Sacramento Pedestrian Accident Lawyer

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Expert Pedestrian Accident Attorneys in Sacramento, CA

At Arnold Law Firm Accident & Injury Attorneys, we understand how devastating pedestrian accidents can be. As experienced Sacramento pedestrian accident attorneys, we are dedicated to providing the legal support victims need to secure the compensation they deserve. It’s essential to hire a skilled lawyer after a pedestrian accident, as these cases often involve complicated factors like liability disputes and insurance claims.

Our team has extensive expertise handling pedestrian accident cases in Sacramento and is committed to guiding you through the legal process with care and professionalism. If you or a loved one has been injured in a pedestrian accident, contact us for a free consultation. See what our clients have to say here.

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What To Do After a Pedestrian Accident

If you’ve been hit by a car in Sacramento, knowing the right steps to take immediately after the accident is essential. Here’s a guide to help you navigate this challenging situation:

  1. Prioritize Safety and Seek Medical Attention: Your health is the most important factor after a crosswalk accident. If you’re injured, call for emergency help right away. Even if you feel fine, it’s crucial to get a medical evaluation, as some injuries may not manifest symptoms immediately.
  2. Notify the Authorities: Contact local law enforcement to report the accident. The police will document the incident and create an official accident report, which can be vital evidence for your pedestrian accident claim.
  3. Collect Evidence: If you’re able to do so, gather as much evidence as possible at the scene. Take photos of your injuries, the accident site, and any damages. Collect contact details from witnesses and the driver involved in the car vs. pedestrian accident.
  4. Be Cautious with Insurance Companies: After the accident, insurance adjusters may reach out to you. Avoid providing any statements or accepting quick settlement offers before consulting with a pedestrian injury lawyer. Insurance companies often seek to minimize payouts and may not offer compensation that reflects the true value of your personal injury claim.
  5. Consult a Sacramento Pedestrian Accident Lawyer: Engaging with a knowledgeable Sacramento pedestrian accident attorney as soon as possible can help protect your rights and strengthen your case. At Arnold Law Firm Accident & Injury Attorneys, our dedicated team is here to guide you through the complexities of your case and ensure you receive the compensation you deserve. Contact us today for a free case evaluation.

Who Is Considered a Pedestrian in California?

In California, the definition of a pedestrian encompasses anyone traveling on foot. This includes walkers, joggers, and individuals using mobility aids such as wheelchairs. Additionally, those using skateboards, scooters, or other non-motorized devices may also qualify as pedestrians under specific circumstances. Understanding who is considered a pedestrian is crucial when assessing liability in incidents like a crosswalk accident or a hit and run scenario.

California’s traffic laws prioritize pedestrian safety, but accidents involving distracted drivers or unsafe conditions can lead to serious injuries. Whether you are a pedestrian hit by a car in Sacramento or have experienced another type of personal injury, knowing your rights is vital. As your Sacramento pedestrian accident attorney, Arnold Law Firm Accident & Injury Attorneys is here to help you navigate the complexities of your case and advocate for the compensation you deserve.

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Why Should I Hire a Pedestrian Accident Attorney in Sacramento?

Navigating the legal landscape of pedestrian accident cases can be daunting, particularly due to the complexities surrounding liability and insurance claims. When you’ve experienced a vehicle-pedestrian collision or a sidewalk accident, the stakes are high, especially if you’ve suffered severe pedestrian injuries or are dealing with the aftermath of a pedestrian fatality. Hiring a knowledgeable Sacramento pedestrian accident lawyer can be a crucial step toward securing the compensation you deserve. Here are several reasons to consider working with Arnold Law Firm Accident & Injury Attorneys:

