The family of Maria Arellano, a 71-year-old resident at the Fillmore Convalescent Center, has been awarded $7.75 million by a Ventura County jury for abuse inflicted on Arellano by the nursing home in 2006. During this time, the family took note of bruises on Arellano’s body and complained to management at the nursing home, who failed to investigate the bruises.
Eventually, the family took matters into their own hands by setting up a hidden video camera recording system in Arellano’s room. What they would find would shock them. Monica Garcia, an employee of the nursing home, was seen slapping Arellano and also pulling her hair. Arellano, who is a stroke victim, was also tormented by the employee twisting her wrists, fingers and neck. Garcia also violently abused the victim while she was in her shower chair. She has pleaded no contest to simple battery, and was charged with a criminal offense.
The family of Arellano sued and has been awarded $7.75 million, which includes punitive damages of $5 million and actual damages of $2.7 million. Eduardo Gonzalez, owner of the center, was assigned 40% of the liability, the center also 40%, and Garcia, the employee who abused the victim, was assigned 20% liability. This incident has brought to light the plight of another resident of this nursing home, 83 year old Daniel Sanchez. His family has also suspected abuse of their loved one, and he has since passed away. The lawsuit filed by his family is scheduled to go to trial next month. He was also a stroke victim.
The arrogance shown by the center is shocking to lawyers for Arellano’s family, who say they showed no interest in settling the claim. When the Arellano family was unsatisfied with the measures taken by the center to investigate their abuse worries, they took action themselves and uncovered the facts. The video recording that captured Garcia abusing Arellano weighed heavily in the trial.
California nursing home abuse lawyers ask families of nursing home residents to be aware and alert to any signs of abuse of their loved ones.
* Look for the common signs of abuse. Bruises, wounds, bed sores, unsanitary conditions, and failure of staff to bathe your loved one regularly should be reported to the facility at once.
* Be alert to signs of malnutrition, and check to insure that needed medications are given on time.
* Notice personality changes such as depression, anxiety or fear that wasn’t there before. These could be naturally occurring due to dementia, but may also be signs that some form of abuse is taking place.
The Reeves Law Group has offices across California and is dedicated to representing personal injury victims, including victims of nursing home abuse. Please contact us for a free consultation at (800) 644-8000.
Recently, the NHTSA has released information about the number of teen deaths related to driving accidents in California and around the country. This is part of an effort to increase awareness in the public about trends emerging, which is found by analyzing accident statistics. According to this newly released information, about 1/5th of all traffic fatalities occur in accidents involving young drivers.
There were 669 deaths in traffic accidents involving drivers between the ages of 15 and 20 in California in 2007. Of this total, 238 of the victims were the drivers. Passengers riding with teen drivers accounted for 199 of the deaths, and out of these 199:
15 were under 15 years old
127 were between the ages of 15 and 20
57 were over 20 years old
Other than passengers of the teen drivers vehicle, occupants of other vehicles that were involved in these accidents accounted for 157 deaths, and 75 deaths resulted in those not riding in a car such as pedestrians.
Teen motor safety is still a huge concern, especially in light of these statistics and the high rates of fatalities occurring in teen accidents. Statistics from FARS (Fatality Analysis Reporting System) which were used in the data show that:
*In 2007, drivers between the ages of 15 and 20 made up 9 percent of the population and 6 percent of licensed drivers. Drivers of this age made up an alarming portion of the accident fatalities. 19 percent of traffic fatalities nationwide were due to accidents involving young drivers in 2007.
*There were 7650 deaths in 2007 in accidents involving these motorists.
*The majority of the time, those who died were the drivers or a passenger in their car. 2029 fatalities nationwide in 2007 were passengers between the ages of 15 and 20.
*67 percent of passenger fatalities were in the same age group as the driver, between 15 and 20 years old.
*The highest accident rates in teen drivers occur on rural roadways. About 57% of accidents involving the death of a teen occur on rural or country roads.
Most teenage motorists enjoy traveling with passengers in their own age group, which explains why young motorists and their passengers are the most likely age group to die in traffic accidents.
There are many suspected reasons that more fatalities occur on country roads, and California auto accident lawyers know that rural roads often have higher rates of speeding and reckless driving than other roads. Drunk driving is more common on the rural and back roads as well. Country roads are often rougher and not as well designed as other roads, which may account for the increased risk of accidents in these rural areas.
The Reeves Law Group has offices across California and is dedicated to representing personal injury victims, including victims of auto accidents. Please contact us for a free consultation at (800) 644-8000.
Two women will be awarded $103 million by the pharmaceutical giant Pfizer after developing breast cancer because of using hormonal drugs. One of the women received $75 million, and the other $28 million. The judgment for $75 million for the first case had been sealed to avoid influencing the jury on the second case.
