California rear-end car accidents can claim lives

Posted on February 8, 2017 by wmlawyers

Operating a vehicle is a very big responsibility. Any negligence while driving can result in a car accident that can potentially be very tragic. California car accidents can occur in a New York minute, so paying attention to anything else going on while behind the wheel is a dangerous choice to make.

A recent accident that involved multiple vehicles was more than likely the cause of someone not paying attention, and sadly a man lost his life because of it. The 62-year-old man was driving alone in his small sedan when a Dodge Charger rear-ended him. The cause of the accident has not been reported, but, because of the initial rear-end collision, another vehicle was involved when the man's car was forced into a third car.

The accident ultimately resulted in the man's death as well as two other people's injuries. The man who was killed was apparently pronounced deceased at the scene of the crash. There were no reports on the seriousness of the other injuries. It was reported that the injured parties were both taken to a local hospital for treatment.

If negligence is considered to be a factor in the initial collision, the driver of the Charger could be facing criminal charges for the resulting death. The driver could also face civil claims filed by the man's family members in order to receive some sort of compensation for their loss. In California car accidents that result in a death, the at-fault drivers might possibly have to face both the criminal justice system and the family of the person who lost his or her life due to alleged negligent vehicle operation.

Source: 760kfmb.com, Fatal multi-vehicle accident in Little Italy, Abbie Alford, Dec. 23, 2013

Construction site debris allegedly causes fall

Posted on February 8, 2017 by wmlawyers

All over Alameda County, residents will see assorted types of construction. Sites in various stages of building or renovations are common in most communities. The day-to-day operations continue unnoticed most of the time. Premises liability issues come to the forefront, however, if someone suffers injuries as a result of hazardous conditions in or around the project.

There is a civil lawsuit pending that requests compensation in an undisclosed amount to cover medical expenses, lost wages and earning capacity, pain and suffering and other losses. The complaint was filed by a woman who allegedly tripped and fell on a sidewalk. According to her complaint, the fall occurred as she tried to step over wood that was piled across a neighborhood walkway. The construction company and its insurance company are named defendants in the suit.

A person walking on a normal path has an expectation of safety. In this all-to-common situation, it is alleged the construction company employees didn't properly maintain the work area. This created the dangerous property condition that resulted in the accident. Along with failing to secure and/or discard its workplace materials, the suit also accuses the company of negligence due to a failure to train its employees properly because the pathway obstruction was allowed.

The law provides an injured person with causes of action that can be included in a request for compensation. When people are injured through no fault of their own, many aspects of their lives are affected. The obvious needs include lost wages and medical expenses. The not-so-obvious needs are just as important. Loss of enjoyment of life, loss of love and affection, loss of consortium, mental and emotional distress, lost earning capacity and general damages are also claimed in the subject action.

It doesn't matter if the construction accident involves catastrophic injuries to several people or a trip and fall injury to one person. Recovery needs are important. Careful strategic understanding of options will open the door to meeting those needs when the responsible parties are held accountable.

Source: Louisiana Record, "Pedestrian sues construction company for obstacle that allegedly tripped her" Holland Phillips, Dec. 05, 2013

Parents speak out about son killed in drunk driving accident

Posted on February 8, 2017 by wmlawyers

Moving on after losing a loved one can be difficult. Family members grieving the loss of a loved one in an accident caused by a drunk driver may see emotional, financial and personal issues as barriers to a more positive future. Legal channels exist so that these individuals can seek monetary compensation for loss, pain and suffering, but sometimes, individuals go beyond those legal channels to find additional methods for healing. Such is the case with two California parents who lost their 21-year-old son in a drunk driving accident five years ago.

As members of their local Mothers Against Drunk Driving chapter, the couple came up with a plan to draw attention to the dangers of driving under the influence while honoring their son's memory. The plan involved the Mercedes their son was driving in 2008 when he was involved in the fatal car accident. According to authorities, the 21-year-old's car was hit from behind by a Subaru Impreza. The 21-year-old died at the accident scene.