  • Proving Fault and Liability: Determining fault in a jaywalking accident or pedestrian right of way accident can often involve multiple parties and conflicting accounts. Our skilled pedestrian accident attorneys meticulously investigate the circumstances surrounding your case, gathering vital evidence to establish the negligent driver’s liability.
  • Dealing with Insurance Companies: Insurance companies frequently attempt to minimize payouts and may dispute claims related to pedestrian accidents. With an experienced pedestrian accident lawyer advocating for you, we can handle negotiations, ensuring that your pedestrian accident claim covers not only immediate medical expenses but also future costs, lost wages, and emotional distress.
  • Maximizing Compensation: At Arnold Law Firm Accident & Injury Attorneys, we are dedicated to helping you secure the compensation you deserve. Our attorneys are adept at assessing the full impact of your injuries, including any long-term effects, to ensure that your settlement adequately addresses both current and future needs.
  • Expertise in Local Traffic Laws: Understanding California’s traffic laws is vital in pedestrian accident cases. Our firm is well-versed in local regulations, enabling us to leverage this knowledge to build a strong case in your favor, whether you’re facing challenges related to roadway pedestrian safety or proving your rights as a non-motorist.

If you or a loved one has been affected by a pedestrian accident, don’t hesitate to reach out. Contact Arnold Law Firm Accident & Injury Attorneys today for a free consultation. Let us be your advocates in securing the justice and compensation you deserve.

How Long Does It Take To Settle a Pedestrian Accident Case?

The timeline for settling a pedestrian accident claim can vary significantly based on several factors. In many cases, pedestrian accident lawsuits may be resolved within a few months, while more complex cases, especially those involving severe injuries, can extend for much longer.

Key factors influencing the settlement timeline include:

  • Severity of Injuries: When victims suffer severe pedestrian injuries, the recovery process can take considerable time, as medical treatments and rehabilitation often extend the timeline for settlement discussions.
  • Liability Disputes: If there are disagreements regarding who is at fault for the accident, particularly if a distracted driver is involved, this can complicate and prolong the settlement process.
  • Negotiations with Insurance Companies: Engaging with insurance companies can be a lengthy process, especially if the initial settlement offer is low. Our Sacramento pedestrian accident attorneys are dedicated to advocating for your pedestrian rights and ensuring that you receive fair compensation for your injuries.

At Arnold Law Firm Accident & Injury Attorneys, we prioritize both the speed and efficacy of your claim resolution. While we strive to settle your case promptly, we will not compromise on the compensation you deserve.

What Is the Average Settlement for a Pedestrian Hit by a Car?

The settlement amount for a pedestrian hit by a car can fluctuate significantly based on various factors unique to each case. In general, settlements for pedestrian accidents often range from $15,000 to $75,000, with higher amounts possible for more severe injuries.

Factors that influence the average payout include:

  • Severity of Injuries: Cases involving crosswalk injuries or those resulting in long-term disabilities typically yield higher compensation due to increased medical costs and rehabilitation needs.
  • Medical Expenses: The total cost of medical treatments and ongoing care plays a crucial role in determining settlement amounts.
  • Lost Wages and Pain and Suffering: Compensation may also account for lost earnings and the emotional toll associated with the accident, particularly in urban pedestrian accidents involving a negligent driver.

In tragic situations involving pedestrian fatalities, settlements can reach into the hundreds of thousands or even millions of dollars. The dedicated team at Arnold Law Firm Accident & Injury Attorneys is committed to advocating for your rights and ensuring you receive fair compensation for your personal injury claim. 

What Is the Average Payout for a Pedestrian Hit by a Car in California?

In California, the average payout for pedestrian accidents tends to exceed the national average, primarily due to the state’s elevated cost of living and medical expenses. For serious injuries sustained in a non-motorist accident, such as traumatic brain injuries or spinal cord injuries, settlements can range from $100,000 to several million dollars.

Factors influencing these amounts include the severity of injuries, medical expenses, and the overall impact on the victim’s quality of life. For instance, cases involving foot traffic accidents caused by a negligent driver may yield higher payouts, especially if the injuries lead to long-term disability or significant medical treatment.

Additionally, the commitment to pedestrian safety and advocacy in California contributes to ensuring victims receive fair compensation for their suffering. Overall, understanding the intricacies of pedestrian accident settlements can greatly affect the outcome of your settlement claim. If you’ve been involved in such an incident, consulting with a skilled Sacramento pedestrian accident lawyer can help you navigate the complexities and secure the compensation you deserve.

What Happens If You Hit a Pedestrian With Your Car in California?

