There are a few key differences between an accident involving private passenger vehicles and those that involve a semi-truck or tractor-trailer.

The most obvious difference is the size differential between a car and a semi, but when litigating these personal injury claims, there are other differences for a personal injury lawyer to consider.

Fully loaded, a semi-truck weighs an average of 80,000 pounds. Passenger cars or SUVs, on the other hand, weigh a little over 4,000 pounds, on average, according to J.D. Power & Associates. The sheer difference in size between these two types of vehicles means that when they collide, the smaller vehicle – and its occupants, will suffer much more serious damage and injuries.

Life-changing injuries and fatalities are more common in accidents involving a semi-truck, which means the value of the victim’s claim will be much higher, especially if there is a fatality. A wrongful death claim is typically much higher than a personal injury claim. Even if all people involved survive, many victims may permanently lose physical abilities or the ability to work or live independently, which is a consideration when valuing the claim. If you are a victim of a trucking accident, or if your family member died as a result of a trucking accident, consider visiting with an experienced trucking accident attorney.

Most car crashes are caused by one driver being negligent (texting and driving, following too closely, not following traffic laws), and colliding with another driver. Although a truck driver may cause a crash in the same manner a car driver can, there are additional considerations for driver fault. Commercial truck drivers must pass a series of written and road tests and adhere to federal regulations about driving hours and ongoing safety training. If a driver is not properly trained or disregards safety standards, then a crash may be more likely to happen. 
Furthermore, in a truck accident, multiple parties can share fault in the crash, not just the driver. Defendants in a semi-truck crash can include:

• The driver, for improperly or recklessly operating the vehicle
• The trucking carrier, for negligence in hiring, training, or supervision
• The cargo loading company, if its workers loaded the truck improperly, rendering the load unstable and unsafe
• The truck manufacturer, if a mechanical defect caused the crash
• The truck mechanic, if the truck malfunctioned due to a poorly-completed repair

A plaintiff’s lawyer in a trucking accident must be prepared to litigate against attorneys representing the truck driver, the trucking carrier, the manufacturer, and all of their respective insurance companies.

Plaintiff’s attorneys in a truck accident case must first determine all contributing causes of the collision and make a separate case for each one’s contributing negligence. For example, the trucking company may knowingly have hired someone with a poor driving record or may have tacitly encouraged drivers to spend more time driving than the federal mandate permits, cutting down delivery time for higher profits.

Alternatively, the truck may have been fundamentally unsafe due to a design or manufacturing flaw, and the crash would have been preventable if the truck had functioned properly. The trucking carrier is responsible for the overall maintenance of its fleet. If it fails to keep the rigs in good working condition and a crash is due to mechanical failure caused by a poorly maintained vehicle, then the trucking company would be liable for the crash.

Proving causation in a truck accident requires a more in-depth investigation than in a car crash. Several factors can come into play with these cases, and a plaintiff’s lawyer may need more resources to investigate. The trucking company’s safety records and driver file are critical elements of the case, as is the police accident report.

Proper valuation of a plaintiff’s claim is also an important aspect of the case. The personal injury lawyer not only values the actual damages incurred by the plaintiff but may also need to estimate the financial impact of the person’s injuries on their future, from their job prospects to their ability to live independently.

There is an incredibly well written article explaining in more detail about truck vs car accidents on TruckAccidentAttorneyNetwork.org. We recommend you read that blog as well as other well cited and researched articles.

Many trucking accidents involve punitive damages, as well, which may not always be a consideration in a collision between two passenger vehicles. If a trucking carrier consistently engages in illegal or unsafe practices, the plaintiff’s attorney may hold them fiscally accountable. Additionally, if a truck manufacturer knowingly releases a flawed product, then they, too, may be assessed punitive damages.

A personal injury law firm familiar with federal and state trucking regulations and the potential liability of multiple parties can be more effective at successfully litigating truck accident cases. Many factors are in play that may not be present in a personal vehicle accident, and these cases may take longer to settle.

The death of a loved one is one of the most devastating things in life, and no one person is immune to its effects regardless of the circumstances. Natural causes indeed cause most deaths, but it is also possible to lose a loved one due to someone else's negligence and serious injury.