In 2010, the man driving the Subaru was convicted of vehicular manslaughter. According to records, the man was driving under the influence and traveling at speeds over 100 mph when he hit the Mercedes. Five years after the accident, the 21-year-old's parents unveiled a trailer containing a special exhibit. With the help of MADD, they purchased the totaled Mercedes from the insurance company and created a custom-designed trailer to hold it.

MADD plans to display the trailer and totaled car at interested schools, organizations and gatherings. The 21-year-old's mother states that she hopes the trailer will raise awareness about the cost of drunk driving. State Farm Insurance presented MADD and the couple with a $15,000 grant to help pay for outreach efforts and education about the issue.

Following serious injury or the loss of a loved one in any type of accident, dealing with immediate needs and emotional upheaval is essential. Sometimes, legal resources can help victims find the funds they need to meet those needs, but in the years following such a loss, activism and reaching out to others can help with emotional healing.

Source: Contra Costa Times, "Parents of Castro Valley drunk driving victim unveil trailer containing car son was killed in" No Author Given, Nov. 14, 2013

Please include safe driving on your Christmas to-do list

Posted on February 8, 2017January 26, 2023 by wmlawyers

You probably need no reminder that Christmas is just a couple days away. Even if you did most of your shopping on Black Friday, there’s a good possibility that you’ll be making one more frantic trip to the mall to get that last gift or a trip to the grocery store to pick up some extra sides for the holiday feast.

But before you get behind the wheel, you may want to take a moment to examine your level of stress and anxiety. Doing so could prevent an auto accident. Traffic accidents tend to increase in the final days before Christmas, and about one-third of drivers admit that they tend to be more aggressive on the road when they’re feeling holiday stress.

If you’re in a hurry, chances are good that you’re focusing more on your to-do list than you are on driving. And as more and more motorists find themselves driving aggressively, driving distracted and speeding, an auto accident becomes increasingly likely.

State Farm Insurance Co. released a report earlier this month noting the increase in aggressive driving and which kind of drivers are most likely to be affected by it. The report showed that approximately 32 percent of motorists are more likely to drive aggressively leading up to the holidays. Those most prone to angry driving, State Farm said, are parents and drivers under age 49.

Even if you’re feeling rushed and stressed, please take a moment to consider the following question. Is your holiday to-do list so important that it’s worth risking your safety? No one wants to spend Christmas in the hospital. Therefore, please make sure that you pay attention behind the wheel and drive defensively. It’s better to arrive late than to never arrive at all.

Please have a safe and happy holiday!

Source: The Washington Post, “For drivers around Christmastime, it’s not exactly tidings of comfort and joy,” Ashley Halsey III, Dec. 2, 2013

Apartment’s neglected fire escape causes fatal fall for occupants

Posted on February 8, 2017January 25, 2021 by wmlawyers

Whenever you rent an apartment, you have the right to expect that the property is reasonably safe and well-maintained. The building should be in compliance with local fire and safety codes, and emergency equipment/exits should be regularly inspected repaired when necessary.

Anyone who gets hurt because of improperly inspected/maintained property may be able to sue for premises liability. Sadly, some occupants never get their day in court because an accident on negligently maintained property proves to be fatal.

While it did not occur here in the Bay Area, a recent fatal accident may serve as a warning to anyone renting an apartment here in Oakland; particularly in an older building. Just over a week ago, a fire escape collapse at an apartment building in Philadelphia killed one young man and seriously injured two others.

According to news reports, three men in their mid 20s were hosting a birthday party at their apartment. Later in the evening, they all stepped out onto the fire escape in order to smoke a cigarette. They were only out there for one or two minutes before the fire escape shifted, separated from the wall and sent the men falling four stories.

One of the roommates fell head-first and died a short time later. He was only 22 years old. The two other young men survived but suffered broken backs and other serious injuries.

News sources say that the building is old and that the fire escapes are clearly in disrepair. The city of Philadelphia holds property owners and landlords responsible for maintaining the safety of fire escapes. However, there may be some confusion about who is actually responsible for inspecting the fire escapes.

The Department of Licenses and Inspections is responsible for much of this work throughout the city, but exceptions are made for smaller buildings, which this apartment apparently is. L&I generally does not have to conduct inspections for these buildings unless complaints are made.