In California, motorists who hit a pedestrian can face significant legal repercussions. The state operates under a “fault” system, meaning the party deemed responsible for the accident is liable for damages. If a driver is found to be negligent—whether due to distracted driving, speeding, or ignoring pedestrian right-of-way laws—they may be held accountable for the pedestrian’s medical expenses, lost wages, and pain and suffering.

Moreover, in severe cases, especially those resulting in pedestrian fatalities, the driver may face criminal charges, which can include vehicular manslaughter. This highlights the critical importance of pedestrian advocacy and prevention measures to enhance roadway safety.

If you find yourself involved in a pedestrian accident, consulting with a knowledgeable Sacramento pedestrian accident lawyer is essential to navigate the complexities of liability and secure the compensation you deserve.

WE FIGHT FOR YOUR MAXIMUM INJURY COMPENSATION

How the Freedom to Walk Act Affects Pedestrian Accident Claims in California

California’s Freedom to Walk Act, which went into effect on January 1, 2023, has changed the way jaywalking is treated under the law. Previously, pedestrians could be cited simply for crossing outside of a marked crosswalk, even if their actions posed no real danger. Under the new law, pedestrians can legally cross outside of designated crosswalksas long as the crossing is safe and does not create an immediate hazard for drivers or others on the road.

This change matters when it comes to pedestrian accident claims. In the past, if a pedestrian was struck by a vehicle while jaywalking, they were often assigned partial fault for the crash. Now, if the pedestrian crossed responsibly, the law provides stronger legal grounds to pursue full compensation—even if the crossing didn’t occur in a marked crosswalk.

At Arnold Law Firm Accident & Injury Attorneys, our Sacramento pedestrian accident attorneys are well-versed in how this law impacts liability in personal injury claims. We examine every detail of the case, including how, where, and when the pedestrian was crossing, and whether the driver acted with due care.

If you were injured while walking in Sacramento—whether at a crosswalk or not—you may still have a strong claim, especially if the driver was distracted, speeding, or failed to yield. Contact us today for a free consultation to better understand your rights under California’s updated pedestrian laws.

Common Causes of Pedestrian Accidents in Sacramento

Pedestrian accidents in Sacramento frequently result from a mix of driver negligence and pedestrian errors. Understanding these common causes is essential for enhancing safety on our streets:

  • Distracted Driving: One of the leading causes of pedestrian accidents, distracted driving includes activities such as texting, talking on the phone, or adjusting the radio. According to recent statistics, distracted drivers are significantly less likely to notice pedestrians, increasing the risk of accidents.
  • Speeding: Excessive speed reduces a driver’s ability to stop quickly, making it more challenging to avoid a pedestrian in the road. In Sacramento, speed-related accidents are a substantial concern, particularly in high-traffic areas.
  • Failure to Yield at Crosswalks: California law requires drivers to yield to pedestrians in crosswalks. Unfortunately, many drivers ignore this obligation, leading to serious crosswalk injuries.
  • Jaywalking: Pedestrians crossing the street outside of designated crosswalks place themselves at greater risk. Jaywalking increases the likelihood of accidents, especially in busy urban environments.
  • Drunk Driving: Impaired drivers often struggle to recognize pedestrians, resulting in delayed reactions and an increased risk of collision. Drunk driving remains a significant contributor to pedestrian accidents in Sacramento.

If you or a loved one has been affected by a pedestrian accident, consulting with a knowledgeable Sacramento pedestrian accident attorney can help you understand your rights and seek the compensation you deserve.

Where Do the Majority of Pedestrian-Motorist Crashes Occur?

Pedestrian accidents frequently occur in specific locations where foot traffic and vehicles converge. Understanding these common accident sites can help raise awareness and promote pedestrian safety in Sacramento.

  • Intersections: Many pedestrian accidents happen at intersections, especially when vehicles fail to yield the right of way. These locations can be particularly dangerous during rush hours when traffic volume is high.
  • Crosswalks: While crosswalks are intended to provide safe passage for pedestrians, they are often the site of accidents, including crosswalk accidents. Drivers may ignore traffic signals or be distracted, leading to serious injuries when a pedestrian is hit by a car.
  • Urban Areas: In Sacramento’s bustling urban environments, the likelihood of pedestrian accidents increases due to a higher concentration of both pedestrians and vehicles. Sidewalks that suddenly end or poorly marked crosswalks can contribute to these incidents.
  • Poorly Lit Streets: Areas with inadequate lighting pose significant dangers for pedestrians, as drivers may struggle to see them until it’s too late. These poorly lit streets are often hotspots for hit and run accidents.

