TV - biomechanics.docx

** TRAINING VIDEO**: **[5 Alternative Sources of Liability]** *Tools* A screenshot of a computer screen Description automatically generated *TIMS - covers the whole state of California, geo-coded and more reliable source of information, especially for dangerous conditions of public roadway* ![A...

** TRAINING VIDEO**: **[5 Alternative Sources of Liability]** *Tools* A screenshot of a computer screen Description automatically generated *TIMS - covers the whole state of California, geo-coded and more reliable source of information, especially for dangerous conditions of public roadway*  *In 3-5 minutes, you can identify the location of the accident, the investigation officer who did the investigation, and the date of crash* ***Strategy** - get info from a third party (independent, objective), rather than from the defendant (third-party evidence) Why? Because defendant will not give the info* *The defendant is the last place we look (through discoveries)* *\> important for demand writer as we need the info first in writing the demands before going to litigation* *\ * 1. ***Longitudinal joint cases** - dangerous conditions of public property* - *A motorcyclist\'s nightmare because it can\'t be seen all the more at night* - *A rut in the road* - *Falling without even knowing why and how (no contact with other vehicles)* *\ * - *Field research to document* - *Talk to the rider about his experience (how long), what kind of bike he rides* - *You can gauge if the cyclist is also reckless by interviewing him* *\ * - *If a rider gets into that joint running at 55 or 60mph, injuries would be really significant* - *Who do you sue?* - *Shared entities with the government (eg. Caltrans)* - *Government claim against the state, county, [and] city* - *Construction company (other subcontractors) whether private or public* *\ * - *important considerations or steps:* 1. *Send a government claim to Caltrans, county, city, where it happened. If they are not the correct entity, they are obligated to tell you.* 2. *After getting a response, either Caltrans admit or it names private contractors or another government entity* ***Strategy** - send a lot of claims very early, identify the statutes or government codes that give rise to liability in the claim form (otherwise, the claim might be dismissed)* ***Idea**: let them tell you who's to blame* *Construction contractors may be held liable for defective work, but the city does windshield inspections. So if a certain defective or dangerous condition remains unfixed for, say, 2 years, then the city may be held liable. That is notice.* *Each city has its own claim form. Tell them what happened (statement of facts) and why they're liable (liability discussion). Attach exhibits, like TCR, medical records, photographs, etc.* ***Strategy** - "They always expect to be in trial." - always preparing for trial* - *Ex: Sending a cover letter with the attached RFA (request for admission) to admit the genuineness of Google photos (for practicality - not to be objected to during trial)* ***2) Vicarious Liability*** - *Dump truck accident with plaintiff severe injuries (leg to be amputated)* - *Offered the 1M* - *Worth taking a deposition of the driver* - *They then learned during the depo of the driver * - *Representation: he was an independent contractor, a random driver not working for anyone* - *But during depo: He admitted working for one of the largest construction companies in the state for 9 yrs (Vulcan Materials Company).* - *So the 1M policy limit offer became a 3M policy with a 25M umbrella* ***Strategy** - Don\'t believe the defense or insurance company. File a complaint for a case warranting further investigation. Go through with discoveries. Take 3 or 4 depositions. Don\'t take their word.* ***3) Helmets*** - *Law: wear a helmet with a DOT sticker (Dept of Transportation approved) standard* - *NHTSA: "Manufacturers have good faith belief that their helmets comply with DOT standards. DOT is not doing the actual testing on the helmet to give the sticker." (thickness of the foam, grip, securedness, padding)* - *Paperwork only, no actual testing* - *Faulty helmet claims, head injuries* - *On research, 41.9% failed on performance* - *Potential defendants: store (only if they consent), manufacturer, distributor* - *No allegation of fraud claim, because jurors are critical of that. It's not worth pursuing because they will not admit ('waste of time') * - *honest mistake-defense, so they just stick with negligence* *Another source of information* ***[Summary:]** "We do not believe anyone about anything at any time."* *Dont believe anything FROGS about insurance coverages, affidavits of scope and employment, police report* *Determine that on your own using other sources of information. Verify for yourself.* *Is it possible to file an amended govt claim if there is a statute that needs to be amended, like an additional government code?* - *Yes and no, it depends on the judge* - *File a motion for an amended government claim* - *Or you can also file a new claim, late claim, alleging the new statute as a basis for liability.* *For course and scope of cases - people can look out for the type of vehicle (size of van for moving stuff), destination, and other totality, police photos.*