The companies Wyeth and Pharmacia were acquired by Pfizer at an earlier date. Wyeth is the maker of Premarin, an estrogen drug, and Prempro, a combination of estrogen and progestin. Provera is a hormone drug that is made by Pharmacia. These lawsuits were brought against Pfizer after the acquisition.
Hormonal drugs have been used for years to treat menopausal symptoms in women, and in 2002 the FDA mandated black box warnings on the labeling of these drugs that they were intended to be used in the “smallest possible doses for the shortest possible time.” Since then, fears have risen about the long term effects and possible cancer caused by these drugs. These lawsuits are only the beginning in a long line, and Pfizer has at a minimum 1,500 product liability lawsuits facing them, which are all filed in a Philadelphia court, and all pertain to the hormone treatment drug. Philadelphia is Wyeth’s headquarters, which is the reason that the lawsuits have been filed there. Across the country, lawyers state that more than 10,000 lawsuits are being filed.
Statistics show that women who have developed breast cancer and gone to trial before a jury have been the victor in 10 out of 12 cases. Many of these were won when the verdict was appealed. In the case of the first woman , a $27 million award was overturned by the court because of testimony given by experts that was found to be improper. A new trial on punitive damages was ordered by the court because there was reason to believe that a jury may find that Wyeth acted with careless disregard in the making of the drug. Pfizer is wasting no time, and requesting this decision be reviewed by the panel.
Millions of women continue to use hormonal drugs, even after the 2002 study that proved that estrogen therapy could be a factor in breast cancer. Prior to this study, hormone treatment drugs brought in a staggering $2 billion in sales, but decreased significantly after the warning by the Food and Drug Administration. It seems that after the initial shock, sales have risen quite a bit which means that millions of women are putting themselves at risk of developing breast cancer by using these drugs.
It is usually exceptional circumstances that call for punitive damages to be awarded, such as when a Los Angeles California injury lawyer has the ability to prove that the defendant acted with careless disregard. Sometimes these types of damages are referred to as exemplary damages, due to the fact that they are often awarded more to make an example of the defendant rather than to compensate the victim. It is the hope of attorneys that by awarding punitive damages to victims, other companies will be deterred from reckless behavior in the manufacture of drugs and other products.
The Reeves Law Group has offices across California, and is dedicated to representing personal injury victims, including victims of product liability. Please contact us for a free consultation at (800) 644-8000.
An SUV crashed in to a tractor trailer rig in Los Angeles leaving three people dead. The accident happened on the 210 freeway after the SUV rear ended the tractor trailer, when according to news reports, it instantly exploded into flames. All occupants of the SUV died in the accident, which included a man and woman, and a 14 year old boy.
The SUV was entirely consumed by flames by the time fire crews arrived at the scene, according to the Los Angeles Fire Department. These families should consider hiring a team of Los Angeles wrongful death attorneys to represent their case Two other passengers of the SUV escaped serious injuries because an eye witness was able to quickly pull them out. The survivors of the crash are 8 and 10 years old, and the truck driver involved in the tragic accident was taken to the hospital after complaining of chest pains.
More than 5,000 people are killed across the country in tractor trailer crashes every year, and this tragedy that resulted in three deaths is heart wrenching. Many fatal crashes are caused by these big rigs, sometimes because of truck driver fatigue, negligence, speeding or driving under the influence. The maintenance of the truck may also come in to play in accidents with tractor trailer rigs. Chances of becoming involved in an accident are increased when lights, brakes, wheels, tires and other equipment are not maintained properly.
California product liability lawyers know that accidents are often caused due to defective parts on vehicles, and wonder if this particular crash warrants further investigation to learn why the driver of the SUV was not able to stop his car in time. Malfunctioning brakes are always a possibility in instances like this.
There are some important tips to keep in mind when driving near tractor trailer rigs, and California truck accident lawyers want to increase awareness of these suggestions:
* Maintain a safe speed, and don’t get in too big of a rush; these rigs are massive and weigh tens of thousands of pounds.
* Don’t drive too closely
* Prior to passing a tractor trailer, make certain the passing lane is clear and safe
* Under no circumstances should you ever race or try to beat a big rig
* Avoid sudden application of brakes when in front of a tractor trailer – they cannot stop as fast as you can, and often weight 80,000 lbs
The Reeves Law Group Los Angeles wrongful death lawyers have offices across California, and is dedicated to representing personal injury victims, including victims of truck accidents. Please contact us for a free consultation at (800) 644-8000.
Several people were injured recently when the driver of a Metropolitan Transportation Authority Bus lost control and struck the center divider before crashing into a car. The accident took place in Silver Lake in Los Angeles County on Glendale Boulevard according to the Los Angeles Times.
Several of the passengers aboard the bus were injured when bus number 92 crashed according to the LAPD, who say that at least 10 suffered serious injuries. One passenger is reportedly in critical condition, and the others injuries were not life threatening. The cause of the accident is being investigated by police.