A traumatic brain injury (TBI) is defined by the Centers for Disease Control and Prevention (CDC) as a disruption of normal function of the brain triggered by bumps, blows, or jolts to the head or a penetrating head injury. Just under 2 million Americans suffer from these potentially life-altering injuries every year. TBI is responsible for approximately 225,000 related hospitalizations, over a million trips to emergency departments, and 65,000 deaths each year.

According to the CDC, 176 TBI-related fatalities occur daily. The number one cause of TBIs in the US are falls and coming in second are car accidents. TBIs are the leading cause of TBI-related deaths among children and young adults ages 5-24 years old. Additionally, senior citizens have a more difficult time recovering from traumatic brain injuries, particularly those provoked by car accidents, making elders extremely vulnerable to fatalities related to TBIs.

Negligence, recklessness, intentional irresponsible behavior, and impaired driving lead to car accidents and severe injuries for countless victims.

Traumatic brain injuries often result in death and wrongful death for innumerable unfortunate victims. Losing a close family member is incredibly difficult, especially when another person's recklessness causes their death. In the event that you lose a family member because of another's negligence, filing a wrongful death claim may be a valid legal avenue to take. Wrongful death lawsuits are filed against an individual who caused the death of another person through negligence or malicious actions. As a result, these lawsuits are filed on behalf of deceased victims who would have sought a personal injury claim had survived.

Survivors or legal representatives of the deceased may file a wrongful death claim in the State of California. For example, this includes surviving spouses, domestic partners, as well as children. The wrongful death lawsuit can also be brought about by other family members such as siblings, parents, or legal guardians if there are no direct survivors. For another example, the deceased person's grandchildren (if the deceased person's children have already passed away) may pursue a wrongful death suit.

Wrongful death lawsuits can indeed be challenging to prove. It is necessary, in these matters, to establish all four legal elements of wrongful death. In the absence of any of the required four elements, the legal standard is not considered met, and the wrongful death lawsuit may not succeed. Individuals seeking compensation for wrongful death must satisfy all four aspects of wrongful death to receive compensation.

It is easier to meet the burden of proof in civil cases than in criminal cases. Criminal court cases are the only ones requiring proof beyond a reasonable doubt. Civil cases don't require the same level of proof as criminal cases, making claims easier to prove.

The four legal elements of negligence are duty, breach of duty (the death of another person), causation, and damages.

1 - Negligence: It is the plaintiff's responsibility to prove that the defendant was negligent in the event of their loved one's death. The act of negligence entails failing to act responsibly or reasonably, which results in injury or death. To be awarded compensation, the defendant must be proven to have committed acts of carelessness, negligence, or recklessness that contributed wholly or partially to the death.

2 - Duty and Breach of Duty: An obligation of care must have existed between the defendant and the deceased. In each situation, an individual has the responsibility to act rationally as another individual would. Drivers are also required to obey traffic laws and not cause injury to others when operating their vehicles. Any action or an omission of action that any other reasonable party wouldn't have committed is considered a breach of duty, and that includes acts of recklessness or carelessness by the defendant and any disregard for the safety of others. Breach of duty also exists when the defendant exhibits malicious intent to harm another individual. In wrongful death cases, someone is killed because of a breach of duty.

3 - Causation: The plaintiff must demonstrate the defendant's negligence led to or substantially contributed to the death of a loved one if they are pursuing a wrongful death claim. The plaintiff must prove that the fatal injury (TBI in this instance) or death would not have occurred without the defendant's negligence. It is not required for plaintiffs to prove the defendant intended to hurt or kill their loved one. You only need to establish that the defendant's negligence caused your loved one's death.

4 - Damages: An individual must prove that their loved one's death resulted in quantifiable legal damages as the fourth element of a wrongful death case. After a loved one passes away, economic losses are quantified, including:

• Medical costs
  
• funeral costs
  
• burial costs
  
• hospital bills
  
• loss of income
  
• future earning loss
  
• benefits the plaintiff was entitled to receive from the decedent
  
• value of household services the deceased would have provided, etc.
  

Evaluating non-economic damages (based on mental and emotional losses) is often more challenging to tabulate. These damages can include loss of relationship (companionship), comfort, attention, affection, loss of sexual intimacy, and more. Additionally, non-economic damages include the pain and suffering the deceased experienced before death.

