Modern technology has revolutionized the way we approach road safety and emergency services, with companies like Apple and Google leading the way with breakthrough tech that protects drivers, pedestrians, and passengers. One such innovation came on the night of Sept 7th, 2022, through an announcement at one of Apple’s Tech Events. The company’s CEO, Tim Cook, declared that their automatic car crash detection feature will be integrated into every new iPhone and Apple Watch device. 

How the Automatic Car Crash Detection Feature Works

The automatic car crash detection feature works through a sophisticated combination of hardware and software components found in newer iPhones and Apple Watches. 

• iPhone 14 and iPhone 14 Pro models with the latest version of iOS
• Watch Series 8, Apple Watch SE (2nd generation), and Apple Watch Ultra with the latest version of watchOS

The technology uses a mix of sensors, including:

• Barometer – detects a change in the air pressure of the car
• Accelerometer – measures constant (gravity), time-varying (vibrations), and quasi static (tilt) acceleration forces
• Gyroscope – senses change in orientation of a device

These sensors along with GPS signals, Car Play, and Bluetooth all work together to assess the driver’s situation, detect sudden and forceful movements, and gauge whether an accident just occurred. 

Upon identifying an impact or collision, the device transmits an alert to the individual’s iPhone or Apple Watch, presenting the choice to either cancel the alert or request assistance. If there is no response from the user within a 10-second timeframe, the device will autonomously connect with emergency responders and disclose the user’s location.

The device can also send a message to the user’s designated emergency contacts, informing them of the accident while providing the emergency contact with the user’s location.

Benefits of Automatic Car Crash Detection

The iPhone and Apple Watch’s automatic car crash detection feature offers numerous benefits to users, including:

• Fast emergency response
• Location sharing  
• Peace of mind 
• Informed emergency contacts

Enabling Automatic Car Crash Detection on Your Devices

Most new iPhones and Apple Watches already come equipped with crash detection turned on. 

If your device isn’t using crash detection and you would like to take advantage of this potentially life-saving feature, follow these steps to enable automatic car crash detection on your iPhone and Apple Watch:

1. Open the Settings app on your iPhone.
2. Scroll down and select Emergency SOS.
3. Toggle on Call with Side Button and Auto Call.
4. Add your emergency contacts in the Health app by selecting your profile, then Medical ID > Edit > Add Emergency Contact.

For Apple Watch users, make sure that your watch is paired with your iPhone, as the settings will automatically sync between the two devices.

This is an excellent feature for those who have long commutes or do gig work like driving for Uber and Lyft, or for DoorDash.

Embracing The Evolution of Technology with Emergency Services

The crash detection feature found in newer iPhone and Apple Watch devices is a clear example of how technology can be used to improve road safety and save lives. But emergency features like Auto Crash Detection are not the first of their kind and have been around for a while.

Fall Detection and SOS Features

Released in September 2018, Apple Watch’s fall detection feature could detect when a user took a hard slip or fall, and similar to the auto crash detection, it alerted the user to call for help. After 10 seconds, If the user did not respond, the watch automatically called emergency services and shared the user’s location. 

The SOS feature on the Apple Watch also allows users to quickly contact emergency services with just a few taps

The Future of Crash Detection 

We may very well see the advancement of this technology radically improve over time, as more in-depth studies are done and used in real-world scenarios. Future auto crash detection systems will be able to detect and analyze crash data more efficiently, which will lead to better outcomes and further help first responders react more effectively to the scene of a crash.

Regulatory Challenges and Data Collection 

As these technologies become more accepted and used by the masses, regulators will be more in the spotlight to pass regulations that make the device safe and reliable. 

Data Collection and Privacy Concerns

Since Apple’s crash detection feature does tap into user data, there are some privacy concerns surrounding its storage and use. Apple has stated that any data collected from the app will be encrypted and stored only on the user’s device. Apparently, user data will not be shared with third parties unless consent is clearly given by the user. So be sure to read the terms and agreements page, like none of us do.

Enhanced Crash Data Collection

The data collected by the crash detection feature can provide valuable information to researchers and safety organizations about the leading factors surrounding car accidents. This data can be used to better understand car accidents and develop strategies to prevent them. But without clear rules and regulations set into place, it becomes a slippery slope as to what data can be sold or used and which cannot. 

Impact on the Insurance Industry

The crash detection feature could have a significant impact on the insurance industry. With more accurate and detailed data about accidents, insurers can better assess liability or negligence and reduce fraudulent claims by having access to objective crash data. Regulators will have to step in and set boundaries on how insurance companies can access or use this data.

Comparing with Competing Technologies 

Apple’s crash detection feature is not the only technology on the market geared towards road safety.  

Google’s Crash Detection

Android Crash Detection, Google’s answer to Apple’s Crash Detection, also offers a very similar feature. For car crash detection to work on your Google device, you’ll need to grant location, physical activity, and microphone permissions. Same as Apple Detection, If your Google phone detects a car crash, it can automatically call emergency services on your behalf. The call will utilize Android’s Emergency Location Service, which may transmit details about your location and the nature of the incident.  

Tesla’s Autopilot System / Full Self-Driving Mode

Although Tesla’s Autopilot and FSD modes are made for semi-autonomous and fully autonomous driving, they also include numerous breakthrough safety features, such as:

• Automatic Emergency Braking: Detects cars or obstacles that the car may impact and applies the brakes accordingly
• Forward Collision Warning: Warns of impending collisions with slower-moving or stationary cars
• Side Collision Warning: Warns of potential collisions with obstacles alongside the car
• Obstacle-Aware Acceleration: Automatically reduces acceleration when an obstacle is detected in front of your car while driving at low speeds
• Blind Spot Monitoring: Warns when a car or obstacle is detected when changing lanes
• Lane Departure Avoidance: Applies corrective steering to keep your car in the intended lane
• Emergency Lane Departure Avoidance: Steers your car back into the driving lane when it detects that your car is departing its lane and there could be a collision

Tesla’s Autopilot/FSD mode currently does not have a crash detection feature like Apple’s, but it is designed to actively prevent accidents from happening in the first place.

