Teenager Killed in Dirt Bike Accident

Recently in Palo Cedro, a dirt bike accident occurred that killed one teenager and seriously injured another teenager. The California Highway Patrol reports that at the time the accident occurred the two teens were riding dirt bikes on private property located between Old Highway 44 and Stillwater. Due to reasons that are still undetermined, the two teenagers collided on their vehicles. Law enforcement has reported that both teenagers were wearing protective gear at the time of the accident. Additionally, law enforcement does not believe that alcohol or drugs played a contributing role in the accident.

This event is an example of just one of the many dirt bike accidents that occur each year. The Centers for Disease Control and Prevention report that several thousand dirt bike riders below the age of 19 are treated in emergency room for nonfatal injuries. Additionally, over a dozen dirt bike riders die due to accidents like this one that occurred in Palo Cedro each year.

The Causes of Dirt Bike Accidents 

There are many reasons why dirt bike accidents occur in the state of California each year. While some of these accidents are caused due to the negligence of the dirt bike rider, the cause of other accidents are simply beyond the driver’s control.

Some of the reasons why dirt bike accidents occur include the following:

  • Adverse weather conditions.
  • Dirt bike riders who use their bikes under the influence of alcohol or drugs.
  • Dirt bike riders who operate their bikes too aggressively.
  • Distracted dirt bike riders.
  • Excessive speeding by dirt bike riders.
  • Failure by dirt bike riders to yield to the right of way.
  • Inadequate vision due to lack of light.

 Safety Tips for Dirt Bike Riders

 There are some important safety rules that should be followed by all dirt bike riders, which include the following:

  • Always wear a helmet. Preferably, the helmet was created in compliance with regulations created by the United States Department of Transportation.
  • Maintain a safe distance from other vehicles including other dirt bikes.
  • Pay attention whenever operating a dirt bike because many accidents are caused by distracted drivers.
  • Wear proper safety clothing which should include close-toed shoes, goggles, gloves, heavy long sleeved shirts, long pants, and protective eye goggles. 

Speak to Sanford A. Kassel Today About Your Dirt Bike Accident

 Many dirt bike riders fail to consider just how serious accidents can be. Accident victims frequently find themselves overwhelmed by the seriousness of injuries or fatalities that arise from dirt bike accidents. Many accident victims find themselves facing large medical bills and many other complications that make daily living difficult. Fortunately, if another party is responsible for the accident, there might be the possibility of obtaining compensation for your accident.

Our legal counsel has the knowledge necessary to help analyze exactly how your dirt bike accident occurred and determine the various legal strategies that exist to pursue the compensation you deserve. From the initial phone call, clients understand that our attorneys know just how devastating dirt bike accidents can be. Our lawyers also remain committed throughout your legal journey to fighting for the compensation that you deserve. Call our law office today.

The Causes of San Bernardino Rollover Accidents

According to an August 2017 article in The Press-Enterprise, a Fontana driver was killed and a passenger critically injured in a rollover crash. The driver, a 19-year-old from Fontana, was killed and her passenger critically injured after a rollover crash in the early morning hours. The female driver, operating a 2002 Chevy Silverado, was traveling on Bridlepath Drive about 1 a.m. when the victim allegedly struck the center median. Both the driver and passenger were ejected from the vehicle.

Although witnesses indicated that the driver was allegedly speeding at the time, police were conducting an investigation into the crash at the time of the report. It is not known if the passenger will sue the driver’s estate.

What is a Rollover Car Accident in San Bernardino?

A rollover car accident involves a vehicle turning or flipping repeatedly prior to landing either on its roof, side, or upright. The rollover accident can happen for any reason such as a manufacturing defect in the vehicle. A manufacturing defect may cause the vehicle to tip over at any time while the vehicle is in operation.

A rollover accident can be caused by a number of factors. Some of the most common include:

  • Type of motor vehicle: The majority of rollover accidents involve larger motor vehicles like trucks, SUVs, buses, and tractor-trailers. They have a higher center of gravity than most passenger vehicles, making these vehicle more prone to rolling over upon impact.
  • Speeding while making a turn: Failing to slow down in time to make a left or right turn is one of the main causes of a vehicle rollover. Speed while turning often contributes to the instability of a vehicle. When these things happen, the rollover accident may become deadly. Negligence may be a factor when speeding while making a left or right turn.
  • Weather conditions: Weather conditions can have a serious impact on a driver’s ability to operate a motor vehicle. Weather conditions include rain, hail, or a thunderstorm. Even if the rain has ceased, the wet surface combined with oil or residue on the street can cause a rollover accident.

Negligence in Rollover Accidents in San Bernardino

If a rollover accident happens and it is no one’s fault, an accident victim injured in the crash cannot sue for injuries. The other driver must be at fault in the rollover accident. Now, if the other driver is at fault and does not want to pay damages, the accident victim does have legal recourse. He or she can sue for negligence.

Negligence is the failure of a driver to act like a reasonable driver would in the same and/or similar circumstances. The driver must do things like obey traffic laws and not cause an accident. If someone does not act like a reasonable driver, he or she can be found negligent if those actions lead to an accident.

Contact Sanford A. Kassel, A Professional Law Corporation About Your Rollover Accident

You were injured in a rollover accident. You need an attorney to help you get the compensation you deserve. Contact us.

Inland Empire Magazine Names Sanford Kassel as a Top Lawyer in the IE

best lawyer inland empireInland Empire Magazine has been publishing an annual list of the Top Lawyers in the Inland Empire for several years, and Sanford A. Kassel has made the list once again. Based upon his professional ability, high ethical standards, legal experience, judgement, communication ability, legal knowledge, and analytical capabilities.

Attorney Sanford Kassel is rated AV Preeminent®  – which is the highest possible rating one can achieve from your peers through the Martindale-Hubbell rating system. Martindale-Hubbell has been a respected source for attorneys, since 1868.

This prestigious unbiased peer review AV rating is the basis for inclusion in the Inland Empire Top Lawyers annual edition.

Attorney Sanford A. Kassel is a personal injury attorney in San Bernardino serving the Inland Empire and Greater Southern California area. Please contact the firm today by calling (909) 884-6451 or visiting our Contact page.

Proving a Negligence Per Se Car Accident Cause in San Bernardino

The San Bernardino Sun reported in September of 2017 that five people were injured in a street racing incident involving two vehicles colliding. According to police, the accident happened when a vehicle traveling eastbound on Second Street broadsided a vehicle traveling southbound. The second vehicle was traveling along the 215 freeway around 8:30 p.m. The woman in the second vehicle, the one exiting the freeway, was critically injured.

Police claim that the first car traveling eastbound was racing another vehicle at the time of the accident. A total of five victims were treated at area hospitals following the crash. It was not indicated in the report if the other people injured were involved in the street racing.

The report did not indicate if the woman who was critically injured in the crash would file a personal injury claim in California court. Speed racing is against the law. A driver racing another driver in San Bernardino is breaking a traffic law. For this reason, the accident victim mentioned above may be able to sue using a more specific form of negligence to bolster the lawsuit.

Pure Negligence and Negligence Per Se in San Bernardino are Different Forms of Wrongdoing 

General, or pure, negligence occurs when a person fails to act as a reasonable person would in the same and/or similar circumstances. For instance, a reasonable driver would not have raced another driver while operating a motor vehicle in California. A negligent driver fails to act as another driver would have in the same situation when he or she races another vehicle and causes a crash.

