March 29, 2009

Huge Jury Award For California Motorcyclist Who Hit Wild Boar

A Monterey County jury has ordered the state to pay $8.6 million to a motorcyclist who was severely injured when he struck six wild boars on a state highway in 2003. The jury held the state responsible for Adam Rogers' injuries because officials knew that wild pigs regularly crossing a stretch of Highway 1 just south of the Carmel River were creating a dangerous situation, but they did nothing to address it.

The injured motorcyclist, a male 45-year-old former karate teacher and champion kickboxer, suffered serious injuries and is now confined to a wheelchair. He and his wife sued the California Department of Transportation in Monterey County Superior Court.

The plaintiff argued the state knew the pigs were crossing the road to feed on vegetation in a nearby environmental restoration project. Although not admissible to show responsibility, the state later put up a pig-crossing sign and used hunters to help control the pig population. The plaintiff further argued the state created the situation with the wild boars and then once they created it and saw what was happening they did nothing to stop it.

Most of the $8.6 million award will go toward the plaintiff's medical bills. The injured motorcyclist requires around-the-clock care and won't walk again. He said he still suffers from gaps in memory as a result of massive head injuries he suffered when he was thrown from his motorcycle.

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March 25, 2009

What Do I Do If I've Been Injured In An Automobile Accident in California?

The answer, to some degree, depends on the circumstances of your particular accident. However, there are some general guidelines that should help you determine what to do after you have been injured. Not every situation will be covered here, but this should help make the process a little less stressful and confusing.

What you do following an automobile accident is illustrative of many other situations in which you've been injured as the result of another's negligence.

Let's focus on automobile collisions in which you believe the other driver is at fault. If you are still at the accident scene, and your physical condition allows it, make sure you exchange insurance information with the other driver. By doing so you are already protecting yourself in case you need to recover for any injuries or property damage. Unless the damage to you and your vehicle is obviously inconsequential, you should next make sure some law enforcement agency responds to the scene and makes a report.

More often than not the responding officer or deputy will interview the involved parties and any possible witnesses. Do your best to be very clear about what happened. If the incident report finds the other driver at fault you will stand a better chance of recovering for your injuries. Most reports are available within two weeks of the accident. Do yourself a favor and get a copy of the report as soon as possible. If you contact an attorney to seek representation, that report will help the attorney evaluate your case.

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March 24, 2009

Protect Yourself From Uninsured Motorists in Sacramento

You leave your house to drive to work or take the kds to school feeling very comfortable with your automobile insurance coverage. You feel protected because your policy has high liability coverage limits, so there's nothing to worry about. Correct? Not so fast. Don't forget to evaluate your uninsured motorist coverage.

A very large number of California automobile drivers hit the road each day with woefully inadequate insurance coverage. By some estimates, as many as one third of all drivers fall into this category; many are uninsured, some are underinsured. Either way, those drivers represent a great risk to themselves and others. Is there a way for the remaining two thirds of drivers to protect themselves? The answer is, yes.

Let's start with some basics. What is uninsured motorist coverage (or "UM" as it is commonly called)? UM coverage is an essential part of any automobile insurance policy in the state of California. UM covers you if you are in a collision where the other driver is found to be liable, and where that driver has either no insurance or insufficient insurance to compensate you for your injuries and the related damages. By law, insurance companies must provide UM coverage as part of every automobile policy. The only exception is if the policy holder specifically declines in writing.

How UM coverage much do I need? Insurance companies are only required to issue policies with a minimum of $30,000 per person/$60,000 per incident, even if your liability coverage limits are higher. And if your liability limits are $15,000/$30,000 (the minimum the law allows in California), then the UM coverage will be issued in that same amount. Neither of the above amounts will serve you well if the other driver has no insurance or is underinsured.

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