Most people would be under the impression that riding in a bus is safer than riding in a passenger vehicle, due to the fact that a bus is much larger and heavier, and elevated to a point where complete vision of your surrounding is increased. Even with all of the advantages, there are numerous bus accidents that result in multiple injuries each year in California.
People who are injured in bus accidents may qualify for compensation, however this requires identifying all parties responsible for the accident. California bus accident attorneys identify the responsible bus company in most accident lawsuits. Responsibility may be placed on certain companies because of defects in the bus; for example parts that do not work correctly, such as brakes, tires or headlights. Blame may also be placed on the bus company because of its negligence in hiring and supervising individuals who are properly qualified, or do not have the proper training or experience.
A bus maintenance company may also be held responsible in the claim if the accident is related to malfunctioning parts or improper maintenance. Additionally, highways and other roads that are dangerous or in disrepair may be to blame for a bus accident, in which case the city and county agencies are held responsible. If the vehicle in question is a government-owned transit bus, state and local governments may be held liable in a claim. School bus accidents that are caused by the negligence of the driver may leave the school district or board liable.
While in many cases the accident is actually caused by the driver of the bus, their employer and their insurer are held financially responsible. Bus manufacturers may also be responsible, if defective parts are found to be at fault in an accident. Los Angeles bus accident lawyers sometimes name the operators of a tour service as the party responsible if the bus trip is part of a package.
The Reeves Law Group has offices across California, and is dedicated to representing clients as Los Angeles personal injury attorneys, including victims of bus accidents. Please contact us for a free consultation at (800) 644-8000.
Last year, a bicycle accident caused two bicyclist to be seriously injured, and now a Los Angeles doctor is on trial in the Los Angeles County Superior Court for charges relating to that accident. This trial has raised awareness about the growing conflicts between motorists and bicyclists, which has increased the number of bicyclists demanding changes to infrastructure.
In 2008, two bicyclists who were riding on a two-lane road in Brentwood were injured when Christopher Thomas supposedly pulled out in front of them in his car. This resulted in one of the riders going through Thompson’s windshield, and the other being slammed into the ground after being tossed several feet into the air. The cyclists claim that Thompson yelled at them, then proceeded to pull out in their path and slam on his brakes. Thompson’s attorney alleges that the accident was caused because the bicyclists yelled profanities at the doctor, who faces four felony charges.
With an increase in the number of bicyclists over the last several years, it seems that conflicts between motorists and those who ride bikes is increasing. More people are riding bicycles all over the United States, including California. Between 2000 and 2008, according to statistics, bicycling across the country has risen by 43 percent. The increased awareness of the environment has also contributed to this rise, as more people view bicycling as a “green” method to travel. Not only that, bicycling is cheap, and is a very effective activity for better fitness.
Many cities in California have experienced an increase in those who ride bicycles, but have not seen a rise in accidents that involve bicyclists. This is thought to be due to the fact that because so many people are riding, motorists have become more aware of them and drive safely. In fact, bicycling increased by 66% in Marin County between 1998 and 2008, but accidents between motorists and bicyclists in this county decreased by 34%.
Although many people are using bicycles as a mode of transportation, the accident rates still haven’t risen nearly at the rate that fatal motorcycle accidents have. In 2008, the NHTSA showed that 716 fatal bicycle accidents occurred, which was a drop of 6% when compared to 1998. While this is good news, Los Angeles personal injury lawyers are still concerned about bicycle accidents, and the rising number of severe injuries that result when a crash occurs.
The Reeves Law Group has offices across California, and is dedicated to representing Los Angeles bicycle accident victims, including victims of bicycle accidents. Please contact us for a free consultation at (800) 644-8000.
In California, National Teen Driver Safety Week began on October 19th and continued through October 25th, and California auto accident lawyers are thankful that stronger initiatives have been taken to promote safe driving among teens. This action was established in 2007 by Congress, and its purpose is to educate teen motorists on the dangers of driving while distracted in order to prevent accidents.
The program is promoted by the Centers for Disease Control and Prevention, and Ride like a Friend was the name given to the program all across the country, which focused on the distractions that passengers can cause, and how to lessen this occurrence. Car accidents are the major cause of death in teenagers according to the CDC, and it is shown that in one out of three teenage deaths, car accidents are to blame. While many may believe that alcohol is the main cause for these accidents, it is actually due to distractions. In California, teens are forced to wait before they can drive with passengers in the car by a graduated license program that is in place.
Studies have shown that with teenage motorists, the more passengers that are riding in the car the greater the accident risk. In fact, when a teenager drives with one passenger, the chances of having an accident is increased two-fold, while driving with multiple passengers seems to raise risk by 4 to 5 times.