However, negligence per se maybe separately invoked when a driver being at fault for a car accident violates a traffic law.

Proving Negligence Per Se in a San Bernardino Car Accident10

According to California law, a driver is liable under negligence per se if he or she:

  • Violated a traffic law, ordinance, or statute in California
  • The violation of the traffic law was the proximate cause of the accident victim’s injury, death or damage to property
  • The death or injury happened because the driver violated a statute designed to protect the accident victim from the exact harm
  • The accident victim was in the protected class the statute was enacted to protect from harm

Contact Sanford A. Kassel, A Professional Law Corportaion About Your San Bernardino Negligence Claim

You were involved in an accident in which a driver broke a traffic law or statute. You may have a slam dunk case, but that does not mean you do not have to fight. You still have to prove that negligence per se was the reason why you were injured. That is where we come in. We will represent you and help you gain the copmensation you deserve after an accident. Contact us.

Protect Your Legal Rights After a San Bernardino Accident Involving DUI

According to a September 2017 article in the San Bernardino Sun, a 24-year-old San Bernardino male was accused of driving under the influence and causing a car accident. The man hit another vehicle during the crash. The accident killed the driver and seriously injured a passenger. He was arrested on suspicion of gross vehicular manslaughter along with driving under the influence.

The accident happened in the 1200 block of Kendall Drive. The drunk driver was allegedly speeding south on Kendall Drive around 1 p.m. He allegedly slammed into a Ford Escape that was traveling southbound at the time. The car accident caused massive damage to the Ford Escape. The impact sent the suspect’s vehicle, a Jetta, into a third vehicle, as well.

In addition to those injured in the first crash, two people were also injured in the third vehicle crash. The suspect was also injured during the car accidents. At the time of the article, police were investigating the accident and asking for anyone’s help who witnessed what happened.

A victim of a car accident involving a driver under the influence of alcohol and/or drugs can sue in civil court. Civil court allows a victim to obtain damages connected to the car accident such as medical bills and lost wages. A civil case is different from a criminal case. The state prosecutes the DUI suspect for committing the offense of driving under the influence. They can seek restitution, but generally they are trying to punish the driver for breaking California law.

Suing for Damages in a San Bernardino DUI Car Accident

Filing a claim is the second step in protecting legal rights in a DUI car accident. To win the civil case, the accident victim must prove the other driver was negligent while driving and that the negligence caused an accident with injuries.

In a DUI crash, negligence per se will help an accident victim win or even settle a case. Negligence per se, which means the thing speaks for itself, shows that the driver broke the law. Since the driver broke the traffic law and caused an accident, the broken law shows wrongdoing.

Contact Sanford A. Kassel Regarding Your DUI-Related Car Accident

The first way to protect your legal rights is by contacting a personal injury attorney immediately after your crash. This protects your legal rights to sue for damages if the insurance company rejects your claim or there is no settlement. You attorney will file a claim in civil court while working on your insurance claim or settlement.

Negligence per se makes a strong case for either a win in civil court or a settlement. It is obvious the other driver broke the law by operating a motor vehicle while under the influence. However, you will still have to prove your case. Contact us immediately for help with your DUI-related car accident.

Passengers in a San Bernardino Car Accident may have a Legal Right to Sue

In May of 2017, four people were hurt in a crash, according to the San Bernardino Sun. The crash occurred early on a Saturday evening at East Baseline and Cedar Avenue and involved two vehicles. The crash sent four people to the hospital. Approximately two of the people were in critical condition at the time of the report.

An investigation into the car crash was ongoing at the time the report was published. There are no details about whether anyone would sue for personal injuries sustained in the crash.

Who is Considered a Passenger in a Vehicle?

A passenger is anyone in a vehicle who is not driving. A passenger can be in the front seat or in the back seat. This includes motorcycles and any other type of vehicle, as well.

A Driver has a Duty of Care to a Passenger in a San Bernardino

According to California personal injury law, a driver has the same legal duty to protect a passenger from harm as he or she does another driver. The driver is not supposed to do something such as speed or run a red light that would cause an accident with injury to ay othe rparty on the road or inside his or her own vehicle.

In other words, a driver has the responsibility to drive with care and obey traffic laws without causing an accident that hurts someone else. It does not matter if that person is another driver, their passenger, or a pedestrian.

A Passenger in San Bernardino does Not Have the Same Duty of Care as the Driver

A driver who fails to obey traffic laws may violate his or her legal duty to protect others from harm while driving. The accident victims, those injured in the car crash, also have a legal duty to protect themselves from harm. California law expects an accident victim driving a motor vehicle at the time to do everything to prevent harm from happening to them in an accident. For example, they are required to follow the rules of the road. This may include wearing a seatbelt or driving while sober.

The same expectations are not put upon a passenger riding in the same vehicle. A passenger cannot control the motor vehicle and does not have the ability to prevent a car accident from happening. He or she is not expected to be aware of any dangers on the roadway.

Contact Sanford A. Kassel regarding Your San Bernardino Accident

Comparative negligence is used to reduce an awarded to a plaintiff injured in a car accident. You may not have to worry about comparative negligence because you were a passenger in a car accident. However, do not think the other party will willingly settle just because you were a passenger in a car accident. Contact us about your case today.

San Bernardino Medical Malpractice and the Discovery Rule

According to a KTLA post in November of 2016, a California mother sued a health care provider for her son’s delayed diagnosis. A Long Beach mother claimed that doctors misdiagnosed her then 8-month-old son’s injury. He allegedly had a penny lodged in his esophagus. Instead, he was allegedly diagnosed with a viral infection after she took him to HealthCare. The mother claimed that the healthcare providers dismissed her requests for further testing. Her son allegedly continued to suffer from a worsening rash and fever.

She allegedly returned to the same clinic five times because of her son’s continued suffering. According to the mother, the providers continuously questioned her ability to pay for their services. It was only after she took her son to the ER at Long Beach Memorial Medical Center that the true medical condition was discovered. An X-ray revealed her son had a penny stuck in his esophagus. The penny was compromising his breathing.

Her son was immediately transferred to children’s hospital where the penny was removed from his esophagus. The specialist treating her son said the penny was probably in his esophagus for about three weeks based on the money’s corrosion. The mother later learned the penny had caused an additional injury, two large ulcers. She is suing for damages related to alleged negligence regarding the misdiagnosis of her son’s injury.

Medical Negligence in San Bernardino

Medical negligence involves a doctor, nurse, or other healthcare professional failing to provide a patient with standard medical treatment. Standard medical treatment refers to treatment that does not cause additional harm to a patient. If the medical provider does cause additional medical harm, he or she may be liable for medical malpractice.

The Statute of Limitations in a San Bernardino Medical Malpractice Claim

Every personal injury claim allows an injured victim to sue the liable party for damages. Damages include things like medical bills, lost wages, and pain and suffering. However, California does not give an injured victim, including a medical malpractice patient, an unlimited amount of time in which to file a lawsuit in court.

According to California medical malpractice law, an injured patient has three years from the date of the injury to file a lawsuit. For instance, if a patient received substandard treatment that caused an additional injury on February 1, 2014, he or she would have until February 1, 2017 to file a claim. The lawsuit does not have to be resolved by that time, only filed in San Bernardino court. It can be resolved after the three-year-period expires.

