4 Car Accident Myths
Posted by Roland Ho, May 8, 2015
1. I can resolve the accident with the other driver’s insurance company on my own. Keep in mind that the insurance representatives (adjusters) are professionals who have been trained to obtain evidence that can be used against you. Generally, the insurance carriers will immediately contact you to acquire a recorded statement as to what happened. You are under no obligation to comply with such a demand. You are dealing with the entity that is not there to act in your interest. You may not fully comprehend the process, the value of your claim, the rights you possess under the law.
2. I appear to be uninjured, thus I will just work out the issues myself. Oftentimes, a person’s injuries may not appear until sometime later. If you feel okay now or immediately after the accident, and you assume the task of handling the matter yourself with the other driver’s insurance company and sign a release, you face the barring of your claim in the future if the injuries show up some months later.
3. My insurance company will take care of everything for me. It is a mistake to believe that your own insurance company will resolve all issues for you as the accident is not your fault. Regardless of whose fault it was, you would be obligated to pay the deductible for damages to your vehicle. The other driver’s insurance carrier may dispute the liability even if you truly conclude that it was the fault of the other driver. If you suffer personal injuries, your own insurance carrier will not pursue that part of the claim on your behalf. This will require a separate action.
4. The police have determined who was at fault. Ordinarily and if the police were contacted concerning the accident, an incident report would be composed. Frequently, the incident report would state the officer’s opinion and conclusion, based upon the statements of the witnesses and the observation made at the scene of the incident. However, the conclusion of the police office does not always or necessarily reflect the accuracy of the events. In a court action, the witnesses (including the peace officer) will be examined to get at the truth. Thus, the police report acts only as a possible piece of evidence.
Family of woman dropped on head by ambulance crew gets $1.5M
By The Associated Press, May 5, 2015
WOBURN, Mass. (AP) A Massachusetts jury has awarded $1.5 million to the family of a woman who died days after an ambulance crew dropped her on her head. The Middlesex Superior Court jury ruled Monday in favor of the family of 67-year-old Barbara Grimes in its lawsuit against American Medical Response. The family said in the wrongful death suit that Grimes was being transported in January 2009 after receiving dialysis in Plymouth when a pair of emergency medical technicians rolling her into an ambulance tipped over her stretcher, causing Grimes to fall and hit her head on the ground. She suffered a brain hemorrhage and died five days later. The family’s lawyer called her death “unnecessary” and “‘easily preventable.”
AMR said the stretcher malfunctioned. A company spokesman didn’t immediately return a call Tuesday.
Complaints Against the Judicial Officers in 2014
Posted by Roland Ho on May 1, 2015
In 2014, the Commission on Judicial Performance considered 1,174 complaints against judges in California. Here is a breakdown of the kinds of cases in which the complaints were lodged:
Criminal…………38%
Civil………………26%
Family Law……….17%
Small Claims………7%
Other……………….8%
Cases resulting in discipline: 43
In nearly 89% of cases (1,039), commissioners found no evidence of misconduct.
Cases where judge resigned or retired: 2
The data indicated above are published by California Bar Journal.
Crisis Facing the Courts
Posted by Roland Ho on January 2, 2015
Because of the budget crisis (and the overall economic conditions) facing the State of California as well as the nation as a whole, courts have experienced backlog of cases, causing delay and hardship on all involved.
In Los Angeles County, many courthouses have been closed permanently. As a result, the cases pending in these locations have been distributed to other venues. In other words, there is more caseload on all the remaining staffers of the courts, essentially affecting the overall administration of justice.
Now, court cases take much longer to resolve.