain injury is severe enough or results in cognitive decline, they may need to move into a dedicated memory care facility, which is a residential care home staffed 24-7 with nurses trained... --- - Published: 2023-06-02 - Modified: 2024-04-26 - URL: https://www.ernstlawgroup.com/blog/brain-injury-settlements-out-of-court-process-and-considerations/ - Categories: Brain Injury, Catastrophic Injury, Personal Injury After an accident that causes a brain injury, the victim and their family may file a suit for damages against the at-fault party. Brain injury lawsuits may be settled out of court in structured mediation. If both parties cannot reach a fair agreement, then the case moves to trial. What is a brain injury? Simply put, a brain injury is damage to the brain tissue. They occur in a few different ways: Traumatic Brain Injury (TBI) from a traumatic impact on the head. The brain hits the skull's interior, causing swelling, bleeding, and sometimes torn tissue. Penetrative brain injury, in which an object penetrates the skull and damages the brain. Hypoxic or anoxic brain injury, in which the brain is deprived of oxygen. The longer the brain is oxygen-deprived, the more tissue damage occurs. Internal causes, such as a blood clot or tumor. Each type of injury can have an outside cause, including a tumor or blood clot. So, plaintiffs in a brain injury suit could have any one of these injuries. Settling a brain injury lawsuit vs. going to trial Sometimes, the defendant is so obviously to blame for the accident that caused your brain injury that their insurance company offers a settlement up front, potentially limiting the defendant’s exposure to your case. Even if this happens to your family, it’s better to consult with an experienced California traumatic brain injury lawyer before signing a brain injury settlement offer – once you accept a settlement, you give up your... --- - Published: 2023-01-04 - Modified: 2025-03-30 - URL: https://www.ernstlawgroup.com/blog/motorcycle-lane-splitting-laws-in-california/ - Categories: Motorcycle Accident, Personal Injury Is lane-splitting legal in California? Love it or hate it—yes, lane-splitting is legal in California. But just because it’s allowed doesn’t mean it’s safe. The maneuver can still result in serious accidents even when performed safely with good judgment. Worse, failing to use good judgment could leave you liable for a motorcyclist's or driver’s injuries and property damage. A motorcycle accident lawyer in San Luis Obispo can help if you were accused of causing a wreck while riding legally or if you were injured by a lane-splitting motorcyclist. Our attorneys have extensive experience in this area with a long track record of success in cases similar to yours. If you want to learn more about how we might be able to help you, schedule a free consultation by calling (805) 541-0300 or by contacting us online. What is lane splitting? As defined by California Vehicle Code Section 21658. 1, lane splitting is driving a motorcycle with two wheels touching the ground between moving or stopped vehicles that are in the same lane. Splitting lanes reduces the amount of space both the motorcyclist and the motorist have in their lane for reacting to maneuvers made by other drivers. Some drivers might be surprised by the maneuver, and others might not see the motorcycle in their blindspot – either scenario can have a tragic ending if either person moves into the other’s path. Why is lane splitting legal in California? Lane splitting was made legal despite being dangerous due to one primary... --- - Published: 2022-12-08 - Modified: 2025-01-17 - URL: https://www.ernstlawgroup.com/blog/california-car-accident-statistics-its-not-all-golden-in-the-golden-state/ - Categories: Car Accidents, Personal Injury If you’re one of the many who’ve been injured in a car accident in the Golden State, you could have a claim for your damages based on the unique facts and circumstances surrounding your accident and the resulting injuries. A California car accident lawyer from Ernst Law Group can make the difference between recovering only a portion of the costs and damages linked to your car accident and receiving complete compensation that fully covers you into the future. Call (805) 541-0300 or contact us online if you’ve been injured in a car accident to learn how we can help you. Continue reading to learn more about the startling collision statistics in California, why some drivers are more at risk than others, and about the particular times of day that might increase your risk of being involved in an accident. California car accident statistics According to the Statewide Integrated Traffic Records System (SWITRS), a system which collects and processes data from collisions, in 2019, 3,737 persons were killed in 3,438 fatal accidents 269,031 persons were injured in 187,211 crashes (H3) Certain groups and ages have a higher risk of traffic fatality CHP’s 2019 SWITRS report also showed that in 2019, male drivers were at-fault in fatal accidents 361% more often than females, and that they were at fault 164% more than females in injury accidents. The reports also indicate that there’s a drastic difference between the at-fault driver’s age in fatal and injury crashes between males and females. Here’s a look... --- - Published: 2022-03-29 - Modified: 2022-03-29 - URL: https://www.ernstlawgroup.com/blog/brain-injury-awareness-month-march-2022/ - Categories: Brain Injury, Catastrophic Injury, Personal Injury Since March is Brain Injury Awareness Month, it is a great time to educate yourself on what brain injuries are, how they can happen, and how you can help injured victims. Types of Brain Injuries There are two types of brain injuries that are not hereditary, congenital, or related to birth. These two types are Acquired Brain Injuries (ABIs) and Traumatic Brain Injuries (TBIs). Acquired Brain Injury An Acquired Brain Injury (ABI) occurs as a result of internal causes, not from external trauma. Some causes of ABIs include but are not limited to: Aneurysms Strokes Brain tumors Meningitis Near drowning Heart attacks Traumatic Brain Injury A Traumatic Brain Injury (TBI) can happen as a result of sudden external assault to the head that damages the brain’s structure and/or functioning. TBIs can be closed-brain injuries or penetrating brain injuries depending on whether the trauma caused a break in the skull or not. An example of a cause of a penetrating brain injury is a gunshot wound to the head where the bullet enters the brain. Closed-brain TBIs can be caused by sports accidents, car crashes, or falls, although any trauma to the head can cause internal damage and closed-brain injuries. Symptoms of TBIs can include: Headache Nausea Fatigue Dizziness Slurred or slowed speech Some milder brain injuries can heal over time, while some more severe brain injuries cause permanent disability and deficits in cognitive, motor, sensory, and communicative functioning. Some Professions Carry a Higher Risk of TBI, but Anyone Could Be... --- - Published: 2021-08-05 - Modified: 2025-01-06 - URL: https://www.ernstlawgroup.com/blog/electric-vehicle-battery-fueled-fires-more-deadly-than-gas-powered-experts-warn/ - Categories: In The News, Personal Injury, Product Liability California Family's Home Burns Down Due to Tesla Fire in Garage A series of high-profile lawsuits involving well-known electric vehicle manufacturers Audi, Tesla, and Chevrolet has brought into question the companies’ claims that their cars are less likely to catch fire than gas-powered vehicles. Safety experts warn that although electric vehicles may not catch fire as easily, any fire that does erupt can burn more intensely and take as long as 24 hours to extinguish. One of the most recent large-scale fires involved two Teslas left to charge overnight in a garage. The Californian couple who owned the vehicles awoke early one morning last December to the sound of blaring car alarms. They smelled smoke; there was a fire in the house. The fire had started in one Tesla Model S and spread quickly to the other. The vehicles’ lithium-ion batteries amplified the blaze, making the fire burn longer and hotter than a gas-fueled explosion would have. The couple has not been able to return to their home, which suffered more than $1 million in damages. The double-vehicle fire makes this a unique case, but it’s only the latest in a string of recent incidents involving electric vehicles bursting into flames. Electric vehicle manufacturers are warning owners not to leave their cars charging unattended in certain circumstances or leaving them fully charged in garages. General Motors, Audi, and Hyundai have recalled hundreds of thousands of electric vehicles following reports of battery fires. Electric vehicle fires are deadly and have already... --- - Published: 2021-06-25 - Modified: 2024-12-19 - URL: https://www.ernstlawgroup.com/blog/fatal-bicycle-accident-involving-amerifreight-truck/ - Categories: Bicycle Accident, Personal Injury, Truck Accidents, Wrongful Death The Ernst Law Group is investigating a fatal bicycle accident including an Amerifreight truck and a bicyclist that occurred at 7:20 am on June 25, 2021 in San Luis Obispo, California. The collision occurred between Suburban Road and Higuera Street. The bicycle was trapped under the semi-truck resulting in the bicyclist’s death. The cause of the collision, at this point, is unknown. But The Ernst Law Group has been filing lawsuits against semi-trucks for more than 40 years and there are a few things that we are investigating with this incident. The first factor is whether fatigue was a factor in the collision. Fatigue is a common factor in truck accidents as truck drivers are pressed to deliver their cargo faster and faster. There are strict regulations on truck driver rest and driver time. The second is whether or not the logbooks were up to date, and if the driver was operating at the normal hours that are regulated under the Federal Motor Safety Carrier Regulations (FMSCR). This is known as 49 CFR Parts 300-399. These are federal laws that mandate rules and truck driver regulations on semi-trucks to help keep pedestrians and vehicles safe. These regulations include allowed drive time, driving breaks, and more. The most important part of the FMSCR is part is drug testing. While we have no information at this time to support or claim the driver of the Amerifreight was under the influence of drugs, this is something that must be ruled out, especially with... --- - Published: 2020-01-28 - Modified: 2025-01-06 - URL: https://www.ernstlawgroup.com/blog/5-questions-ask-car-accident-lawyer/ - Categories: Car Accidents, Personal Injury When you’re thinking about filing a personal injury claim in the aftermath of your car accident, a lawyer can help make your claim stronger. Working with the right attorney increases the chances that you will obtain the maximum compensation available. Working With a Lawyer With that said, it's important to realize that working with a San Luis Obispo car accident lawyer is a two-way street. Your attorney will want to know specific details about your case and will expect you to perform crucial tasks, like visiting the doctor on a regular basis. On the flip side, you can expect your lawyer to provide guidance, let you know about your options, and answer any key questions you have. There are a number of questions every personal injury client should ask their car accident lawyer. If you have questions or want more information regarding your personal injury case, you can schedule a free, no-obligation appointment with an attorney at Ernst Law Group when you call (805) 541-0300 or contact us online. What Are My Options for Moving Forward With My Case? The first thing you want to do is be aware of all of your legal options. Knowing what paths you can take moving forward can make each decision easier and clear up any confusion. Typically speaking, there are four options available once you have been hurt in a car accident: Do nothing and pay for your injuries out of pocket (not usually recommended if there are available alternatives) File a personal... --- - Published: 2020-01-14 - Modified: 2025-01-06 - URL: https://www.ernstlawgroup.com/blog/steps-to-take-after-car-accident/ - Categories: Car Accidents, Personal Injury Millions of vehicles use the roads around San Luis Obispo every year. That means the risk of getting into a car accident is pretty high. Even if you are a perfectly safe driver without so much as a parking ticket on your record, other drivers can and do regularly make mistakes. If you’ve been injured in a collision, you must speak to a San Luis Obispo car accident lawyer at Ernst Law Group. How Ernst Law Group Can Help You At Ernst Law Group, we have been representing victims of car wrecks for over 40 years. Early on in our firm’s history, we realized that many people aren’t sure what to do after they’ve been in a collision. That means mistakes are often made by drivers, which can make getting compensation much more difficult, or even land them in legal trouble. We’re here to help you understand the steps you should take after you’ve been involved in a car wreck in southern California. One of the most important steps to take if you were injured is to speak with a San Luis Obispo car accident lawyer as soon as possible. Give us a call at (805) 541-0300 or contact us online for a free, no-obligation consultation today. Step 1: Keep Calm, Check On Everyone Involved, and Call 9-1-1 After a wreck, one of the worst things you can do is freak out or blow your top. Instead, be sure to take a breath and maintain your composure. Check on everyone... --- - Published: 2019-12-20 - Modified: 2025-01-06 - URL: https://www.ernstlawgroup.com/blog/injured-in-hit-run-accident/ - Categories: Car Accidents, Personal Injury Hit and run car accidents can be devastating. In addition to physical pain, they also cause the mental anguish of not knowing whether the at-fault driver will be brought to justice. These incidents happen all too often in the state of California, and their outcomes can be bleak. According to the Los Angeles Daily News, the LAPD only solved 8% of hit and run incidents in 2017. While that low closed case rate reflects a large percentage of drivers who had property damage only and simply didn’t want to pursue a case, plenty of victims on that list also suffered injuries or fatalities. Making matters more concerning, California has a high rate of these types of accidents, and they are growing each year. National statistics show that from 2009 to 2016 fatal hit-and-runs increased around 7% each year. They’ve also shot up in California, hitting a 25 year high in 2016 with 369 deaths. California leads the nation in overall fatal hit-and-run crashes as of 2016. Our large population doesn’t excuse us, either, considering we still rank 7th on a per capita basis. If you or someone in your family has been hurt in a hit-and-run car accident in San Luis Obispo, you likely know how bad things are without needing to glance at a single statistic. You may be wondering about your options for not just seeking justice but also financial compensation to pay for your losses. Medical bills, lost wages, out-of-pocket costs, and other damages could be piling... --- - Published: 2019-12-17 - Modified: 2025-01-06 - URL: https://www.ernstlawgroup.com/blog/what-you-should-know-about-rideshare-accidents-in-california/ - Categories: Car Accidents, Personal Injury Rideshare companies like Uber and Lyft make it so much easier to get around San Luis Obispo and other areas in California. Traffic is always hectic, but not having to drive your own car takes a lot of the stress off of you. Unfortunately, rideshare drivers generally aren’t trained professionals. Rideshare accidents are far too common in California. When rideshare accidents happen, it can be difficult to know who is at fault. Without knowing who is at fault, it can be difficult to get the compensation you deserve. The good news is, our attorneys understand the complexity of these cases. We have helped victims of rideshare accidents all over California get the money they need after a wreck. If you have been injured in this type of wreck, a San Luis Obispo car accident lawyer at Ernst Law Group can help. Give us a call at (805) 541-0300 or contact us online for a free, no-obligation consultation today. Your Rights After a Rideshare Accident in California In some ways, rideshare accidents are similar to other car accidents. One driver may be held completely liable, or drivers may share fault. The big difference in rideshare accidents is who will pay for your injuries and other losses you suffered. It all comes down to who was liable for the accident, and your role in the accident: as a passenger, as a rideshare driver, or as a driver of the other car. As a Passenger If you are a rideshare passenger, and you... --- - Published: 2019-02-21 - Modified: 2024-04-08 - URL: https://www.ernstlawgroup.com/blog/how-to-calculate-lost-wages-after-car-accident/ - Categories: Car Accidents, Personal Injury After a car accident in San Luis Obispo, you may be entitled to compensation if you weren’t at fault. Your insurance provider, the other driver’s insurance provider and even the other driver themselves may be on the hook for paying for your injuries. Compensation will cover a variety of different costs and expenses you incurred during and after the accident. The most common expenses people think of when they think of compensation after an accident include medical expenses, car damage, and even pain and suffering. However, many people don’t think about the fact that they may not be able to work for a while, especially if they suffer serious injuries after the accident. The good news is that you can get compensated for lost wages after a car wreck. The bad news is that it can be difficult to figure out how much you’re owed. At Ernst Law Group, our San Luis Obispo car accident lawyers know how to help you calculate what you’re owed for lost wages. Call us today at (805) 541-0300 or contact us online for a free, no-obligation consultation. What You Need to Prove Lost Wages Before you can start calculating what you’re owed for lost wages, you have to be able to show what you’ve lost. This is usually pretty easy if you’re only injured and out of work for a short period of time. However, if you suffer a long-term injury, calculating your lost wages can become more difficult. No matter how serious your... --- - Published: 2019-02-15 - Modified: 2024-12-19 - URL: https://www.ernstlawgroup.com/blog/what-kinds-of-damages-can-i-recover-after-a-car-accident/ - Categories: Car Accidents, Personal Injury FAST FACTS Car accidents in the U. S. cause $871 B in damages annually California spent $7,549 per person on healthcare in 2012 CA crash deaths lead to $38 million in medical costs and $4. 44 billion in lost income annually California law allows for victims of car accidents to claim damages against negligent parties. Negligent parties refers to those who are determined to be at-fault for the accident and liable for the damages that directly resulted. Unlike some states, California does not restrict or place monetary limits on personal injury lawsuit damages. Individuals can claim all legitimate costs they incurred as a result of the accident. These damages typically include compensation for their medical bills, vehicle damage, property damage, lost income, and the incidental costs of the accident in general. Injured individuals may also be able to claim “general damages,” which refers to compensation for pain and suffering, permanent disfigurement, and permanent injuries or loss of limbs. However, injury victims should note that California has what’s known as a “comparative fault” law. This law means that if you are partially at fault for the car accident that caused your injuries, your total damages award will be reduced by the approximate percentage of fault you contributed. The total costs of car accident damages can be devastating. According to one study, car accidents in the U. S. cause $871 billion in damages annually — around $900 per person. That figure includes a sizeable portion of medical bills as well as property... --- - Published: 2019-02-07 - Modified: 2025-04-16 - URL: https://www.ernstlawgroup.com/blog/fatal-big-rig-crash-in-orcutt/ - Categories: In The News, Personal Injury, Truck Accidents, Wrongful Death A tragic wreck was reported this morning. A big-rig is alleged to have run a red light and struck multiple vehicles. The truck rolled over due to the force of the impact. Two people died in the crash and 6 to 8 others were being evaluated for various injuries. As of this morning southbound Highway 135 is still closed. The driver of the big-rig was arrested for driving under the influence of drugs and/or alcohol. In reviewing photos graphs of the wreckage it appears that the truck was a Sysco truck. Sysco is a large food distribution company. Sysco Central California is based in Modesto, Ca. and reports having 104 drivers covering 2,818,652 miles per year in 2018. The Federal Motor Carrier Safety Regulations are very strict concerning a driver’s behavior. The limit for the presence of alcohol in the system is lower than a standard passenger vehicle. According to FMRS § 392. 5, a driver cannot have more than a 0. 04% blood alcohol level in his system while driving a commercial motor vehicle. This is one-half of the limit for the driver of a passenger vehicle. Drugs are even a bigger problem with big-rig drivers. Of course, there are some drivers who use illicit drugs simply for the high. However, there is a huge problem with big-rig drivers using stimulants to keep them awake on long drives. A driver arrested for alcohol or drug use so early in the morning lends one to believe that this is a... --- - Published: 2019-01-24 - Modified: 2024-12-19 - URL: https://www.ernstlawgroup.com/blog/everything-you-need-to-know-about-semi-truck-accidents-in-california/ - Categories: Personal Injury, Truck Accidents Commercial vehicles cover about 30 million miles per day in California. Because there are so many semi trucks and other commercial vehicles on our state’s roads, the California Highway Patrol (CHP) has established specific laws and regulations that drivers must follow. Unfortunately, many of these rules aren’t followed, whether that’s out of ignorance of the law or because drivers are trying to get where they’re going as quickly as possible. When these trucking regulations aren’t followed, accidents are much more likely to happen. At Ernst Law Group, our San Luis Obispo truck accident lawyers have seen the effects of these incidents firsthand. Trucking accidents can cause devastating --- and often fatal --- injuries due to the sheer fact that semi trucks are so much bigger than passenger vehicles. If you’re a trucker, it’s important for you to understand California’s trucking regulations so you are less likely to cause an accident. And if you’re a regular driver, it’s important for you to know what you should do after a truck accident, and what your legal rights are. California Regulations Truckers Must Follow Before we dive into commercial vehicle regulations, we should first mention that, while these rules do apply to semi trucks, they also apply to other vehicles as well. Essentially, if you’re driving a vehicle “in combination,” or towing another vehicle, you must follow commercial vehicle regulations. These vehicles include: Any vehicle (car, truck, rental vehicle, RV, etc. ) towing a trailer Any vehicle towing another vehicle Any vehicle towing... --- - Published: 2019-01-19 - Modified: 2025-01-06 - URL: https://www.ernstlawgroup.com/blog/bus-driver-arrested-los-alamos-crash/ - Categories: Bus Accident, In The News, Personal Injury According to KSBY, Laur Mae Gish, age 50, of Goleta, was arrested Friday afternoon for being under the influence of a controlled substance after crashing a passenger bus carrying 25 people. The crash reportedly happened on US Highway 101, just a few miles north of the Highway 154 interchange. According to reports, at least six passengers were taken to the hospital with various injuries. The bus drifted to the side of the road, hit a tree, and flipped onto its side. With many buses not providing seatbelts for passengers, this type of crash can have devastating consequences, including broken bones and traumatic brain injuries. Any driver is responsible for negligent driving, but a bus driver owes an even higher standard of care. In California, a Common Carrier must use the “highest care and vigilance of a very cautious person. They must do all that human care, vigilance, and foresight reasonably can do under the circumstances to avoid harm to passengers. ” In addition to the driver, the employer is most certainly also liable for the crash. The driver was no doubt driving in the course and scope of her employment, which makes the employer vicariously liable. Another key determination will be the drug use history. A bus company has a duty to drug test drivers on a random basis. Employing a driver with a drug use history is a violation and can lead to punitive damages. If you have been injured in a commercial vehicle crash, contact the personal injury... --- - Published: 2019-01-17 - Modified: 2024-04-08 - URL: https://www.ernstlawgroup.com/blog/car-accidents-happen-often/ - Categories: Car Accidents, In The News, Personal Injury Car accidents are a daily occurrence in San Luis Obispo. You probably pass at least one every week during your commute. We almost expect to see wrecks when we’re driving on the highway, but the dangers of car accidents often hits much closer to home --- literally. Accidents happen closer to home than people may think. In fact, according to statistics, most car accidents take place within 25 miles of a person’s home. In fact, some surveys show that nearly 90 percent of car accident injuries occur within 10 miles of home. It stands to reason that this would be the case, as this is most people’s radius of typical travel. At Ernst Law Group, our San Luis Obispo car accident lawyers know how dangerous even the seemingly most minor wrecks can be. A simple fender bender can result in broken bones, whiplash and more. Understanding when and where car accidents are most likely to happen can help you avoid common wrecks and stay safe on the road. The Most Dangerous Times of Day The more cars that are on the road, the greater your risk of being involved in an accident. It should comes as no surprise that the most vulnerable times of day for drivers are in the late afternoon and early evening when commuters are returning home from work. In 2016, the greatest number of car accidents occurred between 4 and 7 p. m. The next-highest number of accidents happened between 7 and 10 p. m. This... --- - Published: 2019-01-09 - Modified: 2024-12-19 - URL: https://www.ernstlawgroup.com/blog/what-californias-laws-have-to-say-about-speeding/ - Categories: Car Accidents, In The News, Personal Injury 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. Our lawmakers and law enforcement agencies have good reason to take speeding so seriously. A report on 2017 fatal crashes in California found that 1,056 of them were caused by speeding drivers. That number represents a 6% increase from 2014. Looking at national data from 2005 to 2014, drivers who were speeding killed nearly the same amount of people as drivers who were intoxicated. 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... --- - Published: 2018-12-26 - Modified: 2024-04-08 - URL: https://www.ernstlawgroup.com/blog/what-to-do-after-a-car-accident-in-california/ - Categories: Car Accidents, Personal Injury 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... --- - Published: 2018-12-17 - Modified: 2025-01-06 - URL: https://www.ernstlawgroup.com/blog/what-can-happen-if-semi-trucks-are-overloaded/ - Categories: Personal Injury, Truck Accidents FAST FACTS About 4,440 buses and trucks were involved in fatal accidents in 2016. Most fatal accidents happened on major roads other than freeways and interstates. The most common time for these accidents was between 9 a. m. and 3 p. m. Semi trucks travel through and around San Luis Obispo every day, delivering goods to stores and consumers. While they are generally safe, there are factors that can make driving around semi trucks quite dangerous. One such factor is an overloaded truck. Overloaded trucks are dangerous for a variety of reasons. Unfortunately, they’re one of the leading causes of truck-related accidents. As San Luis Obispo truck accident lawyers, we’ve seen the devastation of overloaded trucks firsthand. It’s important for both truck drivers and passenger vehicle drivers to understand the dangers of overloaded trucks, and the rules that are implemented to prevent this issue from happening in the first place. 1. Reduced Stopping Time In optimal conditions, semi trucks traveling just 65 miles per hour need about 200 yards to come to a stop --- that takes about 4 seconds. Of course, if it’s raining, if the truck is going down a hill or is otherwise in non-optimal driving conditions, that stopping time and distance increases dramatically. Trucks take so long to stop because they have so much weight and momentum behind them. If trucks are overloaded, there is even more momentum and weight. On top of that, trucks are designed to only carry a certain amount of cargo, and... --- - Published: 2018-12-11 - Modified: 2024-12-19 - URL: https://www.ernstlawgroup.com/blog/the-risks-of-driving-around-semi-trucks-and-how-to-avoid-them/ - Categories: Personal Injury, Truck Accidents FAST FACTS Semi trucks travel around 15. 5 million miles a day in CA There were 361 fatalities from semi truck crashes in CA in 2017 A semi truck needs 525 ft to come to a complete stop from 65 mph With the fifth biggest economy on the planet, the state of California depends on semi trucks and other large commercial vehicles in order to sustain its communities. Because of the dependence on large trucks, drivers on California’s roads and highways often have the unpleasant lot of sharing the road with a vehicle many times their size. What these drivers may not realize is that the behemoth vehicles can pose unique risks to their safety. Ignoring these risks — along with the driving skills needed to mitigate them — can lead to a devastating truck accident likely to cause serious injury or death. According to the California DOT, large trucks traveled around 15,499,902 miles every day along the state’s various interstate routes in 2009. The National Highway Travel Safety Administration (NHTSA) also reports that large trucks were directly involved in 361 road crash fatalities in California in 2017. Some of these fatal crashes could have been made less severe or avoided altogether if passenger vehicle drivers exercised greater care around large semi trucks and made smart decisions accordingly. On the other hand, our San Luis Obispo trucking accident lawyers have seen more than their fair share of accidents caused predominantly or entirely by truck driver neglect. If you have been... --- - Published: 2018-12-03 - Modified: 2024-05-22 - URL: https://www.ernstlawgroup.com/blog/what-medical-professionals-should-i-visit-after-a-car-accident-in-san-luis-obispo/ - Categories: Car Accidents, Personal Injury 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... --- - Published: 2018-11-27 - Modified: 2025-04-02 - URL: https://www.ernstlawgroup.com/blog/camp-fire-everything-you-need-to-know/ - Categories: In The News Camp Fire started on November 8, 2018, and became the most destructive and deadliest wildfire in California history. Beginning on Camp Creek Road in Butte County, it destroyed over 153,000 acres (slightly bigger than the size of Chicago) before it was finally contained on November 25. Worse than the damage the fire caused, Camp Fire killed 88 people, and 203 are still missing (as of November 27). At Ernst Law Group, our thoughts and prayers are with the families of those who are missing, injured and deceased. So far, no culprit has been positively identified, though Pacific Gas and Electric Company (PG&E) is widely considered to be at fault. When they are, however, our San Luis Obispo personal injury attorneys will be standing by to help victims and their families get the compensation they deserve. Below is everything we know so far about Camp Fire, including how you can help victims of the fire. Timeline of the Camp Fire Nov. 8, 6:33 a. m. PST: Fire reported. Firefighters were called to a brush fire under Pacific Gas and Electric Company (PG&E) power lines in Butte County. Later, PG&E reported downed power lines. Day of Nov. 8: Due to high wind speed (50 mph) and low humidity, the fire rapidly spreads. Evacuation warnings issued to Paradise and other local communities. Firefighters stop attempting to control the fire and instead help people evacuate. Some communities are unable to evacuate before the fire arrived. Nov. 9, 8 p. m. PST: Camp Fire spreads... --- - Published: 2018-11-20 - Modified: 2024-12-19 - URL: https://www.ernstlawgroup.com/blog/avoid-common-motorcycle-accidents/ - Categories: Motorcycle Accident, Personal Injury FAST FACTS Motorcycles have over a fatal accident risk over 25x higher than cars and trucks Riders have to anticipate others’ mistakes, like sudden lane changes 40% of motorcycle riders were alcohol impaired at the time of their fatal crash In addition to greater thrills, motorcycle owners face greater risks every single time they drive. Whether from a bad decision, other drivers’ carelessness, or sheer bad luck, motorcycle operators can easily end up in a serious accident that’s likely to cause injury or death. Even with so many factors outside their hands, riders can take a few steps to help them avoid the most common types of motorcycle accidents. Around 25 riders died per every 100 million miles motorcycles traveled in 2015, according to the Insurance Information Institute (III). That might not sound like much, but it’s a rate over 25 times higher than occupants of cars or light trucks. In total, 5,029 people died while riding on a motorcycle in 2015, and around 88,000 were injured. Statistics like these reveal just how dangerous it can be to operate a motorcycle, especially in comparison to heavier vehicles that offer a bubble of protection. Our San Luis Obispo motorcycle accident lawyers have seen far too many incidents that just add to these tragic statistics. You may not always be able to keep yourself out of every crash, but you can use the following 5 pointers to increase your odds of avoiding the most common motorcycle accidents. Scan Every Intersection for Possible... --- - Published: 2018-11-08 - Modified: 2024-04-08 - URL: https://www.ernstlawgroup.com/blog/safety-tips-motorcycle-novices/ - Categories: Motorcycle Accident, Personal Injury It’s hard to argue that riding a motorcycle can be exciting. The feeling of the open road, the wind whipping past your body and the power of the machine can all be thrilling. It’s not surprising to experienced riders that riding a motorcycle is becoming more popular every day. The reality, though, is that the more popular riding becomes, the more novice riders that are on the road. People on a motorcycle are 30 times more likely to die in an accident than passengers in a car. Anyone who is new to riding a motorcycle should only do so with extreme caution. Driving a motorcycle is not like driving a car, and it certainly isn’t like riding a bike. Taking such a powerful machine down the road comes with a serious responsibility. Here are tips for every motorcycle novice on today’s roadways from our San Luis Obispo personal injury lawyers. 1. Buy The Right Bike If you go to a dealer to purchase your first motorcycle, they will help you find the right bike for you. If you purchase from a private seller, chances are slim that they will refuse to sell you the bike because it isn’t the right size for your frame. It’s up to you to make sure the bike fits. Don’t buy a bike that is too heavy for you to maneuver when it isn’t running. Purchase a motorcycle that is easy for you to get on and off of. The rule of thumb is that... --- - Published: 2018-10-11 - Modified: 2024-04-08 - URL: https://www.ernstlawgroup.com/blog/teen-motorcyclist-killed-highway-101/ - Categories: In The News, Motorcycle Accident, Personal Injury Another tragic case was reported this week. An 18-year-old motorcyclist was killed on October 6, 2018 on Highway 101 just south of Arroyo Grande at the El Campo Road crossing. CHP Reports that the driver of a BMW turned left into the motorcyclist's path of travel. There are only a few places in San Luis Obispo County where a cross street intersects with the Freeway without any traffic controls. We have seen numerous traffic collisions at the intersection of Wellsona Rd and Highway 101 in the north county. The Highway 101 / El Campo Rd is another spot where drivers intending to go North from El Campo Rd are forced to cross the southbound lanes of 101 and then merge into the northbound traffic. From my our driving history, we can attest that this is a harrowing experience. Intersection of El Campo Road and Highway 101 in San Luis Obispo To the West of the highway, there are many large homes and a golf course. Years ago, El Campo may have been a rural road without much traffic, but today it’s a busy street with a large number of people traveling north to San Luis Obispo. It’s not uncommon to hear about people who refuse to cross at El Campo, even though an alternative route can add 15 or more minutes to the trip. The driver of the BMW was reportedly not arrested. If this was a matter of a driver looking, but simply not seeing an oncoming motorcycle, it... --- - Published: 2018-10-10 - Modified: 2024-12-19 - URL: https://www.ernstlawgroup.com/blog/drug-use-influences-trucking-accident-statistics/ - Categories: In The News, Personal Injury, Truck Accidents FAST FACTS 30% of truckers have admitted to amphetamine use. Nearly 20% have admitted to using marijuana. Approximately 3% have admitted to cocaine use. The reality of being a trucker is that there are going to be long stretches of boredom, since it’s just the driver alone in the truck. This allows for some strange things to occur during their downtime, both good and bad. While it can be fun to listen to some of the silly things that go on at a truck stop, there’s also a darker side that should be noted. An October 2013 study from the University of Amsterdam notes there is a good chance that some of the truckers on the road have imbibed in alcohol or illicit drugs before getting behind the wheel. The Amsterdam study collated similar studies that were done with truckers in Australia, Chile and the United States. It’s important to make a distinction between what the studies covered and what they didn’t. Truckers and Drug Use The studies asked truckers whether or not they’d ever driven under the influence of drugs or alcohol, not checking with the companies how many employees had failed a drug test. The methodology of the various responses certainly brought up a wide range of results to consider. Drivers admitted to having used alcohol and cocaine at places like truck stops and gas stations. With such varied responses, a company would have many different routes to take. First of all, if someone who’s been known to... --- - Published: 2018-09-26 - Modified: 2018-09-26 - URL: https://www.ernstlawgroup.com/blog/back-school-safety-tips/ - Categories: Child Injury, Personal Injury, Premises Liability It’s that time of year again: the kids are back in school. While there are no doubt a lot of relieved parents, there are also increased safety issues with the kids on the road to and from school. Every year, at least 100 children are killed in collisions while to and from school. In California, the speed limit in school zones when children are present is 25 MPH. Many of us drive our kids to and from school. Here are some safety tips to follow to make sure the school zone stays safe. If You're Dropping Off Schools often have very specific drop-off procedures for the school year. Make sure you know them for the safety of all kids. The following apply to all school zones: Don't double park; doing so blocks visibility for other children and vehicles. Don't load or unload children across the street from the school. Carpool to reduce the number of vehicles at the school. Sharing the Road with Young Pedestrians Some of our kids walk to and from school, which creates different safety risks. According to research by the National Safety Council, most of the children who lose their lives in bus-related incidents are 4 to 7 years old, and they're walking. They are hit by the bus, or by a motorist illegally passing a stopped bus. A few precautions go a long way toward keeping children safe: Don't block the crosswalk when stopped at a red light or waiting to make a turn, forcing... --- - Published: 2018-09-19 - Modified: 2025-04-16 - URL: https://www.ernstlawgroup.com/blog/car-seat-safety-for-young-passengers/ - Categories: Car Accidents, Child Injury, Personal Injury September 23 – 29 is Child Passenger Safety Week. Hopefully, we all know that it is important to use an approved car 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... --- - Published: 2018-09-12 - Modified: 2025-01-06 - URL: https://www.ernstlawgroup.com/blog/semi-truck-accidents-investigations-and-dash-cams/ - Categories: Personal Injury, Truck Accidents FAST FACTS Buses and large trucks were involved in 12% of all traffic fatalities in (more... ) --- - Published: 2018-09-04 - Modified: 2025-01-06 - URL: https://www.ernstlawgroup.com/blog/safety-tips-for-those-electric-scooters-you-see-everywhere/ - Categories: In The News, Personal Injury FAST FACTS More than 67,000 people were seen in ERs in 2009 due to electric scooter related injuries. Wearing a helmet can (more... ) --- - Published: 2018-08-20 - Modified: 2025-09-29 - URL: https://www.ernstlawgroup.com/blog/psychological-effects-paraplegia/ - Categories: Catastrophic Injury, Personal Injury, Spinal Cord Injury Paraplegia is paralysis of the lower extremities caused by a spinal cord injury most often resulting from a severe trauma. Paraplegia is paralysis of the lower extremities caused by a spinal cord injury most often resulting from a severe trauma. The trauma causes the spinal cord to become damaged, bruised, lacerated or severed. The resulting paralysis, which can be partial or complete, strongly affects the individual’s quality of life — including their mental health. Paraplegia's impact on the person has been debated. There are definite psychological effects of spinal cord injury but they are unique to each person. Studies indicate that the sudden and often severe change in the individual’s lifestyle can lead to depression and, in some cases, post-traumatic stress disorder (PTSD). These findings are not surprising when one considers the circumstances often surrounding the spinal cord injury causing paraplegia. Impacts from Trauma, Paraplegia, and Mental Health The majority of individuals who suffer a severe spinal cord injury are involved in an unexpected and traumatic accident or event. Circumstances can range from automobile accidents to on-the-job injuries and even violent crimes. It’s not uncommon for accident victims to experience nightmares and flashbacks, common symptoms of PTSD. Paralysis may compound these feelings. Individuals coping with paraplegia due to trauma experience a wide range of emotional changes. Studies indicate they are anywhere from 2 to 5 times more likely to experience uncontrollable and life altering: Tension Depression Anger Fatigue Confusion Anxiety A number of factors contribute to spinal cord injury emotional effects. And while support from family and friends can provide a solid support group, sometimes external factors create seemingly uncontrollable... --- - Published: 2018-08-18 - Modified: 2025-09-18 - URL: https://www.ernstlawgroup.com/blog/safety-procedures-truck-drivers/ - Categories: Personal Injury, Truck Accidents FAST FACTS Almost 4,000 people were killed in accidents with semi trucks in 2016. 82% FAST FACTS Almost 4,000 people were killed in accidents with semi trucks in 2016. 82% of those victims were people other than the driver of the truck. 