With a high speed chase, you might only hear those police sirens for a few seconds before the cars come whizzing by you on the street.  Sometimes, maybe not even long even to property move over to the curb – or at least get partially out of the way!  Too often, however, those high speed police chases cause accidents and injure the innocent drivers on the road.   The courts were then faced with having to decide whether, or to what extent, a police officer could be liable to an injured driver for causing an accident as a result of a high speed chase.  I mean, if regular drivers who speed through the streets and intersections cause and accident, they’re liable to those they’ve injured.  Why shouldn’t the police be liable for causing the same accident?

Well, it’s not that simple I guess.  They’re in the “line of duty,” driving “authorized emergency vehicles,” and pursuing criminals.  State laws even provide for a limitation of liability.  For example, California Vehicle Code Section 17004 states the following:

“A public employee is not liable for civil damages on account of personal injury to or death of any person or damage to property resulting from the operation, in the line of duty, of an authorized emergency vehicle while responding to an emergency call or when in the immediate pursuit of an actual or suspected violator of the law, or when responding to but not upon returning from a fire alarm or other emergency call.”

By enacting these kinds of liability-limiting laws for police and other emergency vehicles, “we the people” have decided that the interests of justice are served by granting the police “immunity” from prosecution for injuries that may occur during pursuing fleeing suspects.  Many of those suspects who flee have just committed serious crimes – car jacking, murder, robbery… but sometimes police conduct high speed pursuits over less serious offenses.  If the police were prohibited from speeding to chase after them…. the suspects would simply just get away.

But the line has to be drawn somewhere.   Some might argue that all high speed chases endanger the innocent other drivers on the road – that the police act in “reckless disregard” for the safety of the public on the roadway when they conduct a high speed chase.  Even further, sometimes the way in which a high speed police car pursuit is conducted actually “shocks the conscience” of the community.  For instance, would a high speed chase in excess of 100 mph along neighborhood streets in front of an elementary school be okay in pursuit of a minor traffic offender? If a 6-year old girl was killed by the police car while she crossed the street to go home… well, we might then look at that high speed chase and determine that it not only was in “reckless disregard for public safety,” but that it does in fact “shock the conscience.”

The courts have struggled over the years with what should be the standard for determining if a high speed chase was dangerous enough to hold law enforcement liable for violating our constitutional due process rights in connection with injuries sustained from such high speed chase.   Should it be a police pursuit that is simply “reckless”… or should it be only if a high speed chase is so reckless that there is a “conscious, knowing disregard for human life and safety”… or should it be the even higher standard of only when a high speed pursuit under the circumstances actually downright “shocks our conscience.”   Conduct that “shocks the conscience” is conduct that is “deliberately intended to injure in some way unjustifiable by any government interest.”  The “shock the conscience” standard is currently in use by the courts.  

The issue is incredibly important from a policy perspective because if the standard for constitutional liability is very high, then law enforcement will rarely be found liable.  If the standard is lower, more liability will be found, which will result in fewer apprehensions of criminals.

If you’re interested, you can read some of the court cases on this topic below: 

U.S. Supreme Court – COUNTY OF SACRAMENTO, ET AL., PETITIONERS v. TERI LEWIS AND THOMAS LEWIS, PERSONAL REPRESENTATIVE OF THE ESTATE OF PHILIP LEWIS, DECEASED, May 26, 1998.

9th Circuit Court of Appeals – Noni ONOSSIAN; Cyril Onossian; Herve Onossian, Plaintiffs-Appellants, v. Sherman BLOCK; Michael Antonovich; Deane Dana; Ed
Edelman; Kenneth Hahn; Gloria Molina; County of Los Angeles; Daniel Finn; Larry Yates; Bruce Thomas, & One Hundred Unknown Named Employees & or Officials of County of Los Angeles, Defendants-Appellees, May 26, 1999.

What’s the picture in your mind when you think of riding an ATV (All-Terrain Vehicle)?  Sunny afternoon, summer, laughing, kids riding ATVs on beach dunes by the ocean?  Or even a rockin’ racing session?  How about riding through an ATV park on trails and hillsides?  Joy, bliss, fun, excitement! 