If the injured patient fails to file a medical malpractice claim within three years, he or she is barred from obtaining damages. The legal term “barred” refers to not being allowed to sue for the damages the at-fault party caused. For instance, if a patient was injured on February 1, 2014, but he or she waits until June 2017 to file a lawsuit, it would be automatically dismissed.

Contact Sanford A. Kassel Regarding Your San Bernardino Medical Malpractice

The discovery rule in medical malpractice does give you a little more time. You are able to sue a year after you discovered your medical malpractice injury. The discovery rule comes into play when you discover the injury after the standard statute of limitations. If you need help with you medical malpractice claim, contact us.

Riverside Motorcycle Crashes: Who is Liable?

According to a July 2017 article in The Press-Enterprise, a motorcycle crash occurred on the 215 Freeway in Riverside, which backed up rush hour traffic on both the 215 and 60 freeways. The crash was initially reported as a hit-and-run accident that occurred shortly before 5 p.m. south of Central Avenue. The crash involved a motorcycle, pickup truck, and another type of vehicle, and was ultimately determined not to have been a hit-and-run. The California Highway Patrol did have to shut down three lanes of the highway, as it took them 30 minutes to clear the vehicles to the roadside. This caused a backup in the northbound traffic all the way to Frederick Street in Moreno Valley. Around 6 p.m., traffic was backed up from Valley Way in Jurupa Valley to the crash site.

The report did not include any information about injuries to the motorcyclist or drivers. No further information was included regarding whether any of the individuals involved planned to file a personal injury claim for damages.

A motorcycle accident typically involves a motorcycle and a vehicle such as a car, truck, or commercial vehicle. It may also include some negligent act that causes a motorcyclist to hit and damage property such as a building or street sign. The injuries incurred in a motorcycle accident can range from minor to devastating or even fatal.

A Vehicle Owner is Liable for a Riverside Motorcycle Crash

According to California’s permissive use law, every driver is responsible for the injury, death, or property damage he or she causes while driving. The owner of the vehicle is also liable for the accident caused by a driver who borrows the vehicle.

The personal injury law does not distinguish whether the consent, or permission given to a driver, need be expressed. A vehicle owner can give permission to use a vehicle by giving the driver his or her car keys or nodding an answer when asked to use the vehicle.

Permissive use pertains to any type of vehicle accident, not just motorcycle accidents.

Owner Liability for a Motorcycle Crash in Riverside is Limited

An owner is not totally liable for an accident caused by a driver who borrows his or her vehicle. An owner’s liability is limited. He or she can be sued for damages related to the victim’s injuries or death up to $15,000. The amount increases to $30,000 if the accident caused death or injury to multiple people.

Exceptions to the Permissive Use Law in Riverside

A vehicle owner liability is not limited if he or she knew the driver did not have a driver’s license at the time the vehicle was lent to the negligent driver. Limitations also do not apply if the negligent driver was an employee or he or she used the vehicle to run an errand for the owner.

Getting Damages You Deserve from a Riverside Motorcycle Accident

At Sanford A. Kassel, we maximize compensation because we conduct a thorough investigation into who caused your motorcycle accident. We are not intimidated by the fact that the owner of the vehicle that hit you tries to avoid liability. We know the law and will use our experience with permissive use to get you the money you need for your injuries. Contact us for a free case review.

Speed can be a Factor in a San Bernardino Car Accident

According to an August 2017 report in the San Bernardino Sun and a subsequent viral video showing the crash, a driver was allegedly speeding and caused a chain-reaction crash on the 10 Freeway in Colton. The dashcam footage allegedly shows an Infiniti striking a BMW. The impact sent the vehicle under a tractor-trailer, then into another vehicle, a green Mazda, prior to stopping.

When the dashcam footage was posted on social media, a citizen who saw the footage recognized the vehicle and informed California Highway Patrol of its location. The vehicle was then located in San Bernardino, but authorities could not locate the driver. The Infiniti was reported stolen prior to the accident.

The drivers of the Infiniti and Mazda both allegedly fled the scene. The driver of the BMW suffered minor injuries. Police were still investigating the accident at the time of the report.

Speed in a Car Accident Makes a Driver Negligent According to Negligence Per Se

After an accident, an investigation is conducted to determine the accident’s cause. An investigation by police will determine if any laws were broken or if anyone was criminally at fault for the crash.

An investigation done by a personal injury lawyer seeks to determine liability, too. Instead of placing criminally liability on a driver, the lawyer looks for financial liability. One way to show that the at-fault driver is on the financial hook for the accident victim’s damages is proving negligence per se.

Negligence per se occurs when a driver violates a matter of law such as a traffic rule. According to California law, no one is allowed to operate a motor vehicle over the posted speed limit. Of course, this law excludes first responders.

Operating a motor vehicle over the posted speed limit is a traffic offense. This traffic offense can lead to a personal injury claim if the driver caused a crash that:

  • Injured a driver and/or passenger
  • Damaged property
  • Killed another driver and/or passenger

The negligent driver would have to pay, if he or she was found liable, damages such as:

  • Pain and suffering
  • Lost wages
  • Medical expenses related to the accident
  • Funeral and burial costs if the driver and/or passenger dies

Sanford A. Kassel is Your San Bernardino Car Accident Attorney 

Being involved in an accident in which  negligence per se law makes the driver at fault does not mean that you do not have to prove your case. You and your attorney will have to go through the same steps of proving fault in your speeding car accident case as in any other personal injury claim.

We have to prove elements such as that the negligent driver owed you a duty, that he or she violated that duty, and that he or she caused an accident that injured you. We also have to prove that you have suffered damages that the negligent driver is legally responsible for paying, like medical bills. Contact us immediately.

A Victim of a San Bernardino Car Accident can Sue Even if Partially at Fault

According to a July 2017 article in The Press-Enterprise, three people were killed in an accident after a man ran a red light. A man driving an SUV allegedly crashed into a car in Apple Valley.

The car crash happened in the early afternoon at the intersection of Bear Valley Road and Deep Creek Road. The SUV’s driver ran a red light and crashed into a 2013 Honda Civic turning west from Deep Creek Road.

The driver and occupant of the Honda, a 63-year-old male and 77-year-old passenger, died at the accident scene. The SUV driver was airlifted to the hospital where he later died.

The police were investigating the accident at the time of the article and did not initially have another cause of the crash.

Pure Comparative Negligence Allows a Victim who Shares Blame in an Accident to Sue for Damages

A defendant trying to avoid paying an injured plaintiff will have many legal defenses to help avoid liability. One type of defense is called comparative negligence. Comparative negligence is claiming that a plaintiff injured in a car accident did something wrong to help cause the accident, essentially contributing to his or her own injuries.

According to California law, an injured victim has the responsibility of protecting him or herself from harm by not doing anything to cause an accident. If an accident does occur and the injured plaintiff is at fault, a judge can compare fault.

In some states, if the injured plaintiff is deemed to be at fault more than 50%, then he or she cannot receive damages. Other states use a form of comparative negligence that alters the amount an injured plaintiff can receive if he or she shares fault for the accident.

Pure Comparative Negligence in San Bernardino

In California, comparative negligence is further broken down into another type of negligence called pure comparative negligence.