If you’ve been involved in a pedestrian accident, seeking guidance from a skilled pedestrian injury lawyer is crucial to understanding your rights and pursuing the compensation you deserve.

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Why Choose Arnold Law Firm Accident & Injury Attorneys As Your Pedestrian Accident Lawyers?

At Arnold Law Firm Accident & Injury Attorneys, we have extensive experience in representing victims of pedestrian accidents in Sacramento. Our dedicated team understands the complexities of these cases, including the challenges posed by insurance companies and the need for thorough evidence collection. With a proven track record of success and a commitment to client advocacy, we strive to secure the compensation our clients deserve for their personal injuries.

  1. Experienced Representation: Our team of Sacramento pedestrian accident attorneys has decades of experience navigating the intricacies of pedestrian accident claims. We are well-versed in the laws surrounding vehicle-pedestrian collisions, including cases involving hit and run incidents and crosswalk accidents. Our expertise ensures that you receive knowledgeable and effective representation throughout your case.
  2. Client-Centered Approach: At Arnold Law Firm Accident & Injury Attorneys, we prioritize our clients’ needs and concerns. We take the time to understand the unique circumstances surrounding each case, whether it involves a jaywalking accident or a sidewalk accident. This tailored approach allows us to create a strategy that best addresses your situation and maximizes your chances of success.
  3. Proven Success: Our firm has a history of securing significant settlements for clients who have suffered injuries in pedestrian accidents, including those facing severe injuries or even pedestrian fatalities. We work tirelessly to ensure our clients receive appropriate compensation for their medical expenses, lost wages, and pain and suffering. Our track record speaks to our commitment to achieving positive outcomes.
  4. Comprehensive Legal Support: Dealing with the aftermath of a pedestrian accident can be overwhelming. Our pedestrian injury lawyers handle every aspect of your case, from negotiating with insurance companies to gathering evidence and proving liability. Our comprehensive legal support allows you to focus on your recovery while we advocate for your rights and pursue your pedestrian accident lawsuit.

Choosing Arnold Law Firm Accident & Injury Attorneys means choosing a partner dedicated to your well-being and success. If you or a loved one has been hit by a car or involved in a car vs. pedestrian accident, don’t hesitate to reach out. 

Contact Our Sacramento Pedestrian Accident Attorneys Today

If you’ve been involved in a pedestrian accident, recovery can be tough. At Arnold Law Firm Accident & Injury Attorneys, we understand the emotional and financial strain these incidents impose on victims and their families. As a trusted choice in Sacramento, our dedicated team is ready to help you navigate the legal process and secure the compensation you deserve.

With years of experience in pedestrian accident claims, our attorneys are well-versed in California law and insurance negotiations. We pride ourselves on our client-centered approach, ensuring you feel prioritized and supported from the moment you reach out. Our goal is to secure compensation for your medical expenses, lost wages, and pain and suffering while providing peace of mind during this difficult time.

Schedule Your Free Consultation

If you or a loved one has been injured in a pedestrian accident, don’t hesitate to contact us for a free consultation. We’ll assess your case and discuss your legal options. Fill out our online form or call us directly. At Arnold Law Firm Accident & Injury Attorneys, we believe you shouldn’t face the aftermath of an accident alone. Taking action is the first step toward recovery. Reach out to our Sacramento pedestrian accident attorneys today to start building a strong case for your future.

