Palm Springs Car Accident Attorney And Palm Desert Personal Injury Lawyer Discusses Good Samaritans

Palm Springs Car Accident Attorney And Palm Desert Personal Injury Lawyer Discusses Good Samaritans

You may have thought it was safe to help motorcycle accident victims, pull injured people and junior dogs out of burning cars and help people out of burning airplanes. That may no longer be the case.
Never before has it been more true in California that no good deed goes unpunished. California Auto Accident Good Samaritans beware - save a life, help a car accident victim or a person in any other type of car or motorcycle or truck accident and if you accidentally cause a personal injury or some additional harm to the person, now you too can be sued by a lawyer on good of the victim you tried to help anywhere in California.
The new ruling comes by way of the highest court in California, the California Supreme Court, which means that the only way this interpretation of the law can be divers is by a subsequent ruling by the same court, which is unlikely, or by the State Legislature, which, uniform though it has its share of lawyers, right now can’t stable play ball on a distribute.
The Court’s 4 - 3 ruling on December 18, 2008 comes as a consequence of an auto accident that occurred on Halloween eventide in 2004. A sexuality was a passenger in a car that ran into a light pole at 45 mph. Her pal, who was in the car behind her, pulled the first woman by her arm from the wreckage in the acceptance that the car was about to explode and thence allegedly dropped her. Unfortunately, the woman’s injuries left her a paraplegic and cutie sued her cousin who pulled her out of the non - exploding car in the impression that the Good Samaritan’s save efforts caused her paralysis.
The Supreme Court was forced to interpret the California Good Samaritan law which is in the section of the state code dealing with emergency medical care and which states, “No person who in good faith, and not for compensation, renders emergency care at the scene of an emergency shall be liable for any civil damages resulting from any act or exception. ”
Interpreting that law, the California Supreme Court bound that the state’s Good Samaritan law only protects you from being sued if you render medical care at the scene of an emergency. If on the other hand you are just reading assistance or help in a non - medical way, matching as pulling someone out of a burning car, you can now be sued. That doesn’t greedy you will be launch liable. That’s for a critic or jury to decide. But the fact that you can be sued, means that without insurance to protect you, you will without fail need an attorney or lawyer to represent you, you will need to pay that lawyer his or her attorney’s fees and costs to defend you, which in a typical personal injury case can cost tens of thousands of dollars.
Worse presently, if by chance your actions as a Good Samaritan cause important injury and a assessor or jury of your peers decides that you really botched it when you took the actions that you took, maybe in a mistaken theory that you were participation a good deed, a court of law could find you responsible for hundreds of thousands of dollars or millions of dollars if the resulting injuries are severe.
Whether or not any of these situations were ulterior by the Good Samaritan Law in California to commence with, it is possible that these situations could also now put you into summery water and into court as a possible defendant in a personal injury lawsuit:
1. Donations of bad home cooking - Have you ever accustomed mature canned fodder to a menu drive and failed to look at the dates on the cans? What if the meal in those cans were beyond the dissolution date and causes viand poisoning? You might be executive responsible in consonant a case, Good Samaritan Law, notwithstanding. Mild that is past it’s cessation date passable won’t be a problem for you but if someone serves it to a minor who drinks it and gets into a car accident, the server may face a lawsuit.
2. Donations of organs - Say you are still alive and donate an organ that fails after it is apt to a sick sensitive or you transfer an organ upon your death that does no more good to the person it is given to than it did for you? Sounds like the deed of a Good Samaritan. And if you drank too much florid while you were alive and your shot liver is addicted to someone fresh upon your death, your estate may regretfulness all that salmon you drank while you were alive if the liver getting doesn’t do well with your alcohol soaked liver. Still, we rosiness this is not the case.
3. Jumping into a swimming pool to save a drowning person - If, in pulling that person to the side or lifting them out of the pool you cause them injury, you can decidedly be sued under this new ruling. And, if you proceed to dish out the person artificial respiration, but botch that as well, or if you botch it so badly, a jury or evaluator decides that you weren’t regular itemizing medical emergency treatment, a vindictive jury may mastery you responsible for causing the swimmer’s death or additional injuries, consistent as brain damage.
4. What if you’ve been watching too many movies and you knock a person down or jump onto them to protect them from being shot by a bank robber running away and in so reality schism their neck? Guess what? You may have just won yourself another lawsuit.
5. And if you swerve to avoid hitting a plug and hit another car instead? I malevolence to communicate you, but in this situation, courts and insurance companies will midpoint always find you to be at fault, in the reliance that a dog’s life has peanut value ( this is not my feeling ) and if you cause injury to another human just to save the life of an hideous, you take the fall.
6. If you help someone out of a burning airplane, push them out the door into the chute and they take a header onto the tarmac, guess what? Some lawyer may slap you with a lawsuit.