What you probably didn’t picture, though, is the other side of it – the accidents, the injuries….. the deaths. 

The U.S. Consumer Product Safety Commission has issued a safety alert for All-Terrain Vehicles because too many riders have died or experienced life-altering injuries from accidents involving ATVs.  In recent years, the number of ATV injuries is reportedly in the hundreds of thousands  – and about one-third of all deaths and injuries involve victims under the age of 16.  (See:  ATVSafety.gov)

While riders can certainly take care in observing safety precautions (like wearing a proper helmet, taking an ATV safety training course, avoiding riding with passengers or tandem, etc.), some ATVs may have simply been poorly manufactured.  Click here for a list of the latest ATV recalls.

To help prevent unnecessary injuries and deaths, ATVSafety.gov reports that 44 states have already passed ATV safety laws of one form or another, with each statute tailored to meet the needs of its particular region and constituency.  Click here to learn more about the laws in your state.

Finally, if you’ve been involved in an ATV accident or injury situation, contact an attorney who is experienced in this particular field.  LawInfo recently launched a new ATV Accidents center on its website – check it out: LawInfo’s ATV Accidents web center.   Also, find ATV professionals who can be interviewed as ATV accident reconstruction experts.

By all means, have fun….  just be safe.  And if you get into trouble, contact an attorney to learn more about how to protect your legal rights.

If you’ve just been in an accident, or been injured by someone, you might be wondering whether or not you should hire a lawyer.  If your injuries are very minor, such as a bruise or a little embarrassment, you might not need a lawyer, but it doesn’t hurt to contact one just in case you have a bigger legal claim than you think! 

If you’ve suffered moderate to severe injuries, you should definitely consult an attorney for assistance.  Did you know that in most cases a good attorney can help you get compensation for your injuries without even having to go to court? Most personal injury lawsuits are based on good fact-finding and steadfast negotiation more so than on black-and-white laws. Attorneys know these rules and the tricks other lawyers use to try to get around them.  For instance, do you know which questions the other side can, and can’t, ask you?  Probably not…  But lawyers are trained on these matters and can raise appropriate objections when necessary to prevent you from having to respond when you don’t need to.  While this sounds simple enough, many a case has been won or lost on simple facts.  

Also, when it comes to negotiating a settlement on your own, you will almost always fare worse than if you had a lawyer’s help.  Experienced attorneys know the average settlement range for similar injuries in the courts in your area.  Also, they know how the laws would be treated in your particular case and how such circumstances would either entitle you to more or less than the average award. 

Finally – let the pros handle the process.  Lawyers know the legal process like the backs of their hands.  Usually, you don’t.   So going it alone would be like going from your neighborhood kickboxing class to the boxing championships…    While there certainly isn’t anything wrong with being an amateur, when your legal rights are at stake your odds of prevailing are best protected if you go heavyweight-t0-heavyweight. 

At the end of the day, talk to an attorney in the beginning to figure out how best to protect your legal rights. So schedule an initial consultation – most times they’re free. 

Learn more about accidents and injuries in LawInfo’s Free Legal Resource Center.

For those of us here in San Diego, this is not good news.

Chargers wide receiver Vincent Jackson was arrested on suspicion of driving under the influence 2 a.m. Tuesday morning in San Diego, authorities report. He was booked into county jail and was released by 6 a.m.

Jackson faces the misdemeanor DUI allegation as well as charges that he was driving on probation for a prior DUI. The results of his blood test are pending.

Chargers General Manager A.J. Smith issued the following statement on Jackson’s arrest:

“We’re aware of the off-the-field issue involving Vincent. Obviously we’re disappointed. We take these issues very seriously. Moving forward, we will monitor the situation and have no further comment.”

The Chargers face the Pittsburgh Steelers in a divisional playoff game on Sunday, January 11th, at Heinz Field in Pittsburgh. Jackson was at his career best in the 2008 season as the Chargers’ second-leading receiver with 59 catches and 1,098 yards. He also scored 7 touchdowns.

