Podcast
Questions and Answers
Which of the following is a source of liability discussed in the video?
Depositions are unnecessary in personal injury cases.
False
What kind of claim should be sent to Caltrans, county, or city where a longitudinal joint accident happened?
Government claim
Based on the content, how can the liability of a city come into play regarding defective or dangerous conditions?
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The law requires wearing a helmet with a ____ sticker.
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Manufacturers are given a DOT sticker on their helmets only after actual testing is conducted.
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Who are the potential defendants in a defective product liability case (i.e., helmet)?
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You can file an amended government claim if there is a new statute that impacts the case.
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What should the claim form submitted to a city contain?
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In summary, the presenter said: “We do not believe anyone about anything at any time.”
What does he mean by that in terms of determining the sources of liability for a given personal injury case?
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Study Notes
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.
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Description
Explore five alternative sources of liability that are crucial for understanding accident investigations. This training provides insights into identifying accident locations and the officers involved in their investigations. Gain valuable knowledge in managing public roadway conditions in California.
