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Defective Medical Products

Defective Medical Products

Personal Injuries

Dangerous Prescription Drugs

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Are Boats Required to Have Insurance in California?

  California law does not require boaters to insure their boats. Despite California’s policy on boater’s insurance, it is wise to get coverage to minimize risks to your personal assets. Boating insurance is like car or home insurance; it covers

Top Five Traffic Violations That Cause Auto Accidents

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Photo Courtesy of NBC News

Getting from point A to point B should be accident free. Unfortunately, auto accidents happen every day in Sacramento, many of which are preventable.

Top 5 Causes Of Car Accidents

There are multiple variables that can cause car accidents. However, the following factors contribute to the highest number of accidents:

  1. Following Too Close 
    California Motor Vehicle Code (CVC) 21703 (a) requires you to follow the vehicle in front of you at a distance that allows you to stop, no matter how quickly that vehicle stops. A safe distance for following another vehicle varies depending on various factors including vehicle speed, weather, visibility and other road conditions. However, the three-second rule may help you judge this distance: if the vehicle in front of you passes an object, there should be a three second period before you pass that same object. Driving too closely behind another vehicle, or tailgating, eliminates the safe distance needed to avoid an accident. Motorists who are complacent and do not allow for sufficient stopping distances can cause rear-end collisions.
  2. Failing to Obey Traffic Laws 
    Behaviors that can cause serious car accidents include making illegal U-turns, failing to stop at stop signs or stop for red signal lights. California law doubles the fine for red light violations.
  3. Driving Under the Influence of Alcohol or Drugs (DUI) 
    In the recent year, drunk driving fatalities represent approximately 29% of all total traffic deaths. Not only is this astonishing but also unacceptable. On September 28, 2015, Governor Brown approved a bill requiring interlocks for all convicted drunk drivers in four counties in California – Alameda, Los Angeles, Sacramento, and Tulare.
  4. Speeding
    Speeding is one of the leading causes of car accidents in California. Driving in excess of the posted speed limit, or at any unsafe speed, reduces reaction time. Speed increases the likelihood that a crash will be catastrophic or fatal.
  5. Left Turns
    The most common cause of car accidents, after rear-end collisions, is the failure of a motorist turning left to yield the right-of-way to oncoming traffic. According to CVC 21801 (a), a driver must continue to yield the right-of-way to approaching vehicles until the turn can be made with reasonable safety.

Other leading causes of accidents include poor road conditions, manufacturer defects, and distracted driving. The National Safety Council estimates that 21% of all crashes involve cell phone use.

What should you do if you’ve been in an auto accident? 

1. Make sure no one is hurt.

2. File a report of the collision as soon as possible. Gather the following information:

Take pictures if possible. Documenting the scene of the accident, vehicles involved, and your injuries, are valuable evidence when pursuing a personal injury claim.

3. Write down what happened 

4. Do not speak with the insurance company

5. Keep all accident-related records 

Call Our Sacramento Personal Injury Lawyers | California Auto Accidents 

If you or a loved one were injured in an auto accident, caused by another party’s negligence, you should contact our experienced personal injury lawyers to help protect your legal rights. You may be entitled to compensation for accident-related expenses such as medical bills, lost wages, and pain and suffering. Call us at 888-997-5170 for a free case consultation. You can focus on your recovery, and we will focus on your case.

65-year old woman found dead after hit-and-run in Gibson Ranch

On the morning of Saturday, June 18, the body of a 65- year old woman was found in a ditch in the Elverta area near Gibson Ranch, California. Police later identified the body as that of Donna Zurfluh, who was walking on the south side of Elverta Road between 2am and 6am when she suffered a hit-and-run collision. The stretch of road she was walking did not have a pedestrian path, and was dark when she was killed. The speed of the vehicle and cause of the collision have not yet been determined. Ms. Zurfluh served her community by teaching adults with special needs and running a recovery program for people struggling with substance abuse – we extend our sincere condolences to Ms. Zurfluh’s family and community who are undoubtedly feeling the pain of loss in her absence.

Pedestrian Injury Statistics

According to the National Highway and Traffic Safety Administration (NHTSA), most pedestrian deaths occur between 4pm and midnight during weekdays, while most weekend fatalities occur between 8pm and 4am. Males seem more likely to suffer fatalities as pedestrians, with 70% of pedestrian fatalities in 2011 being male. Roughly one-fifth of children 10 to 15 years old killed in traffic accidents were pedestrians, with roughly the same figure holding true for those 65 and older. 62% of those involved in pedestrian fatalities were adults ranging from the ages of 21 and 64. Alcohol seems to be a significant factor in these pedestrian fatalities, with 37% of pedestrians killed in 2011 having BACs of .08 g/dL or higher at the time of the accident.

Victim’s Legal Rights

In addition to criminal sanctions for fleeing the scene of accident, drivers can be subject to civil penalties for causing harm by breaching their ordinary duty of care. In situations involving automobiles, drivers owe a heightened duty of care due to the dangerous nature of high-speed automobiles. If you, or a loved one, suffered injuries in an automobile accident, and you believe the driver failed to act with ordinary care, call a California personal injury attorney to receive the help you need and deserve.

Distracted Driving is Deadly Driving

Distracted Driver Kills Father, Son Left In Critical Condition 

Sacramento, CA- CBS Sacramento reported on a father who was killed and his son left in critical condition after a car hit them Sunday morning. Mustafa and his son Andrew were biking in their neighborhood when a distracted driver was texting and drifted into their bike lane. Unfortunately, Mustafa and Andrew were not wearing helmets yet rode their bikes in the bike lane. Just a week ago, the family immigrated to the United States from a village in Afghanistan in fear of ISIS retaliation. They came to the United States to start a new life, a safer life.