Driving under the influence (DUI) occurs when someone is operating, or is in actual physical control, of a motor vehicle while under the influence of alcohol or other controlled substance, to the extent that their mental faculties are impaired and/or their blood alcohol content (BAC) is above the legal limit.

Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or DMV approved alcohol program, mandatory overnight incarceration and the required installation of a car ignition locking device.

For more information on DUI, visit LawInfo’s free legal resource center.

Keep it together, Chargers!

If you’ve been injured, arrested, or sued, you’re probably wondering how much it would cost to hire a lawyer. Or you might not even TRY to hire a lawyer because you just assume that it’s too expensive, or that you could probably get by on your own.  This is, unfortunately, all too common.  In fact, a lot of people who DO hire lawyers have learned their lesson by getting burned the first time. 

The good news is  this – many attorneys offer free consultations.  So, there is no reason, other than a bit of your time, to meet with a lawyer and let them tell you how they could help you.  Also, most personal injury attorneys work on what’s called a ‘contingency fee basis.”  This means you don’t have to have a lot of money to hire a lawyer.  The lawyer will not charge you legal fees upfront, but will take his or her fees out of whatever settlement or award you receive.  Usually, the attorney takes a percentage of the recovery.  And.. if you loose the case, then the attorney doesn’t get a fee either.  Although, keep in mind the costs incurred for the lawsuit are ordinarily the client’s responsibility, either way it turns out. 

Or, another way to think about it is this… what would it cost you NOT to hire a lawyer?  What consequences could you suffer by not having proper legal advice or representation?  While in minor cases, you might be able to successfully resolve the matter yourself, for cases in which anything valuable is at stake (your freedom, your health, your money, your pain and suffering), the consequences of not hiring a lawyer could be devastating. 

Take the example of a debt collections case.  Many people don’t hire a lawyer because they figure they’re already in debt, how much worse could a lawsuit really make it?  Trust me, it can be worse.  Having a judgment for a debt owned and unpaid is another negative on your credit report.  Also, that creditor may have been willing to negotiate if you got a lawyer involved, because a lawyer knows better how to deal with creditors and what risks they take in pursuing a collection against you. 

Another example – getting arrested.  Too often, those charged with crimes try to go it alone, thinking they’ll figure it out as they go along.  Wrong!  Getting a lawyer involved as early in the process is crucial to protecting your rights. Law enforcement, including the prosecuting attorney, are highly skilled at getting criminal defendants to talk.  Most times, you unwittingly say something that ruins your chances of getting a plea deal.  If you have an attorney speak for you, that won’t happen.  Also, an attorney may even be able to get the case dropped or the charges reduced early on… making everything else easier for you. 

Finally, if you’ve been in an accident, most times it is not in your best interest to talk to that nice insurance adjuster.  Their job is to make you think the settlement they offer you is a “good deal”… but the insurance adjuster, no matter how nice they seem, is looking out for the insurance company’s best interest – not yours.  Only an attorney would know what a “good deal” is under the law given your situation. 
 So, please, if you’ve suffered an injury, are facing criminal charges, are involved in a lawsuit, or have any other legal matter pending, don’t possibly jeopardize your rights.   Contact an attorney and ask about an initial consultation.  Only make the decision NOT to hire a lawyer after you know what a lawyer can do for you. 

Good luck!

Just about every injured person is very concerned about the potential damages that could be won in a lawsuit.  The question is even more difficult when contemplating taking an out-of-court settlement or taking the case all the way to trial.  Attorneys are skilled at advising clients about the possible outcomes and perhaps even estimating a damages award.  However, no attorney has a crystal ball and taking a case to trial can certainly be less than predictable.  Lucky for us the U.S. Department of Justice, Bureau of Justice Statistics (BJS), conducted a study of over 27,000 lawsuits in 2005 to determine the trends in civil court lawsuits and awards.

The BJS study is the first nationally representative report about general civil lawsuits before a judge or a jury in state courts.  The report discusses the types of civil cases that usually end up going to trial, the differences between cases tried before judges or juries, the trending in plaintiffs’ win rates, and the median amount of damages awarded.  “Median” is the middle value in the total number of items analyzed.  Thus, half of the lawsuits returned higher awards than the median and half of the lawsuits returned lower awards than the median.  At any rate, it is a useful resource showing the trends in lawsuit verdicts and awards. 

