
If you have been in a Motorcycle, Car, Truck, or Other Personal Injury Accident ANYWHERE in The State of California, call me now 24 hours per day, 7 days a week, for a free consultation at 800-816-1Law (800-816-1529), Extension 1
Welcome, my name is Norman Gregory Fernandez, Esq. I am a California Personal Injury Lawyer.
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I created this Personal Injury Blog to provide general Califoria Personal Injury Information to the public.
If you wish to contact me or submit articles, you may do so by sending me an email to law@norman-law.com. I offer free consultations by telephone on California Personal Injury Matters!
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The Biker and Motorcycle Lawyer Blog / Blawg, the Biker and Motorcycle Related Legal Articles Blog, the Motorcycle Safety Tips Blog, the Link Blog, the Motorcyle and Biker Ride Reports Blog, the California Personal Injury Lawyer, Attorney, Blog, and the Southern California Family Law Blog / Blawg is published by Attorney Norman Gregory Fernandez, Esq., and The Law Offices of Norman Gregory Fernandez & Associates, as an educational resource only. None of the material on this site is expressly or impliedly meant to provide legal advice to you in any way shape or form. Since the material on this site is provided for educational use only, and laws continuously change from time to time, the author of this website neither expressly nor impliedly warrants that any of the material provided on this website is accurate. If you have a legal issue we strongly suggest that you contact a lawyer in your State for a legal consultation. If you are in the State of California, you may contact The Law Offices of Norman Gregory Fernandez & Associates for a consultation on your matter. No attorney / client relationship shall be expressly or impliedly created between Attorney Norman Gregory Fernandez, Esq., or The Law Offices of Norman Gregory Fernandez and you, by the publishing of articles on this site, nor should you interpret that any such relationship has been created by the publishing of any content on this site.
All articles related to Biker Safety are provided for educational use only, and constitute expressions of opinions and advice of the author only. Attorney Norman Gregory Fernandez and The Law Offices of Norman Gregory Fernandez shall assume no liability whatsoever for your reliance on any of articles contained herein, nor should you rely on said articles as statements of fact.
Many people live their lives with pre-existing medical conditions such as: Bad knees; degenerative conditions in the back, previous broken bones that have healed, etc.
Are you entitled to recover for damages in a personal injury accident when a pre-existing medical condition is exacerbated? Yes!
The Egg Shell Skull Theory
The Egg Shell Skull Theory goes something like this. Let’s say Humpty Dumpty, who has a skull as thin as an egg shell, is driving, and gets into a car accident that is not his fault. His skull being as thin as an egg shell shatters into a million pieces so that all of the king’s horses and all of the king’s men could not put his head together again. Can Humpty Dumpty recover for his injuries considering the fact that he had a skull as thin as an egg shell, which is not normal for human beings? Yes!
The law of personal injury in a nutshell (not to be confused with egg shell) makes persons who are negligent, liable for injuries that they cause that are reasonably foreseeable. The case law on the subject has concluded that it is reasonably foreseeable that persons who are injured may have pre-existing conditions, or deformities, and that a negligent person must take the injured person as they find them. Hence Humpty Dumpty is entitled to a recovery eventhough is head is as thin as an egg shell.
I am sure that many of you have heard the term “Black Box” data recorders which are usually associated with airplanes and airplane accidents.
Did you know that many manufacturers are now installing Black Box Data Recorders in Cars? probably not. Black Box data recorders have been put into cars for years now and nobody knows it, or it has been kept very low key; now you know.
Black Box data recorders in cars can give data such as speed at the time of an accident, gear position, braking position, direction of car, whether seatbelts were being worn, etc.
Obviously this type of data is huge for personal injury lawyers such as me. It can help get around the he said, she said, arguments for who as at fault in an auto accident, and get right to the root of actual fault. Many Personal Injury lawyers do not even know about Black Boxes being installed in cars.
There is one dilemma when it comes to Black Boxes in cars; your right to privacy is out the window. It can be predicted in the future that GPS enabled black boxes will allow Big Brother to track your movements, and potentially even disable your car.
You can read a couple of stories about Black Boxes in cars by clicking here, and by clicking here.
Technology can be good and bad. In the hands of the wrong people, it can be used to usurp the freedoms we so love in the United States. I say cast a weary eye on anyone who wants to use fear as a motive to get us as Americans to give up the freedoms that generations of us have fought and died for.
The least the car companies could do is to let us know if a Black Box is installed in our car, and to let us know what its capabilities are. As a matter of fact I think it should be legally mandated that we as consumers be notified by car manufactures if a Black Box is installed in our car.
Like I said above, the technology can be good, and it can be bad if misused by those who would seek to take our freedoms and right to privacy away. Let us have the choice.
By Norman Gregory Fernandez, Esq., © 2007