Archives for category: Motorcycles

As a result of an $8 Million Dollar verdict, Yellow Cab in San Francisco is considering filing Chapter 11 Bankruptcy. This move comes 6 months after the verdict found them responsible for the brain Injury and partial paralysis suffered by a passenger in a Yellow Cab vehicle.

Yellow Cab, like the entire taxi industry has seen its business ravaged by companies like Uber and Lyft who charge lower fares and can flood the street with cars at a moment’s notice. These new companies also benefit from looser restrictions.  Yellow Cab has tried to duck liability by claiming that their drivers are independent contractors and that argument echo’s the claim that both Uber and Lyft drivers have made in California courts and are asking to be classified as employees.  The lawsuit by Lyft and Uber drivers is waiting for its day in court as well.

It’s interesting and terrifying to note that Yellow Cab only carries $1 Million in liability insurance and that’s only a fraction of the $8 Million dollar judgment. In fact the Attorney in that case calls that “grossly underinsured.”  Even in the past when Yellow Cab has been hit with lawsuits they have not increased their insurance limits and instead pretend that they don’t own or operate many of the cabs and then hang their drivers and passengers out to dry claiming the drivers are independent contractors. While the injured party in this case would have a voice in bankruptcy court that adds a layer onto what is already a sad situation.

A similar situation happened in Chicago where Yellow Cab lost a $26 Million dollar verdict and in that case they filed for Bankruptcy less than 9 hours after the verdict was read in court. Yellow Cab in San Francisco asserts that business and fares are strong with an average of 15,000 people riding in a Yellow Cab on average.

This is another great reason to have as much insurance as you can reasonably afford. Your car insurance follows you and in a case like a ride in Uber, Lyft  or even Yellow Cab you will have insurance that you can use and count on.  As we incorporate new services into our lives that cost less money and are seemingly better it is wise to look at the ramifications and how they affect you.

We help with serious issues that require serious representation.  We are the Law Offices of Guenard & Bozarth.  We have over 70 years of experience on our legal team and we also have a former insurance company defense attorney in our plaintiff’s only law firm.  Call GB Legal 24/7/365 at 888-809-1075 or visit www.gblegal.com  We Can Help!

 

 

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I hate delivering news that falls into the category of really bad news. Last week was not good!

We had a family that was recently involved in a horrible accident here in town.  They came to our office for help.  We made certain that their medical issues were being taken care of first (they were) and that the status of their car repair was being seen to.  It was as well.  The next action was to contact the insurance company of the driver that caused the accident and notify them that we were on the case.  That’s where the horrible news came into play.  The driver that hit them let their insurance lapse and there is NO INSURANCE!  We have a family with injuries, they cannot work as a result of their injuries and their agent saved them a few dollars and wrote minimum coverage.  That now means minimum coverage for their own injuries.

They will get their car repaired.  We will be able to offer some monetary help for their injuries but this accident will cost them time, money and pain with no one that can really be held accountable.  The reality is that when this family first came into the office they said they were not the “type to sue” but based on how severe the injuries are they knew they needed some help.  We will give them as much help as we can.  The grim reality is that the other driver having no insurance and our client having minimal insurance there will be only so much we can do.  Please take a look at your personal policy and make certain you have limits that you are comfortable with.  If you want to know more just leave us an e-mail and we will talk about this in our next blog.

We help with serious issues that require serious representation. We are the Law Offices of Guenard & Bozarth.  We have over 70 years of experience on our legal team and we also have a former insurance company defense attorney in our plaintiff’s only law firm.  Call GB Legal 24/7/365 at 888-809-1075 or visit www.gblegal.com  We Can Help!

 

We wrote recently about the devastating impact of not having sufficient automobile insurance and how critical that becomes when you’re involved in an accident with an uninsured or underinsured motorist. These days it comes down to the idea of buying sufficient insurance to cover yourself in the event the person hitting you doesn’t carry enough or any insurance.  By doing this you accept that if you are in an accident the other driver will be uninsured.  In California the Insurance Resource Council estimates there are more than 4 million drivers without insurance.  Better covered than sorry!