11% of all road fatalities in 2016 involved semi trucks. Semi trucks are multi-ton, monstrous behemoths that have come to dominate California’s highways and byways. From the ways some truck drivers operate their vehicles, it may seem like they do whatever they have to in order to get their freight delivered on time. Sure, there are federal and state laws that have to be followed, but it’s not illegal if no one reports them, right? Luckily, there are safety procedures and protocols set in place that trucks drivers and their companies alike cannot ignore. These features are integrated into the truck’s technology. That’s a relief when you consider the fact that there is currently a shortage of truck drivers across the nation, so less-experienced drivers are being put behind the wheel without extensive training. Here are some of the safety protocols in place for trucks drivers, rookies and veterans alike. Management Systems In the earlier days of 18-wheelers, new drivers would sit in a classroom and learn all about their new rigs before going out and getting hands-on experience. Nowadays, learning is done mostly online. Using a variety of different technologically-advanced tools, new drivers learn all about truck driver safety, electronic logging, road mapping and other essential skills to drive well. A combination of digital lessons, as well as instructor-led lessons, help teach... --- - Published: 2018-07-25 - Modified: 2025-04-16 - URL: https://www.ernstlawgroup.com/blog/another-wreck-highway-46-y/ - Categories: Car Accidents, In The News, Personal Injury This morning yet another fatal wreck was reported at the Highway 46 Cholome “Y”. This area is often referred to as Blood 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... --- - Published: 2018-07-24 - Modified: 2024-12-19 - URL: https://www.ernstlawgroup.com/blog/californias-heat-waves-shouldnt-shrugged-off/ - Categories: In The News FAST FACTS 700 people lost their lives in Chicago due to a heat wave in 1995. Scientists believe heat waves such FAST FACTS 700 people lost their lives in Chicago due to a heat wave in 1995. Scientists believe heat waves such as the one Chicago experienced will occur up to three times a year by 2100. The number of record high temperatures is now more than the number of record low temperatures per year. Depending on who you talk to, you may believe that climate change is real or something completely made up. No matter which side of the fence you are on as far as climate change, there is no denying that our summers are getting hotter. People across the country are suffering through record high temperatures. Shrugging off heat waves could be a mistake, because they can truly be dangerous. Early in July, a postal worker in California passed away in her mail truck. The worker was 63 years old, and family says that temperatures that day inched near 120 degrees. The woman had been with USPS for 28 years. Last year the woman had suffered a heat stroke in high temperatures. There is no air conditioning in mail trucks. While the family says that telling postal workers how to beat the heat is not enough, the tips are important to know. There are steps you can take to keep yourself as safe as possible when the temperatures soar. 1. Stay Hydrated Don't forget to drink plenty of water when it gets hot outside. An icy cold adult beverage might sound good, but alcohol will only dehydrate you.... --- - Published: 2018-07-17 - Modified: 2025-03-27 - URL: https://www.ernstlawgroup.com/blog/osha-fines-rise-california/ - Categories: In The News, Personal Injury, Work Injury, Worker's Compensation FAST FACTS 5,190 workers lost their lives on the job in 2016. The three most cited standards across the country... FAST FACTS 5,190 workers lost their lives on the job in 2016. The three most cited standards across the country in 2017 were fall protection/construction, hazard communication standard/general industry, and scaffolding, general requirements, construction. The California Division of Occupational Safety and Health has been cracking down on careless employers, and fines are on the rise. According to statistics, the problem isn't necessarily that employers are being more careless than they have been in the past, but that Cal/OSHA is conducting more inspections. Are businesses more unsafe, or is the uptick in inspections simply causing more violations to be caught? Read on to find out. In 2016, the agency handed out 2,736 citations, totaling $2. 5 million in fines. Just two years earlier, the agency issued 2,779 citations, but only brought in $1. 3 million in fines. New regulations have made some penalties higher. Fines have close to doubled for violations that are labeled as "other than serious" and increased for violations that are considered to be willful or those that are repetitive. California Workplace Violations to Date California companies have been cited already this year and some are serious. Here are some standout violations that have been reported by the agency. 1. Amputation The Alhambra Foundry Co. Ltd. was cited after an employee was forced to undergo an amputation as the result of a confined space accident. In August of 2017, workers were unjamming and cleaning a conveyor that was part of an industrial air filtration device. Another worker attempted... --- - Published: 2018-07-12 - Modified: 2024-05-23 - URL: https://www.ernstlawgroup.com/blog/smoking-can-especially-dangerous-truckers/ - Categories: Personal Injury, Truck Accidents FAST FACTS 51 percent of long-haul truck drivers report being cigarette smokers. FAST FACTS 51 percent of long-haul truck drivers report being cigarette smokers. Smoking increases the risk of stroke, cancer, heart disease and Type 2 diabetes. Smoking cigarettes is not as popular as it once was, but there are those people who choose to take on and keep the habit. While studies have shown that smoking nicotine can be dangerous to the overall health of an individual, it may be particularly dangerous for truck drivers. As San Luis Obispo truck accident attorneys, we typically represent people who have been injured in accidents caused by distracted driving, impaired driving and manufacturer defects. But what are your rights when the extraordinary occurs? It has been shown that some hazmat drivers disregard regulations and smoke near or in their vehicles. This increases the risk for an explosion tremendously. Read on to discover how hazardous smoking can be for truck drivers. 1. Explosions It should go without saying that smoking near flammable materials is risky, if not downright dangerous. What some people don't realize is that it isn't liquids that burn, but vapors. This makes smoking while transporting hazmat materials a terrible idea, as is smoking while fueling up. Federal regulations say that hazmat drivers are not permitted to smoke within 25 feet of their rigs. 2. Cancer Smokers are more likely than non-smokers to develop lung cancer. Smoking can actually cause cancer in any part of the body and, not only that, but smoking makes it more difficult for the body to fight cancer.... --- - Published: 2018-07-10 - Modified: 2024-12-19 - URL: https://www.ernstlawgroup.com/blog/driving-safely-wildfire-season-california/ - Categories: Car Accidents, Personal Injury FAST FACTS January 1, 2017 through July 8, 2017, there were 2,750 fires in California FAST FACTS January 1, 2017 through July 8, 2017, there were 2,750 fires in California that burned 79,861 acres. 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... --- - Published: 2018-07-03 - Modified: 2024-05-21 - URL: https://www.ernstlawgroup.com/blog/need-know-fatal-amusement-park-injuries-california/ - Categories: Brain Injury, Catastrophic Injury, Child Injury, Personal Injury, Premises Liability, Spinal Cord Injury, Wrongful Death There are seemingly two camps when it comes to amusement park rides in California: There are seemingly two camps when it comes to amusement park rides in California: Those who ride them for the thrill, and those who don't, finding them too risky. No matter which side of the fence you find yourself on when it comes to water slides, spinning rides, roller coasters and other adrenaline-fueled rides, the truth is that they can be dangerous. In the most severe cases, the aftermath requires the assistance of a wrongful death lawyer in San Luis Obispo. Are Amusement Park Accidents in California Common? Tens of thousands of people are injured on amusement park rides every year. Injuries range from minor ones that require no medical attention to accidents that prove fatal. About half of all people injured on these rides are children, with those between 10 and 14-years-old sustaining the most injuries of any age group. Children, due to their size, make up three-quarters of victims who have been thrown or have fallen from a ride. The Most Common Amusement Park Ride Injuries Almost any injury can be sustained on an amusement park ride that malfunctions, but some are more common than others. These include: Back, neck and head injuries Traumatic brain injury Lacerations Torn ligaments Broken bones Stroke Fatal injuries What Causes Amusement Park Ride Accidents? According to the federal Consumer Product Safety Commission (CPSC), there are several common causes for amusement park ride accidents. These include mechanical failure, improper operation, passenger misuse and the nature of the ride. When an accident is caused... --- - Published: 2018-06-28 - Modified: 2024-12-19 - URL: https://www.ernstlawgroup.com/blog/lack-truck-drivers-causing-accidents/ - Categories: Catastrophic Injury, Personal Injury, Truck Accidents According to the American Trucking Association, there is a lack of drivers in the According to the American Trucking Association, there is a lack of drivers in the United States. Whether it is because the lure of the open road is no longer there or people are turning to different industries for employment, the ATA says that there is a shortage of nearly 900,000 truckers across the country. The lack of drivers has an effect on the economy. Fewer drivers mean that fewer goods are being moved. Fewer goods moved means that supply cannot always meet demand. When that happens, prices at your local stores rise. Fewer drivers also means a big push to hire new ones, putting more inexperienced drivers out on the road. Inexperience and Accidents Collisions between trucks and vehicles often lead to catastrophic injuries for the people in the passenger vehicle. The power that a truck packs is no match for a typical vehicle. There are certainly a variety of causes that contribute to truck accidents, but driver inexperience is certainly one at the top of the list. When you learned to drive a car, you were given a book to study and taken out on the road to get some practice time behind the wheel. Learning how to drive a truck isn't much different. Drivers are trained and then given the keys. The only thing that can make them a better driver is to log miles on roads and highways. Think back to the experiences you had driving when you first got your license. Chances are you would call... --- - Published: 2018-06-21 - Modified: 2024-12-19 - URL: https://www.ernstlawgroup.com/blog/staying-safe-san-luis-obispo-fourth-july/ - Categories: In The News In the state of California, fireworks are divided into two categories: In the state of California, fireworks are divided into two categories: “Dangerous fireworks” and “safe and sane fireworks. ” Dangerous fireworks include larger sparklers and rockets. Safe and sane fireworks include snap caps, fountains and spinners. You can find a more comprehensive list on the Office of the California State Fire Marshal website. If you don't have a special display license, dangerous fireworks are illegal for your use. Typically, the only people who can secure a special display license are pyrotechnic operators who put on holiday displays. You may, however, legally purchase those fireworks on the safe and sane list provided you are 16 years of age or older. A person who is charged with and found guilty of purchasing or using illegal fireworks in California is subject to a year in a county jail and/or a fine of no more than $1,000. It may be considered a felony depending on the number of fireworks a person has in their possession. Even if you purchase safe and sane fireworks with the intent of setting them off on the Fourth of July, safety is important. Follow these tips to ensure that you and those enjoying the evening are safe. 1. Know How to Use the Firework Most fireworks involve some sort of ignition, but not all do. It's important that you know what you are working with. If you attempt to ignite a firework incorrectly, you are putting yourself at risk. Always read the instructions included with the fireworks you purchase... --- - Published: 2018-06-19 - Modified: 2024-05-23 - URL: https://www.ernstlawgroup.com/blog/avoid-desk-job-injuries-stretches/ - Categories: Personal Injury, Work Injury When people think of on-the-job injuries, they often picture accidents involving heavy machinery. When people think of on-the-job injuries, they often picture accidents involving heavy machinery. While these are certainly serious, they aren't the only type of injuries that occur in the workplace. Sitting at your desk for the better part of the day can lead to muscle pain, strain and eventual repetitive injury. The good news is that there are stretches you can perform at the comfort of your desk that can help prevent these injuries. 1. Stretching Your Hands and Arms These stretches are easy to do. The first involves placing your hands flat on your desk. Move your wrists from side to side as far as you can without removing your hands from the desk top. Hold each stretch for five seconds and repeat the exercise at least three times. Put your elbows on your desk and place your palms together. Gently lower your wrists without sliding your elbows apart. Hold the stretch for about seven seconds and repeat three times. Lastly, stretch your arm out in front of you and grab your fingers with the opposite hand. Gently pull your fingers back until you feel a stretch in your wrist. Hold the stretch and then gently press the same hand down towards the table. Hold that stretch. Repeat three times on each arm. 2. Stretching Your Neck and Shoulders Shrug your shoulders up towards your ears, but don't drop them. Hold your shoulders in place for three to five seconds, and then relax. Repeat the stretch three times. Sit... --- - Published: 2018-06-14 - Modified: 2024-12-19 - URL: https://www.ernstlawgroup.com/blog/protecting-number-one-state-dog-bites/ - Categories: Dog Attack Injury, Personal Injury State Farm recently released a report stating that residents of California experience more dog State Farm recently released a report stating that residents of California experience more dog bites each year than people in any other state. In 2017, 488 people made claims with the insurance company in California after being bitten by a dog. That number accounted for close to 14 percent of all dog bites in the United States for that year. According to the Humane Society of the United States, there are ways that people can prevent dog bites. 1. Altering Your Pet If you have a male dog, have him neutered. If you have a female dog, have her spayed. Altering pets makes them less prone to aggression. Pet owners should speak with their veterinarians to determine the best age of their pet with regards to undergoing the procedure. 2. Socialize the Dog Some people make the mistake of thinking that their new puppy will automatically get along with people and other animals simply because of its breed or their past experience with pets. Dogs need to be exposed to things that are unfamiliar in order to reduce anxiety they may experience in the future when exposed to those same things. A puppy should meet children, men, women and other people's pets. The more you expose your puppy to and the more often it is allowed to participate in a variety of activities, the less likely it will be to bite out of fear or stress. 3. Know Your Dog We would all love to take our dog to the... --- - Published: 2018-06-12 - Modified: 2025-07-01 - URL: https://www.ernstlawgroup.com/blog/6-easy-tips-staying-safe-boat-summer/ - Categories: Boating Accident, Personal Injury Boating season is here. It doesn’t matter if you are a novice to the water or have years of experience when it comes to safety. Boating season is here. It doesn't matter if you are a novice to the water or have years of experience when it comes to safety. Knowing how to keep yourself, your passengers and others on the water safe is important. If you have hours of experience behind the controls, think of this article as a refresher. If you're new to the sport, or hobby, use the article as a guideline when it comes to boat safety. 1. Pay Attention to the Weather Keep an eye on the weather as you approach the day of your outing. Take the time to check the weather report again before you head out. While news reporters are a great source of information, don't fail to trust what you see and feel. If the forecasters are calling for a clear day but you see ominous clouds building, chances are it's safer to stay off the water until the skies clear. 2. Common Sense Is Your Ally Use your common sense when operating a vessel of any type. Stay alert, avoid steering your boat into other watercraft, stay sober and be respectful of objects in the water. Some of the worst accidents occur because of recklessness and a general disregard for safety. 3. Have a Plan Someone should always know what you plan on doing. A float plan can be given to someone at the local marina or a trusted family member. A basic float plan will include your name and address, the names and contact... --- - Published: 2018-06-06 - Modified: 2025-03-27 - URL: https://www.ernstlawgroup.com/blog/summer-dangerous-motorcycle-riders/ - Categories: Motorcycle Accident, Personal Injury Summer is officially in full swing. Kids are out of school, families are planning vacations and motorcyclists are Summer is officially in full swing. Kids are out of school, families are planning vacations and motorcyclists are taking to the streets in greater numbers. One important thing to note is that summer is more dangerous for motorcyclists than any other time of year. Both collision and fatality rates increase during the warm weather months. There is nothing unique to the summer road that makes riding more dangerous. It is simply due to the sheer numbers of people who take to the roads, both urban and rural. Pedestrians, bicyclists, drivers and riders alike are sharing the streets now that vacation season has begun. The good news is there are things that everyone can do to reduce the risk of motorcycle accidents in San Luis Obispo this summer. As a Driver When you slip behind the wheel of your vehicle, be prepared to stay alert for motorcycles. Keep your eyes open and stay alert. Distracted driving is a large problem in the United States and is responsible for more accidents than anything else. If you find yourself driving next to or behind a motorcycle, keep your distance. The more distance you can leave between your vehicle and a motorcycle means more time to stop if you need to. Don't cut off a motorcycle when you pass, don't steer into the path of a bike when you turn, and stay as far behind a motorcycle as you can. As a Motorcyclist There is close to nothing better than hitting the open road... --- - Published: 2018-06-05 - Modified: 2024-09-17 - URL: https://www.ernstlawgroup.com/blog/sedan-rear-ended-semi-truck-santa-maria/ - Categories: Car Accidents, In The News, Personal Injury, Truck Accidents KSBY is reporting that a large semi truck rear-ended a passenger car early Monday morning. The wreck happened near Bonita Elementary School. 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... --- - Published: 2018-05-24 - Modified: 2024-12-19 - URL: https://www.ernstlawgroup.com/blog/drive-safely-around-semi-trucks/ - Categories: Personal Injury, Truck Accidents When you drive down a highway in California, you are bound to be sharing your space with at least one semi truck. When you drive down a highway in California, you are bound to be sharing your space with at least one semi truck. It's important to understand that these large vehicles have limitations that you may not. Larger blind spots, longer stopping distances and an inability to maneuver as easily as a smaller vehicle make knowing how to share the road with these vehicles essential. By focusing on your safety, you can drive around semi trucks with little to no issue. Read on to discover how you can avoid experiencing a problem with a semi truck on your next commute. 1. Know the Zones You are well aware of the blind spots surrounding your vehicle. You even adjust your mirrors to make the blind spots smaller. A trucker doesn't have this luxury. There are blind spots surrounding a semi truck that could seem enormous to the driver of a typical vehicle. Staying out of these no zones is imperative for your safety. A truck has a blind spot on each side of its trailer, in the front of the cab and behind the vehicle. To the left, the blind spot extends diagonally across one lane. To the right, it extends diagonally across two lanes. There is a blind spot that extends approximately 20 feet in front of the cab and one that extends about 30 feet behind the trailer. If you can't see a driver's eyes in one of the truck's side mirrors, assume the driver can't see you. 2. Pass... --- - Published: 2018-05-22 - Modified: 2024-05-23 - URL: https://www.ernstlawgroup.com/blog/top-causes-bike-accidents/ - Categories: Bicycle Accident, Personal Injury It’s always better to start with good news. On that note: There are fewer accidents involving cyclists than there ever have been. Now for the bad news: It's always better to start with good news. On that note: There are fewer accidents involving cyclists than there ever have been. Now for the bad news: The crashes that do occur involve many that could have been avoided either on the part of the cyclist or the driver. Whether you or riding a bicycle or driving a car, knowing why these accidents are most likely to occur can help you avoid them. Here are the top five causes of bicycle accidents in San Luis Obispo and across the country. 1. Being Hit By the Front of a Car According to the Insurance Institute for Highway Safety, there were more than 3,000 cyclists killed in crashes during a four-year period beginning in 2008. These accidents involved a cyclist being struck by the front end of a motor vehicle, and 74 percent of those collisions proved to be fatal. Of the accidents that weren't fatal, vehicle drivers were responsible for 29 percent of accidents that injured cyclists. What should be noted is that cyclists are at a great risk when it comes to sharing the road with cars. If you are driving a vehicle, be sure to keep your eyes open for cyclists, especially during warm, dry weather. 2. Being Hit in the Rear The old rule of thumb was to ride your bike against traffic so that you could see what was coming your way. The rule of the road, however, is that your bike is a vehicle and must... --- - Published: 2018-05-17 - Modified: 2024-12-19 - URL: https://www.ernstlawgroup.com/blog/common-types-personal-injury-san-luis-obispo/ - Categories: Car Accidents, Dog Attack Injury, In The News, Medical Malpractice, Personal Injury Tort law is more commonly known to people as personal injury law. A person injured by another’s negligence or 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... --- - Published: 2018-05-14 - Modified: 2018-05-14 - URL: https://www.ernstlawgroup.com/blog/how-to-prepare-for-a-landslide/ - Categories: Car Accidents, Personal Injury Landslides are an environmental danger that could very easily take your life and the lives of those you love if you are 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 Where Landslides are Most Likely to Occur There are areas that are more likely to experience a landslide than others. These areas include: Where a landslide has already occurred At the base of slopes or minor drainage hollows At the base or top of a cut or fill slope Hillsides where leach field septic systems are located Landslides are least likely to occur on non-jointed bedrock, on flat areas that... --- - Published: 2018-05-10 - Modified: 2025-04-16 - URL: https://www.ernstlawgroup.com/blog/nanomaterials-workplace-dangerous/ - Categories: In The News, Personal Injury, Work Injury, Worker's Compensation Nanomaterials are probably something you haven’t heard of, yet you use them almost every day. They are found in batteries Nanomaterials are probably something you haven't heard of, yet you use them almost every day. They are found in batteries, sunscreens, furniture, soaps and even sporting goods. Clearly you don't have to know what they are to be able to utilize them, but you may want to know what they are if you work with them. What Are Nanomaterials? Nanomaterials are items that have one or more dimensions and are smaller than 100 nanometers. In other words, at least one of their dimensions are microscopic. They are used in different products to make them lighter, to strengthen them or to help them maintain a certain temperature. Some nanomaterials occur naturally in volcanic ash and soot. These tiny particles have only been used in industrial workplaces since the turn of the century. That means that long-term exposure and the health effects of that exposure haven't been determined in totality. What is known is that the microscopic particles can enter the human body quickly and easily. The Future of Nanotechnology A study that was released in 2011 claimed that there would be an estimated need of 6 million workers in the nanotechnology industry by 2020. Millions of those jobs will be held in in the United States. With the rise in workers, studying the effects of exposure is something that needs to happen sooner rather than later. It has been said that nanotechnology is the fourth industrial revolution. There is no doubt that the industry has grown rapidly, but little has been... --- - Published: 2018-05-07 - Modified: 2024-05-23 - URL: https://www.ernstlawgroup.com/blog/car-crashes-covered-workers-comp/ - Categories: Car Accidents, Personal Injury, Work Injury, Worker's Compensation When people think about workers’ compensation and the accidents that lead to claims, they often think about injuries When people think about workers' compensation and the accidents that lead to claims, they often think about injuries caused by malfunctioning machines or their improper use on the factory floor. In other instances, people's minds may turn to slip and fall injuries. But what happens when someone is involved in an accident in the company car? While most people may not consider a car accident leading to a workers' compensation claim, they can and do. In certain circumstances, a person who is injured in a collision may be eligible for compensation. Here is what you need to know about how a car accident in a company car can lead to a workers’ compensation claim. Compensation is for Work-Related Injuries People who are injured on the job are covered under their employer's workers' compensation insurance. Victims may be able to recover lost wages, medical expenses and other costs associated with their injury and recovery. An injury doesn't necessarily have to occur at the worksite to be covered. If a person is off-site and acting within the scope of their duties, their financial losses may be recovered through workers' compensation. An employee involved in a car accident may be covered if they are: Delivering items Running an errand for their boss Driving a co-worker for work purposes Traveling for work that is being compensated On the other hand, an employee who is involved in an accident on their lunch break or during their commute to or from work probably won't be .... --- - Published: 2018-05-07 - Modified: 2024-05-23 - URL: https://www.ernstlawgroup.com/blog/personal-injury-wrongful-death-statistics/ - Categories: Personal Injury, Wrongful Death The Center for Disease Control and Prevention recently released comprehensive statistics for both fatal The Center for Disease Control and Prevention recently released comprehensive statistics for both fatal and non-fatal injuries. From 2010 to 2016, one of the leading causes of death across all age groups was unintentional injury, with 949,519 deaths reported. In 2014 alone, over 2,600,000 deaths were reported in the United States. The 4th leading cause of death was accidental injury. These deaths include everything from accidental falls or injuries at home to car wrecks and injuries on public property. While alarming, these statistics tell only one side of the story. In addition to the horrible personal losses, each of these deaths caused a significant economic loss component as well. According to the CDC, in 2014, each death in California caused a per capita economic loss of $538 per person, for a total economic loss of $20,894,000,000. How Civil Litigation Can Decrease These Death Totals Such staggering numbers highlight the magnitude of the death of a loved one, and the importance of using civil litigation as a deterrent. For example, a large verdict against a trucking company can bring about significant changes in the way that company does business. We have seen trucking companies agree to new and improved training for drivers, and even reduce the scheduled runs to avoid fatigued driving. However, it is less than certain that in your civil case you will be allowed to argue deterrence as a factor in the verdict your lawyers ask the jury to return. Defense lawyers often argue that deterrence is not... --- - Published: 2018-05-07 - Modified: 2024-05-23 - URL: https://www.ernstlawgroup.com/blog/avoid-7-deadly-driving-sins/ - Categories: Car Accidents, Personal Injury In December 2017, the Citrus County Sheriff’s Department in Florida launched a driver safety campaign they called 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... --- - Published: 2018-05-07 - Modified: 2025-04-02 - URL: https://www.ernstlawgroup.com/blog/woman-injured-crash-santa-maria-city-bus/ - Categories: Bicycle Accident, Bus Accident, Personal Injury On April 2, 2018, Veronica Zamora was hit and killed by a Santa Maria city bus while riding her bike. The police initially On April 2, 2018, Veronica Zamora was hit and killed by a Santa Maria city bus while riding her bike. The police initially reported that Ms. Zamora was in a marked bike lane on Caballero Boulevard near McCoy Lane when she was hit. Ms. Zamora suffered critical injuries and was transported via helicopter to Cottage hospital. Santa Maria police Sgt. Michael McGehee noted that the police department would continue its investigation. There were no initial reports as to whether or not the bus had a forward facing video. Did The Bus Have A Camera? Often, public entity buses have a video camera that records both the inside of the bus and is angled toward the front. These cameras are in place for this exact reason--- to know what happened when a serious or fatal collision occurs. On April 11, 2018, the police took the extraordinary step of closing McCoy Lane to conduct an accident reconstruction. Lt. Russ Mengel of the Santa Maria Police Department noted that the department was reexamining the material they already had. This reexamination was due to the new information gathered after the initial investigation immediately after the wreck. The Investigation Continues City officials are saying that once the investigation is complete, the findings will be forwarded to the local District Attorney’s office to determine if charges will be filed. Clearly, there is no theory that the bike rider would have been charged, so the only conclusion is that the police are determining whether or not the... --- - Published: 2018-05-07 - Modified: 2025-04-16 - URL: https://www.ernstlawgroup.com/blog/pedestrian-traffic-fatalities-rise/ - Categories: Child Injury, In The News, Pedestrian Accidents, Personal Injury, Wrongful Death A recent study conducted by the Governor’s Highway Safety Association (GHSA) shows that pedestrian fatalities in traffic A recent study conducted by the Governor’s Highway Safety Association (GHSA) shows that pedestrian fatalities in traffic accidents are on the rise. According to the GHSA, 6,000 pedestrians were killed in motor vehicle crashes in 2017. Two factors have been examined for their potential impact on these statistics. Possible Factors of Increased Pedestrian Fatalities The consistently increasing use of cell phones and legalization of marijuana are considered possible factors for the increased death rate of pedestrians. While cell phone use is obviously not new, every day we become more dependent upon our phone for nearly every aspect of our lives. Calls, texts, emails, social media, photos, maps and directions are among the reasons one might be looking at a phone when walking on the street. According to the National Safety Council, we are most vulnerable when walking in urban areas, crossing a busy street and negotiating traffic. When we do these things while looking down at a phone, the risk is far greater. Pedestrian-vehicle injuries are the fifth leading cause of death for children ages 5 to 19. Safe Kids. Org offers the following tips for safe walking: Top Tips For Safe Walking Habits Teach kids at an early age to look left, right and left again before crossing the street. Then remind them to continue looking until safely across. Teach kids to put phones, headphones and devices down when crossing the street. It is particularly important to reinforce this message with teenagers. It’s always best to walk on sidewalks... --- - Published: 2018-05-07 - Modified: 2025-03-27 - URL: https://www.ernstlawgroup.com/blog/semi-truck-accidents-driver-fatigue/ - Categories: Personal Injury, Truck Accidents When a 40-ton semi-truck crashes into a passenger car, the injuries to the occupants of the passenger car When a 40-ton semi-truck crashes into a passenger car, the injuries to the occupants of the passenger car nearly always result in catastrophic injuries or death. The sheer mass of the semi-truck, often fully loaded, simply overwhelms a passenger vehicle. It is vitally important that the motoring public understands and hopefully limits the number of semi-truck crashes. One of the primary causes of these crashes is driver fatigue. The Dangers of Driver Fatigue A semi-truck driver has a very tough job. He is often paid only by the mile. He does not receive wages for the time he spends waiting, loading and unloading. When he is stuck in traffic, he is earning very little. When a job goes well, he may make up to $3. 00 per mile, but he often makes far less. As an independent trucker, the driver is responsible for his own expenses. These expenses include fuel and vehicle maintenance. Why Driver Fatigue Occurs With trucks getting around 5 to 6 miles per gallon and fuel over $3. 00 per gallon, there is a very small margin for profitability for a driver. The driver is motivated to drive as many miles as he can to earn a living. Often, this desire is in conflict with the Federal Motor Carrier Safety Regulations, which limit the amount of time a driver can be on-duty and how long he can drive in a certain time frame. According to Department of Transportation regulations, a driver can drive no more than 11... --- - Published: 2018-04-30 - Modified: 2024-05-20 - URL: https://www.ernstlawgroup.com/blog/choose-wrongful-death-law-firm/ - Categories: Personal Injury, Wrongful Death It’s always a tragedy when a loved one is killed in an accident. You can never be prepared for such an occurrence. It's always a tragedy when a loved one is killed in an accident. You can never be prepared for such an occurrence. Beyond the love you have lost, you may be forced to worry about costly financial expenses. If someone else is deemed to be responsible for the death of your family member, you may be able to file a lawsuit in civil court seeking compensation for what you have lost. Any person can file a lawsuit on their own. It is often a better choice to hire legal representation in order to receive the highest amount of damages possible. These are some things to look for when you are seeking a wrongful death attorney. 1. Settlements for Everyone Beware of the attorney that advertises high settlements for every client. While everyone feels they should be rewarded a large financial compensation for the wrongful death of a loved one, this is simply not always going to happen. Each case is unique and no attorney can promise each of their clients a huge settlement package. An attorney who advertises such a thing may not be lying outright, but they are bending the truth in a significant way. 2. Reputation Attorneys have reputations within the legal community. Ask around about some of the wrongful death attorneys in your area. If you know an attorney, ask them who they would recommend. If you don't know an attorney, seek the advice of your local or state law society. You can also check to see... --- - Published: 2018-04-23 - Modified: 2024-12-19 - URL: https://www.ernstlawgroup.com/blog/insurance-company-consider-act-god/ - Categories: Personal Injury Most homeowners have heard about "acts of God," but many may not know exactly what it means. Insurance policies cover certain problems for people who own homes and vehicles, but they may exclude others. For example, if your roof caves in due to a lack of maintenance or attention, your insurance company will most likely not cover the repair costs. On the other hand, if a hail storm damages your shingles, your insurance company may foot the bill to have them replaced. An "act of God" is a natural event that cannot be prevented. You don't know it's coming and even if you did, there is nothing you can do to stop it. Damage caused by a tornado, an earthquake, a hailstorm, a hurricane or other naturally-occurring catastrophes would be covered. Here's some more information about what your insurance company may consider an "act of God. " Your Comprehensive Coverage You may be covered for a loss under the comprehensive portion of your policy if the damage is caused by a bird, a fire or falling objects. You may also be covered if the damage is the result of a criminal act, riot or some type of storm. You can always ask your agent about what is covered under the comprehensive portion of your policy. Your Liability Coverage In some cases, your insurance company may deny your comprehensive claim and tell you that you have to file the claim under a different portion of your coverage. That coverage may be... --- - Published: 2018-04-18 - Modified: 2024-05-21 - URL: https://www.ernstlawgroup.com/blog/factors-affect-pain-suffering-claims/ - Categories: Personal Injury Though every accident is unique, let's set that aside for a moment for the sake of the following example. Let’s say that you and your closest friend are both involved in accidents that are exactly the same. You both file personal injury lawsuits and are awarded damages, but you receive much less. You find the discrepancy to lie in what you were awarded for pain and suffering. Why does this occur, and what exactly is pain and suffering? Pain and suffering is something that is quite personal and looked upon by judges and juries in different ways. While one jury may award the maximum amount allowed under law, another may award much less. The amount you are awarded for pain and suffering will depend on consistency, credibility, likeability, your testimony and the testimony of your healthcare providers. Consistency Your account of the incident, and its aftermath, must remain consistent. If a jury finds that you are changing your story from day-to-day or person-to-person, they will be less sympathetic and will believe that you are making at least part of your testimony up. If you tell one doctor that your pain is so bad that you can't work, but you tell your physical therapist that you are feeling much better, warning alarms will go off in a jurors mind. Credibility Medical providers can't testify to the amount of pain you are in because they don't know. You can't make someone believe that you are credible, but there are factors that will... --- - Published: 2018-04-16 - Modified: 2024-05-23 - URL: https://www.ernstlawgroup.com/blog/recent-product-recalls-aware/ - Categories: Personal Injury, Product Liability When a consumer purchases a product for themselves or someone else, they have the right to expect that the product, when used appropriately, won't pose a danger. Unfortunately, people are harmed by defective products everyday. When manufacturers are made aware of these defects, they typically issue a recall of the product. Here are some of the most recent recalls you should be aware of. Paw Patrol Marshall Hat Although Halloween is over, the popularity of Paw Patrol may influence little ones to still be wearing part of their costume. The Marshall Hat, sold as part of Spirit Halloween's costume, also included a flashlight. This flashlight has a piece causing a problem. The batteries in the flashlight can overheat, causing a burn hazard. Any of the approximately 20,000 consumers who purchased the product are entitled to a refund and can call (866) 586-0155 for more information. Vornado Air Space Heaters Certain electric space heaters have been recalled due to the potential for overheating, which can lead to fire. About 350,000 of these heaters were sold throughout the country, and consumers should cease use immediately. The company is offering a full refund or replacement, asking consumers to contact (855) 215-5131 for more information and instructions. Scotch Thermal Laminators Loved by teachers, parents and crafters alike, this popular little laminator typically has no issue. Unfortunately, 3M has had to issue a recall of approximately 395,000 units. This recall is due to overheating in the plastic casing posing a burn hazard. If you have... --- - Published: 2018-04-12 - Modified: 2025-04-16 - URL: https://www.ernstlawgroup.com/blog/another-fatal-wreck-cholame-y/ - Categories: Car Accidents, In The News, Personal Injury, Wrongful Death On April 6, 2018, another fatal wreck occurred at the Highway 41/46 intersection, also known as the Cholome “Y”. This accident is yet another serious wreck that has occurred at this intersection in recent months. According to reports, the KSBY Highways 41, 46 and 33 are closed in the area and are expected to be closed for several hours. At least 5 vehicles are reportedly involved and 11 total injuries and two deaths have been reported. Further details on the cause of the wreck are not yet available. The Dangers of Cholame “Y” This intersection, also known as the Jimmy Dean memorial intersection, has seen far too many fatal and serious injury wrecks. In 2017, at least 6-people died at the “Y”, also dubbed, Blood Alley, in just 2 months. From approximately January 1, 2017 to the end of May 2017, six separate crashes on SR 46 and SR 41 cost at least six human lives and caused additional injuries. On March 17, 2017, a head-on crash on SR 41, north of the “Y”, killed a young woman when she drifted into an oncoming car. The accidents at this extremely dangerous intersection do not stop here. On March 31, 2017, a five-car collision occurred on SR 46 near the Shandon rest area. This accident happened when a truck collided with a pickup, killing the pickup’s driver. On April 30, a three-car collision occurred on SR 46 near the “Y” that killed an elderly woman. On May 9, 2017, a head-on... --- - Published: 2018-04-10 - Modified: 2025-01-28 - URL: https://www.ernstlawgroup.com/blog/robots-make-workplace-safer/ - Categories: Personal Injury, Work Injury, Worker's Compensation We've been reading about robots taking over the human race since we were kids. We've also seen it in movies. Robots working alongside humans either turns out well, or in utter ruin. But that's fiction --- what does reality look like? The Facts about Robots in the Workplace The truth is that robots, in some form or another, have been in American factories for decades. Last year alone, it was estimated that there were at least 250,000 such machines working on their own or assisting humans as they completed their daily tasks. Our perception of what a robot in the workplace looks like is not the reality. Robots aren't walking, talking humanoids. Instead, they are machines with automated arms that perform the tasks required of them. The History of Robots in the Workplace When they were first introduced into the workplace, robots were often assigned areas of the floor separate from humans. The machines of yesterday and today pose hazards to humans and often aren't able to detect a human in close proximity. Since 1984, when a human worker was killed on the job by a robot, safety measures have been in place. He was crushed between a steel pole and a hydraulic robot. Safety measures may include barriers, sensors and more. But what happens when robots that are designed to be mobile and interactive are brought into the factory? To answer this question, the Center for Occupational Robotics Research was formed in September 2017. Partnerships also exist among different... --- - Published: 2018-04-09 - Modified: 2025-09-18 - URL: https://www.ernstlawgroup.com/blog/common-causes-distracted-driving/ - Categories: Car Accidents, Personal Injury It seems like people are doing everything behind the wheel, except keeping their eyes on the road. Distracted driving puts everyone on the road at risk, including the driver doing the distracted driving. Knowing the most common causes of distracted driving can serve as a reminder of what not to do behind the wheel. It can also be a warning of what you may be doing that you should stop in order to keep your life and the lives of others safe on the road. 1. Cellphone Use We use our smartphones to stay connected to the world. Unfortunately, we stay connected even when we are driving. Using our cellphones while we drive is one of the most dangerous things we do. Experts suggest putting your cellphone where you can't reach it and turning off the alerts so you aren't tempted to grab for it. It doesn't matter if you are talking, texting or scrolling through social media, your cellphone is a definite distraction. No text, phone call, or social media update is as important as arriving at your destination safely. 2. Passengers Anyone who has driven with kids in the backseat knows how distracting they can be, but what about your other passengers? Listening to a loud conversation in your car can be distracting, and adding in your own comments will get you even more distracted. Kindly ask your passengers to keep their voices to a normal level. 3. Music If you rock out behind the steering wheel to... --- - Published: 2018-04-02 - Modified: 2024-12-19 - URL: https://www.ernstlawgroup.com/blog/link-online-shopping-terrible-traffic/ - Categories: Car Accidents, In The News, Personal Injury Online shopping has become much more popular in recent years. In fact, it has become so popular that many brick-and-mortar stores are experiencing financial difficulties. It stands to reason that the more people find what they need online, the less they are traveling to malls and shops. What some people may not have considered is the impact that online shopping has on traffic. The Negative Effects of Online Shopping A few years ago, a man named John Benjamin Woodard sat outside of New York by Gehry, one of the tallest residential buildings in the world, to observe traffic patterns. The man's purpose was to watch delivery vehicles. Not only watch them, but pay particular attention to where they parked and how long they remained idle. He also took stock of how the vehicles impeded pedestrian and vehicle traffic. He recorded his observations back in 2013, and online shopping has only increased since then. Four years ago, Woodard found that delivery trucks stayed parked an average of 21 minutes. Two-thirds of those vehicles were double-parked. Woodard completed his study as part of a graduate program. What he found was interesting. While some may believe that ordering from online retailers means less cars on the road, because people aren't leaving their homes to shop, it may actually mean more congestion. Ordering online doesn't negate people from leaving their homes; it is actually freeing up their time to travel elsewhere. Online shopping is also putting more delivery trucks on the country's roads. The... --- - Published: 2018-03-29 - Modified: 2024-12-19 - URL: https://www.ernstlawgroup.com/blog/common-causes-truck-accidents/ - Categories: Personal Injury, Truck Accidents Any vehicle accident has the potential to cause severe injury, but none present a greater danger as an accident with a big rig. Because of the sheer power that is packed behind these vehicles, collisions with them often result in serious injury or fatality. As the driver of a vehicle, one of the best ways to prevent an accident is to know what may cause one. We all share the roads with semi trucks, so we should focus on sharing those roads appropriately and with safety in mind. Here are the most common causes of truck accidents created by drivers of passenger vehicles. 