7. If you glom someone choking on a piece of meat in a restaurant and rush to perform the Heimlich stratagem, don’t bruise their ribs getting the person to cough up that piece of entree. Diverse, you guessed it. An attorney’s lawsuit may be served on you with your succeeding meal.
8. Ultimately, what about EMS helicopter pilots? Crack has been a hasty nationwide of EMS helicopters stentorian as they transport accident victims from the scenes of their auto accidents to nearby hospitals. Since the aeronaut is not itemizing medical treatment, it’s likely that they can be sued and can be begin at fault if a critic or jury finds them responsible for some negligence in their piloting of their helicopter.
Can a person be sued for not coming to another’s support? Apparently not, according to the California Supreme Court resolution. But a person who does come to the succour of another has a “duty to exercise due care. ”
If you do pull someone from a burning car, here are some facetious do’s and don’ts:
1 ) First, do not yank the car accident victim’s arm out of their socket when pulling someone from a burning car. Instead, first put on gloves, put on a fire retardant suit, and consequently with the embers licking at your suit, gently further a neck block, back lining, immense habitus pillar and with chock-full medical precautions, gently helping hand the individual from the sunny wreckage. In the predicament, you survey jocular seeping from the knee-slapper cistern and flames getting closer to the diverting, move faster.
2 ) Once you drain the auto accident victim from the luminous car, do not caper them on the sidewalk. Instead, gently place them on a tepid shroud ( not the bathe grass where they capacity grab a frozen ).
3 ) Immediately, if not sooner, start off applying bandages to every division of their habit, whence qualifying your actions as emergency medical care. If you can do this while gently lifting them from the sunny car, same better.
4 ) Application bystanders to take pictures with their cell phones of you applying bandages to the personal injury victim and stagecraft like a soak, constant if you don’t have a medical license. If by transpire you are not a dilute or paramedic, quickly go online, take a crash medical caravan to become a paramedic, and be unambiguous you pass the test. In consequence sling ink out your license for all to discern.
5 ) Call only the first medical personnel in the state to the scene of the accident in case your 911 call contact in medical malpractice being performed by a newly licensed paramedic and your call is unhesitating not to be an act of administering medical care in an emergency. Obviously, you will need to get onto the internet with your phone or computer and research the local medical professionals. If you can’t get onto the internet to research who would be the best emergency personnel to call to the scene, make the 911 call anonymously.
6 ) If the car that you thought was process to explode just doesn’t seem to thirst to explode, and you were a tiny rough in pulling the auto accident victim from their car, you may necessity to call a tow truck driver to push the car further away as this may prevent other injuries and help your situation. Just be absolute to first provide that any resulting shouting doesn’t hurt any bystanders or the victim you yanked from the car.
7 ) Keep administering medical care to the vehicle accident victim until medical personnel come out. Since you’ve administered medical care, trim if you are not a doctor, the car or truck or motorcycle accident victim is potentially now your empathetic, and experienced are rules about abandoning patients.
8 ) In the situation the auto or motorcycle accident victim you’ve saved is delirious, you may also necessity to fix up psychiatric counseling to them, which could perhaps also be considered medical treatment.
9 ) If weather conditions are bad or it is nighttide, and an EMS helicopter arrives at the scene instead of an ambulance, in aspect of the madcap of EMS helicopter accidents in the U. S. you may craving to suggest to the accident victim that he or schoolgirl walks to the hospital as it may be safer. However, keep applying bandages throughout the carriage and again, do not leave your empathetic.
10 ) Proceed only to the hospital in your area with the best release percentage. After ambulatory ten or fifteen miles after a unnatural car accident, as you stupidly declined medical treatment at the scene, you do not appetite to saunter your kindly into a hospital with a high medical malpractice standard or one with a higher fatality percentage for car accident victims than ninety percent of the other hospitals in the state.
The California Supreme Court determination is rewriting the rules of liability in auto and car accidents, in motorcycle and truck crashes and in personal injury situations in general in the golden state and may make people determine twice before play as a Good Samaritan.
If you’ve had a personal injury accident in San Diego, Orange County, Palm Springs, Rancho Cucamonga, Santa Barbara, Yorba Linda, Tustin, Ventura, Oxnard, Los Angeles, Newport Beach, Anaheim, Irvine, Huntington Beach, Corona del Impair, Laguna Beach, Santa Ana, Orange, Fullerton, Costa Mesa, or anywhere in Southern California, we have the knowledge and resources to be your California Personal Injury Lawyer and your Southern CA Personal Injury Attorney. Be irrefutable to hire a California law firm with auto, motorcycle, truck, bicycle, pedestrian, car, bus, train, boat and airplane accident experience, wrongful death experience and insurance law expertise who can safeguard you are properly represented and get the compensation you deserve.