Pure comparing fault involves assessing a percentage of fault to each driver. The amount of the plaintiff’s fault decreases his or her damages. For example, a defendant ran a red light and caused an accident. The injured plaintiff was texting at the time and did not see the driver coming towards him or her. A judge or jury would assign a percentage of fault to the injured plaintiff.

Let’s say it the injured plaintiff’s fault was 30%. If he or she did not share fault, he or she would receive 100% of damages. Being 30% at fault, the plaintiff would receive 70% of damages.

Contact Sanford A. Kassel About Your San Bernardino Car Accident

If you are partially at fault for an accident caused by another driver, you are still allowed to seek damages. Compensation for lost wages, medical costs, and pain and suffering are common types of damages sought in a car accident case. Since you may be partially at fault for the crash, your amount of damages may be lower than someone who did not share fault in the crash, but this does not mean you do not have the right to file a claim.

Contact us about your car accident in southern California. We will determine the cause of the accident and if you really share fault.

Medical Malpractice in San Bernardino

A California mother claimed medical malpractice after doctors allegedly ignored symptoms that her 8-month-old baby exhibited, according to a November 2016 report on KTLA.

According to the mother, her then 8-month-old son was diagnosed with a viral infection after visiting medical professionals at HealthCare Partners in June 2016. She said doctors allegedly dismissed her concerns and requests for further testing because he continued to have a fever. He allegedly had a rash that worsened after the medical diagnosis.

She returned to the clinic with her baby at least five times. She alleges that the medical providers questioned her ability to pay the medical bills. She later took the child to the emergency room for care. An X-ray revealed the baby had a penny stuck in his esophagus. The penny compromised his ability to breathe.

After the discovery, he was immediately taken to Miller Children’s Hospital to have the penny removed. Specialists believed the penny had been the cause of his symptoms, including two ulcers.

The mother filed a lawsuit seeking medical bills and lost wages. The lawsuit was filed after the HealthCare Partners allegedly told her to file a claim for reimbursement with the company. That claim was allegedly denied.

The healthcare company was contacted for the story and did not comment on the lawsuit. It did say that quality care is at the heart of what they do.

It is not known whether the lawsuit has been resolved at trial or an out-of-court settlement. The mother filed a type of personal injury lawsuit known as a medical malpractice claim.

What is a Medical Malpractice Claim in San Bernardino?

A medical malpractice claim is a lawsuit against a healthcare provider for failing to provide a patient standard care. The medical provider can be a surgeon, doctor, nurse, or hospital. They are supposed to provide a standard of care.

Standard care is the same type of care another provider in San Bernardino would provide. It does not have to be the absolute best health care. It just cannot do additional harm to the patient.

A San Bernardino Medical Malpractice Claim Seeks Money for Harm Done to a Patient

An injured patient can recoup money lost because of an injury. The money lost comes in the form of damages. Damages sought can include:

  • Additional medical bills
  • Rehabilitation need to recover from injury
  • Lost wages
  • Pain and suffering
  • Decreased earning capacity

Contact Sanford A. Kassel Regarding Your San Bernardino Medical Malpractice Claim

According to California law, you have one year from the date of your injury to file a medical malpractice claim. If you discovered your injury after that one-year period, then you have one year from the date of discovery. If you do not file a lawsuit within that time period, you are barred from seeking damages.

Being “barred” from filing a lawsuit means that you cannot sue the provider who caused your injury.

Do not let the healthcare provider who injured you get away with not paying damages. Contact us immediately for help.

The Cause of a Bike Accident in San Bernardino Might be Driver Negligence

According to a May 2017 article in the San Bernardino County Sun, a bicyclist was killed in a crash on Mother’s Day. At the time of the report, San Bernardino police were searching for a vehicle involved in one of the accidents. It was the driver who allegedly hit a bicyclist. The hit-and-run happened shortly after 2 a.m. in the 1100 block of 39th Street. A 52-year-old male was riding his bike traveling west and along the curb at the time of the accident. He was struck from behind by a driver possibly operating a dark Toyota Yaris. The driver was also heading west at the time of the accident. The bike accident victim was thrown off the bike and landed on the ground. He was pronounced dead at the accident scene.

The crash was still under investigation at the time of the report. It is unknown whether the bicyclist’s family would file a personal injury claim on his behalf.

What is a San Bernardino Bike Accident?

A bike accident typically involves a vehicle and a bicycle colliding. It can also include two bicyclists colliding. The cause of the collision may be negligence per se, which involves the driver breaking a traffic law. To obtain compensation for a bike injury, a victim must prove that the driver or other bicyclist was at fault.

Common Causes of Bike Accidents in San Bernardino

In a collision between a bike and a vehicle, the bicyclist typically gets the brunt of the damage, such as devastating injuries and property damage. The follow are some common causes of bike accidents:

  • Left-hand turn accidents: Drivers are usually turning left when they hit bicyclists.
  • Reversing a vehicle unexpectedly: When drivers place their vehicles in reverse without looking out for other drivers or bicyclists, accidents occur.
  • Open-door accidents: Drivers should not open their doors after parking until all traffic is clear. When they do not watch out for bicyclists, bicyclists can be hit by the open door.

Sanford A. Kassel is Your San Bernardino Bike Accident Attorney

If you or a loved one was injured in a bike accident, you have the right to receive compensation for medical expenses, lost wages, and pain and suffering. We will help you prove your case according to California’s personal injury laws. These include showing that the driver had a legal duty to avoid causing an accident and harming you. The driver breached that legal duty when he or she caused an accident and injured you. The cause of those actions was negligence, and that negligence caused your injuries. You deserve to be compensated fully.

Let’s get started on your case. We offer a free case review. Contact us.

Workers can Sue for Age Discrimination in San Bernardino

According to a November 2016 article in USA Today, more tech workers are finding it hard to find and retain jobs as they grow older. Since 2012, approximately 90 age-related complaints were filed against many of the tech companies in Silicon Valley, according to the California Department of Fair Employment and Housing, or DEFH. The complaints were requests for an immediate right to sue the companies.

Since May 2013, approximately 28 complaints were about Hewlett-Packard. Other tech companies being sued include Apple, Google, Cisco Systems, and Oracle. Some of the complaints also include wrongful termination.

The majority of the complaints are focused on age discrimination. Many legal experts and employees claim that many older tech workers get pushed out during mergers or restructuring.

Age is not often celebrated in the tech industry and many companies are looking for younger workers. In an age discrimination lawsuit filed in August 2016, four former HP employers claimed a recent major restricting of the company unfairly purged older tech workers.

It is not known if the HP lawsuit was settled or went to trial. It is also not know if the complaints filed were resolved.

What is Age Discrimination in San Bernardino?

Age discrimination is the act of treating an employee unfairly based on age. A younger employee cannot file age discrimination because he or she is not in the protected class. Only an employee who is 40 years or older can be discriminated against because of age.

Age discrimination may range from a supervisor calling an employee names in reference to his or her age, like “grandpa,” to termination. It may include being passed over for promotions or not being hired for a job at all.

Proving Age Discrimination in San Bernardino

Proving age discrimination involves showing that the employee suing:

  • Belonged to a protected class. This means that he or she is over 40 years old.
  • Was subjected to an adverse work environment because of age. This adversity may be in the form of a demotion, termination, or suspension.
  • Experienced discrimination that other employees not in the protected class did not experience. This means younger employees at the same company did not experience the same type of discrimination the employee suing did.