1. Driving in Blind Spots Semi trucks have blind spots that effectively surround the vehicle. This is a good rule of thumb: if you can't see the driver's eyes in the side mirror, they can't see you. When a driver can't see you, you are in danger of being involved in an accident. Stay out of blind spots. 2. Changing Lanes It takes a semi truck a much greater distance to stop than a typical passenger vehicle. If you need to change lanes and get in front of a truck, do so with at least a few car lengths of distance in between your rear end and the front of the truck. If you have to slam on your brakes, you don't want to have a semi on your tail. 3. Sticking to the Right Another common cause of accidents between semi trucks and passenger vehicles is... --- - Published: 2018-03-26 - Modified: 2018-03-26 - URL: https://www.ernstlawgroup.com/blog/whos-liable-train-accident/ - Categories: Personal Injury When a train accident occurs, it typically makes the headlines. This is because they don't occur often. Unfortunately, though they aren't common, train accidents often result in fatalities. When a person dies, they maintain their legal rights. If a loved one has passed away due to injuries sustained in a train accident, you and other surviving family members have the right to hold the responsible parties accountable. Common Carriers In legal speak, trains are considered a common carrier. This means it is a vehicle that transports goods or people and charges for that service. As a common carrier, a train company has a higher duty of care when it comes to the safety of its passengers. When a family sues a train company, like Amtrak, for an accident, the company is held to that standard of care. Common carrier liability is often named in the lawsuit. It stands to reason that these companies should be, and are, held to higher expectations when it comes to maintaining and operating their vehicles. Costs Associated with a Train Accident When a train accident occurs, the medical bills for a victim of the accident can become astronomical. Unlike a car accident where typically only a few people incur injury, a train accident can result in the injury of dozens, even hundreds, of people. When you consider the costs of medical care, lost wages and funeral costs needed for these victims, it becomes apparent why lawsuits ask for hundreds of millions of dollars in compensation.... --- - Published: 2018-03-19 - Modified: 2025-05-16 - URL: https://www.ernstlawgroup.com/blog/hire-lawyer-injury-case/ - Categories: Personal Injury If you are hurt in an accident, you may consider filing a lawsuit as a way to recover the money you were forced to spend on medical bills and the repair of your property. You are certainly within your legal rights to do so, but going it alone is rarely a good idea. Hiring the right attorney for your injury case can be overwhelming, given the number of choices. Here are some ways to find and hire the best attorney you can. Talk to People You Know Chances are that you know someone who has used an attorney. Even if they aren't a personal injury attorney that you can hire for your case, they may know one. Attorneys know other attorneys. If your mother used a great attorney for her divorce, phone their office and ask them to recommend a personal injury attorney. View Local Bar Association Let's say that you don't want people to know that you are looking for an attorney for whatever reason. Reach out to your local bar association. The bar will have a list of attorneys. Consider, though, that this is only a list of licensed attorneys who can practice law near you. It doesn't mean that they are great lawyers; you will have to research the ones on your list. Look Online For Reviews You can find attorneys online within seconds of typing "personal injury attorney" in your search bar. Once you have a listing, you may want to head over to Avvo. com... --- - Published: 2018-03-13 - Modified: 2024-05-21 - URL: https://www.ernstlawgroup.com/blog/workplace-ready-tornado/ - Categories: Personal Injury, Work Injury For most of the country, Spring is tornado season. That said, a tornado doesn't look at a calendar, and one can occur at any time if the weather is right. More than 1,000 tornadoes touch down across the country every year, causing an average of 70 annual fatalities. No state is immune; each has had a tornado on record. In fact, California has an average of 11 tornadoes touch down every year. When we are in school, we have tornado drills. We exit our classrooms, line up against interior walls and assume the position, covering our necks for protection. Once we graduate, we don't have tornado drills. You won't be crouching down in the hallway of your workplace any time soon, but believe it or not, your employer does have a policy in place if there are at least 11 employees. At least, they are supposed to. According to the Federal Emergency Management Agency's Individual and Community Preparedness Division, employers should: Have a Plan Employees should know where they are supposed to shelter should a tornado touch down nearby or a tornado is imminent. Also, they should know where to head once the tornado has passed. Despite not having tornado drills routinely, it is recommended that they do take place. A tornado drill ensures that everyone understands the written policy and can react appropriately in the case of such an emergency. Know the Danger Signs Workplaces don't typically have televisions tuned in to the weather. Also, they may not have... --- - Published: 2018-03-12 - Modified: 2025-03-30 - URL: https://www.ernstlawgroup.com/blog/can-sue-uber-driver-gets-accident/ - Categories: Car Accidents, Personal Injury People are relying on Uber like never before. Whether for quick trips to the store or a sober ride home after a night on the town, Uber has certainly gained popularity. While you may be counting on Uber as a safe ride to your destination, what if your ride isn't safe? If you get into an accident caused by an Uber driver, can you sue? Can I Sue Uber if My Driver Gets in An Accident? When you hire an Uber driver, you're really hiring an independent contractor. This means that people who drive for Uber aren't employed by the company. Instead, these people technically are only using the name of the company to make some money for themselves. They aren't employees in the sense that they can pick and choose when they work, how often they work and where they will drive. Because their work isn't dictated by the company, they can't be considered employees. If you are involved in an accident with an Uber driver, this means that you can't sue the company because that person is not working for the company in the truest sense. All of this said, it doesn't mean that you don't have a way to seek compensation. In most states, you have options. As a Passenger If you are a passenger in a vehicle driven by an Uber driver and are involved in an accident, get out of the car if you are able to and take pictures of the accident. Get pictures... --- - Published: 2018-03-05 - Modified: 2018-03-05 - URL: https://www.ernstlawgroup.com/blog/motorcycle-accidents-happen/ - Categories: Motorcycle Accident, Personal Injury While motorcycle accidents may not be more common or occur more frequently than other types of accidents, they do typically result in a higher rate of serious injury and death. When you consider that a motorcyclist isn't protected in the same way as the driver of a vehicle, it's easy to see why. There are several factors that come into play in order for a motorcycle accident to occur. Here are some of the most common. 1. Vehicles Making Left-Hand Turns One of the most common, if not the most common, causes of motorcycle accidents is a vehicle turning left in front of a motorcycle rider. Just under half of all accidents involving motorcycles are caused by this maneuver. They most often occur when a motorcycle is either traveling straight through an intersection, attempting to pass the vehicle in front of them, or trying to overtake the vehicle. A motorcyclist is less visible to a driver than another vehicle. It is not unusual for a motorcyclist to be somewhat permanently in the blind spot of a driver. Even if that driver looks in their mirrors, they may be unaware of the rider. You may think that a motorcycle is loud enough for any driver to hear, but this is not always the case. 2. Lane Splitting Lane splitting occurs when a motorcyclist decides to travel between two lanes of cars. It normally happens when vehicles are moving slowly, such as in a traffic jam. This maneuver is dangerous because of... --- - Published: 2018-02-27 - Modified: 2025-03-30 - URL: https://www.ernstlawgroup.com/blog/common-construction-accidents/ - Categories: Personal Injury, Work Injury, Worker's Compensation The construction industry is one of the most dangerous there is. Working from heights, around large machinery and even underground all pose unique sets of hazards, not to mention walking under objects that have a very real chance of falling. According to the Centers for Disease Control and Prevention, more than 3 million workers are hurt on the job each year. Of those who are injured, construction workers make up 9 percent. There are 4. 3 nonfatal injuries for every 100 workers in the industry. Some accidents occur more frequently than others and can be more easily avoided if people know what to watch out for. 1. Falls One of the most common types of accidents resulting in injury on the construction site is nothing more than a fall. It seems like something so simple, but falling is more than just tripping over your feet as you are walking. In the construction industry, a fall is typically anything but simple. A fall that occurs while walking across scaffolding, for example, can result in death. When a fall from heights isn't fatal, it can result in extremely serious injury. 2. Falling Objects Another leading cause of accidents on construction sites is strikes from falling objects. Tools that are being used high in the air can slip out of someone's hand. Large pieces of construction materials can slip from cranes and crash to the ground below. Unfortunately, sometimes those things crash right on top of a worker, causing severe injuries that, sometimes,... --- - Published: 2018-02-26 - Modified: 2024-12-19 - URL: https://www.ernstlawgroup.com/blog/youve-pedestrian-accident/ - Categories: Pedestrian Accidents, Personal Injury You have just gone to the store and are walking back to your car in the parking lot. You are walking down the street and step into the crosswalk to get to the other side. You are jogging down a country road. No matter the situation, pedestrians are struck by cars all too frequently. Injuries sustained in these types of accidents can range from minor to severe. In some instances, these accidents can prove fatal. If you have never been hit by a vehicle, consider yourself lucky. However, you should prepare yourself for the possibility. What you do following the accident is important. 1. Get Out of the Street As angry as you are, you need to try to remain calm. If you are injured but can still move, get out of the road. At the very least, get as close to the curb or side of the road as you can. If you feel as though you have injured your back or neck, you'll want to stay put. Ask a witness or the driver to stand near you so that you aren't struck again. 2. Don't Let the Driver Leave Let's say that you've been lightly tapped and haven't received any injury. You still don't want to let the driver leave. Call the police and make a report of the incident. Your injuries may not be apparent and you may have to seek medical attention later in the day or even in the following days. 3. Call the Police... --- - Published: 2018-02-20 - Modified: 2024-05-23 - URL: https://www.ernstlawgroup.com/blog/hit-run-accident-affect-insurance/ - Categories: Car Accidents, Personal Injury You're driving down the street and a car hits you and keeps driving. You park your car in front of your house and come out in the morning to find your rear bumper laying on the ground. In either case, you have no way to find out who struck your vehicle. Your thoughts immediately turn to what this means for your insurance premiums. What Is a Hit-and-Run? A hit-and-run is when a person causes a vehicle accident and fails to stop and remain on the scene. These accidents can occur between two vehicles, between a vehicle and a pedestrian, or between a vehicle and property. Who Pays? If you are involved in a hit-and-run, you will have to contact your own insurance company. The coverage that will pay out is your uninsured motorist coverage. The bodily injury portion of this coverage will pay for your medical bills, and the property damage portion will pay for your tangible losses. If you don't have this type of coverage, you really should. They are both relatively inexpensive to carry and can provide valuable protection. In most states, the coverage is mandatory if you have financed or leased a vehicle, but optional if you own the vehicle. If you live in California, Colorado, Georgia, Illinois, Louisiana or Ohio, uninsured motorist property damage will not pay out in the event of a hit-and-run. Instead, your collision coverage will kick in. Typically, if it is your first accident, you won't have to worry about your premiums... --- - Published: 2018-02-13 - Modified: 2018-02-13 - URL: https://www.ernstlawgroup.com/blog/whos-liable-dog-bite-california/ - Categories: Dog Attack Injury, Personal Injury Being bitten by a dog is frightening. Whether you are bitten once or attacked, you can be severely injured and left with emotional scars. If you own a dog in California or you have been bitten by a dog, you should be aware of the state's laws regarding dog bite liability. Strict Liability California has a dog bite law referred to as "strict liability. " This means that any victim who chooses to sue a dog owner after a bite will be compensated for their damages if they can prove it was that specific dog that attacked. The owner does not have to have knowledge of the dog's being aggressive, and the dog does not have to have bitten in the past. Under the premise of strict liability, the victim must be able to prove two things: The victim was bitten, and The victim was in a public place or was lawfully in a private place when bitten. Lawfully in a private place means that the person was not trespassing. They were a guest in the home or had a reason to conduct business on the premises. A victim cannot sue after being bitten by a police or military dog under the guise of strict liability. Dog Attack Without a Bite Strict liability won't help a victim who has been attacked and injured but not bitten. For example, you are riding your bike down the street and a dog chases you, biting your back tire. The dog biting your tire... --- - Published: 2018-02-05 - Modified: 2018-02-05 - URL: https://www.ernstlawgroup.com/blog/really-ready-autonomous-cars/ - Categories: Car Accidents, Personal Injury Imagine getting behind the wheel, ready to drive to work and having to do nothing but sit and relax. It's a vision of the future that has become a reality. Autonomous cars were something only dreamed of until recently. Now that they are here, people are wondering if we are really ready for them. The idea of a self-driving car may be proving to be better than the reality. Tesla has come under fire from consumers since it sold its first self-driving cars. Several accidents have occurred, with the most recent being on a California freeway. Here's what we know. Recent Accidents with Autonomous Vehicles A fire truck was parked with its lights flashing. The truck was all the way in the carpool and emergency lanes, responding to an accident. Engine 42 was sitting stationary when it was struck by a Tesla traveling at 65 miles per hour. The owner of the vehicle said that the car was on autopilot at the time of the collision. Luckily, no one was injured in the wreck. In another incident in California, a man was found passed out behind the wheel of his Tesla as it traveled on autopilot. The man was arrested and charged with driving under the influence. That incident occurred on the Bay Bridge. What Tesla Has to Say For its part, Tesla has said again that autopilot is meant to assist drivers, not to completely replace them. "Autopilot is intended for use only with a fully attentive driver," the... --- - Published: 2018-01-24 - Modified: 2024-05-21 - URL: https://www.ernstlawgroup.com/blog/medical-marijuana-regulations-truckers/ - Categories: Personal Injury, Truck Accidents More states are legalizing marijuana each year. While it may be legal to smoke marijuana in certain states, either for recreational or medicinal purposes, it is still illegal to drive while impaired. If you are an over-the-road trucker, it's important that you understand what the issues are as they pertain to you and your continued employment. More and more trucking schools across the United States are telling potential applicants to not even bother filling out the paperwork if they know they will test positive for marijuana. Despite this, there is still close to a 60 percent fail rate, on average. It's hurting the industry because it is inhibiting the ability of companies to find good drivers. Marijuana in California Recreational marijuana is legal in several states. California is just one of them. Medical marijuana is also legal in 29 states. Just because state governments are giving the okay to marijuana use, the trucking industry isn't budging. There is still a zero-tolerance policy when it comes to drugs and driving, and marijuana is still a drug. Marijuana sales for recreational purposes are set to kickoff in California this year. Trucking companies, thus far, have indicated that their policies won't be changing. The California Trucking Association is reminding all drivers and potential drivers that they will be sticking with the federal law that prohibits use of the drug. This means, in plain language, that no driver in California is free from repercussion should they test positive for the drug. Testing for the... --- - Published: 2018-01-23 - Modified: 2018-01-23 - URL: https://www.ernstlawgroup.com/blog/finding-right-safety-goggles-work/ - Categories: In The News, Personal Injury, Work Injury, Worker's Compensation Your job requires you to wear safety glasses. You know that much. That said, you aren't quite sure how to choose the right pair. There are several options, and if your company isn't providing their own preferred brand and type for you, it leaves you shopping for your own gear. If you are shopping for safety goggles, there are three things to look for before you ever begin to worry about style: 1. ANSI Z87. 1 Certification It's a lot of letters and numbers that mean this: The glasses will protect your eyes from impact, liquid splash exposure and non-ionizing radiation. It's a workplace standard, so it should be easy to find if you are looking at safety goggles made specifically for the worksite. 2. Know Your Hazards Safety eyewear is designed to protect the eyes against specific types of hazards, which means you need to know what you could potentially be exposed to. Know what you need to protect your eyes from and then look for glasses that offer that type of protection. 3. Activity Lastly, you need to understand what types of activities you will be undertaking. For example, if you are going to be welding, you will need much different eyewear than a person working a crane. Determine the activities you will be asked to perform on the job and choose a pair of glasses that is designed for your needs. Once you have gotten the basics down, you can look at your options. A pair of... --- - Published: 2018-01-16 - Modified: 2018-01-16 - URL: https://www.ernstlawgroup.com/blog/new-silica-rule-stay-place/ - Categories: In The News, Personal Injury, Product Liability The U. S. Court of Appeals for the District of Columbia Circuit issued its final rule regarding respirable crystalline silica exposure on December 22. The high court rejected all industry challenges. The rule that will remain in effect for the construction industry reduces the permissible exposure limit meant to keep workers safe. The limit is now set at an average of 50 micrograms per cubic meter of air over a typical 8-hour workday. The provisions will be put in place on June 23, 2018. Groups asked the high court to review five key issues: Will reduced PEL cause a significant decrease in health with regards to silica exposure? Is the rule "technologically feasible for the foundry, hydraulic fracturing and construction industries"? Is the rule economically feasible for those industries? Has OSHA violated the Administrative Procedure Act? And questions regarding evidence supporting two ancillary provisions What Is Crystalline Silica? Quartz is the most common type of crystalline silica. It is a natural material found in sand, stone and soil. When it is in dust form and can be breathed in, it is called respirable crystalline silica. This respirable crystalline silica is often found on construction sites, as a byproduct of blasting, digging and other activities that are disruptive to the earth, concrete or brick. Cancer and Crystalline Silica There is an elevated risk of lung cancer for people who are exposed to respirable crystalline silica. Lung cancer has been linked to exposure for people who work in industries involving pottery, refractory... --- - Published: 2018-01-15 - Modified: 2025-04-16 - URL: https://www.ernstlawgroup.com/blog/comes-planes-drones-dangerous-birds/ - Categories: In The News, Personal Injury Maybe you got a new drone for the holidays. Perhaps you've had one and have just been waiting for the right weather to go out and fly it. You've heard that you have to be careful of aircraft in the area, but why? You would never fly your drone that high. If you don't have excellent control of your drone, you certainly could fly it high enough to get in the way of low-flying aircraft, and you could cause great damage. A new study has been released detailing that damage and some people have found it surprising. When it comes to planes and other aircraft, drones are now considered a bigger danger than birds. The Federal Aviation Administration's Alliance for System Safety of UAS through Research Excellence recently released their report on drones and their hazards. What they found was thought provoking. If a drone and a bird of roughly the same size and weight struck a plane, the drone would cause far more structural damage than the bird. How the Study Was Conducted The researchers didn't use real planes to test their theories, of course, but utilized computer models for the analysis. They studied quadcopters weighing both 2. 7 and 4 pounds, and they looked at fixed-wing drones weighing 4 and 8 pounds. They studied the collisions of each of these machines with commercial planes and business airliners. They discovered that drones would cause more damage than birds, simply because of all the components they are made of, including... --- - Published: 2018-01-12 - Modified: 2024-12-19 - URL: https://www.ernstlawgroup.com/blog/truck-driver-responsible-death-sentenced-jail/ - Categories: In The News, Personal Injury, Truck Accidents, Wrongful Death A truck crash in Nipomo in November 2016 led to one death and three other injuries. Now, the truck driver responsible faces up to a year in San Luis Obispo County Jail. The French woman who lost her life during the crash suffered blunt force trauma to the head after the truck driver’s Isuzu box truck failed to notice stopped cars at a stoplight, and rear ended her vehicle. After the first collision, the truck driver continued forward, striking another vehicle and causing further injuries. The crash victim’s family filed a wrongful death lawsuit in March of 2017, which was dismissed that summer. The truck driver nonetheless faced charges including a felony of vehicular manslaughter with gross negligence and a misdemeanor charge of reckless driving. In December, the driver plead no contest to the lesser charges, after the felony charge was dismissed. A plea deal was struck for which the driver was sentenced to one year in jail and three years of probation, in addition to paying restitution. It is likely that the driver will serve around six months in San Luis Obispo County Jail, and will then be allowed to apply for alternative sentencing. If you or someone you know has been injured in a semi truck accident in the San Luis Obispo area, we are here to help. Contact our team of accident attorneys to schedule a free consultation today. You may be entitled to compensation to aid with medical bills, lost work time, and other costs. --- - Published: 2018-01-10 - Modified: 2024-12-19 - URL: https://www.ernstlawgroup.com/blog/commuting-bicycle-consider-safety-tips/ - Categories: Bicycle Accident, Personal Injury Commuting by bicycle is becoming more popular across the nation. While some people know exactly how to operate a bicycle safely, others don't. Commuting means more than jumping on your bike and pedaling. It means that you've got to be hyper aware of the vehicles around you and practice prudent safety. If you are new to commuting or simply need a refresher, we've compiled a list of safety tips that should help you get where you are going in the same state you were in when you jumped on your bicycle. 1. Know the Danger Zone Do you know what your biggest danger is while riding a bike? Car doors. It may be a bit surprising, but more cyclists are injured by running into suddenly opened car doors than anything else. When you are riding past vehicles, leave space enough between you and the line of cars so you won't be struck if someone opens their door unexpectedly. 2. Turning Cars Another common cause of injury is the turning vehicle. It's not unusual for a vehicle to overtake a bicycle that is moving slower and then attempt to make a turn in front of the cyclist. Always look over your shoulders as you come to intersections, exit ramps, driveways and alleys. 3. Passing Pedestrians If you have a need to pass a pedestrian, pass behind them. In other words, don't cut them off. Use your words and let a pedestrian know that you are passing on the right or passing... --- - Published: 2018-01-09 - Modified: 2024-05-21 - URL: https://www.ernstlawgroup.com/blog/marijuana-now-legal-california-whats-mean-car-accidents/ - Categories: Car Accidents, In The News, Personal Injury People often relate impaired driving with alcohol. We hear of the dangers of drunk driving almost daily if we are connected to the virtual world. Marijuana has also been in the headlines with regularity and, as of January 1, it is now legal in California. What does that mean for traffic accidents? It's a great debate in many circles. What is more dangerous as far as driving is concerned? Here are both sides. Behind the Wheel Most people in the know agree that driving while high is safer than driving while drunk. That said, driving while under the influence of any drug is considered dangerous. Studies have shown that a person who has recently smoked marijuana is more likely to be involved in a car accident than someone who is sober. The odds of being in a car accident while high on marijuana are increased by 83 percent. For some, 83 percent seems incredibly high. When compared to your odds of being involved in an accident while drunk, the percentage is actually low. If you drink and get behind the wheel, studies show that you are at an incredibly increased chance of being involved in a car accident. Your risk increases by 2,200 percent. People who are under the influence of both alcohol and marijuana have an even greater chance of being involved in a car accident. The takeaway? It's not a good idea to get behind the wheel if you aren't stone sober. No matter what you have ingested,... --- - Published: 2018-01-05 - Modified: 2024-05-23 - URL: https://www.ernstlawgroup.com/blog/osha-cites-increased-workplace-fatalities/ - Categories: In The News, Personal Injury, Work Injury, Wrongful Death According to recent reports from the Bureau of Labor Statistics’ Census of 2016 Fatal Occupational Injuries, 2016 saw a 7% increase in workplace fatalities from 2015, with 5,190 workers killed on the job. This tragic uptick in deaths can partially be accounted for by the rise in drug-related fatalities, which have increased by 25% or more annually since 2012. The opioid crisis has become a workplace issue according to the Department of Labor, as opioid related workplace deaths continue to rise. There was a 32% increase in overdoses from non-medical drugs in 2016 alone. The main cause of workplace death in 2016 was transportation accidents, accounting for 25% of fatalities. The second highest cause was workplace violence injuries, which increased by 23% from 2015. With the breakdown meaning that every day nearly 14 workers were killed on the job, OSHA hopes to broaden their impact. Industries where OSHA and MSHA resources were present, fatality rates stabilized or declined. Unfortunately, with declining budgets and fewer resources, it is unclear how much of an impact they will be able to have. It is imperative that all employers have ample policies and training to ensure the safety of their workers in order for workplace fatality rate to decrease. Good leadership is essential to avoid safety hazards in a work environment. If you have an workplace injury or related issue in the San Luis Obispo area and need the assistance of OSHA, reach out to our attorneys today for a free case evaluation. We... --- - Published: 2018-01-02 - Modified: 2018-01-02 - URL: https://www.ernstlawgroup.com/blog/trial-experience-important-personal-injury-attorneys/ - Categories: Personal Injury When you are injured in an accident, you may want to pursue legal action in order to recover the money spent on medical bills and repairing your damaged property. Many people believe that a lawyer must have trial experience in order to be "good. " The truth of that matter is that there are several factors that should be considered when hiring an attorney and trial experience is only one of them. All Trial Experience Is Not the Same The umbrella of personal injury is wide. Just because a lawyer has trial experience in a slip and fall case doesn't mean that the experience will lend anything to a mass civil action suit. An attorney who has taken a car accident to trial may not have any experience with on-the-job injuries. You've also got to look at whether or not the attorney was successful at trial. If the attorney has a losing track record, they are clearly missing something from the experience. If you are going to make trial experience a deciding factor, the attorney you are looking at should have more wins than losses. When Trial Experience May Not Matter The attorney you are looking at doesn't have much trial experience and it makes you nervous. Take a close look at why the attorney doesn't have the experience you are looking for. It could be that they are so good at negotiating that they haven't had to take a case, or very many, to trial. It may be that... --- - Published: 2017-12-20 - Modified: 2017-12-20 - URL: https://www.ernstlawgroup.com/blog/ptsd-reported-osha/ - Categories: Personal Injury, Work Injury, Worker's Compensation When a worker or an employer is considering whether or not they have to report an injury to OSHA, things can get confusing. It can be even more overwhelming when the illness or injury is not physical but mental. For the purposes of OSHA reporting, mental illnesses are not considered to be work-related unless that condition is post-traumatic stress disorder. For employers and employees alike, this means that something like stress would not be considered reportable. If, on the other hand, an employee suffers post-traumatic stress disorder as the result of an event that occurred at work, that condition should be reported to OSHA as a work-related injury. About PTSD On the Job Post-traumatic stress disorder is considered a mental illness. When a person experiences something that is overwhelming, stressful or frightening, they may develop the condition. It is more prevalent when the event that occurred was sudden and unexpected. The person who suffers with PTSD may have felt powerless to stop the situation or struggle with feelings of wishing they could have done more. In the workplace, an employee may ultimately suffer PTSD if they witness a co-worker become seriously injured, such as in a crushing incident. They may witness a death while on the job that causes them extreme emotional distress. When these things occur, PTSD is considered a work-related injury that is compensable. Some of the occupations that have the greatest incidence of PTSD are corrections officers, police, firefighters and other emergency personnel. People in the military... --- - Published: 2017-12-20 - Modified: 2025-04-30 - URL: https://www.ernstlawgroup.com/blog/what-are-punitive-damages/ - Categories: Personal Injury In most civil lawsuits for personal injury, the injured person’s damages are limited to economic damages (lost wages and medical expenses) and general damages (pain and suffering). The jury is usually not allowed to award punitive damages. Punitive damages are damages designed to punish the wrongdoer for extreme conduct. Punitive damages are also designed to deter similar conduct in the future. Punitive damages are not designed to compensate the injured person. When Should Punitive Damages Be Considered in a Personal Injury Case? So when is an injured person entitled to ask the jury to consider punitive damages? Punitive damages may be awarded when the defendant’s conduct that harmed the plaintiff is found by clear and convincing evidence to be malicious, oppressive or fraudulent. “Malice” means the defendant intended to cause injury. “Oppression” means that the defendant’s conduct was so despicable and subjected the plaintiff to cruel and unjust hardship in knowing disregard of the plaintiff’s rights. “Despicable conduct” is conduct that is so vile, base, or contemptible that it would be looked down on and despised by reasonable people. (California Civil Jury Instructions 3948)Cleary, what constitutes conduct that would subject a defendant to punitive damages is left up to the jury. This raises significant risk to a defendant when the plaintiff pleads punitive damages in his or her complaint. Much of this risk has to do with the fact that punitive damages are not covered by insurance. So, even if the defendant has insurance coverage for negligent conduct, if the... --- - Published: 2017-07-17 - Modified: 2024-05-21 - URL: https://www.ernstlawgroup.com/blog/owner-liability-dog-bite-cases/ - Categories: Dog Attack Injury, Personal Injury When you are bitten by a dog, you are understandably panicked. A dog attack is a frightening experience that often causes serious injury. Knowing what type of state you live in when it comes to dog bite liability can make a difference in the steps you take following treatment. In San Luis Obispo, dog owners are subject to strict liability. Other states adopt the one-bite rule. Here's more on the two types of liability. Regardless of the state's stand on dog bites and animal attacks, it's important for dog owners to remember that any dog can bite under the right circumstances. Strict Liability In states that follow the legal idea of strict liability, there are specific rules in place. A dog owner will be held liable in specific situations and events, regardless of their ability to prevent the bite from having occurred. The defendant may be liable if their dog bit someone and: The victim was legally permitted in or on the area where the attack occurred, and The victim did not provoke the dog. Under this legal concept, the owner of the dog does not have to know the history of the dog. Each case is considered unique. This means that if a person adopts a dog from a shelter and it bites someone the next day, the owner has no defense in saying that they were unaware the dog was aggressive or had a propensity to bite. One-Bite In states that have one-bite laws on the books, dogs... --- - Published: 2017-06-15 - Modified: 2017-06-15 - URL: https://www.ernstlawgroup.com/blog/types-cranes-construction-site/ - Categories: In The News, Personal Injury, Work Injury One crane is not right for every job. In today's construction industry, there are a variety of cranes available, each with its own duty. Choosing the right crane for the job at hand helps to ensure everyone's safety. Here is a brief explanation of the types of cranes that are available. All Terrain Crane This is a mobile crane that can move at the same speeds across rough ground as it can across smooth pavement. It has more wheels than a typical vehicle, and those wheels provide balance to the crane so it doesn't overturn. Aerial Crane Also known as sky cranes, these cranes look like helicopters. In fact, they are designed so similarly to helicopters that people often confuse them. They are used to reach targets that are too difficult to get to by land. Crawler Crane These cranes are what most people think of when they picture cranes in their mind. They do not have wheels. Instead, the crane is propelled by tracks, similar to what are seen on tanks. They have a high lifting capacity and can travel easily while carrying a load. They are used primarily to move heavy loads on a construction site. Floating Crane These cranes are used for bridge construction. They are also used when ships need to be loaded or unloaded. They can lift and carry up to 9,000 tons. In some of the most interesting cases, they have been used to bring sunken ships to the surface. Railroad Crane Cranes such... --- - Published: 2017-05-04 - Modified: 2024-12-19 - URL: https://www.ernstlawgroup.com/blog/liable-boating-accidents/ - Categories: Boating Accident, Personal Injury A boating accident can involve any type of watercraft. A person may be involved in an accident while waterskiing, wakeboarding or even tubing. Two boats may collide in the water. As the popularity of boating rises, these accidents are all too common. The incidents raise the question: who is liable for the injuries and property damage that result? Boating accidents typically occur because someone is not paying close enough attention or operating their watercraft in a way that could be considered reckless or dangerous. It is important to remember that a boat can weigh several thousand pounds, and it has enough force behind it to cause catastrophic damage. Boats should be operated with the same care on the water as a motor vehicle is on the road. Common Causes of Boating Accidents Inattention Operator inattention is one of the largest causes of boating accidents in California and elsewhere. It is important for any operator of a boat to remain vigilant at all times. Conditions on the water can be unpredictable. When an operator stays aware, they are alerted to hazards and changes in conditions more quickly. Inexperience A person should never operate a boat with which they are unfamiliar. Likewise, a person should not operate a boat without first taking safety classes. According to the U. S. Coast Guard, inexperience is one of the leading causes of accidents on the water. At a minimum, a person should be aware of the basics of their watercraft and navigation. Speed Just like... --- - Published: 2017-02-10 - Modified: 2017-02-10 - URL: https://www.ernstlawgroup.com/blog/liable-multi-car-pileup/ - Categories: Car Accidents, Personal Injury There are hundreds of accidents on California’s roads every day. Usually, there are simple fender benders or other minor accidents that are resolved relatively quickly. Fault is laid on one driver (or both), a police report is taken and insurance claims are filed. When multiple cars are involved, though, figuring out who is at fault for insurance claims and other reasons can feel nearly impossible. If you are involved in a multi-car pileup, the most important thing to remember is to stay calm and not apologize to anyone. Apologizing can be seen as an admission of guilt and, therefore, fault. Instead, gather the insurance information of everyone involved, gather information like photos and witness statements, give your police report of exactly what happened and wait for the investigation to be completed. To understand better how liability is assigned in multi-car accidents in California, read on. Where Fault Lies One of the most common types of multi-car accidents involve one car slamming into the back of a line of traffic. Greg’s SUV hits Johnny’s sedan, which is pushed into Kelly’s coupe, and so on. In these cases, Driver A would usually carry all of the fault. However, there are some instances where fault could partially be placed on each driver involved in a case like this. Most often, this is when the officer who responded to the accident reported that the other drivers did not leave enough space between their cars and the car in front of them. There are some... --- - Published: 2016-11-17 - Modified: 2025-06-04 - URL: https://www.ernstlawgroup.com/blog/liable-drug-overdose/ - Categories: In The News, Medical Malpractice, Personal Injury, Product Liability Over the past year, there have been hundreds of news articles explaining that America is currently in the worst heroin epidemic in our nation’s history. From 2012 to 2013, heroin overdose deaths rose by nearly 40 percent. More recently, a new strain of heroin mixed with carfentanil --- a. k. a. elephant tranquilizer --- has hit the streets. One county in Ohio alone saw 35 overdoses, including six deaths, in just a three-day span. While the effects of heroin, with or without carfentanil, are devastating, the sad truth is that most people don’t just decide one day to start using the drug. It’s estimated that about 75 percent of all heroin users first got addicted to prescription opioids, which are painkillers. They may have been given the prescription after a surgery or an injury, or maybe were given one by a friend at a party once. Regardless, when that supply ran dry, or when the body stopped feeling the effects as much, that person turned to heroin to get their fix. The federal government is taking a stand and spending hundreds of millions of dollars to eradicate this epidemic, but families are looking for immediate answers --- sometimes in the form of lawsuits. Why Prescription Drugs Are Addictive Most people learned about the dangers of drugs like opioids and heroin in elementary and middle school (remember D. A. R. E. ? ). These drugs are easy to overdose on, and withdrawals can be just as deadly. Opioids work because they... --- - Published: 2016-08-14 - Modified: 2025-04-16 - URL: https://www.ernstlawgroup.com/blog/body-affected-car-crash/ - Categories: Brain Injury, Car Accidents, Catastrophic Injury, Personal Injury, Spinal Cord Injury There you are, driving down the 101, rockin’ out with your windows down. Just like every day, traffic in front of you has slowed to a crawl, so you slow down, too. Unfortunately, the driver behind you is on their phone and not paying attention. They hit their brakes, but it’s too late. Suddenly, they slam into the rear of your car, causing airbags to deploy and your head and neck to snap forward. This is an event that happens many times a day throughout the state of California. Car crashes range from fender benders to T-bone accidents to even flipped vehicles. But even the most minor accident can leave you with more than just bumps and bruises. Here’s how car accidents affect your body, and what kind of injuries you need to look out for. The Simple Physics of It All The way your body is affected by a car crash comes down to one simple fact: Your body is soft, and cars are hard. Cars are designed to withstand impact. The metal bodies and crumple zones ensure it doesn’t simply come apart during a wreck. Your body, however, is made of soft flesh and breakable bones. In fact, you would have to become something of a monster in order to withstand the impact of a car crash. Nearly half of all wrecks involve at least two cars. In one of the most severe kinds of crashes, a head-on collision, hitting a car traveling 40 miles per hour while... --- - Published: 2016-07-31 - Modified: 2025-01-06 - URL: https://www.ernstlawgroup.com/blog/dangerous-roads-california/ - Categories: Car Accidents, In The News, Personal Injury California is one of the biggest and most populated states in America. With about 29 million cars on our roads, accidents are bound to happen. In fact, more than 3,000 people were killed on our roads in 2014. Though accidents can occur anywhere, some roads are simply more dangerous than others. Some see heavy traffic every day, while others have dangerous intersections and curves that catch drivers off-guard. Here are the most dangerous roads in California. Kaiser Pass Road Stretching between Hot Springs to Huntington, “Death Row” is positioned right next to steep canyons that can cause even the safest drivers to get dizzy and possibly go over a cliff. This narrow road forces drivers to merge with speedsters coming from Southern California, who aren’t keen on driving slowly. And when weather hits, the dangers are magnified. I-15 If you plan on heading to Las Vegas, you’ll probably take Interstate 15. This highway, right outside of Riverside, is one of the most well-traveled in the country. Blind turns combined with highway speeds result in several accidents every single day. In addition, when traffic builds up, the noise can be infuriating. With motorcycles and small cars constantly zipping in and out of traffic, plus semi-trucks dominating the road, it’s vital to be extra-careful when you drive down I-15. I-8 Located just outside of San Diego, Interstate 8 is considered the 12th most dangerous highway in America. Terrible road conditions make it a nightmare to travel. Uneven lanes plague the highway, which... --- - Published: 2016-03-02 - Modified: 2024-12-19 - URL: https://www.ernstlawgroup.com/blog/know-five-critical-motorcycle-laws-california-ride-safe-ride-legal/ - Categories: Motorcycle Accident, Personal Injury Being a motorcycle owner is all about feeling like there are no limits and no rules. In the end, it is just you, two wheels and the open road. Unfortunately, not everyone is willing to grant you this level of freedom. Some people may be negligent and crash into you unless you have the needed safety precautions, causing serious motorcycle accident injuries. Others will scoff and feel indignant for your desire to have a good time, reporting your behavior to the local authorities in an effort to control you. These two types of people are responsible for the majority of motorcycle laws in California. While respectful, self-minding individuals merely wish to enjoy their vehicles as they see fit, legislatures and courts nevertheless felt it necessary to impose laws and restrictions on motorcycle use. Stay informed of these laws to protect yourself from prosecution or, worse, some absent-minded Sunday driver who could put your life in danger. 