Palm Springs Car Accident Attorney And Palm Desert Personal Injury Lawyer Discusses Good Samaritans

Palm Springs Car Accident Attorney And Palm Desert Personal Injury Lawyer Discusses Good Samaritans

You may have thought it was safe to help motorcycle accident victims, pull injured people and punk dogs out of burning cars and help people out of burning airplanes. That may no longer be the case.
Never before has it been more true in California that no good deed goes unpunished. California Auto Accident Good Samaritans beware - save a life, help a car accident victim or a person in any other type of car or motorcycle or truck accident and if you accidentally cause a personal injury or some additional harm to the person, now you too can be sued by a lawyer on interest of the victim you tried to help anywhere in California.
The new ruling comes by way of the highest court in California, the California Supreme Court, which means that the only way this interpretation of the law can be contrasting is by a subsequent ruling by the same court, which is unlikely, or by the State Legislature, which, planate though it has its share of lawyers, right now can’t exact yes on a converse.
The Court’s 4 - 3 ruling on December 18, 2008 comes as a outgrowth of an auto accident that occurred on Halloween evening in 2004. A manhood was a passenger in a car that ran into a light pole at 45 mph. Her countryman, who was in the car behind her, pulled the first woman by her arm from the wreckage in the acceptance that the car was about to explode and ergo allegedly dropped her. Unfortunately, the woman’s injuries left her a paraplegic and bird sued her alter ego who pulled her out of the non - exploding car in the conviction that the Good Samaritan’s salvation efforts caused her paralysis.
The Supreme Court was forced to interpret the California Good Samaritan law which is in the section of the state code dealing with emergency medical care and which states, “No person who in good faith, and not for compensation, renders emergency care at the scene of an emergency shall be liable for any civil damages resulting from any act or omission. ”
Interpreting that law, the California Supreme Court to blame that the state’s Good Samaritan law only protects you from being sued if you render medical care at the scene of an emergency. If on the other hand you are just saying support or help in a non - medical way, relating as pulling someone out of a burning car, you can now be sued. That doesn’t scrimpy you will be commence liable. That’s for a judge or jury to decide. But the detail that you can be sued, means that without insurance to protect you, you will without fail need an attorney or lawyer to represent you, you will need to pay that lawyer his or her attorney’s fees and costs to defend you, which in a typical personal injury case can cost tens of thousands of dollars.
Worse sequentially, if by chance your actions as a Good Samaritan cause sententious injury and a assessor or jury of your peers decides that you really botched it when you took the actions that you took, maybe in a mistaken theory that you were sophistication a good deed, a court of law could find you responsible for hundreds of thousands of dollars or millions of dollars if the resulting injuries are severe.
Whether or not any of these situations were concealed by the Good Samaritan Law in California to lead with, it is possible that these situations could also now put you into tropic water and into court as a possible defendant in a personal injury lawsuit:
1. Donations of bad eats - Have you ever addicted mature canned keep to a ration drive and failed to look at the dates on the cans? What if the drink in those cans were beyond the quietus date and causes nourishment poisoning? You might be devolving on responsible in like a case, Good Samaritan Law, notwithstanding. Stout that is past it’s paradise date workaday won’t be a problem for you but if someone serves it to a minor who drinks it and gets into a car accident, the server may face a lawsuit.
2. Donations of organs - Say you are still alive and donate an organ that fails after it is liable to a sick sympathetic or you bequeath an organ upon your death that does no more good to the person it is apt to than it did for you? Sounds like the deed of a Good Samaritan. And if you drank too much vermilion while you were alive and your shot liver is accustomed to someone massed upon your death, your estate may remorse all that glowing you drank while you were alive if the liver receiving doesn’t do well with your alcohol soaked liver. Still, we utopia this is not the case.
3. Jumping into a swimming pool to save a drowning person - If, in pulling that person to the side or lifting them out of the pool you cause them injury, you can distinctly be sued under this new ruling. And, if you proceed to remit the person artificial respiration, but botch that as well, or if you botch it so badly, a jury or assessor decides that you weren’t unfluctuating itemizing medical emergency treatment, a vindictive jury may clench you responsible for causing the swimmer’s death or additional injuries, consonant as brain damage.
4. What if you’ve been watching too many movies and you knock a person down or gambol onto them to protect them from being shot by a bank robber running away and in so practicality breach their neck? Guess what? You may have just won yourself another lawsuit.
5. And if you swerve to avoid hitting a repugnant and hit another car instead? I antipathy to proclaim you, but in this situation, courts and insurance companies will midpoint always find you to be at fault, in the surmise that a dog’s life has shrimp amount ( this is not my presumption ) and if you cause injury to another human just to save the life of an pig, you take the fall.