Proving wrongful death can feel overwhelming and even challenging; however, if you have lost your loved one after they suffered a traumatic brain injury that resulted from a car accident caused by someone else's recklessness or negligence, you should contact an experienced wrongful death attorney.

Note: If you lost a loved one in California, you have two years from the date of their death to file. Survivors of the deceased may lose their right to file a lawsuit if they do not file a claim within those two years in most cases.

Castillo and Associates is a California personal injury law firm built on experience, skill, knowledge, and years of successful cases in which victims received the compensation they deserved. We have recovered over 300 million dollars in compensation for our clients to date. Whether you have suffered from a personal injury, catastrophic injury, or wrongful death, our attorneys will fight vigorously for your right to compensation.  We can help you determine your options and guide you further in each step of the process. Our experienced attorneys at Castillo & Associates can help you gather any evidence you may need to get the maximum benefits for your injury. Contact us today at 1-800-497-9774.

At Castillo & Associates, we have offices conveniently located throughout Southern California in Los Angeles County (Pomona), Inland Empire (Riverside), Coachella Valley, and San Diego. We are Bilingual Attorneys and have over 33 years of combined experience in Workers' Compensation Claims & Workers Compensation Law as well as Personal Injury Law.

Deciding to end a marriage is easily one of the most challenging decisions a person can make. Navigating the legalities associated with the divorce process can be a daunting undertaking for any person who does not have a legal background. Like all family law cases, the legal process for divorce can become complex and messy, especially when it is not handled properly. If you are facing divorce, hiring an experienced attorney can help you avoid mistakes that can inevitably happen when a person chooses to represent him or herself in court. The skilled family law attorneys at RM Law Group can help.

RM Law Group, LLP has successfully represented divorcing clients throughout Southern California, ensuring their rights and interests are protected. No matter what stage of the divorce process you are in, RM Law Group, LLP can help you reach a favorable resolution. Consider contacting the firm today at (888) 765-2902 to schedule a no-obligation case consultation. We have offices in Ontario, Rancho Cucamonga, Cerritos and Los Angeles to serve clients throughout Southern California.

Divorce is not a decision for perfect marriages. A vast majority of spouses file for divorce because they feel wronged by the other spouse. The State of California, however, is considered a “no-fault” state. Under the California Family Code §2311, a person can file for divorce at any point in his or her marriage for no reason other than “irreconcilable differences”. Based on this law, property division in divorce cases will not be influenced by the actions or behavior of either party, although other components of the divorce like child custody rights can be.

Under California Family Code §2335, any evidence of misconduct or wrongdoings by either party during the marital union will be considered irrelevant by the court; therefore, the evidence will be admissible in case proceedings.

Based on Family Code §2320, in order for a judge to enter a judgment to terminate the marriage, one of the parties must have lived in the state for a minimum of six months before filing for the divorce. In addition, the petitioning spouse is also required to file the divorce case in his or her county of residence. This party must have resided in that county for a minimum of three months preceding the divorce petition. In the event that the petitioning party has not met the aforementioned requirements, the court will likely dismiss the divorce case.

When the divorce petition has officially been filed, the law in California dictates that the petitioning party will need to wait a minimum of six months from when the other spouse was served with the divorce papers before the case can be finalized. If the petitioning party does not meet his or her residency requirements, there is an opportunity to file for a legal separation. This can be amended at a later time and the party can petition once again for divorce.

The decision to seek a divorce can be difficult. Unfortunately, there are several legal challenges that may arise in the process of divorce, and this can make it challenging to achieve a certain outcome. If you are going through a divorce, obtaining the support of a skilled divorce lawyer can help you make informed decisions that protect your rights and interests throughout the legal process.

No matter what stage you are in, obtaining the support of RM Law Group, LLP can help you avoid mistakes in your divorce that may affect you for years to come. The divorce process is complex, and it can be daunting to face alone. With the support of RM Law Group, LLP, the process can be streamlined in a manner that can help you make the decisions that will protect your interests. Consider contacting RM Law Group, LLP today for a free case consultation. Call (888) 765-2902 or complete the confidential online contact form here.