The report shows that plaintiffs won more than 50% of the time in state court civil trials and took home a median damages award $28,000. Less than 5% of all plaintiff winners won an award of $1,000,000 or more.  The median damages award in federal court was reported at over $200,000.  The cases with the highest estimated median damage awards included medical malpractice ($600,000) and product liability ($350,000) cases. Product liability cases and medical malpractice cases have seen the highest increases in jury awards.  The findings were recently published in a BJS press release.  A summary of the findings can be found here.

If you’ve been injured in an automobile accident or by a defective product, if you think you might be the victim of medical malpractice, if you have a real property dispute, or if you have another litigation matter, contact an attorney in your area for more information about your legal options.  The amount of damages you could recover will depend greatly on the specifics of your case.

Are you facing a legal issue?  Have you been sued, or are you wondering about foreclosure?  Did you just have a medical procedure that didn’t turn out as you expected?  Is bankruptcy looming?  What about your family life – are you and your spouse considering divorce?  Do you need to update your will?  Has someone you love been arrested for a DUI? 

These are examples of only some of the most common legal issues.  The fact is we actually deal with the law more than most people think.  More importantly, when we face a legal issue, many of us might not know where to turn for answers.  The legal system can certainly be overwhelming – especially because the consequences are often so grave. 

Since 1994, LawInfo has been providing the public with quality legal resources they can count on.  The idea for the company even came out of the founder’s own legal needs!  How do you find the right attorney?  How do you know the attorneys you contact are in good standing with the state bar association?  What if you want to learn about a legal issue before you talk to a lawyer?  Well, these are the reasons LawInfo was established!  LawInfo has a whole library of information about the most common legal issues including answers to frequently asked questions, articles, legal guides, legal forms, and other information – ALL FREE TO THE PUBLIC!  The really great thing is this – you can also easily find an attorney who will understand your legal needs.  It’s all designed to help the public – help someone find answers they need and find an attorney who can help them. 

Learn more about LawInfo’s Free Legal Resource Center and Find the Right Attorney in your area today!

So you have been injured and are looking to pursue legal action. Hiring the right personal injury attorney for the job is critical and can literally make or break your case. When meeting with an attorney for the first time, there are a lot of questions that need to be asked to decipher if an attorney is a viable fit for your case, and for you personally.

The following are the top ten questions that should be discussed in your first meeting with a personal injury lawyer:

1. How many years have you practiced law, specifically personal injury?

Your prospective personal injury attorney should not be a newbie, but a trained, seasoned professional. Younger attorneys, although they may be used to perform some of the work on your case, should not be given full case-management authority until they have a little more experience under their belt.

2. Have you taken cases like mine to trial or settlement, and if so, how many?

An experienced personal injury attorney will have taken several cases like yours to trial and/or settlement. This answer is an indicator of the prospective attorney’s skill and success rate.

3. How much of your practice focuses on personal injury cases like mine?

A personal injury attorney should focus at least 75% of his or her time on the subject matter involved in your case.

4. Will you use other attorneys or paralegals on my case?

Other attorneys and paralegals are often used to perform important tasks, but should play a limited role. It is important that you ask to meet them and use your own personal judgment to evaluate them. Even though the subject matter and law governing your case might be unfamiliar to you, you should not discount your ability to size-up potential legal staff.

5. What is your policy regarding returning my phone calls?

The most frequent complaint of clients is unreturned phone calls. Your attorney should have a 24-hour turnaround on client phone calls, taking into consideration unforeseeable circumstances. It’s a good idea to have this policy written into your retainer agreement with your attorney to ensure compliance.

6. Will you explain to me all of the court procedures, legal concepts, fee arrangements, billing practices, retainer agreements, and payments of costs?

These questions are often time-consuming, but very important. Your attorney should explain to you, in detail, all of the above matters thoroughly.

7. What is your method or strategy for handling cases like mine?

An experienced personal injury attorney should have a streamlined process for “working-up” cases like yours. The level of detail contained in the attorney’s process will demonstrate his or her organization skills and familiarity with the subject matter and law of your case.