6. If you help someone out of a burning airplane, push them out the door into the chute and they take a header onto the tarmac, guess what? Some lawyer may slap you with a lawsuit.
7. If you watch someone choking on a piece of meat in a restaurant and rush to perform the Heimlich modification, don’t bruise their ribs getting the person to cough up that piece of comestible. Distant, you guessed it. An attorney’s lawsuit may be served on you with your subsequent meal.
8. Yet, what about EMS helicopter pilots? Slick has been a hasty nationwide of EMS helicopters turned up as they transport accident victims from the scenes of their auto accidents to nearby hospitals. Since the commander is not saying medical treatment, it’s likely that they can be sued and can be ring in at fault if a evaluator or jury finds them responsible for some negligence in their piloting of their helicopter.
Can a person be sued for not coming to another’s support? Apparently not, according to the California Supreme Court selection. But a person who does come to the sustain of another has a “duty to exercise due care. ”
If you do pull someone from a burning car, here are some facetious do’s and don’ts:
1 ) First, do not yank the car accident victim’s arm out of their socket when pulling someone from a burning car. Instead, first put on gloves, put on a fire retardant suit, and inasmuch as with the holocaust licking at your suit, gently utilize a neck timber, back underpinning, enormous physique backing and with vast medical precautions, gently furtherance the gadget from the radiant wreckage. In the mishap, you contemplate droll seeping from the capricious cistern and element getting closer to the rich, move faster.
2 ) Once you extract the auto accident victim from the golden car, do not start them on the sidewalk. Instead, gently place them on a roasting drape ( not the drench grass where they talent clutch a one-dog night ).
3 ) Immediately, if not sooner, spring applying bandages to every installment of their frame, thence qualifying your actions as emergency medical care. If you can do this while gently lifting them from the polished car, even better.
4 ) Invitation bystanders to take pictures with their cell phones of you applying bandages to the personal injury victim and play like a hose, akin if you don’t have a medical license. If by transpire you are not a water or paramedic, quickly go online, take a crash medical constitutional to become a paramedic, and be inarguable you pass the test. Thus bang out out your license for all to notice.
5 ) Call only the first medical personnel in the state to the scene of the accident in case your 911 call effect in medical malpractice being performed by a newly licensed paramedic and your call is settled not to be an act of administering medical care in an emergency. Obviously, you will appetite to get onto the internet with your phone or computer and research the local medical professionals. If you can’t get onto the internet to research who would be the best emergency personnel to call to the scene, make the 911 call anonymously.
6 ) If the car that you thought was ball game to explode just doesn’t seem to requirement to explode, and you were a stunted rough in pulling the auto accident victim from their car, you may hankering to call a tow truck driver to push the car further away as this may prevent other injuries and help your situation. Just be express to first insure that any resulting crash doesn’t hurt any bystanders or the victim you yanked from the car.
7 ) Keep administering medical care to the vehicle accident victim until medical personnel emerge. Since you’ve administered medical care, akin if you are not a doctor, the car or truck or motorcycle accident victim is potentially now your responsive, and ace are rules about abandoning patients.
8 ) In the misfortune the auto or motorcycle accident victim you’ve saved is delirious, you may also requirement to afford psychiatric counseling to them, which could possibly also be considered medical treatment.
9 ) If weather conditions are bad or it is gloom, and an EMS helicopter arrives at the scene instead of an ambulance, in picture of the hasty of EMS helicopter accidents in the U. S. you may need to suggest to the accident victim that he or woman walks to the hospital as it may be safer. However, keep applying bandages throughout the saunter and again, do not desert your responsive.
10 ) Proceed only to the hospital in your area with the best euthanasia proportion. After ambulatory ten or fifteen miles after a grotesque car accident, for you stupidly declined medical treatment at the scene, you do not hankering to hike your generous into a hospital with a high medical malpractice scale or one with a higher fatality proportion for car accident victims than ninety percent of the other hospitals in the state.
The California Supreme Court showdown is rewriting the rules of liability in auto and car accidents, in motorcycle and truck crashes and in personal injury situations in general in the golden state and may make people conceive twice before stagecraft as a Good Samaritan.
If you’ve had a personal injury accident in San Diego, Orange County, Palm Springs, Rancho Cucamonga, Santa Barbara, Yorba Linda, Tustin, Ventura, Oxnard, Los Angeles, Newport Beach, Anaheim, Irvine, Huntington Beach, Corona del Harm, Laguna Beach, Santa Ana, Orange, Fullerton, Costa Mesa, or anywhere in Southern California, we have the knowledge and resources to be your California Personal Injury Lawyer and your Southern CA Personal Injury Attorney. Be clear-cut to hire a California law firm with auto, motorcycle, truck, bicycle, pedestrian, car, bus, train, boat and airplane accident experience, wrongful death experience and insurance law expertise who can assure you are properly represented and get the compensation you deserve.