1. Helmet Laws in California Currently, California requires that all riders operating motor vehicles on public roads must have a safety helmet “as required by subdivision,” which means local laws determine the specifics. Usually, a DOT-certified helmet is the standard needed. Being pulled over while riding without a helmet can result in anything from a $10 fee to a $250 fee and one year’s probation, depending on who is holding the citation pad. 2. Motorcycle Handlebar Height Requirements in California Elevated handlebars that sit high above the rider’s head, known to some as “Ape... --- - Published: 2015-07-27 - Modified: 2025-04-16 - URL: https://www.ernstlawgroup.com/blog/underground-electrical-wire-injuries/ - Categories: In The News, Personal Injury, Work Injury On the morning of June 6, 2015 in Santa Maria, California, two local men were performing work on an underground water pump connected to a well. According to authorities, the workers’ equipment contacted a live electrical wire buried in the ground. One of the men was electrocuted and was pronounced dead at the scene. The other man suffered severe burns to his hands and feet, and was transported by ambulance to a local hospital. This tragedy is typical of the injuries caused by contact with underground electrical wires. Many experts predict that such injuries will occur more frequently in the future, given the current trend favoring underground utility lines in modern residential housing developments. Buried electrical wires create hazards for construction workers, electricians, utility company employees, farmers, landscapers, equipment operators, trenchers, excavators, and property owners. Electrical Shock Injury Facts According to the U. S. National Institute for Occupational Health and Safety (NIOSH): Between 1992 and 2002, 3,378 American workers were killed on the job due to electrocution, representing 4. 7% of all occupational deaths. Contact with buried underground power lines caused 1% of those fatalities. In the same time period, 46,598 American workers suffered non-fatal electrical injuries. Electrocutions were the 4th leading cause of death among construction workers in the U. S. Electrical shocks as low as 5 volts can cause cardiac arrest. Electrical Shock Injuries Apart from electrocution (death by electrical contact), electrical shocks can also cause: Heart attacks Seizures Nerve damage Severe burns to skin, muscles and tissue... --- --- ## FAQS - Published: 2025-09-29 - Modified: 2025-09-29 - URL: https://www.ernstlawgroup.com/car-accident-faqs/who-pays-for-a-rental-car-after-an-accident/ - FAQ Type: Car Accident Traffic in California is heavy, especially in major cities like Los Angeles, San Francisco, and San Diego. According to recent data from the California Highway Patrol and the Los Angeles Police Department, there are approximately 137 car accidents every day within Los Angeles city limits alone. Across California, thousands of collisions occur each week, creating ongoing risks for drivers statewide. A car accident can happen without warning and add financial and emotional stress to your life. One immediate concern many Californians face after a crash is how to get around while their vehicle is being repaired. A common question for drivers in California is who pays for your rental car after an accident. Who Pays for a Rental Car if the Other Driver is At Fault California is an at-fault state. The driver who caused the accident or their insurance is responsible for damages, including the cost of your rental car while your vehicle is being repaired. If the other driver is at fault, their insurance should cover the rental car. The rental car should be comparable to your own vehicle. After you file a claim and the insurance company approves it, they will either reimburse you or pay the rental company directly. If the other driver’s insurance disputes fault or delays payment, you may need to use your own insurance if you have rental reimbursement coverage or pay out of pocket while seeking reimbursement once liability is established. You may also consider pursuing a diminished value claim, which is... --- - Published: 2025-09-26 - Modified: 2025-09-26 - URL: https://www.ernstlawgroup.com/personal-injury-faqs/can-a-brain-injury-cause-depression/ - FAQ Type: Personal Injury Confusion and memory loss, personality changes, and the onset of post-traumatic stress disorder (PTSD) and anxiety are some of the most common mental health issues after suffering a traumatic brain injury (TBI). In addition, people who experienced a moderate to severe TBI have a 56% chance of developing depression due to the damaged brain tissue. The rates of depression increase with subsequent brain injuries, but even one incidence of severe blunt force head trauma is enough to trigger the onset of depression. If you suffered head trauma in a negligence-based accident and have since been diagnosed with major depressive disorder, you may be eligible for a large settlement. Our California traumatic brain injury lawyer can help you understand your rights after an injury. Risks of depression after traumatic brain injury After a TBI, a common type of brain injury, it’s critical to understand the risks of developing depression and the symptoms, so you can seek treatment early on and get the best chance of recovery. Adults who have no history of depression and are otherwise healthy have about a 10% higher risk of developing depression immediately following a head injury; the risk increases to 40% at the one-year mark. People who have a history of major depression prior to suffering a TBI, but who were not depressed at the time of the injury have a 20% risk of depression immediately following the injury (the acute phase); their risk of developing depression in the year following the injury increases to 60%,... --- - Published: 2025-09-15 - Modified: 2025-09-17 - URL: https://www.ernstlawgroup.com/personal-injury-faqs/what-are-the-four-elements-of-negligence/ - FAQ Type: Personal Injury Duty of care, breach of duty, causation, and damages are the four key elements of the legal concept of negligence. These elements are the foundation of most personal injury cases. To recover compensation, the plaintiff has to prove that all four elements were present in their situation. If you were injured in an accident caused by someone else’s carelessness, you may be entitled to compensation through a negligence claim. A San Luis Obispo personal injury lawyer can help you understand your rights and what it takes to prove negligence. Breaking down the elements of negligence in a personal injury claim To win a personal injury case, your lawyer must establish that all four elements of negligence were present in your situation. Duty of care Duty of care is the legal obligation for one person to act with a certain standard of responsibility for the safety of others. Whether the defendant owed a duty of care toward the plaintiff depends on the relationship between the two. For example, a physician has a legal duty to provide a specific level of medical care for a patient, including running the proper tests to accurately diagnose a patient and avoiding performing surgery on the wrong part of the body. A driver has a duty of care for others on the road; by having a driver’s license, they implicitly agree to follow all traffic laws and drive defensively to avoid an accident. Breach of duty of care A breach of duty of care occurs when... --- - Published: 2025-09-03 - Modified: 2025-09-03 - URL: https://www.ernstlawgroup.com/brain-injury-faqs/can-ct-scan-show-old-brain-injury/ - FAQ Type: Brain Injury A CT scan can sometimes reveal signs of an old brain injury, depending on the type of damage sustained and how the brain tissue has healed. The traumatic brain injury (TBI) may not have been recognized or properly diagnosed and treated when the head trauma initially occurred.   The team at Ernst Law Group understands the devastating effects brain damage can have on victims and the families who care for them. A California traumatic brain injury lawyer is here to offer support and help you find a path to justice when someone else’s negligence caused your injury and suffering. What are brain injuries? A traumatic brain injury can result from a blow to the head or a body jolt that causes the brain to move back and forth within the skull. This motion can bruise or otherwise injure brain tissue. It can damage blood vessels, leading to brain bleeds. These blows can also cause skull fractures that can harm tissue beneath the skull. TBIs range from mild to severe. A mild traumatic brain injury may include a minor concussion that may or may not involve a brief loss of consciousness, but is not life-threatening and usually heals with time and rest. Still, some victims experience post-concussion syndrome and long-term symptoms when not properly diagnosed and treated. Previous concussions or head injuries increase your risk of complications. Moderate and severe TBIs involve longer periods of unconsciousness and involve more severe damage to brain function, often leaving victims with permanent physical, emotional,... --- - Published: 2025-08-28 - Modified: 2025-08-28 - URL: https://www.ernstlawgroup.com/personal-injury-faqs/how-to-increase-personal-injury-settlement/ - FAQ Type: Personal Injury If you were injured in an accident due to someone else's negligence, you have the right to file a personal injury lawsuit for damages you sustained, including economic damages, like bills from your medical treatment and property damage, and non-economic damages, like pain and suffering and your loss of enjoyment of life. While calculating your material losses is fairly straightforward, determining a fair value for your non-economic damages is more subjective. In California, the amount a plaintiff receives in their personal injury settlement for intangible losses is typically calculated as a factor of their total economic damages. So, to ensure you receive the maximum compensation available in your claim, it's crucial to have a strong, evidence-backed case and representation from our experienced San Luis Obispo personal injury lawyers. Here's how to increase your personal injury settlement value and likelihood of winning your case. Seek medical treatment Filing a personal injury claim is the legal route for an injured person to secure compensation for losses they incur due to someone else's negligence. If you didn't sustain financial loss, you don't have a basis for a claim. Medical bills are one of the biggest expenses in a personal injury claim. You’ll need to prove two things: that the accident caused your injuries and that you incurred expenses you wouldn’t have otherwise. This forms the foundation of your personal injury case. Getting post-accident medical care proves causality, and your medical records detail the extent of your injuries and treatment costs. Without medical records,... --- - Published: 2025-08-20 - Modified: 2025-08-21 - URL: https://www.ernstlawgroup.com/personal-injury-faqs/can-you-sue-a-personal-trainer-for-injury/ - FAQ Type: Personal Injury Working with a personal trainer should be a safe way to improve your health. When you suffer an injury because of a trainer’s negligence, you may be eligible for compensation through a personal injury case. A San Luis Obispo personal injury lawyer from Ernst Law Group can help you sue a personal trainer or their employer and fight to recover your losses so you can focus on healing. When you have grounds to sue a personal trainer for injury Personal trainers take on substantial responsibility when working with clients. Their role is to improve your strength, fitness, and endurance, but more importantly, to keep you safe and prevent activities that could cause harm. A trainer must consider your abilities and limitations when designing your program. If an injury resulted from unsafe practices or failure to adjust exercises to your needs, it could be classified as personal trainer negligence. Common personal trainer injuries include sprains, strains, fractures, or joint damage. Failure in any of these areas may qualify as personal trainer negligence in California, and you may have grounds to file a lawsuit. You may have grounds to sue a personal trainer’s employer Personal training sessions often take place in gyms or fitness centers, and the facility may share liability for your injuries. For example, you may have been hurt while using defective equipment or in a slip-and-fall accident caused by unsafe conditions. Facilities are also responsible for making sure their trainers are qualified and may be liable if they fail... --- - Published: 2025-08-07 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/test/ ignore --- - Published: 2025-07-17 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/brain-injury-faqs/what-is-storming-after-brain-injury/ - FAQ Type: Brain Injury Storming after a brain injury is a serious medical condition that can happen in patients with moderate to severe traumatic brain injury (TBI). Also called paroxysmal sympathetic hyperactivity (PSH), this condition involves sudden and repeated episodes of elevated heart rate, blood pressure, body temperature, and muscle contractions. These episodes can begin anywhere from a few hours to several days after the injury. If your loved one is experiencing storming symptoms after a TBI caused by a car crash or other trauma, you don’t have to navigate this alone. A San Luis Obispo brain injury lawyer can help you understand your legal options while your family focuses on healing. What causes storming after a brain injury? Storming occurs when the autonomic nervous system becomes dysregulated following a TBI. Normally, the autonomic nervous system balances between the sympathetic nervous system (SNS) and the parasympathetic nervous system, which control functions like heart rate, digestion, and body temperature. When storming starts, the body is stressed and essentially gets stuck in "fight or flight mode," with the sympathetic nervous system firing repeatedly and without warning. This leads to: Sudden spikes in heart rate Increased blood pressure Sweating and elevated body temperature Rigid or jerking muscles Rapid breathing Anxiety These episodes may be triggered by something as small as changing positions in bed, bright lights, loud sounds, or even someone speaking loudly instead of speaking softly. What are the signs of neurostorming? Signs of neurostorming may vary from patient to patient, but common symptoms include: High... --- - Published: 2025-07-10 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/brain-injury-faqs/can-whiplash-cause-a-brain-injury/ - FAQ Type: Brain Injury Yes, whiplash can sometimes cause a brain injury, especially after a major car accident. While whiplash is typically viewed as a neck injury, the sudden back-and-forth motion from a crash can also impact the brain and lead to neurological symptoms. If you’re experiencing ongoing effects of whiplash after a crash, it’s worth speaking to a San Luis Obispo brain injury lawyer at Ernst Law Group. We’re here to help you understand what’s happening and guide you toward recovery. How does whiplash lead to brain injury? When the body is affected by a car crash, one of the most common injuries is whiplash. It occurs when the head is suddenly jerked forward and backward, often during rear-end motor vehicle accidents. This motion can stretch and strain the soft tissues in the neck, including muscles, ligaments, and tendons. In more serious cases, the brain may be jolted inside the skull. This can cause a mild traumatic brain injury (TBI), like a concussion, even if you didn’t hit your head directly. Here’s how a head injury may result from whiplash: The rapid motion reduces blood flow to some regions of the brain It causes microscopic damage to neurons or brain structures There’s swelling or inflammation affecting the spinal cord or brainstem The injury affects cognitive functions like memory, balance, and concentration What are the symptoms of brain injury after whiplash? Many of the symptoms of whiplash and acquired brain injury are similar, which makes it important to monitor your health closely after a... --- - Published: 2025-07-03 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/personal-injury-faqs/will-a-personal-injury-settlement-affect-my-social-security-benefits/ - FAQ Type: Personal Injury Yes, a personal injury settlement can affect your eligibility for Supplemental Security Income (SSI) and Medicaid, which are based on income and assets. However, Social Security Disability Insurance (SSDI) is tied to your work history and disability, so receiving a lump sum may not impact those benefits. To avoid risking your SSI or Medicaid, it’s important to speak with an experienced San Luis Obispo personal injury lawyer who can help you protect your benefits. How does a personal injury award affect SSI benefits? The Social Security Administration (SSA) considers personal injury settlement funds to be an increase in your financial resources. If you receive the money in a lump sum, it will be considered an asset in the month you receive it and counted toward your financial eligibility for the program. However, as long as the money is spent or otherwise dispersed by the end of that month, your benefits should continue. If you’re using your settlement to pay outstanding medical bills or repair or replace damaged property, be sure to take care of those expenses right away. How do I preserve my Social Security benefits after receiving a personal injury settlement? Your settlement likely included compensation for lost wages, pain and suffering, and other losses beyond medical bills. This money can be a boon, especially if you fell behind on bills because you were out of work recovering from your injuries, or if you had to use credit cards to stay afloat while you were waiting for your personal... --- - Published: 2025-06-25 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/personal-injury-faqs/what-is-a-global-offer-personal-injury/ - FAQ Type: Personal Injury A global settlement resolves the claims of multiple plaintiffs in a class action or mass tort all at once. These are large-scale personal injury cases involving multiple people who were harmed by the same product or incident, like a defective drug. Because these claims are grouped together, any resolution is typically negotiated as a single, comprehensive agreement, often before the case ever even goes to trial. A global settlement occurs through negotiation between the attorneys representing the injured parties and the defendant’s legal team, which often includes the insurance company. Your San Luis Obispo personal injury lawyer will work to make sure your individual needs are still represented during this process. So, who gets what? There’s a lot that goes into divvying up a global settlement, so let’s take a closer look at the specifications of a global distribution. Benefits of a global settlement for your personal injury case A global settlement can be a faster and more efficient way to resolve a large class action or mass tort case. This is mainly helpful when injured people need the money quickly to cover medical bills or other urgent expenses. Instead of waiting years for a trial to conclude, a global settlement can bring the case to a close much sooner, sometimes in months rather than years. For example, product liability cases can take two years or more if they go to trial. Another benefit is predictability. Plaintiffs typically know how much compensation they’ll receive, which makes it easier to plan... --- - Published: 2025-06-18 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/truck-accident-faqs/what-trucking-company-has-the-most-accidents/ - FAQ Type: Truck Accident Reports from federal oversight groups show that trucking companies FedEx Ground and UPS Ground are involved in the most accidents every year. However, there are concerns for many other carriers in the trucking industry. When you’re in a smaller vehicle like a car, SUV, or pickup truck, it’s smart to understand what trucking company has the most accidents and what a California truck accident attorney from Ernst Law Group can do to help you following a crash.   Which truck companies have the most driver accidents in the United States? The Federal Motor Carrier Safety Administration (FMCSA) maintains the Safety and Fitness Electronic Records (SAFER) database to track large bus and truck accidents across the country. A search by company to find which has the most accidents yields the following information for the 24 months prior to June 2025: UPS: United Parcel Service has 127,000 drivers and 134,000 tractor-trailers in operation and was involved in 2,460 accidents, including 828 injuries and 73 deaths. FedEx Ground: With over 160,000 drivers and more than 100,000 vehicles on the roads, Federal Express Corporation reported 591 injury crashes and 35 fatalities. JB Hunt Transport: JB Hunt accounted for over 1,600 truck accidents in the two years before June 2025, causing 522 injuries and 54 deaths. Swift Transportation: This Arizona-based carrier with 11,000 drivers reported 885 accidents with 260 injury collisions and 35 deaths. Werner Enterprises: While it’s not the largest trucking company in our list, Werner still accounted for 223 injury wrecks and 21... --- - Published: 2025-06-10 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/brain-injury-faqs/can-you-fully-recover-from-traumatic-brain-injury/ - FAQ Type: Brain Injury Maybe, but recovery from a traumatic brain injury (TBI) often hinges on the severity of the injury and the quality of medical care you receive. Unlike other types of serious injuries, brain injury recovery is non-linear and unpredictable. The effects of even a mild TBI on one person may be vastly different than those suffered by another. Victims of head injuries caused by another party’s negligence, like motor vehicle accidents, premises liability accidents, or malicious acts, have the right to file a claim for compensation for their damages, including current and future medical care. Our California traumatic brain injury lawyer can advise you of your legal options. The healing process for brain cells and tissue With the right medical treatment and support, including occupational and physical therapy, plus plenty of rest, many people can recover from a TBI. Even people who have long-term effects from the head injury may show improvement with the right care. With the right TBI treatment and support, including occupational and physical therapy, plus plenty of rest, many people can recover from a TBI. Brain injury recovery differs from recovery from other types of tissue damage. Brain cells don’t regenerate as readily as other types of cells. Instead, your brain redevelops new neural connections via neuroplasticity. Think of the process like a detour around broken pavement; your brain creates alternative pathways to complete the same functions the damaged tissue did. That being said, while many people fully recover from mild traumatic brain injury, those who suffer... --- - Published: 2025-06-05 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/personal-injury-faqs/whats-a-personal-injury-release-form/ - FAQ Type: Personal Injury The final step in a personal injury case is signing a “release of all claims” form for the other party. Including this form or liability waiver is generally part of the settlement discussions between your attorney and the defendant or their insurance carrier. Although it may seem this form is only intended to benefit the defendant, your attorney with Ernst Law Group can help ensure that your rights are properly protected. The purpose of a personal injury release form The release of claims form seeks to guarantee that you won’t file another lawsuit against the defendant or seek additional damages from them related to the incident in question—you release them of their liability. The release is often drafted by the defendant’s insurance company and is written to protect its interests, not yours. It’s critical to have your own California personal injury attorney review any release that the other party wants you to sign. Your lawyer may revise the release so that the language is more neutral or add clauses that protect your interests, making it a mutually beneficial agreement. Components of the Personal Injury Release Form Each insurance carrier has its own general release form, which may be modified to fit the specific details and needs of each case. In general, most release forms contain the following provisions: The settlement amount and the terms upon which you will receive it (i. e. , a lump sum payable by a specific date or a structured settlement requiring the purchase of an... --- - Published: 2025-05-30 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/brain-injury-faqs/how-long-does-it-take-to-recover-from-a-traumatic-brain-injury/ - FAQ Type: Brain Injury Traumatic brain injuries (TBIs) range from mild concussions to severe, life-altering trauma—and recovery can vary just as widely. One of the most common questions we hear at Ernst Law Group is: How long does it take to recover from a traumatic brain injury? The answer depends on the severity of the injury, the treatment received, and the unique characteristics of the individual. Recovery may take weeks, months, or even years—and in some cases, symptoms can persist for life. Below, our California traumatic brain injury lawyers break down what you need to know about TBI recovery timelines, what factors influence them, and how California law protects your right to compensation if your injury was caused by someone else’s negligence. Understanding the stages of traumatic brain injury recovery 1. Mild TBI (e. g. , concussion) Recovery time: a few days to several weeks Most people with mild TBIs recover fully, especially with proper rest and care. Common symptoms include: Headaches Dizziness Fatigue Concentration issues Mood changes While symptoms usually resolve within weeks, some individuals experience post-concussion syndrome, where symptoms last for months or more. 2. Moderate TBI Recovery time: several months to more than a year Moderate brain injuries often involve loss of consciousness, memory loss, or signs of brain bleeding on imaging scans. Recovery typically includes: Hospitalization Physical therapy Cognitive rehabilitation Medication management Some individuals make near-full recoveries, while others are left with long-term impairments. 3. Severe TBI Recovery time: years or lifelong management Severe TBIs can result in coma, significant... --- - Published: 2025-05-26 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/personal-injury-faqs/can-child-support-be-taken-from-a-personal-injury-settlement/ - FAQ Type: Personal Injury If you’ve received a personal injury settlement in California and owe child support—or are in an active child support case—you may be wondering: Can child support be taken from my personal injury settlement? The short answer is yes, in many cases, a portion of your settlement may be subject to collection for past-due or ongoing child support. At Ernst Law Group, our San Luis Obispo personal injury lawyers help clients navigate the legal and financial implications of personal injury claims, including how settlements may be affected by family law obligations. Here’s what you need to know if you’re facing this situation in California. How child support and personal injury settlements intersect in California California courts treat child support as a priority legal obligation, and they have multiple mechanisms to ensure payments are made—including wage garnishment, tax refund interception, and liens on legal settlements. Under California Family Code § 17400, the state can enforce child support obligations by intercepting certain funds, including personal injury awards, if the parent has an outstanding support balance. Key point: Even if your settlement is intended to help you recover from an accident, a portion of it can be used to satisfy overdue child support payments, especially if the state has filed a lien. What part of a personal injury settlement can be used for child support? A personal injury settlement can include several types of compensation, including: Economic damages: Medical bills, lost wages, and property damage Non-economic damages: Pain and suffering, emotional distress Future damages:... --- - Published: 2025-05-22 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/truck-accident-faqs/how-do-truck-accident-claims-differ-from-car-accident-claims/ - FAQ Type: Truck Accident In California, both truck and car accidents can result in serious injuries and life-changing consequences—but truck accident claims are fundamentally different in scope, complexity, and legal process. If you’ve been injured in a collision with a commercial truck, it’s important to understand how these cases differ from standard car accidents and why you need a legal team with specific truck accident litigation experience. At Ernst Law Group, our California truck accident attorneys have helped countless injury victims recover the compensation they deserve after devastating truck crashes. Below, we break down what sets truck accident claims apart and what it means for your case. 1. Truck accidents cause more severe injuries and damages Commercial trucks can weigh up to 80,000 pounds when fully loaded. When a vehicle of this size collides with a standard passenger car, the results are often catastrophic. Victims may suffer: Traumatic brain injuries (TBIs) Spinal cord injuries and paralysis Multiple fractures Internal organ damage Fatal injuries These serious injuries often lead to extended hospital stays, long-term care, and permanent disability. As a result, truck accident claims typically involve higher damages and more complex medical documentation, especially when projecting future care needs and loss of earning capacity. 2. More parties may be liable in a truck accident case In a typical car accident, the only parties involved are the drivers and their insurance companies. Truck accident claims, however, often involve multiple liable parties, such as: The truck driver The trucking company (employer or contractor) The cargo loader A... --- - Published: 2025-05-15 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/brain-injury-faqs/what-is-cte-in-terms-of-brain-injury/ - FAQ Type: Brain Injury Chronic traumatic encephalopathy (CTE) is a progressive, degenerative brain disease caused by repeated blows to the head or repeated concussions. Over time, these impacts can cause a buildup of tau protein, which slowly kills brain cells and leads to serious cognitive, emotional, and physical impairments. At Ernst Law Group, we represent clients suffering from the long-term consequences of traumatic brain injuries (TBIs). One of the most serious and often misunderstood of these consequences is chronic traumatic encephalopathy, better known as CTE. But what is CTE in terms of a brain injury—and what can California victims and their families do if a preventable brain injury leads to this devastating condition? In this guide, our San Luis Obispo brain injury lawyers explore what CTE is, how it develops, how it’s diagnosed, and how California law may provide a path to justice for those affected. What are the main causes of CTE? The primary cause of CTE is repetitive head trauma, not necessarily a single, severe blow. These injuries can be: Concussions (even mild or undiagnosed) Subconcussive hits (blows that don’t cause symptoms but still injure the brain) Whiplash-related injuries where the brain is jarred without direct impact Unlike other TBIs, you don’t need to lose consciousness to develop CTE. Even repeated jarring impacts from contact sports or vehicle collisions can be enough. CTE is most commonly associated with: Contact sports (e. g. , football, boxing, hockey) Military veterans exposed to blast injuries Survivors of domestic violence or frequent falls Workers in high-risk... --- - Published: 2025-05-08 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/personal-injury-faqs/are-personal-injury-lawyers-subject-to-hipaa/ - FAQ Type: Personal Injury At Ernst Law Group, our San Luis Obispo personal injury lawyers take client confidentiality seriously—especially when it comes to sensitive medical information. If you've filed or are considering a personal injury claim in California, you may be wondering: Are personal injury lawyers subject to HIPAA? The answer is yes and no, depending on the context. In this guide, we’ll break down how HIPAA applies (and doesn’t apply) to attorneys, and how your legal team can access medical records without violating privacy laws—while still protecting your rights. What is HIPAA, and who must comply with it? The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a federal law that protects the confidentiality and security of your medical records. It applies primarily to: Healthcare providers (e. g. , hospitals, doctors, clinics) Health plans (e. g. , insurance companies) Healthcare clearinghouses Their business associates (third parties who perform services involving protected health information, or PHI) HIPAA is codified at 45 C. F. R. § 164. 500 et seq. Attorneys—including personal injury lawyers—are not "covered entities" under HIPAA by default. However, in some cases, lawyers may be considered business associates of a covered entity, depending on the services they provide and how they interact with medical data. When can a personal injury lawyer access your medical records? To pursue a personal injury case, your lawyer will need access to your medical records to document: The extent of your injuries Medical treatment and costs Long-term care or rehabilitation needs Evidence to support pain... --- - Published: 2025-04-25 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/truck-accident-faqs/what-is-discovery-in-truck-accident-cases/ - FAQ Type: Truck Accident The discovery phase of civil trials, including truck accident lawsuits, is a pre-trial process in which each side exchanges pertinent information about the case, such as the plaintiff’s medical records, witness statements, and other documents, like police accident reports or the truck driver's personnel records. There are specific rules for the discovery process in California; truck accident attorneys may get into legal trouble for hiding evidence. Don’t expect dramatic moments like you’d see on Law & Order, where one side reveals surprise evidence to win the day. Instead, discovery is a vital part of building a strong case. Our California truck accident attorneys view discovery as a vital means to gather evidence to help bolster our case. Although each claim has unique characteristics, you can expect the discovery process to unfold much like this: Legally speaking, what is discovery in truck accident cases? The California Code of Civil Procedure defines discovery as the right of each of the parties involved to obtain “discovery” of all relevant matters in the pending action, including matters that could reasonably lead to the discovery of admissible evidence. Discovery applies to both the defense and the claim of the respective parties in the action. It may include the identity and location of persons with knowledge of the matter and tangible information regarding the discoverable matter. Essentially, discovery is the case's who, what, and where. The plaintiff's and defendant’s legal teams gather and exchange evidence so that each side understands what information can and will be... --- - Published: 2025-04-11 - Modified: 2025-09-29 - URL: https://www.ernstlawgroup.com/brain-injury-faqs/what-is-a-brain-stem-injury/ - FAQ Type: Brain Injury A brainstem injury is a serious type of traumatic brain injury that affects the brainstem, the area of the brain responsible for vital functions such as breathing, heart rate, and consciousness. These injuries can have devastating consequences, often resulting in significant neurological impairments or even death. At Ernst Law Group, we are committed to providing comprehensive information and legal support to individuals and families affected by brainstem injuries. Keep reading for more information, then call our San Luis Obispo brain injury lawyers at (805) 541-0300. Understanding brainstem injury The brainstem is located at the base of the brain and connects the brain to the spinal cord. It consists of three main parts: the midbrain, pons, and medulla oblongata. Each part plays a critical role in regulating essential bodily functions. Causes of brainstem injury Brainstem injuries can result from various incidents, including: Traumatic accidents – Car crashes, falls, sports injuries, and other traumatic events can cause direct or indirect damage to the brainstem. Strokes – A stroke in the brainstem can lead to severe impairments due to interrupted blood flow and oxygen supply. Tumors – Growths in or near the brainstem can exert pressure and cause injury. Infections – Severe infections, such as meningitis or encephalitis, can damage brainstem tissues. Symptoms of brainstem injury A brainstem injury can manifest through various symptoms, depending on the severity and specific location of the damage. Common symptoms include: Loss of consciousness – Severe injuries can lead to coma or a persistent vegetative state. Respiratory... --- - Published: 2025-04-09 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/truck-accident-faqs/how-often-do-truck-drivers-get-into-accidents/ - FAQ Type: Truck Accident Although we depend on tractor-trailers to get the things we need, there’s no denying that these oversized vehicles are also dangerous. Truck crashes account for a disproportionate number of catastrophic injuries for traffic collision victims; weighing 80,000 pounds fully loaded, these oversized vehicles do a lot of damage. How does California compare to the rest of the nation when it comes to semi-truck safety? Our California truck accident attorneys analyze facts and figures to see how the Golden State stacks up. Shocking statistics demonstrating the dangers of commercial truck accidents Figures from the Institute for Safe Trucking indicate that California has the second-highest rate for fatal truck accidents in the country. In a recent year, there were a total of 5,788 commercial vehicle accident fatalities in the U. S. ; 437 of those fatal accidents were in California, or 8% of the total. The Institute for Safe Trucking notes that truck accident deaths in California increased by 67% over the span of a decade, indicating that the chances of getting into a fatal crash grow with each passing year. Data from the National Highway Transportation Safety Administration (NHSTA) supports this conclusion. From 2021 to 2022, traffic fatalities in California increased by 7. 6%. And, in 2021, 416 out of the 6,114 vehicles involved in fatal collisions were semi-trucks. Additionally, data from the NHSTA noted that large trucks had a higher percentage (21%) of prior recorded accidents than other vehicles, including passenger cars (18%) and motorcycles (19%). Finally, three percent of... --- - Published: 2025-04-01 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/brain-injury-faqs/can-a-brain-injury-affect-you-years-later/ - FAQ Type: Brain Injury Yes, many people who suffered a traumatic brain injury (TBI) may suffer long-term effects, or develop complications later in life, sometimes even a decade or longer after their acute injury. Foggy thinking and difficulty concentrating, anxiety and depression, trouble sleeping, or even personality changes can develop long after you think you’ve recovered from your head injury. This collection of symptoms is referred to as post-concussion syndrome; even people who suffer mild concussions may experience it. Have you suffered a TBI due to someone else’s negligence? You may be eligible for compensation for future medical needs, in addition to the compensation you received for your past and current damages. An experienced California traumatic brain injury lawyer can help you secure the money you need to address complications from a TBI. Brain trauma increases the risk of cognitive decline... Over 23 million adults in the U. S. aged 40 and older have suffered a head injury that caused loss of consciousness. Even a few minutes of unconsciousness can dramatically increase the risk of brain damage. And, the chances of serious brain damage increase with re-injury; people who have suffered one head injury, even a minor one, have a much higher chance of brain damage if they experience a second one. Brain damage from a head injury doesn’t always present serious symptoms immediately. Sometimes, the victim may show little damage initially, only to develop complications years later... . Even in minor injuries According to research conducted by the Perelman School of Medicine at... --- - Published: 2025-03-19 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/brain-injury-faqs/is-traumatic-brain-injury-a-disability/ - FAQ Type: Brain Injury A TBI can be considered a disability if it significantly limits cognitive, physical, or emotional functions. Under California law, TBIs may qualify as disabilities under FEHA, ADA, and Social Security regulations. If a TBI prevents you from working or performing daily tasks, you may be eligible for compensation or disability benefits.   At Ernst Law Group, our California traumatic brain injury lawyers advocate for victims, ensuring they receive the legal and financial support they deserve. Contact us today to discuss your case and secure the support you deserve. When is a traumatic brain injury considered a disability? A TBI qualifies as a disability when it substantially limits a person’s ability to perform major life activities, such as working, communicating, or caring for oneself. The impact of a TBI varies depending on the severity of the injury and the affected brain functions. Types of TBIs and their impact Mild TBI (Concussion) – Temporary symptoms include headaches, dizziness, and difficulty concentrating. Often not considered a disability unless symptoms persist (post-concussion syndrome). Moderate TBI – Can lead to long-term impairments in memory, speech, or motor function. May qualify as a disability if it affects daily life. Severe TBI – Often results in permanent cognitive or physical disabilities, requiring ongoing medical care, rehabilitation, and assistive devices. According to the Centers for Disease Control and Prevention (CDC), approximately 60% of people with moderate to severe TBIs experience long-term disability. Legal definitions of disability in California 1. California Fair Employment and Housing Act (FEHA) Under California... --- - Published: 2025-03-14 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/personal-injury-faqs/are-personal-injury-settlements-considered-marital-property/ - FAQ Type: Personal Injury In California, whether a personal injury settlement is marital property depends on when the injury occurred, how the settlement funds were allocated, and whether they were commingled with joint assets. At Ernst Law Group, our California personal injury lawyers understand that dividing assets in a divorce can be complex, especially when personal injury compensation is involved. This guide explains how California law treats personal injury settlements and when they may be considered community property. California’s community property law and personal injury settlements California is a community property state, meaning that most assets acquired during a marriage are considered joint property and must be equally divided in a divorce. However, personal injury settlements are treated differently depending on when the injury occurred and how the funds are classified. When is a personal Injury settlement considered separate property? Under California Family Code Section 781, if a personal injury settlement is awarded for an injury that occurred before the marriage or after separation, it is generally considered separate property and belongs solely to the injured spouse. Example: If you were injured in a car accident before getting married, any settlement funds received during the marriage would remain your separate property. If you suffered an injury after filing for divorce, any compensation awarded would not be subject to division in the divorce. When is a personal injury settlement considered community property? If the injury occurred during the marriage, California law generally considers some or all of the settlement community property, meaning it may be... --- - Published: 2025-03-12 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/personal-injury-faqs/what-is-a-demand-letter-in-personal-injury/ - FAQ Type: Personal Injury A demand letter is a formal request for compensation sent to the at-fault party’s insurance company in a personal injury case. It outlines the accident details, injuries, medical expenses, lost wages, pain and suffering, and a specific dollar amount demanded for settlement. If negotiations fail, the next step may be filing a personal injury lawsuit under California law. A well-crafted demand letter can help secure a fair settlement before litigation. If negotiations fail, our experienced California personal injury lawyers can take further legal action to protect your rights. The purpose of a demand letter in a personal injury case A demand letter serves several key functions in a personal injury claim: Initiates the settlement process – It formally notifies the at-fault party and their insurance company that you seek compensation. Presents your case clearly – It summarizes how the accident occurred, who is responsible, and the damages you have suffered. Provides evidence of liability – It includes medical records, bills, lost wage documentation, and other proof of damages. Encourages settlement – A strong demand letter can persuade the insurance company to settle out of court, avoiding a lengthy trial. California law does not require a demand letter before filing a lawsuit, but it is a common and effective step in personal injury claims. What should be included in a demand letter? A well-prepared demand letter is essential in a California personal injury case, outlining the details of the accident, injuries, and financial losses while demanding fair compensation. It should include:... --- - Published: 2025-03-07 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/personal-injury-faqs/can-illegal-immigrants-sue-for-personal-injury/ - FAQ Type: Personal Injury California law protects all individuals—regardless of immigration status—regarding personal injury claims. This means that if you were injured in a car accident, workplace incident, slip-and-fall, or any other accident caused by negligence, you have the right to seek compensation just like any other resident. At Ernst Law Group, our California personal injury lawyers believe that justice should be accessible to everyone, regardless of immigration status. This guide will explain your rights, legal protections, and options if you are an undocumented immigrant seeking compensation for a personal injury. What California law says about suing for damages as an undocumented immigrant Under California law, your immigration status does not impact your right to sue for damages after suffering an injury. California Civil Code Section 3339 explicitly states that: “All protections, rights, and remedies available under state law... are available to all individuals regardless of immigration status. ” This means that undocumented immigrants have the same legal rights as U. S. citizens when it comes to personal injury claims, workers’ compensation, and wrongful death lawsuits. (H2) Compensation available to undocumented immigrants in personal injury cases Undocumented immigrants injured due to someone else’s negligence are entitled to seek compensation, including: Medical expenses – Covers emergency care, hospital stays, rehabilitation, and necessary medications. Lost wages & future earnings – Under California Labor Code Section 1171. 