Alert West Coast Trial Lawyers after your Accident

Apple and Google’s crash detection has the potential to be a game-changer for car accidents and emergency alert technologies. But the data harvesting tactics and user consent guidelines could turn a life-saving feature into a potential privacy issue for Apple and Google customers. Will this be a case where the ends justify the means? Regulators, drivers, and passengers may have to agree.

Don’t forget to alert West Coast Trial Lawyers, Los Angeles’s top-rated personal injury law firm, if you were involved in a car accident involving a negligent or malicious driver. We’ve recovered over 1.5 billion dollars worth of settlements and successfully represented thousands of clients throughout California. Let us handle the legal headaches and technicalities of your personal injury case so you can focus solely on recovery and rehabilitation. 
Contact us today by calling 888-585-2793 or filling out our online contact form to schedule a free consultation.

The post How iPhone and Apple Watch’s Automatic Car Crash Detection Can Save Lives appeared first on West Coast Trial Lawyers.

Pedestrian accidents caused by road violence are an increasingly significant issue in California. Los Angeles is especially infamous for being labeled as one of the worst cities for pedestrian fatalities in the United States. Luckily, there are legal rights and state laws that protect victims who’ve suffered pedestrian accidents that victims often fall victim to in California. 

Everyone is a pedestrian on California’s dangerous roads at some point. In 2020, an estimated 6,516 pedestrians were killed, and 55,000 were injured nationwide. Fortunately, California offers many legal protections for pedestrian accident victims. 

California VC 21950 states that a careless driver who fails to yield to a pedestrian in a crosswalk or intersection is most likely to bear liability for the accident.

When a pedestrian accident is caused by a careless driver, the driver and their insurance company are both responsible for the victim’s full recovery and compensation.

Sidewalk Rights as a Pedestrian

In California, pedestrians have the right of way in most situations, including the right to walk on sidewalks and crosswalks without having the fear of being hit by a vehicle. Drivers must always be aware of their surroundings and yield to pedestrians in crosswalks, intersections, and any areas where they’re present.

VC 21950(a) states that vehicles must yield to pedestrians who are crossing the street in a crosswalk, giving pedestrians the right of way. This requires drivers to slow down and exercise caution to keep the pedestrian safe, creating a legal duty for drivers to exercise due care and responsibility.

CVC §21954 states that pedestrians can still cross the street when they’re at an intersection or marked crosswalk and also requires them to yield the right-of-way to all vehicles that are close to becoming an “immediate hazard” to them.

Under VC 21963, California gives special protection to blind pedestrians, who use a cane and/or service dog. Drivers must yield to blind pedestrians or take extra precautions to keep them safe – not doing can carry up to 6 months in jail and a fine of up to $1,000.

California Crosswalk Laws 

California’s pedestrian and crosswalk state laws govern when and where people can legally walk in public. California’s Vehicle Code § 21950 CVC requires drivers to yield to pedestrians crossing a roadway within any marked or unmarked crosswalk.

Pedestrians have the right-of-way in both marked or unmarked crosswalks. If there is a limit line before the crosswalk, stop at the limit line and allow pedestrians to cross the street. Some crosswalks have flashing lights; however, you should still stop and check for pedestrians regardless if they’re not flashing.

California’s crosswalk laws are rules that dictate when and where people can legally walk in the state, created to keep pedestrians safe.

Some California state laws that protect pedestrians include:

• VC 21966, states where pedestrians can legally walk
• VC 21950, protects pedestrians crossing the road at a crosswalk
• VC 21955, requires pedestrians to use crosswalks at intersections
• VC 21954, informs pedestrians who cross streets outside of a crosswalk to yield the right-of-way to vehicles
• VC 21970, forbids drivers from blocking and/or stopping at a crosswalk
• VC 21456, states when pedestrians can cross the street using a crossing light
• VC 21952, protects pedestrians who are crossing a sidewalk while a driver is pulling into a driveway (that need to cross a sidewalk in order to get there)
• VC 21963 – §21965, focus on special circumstances for blind pedestrians

Do Pedestrians Always Have the Right of Way?

Pedestrians don’t have the right of way when they violate their state’s pedestrian and crosswalk laws.

In some cases, pedestrians can be held liable and partially at fault for an accident. They can also lose compensation through comparative negligence rules.

In most cases, pedestrians do have the right-of-way; however, if they violate any of California’s crosswalk laws, they can legally lose their ‘right-of-way.’ If a pedestrian caused a car accident without having the right of way, they may be held liable, found partially at fault, and receive reduced compensation based on their level of responsibility.

Under California law, motor vehicles have to yield the right-of-way to pedestrians who are crossing the street in a marked crosswalk or an unmarked crosswalk at an intersection.

Other California laws prohibit pedestrians from the following:

• suddenly leaving a curb or place of safety
• creating an immediate hazard by running into the path of incoming vehicles
• unnecessarily stop in a marked or unmarked crosswalk
• walking in bike lanes where a sidewalk or path on the side of the road is available
• going outside the crosswalk at an intersection
• crossing at an intersection against the traffic signal or ‘don’t walk’ signal
• crossing outside of a crosswalk, intersection, or pedestrian crossing when/where vehicles are close enough to be an immediate hazard

Pedestrian Safety if No Sidewalks Are Present 

Under CVC §21954, pedestrians may still cross even if they aren’t at a marked crosswalk or intersection; however, they must also yield the right-of-way to all vehicles close enough to become an “immediate hazard.”