Each day, as many as 1,000 Americans will require emergency medical treatment as a result of a dog bite. A victim who suffers a dog bite can suffer very serious, often fatal injuries. Even in milder cases, the victim can suffer infections or severe disfigurement. Regrettably, children are common dog bite injury victims, and when a child suffers a dog bite, he or she can experience a life-time of medical issues. If you or your child was bitten or attacked by a dog or other animal and suffered significant injuries, contact one of our listed personal injury lawyers today to schedule a free consultation.

When it comes to dog bite cases, every state has its own laws with respect to injury liability. In California, the canine owner is strictly liable for the dog bite, even if the canine has no prior history of being aggressive. Through California’s Civil Code Section 3342, or strict dog bite law, a pet owner will be held accountable for the victim’s harms and injuries, even if he or she did not know about the dog’s aggressive behavior.

After you or your child was attacked by a dog, your emotions will be running high. However, it’s best to not let that get the best of you in the moment. As this article on Legal Reach explains: "When a dog or other domestic animal attack has occurred, the following steps should be taken immediately whenever possible: Seek medical treatment, Identify the dog and its owner, Take photos or have photos taken" - [paraphrased].

In California, dog bite victims can seek restitution from the accountable party. In order to win a case, however, the following must be proven:

• The defendant had ownership or control of the dog;
  
• The dog bite occurred when the plaintiff was legally on the property of the defendant or was otherwise on public property; and
  
• The victim was bitten by the canine, which caused him or her an injury.
  

In a majority of dog bite cases, the pet owner will be held accountable for the victim’s injuries. Depending on the specifics of each individual case, however, the following parties may possibly be held accountable for damages:

• Landlord - The landlord of the property where the incident took place could be held accountable for the victim’s injuries when he or she was made aware of the dangerous dog in the premises and failed to remove the pet from the property.
  
• The Animal’s Caretaker - When the canine was under the control or supervision of another person or business at the time of the incident, this party could be held accountable for the damages caused to the victim. The dog’s caretaker, however, can only be held responsible if there was prior knowledge about the dog’s viscous tendencies. This party can also be held responsible if it can be shown that the dog was negligently handled.
  
• Property Owners - A residential property owner can be held accountable if the animal escaped from an opening in the fence or other property defect that led to a dog bite attack that occurred away from the property.
  

Speak to a Well-Versed Dog Bite Attorney
Filing a claim as a result of a dog bite can be a challenging undertaking, especially if there are third parties involved. If you or someone you love was mauled by a dog, consider obtaining legal counsel as soon as possible. Collecting essential evidence to build a strong case can drastically diminish as time goes on. Contact a skilled attorney shortly after the accident.

A looming DUI conviction can weigh heavy on anyone. The legal implications of the arrest alone can have long-term consequences and may even jeopardize a person’s financial and employment opportunities.
 
Being arrested for DUI is often the first time for many people – young adults, especially – to get in trouble with the law. Many first-time DUI offenders have no criminal history, and for them, just thinking about the impacts of a conviction on their future can cause endless anxiety.

The severity of the penalties and sanctions of a DUI conviction may vary depending on the state you’re in and number of offenses, but the most likely punishments you will face may include any or all of the following:

• Jail time
• Fines
• Driver’s license suspension
• Driving restrictions
• Possible ignition interlock device installation

 
If you’re someone living from paycheck to paycheck, the mere thought of the fines you have to pay and loss of income (should you need to serve jail time) would be enough to get you all worked up. For most people, though, it’s the realization that their life could change forever that disturbs them the most.

The impacts of a DUI arrest on a person’s mental health can be more damaging than it’s legal and financial consequences.
 
Financial Worries
One of the most common issues that DUI offenders struggle with is financial stress. A DUI arrest can cost you at least a few thousand dollars in court costs, attorney fees, punitive fines, and DUI school, among others. Even if you have a good paying job, having to pay for such a huge amount of unforeseen costs can be financially debilitating.
 
A lot of people charged with DUI claim that the financial burden from arrest gave them countless sleepless nights and is one of the most stressful things they have had to deal with.

Loss of Independence
Public transportation isn’t the most convenient way to get around, especially if you live quite far away from your workplace. Having your driving privileges revoked and your license suspended can make you feel like you’ve lost a part of your freedom and independence.
 
Losing access to their vehicle for a period of time may not be a big deal for some people, but for others, it can be a very stressful predicament that affects different aspects of their lives.