5, undocumented workers have the same rights as legal workers to recover wages lost due to injury. Pain and suffering – Compensation for physical pain, emotional distress, and diminished quality... --- - Published: 2025-03-05 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/personal-injury-faqs/what-is-an-attractive-nuisance-in-california/ - FAQ Type: Personal Injury Children’s natural curiosity may lead them onto neighboring properties, drawn to attractive features like trampolines or swimming pools. However, without supervision or safety measures, this curiosity can result in serious accidents, such as falls or drowning. California property owners must take reasonable steps to secure “attractive nuisances” that could attract and injure children. The California personal injury lawyers at Ernst Law Group advocate for injury victims, including children harmed by dangerous property conditions. This guide explores the attractive nuisance doctrine, how it applies in California premises liability cases, and what steps property owners should take to prevent harm. What is the attractive nuisance doctrine? The attractive nuisance doctrine is a legal principle that holds property owners liable for injuries to children who trespass onto their land due to an enticing but dangerous condition. The doctrine generally applies to artificial conditions on a property that entice children and pose a serious risk of harm, such as swimming pools, construction sites, or abandoned vehicles. The law recognizes that children may not fully understand risks, so property owners have a heightened duty to protect them from harm. Although California does not strictly follow the traditional attractive nuisance doctrine, courts still evaluate foreseeability and negligence when determining liability. Property owners can be held responsible if they fail to take reasonable steps to secure dangerous conditions that could attract children. Common examples of attractive nuisances Although California law does not explicitly use the term “attractive nuisance,” courts have held property owners accountable for failing to... --- - Published: 2025-01-23 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/brain-injury-faqs/can-traumatic-brain-injury-cause-psychiatric-disorders/ - FAQ Type: Brain Injury One of the most significant and often overlooked effects of a TBI is the development of psychiatric disorders. Research and clinical evidence show a clear connection, with TBIs often triggering or exacerbating conditions such as depression, anxiety, and post-traumatic stress disorder (PTSD). At Ernst Law Group, our California brain injury lawyers understand the complexities of TBI cases and the devastating impact psychiatric disorders can have on victims and their families. This guide explores the link between TBIs and psychiatric disorders, common conditions resulting from brain injuries, and legal options for seeking compensation. Understanding the connection: Can traumatic brain injury cause psychiatric disorders? Traumatic brain injuries occur when a sudden impact or jolt disrupts normal brain function. While physical symptoms such as headaches and dizziness are common, TBIs also disrupt the brain’s chemical balance, neural pathways, and overall structure, which can lead to significant mental health challenges. Why do TBIs cause psychiatric disorders? Structural damage: Damage to the frontal and temporal lobes can affect emotion regulation, decision-making, and behavior, increasing the risk of psychiatric conditions. Neurochemical changes: TBIs often disrupt the balance of neurotransmitters, which are critical for mood regulation and cognitive function. Emotional response to injury: The psychological impact of dealing with a life-altering injury can contribute to the development of psychiatric disorders. Common psychiatric disorders linked to TBIs Traumatic brain injuries (TBIs) are often associated with several psychiatric disorders that can develop shortly after the injury or emerge over time: Depression: Up to 50% of TBI victims experience depression,... --- - Published: 2024-12-31 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/brain-injury-faqs/can-you-sue-beyond-workers-compensation-for-a-brain-injury/ - FAQ Type: Brain Injury In most cases, workplace injuries are covered by workers’ compensation, which provides benefits for medical expenses and lost wages regardless of fault. However, you may wonder if you can pursue additional legal action beyond workers’ compensation in cases of negligence or misconduct. The answer is yes—under certain circumstances, you may file a workers’ compensation claim and pursue a third-party lawsuit for further damages. At Ernst Law Group, our California brain injury lawyers are dedicated to helping brain injury victims explore all available avenues for compensation. Our outlines when you can sue beyond workers’ comp, the types of claims you can pursue, and the legal process under California law. Understanding workers’ compensation for brain injuries Workers’ compensation is a no-fault system designed to financially support employees injured on the job. It covers: Medical expenses: Including hospital stays, surgeries, rehabilitation, and ongoing treatment. Temporary disability benefits: Compensation for lost wages while recovering from the injury. Permanent disability benefits: For injuries that result in lasting impairments, including traumatic brain injuries (TBIs). While workers’ comp benefits are essential, they often fall short in covering the full range of damages, such as pain and suffering or loss of quality of life. This is where third-party claims may come into play. When can you sue beyond workers’ comp? In California, you generally cannot sue your employer directly for workplace injuries due to workers’ compensation’s exclusivity rule. However, there are exceptions and circumstances where you may pursue additional legal action. Third-party liability If a third party’s negligence... --- - Published: 2024-12-30 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/brain-injury-faqs/mild-traumatic-brain-injury-vs-concussion/ - FAQ Type: Brain Injury When discussing mild traumatic brain injury vs concussion, many people wonder whether the terms are interchangeable. The answer is yes—a concussion is a type of mild traumatic brain injury (mTBI). However, not all concussions are identical, and their effects can vary widely depending on the severity and circumstances of the injury. Both conditions require proper diagnosis and care, as even a "mild" brain injury can lead to significant consequences if untreated. At Ernst Law Group, our California brain injury lawyers recognize the challenges individuals face after brain injuries and are dedicated to helping victims secure the compensation they need to recover. This article explores the differences and overlaps between concussions and mild TBIs, as well as the potential complications they can cause. Understanding mild traumatic brain injury vs concussion A mild traumatic brain injury (mTBI) refers to a disruption in brain function caused by an external force, such as a blow or jolt to the head. This disruption is often temporary but can cause many symptoms affecting physical, cognitive, and emotional health. A concussion is a specific type of mTBI. It occurs when a head injury causes the brain to move rapidly within the skull, leading to changes in brain function. Concussions are typically categorized as "mild" because they are not usually life-threatening, but their effects can still be serious. Key similarities: Both result from external forces (e. g. , falls, car accidents, or sports injuries). Both can cause similar symptoms, including headaches, dizziness, confusion, memory loss, and fatigue. Key... --- - Published: 2024-12-05 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/brain-injury-faqs/what-is-second-impact-syndrome/ - FAQ Type: Brain Injury Second impact syndrome (SIS) is a rare but devastating condition that occurs when a person sustains a second concussion before fully recovering from a previous one. This second blow to the head, even if minor, can lead to rapid and severe brain swelling, often resulting in permanent brain damage or death. At Ernst Law Group, we are committed to educating the public about this serious condition and helping victims seek justice when negligence plays a role. Keep reading to learn the causes, symptoms, and prevention of second impact syndrome. If you or a loved one suffered a brain injury due to someone else’s negligence, call our San Luis Obispo brain injury lawyers at (805) 541-0300. Causes of second impact syndrome Second impact syndrome occurs when the brain has not fully healed from an initial concussion. If a second impact occurs during this vulnerable period, the brain loses its ability to regulate blood flow, leading to uncontrolled swelling. This rapid increase in intracranial pressure can damage brain tissue, disrupt essential brain functions, and cause catastrophic consequences. Common scenarios leading to SIS: Returning to sports too soon: Athletes who resume playing before their first concussion has fully healed are at high risk. Lack of awareness: Individuals may not realize they have a concussion, especially if symptoms are mild or delayed, increasing the risk of a second injury. Inadequate monitoring: Coaches, trainers, or supervisors may fail to recognize or enforce recovery protocols, leading to premature return to activity. Symptoms of second impact syndrome... --- - Published: 2024-12-05 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/brain-injury-faqs/what-is-a-noxious-brain-injury/ - FAQ Type: Brain Injury A noxious brain injury occurs when the brain doesn’t receive enough oxygen. (Anoxic and hypoxic injuries are the two most common types of noxious brain injury. ) Damage usually results from exposure to harmful substances, chemicals, or toxins that disrupt normal brain function. Unlike traumatic brain injuries (TBIs), which result from physical impacts or blows to the head, noxious brain injuries are caused by environmental factors, often leading to long-term cognitive, emotional, and physical impairments. At Ernst Law Group, our San Luis Obispo brain injury lawyers understand the profound impact these injuries can have on victims and their families and are dedicated to helping those affected pursue justice and compensation. Keep reading to learn more about this type of brain injury, then call (805) 541-0300 for legal assistance. Causes of noxious brain injuries Noxious brain injuries occur when the brain is exposed to harmful substances that interfere with its normal processes. Common causes include toxic chemical exposure, carbon monoxide poisoning, drug overdose, medical malpractice, and environmental exposure. Toxic chemical exposure Exposure to industrial chemicals, pesticides, or solvents in the workplace or home can lead to brain damage. Common toxic substances include: Lead Mercury Benzene Industrial solvents like toluene Carbon monoxide poisoning Carbon monoxide (CO) is a colorless, odorless gas that interferes with the brain's oxygen supply. Prolonged exposure can result in brain cell damage, leading to memory loss, confusion, and cognitive deficits. Drug overdose Certain drugs, whether prescription or illicit, can be toxic to the brain if used in high... --- - Published: 2024-12-05 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/truck-accident-faqs/how-long-does-a-truck-accident-lawsuit-take/ - FAQ Type: Truck Accident The timeline for truck accident lawsuits can vary widely depending on factors such as the complexity of the accident, the severity of injuries, the willingness of parties to settle, and the legal process itself. On average, a truck accident lawsuit may take several months to a few years to resolve. At Ernst Law Group, we understand that the uncertainty of waiting can be stressful. This guide will walk you through the stages of a truck accident lawsuit, what affects the timeline, and how California laws influence the process. Call our California truck accident lawyer at (805) 541-0300 today if you or a loved one were hurt in a truck accident. Stages of a truck accident lawsuit Truck accident lawsuits progress through several key stages, each varying in length based on the case's complexity. Initial investigation (Typically 1-3 months) Attorneys gather evidence, such as police reports, medical records, and expert evaluations, to establish liability and damages. Filing the lawsuit (Typically 1 month) A formal complaint is filed in court, starting the litigation process. Defendants have 30 days to respond, which can cause minor delays. Discovery phase (Typically 6-12 months) Both parties exchange evidence through depositions, interrogatories, and document requests. This is often the longest stage, especially in complex cases. Mediation or settlement negotiations (Typically 3-6 months) Many cases settle during negotiations or mediation, avoiding trial. If no agreement is reached, the case moves forward. Trial (Typically 1-3 weeks) Evidence and arguments are presented in court. While trials are relatively short, scheduling... --- - Published: 2024-12-05 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/truck-accident-faqs/what-is-a-jackknife-accident-in-california/ - FAQ Type: Truck Accident A jackknife accident occurs when a large truck, such as a semi-truck or tractor-trailer, loses control, causing the trailer to swing out to the side and form a 90-degree angle with the truck’s cab. This motion resembles the folding of a pocketknife, hence the term "jackknife. " These accidents are among the most dangerous incidents involving commercial trucks, often leading to severe injuries, multi-vehicle crashes, or even fatalities. At Ernst Law Group, we understand the catastrophic consequences jackknife accidents can have on victims and their families. Keep reading to learn more from our California truck accident lawyers, then call (805) 541-030 to schedule a free case consultation. How does a jackknife accident happen? Jackknife accidents typically result from losing traction between the truck’s tires and the road. When this happens, the trailer pushes forward uncontrollably, swinging to the side. Jackknifing can occur suddenly, leaving little time for the truck driver or surrounding vehicles to react. There are two types of jackknife accidents: Trailer jackknife: The trailer’s tires lock up while the cab continues moving forward, causing the trailer to swing sideways. Cab jackknife: The cab’s drive axle tires lock up, while the trailer pushes forward, forcing the cab to swing out. Both types of jackknife accidents can create immediate road hazards, block multiple lanes, and increase the risk of rollovers. Causes of jackknife accidents in California Jackknife accidents often result from driver error, mechanical issues, or hazardous conditions. Common causes include: Improper braking: Sudden or incorrect braking, especially on wet... --- - Published: 2024-12-04 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/truck-accident-faqs/truck-driver-fatigue-and-impairment/ - FAQ Type: Truck Accident Like drug or alcohol impairment, fatigue slows a driver’s reaction times, diminishes attention, and impacts decision-making—key skills for handling large trucks on busy roadways. The consequences of fatigued driving can be devastating, often leading to catastrophic accidents due to the size and weight of commercial trucks. At Ernst Law Group, our California truck accident lawyers are dedicated to helping injured victims understand their rights and seek justice when negligence plays a role. Keep reading to explore the effects of truck driver fatigue, its legal implications, and how California law holds trucking companies and drivers accountable for unsafe practices. How fatigue impairs driving The Federal Motor Carrier Safety Administration (FMCSA) compares the effects of fatigue to alcohol impairment, stating that being awake for 18 hours is equivalent to having a blood alcohol concentration (BAC) of 0. 05%, and 24 hours is equivalent to a BAC of 0. 10%, which is above the legal limit for driving. Impairments caused by truck driver fatigue include: Slowed reaction times: Fatigue reduces a driver’s ability to respond quickly to sudden changes, such as traffic slowdowns or road obstacles. Decreased attention: Drowsy drivers are less able to maintain focus, making it harder to stay in their lane or monitor surrounding vehicles. Poor decision-making: Fatigue affects judgment, increasing the likelihood of risky behavior, such as tailgating, speeding, or missing critical road signs. Microsleep episodes: Fatigued drivers may briefly fall asleep for a few seconds without realizing it, a phenomenon known as microsleep. Even a brief lapse in... --- - Published: 2024-11-01 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/truck-accident-faqs/what-is-a-jackknife-accident/ - FAQ Type: Truck Accident A jackknife accident is one of the most dangerous situations involving large trucks like semi-trucks or tractor-trailers. In these accidents, the trailer swings out to form a sharp angle with the cab, creating a shape resembling a folding jackknife. This sudden "V" or "L" shape can cause massive, multi-vehicle crashes, as the truck may block multiple lanes, instantly becoming a major hazard for other drivers. The sheer size and weight of these trucks make jackknife accidents particularly devastating, often leading to severe injuries or fatalities. At Ernst Law Group, we have extensive experience handling truck accident cases and helping victims pursue justice and compensation. Keep reading for more from our skilled San Luis Obispo truck accident attorneys, then contact us online to schedule a free consultation. What causes a jackknife accident? Jackknife accidents occur when a truck’s trailer loses traction and skids, swinging out to form a 90-degree angle with the cab. Key causes include: Improper braking: Sudden or incorrect braking, especially on slippery roads, can lock wheels and cause the trailer to skid. Speeding: High speeds, especially over 55 mph, increase the risk of jackknifing due to longer stopping distances. Hazardous road conditions: Wet or icy roads make it easier for the truck to lose traction, heightening the risk of skidding. Equipment malfunction: Faulty brakes or tires increase jackknifing risk, particularly when maintenance lapses occur. Distracted driving: A brief distraction can lead to sudden braking, where unprepared drivers may lose control. Sharp curves: Curves require controlled speed and braking;... --- - Published: 2024-10-31 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/general-faqs/what-is-a-trial-lawyer/ - FAQ Type: General A trial lawyer is an attorney who represents clients in court, focusing on litigation rather than out-of-court settlements. They advocate for clients by preparing and presenting cases before a judge and jury, aiming for favorable outcomes in complex, high-stakes matters. At Ernst Law Group, our trial lawyers are dedicated to securing justice and compensation for clients in personal injury, wrongful death, and other civil cases. This guide covers the role, key skills, case types, and the importance of hiring a trial lawyer. Understanding the role of a trial lawyer Trial lawyers build cases that can stand up in court, develop comprehensive strategies, gather evidence, and present arguments before a judge and jury. Their responsibilities span several stages of a case, including pre-trial preparation, trial proceedings, and, if necessary, appeals. Trial lawyers are different from other attorneys because they specialize in courtroom litigation. While many cases settle before reaching trial, trial lawyers are trained and prepared to proceed with litigation if a fair settlement isn’t offered. Key responsibilities of a trial lawyer A trial lawyer's primary responsibilities include: Case investigation and assessment: Gathering evidence, interviewing witnesses, and assessing case strength to build a solid strategy. Pleadings and motions: Drafting and filing essential legal documents, such as complaints and motions, to establish the case’s framework. Discovery process: Exchanging information, conducting depositions, and gathering documents to understand the facts fully. Trial preparation: Planning strategy, preparing statements, and organizing exhibits, often working with expert witnesses. Trial proceedings: Presenting the case in court by examining... --- - Published: 2024-10-21 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/truck-accident-faqs/how-do-truck-accident-lawsuits-work/ - FAQ Type: Truck Accident If you’ve been involved in a truck accident, understanding how truck accident lawsuits work is crucial to securing the compensation you deserve. This comprehensive guide will explain the steps involved in a truck accident lawsuit, the parties that may be held liable, and the key legal factors that determine your claim’s success. At Ernst Law Group, our California truck accident lawyers have extensive experience handling truck accident cases and guiding victims through the legal process. Contact us online or call (805) 541-0300 today. Steps in a truck accident lawsuit Truck accident lawsuits can be complex, but understanding the process can help ease the stress of pursuing compensation. Here’s an overview of the steps involved: 1. Seek medical attention and document your injuries After a truck accident, your immediate priority should be your health. Seek medical attention, even if your injuries seem minor. Medical documentation is critical for your health and legal case, as it provides evidence of your injuries and their connection to the accident. 2. Hire an experienced truck accident attorney Truck accident cases involve multiple parties, complex regulations, and large insurance companies. Hiring an experienced attorney, like those at Ernst Law Group, ensures that your rights are protected and well-represented during negotiations or in court. 3. Investigation and gathering evidence The investigation is one of the most critical aspects of a truck accident lawsuit. Your attorney will gather evidence to support your claim, such as: Police reports Medical records Photos and videos from the accident scene Witness statements... --- - Published: 2024-09-04 - Modified: 2025-08-26 - URL: https://www.ernstlawgroup.com/dog-bite-faqs/what-to-do-if-bitten-by-a-dog/ - FAQ Type: Dog Bite At Ernst Law Group, we are dedicated to helping dog bite victims navigate the aftermath of an attack and seek the compensation they deserve. This comprehensive guide will outline the steps you should take immediately after a dog bite, discuss your legal options, and provide important information on California laws related to dog bites. If you or a loved one have been attacked, contact our San Luis Obispo dog bite injury lawyer at (805) 541-0300. Immediate steps to take after a dog bite 1. Seek medical attention immediately The first and most important step after a dog bite is to seek medical attention, even if the injury seems minor. Dog bites can lead to serious infections, nerve damage, and other complications, so a healthcare professional must evaluate and treat the wound properly. First aid – Before heading to the doctor, clean the wound with soap and water to reduce the risk of infection. Apply an antiseptic, and cover the wound with a clean bandage. Medical evaluation – The doctor will likely prescribe antibiotics to prevent infection. They may also administer a tetanus shot if necessary and evaluate the need for stitches or other medical treatment. Rabies vaccinations may sometimes be required if the dog’s vaccination status is unknown. 2. Document the incident Documentation is key to protecting your legal rights if you pursue a claim. Gather as much information as possible about the incident, including: Photos of the wound – Take clear photos of your injuries from multiple angles immediately... --- - Published: 2024-08-12 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/brain-injury-faqs/brain-injury-social-security-disability/ - FAQ Type: Brain Injury Suffering from a brain injury can significantly impact your life, affecting your ability to work and perform daily activities. If you have experienced a brain injury, you might be wondering if you qualify for Social Security Disability (SSD) benefits. Understanding the criteria and SSD application process can help you determine your eligibility and navigate the system more effectively. At Ernst Law Group, we are here to provide you with the guidance and support you need. Keep reading to learn more about SSD and brain injury, then call our California brain injury lawyers at (805) 541-0300 to schedule a free consultation. Understanding brain injury social security disability To qualify for Social Security Disability benefits after a brain injury, you must meet the criteria set by the Social Security Administration (SSA). These criteria include proving that your brain injury is severe enough to prevent you from working and that it meets the medical listing requirements outlined by the SSA. Medical criteria for brain injury social security disability The SSA has specific medical criteria that you must meet to qualify for disability benefits. These criteria are detailed in the SSA’s Blue Book under Section 11. 18, which addresses traumatic brain injury (TBI). To qualify, your brain injury must result in one or more of the following conditions: Coma or persistent vegetative state – A state of unconsciousness lasting for an extended period. Marked limitation in physical functioning – Significant impairment in physical abilities, such as movement, balance, or coordination. Marked limitation in cognitive... --- - Published: 2024-04-24 - Modified: 2025-09-16 - URL: https://www.ernstlawgroup.com/personal-injury-faqs/carbapenem-resistant-enterobacteriaceae-cre-faq/ - FAQ Type: Personal Injury What is CRE? CRE is a carbapenem-resistant Enterobacteriaceae, which means it is a bacterium that has developed a strong resistance to antibiotics. The bacteria are specifically resistant to the antibiotic carbapenem. The normal method of treating bacterial infection is through antibiotics. If you are infected with CRE, the typical course of antibiotic treatment will not be as effective on these bacteria because of their resistance to it, which means that once you are infected with this bacteria, it is notoriously difficult to treat. What Are the Signs and Symptoms of CRE? CRE symptoms vary and are contingent on the specific site of infection. Depending upon the organ that is infected, the host may show a variety of symptoms, but some of the most common symptoms that appear regardless of the organ affected are pneumonia, high fever, sepsis, and septic shock. Although these symptoms are a warning sign to visit a doctor, there is still the possibility that you are suffering from a strain that is not resistant to antibiotics and can be easily treated. However, it is still important to see a doctor as soon as these symptoms arise to determine the cause and proper course of treatment. Is CRE Contagious? CRE is transmitted from person to person, usually by direct contact with skin, contaminated feces, or medical instruments used in hospitals. Once infected, CRE can be found throughout the body, including specific organs like the kidney or liver. The bacteria are easily spread if anything comes into contact with... --- - Published: 2024-04-24 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/brain-injury-faqs/brain-injury-faqs/ - FAQ Type: Brain Injury What is Traumatic Brain Injury? What is Anoxic Brain Injury? What is Acquired Brain Injury? What is Hypoxic Brain Injury? Who is most at risk for Acquired Brain Injury? How can you tell if you have a brain injury? What is an acute or severe brain injury? What is a brain stem injury? Traumatic Brain Injury Accommodations Can a traumatic brain injury occur without loss of consciousness? Is a stroke a traumatic brain injury? --- - Published: 2024-04-24 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/wrongful-death-faqs/how-do-i-file-a-wrongful-death-suit/ - FAQ Type: Wrongful Death A representative of the family member who died will file the wrongful death case. The representative files paperwork with the proper court called a complaint. The complaint alleges all of the wrong things that led to the death done by the other person or corporation. You need to speak with an attorney before you file a wrongful death lawsuit. You can file a lawsuit without an attorney in a format called Pro Per. However, not knowing the rules and having the defense see that you do not have an attorney will make your case significantly less valuable. A wrongful death lawyer tries to increase the value of the wrongful death case for his client, and the firm. The two focuses for the lawyer are how responsible is the party that caused the death, and how much money should compensate the family for the loss of the loved one. Most attorneys will take a wrongful death case on a contingency fee basis, meaning you will not have to pay the lawyer upfront. The lawyer will take a percentage of the money at the end of the case. This is helpful because then the lawyer and your interests are aligned. You both want the best value of the case possible. The law office will complete and file the following things: Complaint Civil Case Cover Sheet Summons If they are a minors, paperwork that appoints a guardian ad litem for the minor will need to be filed (minors who are under 18 cannot... --- - Published: 2024-04-24 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/wrongful-death-faqs/how-much-is-a-wrongful-death-lawsuit-worth/ - FAQ Type: Wrongful Death HOW MUCH IS A WRONGFUL DEATH LAWSUIT WORTH? The true answer is that it depends. We would rather give you a truthful response than a simple blanket formula that is incorrect. However, we can provide some broad guidelines for how much a wrongful death lawsuit is worth. Here are four factors that will adjust the valuation of a wrongful death lawsuit. 1. Fault: How much was the person or corporation who caused the accident in the wrong? This is important. The law in California makes corporations pay a percentage of the amount they are at fault. This means that for a wrongful death case, the person who caused the accident will have to pay the largest amount to settle the case, or after a jury decides the case. 2. Type of person: What was the character of the person who was killed? The value of cases is more or less depending on how much a jury would like them. If a person is well-liked, a valuable member of the community, and has friends that say kind things about them, their loss will be valued higher than someone who has an addiction to drugs, multiple divorces, and a difficult employment situation. 3. Employment: How much money were they making a year? When a person is killed, the amount of money they make is crucial. This has a large effect on the valuation of a wrongful death case. The value of the case goes up by the amount of money the person... --- - Published: 2024-04-24 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/personal-injury-faqs/how-is-a-personal-injury-settlement-determined/ - FAQ Type: Personal Injury A personal injury settlement is an agreement between the person who is injured and the person who caused the injury. The agreement is for an amount of money to be paid to the injured person in return for no longer pursuing the person who caused the harm in court. It is considered a contract under the law and ends the ability for a lawsuit related to the injury. When can a settlement occur? A settlement can occur prior to a lawsuit being filed, or after a lawsuit is filed. If it is filed before the lawsuit, it will be called a pre-litigation settlement. If the settlement occurs after the lawsuit, it generally will just be called a settlement, but includes some additional steps. The additional steps are a settlement agreement, a dismissal of the lawsuit and a release that the person who caused the harm will not be able to be sued in the future related to the injury. Value The determination of the settlement is when both sides agree to the value of the case. The side that caused the injury (the defendant in the lawsuit) will want the number to be as low as possible. The side who was harmed (the plaintiff in the lawsuit) will want the number to be as high as possible to pay for their harm. During the negotiation, the injured side wants to demonstrate how the injury is serious and life-altering, while the side causing the injury will want to show how minor... --- - Published: 2024-04-24 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/personal-injury-faqs/how-is-pain-and-suffering-calculated-in-personal-injury/ - FAQ Type: Personal Injury Pain and suffering is money that is owed by the defendant in a lawsuit for the emotional harm and suffering the injured person endured. It is a category of the value of a personal injury case. For a personal injury case, the monetary value of the case is: Medical Bills Wage Loss/Loss of Income Pain and Suffering In legalese, pain, and suffering are considered what is called “non-economic damages. ” This means that there are no specific numbers that help determine the value of the pain and suffering. Pain and suffering are what a person has to go through because of the harm they suffered that is not related to money. Because there are no numbers specifically tied to pain and suffering (such as medical bills or wage stubs), there are a lot of different ways to calculate this number. The value is calculated differently depending on the type of firm handling your injury case. There is a range of how pain and suffering are calculated. Here are the different ways and why they are calculated differently. The insurance industry calculates pain and suffering as a value related to other calculable values. The insurance value comes from looking at the medical bills and wage loss and multiplying them by 2x, 3x, or 4x. Insurance companies use algorithms to calculate these numbers. This will be the lowest value. Law Firms that handle large numbers of personal injury cases value pain and suffering similar to what they believe they can get from... --- - Published: 2024-04-24 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/personal-injury-faqs/how-to-choose-a-personal-injury-lawyer/ - FAQ Type: Personal Injury Picking the right lawyer is important because, depending on the lawyer you pick, you're going to spend a year or two with that lawyer as well as the outcome of your case value determines that lawyer's reputation in the community and the insurance companies that are defending the lawsuit. How can you know if you're picking the right personal injury lawyer? It comes down to a couple of things. First, you want to ask the potential law firm that is representing you how many cases each attorney has. The numbers vary wildly. There are some personal injury firms that have a hundred cases per attorney, and then there are some firms that will have something like ten or even five in some cases. If you just look at that, what seems more likely that you're going to get better representation? It's pretty simple to see that the fewer cases the attorney has, the more likely you are to get better results. Second you want a firm that goes to trial regularly. Insurance companies keep track of how often the law firm goes or is willing to go to trial, and it makes a big difference in the value of your case. If the insurance company defending the case knows that there is no possibility of trial, they will never pay the value of the case. When you are interviewing potential lawyers, ask when was the last time that you went to trial. How often do you go to trial? Do... --- - Published: 2024-04-24 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/how-to-file-a-lawsuit/ How to File a Lawsuit Ernst Legal Education 101: Knowledge is power. We are going to walk you through the basics of what happens when you file a lawsuit. Filing a Lawsuit As an injured party, you can choose to file a lawsuit. Everyone worries about the country being lawsuit prone- but there are fewer lawsuits today than there were 20 years ago. Why? The insurance lobbying effort over the last 20 years has been designed to create this public idea and reduce their exposure. When you file a lawsuit in a civil case, you are asking the court to resolve a dispute that cannot be resolved easily. When you decide to file a lawsuit, you or your lawyer file a “complaint. ” This complaint is filed with the court and identifies who you are suing, the basis for your lawsuit, and the court where the lawsuit is filed. The court staff then opens a file for your case and issues you a case number. Deadlines: A lawsuit has a limited amount of time to be filed. This is known among lawyers as the “Statute of Limitations. ” When you run out of time to file a lawsuit, it is referred to as the Statute of Limitations expiring. After this time passes you generally cannot file a lawsuit. The lengths of time for several common types of actions in California are as follows: Personal Injury or Wrongful Death: 2 years. (CCP §335. 1) Damage to Personal Property: 3 years (CCP... --- - Published: 2024-04-24 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/truck-accident-faqs/how-long-do-california-truck-insurance-claims-take/ - FAQ Type: Truck Accident If you’ve been in a truck accident in California, you may be dealing with the stress of an injury on top of growing bills from the doctor and mechanic. You may be struggling for money to pay for these expenses and feel pressured to quickly accept an offer from an insurance company. Before signing the dotted line, it’s important what to do after being injured in a California truck accident. Ernst Law Group has been helping the victims of California car and truck accidents seek restitution for over 35 years. If you’ve been injured in an accident with a truck in the San Luis Obispo or Los Angeles area, don’t feel as though there’s no one on your side. Though you may need compensation quickly, there can be delays in a payout or settlement depending on some factors out of your control. In cases like this, an experienced truck accident lawyer in California helps you find all the sources of compensation available to you in a timely manner. Give us a call at (805) 541-0300 for a free, no-obligation consultation and we can set you on the path to a speedy settlement today. What to Do After a Truck Accident If you don’t need to take an ambulance to the hospital, the moments after an accident should be spent contacting the authorities, assessing and documenting damage, and gathering information from other drivers.   If you weren’t taken to the hospital immediately, you should see a doctor within 24 hours to... --- - Published: 2024-04-24 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/truck-accident-faqs/what-should-i-look-for-in-a-truck-accident-attorney/ - FAQ Type: Truck Accident You’ve been involved in a truck accident in San Luis Obispo. You know that you may be entitled to financial compensation for your losses, but you aren’t sure how to get it.   To receive the compensation you are entitled to, you will have to build a strong case that proves negligence. You’ll also need to calculate your losses and convince the party hearing your case that you deserve compensation. Appointing a truck accident attorney in San Luis Obispo can increase the chances that you can make it all happen. It’s not enough to merely know that you need a truck accident lawyer, either. You have to choose the right attorney for your case.   At Ernst Law Group, we can meet the following high standards head-on. If you want to find out more about how we can help you after your San Luis Obispo truck accident, call us today. Schedule a free, no-obligation case review when you call (805) 678-0272 or contact us online now. What You Want to Know Before You Hire a Truck Accident Lawyer Here are a few questions worth asking when you are vetting the capabilities of a San Luis Obispo truck accident lawyer. 1. How long have you been practicing personal injury law? Every lawyer has to start somewhere, but do you really want to be their first case? When it comes to arguing your case in court, experience counts. Many cases won’t end up in court, but insurers are much more willing to... --- - Published: 2024-04-24 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/wrongful-death-faqs/what-are-the-elements-of-a-wrongful-death-case-in-california/ - FAQ Type: Wrongful Death If you have experienced the death of a loved one caused by someone else's negligence, you know it’s not easy to get the compensation you need. It’s even harder when you’re dealing with the grief and pain that comes with the loss. Sometimes, though, that’s one more bridge that needs to be crossed to bring closure and peace of mind. Don’t do it alone. Let our attorneys at Ernst Law Group help you get the compensation you deserve. Our award-winning team of lawyers brings almost 40 years of experience with them and will fight to make sure your claim is properly handled. With deep roots in the San Luis Obispo area, we know what to do to help you win your case. Give us a call at (805) 678-0272 or visit our online contact form to schedule a free consultation today. Here are the key aspects your wrongful death case needs to have a high chance of success. ELEMENTS IN A WRONGFUL DEATH CLAIM: WHAT YOU NEED TO KNOW TO BUILD A STRONG CASE First off, what is wrongful death? In short, it’s the death of a close family member - or life partner under a civil union - caused by the negligence of outside forces.   When a loved one passes, the pain you suffer is great enough. But a wrongful death adds feelings of injustice and additional financial hardship. In some cases, the unexpected, wrongful loss of a sole provider can cause serious economic challenges, even bankruptcy. Regardless,... --- - Published: 2024-04-24 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/wrongful-death-faqs/are-punitive-damages-recoverable-in-wrongful-death-actions/ - FAQ Type: Wrongful Death California law is a bit confusing. It does not allow for the awarding of punitive damages in wrongful death cases, but it does allow for punitive damages in a survival action case. Yet in both cases, the claim is brought forth after someone loses their life. Here’s what you should know. Wrongful Death and Survival Action For clarity: A wrongful death claim is brought forth by eligible surviving family members to compensate them for the loss of a loved one's income, domestic services, and companionship caused by the negligence of the defendant (see CCP § 377. 60) A survival action claim is brought forth by a designated representative of the decedent's estate to compensate the estate for losses caused by the negligence of the defendant (see CCP § 377. 30 - 377. 35) The individual (plaintiff) who brings forth a wrongful death claim can be the same person who files a survival action claim. So, while the two cases are distinct, being a claimant in one case does not bar you from being a claimant in another. However, you must meet the legal eligibility criteria described in the corresponding statute.   