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Walkup Law Blog

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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Study: The Most Dangerous Intersections for Pedestrians in San Francisco

On October 4th, David Grinberg was struck and killed by a motorist near Golden Gate Park’s Panhandle at 5:22 p.m. – the third pedestrian death in as many weeks. While San Francisco is said to be one of the most pedestrian-friendly cities in the United States (2nd only to New York City in walkability), the latest string of pedestrian fatalities helps prove that the opposite may be true: The City is one of the most dangerous places in the country for pedestrians. Just how dangerous? From 2010-2016, there were 5,846 pedestrian collisions in San Francisco, leaving 130 dead and over…

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Can Drunk Bicyclist get a DUI?

After a few drinks it might sound like a nice idea to beat the uprising Uber fares and get some fresh air – why not bike home? How dangerous could it be? After all, a bicycle is not motorized. The answer: it can be very dangerous, even illegal in some states. The definition of a DUI or “driving under the influence” charge is as follows: “operating a motor vehicle while one’s blood alcohol content is above the legal limit set by statute, which supposedly is the level at which a person cannot drive safely.” Does biking and drinking count as…

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Injured on a Ferry Boat?

As the chaotic Bay Area traffic and congestion somehow gets worse every year, the numerous ferry options servicing the Bay Area have thrived. According to the Water Emergency Transportation Authority, ridership on the San Francisco Bay ferry has increased by an incredible 72 percent since 2012. Same goes for the Golden Gate ferry, whose ridership has risen by nearly 45 percent since 2005. However, as ferries take on more riders, the chance for unfortunate incidents increases as well. In 2014, a ferry coming from Oakland made headlines as it hit a piling at Pier 41, injuring ten people. Among the…

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Self-Driving Vehicle Regulation – What Does It Mean?

In early September, the House of Representatives passed a bipartisan bill that effectively legitimizes self-driving vehicles for the future to come. Dubbed the SELF DRIVE Act, this bill aims to set a framework for autonomous vehicle regulation at the federal level – the first step in establishing national standards for testing, safety, and regulation. Why is This Important? Currently, regulation of self-driving vehicles on public roads lies solely in the state’s hands – and only 21 states have passed legislation related to autonomous vehicles. Most of these state laws don’t share much in the way of standards, with many of…

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