8. What is the likelihood of a quick settlement or trial?

Taken from legal horror stories of the past, beware of the attorney who promises a quick settlement or trial! However, your attorney should be able to provide a well-reasoned estimate of the time necessary to reach disposition of your case.

9. Do I even have a case? And if so, what do you think my chances are for receiving a settlement?

An experienced attorney should be able to inform you if your case is worth pursuing and/or if there exists a possibility of recovery. Sometimes people are hurt, injured, or suffer injustice and there is no legal remedy. A good attorney will provide you with his or her strategy for your case, explaining the steps they will take and the likelihood of your success at trial or settlement.

10. Do you have a policy of professional liability insurance?

Like doctors, all attorneys, personal injury or otherwise, should maintain a malpractice insurance policy in the event that mistakes occur on your case.

For more information about personal injury attorneys, or to discuss your personal injury case, click here.

A defective windshield wiper motor is legally classified as a dangerous or defective product. A defective product is one that causes a personal injury or illness (including physical or psychological) as a result of a defect in the product or its labeling. Products that could be potentially dangerous or defective cover a wide gamut of items including household cleaners and cleaning products, toys, automobiles, office products, health and beauty aids, medical appliances or devices, prescription pharmaceutical drugs and even everyday over-the-counter medications.

The designer, manufacturer, and others involved in the chain of commerce, including the distribution of the products that caused the injury or illness, can be held legally liable for injuries and illnesses caused by a defective product. These types of claims are typically filed as products liability lawsuits and can be brought by an individual or a class action claim.

For more information about the 2003 Accord recall, contact Honda at 800-999-1009. Although no injuries/accidents have been attributed to the defective Honda wipers, if you feel you have suffered injuries due to this product, contact a qualified Lead Counsel Products Liability Lawyer in your area today to discuss your legal claim.

Sept. 12 _ Simpson checks into the Palms hotel-casino for a friend’s wedding and parties late at a casino nightclub.

Sept. 13 _ Simpson contacts former golf buddies Clarence Stewart of North Las Vegas and Walter Alexander of Mesa, Ariz., who were also in Las Vegas for the wedding. They discuss a plan to take sports memorabilia from dealers Alfred Beardsley and Bruce Fromong.

About 7:30 p.m., police say, the three men and three others meet broker Tom Riccio, rush into a hotel room at the Palace Station casino and seize items at gunpoint from Beardsley and Fromong. Beardsley and Fromong report incident as armed robbery. Simpson is questioned at the Palms hotel.

Sept. 14 _ Police name Simpson as a target of investigation. Simpson is again questioned by police. Simpson tells The Associated Press no guns were involved and some of the items belonged to him.

Sept. 15 _ Police arrest Alexander at McCarran International Airport, question him and charge him with assault and armed robbery. He is released without bail. Simpson attends the wedding of his friend, Tom Scotto, at the Little White Wedding Chapel.

Sept. 16 _ Simpson is arrested at the Palms, questioned by police, arrested and booked into the Clark County jail on felony armed robbery, assault and conspiracy charges. A judge orders him held without bail. Police announce they are seeking several other men.

Sept. 17 _ Stewart surrenders to police, turns over items believed to be taken from Beardsley and Fromong, and is released on $78,000 bail. Fromong suffers a heart attack and is hospitalized in Los Angeles.

Sept. 18 _ Michael McClinton surrenders to police. Prosecutors formally charge Simpson, McClinton, Stewart and Alexander with nine felonies including kidnapping, which carries a possible life sentence. Simpson is charged with an additional felony count of coercion with a deadly weapon.

Sept. 19 _ A judge sets $125,000 bail for Simpson, who posts bond, is released from jail and returns home to Florida. Beardsley is arrested in Las Vegas on a California parole violation. Charles Cashmore, of Las Vegas, surrenders.

Sept. 20 _ Beardsley appears in Las Vegas court, waives extradition to California and is ordered held without bail.

Sept. 21 _ Cashmore is arraigned and Charles Ehrlich, of the Miami area, turns himself in on felony charges. A judge sets bail for both at $32,000.