Immediately Contact Sanford A. Kassel about Your San Bernardino Age Discrimination Case

No one has the right to discriminate against you because you are over 40 years old. The state and federal law protects you and allows you to receive compensation if you have been discriminated against.

You have one year to file an age discrimination claim with the DFEH, a prerequisite to filing a lawsuit. It is such a limited time period because the claim is based on specific facts. The direct evidence, or facts needed, include discriminatory comments made about your age or statistical evidence.

Contact us immediately to start working on your age discrimination claim. We will evaluate your claim and determine whether it violates any federal and/or California age discrimination laws. We will explain how we will proceed and what compensation you can receive to compensate you for the discrimination you have experienced.

Three Elements Needed to Establish a Product Liability Claim

pacemaker

According to a July 2017 report in California Healthline, DNA linked deadly germs to tainted devices used during heart surgeries to a German Factory.

Contamination at a German factory was likely the source of a global outbreak of deadly infections in heart patients. Scientists discovered the source by using whole-genome sequencing to match the DNA fingerprint samples taken from patients in several countries.

A 55-year-old Pennsylvania man was among patients infected with the germ in the United States. He appeared to recover well after his open-heart surgery in March of 2015. However, a product liability lawsuit filed on his behalf claimed that he became ill with a mysterious illness shortly thereafter. He had to be re-hospitalized because of an infection allegedly acquired via the heater-cooler unit used during his operation. He later died from the infection.

About 250,000 heart operations done in the United States each year use this same device. Approximately 60% are completed using the German heater-cooler model device approved in the U.S. in 2006.

Early reports of problems with the devices began in 2002. However, the FDA became aware of the problem in 2014. The FDA waited about a year to inform the public about the problem with the devices. Many hospitals, including the University of Iowa Hospitals and Clinics, still use the devices during their heart surgeries. They place the device in a different room connected to operating room to try to avoid patients become infected.

The outcome of the lawsuits involving the devices are not yet known.

Product Liability in San Bernardino

Every product on the market is not supposed to injure a consumer when used properly. Unfortunately, companies do not always make products safe for public use. When a product injures a consumer, it is considered a defective product. The defect can be caused by a:

  • Manufacturing flaw
  • Design defect
  • Inadequate instructions or warnings

Three Elements Needed to Establish a San Bernardino Product Liability Claim

To successfully win a product liability claim, a consumer must prove three things, called elements in legal terms. These three elements are:

  1. The product was defective. It may be obvious, but the court requires a consumer prove that there was a design or manufacturing flaw with the product. If the flaw was an inadequate warning, that must be shown, too. The consumer also has the burden of proving they used the product in the way it intended.
  2. The defect existed prior to the company, or defendant, placing the product on the market.
  3. The defect caused the consumer’s damages such as pain and suffering, medical bills, and lost wages

Contact the Attorneys of Sanford A. Kassel Law About Your San Bernardino Product Liability Claim

Products on the market are supposed to be safe to use. When they cause an injury, you have the right to sue for your damages. Contact us about your product liability claim. We are ready to fight for you.

Elements Needed to Prove a Wrongful Death Claim

grave

According to KTLA June 2017 report, a woman was killed in a chain-reaction car crash. The accident was allegedly caused by a drunk driver. The woman’s vehicle slammed into a San Bernardino County sheriff’s van. At the time, the sheriff’s deputy was transporting several prisoners to a facility and traveling eastbound on Fifth Street. He stopped at the H Street intersection for a red light. The victim was stopped behind the police van.

As they waited for the light to turn green, a 34-year-old driver rear-ended the woman’s car. The impacted sent her car into the back of the van.

According to witnesses, the alleged drunk driver appeared to be speeding when the collision happened. The victim suffered major internal injuries and was not responsive immediately after the crash happened. She was transported to the hospital, where she later died of her injuries. At least one prisoner sustained minor injuries as the result of the crash.

The driver was arrested for operating a motor vehicle under the influence of alcohol or drugs. At the time of the report, he had not been charged with DUI.

It is not known if the victim’s family will file a wrongful death claim against the driver. A wrongful death claim is a personal injury lawsuit where a family member seeks money for the untimely death of his or her loved one. Often times, an accident may happen and no one is at fault. However, if an accident happens and a victim dies, the family has the legal right to sue for all accident-related expenses.

Negligence in a San Bernardino Wrongful Death Claim

All personal injury claims start with negligence. An individual or company must do something wrong to cause an accident with injuries. A plaintiff, or family member in a wrongful death claim, has the responsibility of proving that his or her loved one’s untimely death happened because of negligence.

The legal definition of negligence is the failure to do what a reasonable person would do in the same or similar situation. Therefore, a wrongful death plaintiff must show that the defendant did not act as a reasonable person would have in the same or similar circumstance.

The Four Elements Needed in a San Bernardino Wrongful Death Lawsuit

Proving negligence involves establishing four steps, or elements. These elements are:

  1. The defendant had a legal duty to protect the loved one from harm.
  2. The defendant breached the legal duty by causing an accident that killed their loved one. The breach makes the defendant negligent.
  3. The defendant’s negligence was the direct or indirect cause of the loved one’s death
  4. The family is owed money, or damages, because of their loved one’s death. Damages include funeral and burial expenses.

Contact the San Bernardino Attorneys Ready to Fight for You in Your Wrongful Death Claim

Your loved one did not have to die. He or she was killed because of another person’s negligence. If you need help getting the money you deserve, contact the injury attorneys of Sanford A. Kassel, A Professional Law Corporation immediately.

Only Specific Family Members can Sue in a San Bernardino Wrongful Death Claim

wrongful death

The families of San Bernardino attack victims have sued social media companies for wrongful death, according to a Los Angeles Times May 2017 article.

The families filed a wrongful death claim in U.S. District Court for the Southern District of California against Google and social media sites Facebook and Twitter. They allege the companies allowed the Islamic State to build an online presence and disseminate its extremist beliefs. The presence allowed it to recruit and promote attacks like the December 2, 2015 shooting at the Inland Regional Center.

In the 2015 attack, Syed Rizwan Farook and his wife, Tashfeen Malik, shot 14 people. A total of 22 people were injured during the attack. The families of some of the victims claim the social media and Internet companies allowed the posting of content supportive to Islamic State that radicalized the couple.

In other words, the defendants were liable for aiding and abetting wrongful death, international terrorism, and providing support for terror groups.

The defendants, in their response filed with the court, sympathized with the families. However, they claim no liability in the victims’ death.

What is a San Bernardino Wrongful Death Claim?

A wrongful death claim is a personal injury lawsuit filed on behalf of a loved one killed because of someone’s negligence. The lawsuit seeks to recover damages, or money, related to their loved one’s untimely death. The reason it is a wrongful death is because it is an untimely death cause by the negligent acts of a company or person.

Not every family member can sue for their loved one’s death. California personal injury law permits only certain family members to file such a claim.

Immediate San Bernardino Family Members are Allowed to File a Wrongful Death Claim

Family members or a deceased person, commonly called survivors, can file a wrongful death claim separately or jointly. Jointly refers to one of more family members filing one lawsuit together. The immediate family members, or surviving relatives, who can file a wrongful death claim are the loved one’s spouse and children.