If the decedent did not appoint a representative to manage their estate, the court will designate someone as the representative using the rules of intestate succession. Seeking punitive damages during a survival action case is critically important when the defendant's actions were reckless, intentional, or oppressive. While the intent of punitive damages is to set an example discouraging such... --- - Published: 2024-04-24 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/wrongful-death-faqs/what-constitutes-wrongful-death-in-california/ - FAQ Type: Wrongful Death The death of a loved one is the most difficult event we have to deal with in this lifetime. And when the death was caused intentionally or through someone else’s negligence, the loss can be especially painful. Furthermore, survivors may be left with significant debts following the loss. There are funeral and burial costs, loss of the loved one’s income, and the emotional suffering that comes with their passing. Recovering Damages Post-Death One small consolation to families is that they may be able to recover some of these losses from all at-fault parties. With a wrongful death claim in California, a family can begin to heal from the financial and emotional aftereffects of the loss. Not every suspicious or preventable death in California provides grounds for a wrongful death claim. Working with a San Luis Obispo wrongful death lawyer can allow you to determine whether you have a strong case.   Your attorney will assist you in identifying all at-fault parties, providing evidence of their negligence, calculating predicted losses, and other essential components of a strong wrongful death case. If you are suffering from a recent loss and are concerned about the financial damages affecting your future well-being, call Ernst Law Group today. We work closely with our clients, guiding them through this difficult time with minimal stress. Dial (805)-541-0300 or contact us online now, and you can schedule a free, no-obligation consultation with an experienced San Luis Obispo wrongful death attorney. Negligence and Intentional Wrongful Acts One of the... --- - Published: 2024-04-24 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/wrongful-death-faqs/which-approved-family-members-can-file-a-lawsuit/ - FAQ Type: Wrongful Death Losing a family member is one of the most heartbreaking things anyone can go through. All loss is emotionally devastating. However, if someone else is at fault for the death, grieving can be even more complicated and intense.   One small bit of comfort is that eligible family members may be able to seek a wrongful death claim against the responsible party.   WRONGFUL DEATH CLAIMS It is unfair to expect grieving survivors to navigate the wrongful death claims process alone. On top of the loss of income and affection, proving that someone else is legally liable for their loss is overwhelming. Someone with legal expertise and experience can provide the type of support that boosts a family's chances of a successful claim. If you’re in San Luis Obispo, know that you don’t have to navigate these trying times without legal assistance. Give our knowledgeable attorneys at Ernst Law Group an opportunity to help you seek the maximum available compensation for all of your losses. Our award-winning team of lawyers has almost 40 years of experience handling cases of this type. Give us a call at (805) 678-0272 or visit our online contact form to schedule a free consultation today. WHO CAN FILE A WRONGFUL DEATH SUIT IN SAN LUIS OBISPO? California law requires wrongful death suits to be filed within two years of the initial accident. Proof of monetary damages must be demonstrated in court.   Generally, only close family members and those who directly depended upon the decedent... --- - Published: 2024-04-24 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/brain-injury-faqs/social-security-disability-insurance-for-brain-injury-victims/ - FAQ Type: Brain Injury When a brain injury causes a temporary or permanent disability, the survivor and their family will need support to get through the injury and reach maximum possible recovery. Financial Support for Brain Injury Victims Short-term Disability Insurance – If the brain injury victim was employed at the time of the accident, and the accident was not caused by their job, he or she may be eligible for short-term disability insurance benefits through the state of California. Short-term disability insurance is available for up to one year. Additional information can be found on the State of California Employment Development Department’s website. Social Security Disability Income (SSDI) Benefits – The Social Security Administration provides Social Security Benefits to individuals who have become disabled and would otherwise be eligible to collect Social Security Benefits. The disability must be expected to last longer than one year before the victim will be considered for benefits. Supplemental Security Income (SSI) – If the victim is not eligible for SSDI benefits, they may be able to receive SSI through the Social Security Administration. More extensive information on SSDI and SSI can also be found on our Social Security Disability Insurance and Supplemental Security Income pages. Rehabilitation and Support Services for Brain Injury Victims Recovering from a brain injury requires time, energy and support. Finding the right rehabilitation programs is a key component to achieving the fullest possible recovery. Depending on the severity of the injury, your geographic location and the services you need, some prominent rehabilitation programs... --- - Published: 2024-04-12 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/wrongful-death-faqs/what-is-the-statute-of-limitations-on-wrongful-death-cases/ - FAQ Type: Wrongful Death All wrongful death cases have a statute of limitations. This means there is a certain time period after someone dies to file a lawsuit. The statute of limitations depends on where the death happens. California’s statute of limitations is two years after the date of the original incident. After this time period, a complaint will be considered too late, and the lawsuit will not be able to go forward. This is what is known to attorneys as “time-barred” or “past the statute of limitations. ” The statute of limitations is different if the government caused the death. The legal term is “governmental entity,” which means any government worker or agency that caused the death. The government worker or agency must be at work or have their work be the cause of their death. If a governmental worker causes an accident while not working, the standard 2-year statute of limitations applies. --- - Published: 2024-04-12 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/wrongful-death-faqs/how-much-can-i-get-for-my-wrongful-death-case/ - FAQ Type: Wrongful Death The value of a wrongful death claim depends on several factors, including the nature of the deceased’s life, the relationship between the decedent and the plaintiffs, and the financial and emotional damages suffered. At Ernst Law Group, we work closely with families to ensure they receive the compensation they deserve. Below, our San Luis Obispo wrongful death lawyers break down the key factors that influence the value of a wrongful death lawsuit. Factors that determine the value of a wrongful death lawsuit No two wrongful death cases are alike, meaning each lawsuit's value will vary based on specific circumstances. The following factors are commonly considered when determining how much a wrongful death lawsuit is worth. 1. Economic damages Economic (compensatory or actual) damages represent the financial losses that result from the death of a loved one. These quantifiable losses often comprise a significant portion of the compensation awarded. Medical expenses – Any medical costs incurred before the decedent’s death, including hospital bills, surgeries, medications, and other treatments, are recoverable in a wrongful death lawsuit. Funeral and burial expenses – Compensation typically includes reasonable funeral and burial costs. Loss of income – The decedent’s future earning potential is a major factor in determining the lawsuit’s worth. This includes lost wages and benefits (such as pensions and health insurance) the decedent would have provided to the family. Loss of household services – The value of services the decedent would have provided, such as childcare, home maintenance, or other household responsibilities, is also... --- - Published: 2024-04-12 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/wrongful-death-faqs/how-do-you-prove-wrongful-death/ - FAQ Type: Wrongful Death Proving wrongful death involves demonstrating that another party's negligence, recklessness, or intentional misconduct caused the death of your loved one. In California, wrongful death cases are complex and require establishing key elements to prove liability and obtain compensation.   Our experienced California wrongful death lawyers can help navigate this process. Keep reading to learn the elements needed to prove wrongful death in California. If you lost a loved one in an incident that wasn’t their fault, we can help hold the responsible parties accountable – call (805) 541-0300 today. Elements needed to prove wrongful death You must demonstrate the following elements to prove wrongful death in California successfully. 1. Duty of care The first step in proving wrongful death is showing that the defendant owed a duty of care to the deceased. A duty of care means that the defendant had a legal responsibility to act in a way that would avoid harming the deceased. The specific duty of care will depend on the circumstances of the case. In medical malpractice cases – A healthcare provider owes a duty of care to provide competent medical treatment to their patients. In car accident cases – Drivers must operate their vehicles safely and follow traffic laws to protect other road users. In premises liability cases – Property owners must maintain safe conditions to prevent harm to visitors. 2. Breach of duty Once the duty of care has been established, you must prove that the defendant breached this duty. A breach of duty... --- - Published: 2024-04-12 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/construction-accidents-faqs/how-do-you-prevent-accidents-on-a-construction-site/ - FAQ Type: Construction Accidents While it’s impossible to eliminate all risks on a construction site, implementing robust safety measures can significantly reduce the likelihood of accidents. In this guide, our San Luis Obispo construction accident lawyers explore essential strategies for preventing accidents on construction sites. Whether you’re a worker, supervisor, or contractor, these insights will help you create a safer, more efficient construction site. Prevent accidents on construction sites 1. Training and equipment Proper training and certification It is crucial to ensure workers have the necessary training and certification for their specific tasks and machinery operations. Regular training sessions and refresher courses keep everyone updated on safety protocols and practices, reducing the risk of accidents caused by human error. Proper use of tools and equipment Correct use of tools and equipment according to manufacturer guidelines is essential in preventing accidents. Regular maintenance and inspections ensure that everything remains in good working order, reducing the risk of malfunctions and accidents. 2. Assessments, inspections, and reporting Comprehensive risk assessment Conduct thorough risk assessments before starting new projects or tasks to identify potential hazards and implement preventive measures. This continuous process ensures that safety measures remain up-to-date and effective throughout the project’s lifecycle. Regular safety inspections Regular safety inspections of the construction site help identify hazards before they cause accidents. This includes checking machinery, tools, scaffolding, and other equipment for wear or damage and addressing issues promptly to maintain a safe work environment. Hazard identification and reporting Encourage workers to identify and report hazards without fear of... --- - Published: 2024-04-12 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/construction-accidents-faqs/what-type-of-accident-kills-most-construction-workers/ - FAQ Type: Construction Accidents Ernst Law Group is committed to raising awareness about these risks and helping workers and their families seek justice when tragedy strikes. By identifying the most common causes of fatal accidents on construction sites, we can work together to create safer work environments and prevent future losses. Keep reading for more from our San Luis Obispo construction accident attorneys, then call (805) 541-0300 to schedule a free consultation. Falls: The leading cause of fatal construction accidents When examining what type of accident kills most construction workers, falls stand out as the most common and deadly hazard on construction sites. Quick facts Construction workers make up nearly 49% of all fatal occupational slips, trips, and falls across all industries. Since 2013, construction workers have experienced around 300 fatal and 20,000 nonfatal fall-related injuries annually. Roofing contractors, residential building construction, and commercial/institutional building construction had the highest number of fatalities in 2022. Lack of planning was strongly associated with reduced use of fall protection, with 71% lower usage among workers whose employers did not engage in planning. Approximately 70% of all fatal falls in construction occurred among workers employed by companies with fewer than 10 employees. Common scenarios leading to fatal falls Scaffolding collapses – Scaffolding is commonly used in construction to provide workers access to high areas. If scaffolding is improperly erected, maintained, or used, it can collapse, leading to fatal falls. Roof falls – Working on roofs presents significant risks, particularly if proper fall protection measures are not in place.... --- - Published: 2024-04-12 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/construction-accidents-faqs/what-is-the-most-common-accident-in-construction/ - FAQ Type: Construction Accidents Construction sites are inherently dangerous environments. A wide range of activities and heavy machinery pose various risks to workers. Understanding the most common accidents in construction is crucial for implementing effective safety measures to protect workers. At Ernst Law Group, we are committed to helping those affected by construction accidents understand their rights and seek the compensation they deserve. In this article, our San Luis Obispo construction accident attorneys explore the most common types of construction accidents and provide insights into how to prevent them. Falls: The most common accident in construction Falls are the most common accident in construction, accounting for a significant portion of injuries and fatalities on construction sites. According to the Occupational Safety and Health Administration (OSHA), falls from heights are responsible for nearly one-third of all construction-related fatalities. These falls can occur from scaffolding, ladders, roofs, or any elevated work surface, making them a pervasive risk on almost every construction site. Causes of falls in construction Several factors contribute to the high incidence of falls in construction, including: Lack of fall protection – Workers may not use proper fall protection systems, such as guardrails, safety nets, or personal fall arrest systems, which can lead to serious injuries or fatalities. Improper use of ladders and scaffolding – Incorrect setup, overloading, or using damaged equipment can result in falls. Unstable working surfaces – Uneven or slippery surfaces, especially in outdoor environments, can cause workers to lose their balance and fall. Inadequate training – Workers not adequately trained... --- - Published: 2024-04-12 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/construction-accidents-faqs/what-do-you-do-after-a-construction-accident-occurs/ - FAQ Type: Construction Accidents Knowing what to do after a construction accident is crucial for protecting your health, securing your legal rights, and ensuring you receive the compensation you deserve. At Ernst Law Group, our San Luis Obispo construction accident attorneys are dedicated to guiding you through this challenging time and helping you take the necessary steps to protect your interests. Contact us online or call (805) 541-0300 to learn more. Immediate steps to take after a construction site injury 1. Seek immediate medical attention Your health and safety should be your top priority. After a construction site injury, seeking medical attention right away is critical, even if the injury seems minor. Some injuries, such as internal bleeding or concussions, may not show immediate symptoms but can be life-threatening if left untreated. Make sure that a healthcare professional documents all your injuries. Detailed medical records will be crucial if you pursue a workers’ compensation claim or personal injury lawsuit. 2. Report the injury to your employer One of the most critical steps after a construction site injury is to report the incident to your employer as soon as possible. In California, you must notify your employer about your injury within 30 days to be eligible for workers’ compensation benefits. However, it’s best to report the injury immediately to avoid disputes. Written report – Provide a written report of the injury, including details about how, when, and where it occurred. Keep a copy of this report for your records. Employer’s responsibility – Your employer must... --- - Published: 2024-04-12 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/construction-accidents-faqs/when-do-most-construction-accidents-happen/ - FAQ Type: Construction Accidents Serious construction incidents happen more often than in many other industries. In 2021 alone, 1,008 construction workers lost their lives on the job. Understanding the importance of safety and implementing effective strategies is crucial in reducing these numbers and protecting the lives of construction workers. Keep reading for more from our San Luis Obispo construction accident lawyer, then contact us online or call (805) 541-0300 to schedule a free consultation. High-risk times for construction accidents Morning hours One of the critical periods when most construction accidents happen is during the early morning hours. Workers may still be waking up and not fully alert, increasing the risk of accidents. Additionally, heavy machinery and tools are often being set up and tested during this time, creating more opportunities for mishaps. Late afternoon The late afternoon is another peak time for construction accidents. By this time, workers may be fatigued from a long day of physical labor, leading to decreased attention and slower reaction times. Fatigue can impair judgment and coordination, making accidents more likely. Shift changes Accidents often occur during shift changes when new workers take over from those who have been on duty. Miscommunication or lack of proper handover procedures can lead to confusion and mistakes. Ensuring that all workers are fully briefed on the tasks and potential hazards is crucial during these transitions. Seasonal factors Winter months During the winter months, adverse weather conditions such as snow, ice, and cold temperatures can increase the risk of accidents. Slippery surfaces, reduced... --- - Published: 2024-04-12 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/personal-injury-faqs/can-i-receive-compensation-for-the-cost-of-future-medical-expenses/ - FAQ Type: Personal Injury You may be consumed with your current medical expenses, but thinking about the future is key for complete physical and financial recovery. Seeking the help of a San Luis Obispo personal injury lawyer from Ernst Law Group is crucial for getting compensation for current and future medical expenses. Keep reading to learn about the compensation you may be entitled to and how Ernst Law Group can help you obtain it. How to get compensation for future medical costs Depending on the circumstances of your case, you may be entitled to compensation for future medical costs associated with your injury. According to California law, a victim can collect payment for present bills and projected medical expenditures. To do so, any medical expenses must be reasonably required for the injury or condition. Sufficient proof and calculations may be needed to support the requested damages in your claim properly. The burden of proof is on the claimant in a personal injury case. Attorney Don Ernst and his legal team will work tirelessly to gather the critical evidence needed to support the value of your claim properly. Known for his compassion and knowledgeability in medically complex cases, Ernst has cultivated a strong reputation in his nearly 40 years of experience. Types of future medical expenses When you are suffering from extensive physical and emotional trauma, it's important to know what future medical expenses you may require. Personal injury claims can include economic and non-economic (pain and suffering) damages. For example, catastrophic harm, like brain... --- - Published: 2024-04-12 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/personal-injury-faqs/how-long-does-a-personal-injury-lawsuit-take/ - FAQ Type: Personal Injury When you are involved in an accident - be it a car wreck, a truck accident, or even a slip and fall - you may be wondering if you have grounds for a personal injury lawsuit. Just as importantly, many of our clients ask, “How long will a lawsuit take? ” We understand that your time is valuable. We know that when you are facing unexpected financial decisions, you want things settled quickly. The truth is, no one can predict how long your case will take because there are so many unique factors to your accident. Settling your case can typically take months when there is a dispute with the claim. Taking your case to trial can take a year or more before you finally receive a verdict. If you have been injured in any accident, contact our office to learn about your legal rights and to know what to expect once you start pursuing compensation. Our San Luis Obispo personal injury lawyers can describe the general timeline your case may follow as well as what factors could impact its projected length. Call us at 805-678-0272 or contact us online to discover more during a free, no-obligation case review. The following factors will influence what steps your personal injury case will take and how each may affect the ultimate timeframe it takes for your case to be resolved. The Insurance Company Is Your First Step Under California law, you have 15 days to file a claim with an insurance company.... --- - Published: 2024-04-12 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/personal-injury-faqs/what-damages-are-available-in-a-personal-injury-case/ - FAQ Type: Personal Injury The careless actions of another person can change your life or the life of a loved one in the blink of an eye. Unfortunately, the punitive legal system rarely offers a path to justice for people who others have injured in an accident. Therefore, the best way to get a fair outcome is to seek damages from the negligent party through an insurance claim or a civil action in court.   Support your physical and financial recovery now by getting legal assistance from a California personal injury lawyer. With the help of a seasoned San Luis Obispo personal injury attorney, you can increase the chances of claiming the maximum possible compensation for all of your damages. From car accidents to slip-and-falls, the Ernst Law Group will have your back. We have been fighting for victims of negligence for 40 years. Give us a call at (805) 541-0300 to schedule a free, no-obligation consultation and we can go over the details of your accident. Economic Damages in a California Personal Injury Case Medical Bills An accident that leads to a hospital stay, ambulance ride, treatment, therapy, or even just the occasional follow-up visit is money out of your (or your insurer’s) pocket. If another party’s negligence caused the accident, those costs should be their responsibility. Medical expenses are one of the most common damages in personal injury cases. Lost Wages When an accident leads to an injury that keeps you away from work, the wages you lose from missing work can... --- - Published: 2024-04-12 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/personal-injury-faqs/what-if-i-had-a-pre-existing-condition-before-my-personal-injury-lawsuit/ - FAQ Type: Personal Injury A bad accident can change a life forever. From a car accident to a slip-and-fall to an incident in the workplace, there are countless ways to wind up with an injury that requires medical attention and ongoing treatment. Very quickly, medical bills can pile up, and your wages may come to a complete standstill as you miss work in order to recover. When you have a preexisting condition, injuries from an accident can be even worse. Imagine having chronic back pain only to be rear-ended by a speeding or inattentive driver. Suddenly, you’re dealing with new injuries on top of your (now exacerbated) back pain.   It can be difficult to know what injuries came before and after such an accident, but that doesn’t mean you should avoid seeking the restitution you deserve. It can be easy to give in to hopelessness, but there’s usually a way to recover without putting your quality of life in jeopardy.   Getting help from an experienced San Luis Obispo personal injury lawyer can boost your chances of recovering both physically and financially from an accident, even when your preexisting conditions confuse the circumstances. The Ernst Law Group personal injury firm has been fighting for the rights of victims for more than 35 years and has seen cases through for people in situations much like your own. Give us a call at (805) 541-0300 and we can schedule a free, no-risk consultation to discuss the details of your personal injury case as soon as... --- - Published: 2024-04-12 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/personal-injury-faqs/what-does-a-personal-injury-lawyer-do/ - FAQ Type: Personal Injury You may have heard that you should get a lawyer after a car accident or other personal injury scenario. That, or you know from pop culture, that you can "lawyer up" any time you've sustained an injury caused by someone else's mistakes. But why do you need a personal injury lawyer in these situations? More to the point, what does a personal injury lawyer do for you that aids your goal of seeking compensation? The simplest answer to "What does a personal injury lawyer do? " is this: they use their knowledge of the law and insurance companies to maximize your chances of obtaining all the compensation you need to recover from your injury. We'll break down that definition into all its smaller parts below, but know that this information is designed to inform a broad audience with a hypothetical injury scenario.   If you are injured, the best way to find out what a San Luis Obispo personal injury lawyer can do for your case is to talk to one during a free, no-obligation case evaluation. Call the Ernst Law Group today at (805) 541-0300 or contact us online to discuss your case details and find out exactly how we can help you get compensation. A Personal Injury Lawyer Uses Their Expert Knowledge to Prevent Insurers From Taking Advantage of You The biggest role a personal injury lawyer in San Luis Obispo can fill is keeping you informed of your legal rights during every step of the claims or... --- - Published: 2024-04-12 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/personal-injury-faqs/do-i-need-a-personal-injury-lawyer/ - FAQ Type: Personal Injury If you have been injured as a result of someone else's negligence and choose to seek compensation on your own, you may not be properly compensated for medical bills, lost wages, and much more. In addition, some claims must be filed within a short time after an injury occurs or as soon as reasonably possible. If this filing deadline passes without action by the injured party, they forfeit their right to compensation. Contact the San Luis Obispo personal injury lawyers at Ernst Law Group for a free consultation and learn if you have a viable claim. Our team of attorneys has collected more than $500 million in settlements and verdicts for our clients. We are difficult to beat because we work hard on difficult cases. If you want an attorney who will fight passionately for your rights, contact us today. Do I really need a lawyer to handle a personal injury claim? Depending on the circumstances, it's possible that filing an injury claim without legal representation could be more costly. Victims lose money when they don’t have a skilled negotiator with extensive legal knowledge looking out for them. An attorney with personal injury experience could also help ensure that the claim is filed within the applicable statute of limitations. They can find all potential defendants involved in an accident, gather evidence to strengthen the claim, and negotiate on the client's behalf for a fair settlement. 6 Benefits of Hiring a Personal Injury Lawyer 1. Protect Your Rights When filing a... --- - Published: 2024-04-12 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/personal-injury-faqs/how-are-personal-injury-settlements-paid-out/ - FAQ Type: Personal Injury There are several avenues for receiving the compensation owed you in your personal injury case. The California personal injury attorneys with Ernst Law Group can help you decide which payout method is best for you and ask that your preferred method of payment be included in the settlement terms. Methods of settlement payouts Lump sum A lump sum payout is just what it sounds like you receive the money all at once. This permits you full control over the entire amount and may be useful if you have high medical bills and wish to pay off all your medical debt. While a lump sum option gives you immediate control over all of your money, some plaintiffs may mismanage the funds. Placing the settlement in a trust is one option for mitigating this problem if all parties agree upon a lump sum payment. A structured settlement can also help with this issue. Structured settlement A structured settlement pays the award in regular or structured allotments, generally through the purchase of an annuity. With some structured settlement agreements, the plaintiff can ask for specific payouts upfront to cover costs like outstanding medical bills or those that were taken on an attorney lien and attorney’s fees; then, the remainder is paid out over time. A structured settlement is useful for very large personal injury settlements or awards because it can guarantee that you have funds available to you in the future to assist with your medical bills and to cover any gaps in... --- - Published: 2024-04-12 - Modified: 2025-08-26 - URL: https://www.ernstlawgroup.com/personal-injury-faqs/can-i-sue-for-clinical-trial-injury-compensation/ - FAQ Type: Personal Injury Clinical trials of new medicines or treatment protocols must be tested on human subjects prior to being approved by the US Food and Drug Administration (FDA). Participation in clinical trials is voluntary, and participants must agree to assume the risk of some potentially negative consequences if they choose to participate. However, in giving their consent, clinical trial participants are only legally agreeing to information that was clearly understood and treatment that is properly administered. Clinical trials are monitored for adherence to ethical standards by independent review boards. When a clinical trial participant is injured, the entire process is evaluated to determine if the clinical trial followed the correct procedures. At Ernst Law Group, our practice includes helping clinical trial participants recover from unexpected injuries resulting from participation in a clinical trial. The following are common questions that our San Luis Obispo personal injury lawyers are often asked by clients injured in clinical trials. When can you sue for clinical trial injury compensation? A clinical trial participant who was injured during the course of the research may have the right to bring a clinical trial injury lawsuit if the injury was the result of a misunderstanding about the risks involved in participating in the study or the persons or entities administering the treatment failed to exercise the appropriate care. Some participants may also experience serious reactions to the treatment that were not anticipated. How these situations are handled by the persons conducting the trial may result in liability for a clinical... --- - Published: 2024-04-11 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/general-faqs/is-a-lawsuit-necessary/ - FAQ Type: General Not always. Sometimes, claims can be resolved with a few phone calls or letters. In some cases, a settlement can be reached after you retain a lawyer but before a lawsuit is filed. Many times, however, you will not obtain full compensation until you file a lawsuit. Even after you file a lawsuit, many cases settle before trial. In order to maximize your chances of obtaining a fair settlement, you should hire a lawyer with a proven track record of not only good settlements but also successful jury trial verdicts. Your chances of a fair settlement increase when a defendant knows that your lawyer is willing and able to take your case to trial. Insurance companies know our proven track record of winning jury trials. --- - Published: 2024-04-11 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/general-faqs/how-do-i-obtain-medical-care/ - FAQ Type: General If you have been injured in an accident there are several ways that you can obtain medical care. Your insurance policy probably contains a “Medical Payments” provision. This means that your insurance company will pay for your medical treatment regardless of fault, up to the limit you purchased. If you have your health insurance policy, you can also obtain medical services as provided by your policy. If you qualify, Medicare and Medi-Cal also provide coverage for accident injury treatment under certain circumstances. You should also know that in California, a hospital can not deny emergency medical care based on lack of insurance or inability to pay. As a last resort, if you have no medical insurance available to you, we can often obtain care for you on a “lien” basis. This means that we agree with a healthcare provider whereby they will treat you in exchange for your promise to pay them from the proceeds of your lawsuit. You should be aware that if you recover damages from the responsible party and you have obtained medical care for your injuries through public or private insurance, you may have an obligation to repay your insurance company or the government to the extent of the benefits they paid for you. It is very important to work with your lawyer so that all efforts can be taken to minimize or even eliminate your repayment obligation. We have extensive experience dealing with medical insurance issues and welcome your call to discuss your situation. --- - Published: 2024-04-11 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/car-accident-faqs/what-happens-if-an-uninsured-driver-hits-you/ - FAQ Type: Car Accident The stress of being in a car accident is further amplified if an uninsured driver operates the car that hits you.   A recent report from the Insurance Research Council (IRC) reveals that the estimated U. S. uninsured motorist rate is 12. 6 percent. With this figure, you can assume that one out of every eight cars on the road has an uninsured motorist in the driver’s seat. Here on the West Coast, the numbers are even more astounding. More than 16% of California drivers do not have auto insurance, making our state tenth in the country for uninsured motorists.   If an uninsured driver has hit you, we are here to help. Ernst Law Group was established over 35 years ago to pursue justice and adequate compensation on your behalf. We are a plaintiff trial law firm, which means that our legal team is dedicated to getting the best results for victims whom the wrongdoing of others has harmed. We fully understand the frustration of uninsured vehicle collisions as well as the financial hardship you may be experiencing. Whether you need minor repairs or a whole new vehicle, our San Luis Obispo car accident attorneys are here for you.   With licensure and resources to litigate anywhere in the state, we are honored to extend these services to any victim in California. Call our office directly at (805) 549-4174 or use the online form to contact us to schedule your free case consultation.   Until then, use the information... --- - Published: 2024-04-11 - Modified: 2025-08-27 - URL: https://www.ernstlawgroup.com/car-accident-faqs/does-insurance-cover-deer-hitting-car/ - FAQ Type: Car Accident It’s frustrating when people say that you hit a deer because unless you drive into a forest, the deer is the one hitting you. That’s why some types of insurance will cover you in the event of a deer hitting your car.   Keep reading to learn the specific kind of insurance you’ll need to be covered. You Could Be Covered Under Comprehensive Insurance Comprehensive insurance is designed to cover things other than collisions that you cannot control. This usually includes damage caused by deer or other animals.   Comprehensive insurance policies typically require that your car comes in contact with the animal, so if the deer runs into the road and hits your car, you should be covered. Unfortunately, the comprehensive insurance policy will not cover any injuries you could get from hitting a deer.   Comprehensive insurance can also cover the cash value of your car. So, if your vehicle is totaled, the insurance company will probably pay you the value of your car, leaving you to choose whether you would like to put that money toward your repairs or buy a new car.   Comprehensive vs. Collision Coverage What is the difference between comprehensive coverage and collision coverage policies? Well, collision insurance covers you if you get in an accident with another car or an inanimate object. For instance, if you swerve to avoid hitting a car and you hit a stop sign, that would still likely be covered under collision insurance. Comprehensive insurance, on the other... --- - Published: 2024-04-11 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/car-accident-faqs/what-is-the-sudden-medical-emergency-defense/ - FAQ Type: Car Accident The sudden medical emergency defense is used when a driver who caused an accident claims that their actions occurred as a result of having an unexpected medical emergency while driving. This driver may even fully admit that their driving caused the accident but assert that their driving was affected by a sudden health crisis. Whatever health crisis they claim to have had, their point in making this claim is to defend themselves and deny negligence. If they are not found to be negligent, then they can’t be held responsible for causing the accident. Defendants Must Prove All of the Following to Win Their Defense A “defendant” is a person claiming that they had a sudden medical emergency and that this caused them to lose control of their vehicle. When the defendant uses this defense, they must prove four things to win: The medical cause of the ailment was a physical, not mental, emergency. California law does not cover mental emergencies as a sudden medical emergency, so the defendant must prove that the emergency was a physical issue and not a mental or psychological ailment. The condition struck suddenly, immediately making the defendant unable to control their vehicle. The defendant driver must also be able to prove that their medical emergency was sudden and occurred while they were already driving. This is necessary because it can show that the driver was fine when they got into their car and suddenly lost control of their vehicle after an unexpected health crisis arose.... --- - Published: 2024-04-11 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/car-accident-faqs/what-happens-if-im-partially-at-fault-in-a-car-accident/ - FAQ Type: Car Accident Being in a car crash is scary. You’re likely worried, unsure of what to do next, and you may have suffered a serious injury. You can rest a little easier when you know that the accident isn’t your fault. But what if you suspect you were partially at fault or if the police officer’s report indicates that you shared a percentage of fault? Don’t worry – we’re here to help. California car accident liability laws Fortunately, because California is a comparative fault state, you can still recover damages in an accident even if you were partially at fault. The courts may also still award damages to more than one party involved in the collision, an award based on the fault percentage each party shares in the accident. Determining fault after a car accident Determining fault in a car collision means proving which driver or drivers were negligent. To prove that one or more parties were negligent, your California personal injury attorney will need to prove the following: Someone owed you a duty of care to act in a reasonable manner so as to not cause harm. For example, all drivers are expected to follow all traffic laws because they were implemented for their own safety and the safety of those who share the road. That person breached their duty of care. If someone were looking at their cell phone instead of the road, that would be a breach of their duty. The breach of duty caused an accident – this... --- - Published: 2024-04-11 - Modified: 2025-09-18 - URL: https://www.ernstlawgroup.com/car-accident-faqs/what-if-the-police-report-is-against-me/ - FAQ Type: Car Accident Discovering that another driver filed a police report against you can be scary. You may be unsure of what you’ve done wrong and if it’s time to contact a lawyer. Your next steps depend on the unique facts of your case, but the bottom line is that you have rights in these situations, and a skilled lawyer can help protect them. Reasons for a police report against an individual First, let’s address the question, “Why is there a police report against me? ” In car accident cases, police reports are used for: Determining liability Statistical analysis A source of information for the investigative record When local police respond, they will complete an accident report and file it. However, if the police didn’t respond or weren’t called, the other driver can file a police report against you when they report the accident. If this happens, it may indicate that you’ll be named as a defendant in a lawsuit. Now is the time to seek legal advice from a skilled San Luis Obispo car accident attorney. An attorney can advise you of your protections and help you understand each step. Understanding the contents of the police report Many California municipal police departments, including San Luis Obispo, follow standard formats for a police report. It typically contains: The date, time, and location of the event Description of the scene Any photos or videos How to contact victims and witnesses Any threats, weapons, or violent acts The names and pertinent identifying information of victims... --- - Published: 2024-04-11 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/car-accident-faqs/whos-at-fault-in-a-chain-reaction-car-accident/ - FAQ Type: Car Accident If you were in a multi-car collision, you’re probably wondering how the police or your car accident lawyer will decide which driver is to blame. Your responsibility and potential liability often lie in where you were in the crash and how you were driving before it happened. Keep reading to learn more about chain reaction car accidents and determining who’s at fault. Determining fault in a pileup crash Determining fault in multi-car collisions starts with establishing which driver caused the initial crash. Your attorney and expert accident reconstructionists may take weeks to sift through the evidence and identify who’s at fault. California car accident law recognizes a “joint and several liability,” meaning an injured party can pursue full compensation from several defendants. California is also a pure comparative fault state, so even if one of the drivers is partly to blame for the accident, they can still collect damages for economic losses. Responsibility of the driver who caused the initial collision Assigning liability in a multi-car crash begins with pinpointing the initial collision. Many pileups start with a rear-end collision that leads to subsequent rear-end collisions. However, a chain reaction crash could result from some other type of crash, such as a T-bone that causes a rear-end pileup. One may assume that the driver responsible for the primary crash will be at fault for the entire thing and legally responsible for all damages for the victims, but there are still other drivers to consider. Responsibility of drivers who subsequently collide... --- - Published: 2024-04-11 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/car-accident-faqs/what-information-should-i-get-from-witnesses-after-my-car-accident/ - FAQ Type: Car Accident Witnesses can be invaluable after a car crash. From corroborating your claim that the other driver is to blame to providing additional supporting evidence, your car accident attorney can use witness information to strengthen a compensation claim. If you were involved in a car accident, follow these tips to gather witness information. Identifying potential witnesses Testimony from witnesses who saw the collision from different angles can help strengthen your case. If you’re unable to identify witnesses at the scene due to your injuries, you may gather this information from the police report. Passengers Your passengers can also provide testimony about your conduct. They can report whether you were going the speed limit, stopped at red lights, or turned when you had the right of way. The other driver’s passengers may have seen them texting and driving or know firsthand that the driver was under the influence of alcohol or drugs. Your San Luis Obispo car accident attorney can subpoena these passengers and compel them to testify to any errors or recklessness of the other driver. Bystanders If your accident occurred at a busy intersection, plenty of bystanders might have witnessed it. Some may have remained on the scene to lend assistance or give a statement to the responding police officer, but others can slip under the radar. Owners and patrons of local businesses Finally, “rubbernecking” business owners and employees may have stepped outside when the crash happened. Check nearby businesses and ask people working on that date if they saw... --- - Published: 2024-04-11 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/car-accident-faqs/i-was-hurt-in-a-car-accident-with-no-health-insurance-what-should-i-do/ - FAQ Type: Car Accident You need to seek immediate medical attention if have been injured in a car crash. But what if you don’t have health insurance? In this case, you might hesitate to get the medical treatment you need. The good news is that a San Luis Obispo car accident lawyer from our firm can help you find ways to pay for your medical care after being injured in a serious car accident with no health insurance. Our lawyers work on behalf of their clients to ensure that they have top-quality healthcare and compensation to help them pay for these expenses. Keep reading to learn more. What should I do after being hurt in a car accident with no health insurance? When you are involved in a car accident without health insurance and are not at fault, you may begin to feel stressed, frustrated, and even overwhelmed. It is understandable to wonder how you will afford treatment for an accident you didn’t cause. However, if you do not get the medical assistance that you need as quickly as possible, your injuries could become much worse than they already are. Depending on the types of injuries you suffer, this could lead to permanent disability, disfiguration, paralysis, or even death. It’s important to remember that if you do not see a licensed medical provider immediately after the accident, it can be extremely difficult for your car accident attorney to prove that your injuries were severe or life-threatening. The reason for this is that car insurance... --- - Published: 2024-04-11 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/truck-accident-faqs/how-does-an-attorney-prove-truck-accident-liability/ - FAQ Type: Truck Accident Truck accident liability is a crucial piece of the puzzle your attorney must assemble to help you recover compensation for your injuries and losses. When multiple drivers are involved, finger-pointing quickly begins, delaying you from receiving the financial relief you need. When you have suffered injuries, you need a California truck accident lawyer working on your side. Proving truck accident liability can be difficult for even the most seasoned attorneys, but attempting to do so alone can greatly destroy your chances of recovering the compensation you deserve. Contact Ernst Law Group for a no-obligation consultation to discuss the details of your truck accident and discover how we can assist you. Who are the potentially responsible parties in a truck accident? While it’s common to assume the truck driver is the primary at-fault party, many could be responsible for a crash. These third parties could include the following. The trucking company Liability often falls on the company that hired the trucker. However, proving this is difficult unless the lawyer or an accident scene expert can expose supporting evidence. Inspectors If inspectors fail to properly identify potential issues that make a truck dangerous to drive, they or their company’s owner could be liable. The manufacturer or cargo loaders Defective parts that cause an accident can be a manufacturer missing a malfunction or defect in a batch of parts. If an accident occurred involving the truck’s cargo, the cargo loader could be liable if they did not properly inspect and secure it. The... --- - Published: 2024-04-11 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/truck-accident-faqs/california-truck-accident-statistics/ - FAQ Type: Truck Accident California has more than 14. 