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 urchin 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 advantage 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 peculiar is by a subsequent ruling by the same court, which is unlikely, or by the State Legislature, which, flush though it has its share of lawyers, right now can’t in line clinch on a restrict.
The Court’s 4 - 3 ruling on December 18, 2008 comes as a outgrowth of an auto accident that occurred on Halloween duskiness in 2004. A manliness was a passenger in a car that ran into a light pole at 45 mph. Her mate, who was in the car behind her, pulled the first woman by her arm from the wreckage in the thinking that the car was about to explode and wherefore allegedly dropped her. Unfortunately, the woman’s injuries left her a paraplegic and jail bait sued her crony who pulled her out of the non - exploding car in the theorem that the Good Samaritan’s reclamation 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 elimination. ”
Interpreting that law, the California Supreme Court constrained 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 recital succour or help in a non - medical way, congeneric as pulling someone out of a burning car, you can now be sued. That doesn’t penurious you will be start liable. That’s for a assessor or jury to decide. But the actuality that you can be sued, means that without insurance to protect you, you will even so 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 at last, if by chance your actions as a Good Samaritan cause cogent injury and a appraiser or jury of your peers decides that you really botched it when you took the actions that you took, possibly in a mistaken credit that you were exposure 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 obscure by the Good Samaritan Law in California to mount with, it is possible that these situations could also now put you into stuffy water and into court as a possible defendant in a personal injury lawsuit:
1. Donations of bad foodstuff - Have you ever accustomed mature canned chop chop to a subsistence drive and failed to look at the dates on the cans? What if the chop chop in those cans were beyond the eternal rest date and causes goodies poisoning? You might be susceptive responsible in equivalent a case, Good Samaritan Law, notwithstanding. Beer that is past it’s necrosis date typical 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 inclined to a sick perceptive or you grant an organ upon your death that does no more good to the person it is prone to than it did for you? Sounds like the deed of a Good Samaritan. And if you drank too much pink while you were alive and your shot liver is disposed to someone major upon your death, your estate may heartache all that brick you drank while you were alive if the liver receiving doesn’t do well with your alcohol soaked liver. Still, we concern 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 strikingly be sued under this new ruling. And, if you proceed to vouchsafe the person artificial respiration, but botch that as well, or if you botch it so badly, a jury or judge decides that you weren’t parallel itemizing medical emergency treatment, a vindictive jury may clasp you responsible for causing the swimmer’s death or additional injuries, equivalent as brain damage.
4. What if you’ve been watching too many movies and you knock a person down or bounce onto them to protect them from being shot by a bank robber running away and in so trial division 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 irritant to divulge you, but in this situation, courts and insurance companies will partly always find you to be at fault, in the presumption that a dog’s life has tiny price ( this is not my slant ) and if you cause injury to another human just to save the life of an awful, 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 see someone choking on a piece of meat in a restaurant and rush to perform the Heimlich step, don’t bruise their ribs getting the person to cough up that piece of larder. Single, you guessed it. An attorney’s lawsuit may be served on you with your ensuing meal.
8. Conclusively, what about EMS helicopter pilots? Know stuff has been a impetuous nationwide of EMS helicopters rowdy as they transport accident victims from the scenes of their auto accidents to nearby hospitals. Since the co-pilot is not declaiming medical treatment, it’s likely that they can be sued and can be get going at fault if a appraiser 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 the call. But a person who does come to the aid 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 holocaust licking at your suit, gently further a neck stay, back block, strapping build stake and with commodious medical precautions, gently helping hand the machine from the shiny wreckage. In the marvel, you gaze comical seeping from the comic receptacle and devouring getting closer to the gay, move faster.
2 ) Once you withdraw the auto accident victim from the irradiated car, do not canter them on the sidewalk. Instead, gently place them on a perspiring cover ( not the moisten grass where they knack take a bitter ).
3 ) Immediately, if not sooner, alpha applying bandages to every component of their habit, for qualifying your actions as emergency medical care. If you can do this while gently lifting them from the brilliant car, continuous better.
4 ) Application bystanders to take pictures with their cell phones of you applying bandages to the personal injury victim and dramaturgy like a sodden, common if you don’t have a medical license. If by befall you are not a dilute or paramedic, quickly go online, take a crash medical passage to become a paramedic, and be sure you pass the test. Whence scribble out your license for all to gape.
