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What is the statute of limitations for personal injury?

Premises liability cases in California often fall under the area of personal injury. It could be someone came on your property and fell on ice, getting injured. Perhaps someone fell down your front steps on your porch and was injured. Whatever, the case may be, it is premises liability because you are responsible for damages that occur on your property, but it comes under personal injury law. With this area of law comes a statute of limitation, which according to California Courts, is how long a person has to file a lawsuit against you for the damages. 

The statute of limitations may vary and can actually be delayed. A delay is called tolling of the statute of limitations. It may occur when the person who was injured is unable to engage in a lawsuit. For example, if the injured person is underage, the statute of limitations may be delayed until that person reaches the age of 18. 

Can your personality change after a brain injury?

Even if a person in California has been fortunate enough to survive a traumatic brain injury as a result of a motor vehicle accident, loved ones often find that their friend or family member has changed afterward, particularly in personality or temperament. The consequences of a traumatic event can have repercussions for many years to come, including changing the person who has survived the event.

According to a piece on Brainline.org, an injury to the brain can result in changes to personality in two different ways. When the brain suffers damage, it disrupts the mechanisms that take in outside stimulus and processes it. The injury can damage connections that flow from the cerebral cortex, which performs the thinking, to the limbic system, which is the structure of the brain that controls and modulates a person's emotions. Because of this, a person may experience personality changes due to alterations in how emotion is experienced, understood, modulated and expressed by the brain. 

Motorcyclists more likely to die in motor vehicle collisions

The roads are designed to provide safe and convenient passage for motorists. Due to many factors, accidents and fatalities in the Oakland area are often unavoidable, especially for motorcyclists. They may be smaller than cars and trucks and require less space to maneuver. However, two of the biggest dangers to riders are car and truck drivers. According to the Insurance Information Institute, in 2015, motorcyclists had a 57.85 fatality rate in motor vehicle collisions which is almost five times higher than the death rate for passenger cars. 

Many accidents happen when motorists do not give riders the right of way. Fortunately, motorcyclists can take measures to protect themselves and reduce the likelihood of crashes and serious/fatal injuries. They should not overestimate their riding skills. Road conditions are constantly changing. Drivers and other riders are not always as attentive as they should be. Impairment, distractions and drowsiness are leading causes of accidents for both passenger cars and motorcyclists, states The Verge. 

Determining fault in an accident with a driverless car

Studies repeatedly find that human error is the cause of most car and truck accidents. The takeaway is that accidents are preventable, that a human caused the accident by doing something wrong. In legal terms, this is referred to as a negligent driver: someone who caused injury to someone else as a result of their actions.

In the dawn of driverless cars, the narrative is shifting. Humans are interacting with machines, and it requires a new conversation and a new way of looking at things. In December, an automated vehicle and a motorcyclist collided in San Francisco, causing significant injuries for the motorcyclist. He’s filed a lawsuit against General Motors claiming the accident was caused by the automated vehicle, which was being monitored by an in-car passenger who made an unsuccessful attempt to avoid the collision.

The reality of rail travel safety

Recent commuter train accidents may have left commuters a bit wary of train travel. It is scary to think about what happens when a train derails and how seriously passengers can get injured in such an accident. This may leave people wondering just how safe it actually is to travel by train. When looking at the options in California, people may be surprised at where trains actually rank. According to Fortune, rail travel is a relatively safe option. 

In fact, driving is actually the most dangerous way of getting anywhere. Air travel is considered quite safe, with trains being pretty close in the rankings. One reason airplane and train accidents make such big news is that they do not happen very often. Sadly, when they do occur, the consequences are usually horrific.

Do post-accident headaches mean much more?

California residents who survive an auto accident without much more than a slight headache are likely to feel grateful that they got off without serious injury. However, there are reasons to be cautious, even suspicious, of even mild head pain following an automobile accident. In fact, a headache could be a sign that you have suffered a far worse injury.

Findlaw points out that people may not always manifest serious injury symptoms immediately following an auto accident. In fact, it could be days or weeks before you discover something is truly seriously wrong with you. For example, people experiencing head pain due to a vehicular accident may have suffered a concussion, whiplash, a blood clot, or an injury to the neck or even the brain.

How can dining establishments protect their patrons from harm?

California is a popular tourist destination home to many restaurants and dining establishments. When guests go out to eat and enjoy themselves, the last thing on their minds is getting hurt. Though many restaurant owners and staff work hard to protect their patrons, accidents and situations can happen that result in illness, injuries and death. 

Owners can be held liable for incidents that happen in their dining establishments and cause harm to patrons. Foodborne illnesses, slip and falls and burn spills injuries are very common. According to FindLaw, "48 million individuals develop food poisoning" each year from eating contaminated food. Not all accidents are avoidable, but many of them are preventable. Here are some actions owner can take to protect their guests from restaurant accidents. 

Amtrak train accident leads to injuries, death and lawsuits

Trains are a convenient form of transportation for many people. They allow for travel across great distances at fast speeds and significantly reduce commute times. Many people believe they are a safer alternative to driving and riding in cars and buses. However, trains do not eliminate the risks associated with transportation-related accidents. Trains do not have the same protective structures and safety features cars have. When train accidents happen, the results are often catastrophic. Passengers are likely to sustain serious injuries and die. 

Recently, an Amtrak train traveling more than 78 miles per hour derailed as it went around a curve in a 30-mile zone near the Dupont area. 12 of the train's cars and the front locomotive fell off the track onto the interstate below. Nearly 80 passengers sustained injuries and three people died.

The National Transportation Safety Board Updates Its Preliminary Report on the Amtrak Train 501 Derailment

On December 18, 2017, at 7:33 a.m., southbound Amtrak train 501 derailed from an overpass over Interstate 5, near Mounts Road in DuPont, Pierce County, Washington, during its inaugural run on the Point Defiance Bypass, Lakewood Subdivision track.

On January 25, 2018, after interviewing the locomotive engineer and an Amtrak conductor who was in the lead locomotive training for the new route, the NTSB updated its Preliminary Report.

Are drivers still liable for a crash while on autopilot?

Vehicles are beginning to incorporate intelligent features, such as autopilot, and fully self-driving cars may one day hit the market. These new technological marvels could improve our lives in several ways.

At the same time, there’s no guarantee that the roads would be free of traffic accidents. Just this January, for instance, a Tesla Model S crashed into a California fire truck while set on autopilot. Although there were no injuries, this crash and similar incidents are gaining attention from concerned courts.

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