7 million registered trucks, including commercial tractor-trailers, semis, and other heavy-duty vehicles. Large commercial trucks travel 2,456 miles of interstate roadways daily. When these trucks mingle with other vehicles on the road, they can cause major problems. San Luis Obispo truck accidents also happen fairly frequently. To illustrate the scope of the problem, we’ve compiled some truck accident statistics for California and San Luis Obispo County below. If you’ve been hurt in a truck accident, get an experienced California truck accident lawyer. Call Ernst Law Group today if you have been injured and want to know more about your legal right to pursue damages. Schedule a free, no-obligation consultation by calling (805) 541-0300 or contacting us online today.   California state truck accident statistics Commercial truck accidents across California continue to be a serious issue. In fact, according to the Federal Motor Carrier Safety Administration (FMCSA) A&I Crash Statistics, there were 13,069 collisions involving fatal and nonfatal injuries. There were 350 fatal commercial truck accidents and 12,719 non-fatal injuries. Truck accident fatalities began to increase in 2021 post-Covid. That year, there were 447 fatalities for 310,823 miles. This is a fatality rate of 0. 14%. These rates declined the following year when there were 489 fatal truck accidents and 14,282 non-fatal crashes. According to the FMCSA, there were 650 truck accident investigations in California in 2022. As of May 2024, California has had 2,839 total commercial truck accidents, including 2,819 non-fatal injuries and 20 fatalities.... --- - Published: 2024-04-11 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/truck-accident-faqs/i-cant-tell-if-im-hurt-or-not-after-my-truck-accident-what-should-i-do/ - FAQ Type: Truck Accident If you have been involved in a truck accident, you may be unsure if you need medical attention. When the accident is minor, most people will assume that they don’t need to go to the hospital.   However, you should always get a comprehensive medical exam, no matter what. Just because you can’t see or feel an injury immediately doesn’t mean one hasn’t occurred. Several types of injuries can get worse in the days after the accident, especially if you don’t seek treatment. It is always in your best interest to see a doctor after an accident.   If you are hurt and having difficulty recovering compensation after your truck accident, call the Ernst Law Group. As premier truck accident attorneys in California, we also know that medical attention can make or break your case. Delaying treatment can allow insurers to question whether your injuries were directly caused by the accident.   Here are questions we are most commonly asked in regard to getting medical attention after a truck wreck. Should I Seek Medical Attention Immediately? Based on what we have seen in court, our opinion is that you should seek medical attention as soon as possible following your accident. You don't have to go to the ER, but you should see a doctor or visit an urgent care clinic just to be safe.   Getting a full exam and diagnosis will preserve your chance of obtaining damages should you choose to file a claim against the at-fault truck driver... --- - Published: 2024-04-11 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/truck-accident-faqs/should-i-still-go-to-the-hospital-after-a-semi-truck-accident/ - FAQ Type: Truck Accident After a vehicle collision, even one involving a semi-truck, you may not notice an injury. Without any obvious broken bones, lacerations, or contusions, you’ll feel very lucky.   However, as an experienced California truck accident attorney team in San Luis Obispo, we know that looks can be deceiving. Just because you don’t have immediate evidence of any injuries doesn’t mean you aren’t injured. If you’ve recently been in a truck accident in San Luis Obispo and you have questions regarding how to pay for your injury costs or want legal representation on a claim, you can speak to a knowledgeable lawyer from the Ernst Law Group. Call our office at (805) 678-0272 or contact us online to discuss your case at no cost to you during a free, no-obligation consultation. After you have been in a truck accident, get a medical exam as soon as you can. If you are seriously hurt, the nearest hospital emergency department (ER) is your only option.   If you think you might have no injuries or just minor injuries, you should still receive a comprehensive exam at your primary care physician's office, an urgent care clinic, or another care provider near you.   Arriving at the Hospital If you go to the hospital immediately after your accident, you will do intake through the emergency department. A medical professional will check you in and ask about the reason for your visit. A triage nurse will take your vitals and assess your condition. If your injuries... --- - Published: 2024-04-11 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/truck-accident-faqs/how-do-i-deal-with-insurance-after-a-truck-accident/ - FAQ Type: Truck Accident Beyond physical injuries, pain, and suffering, auto accidents can be devastating to your mental and financial well-being. Factor in the weight and momentum of a massive truck, and the stress and destruction of a truck accident increases exponentially. If you or a loved one has been injured in a truck accident in the San Luis Obispo area, leave the legal details to a quality California truck accident lawyer. Rather than trying to haggle and fight insurers yourself, trust a San Luis Obispo truck accident lawyer who has dealt with insurance companies since 1980. The Ernst Law Group has been fighting for victims of San Luis Obispo car and truck accidents like you for four decades. We have won hundreds of millions for our clients over the years. We look forward to hearing the details of your case and getting started on your fight for an adequate settlement to cover your damages.   Give us a call at (805) 541-0300 or contact us online for a free consultation at no risk or obligation to you. Dealing With Insurance After a California Truck Accident Insurance companies are well-known for sending a settlement release with the promise of immediate funds to cover medical necessities or vehicle repairs soon after an accident. They are hoping you will quickly sign and return their release because it will keep you from pursuing any damages down the line. The amount available if you are to sign this initial offer is the only amount you will be able... --- - Published: 2024-04-11 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/truck-accident-faqs/how-do-truck-accident-investigations-work/ - FAQ Type: Truck Accident The sheer size difference between a fully loaded semi-truck and your passenger car means you could sustain catastrophic, life-changing injuries in even a minor crash. When you hire a California semi-truck accident lawyer to file a suit for compensatory damages, one of the first steps we take is to conduct an investigation of the accident. Different types of truck accidents The type of accident can provide many clues as to the cause of the collision. Here are some of the most common semi-truck accidents for which we’ve helped our clients recover damages. Rear-end collisions Collisions when a car rear-ends a semi-truck or when a semi-truck rear-ends a passenger car can occur for several different reasons. A truck driver can’t stop their truck as quickly as might be necessary to avoid an accident, or weather conditions or faulty brakes could prevent them from stopping. Other times, a truck might suddenly jack-knife, which could cause a car to run into a part of the truck unavoidably. If a smaller car or SUV rear-ends a semi, the front of the car can become wedged beneath the truck. Rollover accidents Semi-trucks have a higher center of gravity than other vehicles, making them more prone to rollover. Roads with steep inclines or sharp curves can be especially perilous, especially with dangerous weather, high winds, wet roads, and poor visibility. Head-on collisions A head-on collision is what it sounds like – the fronts of each vehicle collide. These can occur when one driver doesn’t yield the... --- - Published: 2024-04-11 - Modified: 2025-08-26 - URL: https://www.ernstlawgroup.com/truck-accident-faqs/why-shouldnt-i-accept-the-semi-truck-accident-settlement/ - FAQ Type: Truck Accident While it may be tempting to accept a semi-truck accident settlement quickly, it's generally not in your best interest to do so, especially without the guidance of an experienced semi-truck accident lawyer. Remember, trucking companies and their insurance providers aim to maximize profits and might pressure you into accepting a low settlement offer. Don’t let them take advantage of you. Protect yourself by working with a San Luis Obispo truck accident attorney who can fight for your rights and help you secure the compensation you deserve. Why might the insurance company offer a settlement soon after your accident? Insurance companies often attempt to settle claims quickly to minimize their financial liability and maximize profits. By offering you a settlement soon after your accident, they aim to resolve the claim for a relatively small amount before the full extent of your injuries and damages is known. Why you shouldn’t accept the first settlement offer You may not know the full extent of your injuries After a truck accident, the full extent of your injuries may not be immediately apparent. Some injuries, such as traumatic brain injuries or soft tissue injuries, can take days or even weeks to manifest fully. Accepting a settlement offer before you understand the breadth of your injuries may result in inadequate compensation for your medical expenses and other losses. The settlement offer may not be fair Trucking companies and their insurance providers prioritize their profit margins, often offering low settlement amounts. These initial offers may not fully... --- - Published: 2024-04-11 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/truck-accident-faqs/what-do-i-do-if-the-trucks-cargo-caused-my-accident/ - FAQ Type: Truck Accident If you’ve been involved in a truck accident where the cargo played a role in causing the collision, you may be facing a situation that requires the help of a San Luis Obispo truck accident attorney from Ernst Law Group. Accidents involving truck cargo falling out and other issues can result in severe injuries and property damage. Knowing what steps to take is crucial to obtaining compensation for your losses. We’ll address common questions on what to do if the truck’s cargo caused your accident. What are some common causes of cargo-related truck accidents? Cargo-related truck accidents can occur due to various factors, including: Improper loading Unsecured cargo Overloaded trucks Unbalanced or shifting cargo Failure to comply with weight limits and regulations Inadequate inspection and maintenance of cargo restraints Failure to secure hazardous materials properly When truck cargo falls out the back of a semi-trailer and spills across the roadway, it can lead to serious damage. Other vehicles may become involved in the wreck if they can’t stop in time, injuring others who cannot move their damaged cars. What should I do if I suspect the truck’s cargo contributed to the accident? The priority after any accident is to ensure your safety and seek medical attention. Once you’re safe, gathering as much information as possible is essential. If you suspect the truck’s cargo played a role in causing your accident, document any visible signs of cargo spillage, shifting, or improper securement. Take photos or videos of the cargo and its... --- - Published: 2024-04-11 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/insurance-dispute-faqs/what-damages-can-i-recover-if-my-claim-is-denied/ - FAQ Type: Insurance Dispute Insurance companies must undertake a thorough and unbiased review of each claim. When an insurance company fails to evaluate a claim fairly or requires the insured to take unreasonable steps to verify a claim, the company has breached its obligation of good faith and fair dealing, which is implied in every insurance contract. Damages for insurance bad faith include payment of the benefits due to you and all consequential damages, including attorney’s fees, emotional distress damages, and even punitive damages in some cases. Keep reading for more from our skilled San Luis Obispo personal injury lawyers, then call (805) 541-0300 to schedule your free consultation. Understanding California insurance bad faith Insurance bad faith occurs when an insurance company fails to uphold its duty to act fairly and in good faith towards its policyholders. This duty includes promptly and thoroughly investigating claims, communicating honestly, and paying valid claims without unreasonable delay. Under California law, an insurer can be held accountable for bad faith practices when violating these obligations. Examples of bad faith practices Unreasonable denial of claims – Denying a claim without a legitimate reason or proper investigation. Delays in processing claims – Unnecessarily delaying the investigation or payment of a claim. Inadequate investigation – Failing to conduct a thorough investigation before denying a claim. Misrepresentation of policy terms – Providing false or misleading information about coverage or policy terms. Lowball settlement offers – Offering significantly less compensation than what is owed under the policy. California insurance bad faith damages If... --- - Published: 2024-04-11 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/brain-injury-faqs/is-a-stroke-a-traumatic-brain-injury/ - FAQ Type: Brain Injury Yes, a stroke is a kind of traumatic brain injury that results from a sudden interruption of blood flow and oxygen to a particular part of the brain or from a blood vessel leaking or rupturing, resulting in bleeding in the brain. A California brain injury lawyer will work to determine if another person’s negligence caused your stroke and traumatic brain injury (TBI). Is there more than one type of stroke that can result from an accident? A vessel rupturing, allowing blood to pool in the brain, can lead to a hemorrhagic stroke. This type of stroke can also result from a head injury after a car crash, slip-and-fall accident, or assault. Treatment for hemorrhagic strokes may require surgery, medications to reduce the pressure, and blood transfusions to support blood clotting to stop the bleeding. Reducing intracranial pressure is the goal to prevent life-threatening results. Can a motor vehicle accident lead to a stroke? Studies reveal that suffering a form of trauma that results in injuries, particularly to the head or neck, can lead to stroke. Ischemic stroke can occur, resulting from the blood supply being blocked or minimized to part of the brain. The risk for this type of stroke can remain elevated for two weeks following the traumatic event. Is a stroke the only TBI caused by car accidents? Various accidents can lead to strokes, a form of traumatic brain injury. Getting medical treatment after an accident is essential to protect from the dangers of stroke and TBI and... --- - Published: 2024-04-11 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/brain-injury-faqs/how-does-a-brain-injury-affect-my-ability-to-return-to-work-and-earn-a-living/ - FAQ Type: Brain Injury If you’ve suffered a brain injury in an accident, you may be facing many problems after your injury. You may face financial hardship between being unable to work and mounting medical bills. If someone else’s negligence caused your brain injuries, a San Luis Obispo brain injury lawyer from Ernst Law Group can help you obtain compensation. What factors affect returning to work after a brain injury? After suffering a brain injury in an accident, you may be faced with physical, emotional, cognitive, social, behavioral, and functional problems. Brain injuries can range from mild to severe. Your brain injury may leave you with the following problems that can impact your ability to earn a living: Loss of fine motor skills Fatigue Chronic pain Vision problems Difficulty focusing and completing tasks Becoming frustrated easily Memory problems Difficulty multitasking Difficulty problem-solving Feeling overwhelmed Loss of stamina Slurred speech Difficulty with reading comprehension Tinnitus Lack of motivation Many resources are available to help individuals with brain injuries return to work. In addition to vocational and rehabilitation programs, you should consider consulting with a brain injury attorney in San Luis Obispo. We can help you obtain compensation for your damages, such as medical bills and lost wages. Is it possible to return to work after a traumatic brain injury? Brain injuries can affect training, finding a job, interviewing, starting a job, learning new tasks, and remaining employed. Although challenging, it’s possible to return to work after a traumatic brain injury. Most individuals who suffer brain... --- - Published: 2024-04-11 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/brain-injury-faqs/can-a-traumatic-brain-injury-occur-without-loss-of-consciousness/ - FAQ Type: Brain Injury Although loss of consciousness is one of the main indicators of a traumatic brain injury (TBI), it’s not the only one. Other indications like dilated pupils, confusion, chronic headaches, and personality changes are also symptoms of a TBI. So if you hurt your head in an incident that wasn’t your fault, you may be able to recover compensation for damages related to TBI. Brain damage is unique to the individual – no two cases are alike, which is why it’s so important to seek medical attention after hitting your head. Loss of consciousness and brain injuries A blow to the head can cause a mild to severe brain injury that often renders the victim unconscious for anywhere from a few minutes to more than an hour. Brain injuries may happen in several ways: Penetration of the skull and brain tissue with a foreign object Blow to the head Violent motion of the neck, causing the head to move rapidly back and forth The last scenario is common in car accidents when the whiplash motion of a neck injury causes the brain to collide with the inside of the skull. This leads to swelling, bruising, and bleeding in the brain tissue. Although many people don’t lose consciousness after a whiplash injury or being struck on the head, it’s not uncommon for significant brain damage to occur. Symptoms of a brain injury without loss of consciousness The physical symptoms of a TBI without loss of consciousness are the same as the symptoms... --- - Published: 2024-04-11 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/brain-injury-faqs/what-is-anoxic-brain-injury/ - FAQ Type: Brain Injury Any kind of incident that reduces or stops blood flow to the brain can lead to an anoxic brain injury, which can cause severe and permanent damage and loss of function in a very short period (often in less than five minutes). These injuries can happen due to negligence, such as in a car accident or medical malpractice. When this happens, you or your loved one can seek compensation for your damages. To understand more about anoxic brain injury, an experienced San Luis Obispo brain injury attorney from Ernst Law Group answers some of the frequently asked questions we receive.   Please note: Anoxic brain injury is not the same as hypoxic brain injury. Click to learn about hypoxic brain injuries. What causes anoxic brain injury? Any kind of incident that reduces or stops blood flow to the brain can lead to an anoxic brain injury. Drowning, suffocation, or being choked can prevent a person from taking in oxygen through the lungs. Other causes include carbon monoxide poisoning. Some of the most common causes stem from other people’s careless actions. For example, if someone pushes you off a dock or boat into the water, knowing you can’t swim, they could be liable for any brain injury you suffer. Another instance might be if a medical practitioner fails to monitor your vital signs properly during a procedure. You could experience a loss of blood oxygen, leading to anoxia. Other situations that could lead to an anoxic brain injury include: Injuries from... --- - Published: 2024-04-11 - Modified: 2025-08-27 - URL: https://www.ernstlawgroup.com/brain-injury-faqs/what-is-acquired-brain-injury/ - FAQ Type: Brain Injury The term “acquired brain injury” simply means the injury occurred after a person is born. These injuries often result in lifelong disability or even death. When someone’s actions are negligent and lead to an acquired brain injury, the victim may have the right to seek compensation with the help of a qualified San Luis Obispo brain injury attorney. The team at Ernst Law Group answers your frequently asked questions about acquired brain injuries. What is an acquired brain injury (ABI)? To properly explain what an acquired brain injury is, first, we need to explain what it isn’t. ABIs are not caused by genetic or degenerative conditions (examples include fetal alcohol syndrome and Alzheimer’s Disease). Nor are they caused by trauma at birth.   Examples of acquired brain injury include: Traumatic brain injury (TBI) – This is a brain injury due to a sudden, violent blow to the head or body. TBIs frequently result from motor vehicle accidents, physical assaults, slip/trip and fall injuries, and explosions. TBIs include concussions, contusions (brain bruising), and hematomas (bleeding inside or near the brain). Anoxia/Hypoxia – These are brain injuries caused by a total or partial lack of oxygen flow to the brain. Brain cells begin to die when deprived of oxygen after four minutes, and permanent brain damage may occur in as little as five minutes. Stroke—This is brain damage caused by a lack of oxygen due to decreased blood flow or an arterial rupture in the brain. Encephalopathy (includes California encephalitis) – This... --- - Published: 2024-04-11 - Modified: 2025-08-27 - URL: https://www.ernstlawgroup.com/brain-injury-faqs/what-is-hypoxic-brain-injury/ - FAQ Type: Brain Injury Accidents involving the brain can be extremely damaging, leaving victims with a drastically altered future and staggering treatment bills. Injuries involving a lack of oxygen to the brain can happen through car accidents, assaults, fires, or medical malpractice. Regardless of how you or your loved one were harmed, a San Luis Obispo brain injury attorney is a valuable asset when seeking compensation for the negligence of others. What is a hypoxic brain injury? Hypoxic Brain Injury (HBI) refers to brain damage resulting from a partial lack of oxygen. Brain damage due to a complete absence of oxygen is referred to as Anoxic Brain Injury (ABI). The human brain uses approximately 20% of the body’s oxygen supply. When the oxygen flow is impeded due to injury, disease, or some other medical condition, the results may be deadly. Brain cells die after only four minutes when deprived of sufficient oxygen, and permanent brain damage can occur in as little as five minutes. What are the most common causes of HBI? HBIs can result from a wide variety of situations, including: Choking Near drowning Suffocation/strangulation Smoke inhalation Stroke Carbon monoxide poisoning Traumatic brain injury – A violent impact to the head, such as from a motor vehicle accident, physical assault, or a trip and fall incident Cardiac arrest Injury to the trachea (windpipe) High altitudes Drug abuse Identifying the cause and who is responsible for an HBI is a primary task for your brain injury attorney in San Luis Obispo. They must investigate... --- - Published: 2024-04-11 - Modified: 2025-08-27 - URL: https://www.ernstlawgroup.com/brain-injury-faqs/what-is-the-most-common-type-of-traumatic-brain-injury/ - FAQ Type: Brain Injury Concussions are the most common type of traumatic brain injury, which is caused by a sudden impact on a person’s head. A concussion is defined as a brief loss of normal brain function. When someone else is at fault for your brain injury, you have the right to seek compensation from them for your medical and other bills associated with your condition. To learn more about how to do this, schedule a free consultation with a San Luis Obispo brain injury attorney at Ernst Law Group. Causes of traumatic brain injuries Concussions and other TBIs typically result when the head suffers a bump, but they can also develop after any extreme movement that causes the brain to shift inside the skull. If the brain bumps against the skull, it can harm the delicate tissue. TBIs can be classified as primary, where damage is immediate, or secondary when the condition develops days or weeks after the initial injury. The Mayo Clinic lists the leading causes of TBIs include: Falls: When a person slips on liquids in a store, is pushed by another person, or falls on an icy sidewalk, they could suffer a TBI due to someone else’s failure to clean and secure the area. Motor vehicle accidents: Concussions and other TBIs are common injuries in car, truck, bicycle, and motorcycle accidents. Hitting your head can cause swelling or bruising in the brain, leading to damage in the hours following the crash. Physical violence: Domestic violence, shaking children, criminal assault, or... --- - Published: 2024-04-11 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/brain-injury-faqs/who-is-most-at-risk-for-acquired-brain-injury/ - FAQ Type: Brain Injury Trauma and strokes are the most common forms of Acquired Brain Injury. Statistically, the elderly, children, young people, and males are at the highest risk for these injuries. Traumatic Brain Injury Risk Statistics: Children ages 0-14 and young people 15-19 are at the highest risk for TBI. Adults over 75 are at the highest risk for hospitalization and death due to TBI. Men are nearly three times as likely to die from TBIs as women and have significantly higher rates of hospitalization and emergency room visits for non-fatal TBIs. An estimated 300,000 to 500,000 sports-related TBIs occur annually in the U. S. The activities with the highest number of injuries are cycling, football, baseball, softball, and basketball. Stroke Statistics: Nearly 75% of all strokes occur in people age 65 and over. The risk of stroke more than doubles each decade after a person turns 55. African Americans have higher stroke death rates compared to Caucasians. Current smokers are at double the risk of ischemic strokes compared to non-smokers. The highest rate of stroke deaths in this country occurs in the Southeastern U. S. and Mississippi Valley. --- - Published: 2024-04-11 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/brain-injury-faqs/how-can-you-tell-if-you-have-a-brain-injury/ - FAQ Type: Brain Injury The question "Can you have a brain injury and not know it? " is one that many people might not consider until they find themselves or a loved one facing unusual symptoms following an accident or traumatic event. Brain injuries can often go unnoticed, particularly in the early stages, leading to delayed diagnosis and treatment. Understanding the nuances of brain injuries, their symptoms, and the importance of timely medical intervention is crucial. At Ernst Law Group, we are dedicated to providing you with the information you need to recognize and address potential brain injuries. Keep reading to learn more, then call our skilled San Luis Obispo brain injury lawyers at (805) 541-0300. Can you have a brain injury and not know it? The simple answer is yes; you can have a brain injury and not know it. Brain injuries are not always immediately apparent, and symptoms can develop gradually. This delayed onset of symptoms can lead to the misconception that one is unharmed, which can be dangerous. Delayed symptoms of brain injuries Cognitive symptoms: Memory problems, difficulty concentrating, confusion, and disorientation can develop slowly. Physical symptoms: Headaches, dizziness, fatigue, and balance issues might not be immediately noticeable. Emotional symptoms: Mood swings, irritability, anxiety, and depression can emerge gradually and be mistaken for stress or other mental health issues. Why do some brain injuries go unnoticed? There are a few reasons why traumatic brain injuries may go unnoticed: Mild initial symptoms: Early symptoms can be so mild that they are easily... --- - Published: 2024-04-11 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/brain-injury-faqs/what-is-an-acute-or-severe-brain-injury/ - FAQ Type: Brain Injury Acute brain injury is another term for severe brain injury. The medical definition is a brain injury that results in loss of consciousness for 6 hours or more and rates a score of 3 to 8 on the Glasgow Coma Scale. When you or a family member suffers harm from another person’s negligence that causes coma or other brain damage, speak with a San Luis Obispo brain injury attorney to discuss your legal options. Using the Glasgow Coma Scale to diagnose TBI This is a system used by physicians and other medical personnel to diagnose and assess the symptoms of a Traumatic Brain Injury (TBI). It is a 15-point scale that measures motor responses (muscular movement), verbal responses (speech, sounds), and eye movement. Scoring on the Glasgow Coma Scale How are brain injury severities graded? Physicians use several methods to total the number of points, with the following classifications: 13 – 15 – Mild disability 9 – 12 – Moderate disability 3 – 8 – Severe disability, reflecting a coma (unconscious state) where there are no meaningful responses or voluntary activities 0 – 2 – Vegetative state The Glasgow Coma Scale provides a standardized assessment that can be updated as the patient’s condition changes. Although the word “coma” is in the name, it measures the state of the victim’s consciousness, including how awake, alert, and oriented they are. Elements of this diagnostic instrument are part of every brain injury medical evaluation. Common effects of a severe TBI The most common... --- - Published: 2024-04-11 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/brain-injury-faqs/traumatic-brain-injury-accommodations/ - FAQ Type: Brain Injury What workplace accommodations can I ask of my employer after sustaining a brain injury? Traumatic brain injuries might affect your ability to perform your job at the same level as before your accident. You might have difficulty focusing, you might have photosensitivity, you might be more fatigued and require more breaks, or you might require more or different communication.   Continue reading to learn more about the accommodations you can request from your employer. If you have questions or if you believe your employer isn’t following the law regarding disabled employees, call Ernst Law Group at (805) 541-0300. The Americans with Disabilities Act (ADA) and Brain Injuries Qualifying for Accommodation Under the ADA The Americans with Disabilities Act (ADA) and the ADA Amendments Act of 2008 (ADA) use a legal definition of “disability,” which may differ from the definition used by other agencies. Under the ADA, a person has a disability if: They have a physical or mental impairment that substantially limits one or more major life activities or  If they do not currently have a disability but have a record of such impairment or Doesn’t have a disability but is regarded as having a disability The ADA provides protection to employees when the employer has more than 15 employees. These protections require employers to provide reasonable accommodations to qualified employees if the employee can perform the basic functions of the job. These “reasonable accommodations” are changes to accommodate an employee who has a disability without too much difficulty or... --- - Published: 2024-04-11 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/brain-injury-faqs/what-are-alternative-treatments-for-a-traumatic-brain-injury/ - FAQ Type: Brain Injury Traumatic brain injuries (TBI) are brain injuries caused by an external event – such as a fall or a car accident. Traumatic brain injuries are classified as mild, moderate, or severe. Conventional brain injury treatments include medications and rehabilitative therapies to help patients manage symptoms and relearn lost abilities. Most of the traumatic brain injuries diagnosed are of the mild variety. The primary treatment for mild TBI is rest. However, with the known association between mild TBI and a later development of neurodegenerative disease, interest has turned to developing alternative treatment options to address injuries that may develop secondary to TBI. Any type of brain injury can result in long-term consequences that are disabling and permanent. At Ernst Law Group, our San Luis Obispo brain injury lawyers help clients with significant brain injuries obtain the compensation they need to support their recovery. Alternative treatment options for traumatic brain injury (TBI) When a brain injury occurs, the first concern is to get the patient in stable condition. Once a patient is stabilized, attention is focused on preventing secondary damage that can occur as a consequence of the original injury. Secondary injuries are caused by the body’s own reaction to the injured brain and can be both acute and chronic. Secondary injuries from a TBI occur due to disruptions in the normal functioning of brain cells. These disruptions can lead to further damage and the development of disease over time. Secondary injuries that may benefit from alternative treatment include oxidative stress, mitochondrial... --- - Published: 2024-04-11 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/wrongful-death-faqs/what-is-wrongful-death/ - FAQ Type: Wrongful Death “Wrongful death” is a phrase lawyers use when a person gets killed by someone else’s wrongdoing. A wrongful death case is brought by the spouse and/or children of the person who was killed. This type of case specifically means that when someone died, there was a person or corporation who caused the death. For example, a car striking the side of a semi-truck at Wellsona Road in San Luis Obispo, California, could later result in a wrongful death case against the truck driver and the truck driver’s company for not having a truck with working warning lights on the side of the truck. Wrongful death cases are valuable cases because the goal of the case is to compensate for the loss of love, companionship, comfort, care, assistance, and numerous other affections that the victim would have provided their family if they had not been killed. Lawyers often group all of these categories together. They should NOT be grouped together. California Civil Jury Instruction (CACI) 3921 states: Juries must decide on a reasonable amount for every single type of loss. This is a very common mistake made by firms that do not regularly handle wrongful death cases. These cases are often worth seven figures because the death should not have occurred, and the million-dollar verdict or settlement is California’s rule to replace the loss of a loved one. What Is a Wrongful Death Lawsuit? A wrongful death lawsuit is filed because someone else’s wrongdoing killed someone, and the family is seeking... --- - Published: 2024-04-11 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/wrongful-death-faqs/how-long-will-my-case-take/ - FAQ Type: Wrongful Death There are two ways to litigate cases. There is the quick way and the thorough way. Some firms avoid trials and take lots of cases that will try to do a little investigation and try to settle the case quickly. These firms will always take your case, but they will try to wrap up the case in a few months (and generally get significantly less compensation — as little as 15 percent of the value of the case). Insurance companies defending wrongful death cases are thrilled when they are up against one of these law firms. Why? Because they know they will be able to settle the wrongful death case cheaply compared to what it is actually worth. The firms that maximize the value of a wrongful death case are the ones who will spend time, money and resources on investigation, evaluating plans, looking at product design and meeting with experts. This is the type of firm you want to hire if you have a wrongful death case, although the process will take longer. The average time for a thorough California wrongful death case is closer to 1 ½ to 2 years. The length of your case will depend on the specific facts of the case. Our firm has had wrongful death cases resolve for $2 million plus in a only few months, and then had wrongful death cases take more than two years before resolving for seven figures. It seems like a long time, but the victim only has... --- - Published: 2024-04-11 - Modified: 2025-08-07 - URL: https://www.ernstlawgroup.com/wrongful-death-faqs/who-can-file-a-wrongful-death-suit/ - FAQ Type: Wrongful Death In California, the right to file a wrongful death lawsuit is granted to specific family members and individuals who were financially dependent on the deceased. These include the surviving spouse, domestic partner, children, and, in some cases, parents, stepchildren, and other dependents. If no eligible family members file a claim, the personal representative of the deceased’s estate may bring a lawsuit on behalf of the estate. At Ernst Law Group, we specialize in wrongful death cases and are here to guide you through this complex process. Keep reading for more from our skilled San Luis Obispo wrongful death lawyers. If you lost a loved one in an incident that wasn’t their fault, reach out to schedule your free consultation today. Who can file a wrongful death lawsuit in California? California law outlines who can file a wrongful death lawsuit. The following parties are eligible. 1. Immediate family members The primary group with the right to file a wrongful death lawsuit includes the following family members: Surviving spouse or domestic partner – If the decedent was married or in a registered domestic partnership, the surviving spouse or partner has the primary right to file. Children – The deceased's biological or legally adopted children may file a lawsuit. If the decedent's children have also passed away, their children (the grandchildren) may have the right to file. Grandchildren – If the decedent's children are also deceased, grandchildren can file the claim. 2. Parents If the decedent was unmarried and had no children, the... --- --- ## Practice Areas - Published: 2025-01-09 - Modified: 2025-09-18 - URL: https://www.ernstlawgroup.com/california-truck-accident-attorney/ - Locations: California Who can be held liable for your truck accident? At Ernst Law Group, we have the resources and expertise to fully investigate your truck accident. We will meticulously identify and pursue all potentially liable parties to ensure you receive the full compensation you deserve. Several parties can be held liable in a truck accident. These include:Trucking companyTruck driverManufacturerMechanicThe entity responsible for road maintenanceWe evaluate the full extent of damage, not just physical injuryTruck crash injuries can result in more than just physical damage; they often lead to significant emotional and psychological distress. Conditions such as post-traumatic stress disorder (PTSD), depression, and anxiety are common among truck accident victims. Your settlement should encompass all aspects of your recovery, including medically necessary treatments for mental health concerns. At Ernst Law Group, we ensure that your compensation reflects the full extent of your damages, covering both physical and emotional impacts. We fight hard to recover maximum compensation for your lossesInsurance settlements may not be enough to compensate you fairly for your damages. With the support of a skilled truck accident attorney at Ernst Law Group, you can demand reimbursement for your remaining damages, such as the following. Economic damagesEconomic damages are the costs you have incurred due to your accident. These include:Your medical bills to date and those that will be incurred in the futureLost income (if you can no longer work)Property damage (repair or replacement of any items that were damaged as a result of the accident)Non-economic damagesNon-economic damages are more difficult... --- - Published: 2025-01-09 - Modified: 2025-08-06 - URL: https://www.ernstlawgroup.com/california-car-accident-lawyer/ - Locations: California If you’ve been injured in a car accident, it’s important to seek legal help from an experienced California car accident lawyer. Car accidents can change your life forever. The injuries you suffer can leave you unable to work, depressed, and with medical bills that will take years to pay off. You need an experienced attorney on your side who will fight for the compensation you deserve. The Ernst Law Group can help you get the money you need to cover your medical bills and other expenses so you can get back to living your life. Ernst Law Group is here to Help YouErnst Law Group is dedicated to helping you get compensation for all of your medical expenses, vehicle damage, and more. You may also be entitled to punitive damages from the car accident if the other party was egregiously negligent or intentionally malicious. Not only can we help you get compensation, but we will also support you through this trying time. We understand how car accidents can affect lives, and we will make sure you get the emotional support you need, too. What types of Damages can we help you recover from a car accident? Many car accident injuries can be recovered from your car insurance company. The three primary types are economic, non-economic, and punitive damages. Economic DamagesThese are funds that you have lost on account of the car accident. This includes missed work, medical bills, car repair expenses, etc. You can use economic damages to determine how... --- - Published: 2025-01-09 - Modified: 2025-09-11 - URL: https://www.ernstlawgroup.com/california-traumatic-brain-injury-lawyer/ - Locations: California A brain injury can change everything. If you or a loved one suffered a traumatic brain injury (TBI) in California, Ernst Law Group is here to help you seek justice and full compensation. At Ernst Law Group, our attorneys have represented more than 1,000 brain injury victims and recovered millions for clients facing the long-term effects of TBI. Whether caused by a car crash, fall, or medical error, a brain injury often means a lifetime of medical care, financial strain, and emotional hardship. We’re here to guide you through it. Call (805) 541-0300 for a free case review. Why choose Ernst Law Group for your brain injury case? Over 1,000 personal injury cases handledMillions recovered for TBI victimsRecord-setting verdicts, including $10. 