LATEST NEWS

Treble Damages in California Trucking Cases

California law provides a specific statutory remedy for victims injured by impaired commercial vehicle drivers when their employers fail to meet federal safety requirements. Understanding when treble damages apply—and how they differ from standard punitive damages—is crucial for truck accident victims seeking maximum compensation. What Are Treble Damages? Treble damages allow injured parties to recover three times their actual damages under specific legal circumstances. In California trucking cases, this remedy is narrowly defined and differs significantly from general punitive damages available in other personal injury cases. California Civil Code § 3333.7: Statutory Treble Damages Requirements for Recovery Under California Civil Code § 3333.7, injured parties may recover treble damages from a commercial motor vehicle driver’s employer when all of the

California Trucking Accidents: Standards of Care

California law establishes different standards of care for trucking operations depending on the type of service provided. While most commercial trucking companies transporting freight are subject to ordinary negligence standards, federal motor carrier safety regulations impose enhanced duties that can significantly affect liability in truck accident cases. Key Takeaways: Commercial carriers of goods generally DO NOT have the duty of “utmost care” Federal Motor Carrier Safety Regulations (FMCSRs) DO create heightened standards in specific situations Large truck drivers must exercise greater caution than ordinary motorists Licensed motor carriers have nondelegable safety duties Common Carrier Standard: When Does “Utmost Care” Apply? The Enhanced Duty for Passenger Transportation California Civil Code section 2100 requires carriers of persons for reward to use “the

Punitive Damages in California Personal Injury Cases

What Are Punitive Damages? Punitive damages are extra money a court can order a wrongdoer to pay, on top of the money that compensates an injured person for medical bills, lost wages, and pain and suffering. The main goal of punitive damages is not to repay the victim, but to punish especially bad behavior and to discourage similar conduct in the future. Think of punitive damages as a financial penalty for conduct that is much worse than ordinary carelessness. In California, punitive damages are not common. They are reserved for cases where the defendant’s conduct is particularly harmful, intentional, or shows a conscious disregard for the safety or rights of others. Most personal injury cases involve simple negligence (for example,

Settlement - $3,900,000

Car Accident

The fatal collision between plaintiff’s Jeep Liberty and defendant’s Volvo truck left Ryan Eisenbrandt’s surviving wife and parents with a judgment of $3.9 million, but the defendant’s insurance company refused to pay. This resulted in a second, intense legal battle between Plaintiffs and Defendant’s insurance company.

During the pendency of the wrongful death case, Defendant’s insurance company had filed a federal court action to rescind the defendants $1,000,000 insurance policy, claiming that defendant had made misrepresentations when applying for that policy. Initially, the federal court agreed with the insurance company, granting summary judgment that effectively denied recovery to the Eisenbrandts given the defendant was otherwise insolvent. The Arnold firm and the Eisenbrandts refused to accept this unfair outcome. They appealed the federal judge’s ruling to the Ninth Circuit Court of Appeals. The Ninth Circuit reversed the lower court and sent the case back to the same federal judge for a trial on the merits.

Christine Doyle of the Arnold Firm tried the case in February 2011 in front of the same judge who had previously thrown out the Eisenbrandt’s case. A unanimous advisory jury and the trial judge, after hearing the true facts about the insurance company’s effort to avoid responsibility, found in the Eisenbrandts favor. After four years of fighting for what is right, the insurance company was ordered to pay up.

Settlement - $8,000,000

Truck Accident

Morgan Stanley Class Action Data Breach Settlement Attained by the Arnold Law Firm

Late one spring afternoon, the Arnold Law Firm received a call from Angela, a young mother of three. She was calling from the hospital where her husband Christopher had been air-lifted for treatment of severe injuries from a tragic motor vehicle accident earlier that day. Angela’s mother, a past client of our firm, had encouraged her to give us a call.

As it turns out, Angela’s prompt contact with us was a very important decision for their family. Immediate representation allowed our team to secure critical evidence right away — appropriate storage and analysis of the vehicle to avoid tampering, timely professional photography of the scene, and interviews of involved parties — which ended up being imperative to the details of Christopher’s case.

A commercial vehicle had failed to stop at a rural stop-sign intersection, colliding with the compact sedan driven by Christopher, an active 33-year-old father. The impact caused extensive damage to his spinal cord in the cervical area. Despite multiple surgeries, rehabilitation programs for physical and psychological therapy, and in-home care, his injuries rendered him a paraplegic, paralyzed from the mid-chest. In an instant, life as he had known it was gone forever.