If the Loved One had No Spouse or Children, a Wrongful Death Claim can Still be Filed

In certain situations, an individual who dies because of a negligent act may not have children or a spouse. According to California wrongful death law, a small group of family members are then allowed to file a claim. The family members next in line to file a claim are the victim’s:

  • Parents
  • Siblings
  • Children of the loved one’s siblings
  • Grandparents
  • Any lineal descendants

However, if the victim does not have any of those family members, another set of relatives can file a claim. They include:

  • Putative spouse
  • Children of the putative spouse
  • Stepchildren

When experience counts, you can trust the San Bernardino wrongful death lawyers at Sanford A. Kassel, A Professional Law Corporation.

Your family member had a long life ahead of him or her. Now you are left to pay the expenses related to your loved one’s death. Let us help you obtain the money you need to pay your loved one’s expenses. Contact us.

Termination Papers

Do I have to sign termination papers?

SANFORD A. KASSEL, A Professional Law Corporation | Signing Termination Papers

Before You Sign Termination Papers, Contact Employment Attorneys SANFORD A. KASSEL, A Professional Law Corporation; San Bernardino, California

NO, YOU DO NOT!  In fact, one should never sign anything without closely reviewing the language contained in any document. By signing termination papers (exit interview documents), you are likely waiving and giving up any potential wrongful termination claim. When you sign termination papers, you are agreeing with the reason given for your termination.

For example, if you sign termination papers stating you are being dismissed for showing up late to work, you are acknowledging that you agree by signing these papers; even if you believe you are being wrongfully terminated and unfairly singled out because of your race, sexual-orientation, gender, religious beliefs, or for being a whistle-blower.

Withholding A Final Paycheck

Many employers threaten to not provide the final paycheck unless the employee signs the exit interview/termination papers/release. This is unlawful!

It is illegal for an employer to withhold pay if you don’t sign termination papers, release, or exit interview.


“An employer shall not require the execution of a release of a claim or right on account of wages due, or to become due, or made as an advance on wages to be earned, unless payment of those wages has been made. A release required or executed in violation of the provisions of this section shall be null and void as between the employer and the employee. Violation of this section by the employer is a misdemeanor.” [Lab.C. § 206.5(a); see Woods v. Fox Broadcasting Sub., Inc. (2005) 129 CA4th 344, 357, 28 CR3d 463, 474].

“In case of a dispute over wages, the employer shall pay, without condition … all wages, or parts thereof, conceded by him to be due, leaving to the employee all remedies he might otherwise be entitled to as to any balance claimed.” [Lab.C. § 206(a).

Also, California Labor Code Section 201 (a) is worth noting:

“If an employer discharges an employee, the wages earned and unpaid at the time of discharge are due and payable immediately.”


Know Your Legal Rights–Before You Sign

If a company provides you a release, you have to evaluate if you want what your employer is offering more than what they want you to give up.

For example, if it’s a layoff and you feel like you were chosen for any illegal reason (such as race, gender, pregnancy status, etc), then signing a release saying, “I won’t sue you!” could be a big deal. Even if you are not sure whether or not you are being terminated for an illegal reason, you should seek the advice of a reputable employment attorney.

Before signing anything given at the time of termination, you should seek the advice from a knowledgeable employment lawyer who specializes in wrongful termination and unpaid wages.

Contact the Local Employment Law Experts

At the San Bernardino Employment law office of SANFORD A. KASSEL, A Professional Law Corporation we pride ourselves in our 35+ years of experience fighting for employees. To learn more about, and protect, your legal rights, call 909-884-6451.

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The Importance of Choosing an Experienced, Local, Medical Malpractice Attorney

SANFORD A. KASSEL, A Professional Law Corporation

If you, or a member of your family, has been seriously injured, because of an avoidable medical mistake, it is critical that you hire the right medical malpractice attorney to represent you.

Doctors, nurses and other health care professionals have a duty of care to their patients. When health care professionals fail in this duty and commit medical malpractice, lives can be forever altered.

An experienced, local medical malpractice attorney can be your most valuable advocate toward protecting your legal rights, and obtaining the maximum recovery for your case of malpractice.


Why is it important to hire an experienced, local medical malpractice attorney to represent you?

  • Familiarity with local trial judges, local court rules, and their court staff.
  • Familiarity with the thought processes of local jurors.
  • Access to the local resources you need to put together the best possible case, and protect your rights.
  • Reputation in the local community for outstanding medical malpractice trial skills and successful outcomes.

In making this decision, it’s important you talk with local medical malpractice attorneys to get a better sense of their qualifications and experience, as well as an idea of what it would be like if they were to handle your case.


Sanford Kassel-Local Medical Malpractice Attorney, San Bernardino, CAI am San Bernardino Medical Malpractice Attorney Sanford A. Kassel. I have been representing clients with Medical Malpractice cases in the Inland Empire since 1981. I will fight for your rights to full compensation if you or someone you love suffers a catastrophic or life-changing injury as the result of the negligence of a doctor, nurse, or other medical professional or medical facility.


Over a span of more than 35 years of practicing in Southern California, the firm of SANFORD A. KASSEL, A Professional Law Corporation, has developed strong relationships with highly-respected, well-qualified medical professionals who can review the facts of your case and determine whether competent medical care and treatment could have prevented or minimized injuries.

So, if we cannot reach a fair and full settlement out of court, we are always prepared to take your case to trial, to get the maximum compensation you are entitled to.

Our law firm has a history of success in Medical Malpractice litigation. In fact, Sanford Kassel earned the distinction of having the

Largest Medical Malpractice Verdict in the history of San Bernardino County.


Common Types of Medical Malpractice

LEARN MORE ABOUT OUR MEDICAL MALPRACTICE SERVICES…


 

No Recovery — No Fee for Personal Injury and Medical Malpractice Cases

At the law offices of SANFORD A. KASSEL, A Professional Law Corporation, we will assess the facts of your case and give you an honest opinion of what to expect if you file a Medical Malpractice lawsuit.

We take all of our Medical Malpractice cases on a contingency basis, which means you do not pay us for our services if we do not collect a settlement, or win at trial, for you. Click here to learn more about attorneys fees.

We can meet with you on weekends, or in the evenings. We will gladly meet with you in your home or at a hospital, if it is more convenient.  Call 909.884.6451, or complete our online Contact Form to request an appointment for your FREE consultation.

Unpaid Overtime

California Overtime Pay Laws | How To Recognize Unpaid Overtime

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Does your employer owe you for unpaid overtime?

California labor laws address unpaid overtime, by requiring all employers to pay overtime, whether authorized or not. In California, the general overtime provisions are that a “nonexempt” employee 18 years of age or older, or any minor employee 16 or 17 years of age who is not required by law to attend school and is not otherwise prohibited by law from engaging in the subject work, shall not be employed more than eight hours in any workday or more than 40 hours in any workweek unless he or she receives one and one-half times his or her regular rate of pay for all hours worked over eight hours in any workday and over 40 hours in the workweek. Eight hours of labor constitutes a day’s work, and employment beyond eight hours in any workday or more than six days in any workweek is permissible provided the employee is compensated for the overtime at not less than:

  • One and one-half times the employee’s regular rate of pay for all hours worked in excess of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek; and
  • Double the employee’s regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.

