Joshua Tree – A beautiful destination, but not without risks.
In a recent article by Jenna Hunt of The Desert Trail, it was noted that the National Park at Joshua Tree California could experience a record number of visitors exceeding 2 and a half million. The National Park has long been a tourist destination for hikers, rock climbers, campers and people just looking to cross another park off their list. The park aside from being a beautiful outdoor destination by itself also draws many visitors from nearby Palm Springs and Palm Desert, just minutes away. Palm Springs and Palm Desert bring in its own bounty of worldwide travelers and the ease of visiting Joshua Tree most likely contributes to the growing number of visitors to the park.
Every guest at Joshua Tree are subject to State DUI laws
While the park staff reminds people to obey speed limits there are other potentially consequential regulations to adhere to. Vacation is typically a time to relax and unwind and the businesses around the park offer great food and with that always the chance to get a quick drink or two, but keeping in mind that traffic and penal code laws apply may save some unwanted headache. Regardless of your residence status: a resident, a guest or even a foreign traveler, California State DUI laws apply to everyone in and around Joshua Tree National Park. Because the park is under the jurisdiction of the federal government visitors have a triple threat when it comes to DUI. There are n=National Park Rangers, San Bernardino County Sheriff’s Deputies and even California Highway Patrol. Each of these law enforcement agencies has the ability to conduct traffic stops and even arrests for DUI.
Arrested for DUI in Joshua Tree – A Local DUI Attorney Can Help
If you were arrested in or around Joshua Tree National Park for DUI and don’t know where to turn the Law Offices of Manuel J. Barba can help. We exclusively defend victims of DUI, nothing else. We practice right here in the desert and have been successfully defending against DUI charges for both residents and visitors alike. The DUI timeline starts as soon as you were arrested so reaching out to a professional immediately can provide a better chance at a successful defense. For a free consultation or a summary of your rights and responsibilities contact our Joshua Tree DUI lawyer for a no obligation and completely free consultation.
The National Highway Traffic Safety Administration recently reported that in 2015, nearly two thousand young drivers were killed in motor vehicle accidents, which was an increase of nine percent from 2014. In addition, nearly 200,000 young drivers sustained injuries in car accidents in 2015, which was an increase of fourteen percent from 2014. In California alone, 431 people died in accidents involving young drivers, including the young drivers themselves, their passengers, occupants of other vehicles, and non-occupants such as pedestrians and bicyclists.
Teen Drivers Nearly 3X More Likely to be in a Fatal Accident than Drivers 20 Years and Older
According to the National Center for Health Statistics, other statistics reveal that motor vehicle accidents are a leading cause of death for those between the ages of fifteen and nineteen. In fact, teen drivers are nearly three times more likely to be in a fatal accident than drivers who are aged twenty years and older. This high risk is due in part to the fact that younger drivers are more inexperienced than older drivers in the United States. Other factors that put teen drivers at risk include:
This GDL system recommendation includes a minimum age of sixteen years to obtain a learner’s permit, a mandatory twelve-month learner’s permit period, and nighttime driving and passenger restrictions.
The Centers for Disease Control publish Prevention Status Reports that highlight the status of public health policies and practices that are designed to address different health problems and concerns, including motor vehicle injuries. While California does not score as high as other states when it comes to the PSRs, California has at least taken steps to reduce or prevent accident-related injuries and deaths in some policy and practice areas. California does require seat belts for all vehicle occupants, and places some nighttime driving and passenger restrictions on young drivers, but the minimum age for obtaining a State learner’s permit is fourteen years, seven months, and the mandatory holding period for a learner’s permit in California is only six months. While these policies and practices won’t prevent accidents entirely, they will go a long way towards reducing the number of young driver deaths and injuries.
The Law Offices of Matthew Taylor in Rancho Cucamonga Can Help you Obtain the Compensation you Deserve
If you’ve been injured in a motor vehicle accident in California, it is imperative that you consult with an experienced car accident lawyer as soon as possible. Call the Law Offices of Matthew L. Taylor today at (909) 989-7774 to schedule your free consultation, serving the Inland Empire for over 20 years.