CVC 21963 states that pedestrians who are using a predominately white cane, with or without a red tip, have the right-of-way at any crosswalk. Punishment for any driver who fails to yield to this particular right-of-way includes up to six months in jail and a fine of up to $1,000.

Starting January 1, 2023, pedestrians who are jaywalking in California will no longer be prosecuted – as long as they cross safely, and without oncoming traffic nearby.

Responsibilities as a Pedestrian

Duty of care is essential for ensuring pedestrian safety. Under all circumstances, all pedestrians must be responsible and act in a safe manner when crossing a roadway.  

Some responsibilities & safety tips pedestrians should follow include:

• Following the road rules and obey signs and signals
• Walking on sidewalks if or when available
• Walk facing and as far from if or when there’s no sidewalk traffic
• Cross streets at crosswalks or intersections
• Look for cars in all directions, including those turning left or right.
• If or when there’s no crosswalk or intersection, locate a well-lit area with the best traffic view 
• Watch for cars entering/exiting driveways, or backing up in a parking lot

Talk to a Pedestrian Accident Attorney at WCTL

If you were involved in a pedestrian accident and need legal assistance, our qualified California pedestrian accident attorneys at West Coast Trial Lawyers are readily available and happy to help you get the justice and compensation you deserve. 

If you have sustained injuries as a result of a pedestrian accident, you have the legal right to hold the guilty party responsible. Our trusted pedestrian accident attorneys can help you recover maximum financial compensation for the losses you’ve suffered including your medical bills, property damage, lost wages, as well as pain and suffering.

Victims who have been injured in pedestrian accidents should consult with an experienced personal injury attorney immediately after to ensure their rights are protected. To schedule a free consultation with our experienced legal team, don’t hesitate to contact us today at 213-996-0790 or info@westcoasttriallawyers.com.

If you need dedicated legal representation or want to learn more about obtaining fair compensation for your pedestrian accident injuries, contact our pedestrian accident attorneys today.

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The most important thing to note about drunk driving vs texting and driving in California, is that neither is safer than the other. Both actions are extremely dangerous and possess the ability to cause serious damages to yourself and others. 

If you or someone you know has been a victim of someone else’s negligent driving, you may be entitled to file a personal injury claim. Call one of our car accident attorneys at West Coast Trial Lawyers today, to find out if you’re eligible. 

Effects of Drunk Driving vs. Texting and Driving

Drunk driving and texting while driving both have negative consequences for drivers who are guilty of these. 

Before participating in any of these dangerous actions consider everything that is at stake or being put at risk;

1. Accidents: The most common outcome that can come out of drunk driving/texting and driving, is accidents and collisions. Driving distractions and impairments make it impossible to be in full control of the car and accidents are a likely result of this. 

2. Criminal Charges: Driving under the influence is a crime. You could be arrested and charged with a crime depending on the kind of damages you have caused. You could also be given a DUI. 

3. Revoked Driving Privileges: Your drivers rights and privileges may be taken away from you depending on the severity of your case. This will create a negative impact on your driver’s record. 

4. High Insurance Premiums: Your insurance payments will likely be affected by your drunk driving/texting and driving case. 

5. Loss of Life: In extreme cases, you could lose your life in a fatal crash while texting or drunk driving

Texting and Driving Laws in California

California law demands that drivers do not use cell phones or any similar electronic communication device, while actively operating a motor vehicle. 

The use of such devices are only permitted if they are hands-free, but drivers under the age of 18 are not permitted to use them for any reason at all. 

The California Office of Traffic Safety started the “Put Your Phone Down. Just Drive” public awareness and education campaign. The initiative is intended to appeal to the smartphone culture and younger audiences – specifically those between the ages of 16 to 24. 

What is Distracted Driving?

Distracted driving is deemed as anything that takes away or divides your attention while you’re driving. 

According to the National Highway Traffic Safety Administration (NHTSA), distracted driving claimed 3,522 lives in 2021. 

Driving safely in California requires your full attention and both hands on the wheel. Anything deviating you from committing to focused driving, is a potential for an accident. Call our expert California car accident attorneys today, if you’ve been hit by a distracted driver. 

Types of Distracted Driving

There are three primary types of distracted driving;

1. Visual: This entails moving your eyes distractedly, looking at your phone, looking at passengers behind/beside you, staring at the gps etc. 

2. Cognitive: This is driving while distracted in thought. This could be getting lost in a daydream or thought, or overthinking something else that is not related to driving.

3. Manual: This involves taking your hand off the wheel or foot of the brake. Also reaching for objects or applying makeup, this is extremely dangerous and will most likely result in a car accident. 

Texting while driving encompasses all types of distracted driving. Looking at the phone requires visual attention, holding the phone requires manual attention and constructing a text requires cognitive attention. 

If you were hit by a driver who was visually, manually or cognitively distracted, West Coast Trial Lawyers can help. Call our California car accident lawyers today to start the process of recovering your damages. 

Is Texting and Driving More Dangerous Than Drinking?

Impaired driving, that is driving under the influence of alcohol or drugs, has been a huge problem in the U.S for so long. 

However, 25% of accidents are caused by texting and driving. Texting and driving is 6 times more likely to cause an accident than drunk driving. 

Texting while driving a vehicle has now replaced DUI as the leading cause of accidents and deaths of teenage drivers

It is to be noted however, that both forms of negligent and reckless driving are legal in the state of California, and both dangerous all the same. Driving while impaired or distracted can get you arrested or worse, injured. 

Distracted Driving vs Drunk Driving Statistics

The NHTSA published their drunk-driving crash reports for 2020:

• 1 person every 45 minutes, dies in a drunk driving crash

• 32 people in the United States die in drunk-driving crashes everyday

• There was a 14% increase in drunk driving deaths from 2019

• 11,654 people died in a  drunk driving crash in 2020

The NHTSA also published their distracted driving reports for 2020:

• 8% of fatal crashes were all reported as distraction affected crashes

• 324,652 people were injured in crashes involving distracted drivers

• 587 nonoccupants were killed in distraction-affected crashes

• 15-20 year olds have the largest portion of distracted drivers 

How Distracted Driving Affects Your Personal Injury Claim

A distracted driving or drunk driving case will be handled like any other personal injury case. 