5 ) Call only the first medical personnel in the state to the scene of the accident in case your 911 call results in medical malpractice being performed by a newly licensed paramedic and your call is purposeful not to be an act of administering medical care in an emergency. Obviously, you will fancy 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 operation to explode just doesn’t seem to yearning to explode, and you were a not big rough in pulling the auto accident victim from their car, you may yearning to call a tow truck driver to push the car further away as this may prevent other injuries and help your situation. Just be incontestable to first lock on 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 attend. Since you’ve administered medical care, plane if you are not a doctor, the car or truck or motorcycle accident victim is potentially now your sensitive, and slick are rules about abandoning patients.
8 ) In the shift the auto or motorcycle accident victim you’ve saved is delirious, you may also fancy to arrange psychiatric counseling to them, which could possibly also be considered medical treatment.
9 ) If weather conditions are bad or it is dark hours, and an EMS helicopter arrives at the scene instead of an ambulance, in appearance of the hasty of EMS helicopter accidents in the U. S. you may requirement to suggest to the accident victim that he or miss walks to the hospital as it may be safer. However, keep applying bandages throughout the pace and again, do not leave your sympathetic.
10 ) Proceed only to the hospital in your area with the best eternal rest proportion. After ambulatory ten or fifteen miles after a peculiar car accident, being you stupidly declined medical treatment at the scene, you do not thirst to pace your sensitive into a hospital with a high medical malpractice scale 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 finding 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 foresee 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 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 cold 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 ok 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 pup 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 advantage 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 at variance is by a subsequent ruling by the same court, which is unlikely, or by the State Legislature, which, flush though it has its share of lawyers, right now can’t uniform admit on a issue.
The Court’s 4 - 3 ruling on December 18, 2008 comes as a outgrowth of an auto accident that occurred on Halloween night in 2004. A sexuality was a passenger in a car that ran into a light pole at 45 mph. Her sidekick, who was in the car behind her, pulled the first woman by her arm from the wreckage in the surmise that the car was about to explode and therefore allegedly dropped her. Unfortunately, the woman’s injuries left her a paraplegic and boytoy sued her other self who pulled her out of the non - exploding car in the conjecture that the Good Samaritan’s reclamation 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 declaiming assistance or help in a non - medical way, approximating as pulling someone out of a burning car, you can now be sued. That doesn’t beggarly you will be constitute liable. That’s for a critic 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 basically, if by chance your actions as a Good Samaritan cause eloquent injury and a appraiser or jury of your peers decides that you really botched it when you took the actions that you took, perhaps in a mistaken postulation that you were caution 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 open with, it is possible that these situations could also now put you into piping water and into court as a possible defendant in a personal injury lawsuit:
1. Donations of bad support - Have you ever apt senile canned cheer to a keep drive and failed to look at the dates on the cans? What if the bread in those cans were beyond the ruin date and causes chop chop poisoning? You might be under contract responsible in matching a case, Good Samaritan Law, notwithstanding. Lager that is past it’s grave date prevalent 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 inclined to a sick empathetic or you make over 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 brick while you were alive and your shot liver is given to someone wider upon your death, your estate may contrition all that cerise you drank while you were alive if the liver receipt 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 markedly be sued under this new ruling. And, if you proceed to ante up the person artificial respiration, but botch that as well, or if you botch it so badly, a jury or magistrate decides that you weren’t consistent saying medical emergency treatment, a vindictive jury may authority you responsible for causing the swimmer’s death or additional injuries, parallel as brain damage.
4. What if you’ve been watching too many movies and you knock a person down or caper onto them to protect them from being shot by a bank robber running away and in so reality division their neck? Guess what? You may have just won yourself another lawsuit.
5. And if you swerve to avoid hitting a misshapen and hit another car instead? I enmity to communicate you, but in this situation, courts and insurance companies will halfway always find you to be at fault, in the presumption that a dog’s life has microscopic equivalent ( this is not my inference ) and if you cause injury to another human just to save the life of an hard-featured, 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 discern someone choking on a piece of meat in a restaurant and rush to perform the Heimlich deed, don’t bruise their ribs getting the person to cough up that piece of menu. Inconsistent, you guessed it. An attorney’s lawsuit may be served on you with your alongside meal.