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The statute of limitations is an important “deadline” of sorts that personal injury victims and their family members must keep in mind when determining how to protect and assert their legal rights. If an injury victim or the surviving family members of a person killed by another’s negligence fails to file a claim for damages before the statute of limitations expires, then the claim can easily be dismissed and the claimant be barred from attempting to obtain compensation for those expenses and losses through a lawsuit.
Issues with California’s Wrongful Death Statute
California law gives the surviving family members two years from the date of an injury or death to file their claims for damages. While this may seem like a straightforward limitation, there are situations that may arise in a wrongful death case that make applying this statute of limitation more difficult:
Reach Out to Your Riverside Wrongful Death Law Firm
Heiting & Irwin, APLC has four decades of experience helping injury victims and the surviving family members of those killed as a result of another’s careless actions recover compensation for their expenses, losses, and injuries. Contacting us as quickly as possible following your loved one’s injury or death can help ensure that your legal right to pursue compensation is protected. Call us at (951) 682-6400 or complete our online form to schedule a free initial consultation.
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Tackling Elder Abuse in San Bernardino & Riverside Counties
When you entrust a family member to the care of a facility, there’s an expectation of compassion and empathy to be given. Often times family members don’t have the time or resources to properly help care for their loved one full time, and you have to trust that the facility you choose can implement a care plan and take responsibility for your loved one. Many reputable nursing & care facilities seek to hire the best caretakers and have strict operating procedures in place to make sure your family member is getting the best care available and the attention that they need. However, ABC recently reported that nearly 30% of elderly residents at care facilities endure some sort of physical, emotional or financial abuse.
This news prompted us to seek comment from one of the Inland Empire’s premier injury litigators, Cory Weck of McCune Wright Arevalo, LLP in Ontario, who’s currently litigating two elder abuse cases involving care facilities.
InlandEmpireLawyers.com: How long have you worked as a personal injury lawyer?
Mr. Weck: I’ve been a lawyer for over 20 years, but I’ve practiced nothing but personal injury law on behalf of individuals for the past 15 years
InlandEmpireLawyers.com: What are the most common ways cases of caretaker abuse discovered?
Mr. Weck: Usually abuse is discovered when it’s too late and the consequences are irreversible. Since the family often doesn't live in close proximity to the home where their loved one is located, it’s usually a call from the ER when they first become aware that something bad had occurred.
InlandEmpireLawyers.com: What are the alert signals that family members should look for, or be aware of that would indicate elder abuse?
Mr. Weck: Do you notice a significant change in your loved one’s demeanor? Do you notice bruising? Do you notice that they don’t seem to want to eat anymore? Is there a lot of turnover in the staff?
InlandEmpireLawyers.com: Are there any reporting agencies or resources people can use to research complaints against a facility or care taker?
Mr. Weck: Yes there are agencies both at the local level and the state level one can report complaints to against the facility like Adult Protective Services in San Bernardino or Riverside Counties.
InlandEmpireLawyers.com: What should someone do if they suspect that a loved one is being abused by someone at a care facility?
Mr. Weck: It really depends on the severity of the abuse. For more minor type of complaints I would start with the facility management and then work up through the chain of command if your concerns are not addressed. For more serious events immediately file a complaint with your county agency and the state. If serious or deadly harm occurred I would advise seeking local counsel who has experience in these types of claims.
Elder Abuse & Negligence Resources
National Center on Elder Abuse: https://ncea.acl.gov/resources/state.html
National Center for State Courts: http://www.ncsc.org/Topics/Children-Families-and-Elders/Elder-Abuse/Resource-Guide.aspx
National Committee for the Prevention of Elder Abuse: http://www.preventelderabuse.org/
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Whenever a trial date is set, a party may demand simultaneous exchange of expert witness information (Code of Civil Procedure § 2034.210).