With that said what coverage limits should you have in place to adequately cover yourself against an uninsured/underinsured driver?  In reality you should purchase as much insurance as you can up to a point.  A minimum level of coverage of $100,000/$300,000 for Uninsured/Underinsured Motorist is reasonable… buy more if you can afford it.  Having medical payments coverage is extremely affordable and allows you to direct your care and enlist the services of Chiropractors and other allied health care professionals of your choice.  Many insurance agents will steer you away from medical payments coverage by telling you that you already have health insurance and based on our experience this is almost always bad advice.

Another aspect of insurance that often goes unexplored is listing all licensed drivers in your home on your policy.  Some insurance companies will not cover drivers that live in your home if they aren’t listed on the policy.  The last and possibly most important thing you should do is actually read and understand your policy.  Your agent wants to sell you insurance and it’s up to you to know what you’re actually buying and then be certain that it’s want you want and need.

We help with serious issues that require serious representation. We are the Law Offices of Guenard & Bozarth.  We have over 70 years of experience on our legal team and we also have a former insurance company defense attorney in our plaintiff’s only law firm.  Call GB Legal 24/7/365 at 888-809-1075 or visit www.gblegal.com  We Can Help!

 

As personal injury advocates we see first- hand what happens when a driver overlooks the presence of someone on a motorcycle.  Since this is the start of Motorcycle Safety Month we are sharing some sobering facts about crash statistics.

  • Over 4500 Motorcycle Riders were killed in 2013.
  • Over 90,000 riders were injured in 2014.
  • Almost 15% of all vehicle fatalities are motorcycle riders and passengers.
  • Motorcycle riders are 25 times more likely than passenger car occupants to be injured or killed in an accident.

The reality is that anyone on a motorcycle is more vulnerable than someone in a car or a truck.  Distracted drivers are a huge issue for anyone riding and someone who simply veers from their lane slightly into a motorcycle can produce consequences that are magnified over what would happen if the swerved into a passenger car.  When you are in a car you have the protection of fenders and seatbelts while a rider must rely on heightened awareness, protective clothing including helmet and gloves and being noticed.  Some of the methods riders use to be noticed are a loud exhaust and a strobe front light.  These certainly help and they still require the driver of the car of truck to help.

April was Distracted Driver Month and that ties in well with Motorcycle Safety Month and our everyday habits.  Please be careful and aware with every mile you drive or ride.  We rely on each other to arrive alive and safe.  We all know someone who rides a motorcycle so this matters.  This matter’s greatly to us because we work with victims to get their lives re-started after they have been injured through no fault of their own.

If you or someone you love has been injured as a rider or a passenger on a motorcycle please call the Law Office of Guenard & Bozarth at 888-809-1075.  We are available 24/7/365 to speak with you and get you the help you need now.  You can also visit our website at http://www.gblegal.com/motorcycle.php

As a local business in Elk Grove we are to some extent responsible for our community. Before we ever started this firm some of the goals we had were to become profitable, hire local staff and to give back to the community we live in and share.
This is the reason we are involved in groups like the Boy Scouts, The Elk Grove Food Bank & Family Services and local Elk Grove High School Athletics. Being involved at the level we are keeps us informed about local events and demonstrates to local youth that everyone is concerned about the city they will soon inherit.
We lose our Managing Partner Ross Bozarth for a full week when the Boy Scout Pacific Coast Bike Challenge comes around. Ross will spend a full week with Scouts and will guide them and mentor them on a very challenging event that these kids will never forget. These kids will learn the value of giving back and what they need to do as productive adults in the future.
Our Senior Partner Glenn Guenard is on the Board of Directors for the Elk Grove Food Bank and Family Services and further volunteers him time, expertise and connections when anything law related come up. Guenard & Bozarth loves this organization and organizes a turkey Drive at Thanksgiving and sponsors other Food Bank Fundraisers during the year.
When someone chooses Guenard & Bozarth to represent them they are in effect giving back to the community and the entire community benefits. If we can be of service to you or a loved one please let us know. We are available 24/7/365 at 888-809-107 or at http://www.gblegal.com We Love To Help!