The liable party will be determined by a California car accident lawyer, so speak to one in order to determine the facts of your case.

A car accident attorney will be able to strengthen the cast of your case and help you gather evidence.  

Some of this evidence can include:

• Obtaining phone records

• Past driving history 

• Witness statements

• Social media

West Coast Trial Lawyers Will Handle Your Car Accident Case

If you are a victim of drunk driving or distracted driving in California, West Coast Trial Lawyers will handle your car accident case. Proper legal advice and representation, will ensure you get all the compensations you are entitled to. 
Call us today at 888-888-9285 or fill out our contact form for free. One of our experienced California accident attorneys will be available to answer any questions you may have about your case.

The post Drunk Driving vs Texting and Driving appeared first on West Coast Trial Lawyers.

Did you know that if you use the terms lawyer and attorney synonymously you’re technically incorrect? In the legal industry, you may sometimes see these titles used interchangeably but there are some clear distinctions in their roles and responsibilities. The clearest distinction between both is attorneys can practice law and take on clients, while lawyers can’t. Lawyers might not have passed the bar exam yet. 

In this article, we’ll unravel the nuances between attorneys and lawyers, examine their respective responsibilities, and make clear the qualifications required for each position.

What is Considered an “Attorney”?

An attorney is a legal professional who has:

• Completed law school
• Passed the bar exam
• Been admitted to practice law in a particular state or federal jurisdiction.

Attorneys are often referred to as “attorneys-at-law” and are licensed to:

• Provide legal advice
• Represent clients in court
• Draft legal documents
• Negotiate settlements and agreements on behalf of clients

They have the knowledge and expertise needed to represent clients in various legal matters, from civil litigation to criminal defense. Attorneys may choose to work independently as sole practitioners or become part of a legal team within a law firm or legal office.

What is a “Lawyer” in California Law?

A lawyer is a broader term encompassing anyone who has graduated from law school with a Juris Doctor (J.D.) degree. 

While all attorneys are lawyers, not all lawyers are attorneys. 

Some lawyers may work as: 

• Consultants
• Researchers
• Academics/Teachers

Lawyers can provide these services without ever passing the bar exam and getting a license to practice law or represent clients in court. In order to actively represent clients in court and give clients legal advice lawyers must be licensed by the state bar to become an attorney. If they do give unwarranted legal advice they may be subject to criminal charges. 

Lawyers can even go on to get a Doctor of Juridical Science (SJD) degree which is considered the highest level of a law degree possible. 

Lawyer vs Attorney Educational Requirements and Licensing

Law School and Juris Doctor (J.D.) Degree

Both attorneys and lawyers must complete a law school program, typically lasting three years, to earn a Juris Doctor (J.D.) degree.

Law school encompasses an extensive array of topics, such as 

• Constitutional legislation
• Contractual agreements
• Torts
• Property regulations
• Civil processes
• Legal composition

Additionally, students learn about specialized legal fields, including family legislation, intellectual property rights, and taxation laws.

Bar Exam and Licensing

After completing their J.D. degree, aspiring attorneys must now pass the bar exam in the jurisdiction where they intend to practice law. For example, if a lawyer wants to practice law in California, they will need to take the exam for that specific jurisdiction. Therefore an attorney practicing law in California cannot actively represent a client in New York courts. The lawyer would have to take a separate bar exam in New York in order to do so.

The bar exam is an intense, several-day-long assessment that evaluates an attorney’s understanding of both federal and state regulations. 

Once a candidate passes the bar exam, they must undergo a character evaluation or a background check, to be admitted to the bar and become a licensed attorney. These requirements vary by jurisdiction but are generally put in place to make sure the practicing attorneys have a general sense of ethical and professional conduct.

What is the Attorney-Client Privilege?

Attorneys are bound by strict ethical rules and professional conduct guidelines found in the Model Rules of Professional Conduct. The MRPC is enforced by state bar associations and other regulatory bodies. 

These rules cover various aspects of an attorney’s practice, such as:

• Attorney client privilege
• Conflicts of interest
• Competence
• Diligence
• Attorney fees / Solicitation
• And More

Lawyers who are not licensed to practice law are not subject to the same regulatory oversight as attorneys. They are expected to maintain a high degree of professionalism in their work but attorney-client privileges do not exist for lawyer and client relations. 

Attorney-Client privilege refers to the legal privilege that keeps confidential communications between an attorney and their client private. Unusable as evidence in court proceedings. 

There are some exceptions to communications that are not covered by attorney-client privileges, such as:

• Communications with purposes of furthering a crime
• A corporation against its shareholders 
• If the communications involve the well-being of a child

Choosing the Right Legal Professional For Your Case 

When seeking legal representation or advice, it is essential to choose the right legal professional for your specific needs. Consider the following factors when making your decision:

• Licensing and Experience: Make sure that the legal professional you select is licensed to practice law in your jurisdiction and has relevant experience in the area of law pertaining to your case.
• Communication and Rapport: Establish a strong working relationship with your legal professional by assessing their communication style; making sure you feel comfortable discussing your legal matters with them.
• Availability and Responsiveness: Verify that the legal professional you choose has the time and resources to dedicate to your case and can respond quickly to your needs.
• Reputation and Track Record: Find potential legal professionals online by looking at testimonials, reviews, and any notable achievements or accomplishments by their firm. 
• Fees and Costs: Gather a clear understanding of the legal professional’s fee structure and possible expenses related to your case. Do they work on contingency fees? Or are they hourly?