Distracted Driving Statistics 

Distracted driving is deadly driving. In 2012, 3,328 people were killed and 421,000 were injured in distraction-affected crashes, according to the National Highway Transportation Safety Administration (NHTSA) and VTTI.

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Potential Legal Claims

The California Highway Patrol (CHP) states the driver stayed at the scene and the investigation is ongoing. No arrests were made. Texting while driving is against the law in Sacramento County and in the state of California. In this situation, the at-fault party is generally liable for injuries or losses occurring as a result of their distracted driving.

If you are involved in an accident resulting from the distracted driving of another driver, you are potentially entitled to compensation.  Our experienced distracted driving accident attorneys in Sacramento will seek maximum compensation for you or your loved one’s full recovery.

I was just in an auto accident. Who do I call?

The answer: First, call 9-1-1 or the police. Second, call an attorney. Third, call your insurance company.

Most people are usually shaken up and unsure of their next steps after getting into an accident. Your mind is racing with thoughts like, ‘Am I hurt?’ ‘Are my children are safe?’ ‘Do we need to move off the road?’ and ‘I really hope that other person has insurance.’ With so many thoughts, calling an attorney is one of the last things on your mind. In reality, it should be one of the first things you do after an auto accident.

More often than not, our clients call us seeking help months after they were involved in an accident. When we ask why they waited to call us, the story is typically the same; the process became too complicated, the insurance companies were beginning to act unfairly, or the other party to the accident started changing their story. This passage of time occurs frequently and poses many challenges for your potential case.

The goal for any good attorney is creating an exact picture describing the day of the accident for the jury. They need to present the weather conditions (rainy, windy, snowy, etc.), road conditions, and essentially show the jury exactly what happened. The more you place the jury in the actual setting of the accident, the more successful the outcome of your case. However, waiting months after an accident to call an attorney creates significant problems with preservation of evidence and trial preparation. Most attorneys will want to hire an investigator to travel to the scene of the accident and take pictures. If your car accident was in June, and you waited six months to call an attorney in December, the road conditions will be different (possibly covered in snow), the weather will be different, and the surrounding area might change (i.e. road work, construction).

The passage of time also causes problems if you were injured as a result of your accident. It is difficult to remember exactly how you felt after the incident, the course of your medical treatment, and the severity of your pain. Calling an attorney early after an accident, allows us to walk you through the entire process and ensure all of the relevant evidence is preserved in order to put your best case forward.

If you call or retain an attorney, it does not automatically mean your case will go to trial. Attorneys can be incredibly helpful in dealing with insurance companies and the other party to the case. In addition, an attorney coordinates any medical treatment and investigation regarding the accident. You want to ensure all of the evidence is preserved in the event you go to trial. You are likely to lose important evidence the longer you wait to call.

So, if you are ever in an auto accident, call 9-1-1 first, then call an attorney, and contact your insurance company. This alleviates the stressful process of dealing with the accident so you can focus on your recovery, and make sure we put forth the best case possible for you. If you, or someone you know, were injured in an auto accident, call Ian Barlow or Stuart Talley of Kershaw, Cook & Talley at (888) 997-5170. An attorney will focus on your case, so you can focus on yourself.

Defective & Dangerous Products

Chicago Medical Malpractice Lawyers

The attorneys at Kershaw, Cook & Talley successfully represent consumers in lawsuits against manufacturers and companies involving defective products and product recalls. Our experienced trial attorneys recover thousands of dollars on behalf of injured individuals in cases involving defective medical devices, dangerous drugs, car defects and more.

Referring Attorneys

Best Chicago Medical Malpractice Lawyers

At times, attorneys require further expertise and resources, legally and financially, to resolve a legal matter. We have the team, capability and dedication to handle challenging cases. If you have a case exceeding your resources with respect to workforce or experience, consider contacting our firm. We welcome referrals from firms in Sacramento and throughout the United States.

Our Services

Medical Malpractice Lawyers, Kershaw, Cook & Talley

We provide free case consultations. If you, or a loved one, suffered an injury due to another’s negligence or wrongful conduct, call our firm. We will examine your individual situation and explain your legal rights. Our attorneys have extensive experience representing injured individuals, in both jury trials and settlement negotiations.

Personal Injury Attorneys, Personal Legal Service.

Kershaw, Cook & Talley is a Sacramento law firm founded on the principle of helping our clients through personalized legal services. With this philosophy, Kershaw, Cook & Talley has garnered a statewide and national reputation for providing outstanding legal representation and obtaining significant compensation for our clients.

Nationally Recognized Personal Injury Law Firm.

We understand personal injury cases are often emotionally and financially straining. Our team of top personal injury attorneys in Sacramento is committed to seeking justice for individuals injured as a result of another's negligence or intentional misconduct. At Kershaw, Cook & Talley, our experienced personal injury attorneys will hold the responsible parties accountable for their actions.

CLIENT TESTIMONIALS

“Bill and Stu worked expeditiously to get my hip claim resolved.
I couldn’t believe how personable they were and easy to contact.”

-S. Thomas

“Stuart helped me with a case involving a defective hip replacement. He was incredibly responsive to my calls and concerns and really kept me updated on what was going on in the litigation. Even though his office was not in my hometown, he actually flew out to meet with me. He was incredibly knowledgeable about the case and really helped me through a very difficult time.”

-Personal Injury Client, as seen on AVVO

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