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Los Angeles County Personal Injury Law Blog

Common types of medical malpractice

When you see doctors for any health problem, you rely on their experience and knowledge. Unfortunately, sometimes faith in a health care provider turns out to be unfounded. A physician or other provider who makes a mistake can inflict serious and lasting harm.

Not every medical mistake can serve as the basis of a medical malpractice suit. Additionally, the fact of a bad patient outcome on its own does not mean that a doctor did anything wrong. The general standard for deciding if the doctor could be at fault involves examining whether his or her actions met theĀ general care standards in the field based on current practice and guidelines.

Pedestrian deaths increase nationwide

Pedestrian deaths are on the rise across the nation, according to the San Francisco Chronicle, and California had more than any other state in the nation. A report by the Governors Highway Safety Association showed 2016 had an increase of 11 percent in pedestrian deaths nationwide compared to 2015, which puts these fatalities at an all-time high.

There was a 25 percent spike in pedestrian deaths across the country between 2010 to 2015, and distracted driving and walking takes much of the blame. Increased use of cell phones and other wireless devices for both drivers and pedestrians is considered the “major societal change” that has fueled the large uptick in pedestrian fatalities. Other factors include the healthy economy and low price of gas, which has increased travel and vacations, getting more people on the road as both drivers and pedestrians.

Commercial trucking poses risks to the public

California residents are no strangers to busy roadways. While vehicle accidents may to some degree be considered normal, they are never anything that a person wants to be involved in, especially when they involve very large commercial vehicles like semi trucks. Just how dangerous are these vehicles?

In 2010, the National Highway Traffic Safety Administration pointed to the fact that California experienced more than 2,100 fatal vehicle accidents in identifying it as the second most dangerous state in which to drive across the entire United States. Of those fatal crashes, 235 involved large trucks. The year before, the Federal Motor Carrier Safety Administration indicated that more than 3,000 people in passenger vehicles were killed in crashes involving commercial vehicles and another 74,000 people were injured in such accidents.

What is the Department of Fair Employment and Housing?

Have you been concerned about or suspected that you have been impacted by some type of discrimination at work in California? Maybe you have felt discriminated against in the process of seeking a job for which you were not ultimately hired. When these things happen, you need to know what rights you have and what laws and agencies handle these issues.

The California Department of Fair Employment and Housing is the government agency that oversees such concerns. They are responsible for making sure that employees' rights under state laws like the California Family Rights Act and the Fair Employment and Housing Act are not violated. If you do believe that your rights granted under one of these laws has been violated by an employer or a potential employer, you may file a pre-complaint inquiry with the California Department of Fair Employment and Housing. This must be done within 12 months of whatever act you are alleging took place.

Woman dies in suspected drunk driving motorcycle crash

Many people in California residents enjoy operating motorcycles and the feeling of freedom that can come with doing so. Other people find being a passenger on a motorcycle equally enjoyable without the responsibility of having to drive the bike. People in both positions, however, can face serious risks if an accident occurs. These crashes may be caused by other vehicles or by motorcyclists themselves that leave their passengers injured.

The actions of one motorcyclist along a stretch of the 101 Freeway in Encinco are believed to have caused the death of the passenger on the motorcycle. The 27-year-old biker himself was injured and required hospitalization. Reports indicate that he would ultimately be charged with gross vehicular manslaughter while intoxicated and driving under the influence causing injury.

Bullying by a co-worker

Have you ever felt as though a colleague has treated you inappropriately at work in California? If so, you are sadly not alone. Forbes indicates that a researcher from the University of Phoenix suggests that nearly three-fourths of all workers in America have experienced some type of bullying at work. Additionally, this bullying may happen from people in a range of positions from those above you to those below you as well as from your own peers.

Just what is workplace bullying? It can involve any type of behavior that is abusive in nature, especially if it is repeated or ongoing. It may even get worse over time. It is often something that people who feel threatened by the success of others do. This may happen perhaps as a way of compensating for what some believe to be their own shortcomings. It may be the alternative some choose to working harder to succeed.

What Types Of Compensation Are Possible In A Personal Injury Case?

Our firm recently published a SlideShare that describes the different types of compensation that a plaintiff can demand in a personal injury lawsuit. Learn more about your rights by reviewing this presentation.

How common is sex-related harassment at work?

If you have heard reports about people saying they have been harassed at work because of their gender or that they have encountered sexual harassment in the workplace in California, you may have wondered how often this actually happens. Maybe you have known someone who has experienced this type of harassment. Perhaps you have even been on the receiving end of such inappropriate and illegal behavior. The Equal Employment Opportunity Commission collects and reports data on the number of reports of sex-based harassment filed around the nation and that can give some insight into how broadly spread this problem is.

In 2016, there were 12,860 total reported cases of harassment involving sex. That is more than in 2015 when there were 12,573 such reports. The number of those cases that involved sexual harassment allegations was 6,758 in 2016 and 6,822 the year before in 2015. A total of 16.6 percent of the 2016 cases were settled while only 11.4 percent of the 2015 cases were settled.

Understanding liability in ridesharing accidents

As more and more California residents use ridesharing services, like Uber and Lyft, instead of taxis, understanding the implications of car accidents involving these vehicles becomes increasingly important. As Wired reports, ridesharing services began an increased insurance coverage for drivers in July 2015.

Forced to clarify the policy after the tragic death of a child, these services are now at least partially responsible for covering against claims from third parties any time their drivers are logged into the app. However, collision insurance is only provided through the ridesharing company when a driver either has a passenger or is on the way to pick one up. This means that if a car is hit by an Uber or Lyft driver who is logged into the app when he or she did not have a passenger in the car and was still waiting for a rider, the driver’s personal insurance is held liable. Company insurance is used for accidents occurring while passengers are in the car, the driver is on the way to pick someone up or the driver has the app on, but hits a pedestrian or causes some other property damage.

Know your rights at work

Work can be back-breaking and intellectually consuming, so it is important to be paid fairly, and in California there are specific laws protecting employees from wage theft or discrimination. Not only do employers need to meet the state minimum wage, there are other laws on the books affording rights to California workers.

According to NBC News, the Golden State has the lowest gender pay gap in the country. This may be due in part to a law that prevents employers from asking applicants about previous salary history, as women are often paid less than male colleagues for the same work. This law helps workers from being locked into a career of earning below their potential since the negotiation will not be based on an arbitrary number determined by a different company in different circumstances. It is also important to note that under both California and federal law, it is illegal for an employer to punish any employees who choose to discuss their wages.

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Law Offices of Mauro Fiore, Jr.

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