WCTL Will Address Your Questions Regarding Your Case

Understanding the differences between attorneys and lawyers is needed when seeking legal representation or advice. While both are legal professionals with a Juris Doctor (J.D.) degree, attorneys are specifically licensed to practice law and represent clients in court. At West Coast Trial Lawyers our expert attorneys and lawyers are here to assist you with your personal injury or employment case every step of the way. With over 100 years of collective experience, our firm has successfully represented thousands of clients all over California. The founder, president, and Harvard graduate Neama Rahmani has built a top-rated law firm that continues to provide world-class legal representation for those in need.  

Our team is dedicated to protecting your rights and answering any questions regarding your case. Schedule a free consultation with one of our lawyers or attorneys by calling 213-996-0790.

Frequently Asked Questions (FAQs)

1. What is the main difference between an attorney and a lawyer?

The primary difference between an attorney and a lawyer is that an attorney is licensed to practice law and represent clients in court, while a lawyer has completed law school but may not be licensed to practice law. All attorneys are lawyers, but not all lawyers are attorneys.

2. What educational requirements must attorneys and lawyers fulfill?

Both attorneys and lawyers must complete a three-year law school program to earn a Juris Doctor (J.D.) degree. Attorneys must also pass the bar exam and satisfy additional requirements to be licensed to practice law in a specific jurisdiction.

3. What are the typical roles and responsibilities of attorneys?

Attorneys are responsible for providing legal advice, drafting legal documents, negotiating settlements and agreements, representing clients in court proceedings, and conducting legal research and analysis.

4. Can a lawyer represent me in court?

Only licensed attorneys can represent clients in court. Lawyers who have not received a license to practice law cannot represent clients in legal proceedings.

The post Differences Between Attorney vs Lawyer appeared first on West Coast Trial Lawyers.

In California law, negligence is the failure to act with reasonable caution which results in injury to another party. Gross negligence takes the definition further, suggesting that the person acted in extreme reckless disregard.

The difference between negligence vs. gross negligence is that negligent actions are unknowing oversights to the health and safety of others, but grossly negligent actions blatantly ignore others’ safety to the point of risking excess injury.

A person acting in gross negligence chooses to ignore reasonable precautions, putting others at extreme risk of injury that could be avoided with reasonable care.

How Do You Prove Ordinary Negligence?

According to Cornell Law School, there are four conditions that need to be proven for an ordinary negligence claim:

• The defendant owed a reasonable duty of care to the plaintiff at the time of the accident.
• The defendant did not provide that duty because he/she was negligent.
• The plaintiff suffered an injury.
• That negligence contributed to the injury of the plaintiff.

If a teacher failed to take attendance that resulted in a missing child, if a store owner didn’t put a wet floor sign near a puddle and it caused a fall, or if someone ignored a stop sign and rear-ended someone, all of these are examples of a potential negligence claim.

Koffman v. Garnett is a clear example of ordinary negligence where a football coach slammed one of his students on the ground despite weighing considerably more than the student, breaking his bones.

Because the coach knew their size difference as well as implicit directions for Andrew to not defend himself, the coach acted with excessive force and was guilty of negligence.

What is Considered Gross Negligence?

Gross negligence is a step above ordinary negligence in that extreme injury was caused by a deliberate disregard for the safety of others. Any reasonable person can assess the defendant’s actions as a serious risk to human life and safety.

Examples of gross negligence include:

• Driving under the influence and speeding in a populated school zone.
• A health inspector clearing a restaurant despite knowing they serve rotten food.
• A surgeon causing unnecessary, irreparable damage to their patient during an operation.

Green v. Ingram is an example of gross negligence where Sergeant George J. Ingram fired his shotgun through a door five times to break through a deadlock, but killed Christie D. Green with the surrounding shots.

Under Virginia Law, Ingram practiced gross negligence because he deviated from intended SWAT training, firing at the wood and not the metal where the deadbolt was located. His behavior showed “indifference to others as constitutes an utter disregard of prudence…”, a sign of gross negligence.

Legal Defenses in A Negligence Claim

The defense can make a number of arguments to disprove a negligence claim:

• The defendant does not owe a duty of care to the plaintiff.
• The plaintiff was responsible for their injury.
• The plaintiff accepted the risks associated with their actions that caused the injury.

Despite the arguments, it will be worth talking to a legal professional due to California’s comparative negligence law, in which plaintiffs can collect damages even if the defendant is only partially negligent.

Recoverable Damages

There are three types of damages victims can be awarded when involved in a negligence claim in California:

Economic Damages

Economic damages are the objective monetary losses that can be calculated by adding bills, receipts, and other verifiable sources. Repair bills, lost wages, and medical fees are examples of economic damages

Non-Economic Damages

Non-economic damages are the subjective, non-monetary losses that occur in an accident like pain and suffering, loss of family, or emotional distress. These losses can be harder to prove, but with an experienced legal attorney, victims can be compensated for their non-economic damages.

Punitive Damages

Punitive damages are often rewarded in grossly negligent cases, where the guilty party was so grossly negligent that the court further penalized them with damages to prevent this situation from happening in the future.

Punitive damages are awarded depending on how reckless the defendant’s behavior was and how much damage they caused to the plaintiff and the ones around them through their behavior.

WCTL Specializes In Negligence Claims

At West Coast Trial Lawyers, we understand the serious impacts another person’s negligent actions can have on your life. Our serious legal team will go to bat for your rights, even when it means going to trial. We won over $1.5 billion total in settlements for our clients, and we can provide the same services for you.

Call us today at  213-996-0790 or filling out our contact form to schedule a free consultation with our experienced legal team.

The post Defining Negligence vs. Gross Negligence appeared first on West Coast Trial Lawyers.

In California, there are close to 200,000 automobile accidents each year that result in injuries. Statistically, over three thousand of these accidents result in fatalities. The majority of these accidents usually result in minor to severe injuries for drivers/passengers.

