Month: February 2017

With the major auto recall scandals of the past year, it is easy to forget about earlier events that dominated the news just a few years ago. Perhaps the most notable was the Toyota recall related to sticking pedals and issues of “sudden, unintended acceleration.” The first cases to make headlines involved devastating car accidents here in California.

While much of the scandal played out publicly between 2009 and 2011, Toyota continues to face legal repercussions. Earlier this month, in fact, a judge increased a jury award stemming from a February trial. The award against Toyota was increased from $10 million to about $14 million in damages.

The accident that sparked the lawsuit occurred way back in 2006 and involved an allegedly defective Toyota Camry made in 1996. In that accident, a Minnesota man was driving with his family (including his pregnant wife) when his brakes allegedly malfunctioned and he slammed his car into a vehicle stopped at a red light.

Three people were killed in the crash and two more were badly injured. The Camry driver was charged with and convicted of careless driving and vehicular homicide. He spent years in prison before news of the Toyota recall allowed him to challenge his convictions.

In a separate trial earlier this year, the jury found Toyota liable and awarded plaintiffs $10 million. The Camry driver was also deemed responsible for the crash but only 40 percent responsible. He was also awarded damages in the jury ruling. Earlier this month, the judge increased the total award to $14 million in recognition of what many of the plaintiffs had suffered.

Victims who have been seriously injured or lost loved ones in a car accident often find themselves struggling with even the most basic aspects of recovery. If the legal aftermath of the crash involves criminal prosecution and allegations of product liability, things become even more complicated. Hopefully, decisions made by the jury and judge will help all victims gain a sense of closure and healing.

Source: Courthouse News Service, “Toyota Must Pay $14M Liability for 2006 Crash,” Adam Klasfeld, June 16, 2015

Travel by rail has long been a transportation option in the United States, but use of trains has not been widespread. For most of the past century, the automobile has been king, largely thanks to an impressive highway system and the cost effectiveness of mass production.

Here in California, light rail trains have come into greater use in major cities. And nationwide, train travel seems to be on the rise. Unfortunately, the increase in train ridership has been accompanied by an increase in serious train accidents. These include accidents at railroad crossings and accidents involving train derailment.

One of the largest accidents in recent history was the derailment of an Amtrak train in Philadelphia in May. In that accident, a train traveling at more than twice the safe speed limit derailed when going around a curve in the tracks. Eight people were killed and more than 200 suffered injuries. Many of those injuries were severe, and some victims have already incurred hundreds of thousands of dollars in medical bills. Approximately two dozen lawsuits have so far been filed against Amtrak.

Sadly, there is a problem that could leave victims with unpaid medical bills and other costs, even after being compensated. In the late 1990s, when Congress reauthorized Amtrak, legislators put a cap on the company’s liability for any single accident. The cap of $200 million was meant to ensure that railroad companies were not forced out of operation by major lawsuits.

If the cap stays in place, the more than 208 victims and their families will have to share that fixed amount of money. It may seem like a large amount, but it will likely be insufficient to adequately cover all medical bills and other costs victims incurred related to the accident. Instead of compensating each victim/family the full amount that they need and deserve, judges may be forced to prioritize some victims over others based on the limitations of an arbitrary damage cap.

There’s a possibility that the cap could be raised to $295 million because of a provision in the most recent bill to finance the Highway Trust Fund. But even if it passes, the higher cap will still likely be too small to fully compensate victims.

It’s unclear exactly how the Amtrak cases will play out. But as America continues to expand its investment in rail travel (including California’s plans for high-speed rail), train accident liability is an issue that will only become more pressing.

Although an automobile accident can happen in an instant, the aftermath of that accident can play out for years. If the crash is severe – leading to serious injury or death – victims and their families can be left with physical and emotional damage that may never go away.

That very well may be the case for comedian Tracy Morgan, who was seriously injured in a truck accident in June 2014. Readers may remember that as Morgan and friends were driving back from a comedy show, a dangerously fatigued truck driver slammed into the back of their limousine, killing one passenger and injuring others.

According to news reports, Tracy Morgan has only recently begun making television appearances and giving interviews. The crash left him with broken bones and a traumatic brain injury. Since that day, he has struggled with memory issues and has even had to relearn how to walk.

As bad as his physical injuries are, Mr. Morgan seems to struggle equally with the loss of James McNair, who was better known as Jimmy Mack. McNair was Morgan’s friend and “comrade in comedy,” and was killed while riding with Morgan that day.

Finally, the legal aftermath of an automobile accident can also drag on for months or years. The truck driver who caused the crash is facing serious criminal charges and may also be facing a number of civil lawsuits as well, but none of these matters have yet been resolved. And it was only recently that the National Transportation Safety Board completed its official investigation into the crash. Unsurprisingly, the NTSB confirmed that the crash was primarily caused by fatigued driving.

A car or truck accident can change life in an instant. Sometimes that means losing a loved one. Sometimes that means suffering serious injury or permanent disability. Often, it means months of paperwork, phone calls and long waits to resolve insurance and legal issues.

If you’ve been injured or lost a loved one in a preventable auto accident, the aftermath can feel overwhelming. But if you decide that legal action is necessary, hiring an experienced and caring attorney can make the process much easier and less frustrating.