Important Personal Injury Articles
For Injury Victims
"Tort Reform" What Does It Really Mean
In the 1970s California adopted “tort reform” for medical malpractice claims. The State imposed limits on the recovery of “pain and suffering” damages for victims of medical malpractice to a maximum of $250,000. Further, the recovery of medical expenses were limited to those not already paid by the victim’s own insurance. The laws also limited the amount a victim’s attorney could receive for handling a malpractice lawsuit. Finally, the court could impose limits in the manner which any malpractice judgment would be paid. When all was said and done, the reforms only limited the victims’ rights while providing the doctors with reduced malpractice insurance rates and the insurance companies limited exposure.
Since the passage of Civil Code 3333. 2, there has been no increase in the allowable limit for pain and suffering. This means that a victim’s recovery today is worth less (due to inflation) than a victim’s recovery in the 1970s. At the same time, the insurance rates have increased and the medical insurance companies have reaped the profits.
So when the talk is about “tort reform,” what that really means is limiting victim rights. The insurance companies push legislation that restricts a victims ability to engage a qualified attorney or recover for legitimate injuries and losses. The insurance companies have no limitations to fight legitimate claims. Proper “tort reform” requires a balance of rights and responsibilities.
Is Cell Phone Use and Texting While Driving That Bad?
We have all seen it before. A driver with the cell phone firmly pressed to his/her ear while making an unsafe lane change or U-turn. Or the young driver with the cell phone propped against the steering while texting away. So how unsafe is cell phone and texting? The studies tell us that cell phone use accounts for about six percent of all accidents.
There were estimated 2,600 U.S. deaths related to drivers using cell phones, as reported in a 2002 study by the Harvard Center for Risk Analysis (HCRA). However, because data on cell phone use by motorists are limited, the range of uncertainty is wide, those researchers said. The estimate of fatalities in that HCRA report ranged between 800 and 8,000.
In 2002, the researchers noted that increasing cell phone use could be expected to cause the annual death estimate to rise. The 2002 estimate, for example, was up from an estimate of 1,000 deaths in the year 2000. Logic suggests the number -- though just an estimate -- could be much higher in 2009, even with the legal limitation on cell phone use.
In 2001 in California, for example, "at least 4,699 reported accidents were blamed on drivers using cell phones, and those crashes killed 31 people and injured 2,786," according to an analysis by The Los Angeles Times. That number can expected to be low, because of the lack of formal procedures for noting cell phone use as a cause of a traffic accident early in this century.
Around 98 percent of reported accidents involve a single distracted driver. Statistics show some of these causes as one or more of the following: Rubbernecking, Driver Fatigue, Surroundings, Child/Passenger Distraction, Adjusting Radio/CD, Cell Phone, Drunk Driving, Aggressive Driving, Poor Road Conditions, Mechanical Failure and/or Speeding.
In May 2008, immediately prior to the non-hands free cell phone ban went into affect in California, the Public Policy Institute of California released a study that concluded that the law would save about 300 lives annually, but only in adverse conditions such as wet or icy roads. The study also showed that because the penalties were relatively low and the law difficult to enforce, the impact for reducing cell phone related accidents would not be significant.
A 2006 survey showed, teens considered sending text messages via cell phones to be their biggest distraction. Of the teens surveyed, 37 percent said that text messaging was extremely or very distracting, while 20 percent said that they were distracted by their emotional state and 19 percent said that having friends in the car was distracting.
An University of Utah, study published in the 2006, concludes that talking on a cell phone while driving is as dangerous as driving drunk, even if the phone is a hands-free model. The word to the wise, is limit cell phone use while driving.
If your accident occurred in the Inland Empire, including within the counties of San Bernardino, Riverside and East Los Angeles or the cities of Rancho Cucamonga, Alta Loma, Etiwanda, Upland, Ontario, Chino, Chino Hills, Fontana, Victorville, Apple Valley, Hesperia, Wrightwood, Rialto, Colton, San Bernardino, Grand Terrace, Adelanto, Bloomington, Mira Loma, Riverside, Corona, Norco, Pomona, Claremont, San Dimas or surrounding areas the attorneys of the Inland Empire Law Group is ready to aggressively represent you to recover money for your injuries, medical expenses, loss of earnings, pain and suffering and other losses.
Call Now 909-481-0100 to set up your free initial consultation with one of our trained representatives. Or, you can submit a summary of your case from this website and we will contact you upon our review of that information. If your case is one that we believe we can pursue for you, we will establish an attorney-client relationship and start our aggressive representation of your automobile accident claim. Experience the difference. High quality legal representation can make for you and your recovery. We are the law firm for you and your personal injury claim.
8600 Utica Avenue, Suite 200, Rancho Cucamonga, CA 91730
Call Now. 909-481-0100
Call Now. 909-481-0100
Submit Your Case Information Here:
First Name:
Last Name:
E-mail Address:
Telephone Number:
Describe Your Case Facts Here:
Once you have submitted your case information, please allow 24 hours for us to contact you about your case. If you have been seriously injured please seek medical care.
Call 909-481-0100