If you’ve recently been in a car accident, it’s normal to feel some pain right away, but sometimes the pain doesn’t start until hours or even days later. 

This can be confusing, but there are steps you can take to help manage delayed pain and possibly pursue legal action after a car accident. 

Why Pain is Often Delayed After a Car Accident

There are a number of factors that can cause your pain to be delayed after a car accident, including 

• adrenaline masking pain
• Inflammation
• Swelling

Unfortunately, the moments following a car accident, when adrenaline wears off, many people report feeling pain and soreness along with a laundry list of ailments. The body needs time to adjust and settle down after any injuries incurred after an accident.

Common Injuries That Cause Delayed Pain After a Car Crash

Concussion

A concussion is a type of mild traumatic brain injury (TBI) that occurs when the brain is damaged due to blunt force trauma or shaking to the skull. 

This injury is commonly seen in sports, violent assaults and personal injury cases such as car accidents or slip and falls. 

Some of the symptoms associated with a concussion include:

• Headaches
• Chemical changes in brain 
• Ringing in the ears
• Drowsiness or fainting
• Amnesia
• Nausea and vomiting
• Dizziness
• Fatigue
• Blurry Vision 

Whiplash

Whiplash occurs when the neck and skull are forcefully shook back and forth or side-to-side due in a snapping motion

This sudden motion can result in several neck injuries and leave the driver feeling stiff and sore days later. 

Whiplash is often characterized by a range of symptoms, including 

• headaches
• back and neck pain
• stiffness
• swelling
• pain in the shoulder

Delayed Back Pain

Delayed back pain following a car accident can be a sign of a much more serious injury to the vertebrae, spinal discs, or muscles. 

Many drivers may find themselves with a herniated disc or a pinched nerve after a collision. Symptoms of these ailments can go unnoticed for hours or even days after an accident. 

Symptoms of Delayed Pain

After a car accident, it’s important to be aware of any symptoms that begin to develop, even if they don’t appear right away. 

Common symptoms of delayed pain can include:

• Headaches
• Stiffness or soreness in the neck, shoulders, or back
• Tingling or numbness in arms and legs
• Abdominal pain or swelling
• Difficulty breathing
• Fatigue or dizziness
• Changes in mood or behavior
• Vomiting or Nausea 

How To Treat Delayed Pain After an Accident?

Seek Medical Attention

The most important step is to seek medical attention as soon as possible if you’re experiencing any delayed pain. 

Rest and Ice

Rest and ice can help manage your pain and reduce inflammation. Try to rest as much as possible and apply ice to the affected area.

Take Pain Medication

Taking over-the-counter pain medication such as ibuprofen or acetaminophen are great ways to help manage pain and reduce inflammation.

We highly suggest consulting with a doctor, depending on the severity of your pain, you may need prescription painkillers. 

Attend Follow-Up Appointments

Listen to your doctor or chiropractor’s recommended advice! Be sure to attend any prescribed follow-up appointments or physical therapy sessions. 

Keep a Record

Document any symptoms or pain you start experiencing right after your car accident. Keep any communication between you and the other parties involved.  

Don’t Ignore Your Pain 

Do not ignore any symptoms. Ignoring your pain can lead to further health complications, while also making it difficult to seek compensation. 

WCTL Helped Numerous Car Crash Victims Claim Their Settlements

Our experienced legal team has helped numerous car crash victims all across California. With a winning track record of over 1.5 billion dollars in settlements, West Coast Trial Lawyers is the go-to law firm for personal injury cases. If you are experiencing any delayed pain after a car accident, it’s important to seek medical attention, rest, take pain medication if necessary, and contact the professionals at West Coast Trial Lawyers right away! 

FAQs

1. Can delayed pain after a car accident be a sign of a more serious injury?

• Yes, delayed pain can be a sign of a more serious injury. It’s important to seek medical attention if you experience any symptoms after a car accident.

2. What should I do if I’m experiencing delayed pain after a car accident?

• If you’re experiencing delayed pain after a car accident, seek medical attention, rest, and take pain medication if necessary.

3. Should I contact a personal injury lawyer if I’m experiencing delayed pain after a car accident?

• Yes, it’s important to contact a reputable personal injury lawyer if you’re experiencing any delayed pain after a car accident. They can help you recover any losses incurred as a result of your injuries

The post Delayed Pain After a Car Accident appeared first on West Coast Trial Lawyers.

In California, Vehicle Code 23103 VC defines reckless driving as:

“A person who operates a motor vehicle with a willful or wanton disregard for the safety of other people or property.” 

In other words – the individual driving recklessly was aware that their actions could potentially cause substantial risks and still chose to ignore them – even if they didn’t intend to cause injury or harm.

Reckless vs. Aggressive Driving

The primary difference between reckless driving and aggressive driving is that victims hit by a reckless driver often suffer serious injuries after their car accident. 

Reckless driving requires engaging in unsafe behavior, while aggressive driving requires unsafe behavior along with the intent to harm other drivers, or also commonly referred to as “road rage”.

Aggressive driving can involve behaviors intended to harass, intimidate, injure, or obstruct other drivers, including:

• Ignoring traffic signs or signals
• Driving on the wrong side of the road or outside designated lanes
• Improper passing
• Failure to yield
• Tailgating
• Stopping on a highway

While many states have separate statutes for aggressive driving and reckless driving – California does not, as there’s no legal distinction between the two. 

Both reckless driving and aggressive driving are treated as criminal offenses and are typically considered and charged as misdemeanors. 

What Behaviors Constitute Reckless Driving?

Reckless driving is a serious offense in California and can result in dire legal consequences. 