At the time of the accident, the at-fault driver of the commercial vehicle was acting within the scope of his employment with a large corporation. With the employer being directly liable, as such, defense counsel fought hard to minimize Christopher’s damages, claiming that his being unemployed at that time devalued his losses. Our legal team made sure Christopher’s true losses were represented, including his potential income, his options and mobility, his ability to provide for and support his family, and the lifetime of care he now needed. Christopher’s injuries also dramatically affected his spouse’s daily life, resulting in a claim on her behalf.

Furthermore, the extent of Christopher’s injuries were, in part, due to defects involving the dual-restraint system in his own vehicle. Despite the manufacturer’s efforts to deny any responsibility, the Arnold Law Firm established negligence relevant to his case.

The result was a settlement of $8 million — the largest pre-trial settlement for this type of case in the region. Christopher now has the resources to receive the ongoing care he now requires, improve the quality of his life and take care of his young family.

Verdict - $10,200,000

Motorcycle Accident

The Arnold Law Firm is pleased to report that our attorneys received a $10.2 million verdict handed down in Modesto. Defense counsel was Kevin Cholakian of San Francisco. The defense rejected a 998 within the $1 million policy limits three years ago. The highest defense offer was $350k.

The case involved a blind corner dirt fire road collision between a truck driven by the defendant and a motorcycle driven by the plaintiff Dan Nixon. THe plaintiff had no recollection of the collision. The defendant claimed that the plaintiff had too much speed for the corner and lost control. The plaintiff’s son (who identified the wrong curve in discovery) claimed that the defendant was on the wrong side of the curve, causing his dad to make an unsuccessful emergency maneuver. The jury assessed 70% fault to the defendant and 30% to plaintiff.

The plaintiff, now 50-years-old, suffered a dislocated right knee with popliteal artery rupture which has left him with an unstable knee, and permanently damaged lower leg. Because of vascular damage he is not a candidate for knee reconstruction or replacement. The plaintiff’s treating doctors testified that he will require an above knee amputation within 20 years. Past lost wages were $78,000 and past medicals were $570,000. The jury awarded $7.5 million in general damages (3 m. past and 4.5 m. future) as well as all future economic damages asked for by the plaintiff. The jury deliberated for 3 and a half hours.

Settlement - $17,000,000

Data Breach

Infinity/Kemper Class Action Data Breach Settlement Attained by the Arnold Law Firm

The Arnold Law Firm, along with co-counsel at Morgan & Morgan, and Mason, Lietz, & Klinger, and Wolf, Haldenstein, Adler, Freeman, & Herz LLP, reached a settlement in the Kemper and Infinity data breach class action lawsuit, also known as Irma Carrera et al. v. Kemper Corporation and Infinity Insurance Company, filed in the United States District Court Northern District of Illinois, Case No. 1:20-cv-01883. The settlement is valued at over $17 million.

The Honorable Judge Martha M. Pacold granted Preliminary Approval of the settlement on October 27, 2021.

In addition to substantial injunctive relief, the class members will receive access to Aura’s Financial Shield Services for a period of 18 months, up to $10,000 for reimbursement of documented out-of-pocket losses reasonably traceable to the Data Breach, up to 3 hours of time spent remedying issues related to the breach at $18 per hour, and $50 for Class Members who are California residents.

History of the data breach: On April 8, 2021, the Arnold Law Firm and Wolf, Haldenstein, Adler, Freeman, & Herz LLP filed the first class action complaint against Kemper and Infinity in the United States District Court for the Northern District of Illinois entitled Irma Carrera Aguallo et al. v. Kemper Corporation and Infinity Insurance Company, Case No. 1:21-cv-01883. The complaint asserted claims against Defendants for: (1) negligence; (2) negligence per se, (3) violation of California’s Unfair Competition Law, Cal. Bus. & Prof. Code § 17200, et seq. – Unlawful Business Practices, (4) violation of California’s Unfair Competition Law, Cal. Bus. & Prof. Code § 17200, et seq. – Unfair Business Practices, (5) violation of the California Consumer Privacy Act (“CCPA”), Cal. Civ. Code § 1798.100, et seq., (6) violation of California’s Consumers Legal Remedies Act, Cal. Civ. Code § 1750, et seq., (7) violation of Florida’s Deceptive and Unfair Trade Practices Act, Florida Statute § 501.201, et seq., (8) breach of implied contract, (9) declaratory judgment, and (10) unjust enrichment arising from the data breach.