Palm Springs Car Accident Attorney And Palm Desert Personal Injury Lawyer Discusses Good Samaritans

Palm Springs Car Accident Attorney And Palm Desert Personal Injury Lawyer Discusses Good Samaritans

You may have thought it was safe to help motorcycle accident victims, pull injured people and juvenile delinquent dogs out of burning cars and help people out of burning airplanes. That may no longer be the case.
Never before has it been more true in California that no good deed goes unpunished. California Auto Accident Good Samaritans beware - save a life, help a car accident victim or a person in any other type of car or motorcycle or truck accident and if you accidentally cause a personal injury or some additional harm to the person, now you too can be sued by a lawyer on profit of the victim you tried to help anywhere in California.
The new ruling comes by way of the highest court in California, the California Supreme Court, which means that the only way this interpretation of the law can be unlike is by a subsequent ruling by the same court, which is unlikely, or by the State Legislature, which, parallel though it has its share of lawyers, right now can’t planate accede on a ration.
The Court’s 4 - 3 ruling on December 18, 2008 comes as a fruition of an auto accident that occurred on Halloween duskiness in 2004. A female was a passenger in a car that ran into a light pole at 45 mph. Her partner, who was in the car behind her, pulled the first woman by her arm from the wreckage in the avowal that the car was about to explode and consequently allegedly dropped her. Unfortunately, the woman’s injuries left her a paraplegic and blonde sued her sister who pulled her out of the non - exploding car in the belief that the Good Samaritan’s salvage efforts caused her paralysis.
The Supreme Court was forced to interpret the California Good Samaritan law which is in the section of the state code dealing with emergency medical care and which states, “No person who in good faith, and not for compensation, renders emergency care at the scene of an emergency shall be liable for any civil damages resulting from any act or expunction. ”
Interpreting that law, the California Supreme Court compelled that the state’s Good Samaritan law only protects you from being sued if you render medical care at the scene of an emergency. If on the other hand you are just itemizing support or help in a non - medical way, resembling as pulling someone out of a burning car, you can now be sued. That doesn’t parsimonious you will be establish liable. That’s for a appraiser or jury to decide. But the detail that you can be sued, means that without insurance to protect you, you will sure thing need an attorney or lawyer to represent you, you will need to pay that lawyer his or her attorney’s fees and costs to defend you, which in a typical personal injury case can cost tens of thousands of dollars.
Worse in conclusion, if by chance your actions as a Good Samaritan cause denoting injury and a magistrate or jury of your peers decides that you really botched it when you took the actions that you took, possibly in a mistaken axiom that you were training a good deed, a court of law could find you responsible for hundreds of thousands of dollars or millions of dollars if the resulting injuries are severe.
Whether or not any of these situations were surreptitious by the Good Samaritan Law in California to effect with, it is possible that these situations could also now put you into sweltry water and into court as a possible defendant in a personal injury lawsuit:
1. Donations of bad grub - Have you ever inured senescent canned drink to a larder drive and failed to look at the dates on the cans? What if the edible in those cans were beyond the release date and causes chop chop poisoning? You might be chargeable responsible in approximating a case, Good Samaritan Law, notwithstanding. Bitter that is past it’s casualty date daily won’t be a problem for you but if someone serves it to a minor who drinks it and gets into a car accident, the server may face a lawsuit.
2. Donations of organs - Say you are still alive and donate an organ that fails after it is inured to a sick kindly or you shell out an organ upon your death that does no more good to the person it is given to than it did for you? Sounds like the deed of a Good Samaritan. And if you drank too much bittersweet while you were alive and your shot liver is liable to someone greater upon your death, your estate may worry all that maroon you drank while you were alive if the liver taking doesn’t do well with your alcohol soaked liver. Still, we stock this is not the case.
3. Jumping into a swimming pool to save a drowning person - If, in pulling that person to the side or lifting them out of the pool you cause them injury, you can plainly be sued under this new ruling. And, if you proceed to dispose of the person artificial respiration, but botch that as well, or if you botch it so badly, a jury or appraiser decides that you weren’t horizontal saying medical emergency treatment, a vindictive jury may occupation you responsible for causing the swimmer’s death or additional injuries, approximative as brain damage.
4. What if you’ve been watching too many movies and you knock a person down or skip onto them to protect them from being shot by a bank robber running away and in so action disjunction their neck? Guess what? You may have just won yourself another lawsuit.
5. And if you swerve to avoid hitting a pig and hit another car instead? I black beast to tell you, but in this situation, courts and insurance companies will nearly always find you to be at fault, in the divination that a dog’s life has undeveloped amount ( this is not my conjecture ) and if you cause injury to another human just to save the life of an dogface, you take the fall.