The most common behaviors that constitute reckless driving in California include:

• speeding, racing, weaving in and out of traffic 
• tailgating, running red lights or stop signs
• failing to yield the right of way
• running red lights or stop signs

Other common behaviors that constitute reckless driving include:

• failing to yield the right of way to other drivers
• distracted driving, such as texting while driving 
• impaired driving, such as driving under the influence of drugs or alcohol
• excessive horn honking or making rude gestures at other drivers

If convicted of reckless driving, a driver may face fines, jail time, license suspension or revocation, community service, or points on their license. It’s essential for all drivers to be aware of the behaviors that constitute reckless driving in California so they can avoid them and keep the roads safe for others. 

What Speed is Considered Reckless Driving?

In California, reckless driving is any speed that is 15 mph over the legal limit. 

California’s absolute speed limits prohibit driving faster than:

• 70 mph on freeways posted for that speed
• 65 mph on freeways and other highways
• 55 mph on two-lane, undivided highways (unless posted for a higher speed).

Anyone who drives faster than these speed limits are violating state law.

California also prohibits driving faster than is safe for normal conditions – this means that regardless of the speed limit posted, speeding can be considered on other factors such as the presence of pedestrians, other vehicles, as well as road and weather conditions.

Consequences for Reckless Driving

In California, the consequences and punishment for reckless driving depends on the driver’s actions and severity of the injuries they caused.

Reckless driving penalties may include:

• Monetary fines
• Jail or probation time
• Driver’s license suspension or revocation 
• Increases auto insurance premiums

If no one is injured as a consequence of reckless driving other than the driver, they can expect the following punishment:

• 5 – 90 days of jail time
• $145 – $1,000 in fines

However, if reckless driving causes an injury to someone else, consequences become more severe:

• Imprisonment in a county jail or state prison for 30 days to 6 months
• A fine between $220 and $1,000. 

Driving in a way that’s likely to cause injury to others can also result in charges of assault with a deadly weapon, which carries two to four years in prison.

Alcohol-related reckless driving can result in an additional one to two years of probation, as well as mandatory treatment programs.

If reckless driving is charged as a felony, penalties can include:

• Imprisonment in a county jail or state prison up to 3 years
• Fines up to $10,000

If the jury finds that the driver is considered risky, the judge may decide to suspend their driver’s license for the following periods of time:

• Up to 30 days upon first conviction of reckless driving
• Up to 60 days upon second conviction
• Up to 6 months upon third or any subsequent convictions
• License revoked for 6 months to life if they have three cases of reckless driving within one year.
• License revoked for at least 3 years if they kill someone as a result of reckless driving

The California Department of Motor Vehicles (DMV) may also add two points to the driver’s license for reckless driving, which may count as a conviction against them in future license suspension or other legal proceedings. 

The reckless driver’s auto insurance premiums may significantly increase as a result of their conviction depending on their individual risk to others. In some cases, their insurance company may decide to drop the insurance coverage altogether.

West Coast Trial Lawyers Can Help You With Your Car Accident Case

Have you or someone you love been injured in an accident caused by someone’s reckless driving? Victims who were injured in a car accident caused by an aggressive driver may be eligible to file a personal injury claim for damages. 

If you’ve been injured as a result of someone’s aggressive driving, you have the legal right to hold them responsible for their actions and in recovering your losses. Our qualified car accident attorneys can help you get the justice and compensation you deserve. 

To schedule a free consultation with our dedicated personal injury lawyers at West Coast Trial Lawyers, please don’t hesitate to contact our legal team by phone at 888-585-2793 or email at info@westcoasttriallawyers.com.

The post What is Considered Reckless Driving in California? appeared first on West Coast Trial Lawyers.

Distracted driving has become more prevalent with the rise of smartphone use in cars. According to the NHTSA, 3,142 people were killed in 2020 as a result of distracted driving.

The three most dangerous types of distracted driving are visual, manual, and cognitive distractions. And you know what checks all three of those boxes? Smartphones.

What is Distracted Driving?

Distracted driving is any activity that takes your attention away from driving. This answer sounds obvious, but most people would consider benign activities like singing along with the radio in the car as acceptable driving behavior. 

Anything that takes your total attention away from the road can be considered distracted driving. 

Why is Distracted Driving Dangerous?

Distracted driving is dangerous because operating a vehicle at any speed can be inherently dangerous–taking the smallest attention away from that increases the risk of danger. 

Activities like eating or using your smartphone can slow down your reaction times or your ability to make important decisions on the road.

These behaviors don’t just put you and your passengers at risk, but the people sharing the road with you, too. Is it worth killing a mother and child crossing the street just to look at a text message you might have missed?

The 3 Types of Distracted Driving

There are three main types of distracted driving. As we mentioned before, one particular activity encompasses all three, and that’s smartphone use. Here we’ll take a look at each type of distracted driving and how each affects your ability to drive a car safely.

Visual Distractions

Anything that causes you to take your eyes off the road, or takes your attention away even from your periphery, is a visual distraction. 

A glance at a smartphone, GPS map, a passenger in your car, or even checking the time on your dashboard is a visual distraction. A split-second glance at something else is enough time for you to get into an accident. 

Manual Distractions

Manual distractions while driving involve taking your hands off the wheel or any part of your car critical in its operation–like a shifter.

Again, smartphones all require manual use to get anything done on them, so they are manual distractions. Even if your phone is mounted on a dash or vent bracket, you should only check them when it is absolutely safe to do so, like when you’re pulled over.

Eating, applying makeup, searching for items in your car, and even just gesturing to your favorite song are all manual distractions. 

No life is worth taking for any of these driving distractions. Keep your hands on the wheel, be vigilant, and you won’t need to call us.

Cognitive Distractions

Cognitive distractions occur when your mind is not completely focused on the road ahead of you. This can involve reading something on your smartphone, engaging in an emotional conversation (either on the phone or with someone in the car), or even singing passionately along with your favorite song. 

