You might think this case study is a no-brainer, but, as always, the correct answer is “it depends.” In California pedestrians have a lot of leeway, but they don’t have an unequivocal right-of-way. California Vehicle Code section 21954(a) states that a pedestrian that is not in a crosswalk shall yield the right of way to any vehicle that is near enough that it constitutes a hazard. This law makes it seem like it is not illegal to jaywalk at all as long as crossing is safe, but that is not the case. California Vehicle Code section 21955 says that no pedestrian may cross the roadway at any place other than the crosswalk between adjacent intersections controlled by traffic control signal […]

Amazing story in the case spotlight this month at Laskin Balma Attorneys at Law in Sacramento CA. A few years ago, attorney Nathan J. Kabanuck went to trial in an interesting case that shows how the Law Offices of Laskin Balma will go to bat for a client over as small an amount as a few hundred dollars if it means protecting the client’s interests. This case is a rear-end collision that ended up in trial despite having straight-forward facts. Our client had minimal treatment, only two visits to Methodist Hospital immediately following the collision. Without medical insurance and the adverse insurance company not covering such bills, our client, Joseph, sought an attorney so they would be paid. Joseph also […]

The seventh largest wildfire in California history. Over 70,000 acres and 450 homes destroyed. Wild fires have always been a threat in California and the drought makes it so much worse. However, it is not expected that a mistake by a utility company could cause so much damage. A new lawsuit claims that PG&E and their maintenance contractor are to blame for the Butte fire that started on August 9, 2015. The Governor declared a state of emergency and the Butte fire was deemed a national disaster by the federal government.  FEMA and aid was sent into Amador and Calaveras County. Many people lost everything they own and two people lost their lives. This first lawsuit involves two plaintiffs who […]

As always when asking a fault question in Sacramento or Elk Grove CA the answer is “it depends.” I witnessed a side-swipe collision once and it made me think about how difficult it is to prove who is at fault when such a crash occurs. Without independent witnesses, it really becomes a “he said she said” situation. We were approaching an intersection and a GMC moved to the left to get into a left turn lane. This person was about four car lengths ahead of me. But I guess she changed her mind because then she drifted back into the left most through lane. A Ford Taurus that was already there laid on the horn to warn the GMC. The GMC noticed […]