Pomona Personal Injury Law Blog

How some states rank in teenage drunk driving

On behalf of The Law Offices of Christian J. Amendt posted in motor vehicle accidents on Tuesday, October 15, 2019.

Many California residents are aware of the National Minimum Legal Drinking Act. This act mandates that a person needs to be over 21 years of age in order to consume alcohol in the US. Violating this act can bring about different forms of punishment. Despite having us act in place, there are still a large number of teenagers who consume alcohol.

It seems that more teenagers drive after drinking than adults. Data from the CDC shows that 5.5 percent of teenagers have operated a motor vehicle after drinking any alcohol while 3.1 percent of adults have been behind the wheel after consuming too much alcohol. Unfortunately, the results are often disastrous. In the year 2017, just over 10,000 drunk driving fatalities were reported in the US.

Debunking the notion of the one-bite rule

On behalf of The Law Offices of Christian J. Amendt posted in bicycle accidents on Tuesday, October 15, 2019.

The potential of encountering an aggressive or vicious dog while on your bike in Pomona (and your recommended course of action) has been detailed on this blog in the past. Yet as has also been pointed out, despite your best efforts at escaping such a situation, the threat of suffering a dog bite is ever-present. Oftentimes a bite may not develop into a significant injury, yet there may be just as many cases where the damage inflicted upon you can be extensive. Those in such situations often come to us here at The Law Offices of Christian J. Amendt asking what legal recourse might be available to them.

The notion exists that dog owners are immune from liability the first time that their animal attacks another. This is due to the existence of "the one-bite rule." According to the Cornell Law School, the one-bite rule stipulates that dog owners are only liable if previous incidents had indicated that their animal had aggressive or violent tendencies. Essentially, this lets them off the hook the first time that their dog attacks someone.

A poorly designed ramp can lead to a wheelchair accident

On behalf of The Law Offices of Christian J. Amendt on Wednesday, October 9, 2019.

If you use a wheelchair because of a temporary or permanent health condition, you already know how challenging it can be to get where you need to go. Certain natural areas may be difficult or impossible to access in your wheelchair, but most other places should provide accommodations for you.

The owner of a building or those responsible for public or government property have the obligation to follow the laws established to provide as much access as possible to those who use wheelchairs. While it is true that, in some cases, a property owner may incur some expense to install a ramp to allow for wheelchair access, it is also true that, by taking cheap shortcuts, a property owner may put your life in danger.

Reviewing backover accidents

On behalf of The Law Offices of Christian J. Amendt posted in pedestrian accidents on Monday, October 7, 2019.

While high-speed collisions involving vehicles and pedestrians tend to dominate the headlines, there is another equally-as-common type of auto-ped accident that does not get near as much publicity; backovers. These are those accidents where a driver backs over a pedestrian. Most of these accidents occur in driveways or parking lots, and in many cases, the driver knows the victim. According to the National Highway Traffic Safety Administration, an average of 292 backover accidents occur in the U.S. every year. Sadly, 35 percent of these accidents involve children that are under the age of 5.

Backover accidents are typically just that: accidents. Information shared on the website KidsandCars.org confirms what was mentioned earlier in that in nearly 70 percent of these cases, the driver is a parent or relative of the victim. While small children are indeed at higher risk of being involved in these types of accidents, teens and adults are not immune from them, either. Accidents involving people backing over bicyclists and runners are also common.

What should I know when riding my bike to work?

On behalf of The Law Offices of Christian J. Amendt posted in bicycle accidents on Sunday, September 29, 2019.

Riding your bike to work is a great way to save money on fuel costs while also preserving the environment. However, riding on the street with other cars and other vehicles is intimidating for first-time riders, which is why safety is so important. Bicycling.com offers the following recommendations in this case.

Get the right gear

What can I do if my brakes fail while driving?

On behalf of The Law Offices of Christian J. Amendt posted in motor vehicle accidents on Sunday, September 22, 2019.

