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Walkup Law Blog

Fatal Self-Driving Car Crash in California – The Questions Remain

On March 23, 2018, 38-year-old, San Mateo man, Walter Huang was killed when his Tesla Model X slammed into a concrete barrier on southbound Highway 101 in Mountain View, California and subsequently caught on fire. According to news reports, Mr. Huang’s Tesla Model X was on Autopilot at the time of the crash. Indeed, at the center of this fatal car accident in San Mateo was Tesla’s Autopilot system. According to records provided by Mr. Huang’s family, the victim had taken his Model X into Tesla because the vehicle had veered towards that very same barrier several times previously. After the collision,…

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Dealing With Insurance After a Crash

Have you recently suffered injuries in a San Francisco car accident? You may be entitled to compensation for any damages that arise from another person’s negligence under California law. However, the degree of your compensation will depend on how you approach the days and weeks following an accident. Since car accident claims payout through insurance companies, knowing how to deal with them following your accident is essential. Follow these steps to successfully navigate your insurance claim following a car crash: Talking to Your Insurance Company Even if another driver is at fault for your injuries, most insurers require that you…

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How to Prove Loss of Wages for Personal Injury When Self-Employed

One of the most serious losses you incur after a catastrophic personal injury is the loss of income due to missed time working. That income goes to pay mortgage or lease payments, utility bills, car payments, and the ordinary expenses of daily life. Proving how much those wages would be when you are employed by another company is usually a simple matter of providing pay stubs and calculating your salary or hourly rate times the amount of time you will miss at work. However, calculating lost income when you are self-employed is far more complicated. It is important to get…

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What Are Subrogation Claims?

Subrogation claims are generally made by your health insurance provider after you receive a settlement or judgment in your personal injury claim. If your health insurance provider paid your medical expenses prior to your settlement, they may be allowed to receive a portion of the settlement you received to cover their expenses paid out for your medical bills. However, there are limits to what they can claim, and you may be able to reduce the amount they take from your settlement. Reading the Fine Print In every health insurance policy there is a subrogation clause. This is true whether you…

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What Is Prop 213?

Prop 213 is a California state law that went into effect on November 6, 1996. This law primarily restricts uninsured drivers from collecting non-economic damages resulting from a car accident, even if the accident was not their fault. This law has been challenged numerous times but has not been overturned at this point. While the law primarily affects those involved in an accident who are uninsured, there are portions that may affect you in other accident claims as well. Our San Francisco car accident lawyers explain the details of Prop 213 below. What Compensation Is Affected by Prop 213? Prop…

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Cases of Police Misconduct in Oakland

The U.S. Constitution and other federal laws give police officers a wide range of what they can do to in the name of justice. The California Police Officers Bill of Rights gives police officers immunity from investigation and prosecution for many actions they take during official duty. The law does not, however, give law enforcement free rein to harass or abuse citizens. Police misconduct, or an officer abusing his/her position of power, has been a topic of great controversy in the last several years, in large part due to the number of police activities now caught on civilian cameras. Looking…

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What Are the Most Common Accidental Injuries?

We’ve all had some accidents in our lives – no matter how cautious you are, bad luck can strike at any time. However, sometimes those accidents can turn into something major, leading to serious injuries or even death. Unintentional injuries may be minor, but they can get serious in the blink of an eye. What are Accidental Injuries? Unintentional injuries are those that aren’t planned, and happened out of chance or bad luck. Unintentional injuries can be as minor as stubbing a toe, or as serious as drowning. Why are Unintentional Injuries Serious? In 2013 alone, there were 130,557 deaths…

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Is Jaywalking a Serious Offense In San Francisco?

On October 4th, Governor Jerry Brown officially signed Assembly Bill 390, which allows pedestrians to use a crosswalk when the countdown symbol is displayed, effective January 1, 2018. Previously, this was actually illegal – if you started walking across the street while the countdown was happening, it was technically jaywalking, and you could have potentially been cited for it. This issue brings up an important question: what exactly counts as jaywalking, and how serious is it as a crime? It’s funny to bring up jaywalking and think of it as illegal, but by jaywalking, you are breaking the law. What…

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What Do I Do If I Was Misdiagnosed?

Medical professionals are some of the most qualified people in our lives. But unfortunately, doctors are only human, and mistakes can happen. Medical errors and misdiagnoses are common, and only increasing in frequency. Researchers from the Baylor College of Medicine and the Houston Veterans Affairs Medical Center estimate that about 12 million Americans are misdiagnosed every year – and a recent study concluded that medical errors are the third most common cause of death in America, accounting for more than 250,000 deaths annually. False diagnoses have the potential to be deadly for patients – and downright devastating for their family…

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Most Common Misdiagnoses Leading to Injury

Nobody’s perfect – even the most qualified doctors can occasionally get things wrong. However, sometimes these medical errors and misdiagnoses can lead to serious problems and complications – even death. Here are some of the most common misdiagnoses that, if not corrected, can lead to serious injury – or worse. Cancer Cancer gets misdiagnosed more often than you think. According to the Journal of Clinical Oncology, it may happen as much as 28 percent of the time, as much as 44 percent for specific types. One of the main reasons this occurs is because seemingly common symptoms or ailments are…

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