Severe Stress
There are a lot of things about a DUI arrest that’s stressful, and constantly worrying about them can really take its toll on you. Worse, you have to continuously function like normal while dealing with all the stress because life does not stop after the arrest. You have work to do, deadlines to meet, bills to pay, and, on top of it all, a DUI case to take care of.

No wonder a lot of people have trouble sleeping and are always on edge after getting arrested for DUI.

Depression
Sad, but true: some people fall into a state of depression after a DUI arrest. Financial problems, loss of independence, too much stress, and constant worrying of the possible personal and professional implications of the conviction – all these contribute to the feelings of self-loathing and depression.
 
In addition, many DUI offenders also tend to pull away from friends, family, and social situations because of shame. Having no one to talk to and share their concerns with makes it harder for them to shake off their negative thoughts and move on.

What makes DUI arrests so unnerving is the feeling of uncertainty that accompanies it.

Am I going to win the case? Am I going to get convicted? Will I lose my job? What will my friends and family say?

Fear the outcome and its consequences can keep the offender agitated and negatively affect their mental health.
 
Thankfully, it’s not that hard to cope with the after-effects of a DUI arrest: Exercise and eat healthy. Stay away from alcohol. Keep your family and friends close -- their support will help you get through these trying times.
 
Most importantly, hire legal help. Working with an experienced criminal defense & DUI attorney will increase your chances of tipping the scales in your favor. You’ll feel much more confident going into trial when you come prepared.
 
Like all negative experiences in life, this too shall pass. The consequences of a DUI conviction may be harsh, but you won’t have to endure them forever.

When filing a claim, you may come across a variety of challenges. Hiring a qualified attorney can be very beneficial.

The State of California has some of the busiest roads and on any given day, a person can suffer an unexpected car accident. Whether it is a small fender-bender or a high-velocity impact, car accidents can result in thousands of dollars in property damage and medical costs.
When being involved in a car accident in California, there may be an opportunity to recover compensation by filing a personal injury claim. Filing a claim, however, is a complex process and hiring a personal injury attorney can be very beneficial. Here, we will discuss the benefits of hiring a personal injury attorney and why it is in your best interests to seek the support of a qualified advocate.

The State of California is considered a fault state, where the at-fault party will be accountable for paying restitution to the victims for property damage and personal injuries. In comparison, other states follow the no-fault rule, where it does not matter who the at-fault party is. In these states, all those who were involved in the accident will need to contact their own insurance company in order to obtain injury protection benefits. Being in a fault state, however, can present complications when filing a claim and one of these is the issue of establishing fault.
Depending on the facts of the case, establishing fault can be easy or it can be very difficult. For instance, in an easy situation, a driver can confess that he was at-fault for the accident because he was not paying attention when he ran the red light and rear-ended your vehicle. In a different example, proving fault can be more complex because the other driver has blamed you for the accident or there is more than one at-fault party involved.
By obtaining the support of a skilled personal injury attorney, you will be able to obtain evidence that can prove who is the at-fault party. A skilled attorney can:

• Obtain and analyze police reports;
• Talk to individuals who witnessed the accident;
• Can look for surveillance video of the accident;
• Will analyze the damage of the vehicles, which can provide important information about who caused the collision;
• Will investigate the scene of the crash, which can provide knowledge of roadway erosion that may have caused the accident; and
• Can speak to insurance companies and the other drivers involved on your behalf.

Once fault has been established, you are able to file a claim against the at-fault party’s insurance company for compensation. By filing a claim, you may be able to receive compensation for the following losses:

• Out-of-pocket expenses for the medical treatment received for the injuries caused by the accident;
• Compensation for future medical expenses, such as surgery that is needed to help ease the injury;
• The loss of wages that have resulted from the debilitating injuries;
• Damage to your car and other property;
• Loss of quality of life, that can result from a permanent injury such as paralysis; and/or
• Pain and suffering that can include inconveniences that have been caused by the injury and emotional distress.