Even if your hands are on the wheel and your eyes are on the road, a cognitive distraction can and will slow your reaction times. 

In fact, you might have even had moments when you were driving and missed your exit or junction because you were daydreaming. This is called Highway Hypnosis and occurs when your mental state is altered and focused somewhere else.

What Causes Distracted Driving?

Smartphones, eating, singing, daydreaming, and conversing with someone in your car (or worse, fighting with someone in your car) all cause distracted driving. 

You’ve probably experienced the frustration of being behind someone when a traffic light has turned green and they haven’t moved yet. What do you think they’re doing? They’re likely driving distracted and looking at their smartphone.

California’s AB 47 Laws and Distracted Driving

Previously, we’d written on AB 47:

California AB 47 went into effect on July 1, 2021. This law was primarily established to punish drivers who would use their cell phones while operating a vehicle. If a driver is caught performing such an action more than once within a 36-month period, they will be subject to serious repercussions, such as getting a point added to their driving record. If a driver continues to accumulate points within this three-year time frame, they can get their license revoked or suspended. 

West Coast Trial Lawyers

WCTL Will Support You After a Distracted Driving Crash

If you’ve been in an accident and suspect that the other person was a distracted driver, give us a call. Put your trust in our experienced car accident lawyers at West Coast Trial Lawyers to gather evidence and conduct an investigation that proves the other person was negligent and distracted. Let us get you the compensation and justice you deserve.

The post The 3 Types of Distracted Driving appeared first on West Coast Trial Lawyers.

The loss of a loved one brought on by the negligence of another person can be devastating to the surviving family members. In situations like these, bringing a wrongful death settlement can give the family the money they need to move forward. 

The average settlement for wrongful death cases in California can vary by case and can be difficult to predict. We’ll go over the variables that affect settlement amounts, typical payouts in California, and the wrongful death litigation process.

Factors that Affect Wrongful Death Settlement Amounts

Settlement amounts in California vary based on a number of factors, but the main one is the degree of fault by the defendant (or negligent party). If they are found to be completely at fault for your loved one’s death, then the settlement can be much higher. Other factors that affect wrongful death settlement amounts are:

1. Age of the Deceased

The age of the deceased plays an important role in the settlement amount. If the deceased was young, the settlement amount might be higher as they would have had more potential to earn in their lifetime.

2. Income and Earning Capacity of the Deceased

The deceased’s income and earning capacity before their death are major factors in determining the settlement amount. The settlement amount may be more significant if the deceased was the primary earner or breadwinner for the family, or if they had a high earning capacity.

3. Relationship with the Deceased

The surviving family members’ relationship with the deceased also affects the settlement amount. If the deceased was the primary caregiver or financial support for the family, the settlement amount can be significant.

4. Medical Expenses and Funeral Costs

The settlement amount may also include medical expenses and funeral costs incurred by the surviving family members. 

Typical Wrongful Death Compensation in California

In California, both economic and non-economic damages are covered by wrongful death compensation. The surviving family members’ monetary losses, such as medical bills, funeral fees, and lost salaries, are referred to as economic damages. 

Non-economic losses like pain and suffering, mental distress, and loss of companionship are covered under non-economic damages. Punitive damages, which are intended to punish the defendant for their wrongdoing, may also be included in the settlement.

According to the California Civil Jury Instructions, the jury considers several factors when awarding compensation, including:

• The age and health of the deceased
• The deceased’s earning capacity and potential
• The deceased’s character and habits
• The degree of financial dependence of the family members
• The emotional distress suffered by the surviving family members
• The typical compensation amount in California ranges from $250,000 to $500,000. However, this amount can vary significantly based on the factors discussed earlier.

Legal Procedures in Wrongful Death Cases

In California, the legal processes for wrongful death cases can be complicated and drawn out. The surviving family members’ first step is to hire an expert wrongful death lawyer to submit the claim on their behalf. The lawyer will gather proof, speak with witnesses, and develop a compelling case against the defendant.

The defendant has the option to resolve the dispute out of court or have a trial after the claim is filed. A judge or jury will decide the settlement amount if the matter proceeds to trial based on the evidence presented.

Average Wrongful Death Settlement Amounts in California

The median wrongful death settlement in California is between $250,000 and $500,000. The actual amounts can vary depending on the severity and other details of the case.

Overall, wrongful death settlements in California can be high and offer the surviving family members the support they need after the loss of a loved one.

However, determining the appropriate settlement amount requires a thorough evaluation of the case, so it’s crucial to have an experienced wrongful death attorney who can fight on the family’s behalf.

If your family member passed away due to the negligence of another party, call us at 213-996-0790 for legal advice and let us pursue a wrongful death claim. The compensation can help you cover the financial losses and provide some degree of closure and justice.

FAQs About Wrongful Death Cases in California

What is a wrongful death claim?

A wrongful death claim is a legal action taken by the surviving family members of a person who has passed away due to the fault of another party. It seeks compensation for the losses suffered by the family members, including financial losses, emotional distress, and loss of companionship.

Who can file a wrongful death claim in California?

In California, the surviving spouse, domestic partner, children, or other dependents of the deceased can file a wrongful death claim.

How long do I have to file a wrongful death claim in California?

In California, the statute of limitations for filing a wrongful death claim is two years from the date of the deceased’s death.

What damages can I recover in a wrongful death case?

In a wrongful death case, you can recover economic damages such as medical expenses, funeral costs, and lost wages, as well as non-economic damages such as pain and suffering, emotional distress, and loss of companionship.

How much does it cost to hire a wrongful death attorney?

Most wrongful death attorneys work on a contingency fee basis, which means they don’t charge any upfront fees and only get paid if they win the case. The contingency fee is typically a percentage of the settlement amount, which varies between 33% to 40%.

The post What is the average wrongful death settlement in California? appeared first on West Coast Trial Lawyers.