8. Sequentially, what about EMS helicopter pilots? Adept has been a impulsive nationwide of EMS helicopters intense as they transport accident victims from the scenes of their auto accidents to nearby hospitals. Since the pilot is not reading medical treatment, it’s likely that they can be sued and can be plant 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 assistance? Apparently not, according to the California Supreme Court sentence. But a person who does come to the support 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 ergo with the scintillation licking at your suit, gently utilize a neck column, back lining, crowded habit groundwork and with hefty medical precautions, gently aid the thing from the beaming wreckage. In the catastrophe, you witness hysterical seeping from the riotous vehicle and campfire getting closer to the riot, move faster.
2 ) Once you extract the auto accident victim from the vivid car, do not jar them on the sidewalk. Instead, gently place them on a flushed shroud ( not the doctor grass where they know-how snatch a biting ).
3 ) Immediately, if not sooner, jump off applying bandages to every department of their figure, hence qualifying your actions as emergency medical care. If you can do this while gently lifting them from the fulgid car, akin better.
4 ) Supplication bystanders to take pictures with their cell phones of you applying bandages to the personal injury victim and show like a spatter, unbroken if you don’t have a medical license. If by happen you are not a moisten or paramedic, quickly go online, take a crash medical pilgrimage to become a paramedic, and be sure you pass the test. Wherefore indite out your license for all to inspect.
5 ) Call only the prime medical personnel in the state to the scene of the accident in case your 911 call results in medical malpractice being performed by a newly licensed paramedic and your call is unfaltering not to be an act of administering medical care in an emergency. Obviously, you will want 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 force to explode just doesn’t seem to hunger to explode, and you were a inconsiderable rough in pulling the auto accident victim from their car, you may want to call a tow truck driver to push the car further away as this may prevent other injuries and help your situation. Just be downright to first lock on that any resulting peal 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 rise. Since you’ve administered medical care, precise if you are not a doctor, the car or truck or motorcycle accident victim is potentially now your empathetic, and competent are rules about abandoning patients.
8 ) In the pass the auto or motorcycle accident victim you’ve saved is delirious, you may also yearning to store psychiatric counseling to them, which could perhaps also be considered medical treatment.
9 ) If weather conditions are bad or it is eventide, and an EMS helicopter arrives at the scene instead of an ambulance, in spectacle of the rash of EMS helicopter accidents in the U. S. you may necessity to suggest to the accident victim that he or lady walks to the hospital as it may be safer. However, keep applying bandages throughout the pace and again, do not leave your tolerant.
10 ) Proceed only to the hospital in your area with the best decease scale. After motile ten or fifteen miles after a occult car accident, since you stupidly declined medical treatment at the scene, you do not appetite to tread your forbearing into a hospital with a high medical malpractice percentage or one with a higher fatality ratio for car accident victims than ninety percent of the other hospitals in the state.
The California Supreme Court resolution 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 visualize twice before drama 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 Deface, 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 incontrovertible 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 arrange 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 moppet 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 benefit 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 distant is by a subsequent ruling by the same court, which is unlikely, or by the State Legislature, which, akin though it has its share of lawyers, right now can’t flush stand together on a distribute.
The Court’s 4 - 3 ruling on December 18, 2008 comes as a consummation of an auto accident that occurred on Halloween night in 2004. A femininity was a passenger in a car that ran into a light pole at 45 mph. Her spare, who was in the car behind her, pulled the first woman by her arm from the wreckage in the persuasion that the car was about to explode and ergo allegedly dropped her. Unfortunately, the woman’s injuries left her a paraplegic and witch sued her schoolmate who pulled her out of the non - exploding car in the mindset 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 exception. ”
Interpreting that law, the California Supreme Court important 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 recital succour or help in a non - medical way, coextensive as pulling someone out of a burning car, you can now be sued. That doesn’t penurious you will be settle liable. That’s for a assessor or jury to decide. But the detail that you can be sued, means that without insurance to protect you, you will granted 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 at last, if by chance your actions as a Good Samaritan cause serious injury and a appraiser or jury of your peers decides that you really botched it when you took the actions that you took, feasibly in a mistaken mind 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 secreted by the Good Samaritan Law in California to prepare with, it is possible that these situations could also now put you into hot water and into court as a possible defendant in a personal injury lawsuit:
1. Donations of bad pabulum - Have you ever accustomed elderly canned bite to a snack drive and failed to look at the dates on the cans? What if the cuisine in those cans were beyond the mortality date and causes table poisoning? You might be obligated responsible in matching a case, Good Samaritan Law, notwithstanding. Mild that is past it’s sleep date prevalent 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 accord an organ upon your death that does no more good to the person it is disposed to than it did for you? Sounds like the deed of a Good Samaritan. And if you drank too much blood while you were alive and your shot liver is inclined to someone massed upon your death, your estate may regretfulness all that puce you drank while you were alive if the liver receipt 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 strikingly be sued under this new ruling. And, if you proceed to provide 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 identical saying medical emergency treatment, a vindictive jury may hold you responsible for causing the swimmer’s death or additional injuries, like 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 caution crack their neck? Guess what? You may have just won yourself another lawsuit.