Settlement - $18,276,000

Qui Tam / Whistleblower

Whistleblowers Represented by Arnold Law Firm Expose Fraudulent Practices by the Pill Club, Case Settled With California DOJ

The Arnold Law Firm and the Hirst Law Group represented two whistleblowers who helped expose fraudulent practices by a start-up online pharmacy company called The Pill Club.

The company allegedly used fraudulent practices to bill California’s Medicaid program, Medi-Cal, for their services. The Pill Club is also alleged to have violated state laws by allowing nurse practitioners to prescribe contraceptive products to women without proper supervision or training from a licensed medical doctor.

For their part in blowing the whistle on the company they worked for, and as part of California Qui Tam laws, the whistleblowers and their attorneys recovered $4.9 million from the $18.275 million settlement paid to the California Department of Justice (DOJ) and the California Department of Insurance (CDI).

Settlement - $60,000,000

Data Breach

Morgan Stanley Class Action Data Breach Settlement Attained by the Arnold Law Firm

The Arnold Law Firm, along with co-counsel at Morgan & Morgan, Nussbaum Law Group, P.C. and others, reached a settlement in the Morgan Stanley data breach class action lawsuit, also known as In re Morgan Stanley Data Security Litigation, filed in the United States District Court Southern District of New York, Case No. 1:20-cv-05914-AT. The settlement resulted in a $60 million settlement fund to benefit class members.

The Motion for Preliminary Approval was filed on December 31, 2021 with the Honorable Judge Analisa Torres.

In addition to substantial injunctive relief, the 15 million class members will be provided access to Aura’s Financial Shield services for at least two years, which includes a $1 million insurance policy protecting each subscriber, credit monitoring, identity freezing, dark web monitoring, income tax protection and more services. The fund will also provide payments to people who submit valid claims for out-of-pocket expenses and/or up to four hours of lost-time incurred as a result of the data breach. Lost time allows victims of the data breach to be paid at $25 per hour for up to four hours of attested time spent dealing with the data breach. Out-of-pocket expenses can be claimed up to $10,000 if the costs or expenditures are fairly traceable to the data breach.

History of the data breach: On July 29, 2020, the Arnold Law Firm and Morgan & Morgan filed the first class action lawsuit against Morgan Stanley in the United States District Court for the Southern District of New York entitled Sylvia Tillman et al. v. Morgan Stanley Smith Barney, LLC., Case No. 1:20-cv-05914. The complaint asserted claims against Defendants for: (1) negligence; (2) invasion of privacy; (3) negligence per se; (4) unjust enrichment; (5) violation of the California Unfair Competition Law, Cal. Bus. & Prof. Code § 17200, et seq. – Unlawful Business Practices; and (6) violation of California’s Unfair Competition Law, Cal. Bus. & Prof. Code § 17200, et seq. – Unfair Business Practices.

Settlement - $3,767,000

Truck Accident

A 20-year-old man who had been married for just 12 days left home on his way to work. He was driving on Pleasant Grove Road in Sutter County in the early morning when he came upon a slow-moving truck. As he pulled out to pass the truck, the truck driver turned left in front of him. The young man attempted to steer back into his lane but his vehicle struck an un-flagged piece of metal extending from the back of the truck. He died in the resulting crash.

Expert witnesses brought in by the Arnold Law Firm proved that the truck, owned and operated by a hauling firm, should never have been on the highway that morning. Specifically, the rear and side turn signals did not work and the rear-view mirror was in a poor state of adjustment at the time of the collision. As a result, the driver, who had failed to properly inspect the vehicle before setting out that morning, couldn’t see the young man’s vehicle as it attempted to pass.

The poor condition of the truck, its lack of maintenance and the manner in which it was operated were found to be substantial factors in causing the collision that killed the young man. The testimony also established that the man had been making a lawful pass at the lawful speed limit and acted reasonably when he attempted to avoid the collision.

The man’s 20-year-old widow was awarded $3,767,000.77, his parents were awarded $185,131 and the family was reimbursed $11,899 in funeral expenses. Though money is a poor substitute for a young man’s life, this verdict demonstrates that drivers who endanger the lives of others will be held accountable for their actions.