The state of California has heavy penalties in place for DUI offenders. These laws are in place to discourage drivers from getting behind the wheel while intoxicated. A drunk driver can destroy lives in an instant. Despite these penalties, many injuries are still sustained each year due to driving while intoxicated. Here is a list of some of the penalties in place in the state of California.
The minimum penalty for a first-time offender (assuming no one is hurt or killed) includes:
- $1,800 in fines and assessments
- 2 days in jail or 3 months with a restricted license (only driving back and forth to work or treatment is allowed)
- 3 to 9 months of mandatory treatment (depending on BAC) which costs about $500
- Loss of license for 30 days (the restricted license begins after this period)
These penalties quickly escalate for second and third-time offenders. However, if someone is hurt or dies as a result of the DUI, penalties may include a felony that will result in prison time. Depending on whether the person was a previous offender, the minimum sentence will be somewhere between one and five years.
If You or a Loved One Has Become the Victim of a Drunk Driver
If you have been hurt or have tragically lost a loved one due to someone driving under the influence, you deserve to be compensated for all of your losses. This can include lost future wages, medical costs, pain and suffering, and more. The compassionate lawyers at Petrov Law Firm can help you to handle these sensitive matters when you may not mentally be in a position to seek a reasonable settlement yourself. Let us help you start to put the pieces back together. In many wrongful death cases, we only get paid if we win for you. Just call 619-344-0360 for help in the state of California.Read More
Every day, 25,000 people slip and fall in the United States. Many of those accidents take place at work and may result in serious injury. Here are some of the biggest workplace slip hazards and how to avoid them.
The Most Common Causes of Slip and Fall Injuries
Here are a few things that California businesses will want to watch out for, and things that employees should report immediately in order to keep the workplace safe.
- Slippery surfaces
- Wet surfaces due to cleaning
- Wet surfaces due to leaks
- Wet surfaces due to foot traffic on a rainy day
- Poorly lit areas
- Uneven surfaces
- Poorly marked transitions (i.e. a sudden step down)
Use of wet floor signs, quick cleanup of dangerous situations, proper lighting, and well-marked areas where a person should watch his or her step can do much to reduce the number of slip and fall accidents.
If You Have Been Injured in a Slip and Fall Accident
The first thing to do after an injury is sustained at the workplace is to fill out an accurate injury report. One should also communicate with and get contact information from any eyewitnesses. Since it is very rare for a slip and fall to happen without something that caused it, an important step is to document the problem by taking pictures before anything can be changed.
The personal injury attorneys at Petrov Law Firm are experts when it comes to helping slip and fall injury victims to receive the appropriate compensation. Call 619-344-0360 to learn more.Read More
All employees have the right to work in an environment that neither jeopardizes their safety nor compromises their health. Many injuries that occur on the job are the result of unsafe working conditions, often due to employer negligence. In their efforts to cut costs and maximize output, employers tend to forego standard safety procedures, violate Occupational Health and Safety Administration (OSHA) regulations, fail to provide the appropriate equipment or training, cut corners, or use substandard materials and dangerous equipment. These situations lead to reduced worker safety and increased workplace injury.
During the past two decades OSHA has seen a decline in injury rates among most professions with the exception of construction workers. Construction work is inherently dangerous and as such, the construction industry has one of the highest rates of fatal and injury workplace accidents in the United States. Every year construction workers are injured or killed in their work across America, often through no fault of their own. Dangerous working conditions and inadequate safety equipment contribute to construction work-place accidents. Despite the frequency of fatal workplace accidents, contractors consistently fail to take essential measures to meet safety standards for construction sites.
It is important to avoid work-place accidents as they can lead to disability, long-term pain and suffering, inability to earn wages, as well as accrual of medical costs. If you or someone you know has been involved in a construction-related work accident, have your case reviewed by a construction accident attorney immediately. A construction accident attorney has a strong understanding of your rights in these circumstances and is experienced in handling large damage claims.Read More
Accidents involving commercial (big rig) trucks occur on average 11 times a day across the United States and result in over four thousand deaths a year. Most of these accidents are caused by driver error, fatigue, or mechanical problems.