What activities are so inherently “dangerous” that they should require extra caution under the laws of the State of California? The legal term used for activities which involve a high degree of risk and require a high level of care is “ultrahazardous”. Whether something rises to the level of being ultrahazardous is a “question of law” (i.e. it is for the court or judge to decide rather than a jury). The factors analyzed in answering this question are as follows:
• The existence of a high degree of risk of some harm to people or property;
• The likelihood that harm from the activity or use of the product will be great;
• Inability of the elimination of the risk by exercising reasonable care;
• The extent to which the activity is not a matter of common usage;
• Does the activity take place in an inappropriate environment; and
• To what extent will the value of the activity to the community as a whole is outweighed by its dangerous attributes.
The term “common usage” means the activity carried on by large percentage of the population or it is something that is fairly uncommon and still inherently dangerous. An example would be the use of noxious potentially toxic materials like sulfuric acid. While this may be common in small quantities the storage of large amounts of such chemicals may be uncommon. If a mining company were to engage in blasting in an isolated area, this may not be deemed “ultrahazardous” but, the same explosion in a populated area may very well be determined to be extremely dangerous to life and limb.

Specific Examples Of Ultrahazardous Activities

California Appellate Courts have provided examples of these activities and the handling of items that are deemed extremely dangerous as follows:
• The use of hydrocyanic acid gas in fumigating a commercial structure.
• Test firing of a large rocket
• Oil well drilling causing a natural gas pressure blow out
• The use of explosives near a residential area.
• Electric power lines are considered dangerous instruments.
• Dangerous instruments can also include fire, firearms, ammunition, explosives, and highly flammable, corrosive or noxious fluids.
Adherence To A Specific Standard Of Care Is Required

California Law states that people engaging in hazardous activities are required to use more than “reasonable care” but, rather “extreme caution”. In fact, California Civil Jury Instruction reads:
“People must be extremely careful when they deal with dangerous items or participate in dangerous activities. The risk of harm is so great that the failure to use extreme caution is negligence.”

One example of this is the participation in a sporting event when that participation includes signing a waiver of liability. People frequently sign these without a second thought and they often have no idea what they are voluntarily signing away. The entity asking you to sign one of these contracts is well aware of the inherent risks and that is why they want a release. When something negative happens there is a clear and immediate need to retain an experienced attorney who is familiar with personal injury claims related to dangerous activities. When something goes wrong the injuries can be catastrophic or even fatal. Consulting a lawyer familiar with the California legal process and duties required of institutions charged with the utmost duty of care to use “extreme caution” can make a huge difference in being able to obtain full and complete compensation for medical costs and expenses and for the physical pain and emotional toll these incidents can cause.

If you or a loved one has been injured during participation in a hazardous event please give The Law office of Guenard & Bozarth a call. We have worked with numerous victims of participation in hazardous events and we can help you! Call us at 888-809-1075 or visit us at http://www.gblegal.com We Can Help!

Motorcycle riding season has arrived along with a sobering new statistic from the California Highway Patrol. Nearly 16 percent of all fatal vehicle accidents in California happen to motorcycle riders or their passengers. This statistic is even more shocking when you take into account that rider deaths are actually down for 3 years in a row!
The State says they are doing a better job of promoting rider training and they say that car drivers are being more attentive to the presence of riders. The CHP came out last year with a set of guidelines that affirm that lane splitting is legal within certain parameters. A rider should not be traveling at more than 10 MPH over the prevailing speed and they should never lane split when traffic is moving at 30 MPH or more. The best part is that both the riders and the drivers are listening and the numbers bear that out!
The CHP also says that while many riders are considered to be thrill seekers they may need to evaluate their behavior. Slow downing, not tailgating and staying off their cell phone (hard to imagine riding or driving while using a phone) also contribute to decreased injuries while riding. At the end of the day this is all about keeping people safe.
If you or a loved one has been injured give The Law office of Guenard & Bozarth a call. We have worked with numerous injury victims and we can help you! Call us at 888-809-1075 or visit us at http://www.gblegal.com We Can Help!