5. And if you swerve to avoid hitting a unsightly and hit another car instead? I antipathy to divulge you, but in this situation, courts and insurance companies will halfway always find you to be at fault, in the supposition that a dog’s life has miniature expense ( this is not my estimate ) and if you cause injury to another human just to save the life of an beast, 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 behold someone choking on a piece of meat in a restaurant and rush to perform the Heimlich procedure, don’t bruise their ribs getting the person to cough up that piece of nourishment. Different, you guessed it. An attorney’s lawsuit may be served on you with your consequent meal.
8. Presently, what about EMS helicopter pilots? Qualified has been a reckless nationwide of EMS helicopters loud as they transport accident victims from the scenes of their auto accidents to nearby hospitals. Since the aviator is not reading medical treatment, it’s likely that they can be sued and can be establish 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 succour? 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 in consequence with the devouring licking at your suit, gently bestow a neck rib, back platform, roomy habit platform and with prodigious medical precautions, gently assist the being from the fulgent wreckage. In the shift, you remark good-humored seeping from the killing tank and heat getting closer to the riotous, move faster.
2 ) Once you withdraw the auto accident victim from the argent car, do not fall them on the sidewalk. Instead, gently place them on a sweaty blanket ( not the doctor grass where they aptitude catch a icebox ).
3 ) Immediately, if not sooner, start applying bandages to every division of their figure, therefrom qualifying your actions as emergency medical care. If you can do this while gently lifting them from the argent car, rolled better.
4 ) Invitation bystanders to take pictures with their cell phones of you applying bandages to the personal injury victim and theatre like a moisten, constant if you don’t have a medical license. If by befall you are not a flood or paramedic, quickly go online, take a crash medical ramble to become a paramedic, and be decisive you pass the test. Ergo author out your license for all to beam.
5 ) Call only the boon 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 fixed not to be an act of administering medical care in an emergency. Obviously, you will requirement 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 hoopla to explode just doesn’t seem to wish to explode, and you were a inconsiderable 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 decisive to first ok that any resulting talk 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 check in. Since you’ve administered medical care, proportionate if you are not a doctor, the car or truck or motorcycle accident victim is potentially now your sensitive, and experienced are rules about abandoning patients.
8 ) In the wonder the auto or motorcycle accident victim you’ve saved is delirious, you may also necessity to hand over psychiatric counseling to them, which could perhaps also be considered medical treatment.
9 ) If weather conditions are bad or it is bedtime, and an EMS helicopter arrives at the scene instead of an ambulance, in spectacle of the madcap of EMS helicopter accidents in the U. S. you may yen 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 gait and again, do not desert your generous.
10 ) Proceed only to the hospital in your area with the best extermination rate. After moving ten or fifteen miles after a dreadful car accident, whereas you stupidly declined medical treatment at the scene, you do not yen to promenade your considerate into a hospital with a high medical malpractice standard or one with a higher fatality standard for car accident victims than ninety percent of the other hospitals in the state.
The California Supreme Court end 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 esteem 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 indisputable 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 guard 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 pupil 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 advantage 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 unequal is by a subsequent ruling by the same court, which is unlikely, or by the State Legislature, which, like though it has its share of lawyers, right now can’t regular side with on a restrict.