Filing a claim is rarely an easy process, as insurance companies will do what is in their power to either pay the least amount of compensation or not pay compensation at all. Without the right experience, it can be difficult for auto accident victims to negotiate a fair settlement offer.
By seeking the support of a skilled attorney, you will be able to ensure you are paid the fair amount for what your injuries are worth. Additionally, you may be able to obtain compensation for intangible damages, such as emotional distress. A skilled attorney can strategically negotiate on your behalf, and significantly increase the amount the insurance company is willing to pay. Negotiations are always a grueling and daunting process, where very few people will have the necessary skills to handle the situation themselves. By obtaining the support of a skilled attorney, however, you can elevate your chances at obtaining the maximum amount of compensation. Further, injury claims in California are extremely time sensitive. In a best case scenario you may have up to two years to file a claim, but in some cases, it could only be 6 months. A personal injury attorney will also understand the California statute of limitations and ensure your claim is filed in a timely manner.

After a car accident, many people will attempt to handle their personal injury claim on their own only to discover that the claims process is far more complex than what they expected. If you or someone you love was injured in a car accident, hiring the support of a qualified attorney can prove to be very beneficial. Contact the support of an Inland Empire personal injury attorney you can depend on.

Wherever you are in the United States, getting caught drunk driving is one of the biggest mistakes you can make. After all, driving under the influence or DUI is a criminal offense in all states as well as the District of Columbia, and that means its consequences cannot be taken lightly. One of those consequences is jail time, which is something no person looks forward to serving.

All DUI offenses, whether it’s a first-time misdemeanor or a third DUI felony charge, are punishable with jail time of varying lengths. A first DUI conviction in California, for example, carries a penalty of up to six months in jail. A third DUI felony conviction, on the other hand, is punishable with mandatory jail time of up to five years.

However, it is still entirely possible to avoid jail in case you are convicted of a DUI. This is one of the many reasons to hire a DUI defense attorney to represent you in court - you stand a much better chance of staying out of a jail cell despite a conviction.

Whether or not a DUI convict—particularly a first-time offender—will spend some time in jail or not will largely depend on the judge handing down the sentence.

A good DUI lawyer can plead with the judge to spare the offender from jail and hand down an alternative sentence instead. The judge will hear your attorney’s presentation and will decide on it based on several factors.

The judge will take into account the type of DUI offense and how severe it is. Judges can be more lenient toward people who have committed a first-time DUI offense, which is typically charged as a misdemeanor. However, if that first-time offender hurt or killed someone, the likelihood of avoiding time in jail is significantly reduced. Judges will also weigh several other factors such as criminal history, if any, of the offender. Whether the DUI convict expresses any remorse will also be considered.

1. Probation
If the judge determines, among other things, that you are sorry for committing a DUI offense and that you are not a danger to the community, then you will likely end up serving probation instead of jail time.

Probation is better than jail, but it is no picnic for the offender either. You may no longer be under police custody and will have the freedom to move around, work, and contribute to society, but you will be supervised closely by a probation officer who will be assigned as soon as you receive your sentence.

If you’re serving probation, you will be required to follow specific rules throughout the probation period, like never driving without a valid license or with any amount of alcohol in your system, not committing any crime, or any other conditions the court may impose. On top of all this, you will also have to pay restitution, court costs, and probation supervision fees.

Violating or failing to complete the conditions of your probation will lead to its revocation, you will serve the maximum sentence that your original criminal DUI offense allows.

2. House arrest
The court that convicts you of a DUI offense can also require house arrest as an alternative to jail time. It also comes with certain inconveniences, but it does beat being in jail.

Then again, house arrest is, in a way, just like being in jail, but without the bars. You will have to confine yourself within your property and will be required to wear a monitoring device around your ankle, which will alert authorities if you leave your home. The monitoring device will most likely be a SCRAM (Secure Continuous Remote Alcohol Monitoring) bracelet, which can detect alcohol in your sweat and measure your alcohol use.

3. Community service
Community service for a DUI offender can come in various forms. If you were convicted under California DUI laws and made to perform community service in lieu of jail, you would likely be made to work for the California Department of Transportation or Caltrans picking up trash on the freeway wearing those orange jumpsuits.

Other forms of community service include doing volunteer work for charities. In some cases, DUI offenders perform community service by speaking about the dangers of drunk driving in front of groups.

4. Alcohol or drug rehab
A DUI offender with an underlying alcohol or drug addiction may also be allowed by the court to spend time in a rehabilitation facility instead of a jail cell.