There are, however, a number of “exemptions” from the overtime law. An “exemption” means that the overtime law does not apply to a particular classification of employees. There are also a number of “exceptions” to the general overtime law stated above. An “exception” means that overtime is paid to a certain classification of employees on a basis that differs from that stated above.

Employees are entitled to receive overtime pay after working any hours above the maximum the law affords (usually more than 40 hours per week or over eight hours per day under California law).

A “salaried employee” must meet the test for exempt status, as defined by Federal and State Laws. Under California labor law, only “salaried employees” who fall under the “white-collar” overtime exemptions category, are excused from receiving overtime premiums. The purpose of these rules is to identify employees who execute professional, creative, design, and managerial tasks from those who are craftspeople, technicians, and others with partial real supervisory responsibilities.

 

Employers’ Attempts To Avoid Paying Overtime Wages

Many times, employers attempt to avoid paying overtime wages by intentionally misclassifying salaried employees as “exempt” from overtime pay. As stated in California’s Labor Laws, generally all “nonexempt” employees are entitled to premium pay for overtime hours. This time either amounts to: 1) time and a half for hours worked between 8 and 12 per day or 40 hours per week and for the first eight hours worked on the seventh consecutive day of work in a workweek; or 2) double time for hours exceeding 12 hour per day and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.

 

Employee Classification Laws In California

Inside sales representatives, loan consultants, IT professionals pharmaceutical sales representatives, and others work long overtime hours but are often misclassified as salaried employees and not provided premium overtime pay.  Misclassified workers are entitled to four (4) years restitution of back pay (unpaid overtime), under California law.

Before an employer can avoid paying overtime, they must first establish that workers fall under one of the following exemptions:

Executive Exemption: An executive exempt from receiving California overtime wages are those employees responsible for managing the business. This responsibility includes directing at least two employee’s workload and having the authority to hire or fire other employees or recommend hiring and firing. An executive exempt from overtime payments must regularly exercise decisions independently and predominantly engages in these duties during a workday. Lastly, an executive’s salary must not be less than two times the minimum wage (currently $9 per hour in California). Learn more about Executive Exemption

Administrative Exemption: An employee classified as administrative and exempt from receiving overtime wages is one who performs office or non-manual labor work directly connected to management policies or general business operations. These duties and responsibilities can also include work performed in the administration of a school system. An exempt administrative employee also customarily exercises discretion and independent judgment and regularly assists an executive, or performs only under general supervision. Lastly, the salary must not be less than twice the minimum wage to be classified as an exempt administrative employee. Learn more about Administrative Exemption.

Professional Exemption: An employee classified as a professional and exempt from overtime wages are those licensed and certified by the state in one of the acknowledged professions: law, medicine, dentistry, optometry, architecture, engineering, teaching, or accounting. A professional is one who primarily engages in a learned or artistic profession, independently exercises discretion and judgment, and receives a salary no less than twice the minimum wage; however, pharmacists and registered nurses are not exempt professional employees and entitled to receive overtime wage, unless they separately meet the rules for exempted executive or administrative employees. Learn more about Professional Exemption.

Inside Sales Exemption: If commissions account for less than half of a sales person’s paycheck, that person may be entitled to overtime compensation. In other words, if more than half of that employee’s compensation represents commissions, overtime can be recovered. In order to classify “commissions” as wages, an employee must principally be involved in sales activities (not manufacturing or providing a service); and the employee’s compensation must be a percentage of the product or service price sold.

Outside Sales Exemption: California law dictates that an employee classified as an outside salesperson is exempt from receiving overtime as that person “customarily and regularly works more than half their working hours away from the employer’s place of business, selling tangible or intangible items or obtaining orders or contracts for products, services or use of facilities.” Cal. Code Regs., tit. 8, § 11070, subd. 2(J). This classification is determined by how the employee actually devotes his or her time and if the employee’s practice deviates from the employer’s realistic expectations.

Computer Professional Exemption: Except as provided below in paragraph 5, under California labor laws, any employee in the computer software field who is paid on an hourly basis shall be exempt under the professional exemption, if all of the following apply:

  1. The employee is primarily engaged in work that is intellectual or creative and requires the exercise of discretion and independent judgment.
  2. The employee is primarily engaged in duties that consist of one or more of the following:  (a) The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software, or system functional specifications. (b) The design, development, documentation, analysis, creation, testing, or modification of computer systems or programs, including prototypes, based on and related to, user or system design specifications. (c) The documentation, testing, creation, or modification of computer programs related to the design of software or hardware for computer operating systems.
  3. The employee is highly skilled and is proficient in the theoretical and practical application of highly specialized information to computer systems analysis, programming, and software engineering. A job title shall not be determinative of the applicability of the exemption.
  4. The employee’s hourly rate of pay is not less than $41.00 [the rate in effect on September 19, 2000]. The Division of Labor Statistics and Research shall adjust this pay rate on October 1 of each year to be effective on January 1 of the following year by an amount equal to the percentage increase in the California Consumer Price Index for Urban Wage Earners and Clerical Workers.
  5. The exemption described above does not apply to an employee if any of the following applies:

— The employee is a trainee or employee in an entry-level position who is learning to become proficient in the theoretical and practical application of highly specialized information to computer systems analysis, programming, and software engineering.

— The employee is in a computer-related occupation but has not attained the level of skill and expertise necessary to work independently and without close supervision.

— The employee is engaged in the operation of computers or in the manufacture, repair, or maintenance of computer hardware and related equipment.

— The employee is an engineer, drafter, machinist, or other professional whose work is highly dependent upon or facilitated by the use of computers and computer software programs and who is skilled in computer-aided design software, including CAD/CAM, but who is not in a computer systems analysis or programming occupation.

— The employee is a writer engaged in writing material, including box labels, product descriptions, documentation, promotional material, setup and installation instructions, and other similar written information, either for print or for onscreen media or who writes or provides content material intended to be read by customers, subscribers, or visitors to computer-related media such as the World Wide Web or CD-ROMS.

— The employee is engaged in any of the activities set forth in nos. 1 through 4 above for the purpose of creating imagery for effect used in the motion picture, television, or theatrical industry.

Division of Labor Standards Enforcement (DLSE) – Definition of Employee in the Computer Software Field

 

How Bonuses Affect Overtime Pay

Is a bonus included in the regular rate of pay for purposes of calculating overtime?

Yes, if it is a “nondiscretionary” bonus. A “nondiscretionary” bonus is included in determining the regular rate of pay for computing overtime when it is based upon hours worked, production or proficiency.

“Discretionary” bonuses–sums paid as gifts at a holiday or other special occasions, such as a reward for good service, which are not measured by or dependent upon hours worked, production or efficiency, are not included for purposes of determining the regular rate of pay.

California Division of Labor Standards Enforcement (DLSE) – Overtime

 

State Of California DLSE – Glossary Of Terms

Many of the terms in this article were taken directly from the California Division Of Labor Standards Enforcement (DLSE) Glossary Of Terms. Listed below are a few of the key terms used here to present the overall concept of Unpaid Overtime:

bonus

Money promised to an employee in addition to the monthly salary, hourly wage, commission or piece rate usually due as compensation. Bonuses are in addition to any other remuneration rate and may be predicated on performance over and above that which is paid for hours worked, pieces made, or sales completed. A bonus may be in the form of a gratuity where there is no promise for their payment, for example, a holiday bonus at the end of the year. Additionally, a bonus may be a contractually required payment where a promise is made that a bonus will be paid in return for a specific result, such as exceeding a minimum sales figure or piece quota, or as an inducement to remain in the employ of the employer for a certain period of time. Sums earned as bonuses are wages under the definition found in Labor Code Section 200.

exempt

Exempt status deprives an employee of certain protections of the Industrial Welfare Commission Orders.