It is possible that the last inspection of this particular building happened over 50 years ago. Needless to say, that is far too long to neglect something as important as a fire escape.

Fatal and injurious accidents like this one are especially tragic because they are easily preventable. There should be no ambiguity about the responsibility for conducting inspections and making necessary repairs. When such responsibilities are neglected or misunderstood, an old fire escape becomes an accident waiting to happen.

Source: Philly.com, “Man died in ‘brutal fall’ after fire escape collapse,” Allison Steele, Angelo Fichera and Mike Newall, Jan. 15, 2013

Buzzed but not drunk? Study shows car accident risk is still high

Posted on February 8, 2017January 26, 2023 by wmlawyers

Despite California’s strict laws against drunk driving, the rates of death and injury associated with driving under the influence remain tragically high. If you are a social drinker, chances are good that you would never knowingly put yourself or others at risk by driving legally drunk. That is, with a blood-alcohol concentration of 0.08 percent or higher.

But have you ever driven yourself home from happy hour or a party after having just a couple drinks? According to the results of a recent study, you might actually be at a higher risk of an auto accident than if you had no alcohol in your system. Research from U.C. San Diego reveals that despite the legal threshold of 0.08 percent, there is no “safe” BAC level when it comes to driving.

Researchers came to this conclusion after studying data on more than half-a-million fatal car accidents in the U.S. that occurred between 1994 and 2011. The researched attempted to determine the risks of “buzzed” driving, which means driving with a BAC of 0.01 to 0.07 percent.

They found that there is no transition point between safe and unsafe. Rather, drivers with a BAC of just 0.01 percent are 46 percent more likely than completely sober drivers to be involved in a car accident and to be “solely blamed” for the accident by investigators. From there, risk increases steadily along with BAC up to a blood-alcohol concentration of 0.24 percent (or three times the legal limit).

Until or unless fully autonomous cars become standard, it is unlikely that a social drinker can always manage to avoid driving after having some alcohol. But for the sake of safety, you may wish to follow a general rule that the less alcohol you consume, the safer your ride home will be.

Source: NBC San Diego, “Study: “Minimally Buzzed” Drivers Often Cause Fatal Crashes,” Rory Devine and Monica Garske, Jan. 18, 2014

California car accidents involving motorcycles often deadly

Posted on February 8, 2017 by wmlawyers

When vehicle accidents involving motorcycles lead to a motorcyclist's death, the family members of the deceased may feel a range of emotions. For instance, they may feel unsettled as a result of such shocking occurrences, and they might also feel angry — especially if the wreck stemmed from other people's negligent or reckless driving in California. The loved ones of victims of such car accidents may choose to seek reimbursement for related monetary damages in California.

This is the situation that one family is facing in California. In this scenario, a car-motorcycle accident occurred in the evening. A sedan ended up striking a motorcyclist, authorities said.

Police initially said that the crash may have been a hit-and-run accident. Authorities later, however, said that they were able to question the driver. It appeared to be a tragic accident, according to police.

If the driver whose vehicle struck the motorcyclist is discovered to have been speeding in the area or failed to yield to the motorcycle, for example, then he or she could face legal trouble in the form of a wrongful death lawsuit. The surviving family members of the motorcyclist in this situation have a right to seek financial damages connected to the collision based upon a showing of negligence. Financial restitution from a successfully litigated lawsuit can help with expenses permissible under our California state law following fatal car accidents, such as funeral costs and other end-of-life expenses. If liability is established in civil court, claims for monetary damages will be decided.

Source: NBC Los Angeles, Motorcyclist Killed in NoHo Crash, Beverly White, Dec. 27, 2013

Man injures California teen in attack with a hammer

Posted on February 8, 2017January 26, 2023 by wmlawyers

People pursue injury claims in civil courts for a wide variety of reasons. Whether it’s a car accident or a case of medical malpractice, many claims are pursued as the result of one or more parties’ negligence. These injuries are the result of a failure to act with caution or care.