As mentioned above, you have to convince the court to hand down a sentence that doesn’t involve going behind bars. Only a skilled and experienced defense attorney can help you do that, make sure you hire one if you ever find yourself in DUI trouble.

Fraud claims and breach of contract are very different legal cases. It should be noted, however, that there are various circumstances where a breach of contract can involve fraud. For the most part, fraud claims cannot be filed simultaneous to a breach of contract, when both are based on the same set of facts and issues.

In a case where both claims have been filed at the same time, a court will generally focus on the claim regarding the breach of contract. This will disregard the fraud claim as being duplicative, particularly when the claim restates that facts included in the breach of contract claim.

When a breach of contract lawsuit has been filed, the claim will generally imply that there has been some degree of misrepresentation that caused at least one party to not perform in the obligations set within the contract. A breach of contract, however, can become a fraud claim.

In California, a contract is a legal agreement made between at least two parties. The parties involved in the contract essentially promise to perform a specific duty. The reason behind having a contract be legally binding is to hold each party responsible in the event of a breach. A contract breach will occur when the agreement is not kept because one of the parties has failed to fulfill the obligations agreed upon.

A breach of contract can occur in the following methods:

• When one party has failed to deliver his or her obligations in the time frame set in the agreement;
• When one party has not met the terms of the contract;
• When a party failed to perform;

When at least one of the parties involved in a contract have met their obligations, they are entitled to legal remedies for the breach of contract.

Contract fraud claims occur when at least one party to the contract has presented information that is deceitful, incorrect, or meant to confuse those involved. For example, a contract fraud claim can occur in employment contracts, when employees claim to have certain skills and experience to perform a job duty, when in fact, they do not.

Another example can involve a party, who is lead to believe they are making a purchase for a certain item in a particular condition, but the contract has specified a different product under a different condition.

Claims involving a breach of contract or a fraud claim are very complex as they can sometimes overlap. These claims can be brought separately under specific circumstances. If you believe you have been misled when entering into a contract and are seeking to file a breach of contract or a claim for fraud, seek the legal support of a skilled business law attorney who will defend your interests.

The attorneys at Schwartzberg & Luther, APC understand that in order to file a strong claim for a breach of contract can require extensive legal knowledge and experience. If you have reason to believe you have been harmed as a result of a breach of contract, consult a skilled law firm today.

Negligence can occur when another’s actions, or in some cases inactions, fall short of the reasonable standards set to protect another from harm. For instance, drivers in California have a legal duty to the safety of others on the road. Therefore, a driver who chooses to drive behind the wheel while intoxicated is acting negligent in considering the safety of other drivers. In order to win a personal injury claim in California, the victim, also known as a plaintiff, will need to prove that the accused is liable for causing the accident that resulted in his or her injuries.

When it comes to personal injury claims, there are generally four factors that must be demonstrated in a claim in order to prove that the accused party acted negligently:

• Reasonable Duty of Care -  It is essential to prove that the accused party had the legal obligation to adhere to or provide a reasonable standard of care. In some cases, this may be easy to demonstrate. Using the previous example, all drivers in the state have a legal duty to the safety of those they share the road with. Consequently, drivers in California must operate their vehicle in a reasonably safe manner.
• Breached Duty of Care - Once it has been established that the accused owed the plaintiff a duty of care, it is critical to prove that the accused failed to act in a reasonably safe manner. In a drunk driving auto accident case, a breach of duty would entail the driver choosing to drive while intoxicated.
• The Breach Resulted in the Plaintiff’s Injuries - Next, the plaintiff will need to prove that the personal injury claim is being pursued as a result of injuries that were sustained because of the breach in duty.
• Establishing a Monetary Loss - A plaintiff will need to demonstrate the extent of his or her grievances in order to justify the restitution sought. The strongest method to do this would be to provide an established medical record that demonstrates the injuries and the cost of medical treatment. Proof of other bills, expenditures, or loss of income can also be provided.

Following an accident that left you with injuries, it is critical to your well-being and recovery that you seek monetary compensation for your grievances. In California, however, you only have a small window of time to file the lawsuit. Speak to a skilled personal injury attorney as soon as possible in order to ensure your claim is heard.