The exemption has far-reaching ramifications since exempt status deprives the employee not only of the right to overtime compensation, but also to many of the other protections afforded to nonexempt employees by such orders. Some of the protections that do not apply to exempt employees are:

Section 3, overtime premium;

Section 4, minimum wage;

Section 5, reporting time pay;

Section 7, requirement of records under the IWC Orders (but not records required by the Labor Code);

Section 9, requirement that employer furnish uniforms and equipment (except, of course, that any expenditure by an employee is recoverable under Labor Code Section 2802).

Section 10, requirement that meals and lodging amounts be limited;

Section 11, meal period requirement; and

Section 12, rest period requirement.

nonexempt

Nonexempt status means that the provisions of the Industrial Welfare Commission Orders cover an employee.

wages

All amounts for labor performed by employees of every description, whether the amount is fixed or ascertained by the standard of time, task, piece, commission basis, or other method of calculation. Labor Code Section 200(a) A “wage” is defined as money or other value that is received by an employee as compensation for labor or services performed. “Other value” could include room, board, clothes, and other benefits to which the employee is entitled as a part of his or her compensation.

workday

“Workday” is defined in the Industrial Welfare Commission Orders and Labor Code § 500 for the purpose of determining when daily overtime is due. A workday is a consecutive 24-hour period beginning at the same time each calendar day, but it may begin at any time of day. The beginning of an employee’s workday need not coincide with the beginning of that employee’s shift, and an employer may establish different workdays for different shifts. However, once a workday is established it may be changed only if the change is intended to be permanent and the change is not designed to evade overtime obligations. Daily overtime is due based on the hours worked in any given workday; and the averaging of hours over two or more workdays is not allowed.

workweek

Any seven consecutive days, starting with the same calendar day each week beginning at any hour on any day, so long as it is fixed and regularly occurring. “Workweek” is a fixed and regularly recurring period of 168 hours, seven consecutive 24-hour periods. An employer may establish different workweeks for different employees, but once an employee’s workweek is established, it remains fixed regardless of his or her working schedule. An employee’s workweek may be changed only if the change is intended to be permanent and is not designed to evade the employer’s overtime obligation.

State Of California, Division Of Labor Standards Enforcement (DLSE) – Glossary

 

 

Are You Owed Unpaid Overtime Wages? Contact A San Bernardino Overtime Wage Collection Attorney

Contact the Employment Attorneys at SANFORD A. KASSEL, A Professional Law Corporation, if you feel you are due unpaid overtime wages in Orange County, San Bernardino County, or any other Southern California place of employment. Our office has over 30 years experience with Employment Law cases. We can answer your questions, and help you determine the best course of action to take. Call 909.884.6451, today. We offer free consultations to those facing unfair treatment in the California workplace.

In addition, if your employer fires you, or discriminates or retaliates against you, in any manner whatsoever, for filing or threatening to file a wage claim, you may have the grounds for filing a Discrimination or Wrongful Termination lawsuit against your employer. Please contact us to schedule an appointment for your FREE consultation with one of our experienced San Bernardino-based Employment Law Attorneys. Online Contact Form.

 

 

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What Is Distracted Driving?

What Is Distracted Driving?

Distracted driving is any activity that could divert a person’s attention away from the primary task of driving. All distractions endanger driver, passenger, and bystander safety. These types of distractions include:

  • Texting
  • Using a cell phone or smartphone
  • Eating and drinking
  • Talking to passengers
  • Grooming
  • Reading, including maps
  • Using a navigation system
  • Watching a video
  • Adjusting a radio, CD player, or MP3 player

But, because text messaging requires visual, manual, and cognitive attention from the driver, it is by far the most alarming distraction.

  • 71% of teens and young people say they have composed/sent SMS messages while driving.
  • 78% of teens and young adults say they have read an SMS message while driving.

The best way to end distracted driving is to educate all Americans about the danger it poses.

If you don’t already think distracted driving is a safety problem, please take a moment to learn more. And, as with everything on Distraction.gov, please share these facts with others. Together, we can help save lives.

 

SANFORD A. KASSEL, A Professional Law Corporation: San Bernardino Personal Injury Lawyers

GET THE FACTS…

 

-Public Service Publication from NHTSA (National Highway Traffic Safety Administration)

 

Types Of Distracted Driving

There are three main types of Distracted Driving:

  • Manual: taking your hands off the wheel (such as reaching for a cell phone, dialing and texting)
  • Visual: taking your eyes off the road (such as reading an electronic device, or map)
  • Cognitive: taking your mind off driving (such as being engrossed in a conversation, or reading a text or email)

 

Dangers Of Distracted Driving

According to National statistics, in 2012, approximately 3,328 people were killed and 421,000 people were injured on our Nation’s roadways due to distraction-related accidents. These are known cases where the cause of accident was due to Distracted Driving. Driver’s under the age of 20 account for the largest proportion of distracted drivers who cause accidents. 10% of all driver’s under the age of 20 who were involved in “fatal” crashes, were reported to be distracted at the time of the accident.

Greg Fitch, Sr. Research Associate, VTTI-Truck and Bus Safety, with cell phone with anti-texting message.

Image Source: VTTI | Greg Fitch, Sr. Research Associate, VTTI-Truck and Bus Safety, with cell phone with anti-texting message.

“Five seconds is the average time your eyes are off the road while texting. When traveling at 55mpg, that’s enough time to cover the length of a football field blindfolded.”

“Headset cell phone use is not substantially safer than hand-held use.”

“Engaging in visual-manual subtasks (such as reaching for a phone, dialing and texting) associated with the use of hand-held phones and other portable devices increased the risk of getting into a crash by three times.”

-VTTI (Virginia Tech Transportation Institute, 2009)

The use of cell phones has been reported in 18% of distraction-related fatalities. It doesn’t matter whether the phone is being held to the ear, or being used hands free, studies have shown that “inattention blindness” impairs a driver’s reaction times, often resulting in crashes.

“At any given daylight moment across America, approximately 660,000 drivers are breaking the law, by holding a cellphone up to their ear, or manipulating electronic devices while driving, a number that has held steady since 2010.” – NOPUS (National Occupant Protection Use Survey, #811719)

Distracted Driving Related Accidents

  • Motor Vehicle Accidents
  • Pedestrian-Vehicle Accidents

 

Contact An Experienced Southern California Injury Accident Attorney

If you have been injured due to the negligence of a Distracted Driver, or if someone you care about has been injured, or tragically killed due to a Distracted Driving-related crash, you will need the guidance of a skilled and trusted Personal Injury Lawyer. These types of cases can be very complex, and insurance companies will be hesitant to pay out maximum compensation. At SANFORD A. KASSEL, A Professional Law Corporation, we work with a top-notch team of legal experts, to build the best possible case in support of your claim. Call our San Bernardino office today, 909.884.6451, and ask to speak with one of our Personal Injury Attorneys. You may also use our online Contact Form, to send us an email, and we will be in touch with you right away.