A typical commercial truck can weigh at least 25 times more than a regular car. Therefore, most big rig truck accidents with other vehicles often result in more serious physical injury and property damage than an accident between two personal cars.
As with most personal injury cases involving vehicle accidents, the main point of legal liability in commercial truck accident cases is to prove negligence. An individual injured in a commercial truck accident must show that:
- The driver, or the company he represents, owes the plaintiff a legal duty of reasonable care to avoid injury under the circumstances,
- The driver failed to exercise reasonable care, and
- This breach of reasonable care was the cause of injury suffered by the plaintiff.
A personal injury lawyer can help establish each of the stipulations above and can take you through the entire process of claiming what is rightfully owed to you.
If you or a loved one has been injured as a result of a truck accident, you should consider having an attorney evaluate your claim at no charge. A consultation could make all the difference in whether you collect on your claim.Read More
Simply paying someone to cut your grass or clean your home could turn out to be a legal problem. While there are tax and employment laws you might have to consider, you also have to avoid any liability if the person gets injured while working at your home. Contact a lawyer immediately if someone you’ve hired gets injured while in your home.
Your homeowner’s insurance policy probably will not cover their injuries. If a friend is visiting your home and gets injured, the insurance policy will pay; if you are paying someone to be there, then you aren’t covered. (And asking the paid person to lie about working for you is insurance fraud.)
Workers should either come with their own insurance coverage, or they should explicitly waive your liability. Of course, companies and referral agencies will have their own coverage. You need to be worried when you hire a friend, neighbor, or stranger off Craigslist.
Start with a written waiver statement about injuries and liabilities. You can add the statement to the same piece of paper about pay. For a one-time job, this should suffice. If you intend on having the same person working at your home on a regular basis, ask a lawyer to draft a short contract that limits your liability.Read More
As the injured party, you probably don’t care where or how you got hurt; you’ve been injured by no fault of your own and you want to recover your losses. However, where and how you got hurt makes a tremendous difference to the legal system. In order to find the right lawyer to help you, you need to have a working knowledge of the differences between employment practices, workers compensation, and personal injury cases.
Workers compensation cases are based on a physical or mental injury sustained by an employee while at work. For example, if you work in a warehouse and a shelf falls on you, then you have a workers compensation claim. The employer is responsible for the injuries because the accident occurred while you were on the job. Likewise, if you have a boss that constantly yells at you and threatens to fire you, you can develop stress-related health issues like anxiety and sleeplessness.
Employment practices is generally about sexual or emotional harassment and discrimination. Of course the typical example for sexual harassment is a boss demanding sex in exchange for a promotion. Realistically, harassment is more subtle, and includes a workplace environment where abusive or sexual jokes and unwelcome advances are commonplace. Discrimination lawsuits are generally based on ethnicity, age, and gender. Discrimination cases are harder to prove, but with several unrelated victims detailing the same problems, a lawyer can make a case for discrimination.
Personal injury takes place outside of the claimant’s workplace. Personal injury accidents include injuries sustained in a retail store, in a car accident, by a faulty product, etc. If you’ve been injured by no (or little) fault of you own, then you probably qualify for a personal injury lawsuit. One major exception is for accidents that happen in your own home. If you slip and fall while in your own kitchen, you can’t sue yourself or your homeowner’s insurance company for medical bills.Read More
If you are in a car accident, make sure to find out if the other driver was using his or her personal car while working. Employers allow employees use personal vehicles for short-term business errands — like picking up last minute office supplies or running to the bank for a deposit. In such cases, you will need a lawyer to help you determine the full extent of compensation possible.
Large corporations have deep pockets. So for example, if you were in a car accident with a teenage driver, he or she could be on an errand (to the bank, for example) for his or her fast food employer. The teenage driver might not even know that the employer is therefore responsible for the financial losses caused by the accident. This teenager might only be able to offer you information about his or her personal insurance. And that insurance could be minimum coverage.
Worse yet, the driver might not have any insurance at all. And while you can always sue to collect wages for up to 20 years, that’s a long time to wait to be fully compensated for your losses due to medical bills and lost income.