The good news is that brake failure is rarely the cause of a car accident. Typically, most vehicles have redundancy and two braking systems to ensure safety, if one fails. However, when brake failure occurs, it is often related to larger vehicles like semi-trucks or larger trucks. If you were involved in a car accident where your brakes failed, it likely was a terrifying event.
Understanding your options after a brake failure and car accident can help you determine your next steps.

• Brake Failure Statistics - The National Highway Traffic Safety Administration's (NHTSA) National Motor Vehicle Crash Causation Survey states that only 2% of all car accidents are caused by brake failure. While the brakes on modern vehicles rarely fail, it is absolutely possible.

Many drivers attempt to blame brake failure instead of their own negligence when they rear-end a car in front of them. People simply do not like admitting that they made a mistake, even if their insurance will cover all damages related to the accident. Often, drivers are afraid that their insurance premiums will rise after a car accident that is determined to be their fault. However, in most cases, these accidents are simply due to driver negligence and not a manufacturing defect of the braking system on the vehicle.

• What to Do When Your Brakes Fail - If you were unable to avoid an accident due to brake failure, you will likely not be held responsible for the car accident. In most cases where brakes fail, the car may rear-end a vehicle ahead, often at a high rate of speed. However, if you have taken all reasonable measures and necessary steps to ensure that your brakes are working properly, and they unexpectedly fail, the fault is with the brakes, not your negligence. The following are some steps you can take to ensure that your brakes either do not fail or, if they do fail, that you can prove that you were not negligent in your driving.
• Stay at the Scene of the Accident - One tell-tale sign that someone is not telling the truth regarding their brakes failing is if they leave the scene of an accident. Not only does this indicate that your brakes were likely functioning enough to leave, but it also exposes you to criminal liability for leaving the scene of an accident. In the State of California, it is a felony for a driver to flee the scene of an accident in a hit and run.
• Maintain Your Vehicle - If you maintain your vehicle and follow the advice of your mechanic regarding when to replace parts and components of your car, you should be able to show to an insurance company, or a court of law, that you acted with due diligence in maintaining your car. If your mechanic suggested that you replace your brake pads and you refuse to do so, or if you have failed to replace your brake pads according to the mileage recommendations in your vehicle’s owner manual, you may be negligent for failing to properly maintain your vehicle.
• Obtain Witness Testimony - Oftentimes, witness testimony can be crucial to the determination of fault in a car accident. If a witness states that you never mentioned anything about your brakes failing after the accident, this could be used against you. This fact would be something that was mentioned immediately after a car accident, as it would be a scary experience for a driver. If you never mention that your brakes failed, stating that at a later date may appear to be an attempt to escape liability for the accident. However, if a witness heard you mention immediately after an accident that your brakes failed and you were unable to stop, this could be helpful to your case regarding liability.
• Manufacturer Liability - If your car brakes failed and it resulted in an accident, all injured parties may be able to file a defective manufacturing accident claim against the vehicle manufacturer or the manufacturer of the brake part or component that failed. These cases are based on product liability law. Manufacturers are held to strict liability standards regarding the products that they place in the stream of commerce. If it is determined that their product was defective in any way, they could be held responsible and liable for any injuries or damage that occurred as a result of the defect.

Typically, in order to prove that a manufacturer is responsible, your attorney will have to prove that the defect was unreasonably dangerous, that it was directly responsible for the injury or damage, and that the manufactured part or component was not substantially altered since it was first sold or installed on the vehicle.

• Mechanic Liability - There are some cases where the mechanic that installed a brake part or component did so incorrectly or in a negligent way. In these circumstances, you may find it more difficult to prove liability, as the mechanic will likely not be willing to admit fault. However, if it can be proven that there is no manufacturing defect, but rather the installation of the brake part or component was done negligently, or that the mechanic left brakes on a car in a faulty condition, it may be possible to hold the mechanic, the car dealership, or other third party responsible for the injuries or damage that resulted from the negligence.

If you or a family member was injured due to defective brakes, or a flaw in manufacturing or design, you may be eligible to file a claim against the manufacturer. These types of matters are very difficult to prove, and can be very time consuming and expensive to litigate, so finding a lawyer to assist you is the best possible course of action.

*This blog was published by Silverthorne Attorneys located in Ladera Ranch, CA.