If a party fails to comply with the exchange of expert witness information, and the other side objects, “the trial court shall exclude from evidence the expert opinion” of said witness. (Code of Civil Procedure § 2034.300)
The recent case of Perry v. Bakewell Hawthorne, LLC, (2017) Cal. Lexis 1351, raised a novel issue as it relates to the above sections. Perry was a personal injury matter wherein the plaintiff fell on defendant’s property. Defendant moved for summary judgment, which was set to be heard after the exchange of expert witness information.
In his opposition, plaintiff used the declarations of two experts to demonstrate that the stairs he fell on were in disrepair and did not comply with building code and industry standards. The problem was that neither of these two declarants had been identified in the expert witness information exchange.
The issue became whether the exclusionary rule of CCP § 2034.300 applied only to the use of those experts at trial or whether it also applied at the summary judgment stage.
Ultimately, the Supreme Court of California held looked to the Section governing motions for summary judgment – CCP § 437c. They held, Section 437c(d) requires that affidavits and declarations submitted in summary judgment proceedings “set forth admissible evidence.” They held that when the court determines an expert opinion is inadmissible because disclosure requirements were not met, the opinion must be excluded from consideration at summary judgment if an objection is raised.
In this matter, because the declarations attached to the opposition to motion for summary judgment were by two experts whom would be excluded from testifying at trial, their declarations were similarly inadmissible to refute the defendant’s motion for summary judgment.
Published By: Jean-Simon Serrano
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If you've been bitten or attacked by a pit bull in San Bernardino County, you need a local personal injury attorney who has successfully resolved similar dog bite attack incidents. The Paris Firm led by Attorney, Eric D. Paris has been fighting for injured clients in the Inland Empire since 1994, and his reputation for achieving outstanding results speaks volumes about his ability to achieve outstanding results for the firm’s clients.
Dog Bite Attorney in the Inland Empire
Dogsbite.org reports that there were 34 dog bite related fatalities that occurred in 2015, of which pit bulls contributed to 82% of those deaths. Over the years, San Bernardino County officials have been cracking down on pit bull owners due to the highly dangerous statistics regarding their temperament. However, the popularity of pit bulls is overwhelming, and many people are drawn to them even though they're often the #1 "blacklisted" breed by insurance companies in addition to:
Recently in Riverside, California a pit bull was killed by a neighbor after it had attacked and killed his Poodle. The defendant and 2 other neighbors were over-powered by the pit bull and could not get it to release the smaller dog from it's jaws once it had locked down - a characteristic personality trait of the breed.
The Paris Firm Fights & Wins Dog Attack Case
Mr. Paris recently settled a lawsuit by obtaining the entire homeowners insurance policy in the amount of $100,000 for a client who was performing her job when she was attacked by a dog. The dog bit her arm so hard that it crushed clear through to the bone. The client's insurance company was delaying as much as possible which is a common tactic used by insurance adjusters. The Paris Firm filed a lawsuit, conducted an extensive investigation into the matter and after destroying the defendant in deposition the very next day the case settled for the entire homeowners insurance policy.
If you or a family member were attacked by a Pit Bull or any other breed of dog, you should discuss your case with a dog bite injury lawyer who has over 20 years of experience and has handled cases similar to yours. Call Eric Paris to schedule a free consultation today @ (909) 469-5127.
At Heiting & Irwin, we advise Californians involved in a car crash caused by another person to take photographs at the scene of the crash so long as they are able to do so without causing another person’s physical safety or their own safety to be jeopardized. Some may wonder, however, just how important these photographs actually are to the resolution of their Riverside car crash. The answer depends on the quality and quantity of the photographs themselves.
Taking Good Photographs After a California Car Crash
Photographs in a car crash case preserve a crucial moment in time for your attorney and any experts who may be needed to evaluate your crash. The old adage is true: While your words and statements can paint a picture of the accident’s aftermath, a picture truly is worth a thousand words (see, for example, this case).
However, the usefulness of the photographs you take will depend on both the quantity and quality. In general, it is always advisable to take photographs of the car crash scene. However, these photographs may not be of much help to your attorney if they are not of sufficient quality. Quality photographs that are most helpful include those that:
You should also take care to ensure these photographs are properly archived so that you always have a copy available to you in the event other copies become lost, damaged, or destroyed.