23 million for a child with brain damageNo fees unless we win your caseOur firm brings decades of experience and nationally recognized results. Founding attorney Don Ernst was nominated as California Trial Lawyer of the Year, an honor shared by only a handful of attorneys out of more than 250,000 across the state. Brain injuries demand focused legal skill. We collaborate with top neurologists, life care planners, and forensic economists to build a case that captures the full impact of your injury. We serve clients across California and are ready to fight for you. We also bring a compassionate approach to each case. We understand that families dealing with TBIs are managing enormous emotional stress alongside medical and financial concerns. Our legal team helps relieve that burden by handling... --- - Published: 2024-04-24 - Modified: 2024-04-29 - URL: https://www.ernstlawgroup.com/cre-resource-center/ - Locations: San Luis Obispo What is CRE? Carbapenem-resistant Enterobacteriaceae, or CRE, is a family of germs that includes common species like E. coli and Klebsiella pneumoniae. Often, these germs are found in the gut. But, it can spread like an infection. To fully understand what CRE is, it’s important to understand what carbapenems are. These are antibiotics that are used to treat serious infections, usually as a last resort. As their name implies, CREs are resistant to these drugs, sometimes making treatment very difficult. Why Is It a Problem? As mentioned above, CRE are resistant to our most powerful antibiotics. That means if they spread from person to person, they could cause something of an epidemic. Fortunately, with enough time, doctors can find an antibiotic that is effective against the CRE, as fully resistant germs are rare. However, if waiting is not an option, there are other treatments available. Who is Usually Affected? In general, people who are in good health aren’t affected by CRE. It is those who have chronic health problems that are at the most risk. For one, those who are sick generally have a weaker immune system, which allows CRE to thrive. And secondly, a common way CRE is spread is through medical equipment like ventilators or catheters. If one person is affected, it can spread to people who come in contact with that person’s wounds or stool. Noteworthy Cases CRE infections are a somewhat new problem. This is because as we as a society sanitize everything more and more... --- - Published: 2024-04-24 - Modified: 2024-04-26 - URL: https://www.ernstlawgroup.com/chorro-car-accident-attorney/ The beautiful roads of Chorro, CA are sometimes the scene of unfortunate accidents. If you have been hurt in a collision in Chorro, you have the right to pursue an injury claim against all at-fault parties involved in your accident. An experienced car accident lawyer in Chorro, CA, can represent your case, investigate the fault, and help you determine the total amount of damages your accident could be worth. They can also negotiate with insurers, who often try to undercut the full value of your claim. Speak with a Chorro car accident attorney for free during a no-obligation case review when you call Ernst Law Group at (805) 586-0194 or contact us online. Schedule your appointment now, and learn what forms of compensation could be available. What kind of compensation is available after a Chorro, CA car accident? When you are involved in a car accident with someone else who was driving recklessly or negligently, you can file a third-party bodily injury liability insurance claim against the driver (or drivers) who hit you. Common forms of compensation provided in an injury claim include: Medical bill repayment Out-of-pocket treatment costs Future medical bills and necessary care Lost wages Pain and suffering Vehicle repairs How hiring a car accident lawyer in Chorro can help you Not many people are aware of their legal rights, including the right to pursue a personal injury claim after they have been hurt in an accident. Any time you have been injured through the fault of someone... --- - Published: 2024-04-19 - Modified: 2024-04-29 - URL: https://www.ernstlawgroup.com/san-luis-obispo-breach-of-contract-attorney/ - Locations: San Luis Obispo Breach of Contract is a business tort where one party, who signed a contract, did not complete their obligation. Most contract breaches are easy to identify. A contract is breached when a signatory, did not fulfill their duty as specified in the contract document. Therefore they breached the obligation of the contract. It is more difficult to determine the next two steps: whether the breach was material, and if it was material, what were the damages that resulted from the breach. For you to win, the contract must be a valid contract at law, the breach must be material, and the damages must be able to be determined with substantial certainty. The value of your case will be determined by the value of the material breach that can be proved to this “substantial certainty” standard. If we are representing you in a breach of contract action, we must prove the standard set forth in the Restatement (Second) of Contracts. More specifically, the section to determine whether a specific failure constitutes a breach:In determining whether a failure to render or to offer performance is material, the following circumstances are significant: (a) the extent to which the injured party will be deprived of the benefit which he reasonably expected; (b) the extent to which the injured party can be adequately compensated for the part of that benefit of which he will be deprived; (c) the extent to which the party failing to perform or to offer to perform will suffer forfeiture; (d)... --- - Published: 2024-04-19 - Modified: 2025-08-01 - URL: https://www.ernstlawgroup.com/los-angeles-truck-accident-lawyer/ - Locations: Los Angeles If you or a loved one have been injured in a truck accident in California, you have the right to hold the negligent parties accountable. Whether it is the fault of the driver, the trucking company, a manufacturer, or the local government that maintains the roads, an Los Angeles truck accident lawyer with the Ernst Law Group is here to support you in your claim. Our firm has the resources to go up against large corporations. We'll help you take on trucking companies with large insurance providers who try to intimidate you into getting what you deserve. For no fee, until we win, our expert Los Angeles truck accident lawyers will provide you with the best representation to ensure justice is served. Call us today for a free, no-obligation quote. What do I do if I’m involved in a truck accident in California? After a truck accident, your world has been shaken. It isn’t easy to consider what to do next. However, these next steps are crucial to ensuring your safety and protecting your rights. Take the following steps after a truck accident: 1. Get to safety. Truck accidents can severely damage vehicles, potentially leaking hazardous chemicals or flammable fluids. For your safety, it is advised that you get away from the vehicle, but only if you can extract yourself safely. 2. Move off the roadway. Most truck accidents occur on highways and rural roads. These are areas with high-speed limits that mean other cars will be coming past you... --- - Published: 2024-04-19 - Modified: 2025-07-15 - URL: https://www.ernstlawgroup.com/los-angeles-personal-injury-lawyer/ - Locations: Los Angeles Speak with an experienced Los Angeles personal injury lawyer from the Ernst Law Group who always puts their clients first. We work hard to protect you from unfair settlements and defendants trying to shift the blame onto you. Ernst Law handles a wide range of personal injury cases At Ernst Law Group, we represent people who’ve suffered serious injuries due to someone else’s negligence. Our Los Angeles personal injury lawyers focus on high-impact cases, where the stakes are life-changing and the need for strong legal advocacy is urgent. If you or a loved one has been injured, we’re here to help you pursue maximum compensation for damages. Brain injury Brain injuries can affect memory, mobility, mood, and overall quality of life. We work closely with medical experts to build strong TBI cases and secure compensation for long-term care, therapy, and lost income. Car accidents From rear-end crashes to reckless freeway collisions, we handle all types of car accident claims. Our attorneys investigate, deal with insurance companies, and fight to get you paid for medical bills, missed work, and pain and suffering. Truck accidents Truck accidents often involve complex liability and devastating injuries. We go after trucking companies, drivers, and insurers to uncover the truth and fight for the full compensation you’re owed. Reasons to Choose Ernst Law Firm as Your Personal Injury Attorneys We only get paid if you win. We don’t prioritize payment over your well-being. Other firms accept low settlement offers to avoid lengthy trials. They counsel their... --- - Published: 2024-04-18 - Modified: 2025-08-01 - URL: https://www.ernstlawgroup.com/los-angeles-car-accident-lawyer/ - Locations: Los Angeles Car accidents are traumatic events with long-lasting repercussions. Insurance companies will try to downplay your suffering. At The Ernst Law Group, Our Los Angeles car accident lawyer knows that you deserve better. Our business is built around helping clients like you collect the damages they’re owed so they can focus on healing. How Ernst Law Group Can Help You Ernst Law Group has worked for over 35 years, dedicated to securing the maximum compensation available for our clients' suffering. Our commitment to justice and client advocacy has resulted in numerous landmark victories, including a case where we won over $10 million in damages for a truck accident in California. This is just one example of how our experienced legal team has been instrumental in helping clients recover the compensation they deserve. When you choose Ernst Law Group, we guide you through every step of the legal process, ensuring you feel supported and informed. Here’s how we can help. Comprehensive Case Evaluation We start by thoroughly assessing your case, including investigating the details of your accident, gathering evidence, and consulting with experts as needed to build a strong foundation. Determining Liability Our attorneys work diligently to determine who is at fault and hold all responsible parties accountable. This may include trucking companies, drivers, manufacturers, or other entities. Calculating Maximum Damages We don’t just look at your immediate medical expenses. We consider all aspects of your losses, including future medical costs, lost wages, pain and suffering, and long-term impacts on your quality... --- - Published: 2024-04-18 - Modified: 2025-08-06 - URL: https://www.ernstlawgroup.com/los-angeles-brain-injury-lawyer/ - Locations: Los Angeles Traumatic brain injuries account for one-third of all injury-related deaths in the United States, with adults over 75 at the highest risk. Approximately 52,000 individuals die every year due to a traumatic brain injury, while over a million Americans who have suffered a traumatic brain injury require ongoing assistance to perform daily tasks. At the Ernst Law Group, an expert Los Angeles brain injury lawyer fights to get our clients the compensation they deserve. We won over $10 million for a client who suffered a severe traumatic brain injury after being struck on his bike outside of a shopping center. Our Los Angeles personal injury team ensured that he received the damages he was due and worked to increase safety regulations at shopping centers across the state to prevent future accidents. Get the most compensation for your brain injury by calling Ernst Law Group today. What Is a Traumatic Brain Injury? According to the CDC, a traumatic brain injury (TBI) is a disruption in regular brain function due to a blow to the head or a penetrating head injury. Many people associate traumatic brain injury with playing contact sports, such as football. They assume that they cannot be injured in this way unless they are physically tackled. However, this is not the case. Car accidents, construction site accidents, and slips and falls are a few more common sources of TBIs. There are two types of traumatic brain injury: mild and severe. Mild traumatic brain injury is a temporary disruption to... --- - Published: 2024-04-17 - Modified: 2025-08-01 - URL: https://www.ernstlawgroup.com/california-personal-injury-lawyer/ - Locations: California If you have been injured in an accident that wasn’t your fault, you may be wondering if you need a lawyer. The answer is most likely yes. A California personal injury lawyer can help you get the compensation you deserve for your medical bills, lost wages, and more. Ernst Law Group is highly experienced in handling personal injury cases. We will work with you to get the compensation you deserve for your injuries. Contact us today for a free consultation. Why Choose Ernst Law Group As Your California Personal Injury Attorney? No money upfront. Our California personal injury lawyer can provide the best possible representation for everyone, regardless of their ability to pay. When you hire us, we will take care of all expenses and fees before we take a single penny out of your case. We receive payment only if we win your case and collect damages for you. Every case is prepared for trial. Ernst Law Group prepares to take every case to trial if necessary. We believe this strategy maximizes the amount of compensation some clients receive for their injuries and losses. Other injury lawyers focus on settlements, trying to save time and make money quickly. They disregard what is best for their clients, such as getting higher compensation from a trial. We don't do that. We want to get you the best settlement possible, and we do not shy away from a trial. Maximum compensation is pursued for every injury. We don't back down, no matter... --- - Published: 2024-04-12 - Modified: 2024-04-18 - URL: https://www.ernstlawgroup.com/san-luis-obispo-probate-trial-lawyers/ - Locations: San Luis Obispo We are trial lawyers who specialize in specific types of inheritance theft. Whether it is manipulating someone before death, theft, or outright forgery of a will, we have strategies to protect and secure what is rightfully yours. We are dedicated to providing tools and information relating to your rights, specifically dealing with wills that defraud. When lawsuits involve large sums of money or property a trial lawyer is essential to the best outcome, specifically a trial lawyer that has experience in the law and procedure relating to wills and trusts. Probate Litigation We Specialize In It is not that uncommon that children of a deceased parent find out shortly following a parent’s death that their mother or father amended their trust shortly before they died and gave a large gift to a caretaker/caregiver, nurse, or other care provider. This often comes as a shock to the family, considering that the amendment was executed during a time when their mother or father suffered from any one or a combination of the following factors: The parent was ill or suffered from a debilitating medical condition; The parent suffered from cognitive impairments such as dementia or Alzheimer’s disease; The parent suffered from memory loss; The parent had difficulty communicating with others; The parent lived alone and required assistance for daily living; The parent required companionship, housekeeping, shopping, cooking, and/or assistance with finances and required the hired help of others to accomplish these tasks. Families confronted with this situation often do not have direct... --- - Published: 2024-04-12 - Modified: 2024-12-19 - URL: https://www.ernstlawgroup.com/san-luis-obispo-wrongful-death-lawyers/ - Locations: San Luis Obispo A loved one’s death is always a tragedy. In the most heartbreaking cases, however, it could have been avoided if only someone else had been more careful. This is what is legally considered a “wrongful death”—the loss of a life due to someone’s misconduct or negligence. The law says that when a wrongful death is committed, the person who caused it is responsible, even if they did not cause it on purpose. As San Luis Obispo wrongful death lawyers, we are dedicated to upholding that law and helping your family. You can find a list of the most common heavy duty vehicles involved in truck accident injuries and deaths below. Click on the section headings to learn more about the respective vehicle, including relevant laws and statistics for personal injury victims. Our San Luis Obispo personal injury lawyers understand that the law for a wrongful death was established to help keep our communities safe and prevent people from acting in a way that causes risks to the people around them. This can include many types of situations, such as an employer who doesn’t provide workers with adequate safety equipment, a property owner who leaves a dangerous well uncovered, or a reckless driver who causes a car accident. All of these people failed to take basic, reasonable precautions to protect those around them. Many other situations count as wrongful deaths as well. If your loved one has been killed due to someone else’s actions or negligence, you have legal options. Call... --- - Published: 2024-04-12 - Modified: 2025-10-01 - URL: https://www.ernstlawgroup.com/san-luis-obispo-truck-accident-attorney/ - Locations: San Luis Obispo If you have been injured in a semi-truck accident or a collision with another heavy-duty vehicle, knowing the classification of the vehicle and the laws related to its operation can help you determine a more effective case strategy. You can, therefore, increase your chances of obtaining fair compensation for the injuries or damages you have suffered. Don’t wait; speak to an experienced California semi-truck accident lawyer today to start your case and get the best chance at recovering full damages. You can find a list of the most common heavy-duty vehicles involved in truck accident injuries and deaths below. Click on the section headings to learn more about the respective vehicle, including relevant laws and statistics for personal injury victims. What is a semi truck? A “semi-truck” is a freight-hauling vehicle consisting of a heavy-duty cab/engine attached to a large, multi-axle trailer. The combination of a cab and trailer is also sometimes called an eighteen-wheeler, a tractor-trailer, a big rig, and, in Great Britain, an “articulated lorry. ” Google Trends data shows that “semi-truck” is the most common term for the vehicle across most U. S. states. The exceptions are along the eastern seaboard, where “tractor-trailer” is most common, and in the south, where “eighteen-wheeler” is frequently uttered. Semi-trucks get their name from semi-trailers. Since a semi-trailer does not have front wheels and cannot be hauled on its own without a truck cab, it is known as a “semi” trailer rather than a full or complete trailer. Since the specialized... --- - Published: 2024-04-10 - Modified: 2025-08-01 - URL: https://www.ernstlawgroup.com/san-luis-obispo-dog-bite-injury-lawyer/ - Locations: San Luis Obispo Dogs bite more than 5 million Americans each year, and many of these incidents could have been prevented if owners had taken proper precautions to protect others in their community. In California, dog owners are held legally responsible for any injuries or damages caused by their pets. This strict liability law ensures that victims of dog bites have a clear path to seek justice and compensation for their suffering. Dog bites can leave lasting scars—both physical and emotional. A serious attack can lead to extensive medical treatment, permanent disfigurement, and even a lifelong fear of dogs. When a dog displays aggressive behavior, its owner has a responsibility to prevent it from harming others. Failing to take appropriate action puts others at risk, and the law recognizes this negligence by holding the owner accountable for the damage caused. If a dog has injured you or a loved one, you don’t have to face the aftermath alone. Our experienced legal team is here to help you understand your rights and pursue the compensation you deserve. Contact us today for a free consultation and let us help you take the first step toward justice. How Can Ernst Law Group Help You? At Ernst Law Group, we bring over 35 years of experience to helping dog bite victims recover the compensation they deserve. Our seasoned San Luis Obispo dog bite injury lawyers understand the challenges victims face, from mounting medical bills to emotional trauma, and we are here to provide expert guidance every step... --- - Published: 2024-04-10 - Modified: 2024-05-23 - URL: https://www.ernstlawgroup.com/san-luis-obispo-osha-lawyer/ - Locations: San Luis Obispo The Occupational Safety and Health Administration, or OSHA, is a national agency dedicated to keeping employees — and employers — safe. There are many national rules about what employees and employers can and cannot do, safety standards, and other regulations that must be met. While these standards are universal, some things are left to the state. This includes how to handle violations. In California, rule violations are handled by both the national OSHA body and the state. What makes the state unique is how it handles workers’ compensation. Under California law, once workers’ compensation has been figured out, employees cannot sue their employers for further payout. However, there may be some workarounds that will help you get more money for your injuries. The Ernst Law Group can help you utilize these and get the compensation you truly deserve. The Basics of OSHA in California The first thing to note is that OSHA does not handle every workplace incident. If it did, they would be bogged down for years. Rather, specific kinds of accidents are what they specialize in. In order for OSHA to open an investigation, at least one of these four criteria must be met: There is a fatal injury to one or more employees. Serious injury or illness at the workplace Serious exposure to some harmful substance Inpatient hospitalization of at least three employees. The Occupational Safety and Health Administration, or OSHA, is a national agency dedicated to keeping employees — and employers — safe. There are many... --- - Published: 2024-04-10 - Modified: 2024-04-26 - URL: https://www.ernstlawgroup.com/san-luis-obispo-class-action-attorney/ - Locations: San Luis Obispo The Ernst Law Group has successfully been litigating Class Actions for over a decade. These cases are complex and require strategy and tenacity to prevail. The attorneys at the Ernst Law Group have litigated class actions successfully and have recovered over 100 million dollars on behalf of our clients. These recoveries are cash recoveries, and as our firm does not believe in coupon settlements. Our class members receive a check in the mail. The following are different areas of class cases the Ernst Law Group may be interested in: Wage and Hour Consumer Class Actions Price Fixing Annuity Fraud Medi-Care Fraud Medi-Cal Fraud As with all class action litigation, a class representative is needed. If you feel like you have been the target of some scheme or practice, there are certain time limits in which you must take action to protect your legal rights. Failure to act accordingly may compromise or eliminate your rights. If any of the cases above have wronged you, feel free to reach out to us at the Ernst Law Group for a free consultation. We operate on a contingency fee, meaning we pay all of the costs of the trial upfront, and we only get paid when we win your case. We are confident in our abilities to provide you additional information, and explain how we can help. --- - Published: 2024-04-10 - Modified: 2025-10-01 - URL: https://www.ernstlawgroup.com/san-luis-obispo-hit-and-run-accident-attorneys/ - Locations: San Luis Obispo In California, a victim of a hit-and-run accident resulting in injury may be entitled to compensation in a personal injury lawsuit if the accident was a result of the negligent actions of another. If the accident resulted in a fatality, the deceased’s relatives may file a wrongful death lawsuit for compensation. The Ernst Law Group has extensive experience successfully winning large case settlements for injured persons who have been harmed in hit-and-run and other accidents. Why do Drivers “Hit and Run? ” It is illegal for a driver to flee after striking another person. A driver who strikes another vehicle, motorcyclist, bicyclist, or pedestrian must immediately stop and obtain aid. It is human and considerate to render assistance to an injured party. Why, then, do drivers hit and run? There are several common reasons: Unlicensed driver – driver fears getting into more trouble for driving without a license Uninsured driver – driving illegally without insurance A person is without legal status to be in the country – and may fear arrest, deportation The driver has a criminal background – the hit-and-run driver may fear being discovered and identified by authorities because of a criminal background or may have a pending criminal case that may be “on the lam. ” Fear – sometimes, a hit-and-run driver panics and flees due to fear The driver is under the influence of drugs or alcohol – either didn’t realize the accident occurred or is fearful of facing penalties Driver unaware of accident – in... --- - Published: 2024-04-10 - Modified: 2025-04-02 - URL: https://www.ernstlawgroup.com/tesla-autopilot-crash-lawyer/ - Locations: California While Tesla's may seem like the vehicles of the future, we are far from a reality in which we can fully trust self-driving vehicles. Drivers must remain cautious and vigilant at all times when behind the wheel of cars equipped with auto technologies. Tesla Autopilot crashes are on the rise due to a combination of over-reliance on new technology, distracted driving, and a lack of preventative safety measures on Tesla’s part. If you or a loved one have been involved in an autonomous vehicle accident, we urge you to contact the Tesla Autopilot crash lawyers at the Ernst Law Group. What is Tesla Autopilot? Tesla’s Autopilot program is an advanced driver assistance system. As one of Tesla’s most popular features, it is intended to enhance safety and convenience behind the wheel with the following tools: Traffic-aware cruise control: Adjusts the speed of the Tesla to that of the surrounding traffic Autosteer: Assists in steering within a clearly marked lane with the use of traffic-aware cruise control When drivers engage Tesla Autopilot, the car can steer, accelerate, and brake automatically within its lane. While Autopilot does not make the vehicle a fully autonomous, self-driving vehicle, it does take on many driving responsibilities on behalf of the driver. However, despite the autonomous capabilities of Autopilot, drivers must remain as alert and vigilant as they would if they were not driving in Autopilot. This includes keeping their hands on the wheel and eyes on the road. How does Tesla Autopilot work? According to... --- - Published: 2024-04-10 - Modified: 2024-04-26 - URL: https://www.ernstlawgroup.com/san-luis-obispo-product-liability-attorney/ - Locations: San Luis Obispo If you have been harmed by a defective product or a product that was designed in a way that is dangerous to the public, a San Luis Obispo product liability attorney with the Ernst Law Group can help. If you think a serious product defect has harmed you or want to find out more, you can set up a free consultation with us by calling our office. Our San Luis Obispo personal injury lawyers have successfully litigated product defect cases for more than 30 years and recovered millions of dollars on behalf of our clients. Product liability law was created to protect the public from defective products. We have designed an FAQ (link FAQ) detailing what to do if you think you have encountered or been harmed by a defective product. If a product harms you, two different parties can be held responsible. The two different parties are the Suppliers and the Manufacturers. Supplier Liability A San Luis Obispo product liability attorney in California can hold any supplier of a defective product to the public responsible for the safety of those products. A supplier is anyone who distributes or sells a product. Any supplier of the defective product can be held liable. The goal of the law is to prevent anyone from being given any unsafe product. Manufacturer Liability: Any manufacturer of a defective product is responsible for making sure of the safety of their products. A manufacturer is anyone who distributes or sells a product. Any manufacturer of the... --- - Published: 2024-04-10 - Modified: 2025-10-01 - URL: https://www.ernstlawgroup.com/san-luis-obispo-pedestrian-accident-lawyers/ - Locations: San Luis Obispo Drivers don’t always uphold their duty to ensure pedestrian safety, leading to accidents with devastating consequences. With little protection, pedestrians often suffer severe injuries when struck by vehicles. Instead of dealing with insurance companies while you recover, let a San Luis Obispo pedestrian accident attorney prioritize your rights and fight for the compensation you deserve. At Ernst Law Group, our dedicated pedestrian accident lawyers are here to help you pursue maximum compensation for your injuries. Don’t settle for less—schedule a free consultation with our team today to start your case. Dedicated advocacy with compassionate client careWhen you are injured because of someone else’s carelessness, you should not have to shoulder financial burdens or physical injuries. Ernst Law Group fights against that unfairness by advocating for injury victims’ rights. We stand for justice. Our approach goes beyond exceptional legal advocacy. Our San Luis Obispo personal injury lawyers value the attorney-client relationship, treating you as a person, not just a case number. We listen to your concerns, respect your input, communicate regularly, and offer support to get through a particularly difficult time. We are here to help you rebuild and move toward a peaceful, financially secure future. Your legal rights as an injured pedestrian in San Luis ObispoRepresentatives for the party who caused your injuries aim to protect themselves, not honor your rights as an injury victim. Ernst Law Group knows your rights and is here to help uphold them:1. Right to a safe walking experienceDrivers owe pedestrians a duty of care,... --- - Published: 2024-04-10 - Modified: 2024-05-21 - URL: https://www.ernstlawgroup.com/san-luis-obispo-spinal-cord-injury-lawyers/ - Locations: San Luis Obispo A spinal cord injury is unquestionably one of the most debilitating, life-threatening injuries an accident victim can sustain. These injuries may result in partial or full paralysis, requiring a lifetime of personalized care. Caring for a spinal cord injury comes at a high price. Some spinal cord injury victims require assistance from a nurse or aide 24 hours a day. For many, the only way they can afford this level of care is by filing a claim against responsible parties. But they can’t do it alone; Ernst Law Group San Luis Obispo personal injury lawyers leverage 60 years of experience to help victims of severe injuries collect compensation. Talk to a San Luis Obispo spinal cord injury lawyer during a free, no-obligation case review. Call (805) 541-0300 or contact us online to schedule your appointment now. What kind of accidents lead to spinal cord injuries? Severe accidents usually cause spinal cord injuries. According to statistics from the National Spinal Cord Injury Statistical Center (NSCISC), the most common incidents that lead to a spinal cord injury include the following. Motor vehicle accidents Motor vehicle accidents are the leading cause of spinal cord injuries in the U. S. From 2015-2019, vehicle crashes accounted for 38. 6% of all spinal cord injury cases. A spinal cord injury is more likely to happen in a serious car accident or one where the two vehicles involved have dramatic weight differences. In truck accidents, events like a rollover, jackknife, or underride have a high likelihood of... --- - Published: 2024-04-10 - Modified: 2025-05-21 - URL: https://www.ernstlawgroup.com/san-luis-obispo-motorcycle-accident-lawyer/ - Locations: San Luis Obispo Motorcyclists often face severe injuries in collisions, leading to distress and financial strain due to mounting medical expenses. At Ernst Law Group, our attorneys understand motorcyclists' challenges, including biases and complex legal hurdles. Contact our San Luis Obispo personal injury lawyers if you or a loved one has been injured in a motorcycle crash. Fill out the form or call (805) 779-3630 to schedule a free consultation. What are some common motorcycle accident injuries? Motorcyclists are particularly vulnerable on the road, facing a higher risk of severe injuries than other vehicle operators. This vulnerability stems from the inherent lack of protection a motorcycle offers and other drivers' difficulty in seeing motorcycles. Types of injuries typically sustained in motorcycle accidents are often severe and include:Traumatic brain injuriesSpinal cord injuriesBroken bonesLoss of limbsInternal organ damageBurns and road rashScarring and disfigurementSoft tissue damagePost-traumatic stress disorder (PTSD)AnxietyDepressionWrongful deathHow much does it cost to hire a San Luis Obispo motorcycle accident attorney? At Ernst Law Group, we believe in making legal support accessible. Our attorneys work on a contingency fee basis, meaning clients pay no fees unless we successfully resolve their claim. This arrangement aligns our mutual interests and removes financial barriers to seeking justice. We also offer free initial consultations, allowing potential clients to start their legal journey without financial risk. What are the steps to take after a motorcycle crash? To protect your rights, we strongly advise that you follow these steps:If possible, move from the road to a safe area. Keep on... --- - Published: 2024-04-10 - Modified: 2024-04-26 - URL: https://www.ernstlawgroup.com/san-luis-obispo-elder-abuse-attorney/ - Locations: San Luis Obispo One of the most egregious forms of abuse takes place every day in thousands of facilities and homes throughout the country, affecting our elderly loved ones. Elder abuse occurs wherever elders are cared for, including: Retirement facilities Nursing homes Long-term care facilities Rehabilitation facilities In-home care providers Elder abuse is the intentional or negligent mistreatment of elderly clients. The children and grandchildren of these beloved elders would never in a million years suspect that they placed them in harm’s way. Yet, there is an elder abuse epidemic in our country. If you suspect that your elderly loved one or someone you know is being abused in a facility, immediately report it to the authorities. Facilities that are guilty of elder abuse may also be liable for damages for their negligent, reckless, or intentional conduct. Ernst Law Group is a plaintiff’s rights law firm. Our personal injury attorneys will aggressively and fearlessly fight for your loved one to obtain the compensation that is deserved. Ernst Law Group seeks to make the guilty party pay for their actions. What should you do if you suspect elder abuse has happened to your loved one? If you suspect that your elderly loved one is being abused, we urge you to take action as soon as possible and do the following. 1. Make detailed notes of possible abuse Write down any details you may have observed regarding the abuse. Make sure to include the date, time, and location of the incident, as well as any... --- - Published: 2024-04-10 - Modified: 2025-09-16 - URL: https://www.ernstlawgroup.com/san-luis-obispo-catastrophic-injury-attorney/ - Locations: San Luis Obispo Have you been injured so badly that you cannot work or care for yourself? Are you permanently or temporarily disabled because of someone else’s negligence? Catastrophic injuries affect victims for the rest of their lives and can impact the entire family, thrusting a loved one into the role of caregiver for the injured person. Many people with catastrophic injuries require intensive medical care or may need to live in a skilled nursing facility or memory care home. The party that caused your catastrophic injury should be held accountable. An experienced San Luis Obispo catastrophic injury attorney with Ernst Law Group can pursue a settlement to cover your current medical care and any future needs related to your catastrophic injury. Contact our personal injury lawyers in San Luis Obispo today at (805) 541-0300 to schedule a free consultation. Common causes of catastrophic injury Catastrophic injuries are life-changing, serious injuries that often leave the victim permanently disabled. Although a life-changing injury could happen in any unlucky circumstance, you’re more likely to suffer a catastrophic injury in these situations: Medical mistakes or malpractice Sports or boating injuries In a car wreck, especially at high speeds In a collision with a semi-truck Falling from a high place Toxic exposure to a contaminated consumer product A serious workplace accident, like OSHA’s “Fatal Four. ” What are the common types of catastrophic injuries? Catastrophic injuries are among the most heartbreaking and severe of all categories of injuries. A catastrophic injury may result in permanent disability and... --- - Published: 2024-04-09 - Modified: 2025-09-18 - URL: https://www.ernstlawgroup.com/san-luis-obispo-anti-corporate-attorney/ - Locations: San Luis Obispo Ernst Law Group stands up against corporations on behalf of individuals who have been wronged and want a fair outcome. Without an attorney, corporations don’t see individuals as a threat and marginalize them because the corporation has no incentive to listen. Corporations only care when their bottom line is at stake. At Ernst Law Group, we make sure that the individual is heard in a court of their peers. We enjoy making a difference and making corporations realize the value of an individual isn’t just a number on a balance sheet. What is anti-corporate law? Many types of law fall under anti-corporate law. For example, new cars are frequently built with defects. Most of the time, these defects are relatively harmless, but sometimes they’re very serious, such as causing brakes to fail, a tire to fall off, or an airbag to fail. These types of defects can kill people. Despite these dangers, the corporation building these cars is worried about its bottom line. When deciding whether they should initiate a recall, they look at the numbers. What’s less expensive: a recall or potential lawsuits if they don’t issue a recall? If the lawsuits are less expensive than a recall, they won’t recall the cars. We cannot let this happen. We need to make it expensive enough that corporations pay attention and protect our community — this is anti-corporate law. Types of anti-corporate law cases we handle Annuity fraud Valid annuities are a safe and reliable investment; unfortunately, because they’re so... --- - Published: 2024-04-09 - Modified: 2025-10-01 - URL: https://www.ernstlawgroup.com/san-luis-obispo-car-accident-attorney/ - Locations: San Luis Obispo Cars are amazing machines, but they are inherently dangerous. When two cars collide, an enormous amount of force is exerted on both vehicles, leading to injuries and property damage. Unfortunately, many car accidents are caused by a driver’s recklessness, and the victim’s injury or death could have been avoided had the at-fault driver paid attention and followed the rules of the road. If you were injured in a car accident that was a result of another’s negligence, you may recover compensation for your injuries and other expenses. For example, if a driver was texting, not paying attention, and caused an accident that resulted in an injury, you may file a personal injury lawsuit. The suit will help recover compensation for medical expenses, lost wages, pain and suffering, property damage, and more. If punitive damages are applicable, compensation may be significantly higher. Ernst Law Group is here to help you get the compensation you deserve. Medical bills, stress, and emotional turmoil can pile up quickly after your accident, so it’s important to talk to our San Luis Obispo car accident lawyers as soon as possible. Car Accidents in San Luis Obispo In the San Luis Obispo area, people enjoy the amazing weather and proximity to beaches and other attractions in Southern California. The seat of San Luis Obispo County, our city is a bustling area and is home to more than 47,000 residents. Tourism and growing populations are great for the local economy, but with all that traffic and increasingly limited... --- - Published: 2024-04-09 - Modified: 2025-08-01 - URL: https://www.ernstlawgroup.com/san-luis-obispo-bicycle-accident-attorney/ - Locations: San Luis Obispo The San Luis Obispo personal injury lawyers at Ernst Law Group represent injured bicycle accident victims. If you were harmed in a bicycle accident in San Luis Obispo, you may be entitled to compensation for your injuries. Obtaining the legal advice of an experienced, skilled San Luis Obispo bicycle accident lawyer who will fight on your behalf to get you the compensation you need and deserve is advisable. Contact us today to schedule a free consultation about your rights and options. Steps to take after being in a bicycle accident The immediate aftermath of a bicycle accident can be overwhelming, but staying calm and taking the following steps can help you protect your right to compensation. 1. Get to a safer location Bicyclists are vulnerable to further injury in the aftermath of an accident. Immediately move yourself and your bicycle to a safer spot on the side of the road or sidewalk, away from the flow of traffic. 2. Keep on your safety gear If you're wearing a helmet or other safety gear, keep it on unless instructed otherwise by a medical professional. 3. Call 911 and ask for police and an ambulance Even if you don’t think you're seriously injured, it's essential to have official documentation of the accident and your injuries. Both police and medical responders will create reports that can be used as evidence in your potential personal injury claim. The medical responders can also screen for any signs of injury that may not be obvious to... --- - Published: 2024-04-09 - Modified: 2025-10-01 - URL: https://www.ernstlawgroup.com/san-luis-obispo-brain-injury-attorney/ - Locations: San Luis Obispo A traumatic brain injury is more than just a little head pain. They’re serious, often life-threatening injuries that usually lead to financial hardship due to the high cost of required medical care and treatment. If you or a loved one suffered a brain injury in an incident that wasn’t your fault, it’s important to hold the liable party accountable for their actions. If your San Luis Obispo personal injury lawyer can prove that the other party acted negligently or recklessly and those actions directly caused your brain injury, you could be entitled to significant compensation in California. Ernst Law Group has recovered millions of dollars on behalf of injured Californians, and we’re here to do the same for you or your loved one. Please call (805) 541-0300 to schedule your free consultation. What Should You Do After a Brain Injury? If you ever hit your head in after-school sports practice, your doctor probably told you to rest and stay away from screens for a couple of days. This is helpful advice, as it contains two critical parts of post-head injury care: Prompt medical care and Refraining from physical and mental exertion. We can’t stress enough the importance of visiting your primary care doctor, a hospital, or an urgent care facility after experiencing a head injury. In the initial hours after impact, you might feel a little disoriented but otherwise fine – do not, under any circumstances, assume that this is a sign of quick healing or that there hasn’t been... --- - Published: 2024-04-09 - Modified: 2025-10-01 - URL: https://www.ernstlawgroup.com/san-luis-obispo-construction-accident-lawyer/ - Locations: San Luis Obispo While you may think construction accidents only pertain to serious injuries from heavy machinery or falling from great heights, the truth is that there are any number of reasons why a worker could get injured on site. Construction accidents are more complicated than other forms of injury because of the legality surrounding them. Contractors and subcontractors have their requirements regarding workers’ compensation. If you get injured on the jobsite, you need experienced San Luis Obispo personal injury attorneys who can make sure you get the compensation you deserve. How Ernst Law Group can helpWhen you’ve been injured on a construction site, you need a law firm that understands the complexities of California construction accident claims. At Ernst Law Group, we bring decades of experience, a deep knowledge of construction law, and a track record of success in securing compensation for injured workers and their families. Proven experience in construction accident casesOur team has handled a wide range of construction accident claims, from falls and scaffolding collapses to equipment malfunctions and electrocutions. We know how to investigate these cases, identify liable parties, and fight for the maximum compensation you deserve. In-depth legal and industry expertiseConstruction accidents involve multiple layers of liability, from negligent contractors to third-party manufacturers of defective equipment. Our attorneys have the legal and industry knowledge needed to navigate these complexities and hold the right parties accountable. California-specific knowledgeConstruction laws vary by state, and California has some of the most detailed regulations protecting workers. We are well-versed in both... --- ---