Blog Posts in December, 2020

• Posted By SCOTT D. HUGHES 21-Dec-2020

  Auto Accidents Caused by Contractors in Construction Zones

  A highway contractor controlling traffic on a public highway owes a duty of care to motorists based on the general duty of care owed by a highway contractor to the public. That general duty is that a highway contractor has “a duty to protect ...

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• Posted By SCOTT D. HUGHES 14-Dec-2020

  Passengers Who Are Injured in Auto Accidents Can Assert Their Own Personal Injury Claims

  In California, a driver owes a duty of care toward pedestrians and persons in other vehicles, as well as toward any passengers in his or her vehicle. In order for the driver to be found liable for negligence if there is an auto accident caused by the ...

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• Posted By SCOTT D. HUGHES 7-Dec-2020

  Officer's Placing of Knee in Back of Arrestee Who is Lying Down Could Be Excessive Force

  In a police abuse or excessive force complaint under 42 U.S.C. § 1983 against an officer, a knee on the back may constitute a meaningful personal intrusion when it causes injury. In assessing the governmental interest in use of force, the court ...

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• Posted By SCOTT D. HUGHES 1-Dec-2020

  California Medical Malpractice Attorney-Client Checklist

  Obtain your medical records from your medical providers using an appropriate release form. If submitted by an attorney, the form must comply with California Civil Code, § 56.11. Determine who the potential defendant doctors and entities are: ...

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