Do Not Take Photographs if Doing So Jeopardizes Your Safety
While photographs can be extremely helpful in increasing your chances of recovering compensation in your case, you must not jeopardize your own safety or cause further injury to yourself or anyone else just to take photographs. Not only will this exacerbate your losses, but it can negatively impact your ability to recover full compensation.
As soon as possible, contact Heiting & Irwin for further assistance and representation. Heiting & Irwin is a Riverside car crash law firm committed to helping those injured in collisions caused by the negligent actions of others. We use any photographs our clients are able to take along with our knowledge and investigative resources to build a powerful and persuasive case for compensation for our clients. Let us help you or your loved one obtain monetary damages for your injuries by calling (951) 682-6440. Alternatively, you can complete our online form for assistance.
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Nobody ever really wants to hire a lawyer, but the reality is that at some point you'll need to hire one. The problem is that if you've never hired an attorney, and you have no frame of reference, where do you look for one? The answer is almost always going to be to hire locally. We've written before on how to choose the best attorney for your case, but why does it matter if you hire a local San Bernardino or Riverside lawyer versus an attorney from Los Angeles or Orange County?
Here are the top 5 reasons to hire a local lawyer
There's a recent trend that's been taking place in the last few years. Law firms from LA and Orange County have been setting up "Satellite" offices in the Inland Empire so they can have a local telephone number and office address to give the impression that they're a local firm and appear in the local business section of Google, but there's usually no one there to staff it. Often times their "local" office is little more than a desk, printer and a telephone. So when you need to see your lawyer, they would have to drive in from Downtown Los Angeles or Irvine to meet you. How often do you really think that happens? Local lawyers are typically more accessible because you can drop something off at their office and leave it with their staff, stop by if you have a question or concern, or make an appointment that isn't limited to one afternoon on the only day the attorney is in town.
2) Local attorneys usually know the local judges, courtroom cadence and opposing lawyer
When you hire an attorney outside of the Inland Empire, that individual may have never met the judge they'll be appearing before, they may not know their personality, behavior, likes & dislikes or the way they run their courtroom. Local attorneys attend local mixers, conferences and social events and get the opportunity to develop a rapport with judges and other local attorneys. This should not be misconstrued as a judge favoring a local lawyer, but it's easier for an attorney to prepare and position your case if they know the personalities of the judge and the opposing attorney. Hiring an attorney who's never met the judge assigned to your case or the opposing counsel, and who doesn't know the local courtroom flow may be considered to be at a slight disadvantage.
3) Local attorneys invest, spend and hire locally
An article from Entrepreneur says "Local business owners often have incentive to support other local businesses, patronizing local establishments for both business and personal reasons." Local attorneys are your neighbors and they tend to hire local support staff, pay local taxes, shop at local stores, eat at local restaurants and hire local service providers. When you hire a lawyer from Orange County or Los Angeles, the dollars you spend supports their local community.
4) Many local attorneys are just as qualified for "big cases"
Among some people, there's a perception that you'll get a better result for your case if you hire a "Los Angeles" attorney. While it's true that Los Angeles has some of the best legal talent in the country, chances are good that your case can be equally represented by a well qualified local attorney. Furthermore, there's a chance that the hourly or fixed rate for a local attorney will be far less than a lawyer paying premium rent & overhead for a Los Angeles or Newport Beach office.
5) Reduced Out-of-Pocket Costs
When you hire an attorney the travel costs affiliated with your case are incurred and charged to you. That can include:
If you need to hire a lawyer, the best way to validate that your actually hiring locally is by verifying with the California State Bar of the address on file for an attorney. InlandEmpireLawyers.com has already done this for you by allowing only verified local attorneys to be listed within our directory. This way, you can be assured that the attorney you contact is genuinely local to San Bernardino & Riverside County.