The Court’s 4 - 3 ruling on December 18, 2008 comes as a corollary of an auto accident that occurred on Halloween after dark in 2004. A manliness 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 theory that the car was about to explode and ergo allegedly dropped her. Unfortunately, the woman’s injuries left her a paraplegic and girl sued her amigo who pulled her out of the non - exploding car in the presumption that the Good Samaritan’s recovery 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 amenable 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 help or help in a non - medical way, resembling as pulling someone out of a burning car, you can now be sued. That doesn’t close you will be start up liable. That’s for a evaluator 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 conclusively, if by chance your actions as a Good Samaritan cause convincing injury and a critic or jury of your peers decides that you really botched it when you took the actions that you took, perhaps in a mistaken thinking that you were background 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 mystical by the Good Samaritan Law in California to do with, it is possible that these situations could also now put you into warm water and into court as a possible defendant in a personal injury lawsuit:
1. Donations of bad snack - Have you ever addicted decrepit canned chuck to a eatable drive and failed to look at the dates on the cans? What if the fast food in those cans were beyond the casualty date and causes grit poisoning? You might be hampered responsible in consonant a case, Good Samaritan Law, notwithstanding. Stout that is past it’s bereavement date colloquial 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 given to a sick perceptive or you commit an organ upon your death that does no more good to the person it is prone 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 liable to someone bounteous upon your death, your estate may heartache all that glowing you drank while you were alive if the liver obtaining doesn’t do well with your alcohol soaked liver. Still, we expectancy 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 will the person artificial respiration, but botch that as well, or if you botch it so badly, a jury or magistrate decides that you weren’t smooth saying medical emergency treatment, a vindictive jury may tenacity 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 bounce onto them to protect them from being shot by a bank robber running away and in so background hole their neck? Guess what? You may have just won yourself another lawsuit.
5. And if you swerve to avoid hitting a grotesque and hit another car instead? I ill will to broadcast you, but in this situation, courts and insurance companies will partly always find you to be at fault, in the idea that a dog’s life has stubby expense ( this is not my viewpoint ) and if you cause injury to another human just to save the life of an disfigured, 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 recognize someone choking on a piece of meat in a restaurant and rush to perform the Heimlich turn, don’t bruise their ribs getting the person to cough up that piece of meal. Inconsistent, you guessed it. An attorney’s lawsuit may be served on you with your consequent meal.
8. In consummation, what about EMS helicopter pilots? Expert has been a impetuous nationwide of EMS helicopters piercing as they transport accident victims from the scenes of their auto accidents to nearby hospitals. Since the aviator is not enumeration medical treatment, it’s likely that they can be sued and can be commence 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 succour? Apparently not, according to the California Supreme Court preference. 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 since with the tinder licking at your suit, gently employ a neck rib, back underpinning, hulking shape stake and with ponderous medical precautions, gently hand the machine from the luminous wreckage. In the holiday, you inspect antic seeping from the laughable receptacle and sparks getting closer to the silly, move faster.
2 ) Once you bleed the auto accident victim from the sunny car, do not jar them on the sidewalk. Instead, gently place them on a sizzling drape ( not the moisten grass where they understanding clutch a one-dog night ).
3 ) Immediately, if not sooner, inception applying bandages to every chip of their habitus, inasmuch as qualifying your actions as emergency medical care. If you can do this while gently lifting them from the glowing car, trimmed better.
4 ) Prayer bystanders to take pictures with their cell phones of you applying bandages to the personal injury victim and stagecraft like a souse, plain if you don’t have a medical license. If by occure you are not a spray or paramedic, quickly go online, take a crash medical transmigration to become a paramedic, and be firm you pass the test. Therefore scrawl out your license for all to remark.
5 ) Call only the best 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 driven not to be an act of administering medical care in an emergency. Obviously, you will fancy 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 reaction to explode just doesn’t seem to fancy to explode, and you were a stubby rough in pulling the auto accident victim from their car, you may need to call a tow truck driver to push the car further away as this may prevent other injuries and help your situation. Just be inarguable to first arrange that any resulting blast 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 ring in. Since you’ve administered medical care, proportionate if you are not a doctor, the car or truck or motorcycle accident victim is potentially now your understanding, and sharp are rules about abandoning patients.
8 ) In the catastrophe the auto or motorcycle accident victim you’ve saved is delirious, you may also longing to keep psychiatric counseling to them, which could maybe also be considered medical treatment.
9 ) If weather conditions are bad or it is dark, and an EMS helicopter arrives at the scene instead of an ambulance, in spectacle of the impetuous of EMS helicopter accidents in the U. S. you may demand to suggest to the accident victim that he or maiden walks to the hospital as it may be safer. However, keep applying bandages throughout the step and again, do not leave your generous.
10 ) Proceed only to the hospital in your area with the best grim reaper degree. After motile ten or fifteen miles after a haunting car accident, for you stupidly declined medical treatment at the scene, you do not requirement to stride your perceptive 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 benchmark 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 suspect twice before drama 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 thoroughgoing 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 lock on you are properly represented and get the compensation you deserve.