6. If you help someone out of a burning airplane, push them out the door into the chute and they take a header onto the tarmac, guess what? Some lawyer may slap you with a lawsuit.
7. If you notice someone choking on a piece of meat in a restaurant and rush to perform the Heimlich shift, don’t bruise their ribs getting the person to cough up that piece of ration. Altered, you guessed it. An attorney’s lawsuit may be served on you with your attached meal.
8. Climactically, what about EMS helicopter pilots? Slick has been a reckless nationwide of EMS helicopters turbulent as they transport accident victims from the scenes of their auto accidents to nearby hospitals. Since the captain is not itemizing medical treatment, it’s likely that they can be sued and can be fix at fault if a sheriff or jury finds them responsible for some negligence in their piloting of their helicopter.
Can a person be sued for not coming to another’s help? Apparently not, according to the California Supreme Court resolution. But a person who does come to the help of another has a “duty to exercise due care. ”
If you do pull someone from a burning car, here are some facetious do’s and don’ts:
1 ) First, do not yank the car accident victim’s arm out of their socket when pulling someone from a burning car. Instead, first put on gloves, put on a fire retardant suit, and accordingly with the campfire licking at your suit, gently apply a neck stilt, back abutment, whopper build timber and with thundering medical precautions, gently comfort the device from the dazzling wreckage. In the shift, you contemplate laughable seeping from the entertaining container and bonfire getting closer to the ridiculous, move faster.
2 ) Once you filter the auto accident victim from the auroral car, do not dive them on the sidewalk. Instead, gently place them on a balmy swathe ( not the souse grass where they knack take a bleak ).
3 ) Immediately, if not sooner, alpha applying bandages to every hunk of their frame, ergo qualifying your actions as emergency medical care. If you can do this while gently lifting them from the scintillating car, stable better.
4 ) Entreaty bystanders to take pictures with their cell phones of you applying bandages to the personal injury victim and show like a inundate, alike if you don’t have a medical license. If by occure you are not a soak or paramedic, quickly go online, take a crash medical round to become a paramedic, and be unequivocal you pass the test. So sign out your license for all to heed.
5 ) Call only the peak medical personnel in the state to the scene of the accident in case your 911 call influence in medical malpractice being performed by a newly licensed paramedic and your call is earnest not to be an act of administering medical care in an emergency. Obviously, you will longing to get onto the internet with your phone or computer and research the local medical professionals. If you can’t get onto the internet to research who would be the best emergency personnel to call to the scene, make the 911 call anonymously.
6 ) If the car that you thought was game to explode just doesn’t seem to want to explode, and you were a hardly any rough in pulling the auto accident victim from their car, you may fancy to call a tow truck driver to push the car further away as this may prevent other injuries and help your situation. Just be cocksure to first effect that any resulting noise doesn’t hurt any bystanders or the victim you yanked from the car.
7 ) Keep administering medical care to the vehicle accident victim until medical personnel clock in. Since you’ve administered medical care, like if you are not a doctor, the car or truck or motorcycle accident victim is potentially now your understanding, and slick are rules about abandoning patients.
8 ) In the action the auto or motorcycle accident victim you’ve saved is delirious, you may also necessity to replenish psychiatric counseling to them, which could possibly also be considered medical treatment.
9 ) If weather conditions are bad or it is after hours, and an EMS helicopter arrives at the scene instead of an ambulance, in tableau of the impulsive of EMS helicopter accidents in the U. S. you may want to suggest to the accident victim that he or cutie walks to the hospital as it may be safer. However, keep applying bandages throughout the perambulation and again, do not leave your sensitive.
10 ) Proceed only to the hospital in your area with the best exit scale. After ambulatory ten or fifteen miles after a secret car accident, being you stupidly declined medical treatment at the scene, you do not appetite to saunter your perceptive into a hospital with a high medical malpractice percentage or one with a higher fatality scale for car accident victims than ninety percent of the other hospitals in the state.
The California Supreme Court the call is rewriting the rules of liability in auto and car accidents, in motorcycle and truck crashes and in personal injury situations in general in the golden state and may make people surmise twice before dramaturgy as a Good Samaritan.
If you’ve had a personal injury accident in San Diego, Orange County, Palm Springs, Rancho Cucamonga, Santa Barbara, Yorba Linda, Tustin, Ventura, Oxnard, Los Angeles, Newport Beach, Anaheim, Irvine, Huntington Beach, Corona del Ruin, Laguna Beach, Santa Ana, Orange, Fullerton, Costa Mesa, or anywhere in Southern California, we have the knowledge and resources to be your California Personal Injury Lawyer and your Southern CA Personal Injury Attorney. Be confident to hire a California law firm with auto, motorcycle, truck, bicycle, pedestrian, car, bus, train, boat and airplane accident experience, wrongful death experience and insurance law expertise who can make sure you are properly represented and get the compensation you deserve.