Even though it has been six years since the Affordable Care Act became law, politicians continue to debate ways to curb what appear to be ever-increasing costs of healthcare services. The battle against rising healthcare costs began long before the Affordable Care Act’s passage, however, and saw a number of states enacting medical malpractice caps that limit the amount of damages a medical malpractice claimant can recover in a lawsuit. Lawmakers believed such caps could be useful in lowering healthcare costs in that the amount of compensation a doctor or medical provider would be liable for would be restricted, thereby making the costs of medical malpractice liability insurance more affordable (and, hence, reducing the amount of the medical malpractice insurance premium that the doctor needed to “pass on” to his or her patients in the form of higher costs for services.
California's Medical Malpractice Cap Limits
California is one of many states that have passed a “cap” on the amount of noneconomic damages that a medical malpractice plaintiff can receive. The Medical Injury Compensation Reform Act (MICRA) was passed in 1975 and limits medical malpractice plaintiffs to a maximum of $250,000 in noneconomic damages.
In any civil lawsuit, a plaintiff may allege that he or she has suffered “economic” harm as well as “noneconomic” harm. Economic harm consists of financial expenses and losses that a person experiences as the result of another person’s negligence: in the case of a medical malpractice case, this can include additional medical expenses, prescription drug costs, and time missed from work. “Noneconomic” harm refers to those losses that are not financial in nature – things like a person’s mental pain and suffering or the loss of enjoyment of life the person experiences as the result of his or her injury.
While MICRA restricts the amount of monetary damages that a plaintiff may receive for his or her noneconomic damages, no such cap is placed on the amount of economic damages that the plaintiff can receive. In other words, the plaintiff’s economic losses (at least the ones he or she can satisfactorily prove to the court) can be fully compensated, regardless of the actual amount of damages incurred. Conversely, no matter how severe the plaintiff’s pain and suffering or how limited his or her life now is because of the medical mistake, it is unlikely that he or she will recover more than $250,000 for those losses.
Helping Injured Patients in California for 40 Years
When you have been injured by a doctor’s or surgeon’s medical mistake, you may find yourself and your family facing hundreds of thousands of dollars in economic and noneconomic losses. Heiting & Irwin is your Riverside medical malpractice law firm. We want to help you recover from your tragic injury and obtain the compensation you need to pull your life back together. Contact our firm at (951) 682-6400 or by using our firm’s online contact form.
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While most people are preparing for Christmas and New Year’s Eve during the month of December, roughly 1 in 5 spouses are planning to file for divorce in January according to a survey done by the law firm of Irwin & Mitchell in 2015.
Why? No one wants to spoil the holidays with a divorce filing and most people want to stick it out for Christmas morning and New Year’s with the kids. For some, divorce can turn into a New Year’s resolution, a way to take back control of your life and direction. Let’s face it, if you’re in a terrible marriage and you’ve been considering divorce for a while January is widely considered as a “fresh start” month for most things.
James McLaren, partner at McLaren & Lee, is quoted as saying “We see a significant increase in people seeking out divorce advice and, ultimately, filing. The number of filings is one-third more than normal. That begins in January and probably goes into early March” in an article published by Market Watch.
If you’re considering filing for divorce in San Bernardino or Riverside County and want to explore your options, you should consult with a local lawyer ass soon as possible. Your attorney will be able to counsel you on how to best prepare for the separation and provide advice on how to prepare for changes in financial matters, housing, child care, spousal support and numerous items that you haven’t yet considered. Even if you and your spouse plan on an amicable & cooperative divorce, an experienced lawyer can help provide insight into the process and help you navigate the filings, procedure and timelines. Here are a few important reasons to hire a local attorney.
Click HERE to review some of the local divorce attorneys serving courts in San Bernardino and Riverside Counties. InlandEmpireLawyers.com allows you to quickly click to an attorney’s profiles & reviews from popular websites like Yelp, AVVO and Martindale-Hubbell as well as their California Bar listing. This allows you to expedite your research, validate that the attorney is in good standing with the State of California and allows you to avoid having to spend hours exploring the experience and reputation for each lawyer.
Once you contact a lawyer, tell them you found them on InlandEmpireLawyers.com!
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