Doyle and O'Donnell HomepageDoyle and O'Donnell

Personal Injury and Employment Law

(916) 706-2616

Our Blog

by

How Fault Is Determined After a Car Accident

According to the National Highway Traffic Administration (NHTSA), car accidents occur every minute of the day. Car accidents aren’t always deadly, but they can certainly cause some damage to your car, and to you. After car accidents, people are usually thinking two things: Is everyone okay, and who’s fault was this? There are some ways that fault is determined after an accident by an insurer’s perspective.

Fault-Based vs. No-Fault States

The majority of states carry a fault-based system for auto accidents. This means that in the case of an auto accident, the at-fault driver’s insurer will typically help pay for repairs, medical expenses, and other losses such as pain and lost wages, all through that driver’s liability coverage. This is the system that most of us are familiar with; however, they don’t follow these rules in no-fault states.

In no-fault states, every driver is required to submit a claim through their insurance after an accident, regardless of who is at fault. After an accident, each driver’s insurance company pays for the insured’s medical expenses up to a certain threshold. Under no-fault laws, motorists may sue for severe injuries and for pain and suffering only if the case meets certain conditions.

Fault for Car Insurance Settlements

There is often a lot of “he said, she said” after an accident, because neither parties want to be at fault. This is when police reports come in handy, because they can ultimately break the tie. They also help insurers figure out what exactly happened in the accident, which will help the case. Gathering evidence is very important when dealing with insurance, because they will also help determine who is at fault. This can involve taking pictures and getting information from other drivers and witnesses. Avoid admitting fault at the scene of the accident, because you might not know other pieces of information. When speaking to police, give the facts that you know and, instead of saying “no” when you are unsure, just simply tell them you are unsure.

Car accidents can be very scary, and you might not know the exact cause of the car accident. Make sure to take pictures and try your best to accurately describe the situation to police officers when they arrive at the scene. If you have any questions about the legality behind car accidents, call our office.

by

When to Sue for House Fire Injury or Death

A woman passed away from smoke inhalation after a fire in her home. Her family filed a wrongful death suit against their home security system because, apparently, the company ADT was alerted twice to a problem at the home. The employee tried to reach the homeowners, but when no one answered they decided to clear the incident instead of reporting it to emergency personnel.

It was not until 90 minutes later that a city employee called 9-1-1. Unfortunately, Elizabeth Frost did not make it and later passed at the hospital. The family was then again disappointed because the case was dismissed by U.S. District Court Judge Julie Robinson. While it seems that the security company would be partially liable, it was most likely dismissed because people are not required by law to help other people, or to call 9-1-1. Further liability for the fire most likely lies solely with those who started the fire.

Key Takeaways

  • Liability for a fire rests in the hands of the person who started the fire, not the person who failed to report the danger
  • Depending on the type of home breach, a security system company may not be responsible for ensuring your safety

When to Sue for House Fire Injury or Death

by

Mother Sues for $60M After Child Dies in ICE Custody

A women was left devastated after her child died as a result of an illness she contracted while being detained by ICE. Yazmin Juarez was the mother of 19-month-old Mariee, and both were detained at an Immigration and Customs Enforcement (ICE) detention facility located in Texas. There, Mariee came down with an upper respiratory infection. She reportedly received subpar care from multiple nurses and one doctor, including being given medication that was not recommended for children under two. After two weeks, they let mother and daughter leave, and Mariee was then hospitalized and died 6 weeks later. Yazmin Juarez filed a wrongful death claim for $60 million dollars against the US government.

 

Key Takeaways

  • Wrongful death suits are being filed as a result of poor living conditions and care for those who were detained at the border
  • There are duties of care that must be offered at these detention centers regardless of immigration status
  • There are likely to be more lawsuits against the US government as a result of these poor conditions

 

Mother Sues for $60M After Child Died in ICE Custody

 

by

McDonald’s Drinks Spiked With Opioids and Cleaning Products

Consumers expecting to order and consume fast food at McDonald’s free of non-food items were sorely disappointed recently, when a drive-through customer ordered a diet coke laced with the popular heroine-substitute, buprenorphine, and another consumer, ordering a latte and expecting a latte, ended up with cleaning fluid in her cup.

McDonald’s Drinks Spiked With Opioids and Cleaning Products

by

Fatal Food Poisoning: English Mom Dies After Eating Uncooked Chicken in Greece

This article describe the death of Natalie, Stewart Rawnsley’s wife. While on vacation in Greece, she ate an uncooked piece of chicken leading to food poisoning and death the same night she ate the vile food. The infections expert Professor Sebastien Lucas says that she might had “the wrong genes”, meaning that the proteins that control blood clots become overactive and the food poisoning might have speed up the process. There is not certainty if Stewart is going to take legal actions against the hotel that served the raw chicken.

Fatal Food Poisoning: English Mom Dies After Eating Uncooked Chicken in Greece