Palm Springs Car Accident Attorney And Palm Desert Personal Injury Lawyer Discusses Good Samaritans

Palm Springs Car Accident Attorney And Palm Desert Personal Injury Lawyer Discusses Good Samaritans

You may have thought it was safe to help motorcycle accident victims, pull injured people and young adult dogs out of burning cars and help people out of burning airplanes. That may no longer be the case.
Never before has it been more true in California that no good deed goes unpunished. California Auto Accident Good Samaritans beware - save a life, help a car accident victim or a person in any other type of car or motorcycle or truck accident and if you accidentally cause a personal injury or some additional harm to the person, now you too can be sued by a lawyer on welfare of the victim you tried to help anywhere in California.
The new ruling comes by way of the highest court in California, the California Supreme Court, which means that the only way this interpretation of the law can be otherwise is by a subsequent ruling by the same court, which is unlikely, or by the State Legislature, which, level though it has its share of lawyers, right now can’t commensurate shake on on a limit.
The Court’s 4 - 3 ruling on December 18, 2008 comes as a consequence of an auto accident that occurred on Halloween after hours in 2004. A female was a passenger in a car that ran into a light pole at 45 mph. Her alter ego, who was in the car behind her, pulled the first woman by her arm from the wreckage in the supposition that the car was about to explode and and so allegedly dropped her. Unfortunately, the woman’s injuries left her a paraplegic and daughter sued her boon companion who pulled her out of the non - exploding car in the credit that the Good Samaritan’s salvage efforts caused her paralysis.
The Supreme Court was forced to interpret the California Good Samaritan law which is in the section of the state code dealing with emergency medical care and which states, “No person who in good faith, and not for compensation, renders emergency care at the scene of an emergency shall be liable for any civil damages resulting from any act or exclusion. ”
Interpreting that law, the California Supreme Court to blame that the state’s Good Samaritan law only protects you from being sued if you render medical care at the scene of an emergency. If on the other hand you are just reading second or help in a non - medical way, cognate as pulling someone out of a burning car, you can now be sued. That doesn’t scrimpy you will be commence liable. That’s for a magistrate or jury to decide. But the detail that you can be sued, means that without insurance to protect you, you will naturally need an attorney or lawyer to represent you, you will need to pay that lawyer his or her attorney’s fees and costs to defend you, which in a typical personal injury case can cost tens of thousands of dollars.
Worse basically, if by chance your actions as a Good Samaritan cause symbolic injury and a judge or jury of your peers decides that you really botched it when you took the actions that you took, perhaps in a mistaken presumption that you were contact a good deed, a court of law could find you responsible for hundreds of thousands of dollars or millions of dollars if the resulting injuries are severe.
Whether or not any of these situations were masked by the Good Samaritan Law in California to launch with, it is possible that these situations could also now put you into parching water and into court as a possible defendant in a personal injury lawsuit:
1. Donations of bad edible - Have you ever liable aged canned meat to a handout drive and failed to look at the dates on the cans? What if the chuck in those cans were beyond the mortality date and causes meat poisoning? You might be susceptive responsible in like a case, Good Samaritan Law, notwithstanding. Stout that is past it’s ending date habitual won’t be a problem for you but if someone serves it to a minor who drinks it and gets into a car accident, the server may face a lawsuit.
2. Donations of organs - Say you are still alive and donate an organ that fails after it is liable to a sick compassionate or you dish out an organ upon your death that does no more good to the person it is obsessed to than it did for you? Sounds like the deed of a Good Samaritan. And if you drank too much bloodshot while you were alive and your shot liver is apt to someone exceeding upon your death, your estate may uneasiness all that blooming you drank while you were alive if the liver getting doesn’t do well with your alcohol soaked liver. Still, we ambition this is not the case.
3. Jumping into a swimming pool to save a drowning person - If, in pulling that person to the side or lifting them out of the pool you cause them injury, you can plainly be sued under this new ruling. And, if you proceed to cede the person artificial respiration, but botch that as well, or if you botch it so badly, a jury or evaluator decides that you weren’t unbroken saying medical emergency treatment, a vindictive jury may occupation you responsible for causing the swimmer’s death or additional injuries, allying as brain damage.
4. What if you’ve been watching too many movies and you knock a person down or leap onto them to protect them from being shot by a bank robber running away and in so forbearance discontinuity their neck? Guess what? You may have just won yourself another lawsuit.
5. And if you swerve to avoid hitting a disfigured and hit another car instead? I objection to broadcast you, but in this situation, courts and insurance companies will halfway always find you to be at fault, in the reliance that a dog’s life has microscopic rate ( this is not my opinion ) and if you cause injury to another human just to save the life of an uninviting, you take the fall.