However, if the driver was running to the bank to make a daily deposit for the employer (more common than you might realize), then the employer becomes responsible for your losses. And large corporations have insurance policies that can cover millions of dollars in losses. So instead of fighting for compensation through the minimum wage income from the driver, you and your lawyer will be able to use the corporation’s insurance policy for immediate payment on your current and projected losses.Read More
Let’s say, for example, you twist your ankle and fall, sustaining several other injuries such as a bruised tailbone and a cut on your palm. These three injuries can add up to thousands of dollars in medical bills. If you rely on your hands and feet to perform the majority of your job (like being a server at a restaurant), you might lose thousands of dollars because you are unable to work.
However, who you sue for these injuries depends on where the injuries occurred.
If you were working when the injuries occurred, then you do not have a personal injury claim. If you got hurt while at work, then you have a workers compensation claim. If you were not on the clock, but you were at your workplace for personal reasons, then you would then have a personal injury claim.
If you fell and sustained your injuries while you were at the grocery store (or any other private property except your own home) then you have a personal injury claim. Even if you don’t know the cause for the fall (such as a slippery floor), you can file a claim for a personal injury and an insurance company will likely pay out on the claim to make it go away.
If you fell on public property, like the sidewalk, you are most likely out of luck. While you can try to sue the city for negligence, you and your lawyer will carry the burden of proving the city was grossly at fault for the fall. A long-standing, well-reported, dangerous sidewalk might be sufficient evidence to get the city to bend and pay for some of your losses.
If you fell in your own home, then you will have to use your own personal health insurance policy to cover the injuries. Generally, homeowner policies will not cover the expenses of an injury to the homeowner or resident. If a guest falls in your home, then your homeowner’s policy will cover the cost of the guest’s expenses.2626Read More
There is sufficient evidence indicating that persistent, sexual harassment (in or out of work) causes depression, anxiety, and post-traumatic stress disorder. Although the typical example is a construction working making inappropriate comments to women passing by, there are countless situations in which you can be harassed while going about your daily business.
If the harassment happens while you are at work, then it becomes an employment law case. However, if you are outside of work and the harasser is working, then you can use a personal injury attorney to sue. And you wouldn’t be suing the harasser; you’d be suing his or her employer.
All employers must require that their employees conform to strict, behavior guidelines. If those employees don’t act in respectful ways, the employer is liable for those actions. Catcalls, lewd gestures, and inappropriate looks are seen by most courts as a form of violence. If you walked into a coffee shop and the barista slapped you in the face, you would sue the coffee shop owner. The same laws apply to sexual misconduct
You have to right to walk down the street or into a business without the threat of sexual violence. Contact a personal injury attorney immediately to get guidance as to how you can start to collect evidence and stop the harassing behavior.Read More
Generally, if your child is hurt while playing a high school sport, you might be wasting your time and money trying to sue the school for the injury. State laws and case history support the premise that there are inherent risks in playing sports, therefore, the school (or the school’s insurance company) is not responsible for costs when your child is injured. There are, however, a few avenues to investigate if you suspect there might be underlying problems. Both negligence and custom can be the basis of a personal injury lawsuit. Before you approach the school or a lawyer, you should already have solid, well-documented evidence.
Proving injury is quite easy, but proving negligence is not. To claim negligence as the real cause of the injury — not the game itself — you need to show a pattern of behavior by the coach that allowed for dangerous circumstances. For example, if a coach is absent at a majority of practices and leaves an aggressive team captain in charge, then you and your lawyer might be able to show that the school and the coach allowed the players to be misguided into dangerous, unsportsmanlike behavior.
The school also could be held responsible for the injury if a coach was acting under specific policies or customs that made for dangerous instructions by the coach. There are few to no schools that would have an official policy that advocated for extreme aggression as a method of play. However, if you notice that the coach is regularly and excessively pushing players to be aggressive on the playing field, you might have a basis for a personal injury lawsuit.
In either circumstance (neglect or custom), your evidence needs to be well-documented and you need to be patient. Typical personal injury claims take years to come to conclusion, but with the reluctance of the courts to side with a frustrated parent, a personal injury case against a high school could end well after your child has finished college.Read More