Law Office of Michael D. Waks

A Lawyer You Can Trust

No Fee Unless You Win

Call888.394.1174

Available 24/7

Welcome to the Michael Waks Blog

Car Accidents Caused By Medical Emergency: Who Is to Blame?

January 19, 2016 by

Car accidents are usually caused by a driver making a careless or negligent choice.  Sometimes, however, a crash happens because a driver has a medical episode like a heart attack or a seizure. When this occurs, it is imperative to determine if the incident was simply an unavoidable Act of God for which no one was to blame, or if the driver was negligent for  driving despite having a high-risk medical condition. Cases involving car accidents caused by medical emergency can be complicated.  A … [Read more...]

Can a Car Accident Lawyer Use Demand Letters to Settle Claims

January 12, 2016 by

A car accident lawyer helps crash victims obtain full and fair compensation for all their losses.  While attorneys can and do take cases to court on behalf of clients, most car accident claims don't proceed all the way through the litigation process.  Most cases settle outside of court with an insurer paying a negotiated amount to accident victims, and the victims signing a release of liability as a condition of the settlement. Fair Claims Settlement Practices … [Read more...]

Can I Sue for Drug Side Effects?

January 11, 2016 by

Medications, prescription and non-prescription, are supposed to be safe when you use them as directed.  Some medications have potential side effects.  Patients need to be given the opportunity to make an informed choice about whether to use a particular medication and take the risk of experiencing the related side effects.  Unfortunately, sometimes dangerous potential risks of a drug are not disclosed. Victims who endure harm from using a medication can sue for drug side effects provided the … [Read more...]

Does a Car Accident Lawyer Handle Cases Related to Unsecured Cargo?

January 7, 2016 by

Drivers have many obligations on the road.  As the California Driver Handbook makes clear, one of the duties drivers have is to “not drive a vehicle so loaded, either with property or people, that you cannot control it, or see ahead or to the sides of your vehicle.”  Driving with an unsecured load is both a safety hazard and illegal under California Vehicle Code section 24002(a).  These rules about the safe transport of cargo apply to passenger cars.  There are … [Read more...]

What Will an OSHA Inspection Entail?

January 6, 2016 by

The Occupational Safety and Health Administration (OSHA) is charged with making sure employers follow guidelines for protecting employees and creating a safe worksite.  OSHA conducts periodic routine inspections as well as investigations when reportable injuries or fatalities occur on-the-job.  If an employer is found to be in violation of workplace safety rules, OSHA can levy fines and impose other penalties.  Employers can also be put on a Severe Violators list and become subject to more … [Read more...]

What if I Was injured in a Hit-and-Run Accident?

January 5, 2016 by

Drivers involved in collisions in California are expected to stop and exchange insurance and contact information with other involved motorists.  In cases where an injury or death occurs if a driver fails to stop, that driver may face criminal charges for a hit-and-run accident. Victims of a hit-and-run accident can face many challenges in seeking compensation for crash related losses. First and foremost, the accident victim may be unable to find and/or identify the … [Read more...]

Do Trucking Laws Affect Your Personal Injury Case?

December 23, 2015 by

Drivers of commercial trucks are required to follow all state traffic safety laws as well as the federal laws found in the Federal Motor Carrier Safety Regulations.  Federal laws address a wide range of issues from suspension of a driver's license for impaired driving, inspection requirements for trucks to record-keeping requirements for trucking companies. Trucking laws affect your personal injury case in many important ways, so if you have been in a truck crash, it is important to hire a Long … [Read more...]

Premises Liability: An Owner’s Duty to an Invitee and a Licensee

December 21, 2015 by

Property owners whose properties are open to the public, or to guests, have certain duties to people who come onto their land or into their buildings.  The duty of taking care of a property can also extend to a renter or possessor, if they are responsible for taking care of the space.  When an injury occurs on a property, the victim must show there was a dangerous condition, the property owner had a duty to correct or warn about the condition, and the property owner's … [Read more...]

Can Reshaping Los Angeles Roads Reduce Car and Pedestrian Accident Risks?

December 15, 2015 by

Los Angeles has long been an automobile-focused city, but trends may be shifting.  As the LA Times reports, city leaders have endorsed a sweeping policy designed to rework some of the main boulevards to make them more accessible for buses, bicycles and pedestrians.  This, in turn, will leave less room for motor vehicles. The new mobility plan is creating controversy.  Transit advocates and the growing bicyclist and pedestrian community are excited about the changes, but opponents … [Read more...]

Free Report: Are Punitive Damages Awarded for Construction Accidents?

December 14, 2015 by

Under the law in the state of California, workers are not generally permitted to sue their employers for injuries sustained on-the-job.  This includes injuries occurring at construction sites.  Employers can be sued for intentional wrongdoing that falls outside of the workers' compensation framework, but otherwise workers' compensation is the exclusive remedy.  An employee injured on-the-job may obtain workers' compensation benefits without proving negligence--and may obtain benefits even in the … [Read more...]