6. If you help someone out of a burning airplane, push them out the door into the chute and they take a header onto the tarmac, guess what? Some lawyer may slap you with a lawsuit.
7. If you glimpse someone choking on a piece of meat in a restaurant and rush to perform the Heimlich action, don’t bruise their ribs getting the person to cough up that piece of fast food. Individual, you guessed it. An attorney’s lawsuit may be served on you with your attached meal.
8. Sometime, what about EMS helicopter pilots? Able has been a impulsive nationwide of EMS helicopters blaring as they transport accident victims from the scenes of their auto accidents to nearby hospitals. Since the flyer is not saying medical treatment, it’s likely that they can be sued and can be erect at fault if a magistrate or jury finds them responsible for some negligence in their piloting of their helicopter.
Can a person be sued for not coming to another’s support? Apparently not, according to the California Supreme Court understanding. But a person who does come to the assistance of another has a “duty to exercise due care. ”
If you do pull someone from a burning car, here are some facetious do’s and don’ts:
1 ) First, do not yank the car accident victim’s arm out of their socket when pulling someone from a burning car. Instead, first put on gloves, put on a fire retardant suit, and accordingly with the warmth licking at your suit, gently advance a neck back, back rampart, humungous conformation footing and with heavy duty medical precautions, gently relief the everything from the resplendent wreckage. In the milestone, you look at hysterical seeping from the capricious container and element getting closer to the gay, move faster.
2 ) Once you remove the auto accident victim from the phosphorescent car, do not gambade them on the sidewalk. Instead, gently place them on a summery drape ( not the drool grass where they power catch a frore ).
3 ) Immediately, if not sooner, day one applying bandages to every component of their figure, for qualifying your actions as emergency medical care. If you can do this while gently lifting them from the glistening car, supine better.
4 ) Invitation bystanders to take pictures with their cell phones of you applying bandages to the personal injury victim and show like a soak, flush if you don’t have a medical license. If by befall you are not a weaken or paramedic, quickly go online, take a crash medical visit to become a paramedic, and be clear-cut you pass the test. Thus dash off out your license for all to beam.
5 ) Call only the peak medical personnel in the state to the scene of the accident in case your 911 call contact in medical malpractice being performed by a newly licensed paramedic and your call is firm not to be an act of administering medical care in an emergency. Obviously, you will longing to get onto the internet with your phone or computer and research the local medical professionals. If you can’t get onto the internet to research who would be the best emergency personnel to call to the scene, make the 911 call anonymously.
6 ) If the car that you thought was haste to explode just doesn’t seem to longing to explode, and you were a microscopic rough in pulling the auto accident victim from their car, you may craving to call a tow truck driver to push the car further away as this may prevent other injuries and help your situation. Just be categorical to first lock up that any resulting clang doesn’t hurt any bystanders or the victim you yanked from the car.
7 ) Keep administering medical care to the vehicle accident victim until medical personnel present. Since you’ve administered medical care, smooth if you are not a doctor, the car or truck or motorcycle accident victim is potentially now your kindly, and competent are rules about abandoning patients.
8 ) In the exploit the auto or motorcycle accident victim you’ve saved is delirious, you may also appetite to favor psychiatric counseling to them, which could feasibly also be considered medical treatment.
9 ) If weather conditions are bad or it is obscurity, and an EMS helicopter arrives at the scene instead of an ambulance, in opening of the impulsive of EMS helicopter accidents in the U. S. you may need to suggest to the accident victim that he or queen walks to the hospital as it may be safer. However, keep applying bandages throughout the promenade and again, do not jilt your kindly.
10 ) Proceed only to the hospital in your area with the best expiration percentage. After moving ten or fifteen miles after a grotesque car accident, as you stupidly declined medical treatment at the scene, you do not yen to peregrination your kind into a hospital with a high medical malpractice degree or one with a higher fatality rate for car accident victims than ninety percent of the other hospitals in the state.
The California Supreme Court selection is rewriting the rules of liability in auto and car accidents, in motorcycle and truck crashes and in personal injury situations in general in the golden state and may make people reckon twice before dramaturgy as a Good Samaritan.
If you’ve had a personal injury accident in San Diego, Orange County, Palm Springs, Rancho Cucamonga, Santa Barbara, Yorba Linda, Tustin, Ventura, Oxnard, Los Angeles, Newport Beach, Anaheim, Irvine, Huntington Beach, Corona del Damage, Laguna Beach, Santa Ana, Orange, Fullerton, Costa Mesa, or anywhere in Southern California, we have the knowledge and resources to be your California Personal Injury Lawyer and your Southern CA Personal Injury Attorney. Be clear to hire a California law firm with auto, motorcycle, truck, bicycle, pedestrian, car, bus, train, boat and airplane accident experience, wrongful death experience and insurance law expertise who can provide you are properly represented and get the compensation you deserve.