5 Alternative Sources of Liability

Alternative Sources of Liability

• TIMS provides comprehensive coverage across California, offering geo-coded data about hazardous public road conditions.
• Accidents can be analyzed swiftly, typically within 3-5 minutes, by accessing key details such as accident location, investigating officer, and crash date.
• Prioritize gathering independent third-party evidence as defendants may withhold information, delaying the demand writing process before litigation.

Longitudinal Joint Cases

• Longitudinal joints present severe hazards, especially under low visibility conditions at night, leading to significant motorcycle accidents without vehicle contact.
• Importance of field research: Engage with motorcyclists to document their experiences, including duration and type of vehicle, to assess recklessness.
• Speeding motorcyclists (e.g., 55-60 mph) encountering poorly maintained road joints face potentially severe injuries.
• Liability may extend to multiple entities including Caltrans, local counties, cities, and potentially construction subcontractors.
• Essential steps involve submitting government claims to relevant entities, ensuring prompt identification of liable parties through responses.

Construction Contractors and Liability

• Contractors can be held accountable for defective roadwork, especially if cities have failed to conduct regular inspections for dangerous conditions.
• Each city requires a unique claim form detailing the incident and rationale for liability, accompanied by supporting exhibits like medical records and photographs.
• Maintain a proactive approach by preparing widely for trial, exemplified by sending requests for admission (RFA) to streamline evidence acceptance.

Vicarious Liability

• Recognizing the significance of detailed depositions, as shown in a case where initial liability was underestimated due to the driver being misidentified as an independent contractor.
• In-depth investigation can reveal affiliations with larger companies, drastically increasing potential settlements or liabilities.
• File complaints for deeper investigation when defense claims appear dubious and embrace thorough discovery practices, including multiple depositions.

Helmet Regulations and Claims

• Helmets must meet DOT standards, yet compliance does not guarantee rigorous testing; most certifications are based on manufacturers’ assurances.
• Significant failure rates exist for helmet performance, with research indicating 41.9% did not meet necessary standards.
• Potential defendants in faulty helmet claims can include manufacturers, distributors, and sellers, though allegations of fraud are seldom pursued due to potential juror biases.

General Strategy and Verification

• Maintain a skeptical view toward information sources, including insurance companies and police reports; always verify independently.
• Amendments to government claims may be possible depending on judicial discretion, with options for filing new or late claims based on updated statutory bases.
• Evaluate cases comprehensively by considering vehicle size and context to establish a solid basis for liability.