Pressing on your brake pedal only to find it unresponsive is a terrifying feeling. Unfortunately, it can happen, and your actions in the moments after can make a significant difference. There are steps you can take to stop your vehicle as safely as possible, which will hopefully prevent serious accidents and injuries from occurring. First and foremost, ensure your vehicle and your brakes are properly maintained at all times. Doing so will greatly reduce your risk of experiencing a braking issue.

As soon as you realize your brakes aren't working, remove your foot from the gas pedal. If there are other vehicles around you, turn on your emergency blinkers to signal a problem. You can also honk your horn to increase awareness, especially if the other vehicles are particularly close to you. While your primary impulse will be to stop the vehicle, you need to slow down enough to safely come to a stop on your own. This could mean driving farther until it's safe to do so, so if you're on a highway that might mean taking the next exit or driving on the shoulder.

Detailing the attractive nuisance doctrine

On behalf of The Law Offices of Christian J. Amendt posted in premises liability on Monday, September 16, 2019.

California’s perpetually pleasant weather allows you and your family access to outdoor activities all throughout the year. For your kids, that can mean endless swimming, hiking and exploring. Like most parents in Pomona, you no doubt encourage such activities, yet also worry about your kids’ safety while engaged in them. The hope is that they will exercise sound judgment (or that others will account for their lack of it when you are not around). Sadly, many parents have come to us here at The Law Offices of Christian J. Amendt when that has not happened questioning what (if any) legal recourse is available to them.

You understand that there will be times when a particular feature or condition is so attractive to young children that its appeal overrides any fears or reluctant thoughts that they may experience. Lawmakers do as well, which is why the attractive nuisance doctrine has been developed. According to the Cornell Law School, this legal principle recognizes that children may lack the understanding to comprehend the dangers that potentially hazardous or artificial condition or object can pose. Thus, it places the responsibility on the owners of the properties on which these conditions are found to protect kids from them. This responsibility remains in place even if your kids gain access to the dangerous attraction without the property owner’s permission.

How can I keep my kids safe when trick-or-treating?

On behalf of The Law Offices of Christian J. Amendt posted in pedestrian accidents on Saturday, September 7, 2019.

Halloween will be here before you know it, and parents are rightly concerned about their kids' safety when trick-or-treating. While dressing up in costumes and going door to door is certainly fun, it also entails many risks. SafeKids.org offers the following tips so you can rest assured that your children will be safe and secure this Halloween.

Keep in mind that young children, such as those under 12, should not be left to trick-or-treat on their own. It can be difficult for these kids to navigate the streets on their own, which increases the risk of being involved in a pedestrian accident. Older kids should travel with others and parents must emphasize the importance of sticking to well-lit paths in familiar neighborhoods.

Drowsy driving is a significant threat and public safety concern

On behalf of The Law Offices of Christian J. Amendt on Thursday, August 29, 2019.

When you think about dangerous things that could threaten your safety on the road in California, you may think about things such as distracted driving, speeding and more. You may not consider the impact of drowsy driving. Despite how many people underestimate the danger of driving while fatigued, it is actually a leading cause of many car accidents.

It is normal for people to underestimate the danger of drowsy driving. After all, most people have probably gotten behind the wheel while a little sleepy. There is a difference between being a little tired and dangerously fatigued, which can significantly increase the chance of a car accident. If you suffered injuries in an accident caused by another driver, it is possible that fatigue played a role in what happened to you.

How is phantom pain treated?

On behalf of The Law Offices of Christian J. Amendt posted in motor vehicle accidents on Thursday, August 29, 2019.

After the amputation of a limb in California, you may experience a strange and often frustrating sensation called phantom pain. When phantom pain occurs, you experience discomfort that seems to be coming from the limb that is missing. The exact cause is unknown, and doctors once believed that it was a purely psychological phenomenon. Further research has indicated that phantom pain is, in fact, a neurological condition of the central nervous system, i.e., the brain and spinal cord.

According to the Mayo Clinic, understanding more about the nature and origin of phantom pain has helped doctors and researchers to develop more effective treatment modalities. As a last resort, your doctor may recommend surgery to stimulate the brain if no other treatments prove effective.