Category Archives: Uncategorized

Texting while driving in California may lead to a ticket

On behalf of The Law Office of Marvin S. Lanter posted in Car Accidents on Tuesday, December 4, 2012.
Distracted drivers are a danger to themselves and to every other driver and passenger on the road. While it may seem an easy way to multi-task, texting while driving can cause serious injuries or even death.

A new program spearheaded by the California Office of Traffic Safety and the U.S. Department of Transportation’s National Highway Traffic Safety Administration along with 37 local law enforcement agencies aims to put an end to texting and driving. From November 30 through December 9, drivers using cell phones or texting and driving were to be issued citations, $159 for a first time offense, and $279 for a second offense.

Despite a statewide ban on driving while using a cell phone, in 2011 there were 460,487 handheld cell phone convictions in California, a rise from only 361,260 in 2010. Nationwide, 30,092 people died in auto accidents involving a distracted driver, and another 416,000 were injured.

When there is an accident involving a distracted driver, that driver may be found negligent. Drivers are under a duty to operate their motor vehicles with reasonable care under the circumstances. Some factors that may be involved in a negligence case involving an automobile would be whether or not traffic signs were obeyed, whether the driver used the appropriate turn signals and whether the vehicle was speeding at the time of the accident. In addition to proving that a duty was owed and breached, in order to be compensated the victim in a car accident must prove that the breach caused the accident and they were injured as a result.

Operating a cell phone or texting while driving are both major hazards on the road. However, by cracking down on these distracted drivers, law enforcement officials may be able to save many lives.

Source: Sacramento Press, “Phone in one hand. Ticket in the other: Law enforcement crackdown,” Janna Haynes, Nov. 28, 2012

California woman dies in tragic dog mauling incident

On behalf of The Law Office of Marvin S. Lanter posted in Premises Liability on Friday, November 30, 2012.

An animal attack can cause severe injury to the victim, or even death. Sadly, serious dog bites can occur when dogs are unleashed or left to roam on their owner’s property.

Recently, a California woman was tragically killed when she was mauled to death by up to eight dogs. The woman was on the property where the dogs resided in order to clean the property owner’s home, when she was attacked by the dogs that were loose in the backyard. The homeowners were not at home at the time of the incident. Although the woman had entered the property in the past to spend the night, the dogs were not very familiar with her. The dogs were Olde English Bulldogges, and may weigh up to 105 pounds. The dogs have been taken into custody by the San Diego County Department of Animal Services.

When someone enters another person’s property to perform cleaning or other service work, the property owner may be legally responsible for keeping the premises safe. This means the homeowners should attempt to keep the animals away from the person entering the property, or at the very least post a warning such as a “beware of dog” sign on their property.

In addition, some states will find a pet owner liable for their animal’s actions under a theory of strict liability. Through strict liability, even if the pet owner did not know their animal would be a danger to others, the owner remains liable if their pet bites another person. In other states, a pet owner may only be liable if their pet attacks another if the owner knew or had reason to know that their pet had dangerous propensities. People who are bitten by a pet may receive compensation for medical expenses, pain and suffering and lost wages.

While this devastating incident is still under investigation, it serves as grim a reminder to properly restrain animals to avoid dog bites and other accidents. Doing so could save people from being injured or killed by another person’s pet.

Source: 4 NBC Southern California, “Coroner Confirms Woman Mauled to Death by 8 Dogs,” Lauren Steussy, Steven Luke and Danya Bacchus, Nov. 14, 2012

Wet roads cause multi-car crash on California highway

On behalf of The Law Office of Marvin S. Lanter posted in Car Accidents on Wednesday, October 17, 2012.

Wet roads can prove disastrous for drivers who lose control of their vehicles on the slippery surface of the road. Such conditions often result in a car accident, which may involve multiple vehicles and result in a number of people being injured.

A recent crash on a California highway involved as many as 11 vehicles according to the California Highway Patrol. The crash started when one car spun out on a wet road around 4:45 in the morning, and then stalled. Another vehicle then collided with a center divide to avoid hitting the spun-out car. Two additional cars collided with each other in an effort to avoid the previous accident. At least two other vehicles also crashed when they swerved to avoid the wreckage. Of the drivers and passengers of the vehicles involved, six were treated at the crash site for injuries sustained in the crash and two were sent to an area hospital for treatment.

While the extent of the injuries in this accident is unknown, when a person is injured in an auto accident they may seek financial recovery for the incident. Such recovery could include compensation for medical expenses, future medical expenses and pain and suffering.

To recover for medical expenses, a plaintiff must prove their injury was caused by the accident and resulted in the need for such expenses. In addition, a plaintiff may be compensated for future medical expenses resulting from the accident. To recover for future medical expenses, the plaintiff must provide the jury with sufficient proof of costs involved, so that the jury can accurately estimate an appropriate monetary award. Finally, a plaintiff may be able to recover for pain and suffering associated with the accident. In assessing the costs associated with the plaintiff’s pain and suffering, courts will take into account the type of injury involved and the length of time the plaintiff was and will be in pain.

While wet roads played a significant factor in this accident, no fatalities were reported. Injuries and a complicated rush-hour were fortunately the only serious effects of this multi-car accident.

Source: Novato Patch, “Highway 101 Crash in Marinwood Injures 6,” Brent Ainsworth, Oct. 11, 2012

© 2017 The Law Office of Marvin S. Lanter, Los Angeles Personal Injury Lawyer. All Rights Reserved.
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