Mark Carleton Blane’s Answers

Mark Carleton Blane

San Diego Car / Auto Accident Lawyer.

Contributor Level 14
  1. Is my University liable if I am involved in an auto accident while traveling to a mandatory school assignment

    Answered about 2 years ago.

    1. S. David Rosenthal Esquire
    2. Bret A. Schnitzer
    3. Mark Carleton Blane
    4. Kevin Coluccio
    5. Gordon Alexander Glenn
    6. ···
    8 lawyer answers

    No, unless you were working for the University (doing something for their benefit). Then the University may be liable to you under workers' compensation. If you were driving as a student, and you are not at fault, then you would have an at-fault third party (the other driver or drivers) to pursue. If you were at fault, then your insurance would protect you against the other driver or drivers. More facts are needed on the different scenarios above.

    13 lawyers agreed with this answer

  2. I slipped on a spill in a nightclub and hit my head on a metal counter top, no staff helped and they did not clean up the spill

    Answered about 2 years ago.

    1. Christine C McCall
    2. Christian K. Lassen II
    3. Mark Copoulos
    4. Mark Carleton Blane
    4 lawyer answers

    This is an extremely difficult factual scenario as you would have to prove the Nightclub failed to remedy the spill after they had reasonable notice of it. In a Nightclub situation, it is dark, people are on the floor dancing, alcohol may be involved (not sure on your end from the question), and it can sometimes be impossible to prove how the spill was on the floor and for how long. All of this would need to balanced with your injury as well. How bad was your injury? A minor headache v. Post...

    5 lawyers agreed with this answer

  3. What happens when i get hit by a car. my motorcycle is totalled and he has a max property damage of $5000.

    Answered over 4 years ago.

    1. Mark Carleton Blane
    2. Robin Mashal
    3. Gordon Alexander Glenn
    4. Ross Adam Jurewitz
    4 lawyer answers

    You can sue him in Small Claims court for the difference in what was not covered. Also, San Diego county provides free Small Claims legal advisors to help with each step from 8:30 am to 4 pm Monday - Friday.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  4. I was keeping my motorcycle at a friend's house, he took it without my knowledge and got in an accident, am I liable

    Answered over 4 years ago.

    1. Randall Richard Walton
    2. Mark Carleton Blane
    3. Steven Alan Fink
    4. Lars A. Lundeen
    4 lawyer answers

    Another reason not to store motorized vehicles at a friend's residence without insurance, right? I think my fellow posters have written great responses to your question. I would say your best bet is to prove the non-permitted use of the motorcycle. Any evidence to support this would be beneficial. I do not know if anyone was injured, or if this was just a property damage claim. If only property damage, you can sue your friend in Small Claims (assuming the damage is within those limits).

    1 lawyer agreed with this answer

  5. Advice for dealing with Health/Car insurance prior to settlement - rights?

    Answered over 4 years ago.

    1. Henry Harmeling IV
    2. Mark Carleton Blane
    2 lawyer answers

    Yes, you should have your medical bills paid by your health insurance as soon as possible to avoid any collection efforts and the like. Caution: some health insurance companies have strict time guidelines to present medical bills. Another reason to get them in as soon as possible. Also, double check to see if you have "medical pay benefits" under your own automobile insurance policy. If you do, you could use this benefit as well. Keep in mind some "medical pay benefits" plan have time...

    1 lawyer agreed with this answer

  6. Hospital ER -NO MD in the ER! Staffed with NURSES only! STATE LAW requires all ER's staffed with MD'S

    Answered over 4 years ago.

    1. Mark Carleton Blane
    1 lawyer answer

    I am sorry to hear about your experience at the ER. However, in order to have a medical malpractice claim you need to show: a failure in the standard of care among medical personal that "caused you damages" (medical injuries). Here, from your question, I do not know what type of medical injury you actual suffered/sustained, apart from the IV needle issue. If there was a breach in the standard of medical care that applied to you, you still need to prove your damages; i.e. grave injury or...

    2 people marked this answer as helpful

  7. Car Property Damage settlement and same insurance companies?

    Answered over 4 years ago.

    1. Adam David Sorrells
    2. Gordon Ralph Levinson
    3. Mark Carleton Blane
    4. Lars A. Lundeen
    4 lawyer answers

    This situation does occur often, but you should be on guard regardless if it is the same insurance company. From your question, I do not know if you have both a bodily injury claim and a property damage claim; however, if you have a property damage only claim, then you will have to turn over your financial information on the car, so they can repair/total it out. That is normal and not unusual. You should be researching car value on your own and make sure it fairly matches the fair market...

    1 lawyer agreed with this answer

  8. Slip and Fall in Target

    Answered over 4 years ago.

    1. Norman Gregory Fernandez
    2. Emery Brett Ledger
    3. Mark Carleton Blane
    3 lawyer answers

    If you have private health insurance, or you have the ability to see your own doctor, I would suggest starting there. However, if Target has their own, you could also try that. If you have a question over the liability, post it here and I or another attorney can assist you with that question.

    1 lawyer agreed with this answer

  9. Can I sue for tripping up on uneven broken road - like a pothole in the car park of the Queen Mary hotel, which led to surgery?

    Answered over 4 years ago.

    1. Kevin Paul Smith
    2. Norman Gregory Fernandez
    3. Mark Carleton Blane
    3 lawyer answers

    These facts can prove to be quite difficult; however, it does depend on the degree or severity of the uneven ground, and whether or not the party or entity who had control and dominion over said ground had notice of the defective condition and did nothing in a reasonable time to remedy it. You definitely have medical damages. No question there. The real issues are the two I outlined above. Also, it would be important to explore why you were running (were you jogging, etc.), and whether or...

    1 lawyer agreed with this answer

  10. Can I sue the hosptial or Coroner for IIED for not allowing me to see my father after he died, (no crime involved with death)

    Answered over 4 years ago.

    1. Kenneth Lewis Swenson
    2. Mark Carleton Blane
    2 lawyer answers

    I am very sorry to hear about your loss and the facts of what occurred with your father. However, in order to recovery for Intentional Infliction of Emotional Distress, or rather, Negligent Infliction of the same, you need to prove that the injury was occurring to your father in your presence (since you are an immediate family member, you have the other element requirement). However, here, the injury had already occurred to your father, and the fact the Coroner denied your request for viewing...

    1 person marked this answer as helpful

Call for a FREE consultation 24/7 day or night! I only charge a fee when I win!

888-845-6269