Although negligence is the genesis of many civil claims, people may also have grounds to file an intentional tort, a lawsuit resulting from a conscious action. After all, a person’s actions — whether or no they are intended — can cause a person and their loved ones to incur financial and emotional damages.

Not long ago, a 48-year-old man attacked a 16-year-old boy in San Bernardino County. According to reports, the man struck the teenager with a hammer over the head and then tried to flee. Fortunately, police were able to track down the attacker.

Immediately following the attack, the teen was airlifted to a hospital to receive treatment. As a result of his serious injuries, the boy was listed in critical condition.

Law enforcement officials were uncertain of the cause of the attack at the time of reports. Regardless, the 48 year old was arrested and charged for attempted murder.

For the young victim, the road to recovery could be rather long. Beyond the physical injuries caused by the attack, the boy may have to deal with anxiety or other emotional concerns. As such, it may be in his best interests if his family weighs legal options extending beyond the criminal charges brought by law enforcement.

Source: The Associated Press, “Gregory Richmond Hit Teen In Head With Hammer: Cops,” Jan. 17, 2014

New motor vehicle laws took effect in California on January 1

Posted on February 8, 2017January 26, 2023 by wmlawyers

On January first, a number of new laws affecting California drivers took effect. Most of these laws were enacted in order to prevent motor vehicle accidents, though some simply serve to help state regulators track important initiatives like air quality control and emissions standards. In today’s post, we’ll talk about a few of these changes and how they might affect California drivers in 2014.

First, it is now illegal for motorists under the age of 18 to read, write and send text messages while driving. This is true even if the novice drivers are using hands-free devices to text.

Second, it is now illegal for a relative or revocable trust to inherit and transfer ownership of a vehicle from a deceased person until all toll-violation and parking fines are paid. This is not a safety matter, but it does speak to how serious the California Department of Motor Vehicles is about ensuring that all fines levied are properly paid.

Finally, one important act will not take effect until September 16 of this year, but motorists should begin behaving in accordance with this act now. In an effort to reduce the number of preventable bicycle collisions with vehicles that happen daily across the state, legislators passed the Three Feet for Safety Act. This new law requires motorists who are passing bicyclists traveling in the same direction to give those bicyclists no less than three feet of room upon passing. If it is not at all possible to give a bicyclist this much room, a motorist must slow down and only pass the bicyclist when no danger is present to him or her.

Source: Sierra Sun Times, “California DMV Reminds Motorists of New 2014 Laws,” Dec. 24, 2013

Fatal pedestrian accident prompts lawsuit against ride-sharing co.

Posted on February 8, 2017January 26, 2023 by wmlawyers

There are many ways to get where you’re going in the Bay Area, and new modes of transportation are popping up all the time. In San Francisco, for instance, real-time ridesharing services by companies like Uber have provided creative alternatives to taking a taxi or riding the bus.

But when it comes to companies and services like real-time ridesharing, liability for auto accidents can be a complicated issue. In San Francisco, a recent auto accident that killed a 6-year-old girl has prompted a wrongful death lawsuit against Uber.

According to the complaint, the 57-year-old driver struck the victim in a crosswalk while providing ride services through Uber; a claim which the company disputes. He was reportedly logged on to the Uber app at the time.

The dispute may center, in part, on what types of actions signify that a driver is working for Uber at any given time. The attorney representing the family noted that “whether or not a fee-paying passenger is in the car, if the driver is on the app and GPS, they are providing a benefit to Uber and their use of the app creates an unlawful risk of distraction that leads to the very type of injury and death we see here.”

The company shares in the profits every time its software connects those in need of transportation to drivers willing to transport them in private vehicles. The plaintiffs’ attorney argues that because Uber shares in the profits of its drivers, it also needs to share in liability when those drivers cause accidents.

This lawsuit is important not only because it involves the death of a young child, but also because it could potentially set a precedent for similar real-time ridesharing liability lawsuits in the future. Should Uber be held liable? What do readers think?

Source: San Jose Mercury News, “Uber sued for wrongful death of 6-year-old San Francisco girl,” Terry Collins, Jan. 27, 2014