02 September 2020

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How to Find a Personal Injury Attorney?

If you are in an accident and need legal assistance, have you ever wondered just HOW to find the right Injury Attorney for you? Although all attorneys in California must meet certain standards in order to practice law, such as passing the State's Bar Exam (one of the hardest in the nation), not all attorneys are the same. Find out your attorney's background and training. See if they will be personally handling your case, or will they be turning it over to a junior associate or law clerk. Below are some of the ways to find a qualified attorney for your...

16 January 2020

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Can You Receive Moving Violation Points On Your Driving Record In California For Cell Phone Use While Driving?

Posted by StearmanLaw

in Our Blog

Prior to January 1, 2020, violation of California Vehicle Code Sections 23123(a), 23123.4(a) or 23124(b) pertaining to the operation of, or holding of a cell phone while driving, if not used in hands free manner, would NOT result in a moving violation point on your driving record. CVC Section 23123(a) provides: "A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving." CVC Section 23123.5(a) provides: "A person shall not drive a motor vehicle while holding and operating...

20 November 2019

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Tenant Protection Act of 2019

Posted by StearmanLaw

in Our Blog

Recently, California's Governor Gavin Newsom signed into law AB 1482, which is set to take effect January 1, 2020. The new law as been added to the California Code of Civil Procedure as Code Sections 1946.2, 1947.12 and 1947.13 and has been named the "Tenant Protection Act of 2019." These new laws basically provide for "rent control" for the entire state of California regarding rental property. Of course, like any other law, there are certain exceptions to the law. In October of this year, the California Rental Housing Association put out an excellent article about the provisions of the law. The...

16 January 2019

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What to Expect After a Scooter Accident in California

Posted by StearmanLaw

in Our Blog

Rideshare-style electric scooters can be found throughout many cities in California. Residents have the ability to manage the vehicle through a mobile application and drop them off at other locations when they are done riding. Scooters allow individuals to get where they need to go while minimizing pollution. Plus, they are really fun. But any personal injury lawyer in California knows that they can also be dangerous. In general, people ride the scooters without helmets on pedestrian sidewalks. This can be hazardous to anyone whether on foot or by scooter. Even though riders should stick to the streets, some are frightened by...

13 January 2019

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What to Do When Your New Year’s Resolution is Divorce

Posted by StearmanLaw

in Our Blog

It's a new year. If you are like many people, you have sworn to realize a new you. But what if that resolve is to file for divorce? It's more common than you think. Family law attorneys in Orange County see a higher influx of divorce filings in January than in any other month. Simply put, you are not alone. You are also likely planning your approach. The 2 most common questions people have prior to forging ahead are: How Do I Create the Best Environment for Divorce? –and— Should I Get a California Divorce Attorney? In this article, I will address...

06 March 2018

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New California Vehicle Code Sections On Smoking or Ingesting Marijuana While Driving- Either as Driver or Passenger

Posted by StearmanLaw

in Our Blog

California amended their Vehicle Code to include violations for smoking or ingesting marijuana (or any marijuana product) while driving a motor vehicle or while being a passenger in a motor vehicle. Violation is an infraction- which is treated the same as a traffic ticket. Commencing January 1, 2018, California Vehicle Code Sections 23220 and 23221 now state: California Vehicle Code Section 23220 (a) A person shall not drink any alcoholic beverage or smoke or ingest marijuana or any marijuana product while driving a motor vehicle on any lands described in subdivision (c). (b) A person shall not drink any alcoholic beverage or smoke or ingest...

13 November 2017

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Liability of Social Host in California

Posted by StearmanLaw

in Our Blog

Prior to January 1, 2011, a social host who furnished alcoholic beverages to any person would have no liability for damages sustained by that person or for injury to the person or property of, or death, of any 3rd person resulting from the consumption of those alcoholic beverages. The court reasoned that it was not the furnishing of alcohol that was the proximate cause of injuries or death to the intoxicated person, but rather it was that person's consumption of alcohol that was the proximate cause. However, that law was amended in 2011. Effective January 1, 2011, California Code of Civil...

02 February 2017

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Mandatory Reporting Of Accident To Law Enforcement And DMV- Increase in Property Damage Minimum Effective 1/1/2017

Posted by StearmanLaw

in Our Blog

In California, pursuant to California Vehicle Code section 20008, any driver of a vehicle (or their representative) that is involved in a auto accident which results in injuries or death of any other person (other than himself or herself and whether it is a driver, passenger, bicyclist, pedestrian or motorcyclist) is mandated to make a written report of the accident to the police department in which the accident occurred or to the California Highway Patrol within 24 hours. Further, the driver is required to give their name, current residence address, the names and current residence addresses of any occupant of...

09 June 2016

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DRUNK DRIVING (DUI)

Posted by StearmanLaw

in Our Blog

We’ve all heard horror stories about the inherent dangers in drunk driving. Getting behind the wheel of a car while inebriated is risky – for yourself and for others. However, while the laws are written in black and white, life is not so polar. There are many extenuating circumstances that may lead to such a conviction. Difficult situations may seem to fly out of left field, and people make mistakes. It’s only human. In dealing with the legal side of drunk driving, it’s important to find a lawyer who knows that just breaking a law doesn’t make you a “bad person”...

03 June 2016

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Do You Need a Personal Injury Attorney After an Accident?

Posted by StearmanLaw

in Our Blog

Is a personal injury attorney necessary after an accident? People with insurance often think that attorneys are unnecessary after an accident because “my insurance company will handle it.” They believe that because they pay an insurance company monthly that company works for them. It seems a waste to involve an attorney. The only problem with this is that insurance companies work for stockholders, not the people who pay them premiums. To the insurance company they are being paid for a service. Their real goal is profit. When an insurance company goes to settle on your behalf they are not looking...