Teenagers are encouraged to participate in numerous activities in the Ride like a Friend campaign in order to promote safe driving behavior. They may work to produce public service announcements such as videos to encourage safe behavior by passengers. Drivers and passengers work together to create radio, print, video and performance art PSAs, and also compete locally. Since teenagers often use social networking sites, they are encouraged to spread the word on sites like Facebook, Twitter and MySpace. These messages are an effort to increase the awareness of passengers about distracting the driver, and how dangerous this can be.
Los Angeles car accident lawyers believe it is a good practice to educate teenage motorists about the risks of being distracted while driving, and encouraging passengers to be responsible and engage in safe behavior as well. National Teen Driver Safety Week is one effort that is concentrated on developing our teenagers into safe, well informed drivers.
The Reeves Law Group has offices across California and is dedicated to representing California auto accident victims, including victims of car accidents. Please contact us for a free consultation at (800) 644-8000.
Devin Petelski, 25, was killed last week when she pulled out from a stop sign in front of a Los Angeles Police Department cruiser. This accident has created quite a buzz in the area, and left witnesses to the accident questioning the LAPD’s version of what occurred.
Ms. Petelski, according to the Los Angeles Times, was driving her vehicle on Glyndon Avenue after finishing her shift at work at a counseling center and was stopped at a stop sign. This was around midnight, and according to a representative of the Los Angeles Police Department she pulled out in front of the cruiser. Two police officers who were inside of the cruiser were treated at the hospital for minor to moderate injuries. Petelski died one day after the accident from her injuries. Individuals in related accidents should contact a car accident attorney in Los Angeles.
The two officers have stated that they were not responding to a call at the time the accident occurred, according to the LAPD, and questions have been raised regarding the speed of the cruiser and whether negligence may have been involved. The accident is still being investigated, and the cause of the crash is still uncertain at this time.
Residents who live near the scene of the crash suggest that the cruiser had no lights or sirens in use, and seemed to be traveling at a rate of speed between 50 and 70 mph. Other witnesses seem to agree with these reports, and Captain Paul West had already admitted to reporters that as far as he knew, lights or sirens were not in use at the time.
Those near the area when the accident occurred reported that they heard no brakes screeching or sirens just before the crash took place. These witnesses say that within a few short moments of the time that the cruiser hit Petelski’s car on the driver’s side, 10 more cruisers arrived at the scene and began blocking off the crime scene. They also stated that emergency vehicles arrived more than 15 minutes after the crash took place.
Witnesses who saw the entire event unfold claim that the officers were indeed speeding without the use of lights or sirens, and that they are clearly at fault in the accidents. Naturally, emotions are running rampant over this incident, and is very upsetting to Los Angeles wrongful death lawyers who respect law enforcement officials at the LAPD immensely.
The Reeves Law Group has offices across California and are dedicated to representing personal injury victims, including victims of car accidents. Please contact us for a free consultation at (800) 644-8000.
An alleged drunk driving accident that occurred in Carlsbad California (near San Diego) took the life of a Cape Cod motorcyclist recently. According to WBZ TV, two cyclists were stopped at an intersection red light when one was hit by a car that was driven by Keith Roles of Poway. The accident took place at approximately 1:30 a.m. Roles has been arrested.
California is known as a motorcycle friendly state, and it is unfortunate that an out of town visitor has lost his life due to the negligence of a motorist under the influence. California motorcycle accident lawyers see this frequently, but know that riding a motorcycle does not necessarily have to be a risky or dangerous activity that it often appears to be. In the state, many people enjoy riding and it should be a safe and enjoyable activity if all were to wear helmets, drive the speed limit and avoid stunts. However, this is not the case many times. Other motorists often don’t pay close attention to motorcyclists, and are at fault for accidents that occur. In the unfortunate death mentioned earlier, the driver of the motorcycle was obeying the law – it was the negligence of Roles that took his life.
Driving a motorcycle seems to put a motorist at increased risk for accidents in certain instances – for example, when drunk drivers are in the vicinity. When motorists are impaired, it puts others around them at a higher risk of being involved in an accident. Since motorcyclists are less protected, they are at a far greater risk of serious injury due to people around them who drive under the influence.
Motorists who drive over the speed limit may not be able to stop soon enough to avoid a crash, especially when weather conditions are dismal. A motorcyclist is often in greater danger of being killed or severely injured than other motorists if struck by a vehicle traveling at excessive speeds. While a helmet is always recommended, it cannot protect a motorists from serious injuries. Many drivers do not obey traffic rules, which place all motorists at a great risk of being involved in a collision which could result in serious injuries.
Some motorists are very aggressive, and feel that motorcycles have no business being on the roads. This attitude often leads drivers to follow a motorcycle too closely, cut him off in traffic or acting in other aggressive ways that can cause an accident resulting in serious injury or even death. If you are injured, make sure to contact a San Diego personal injury attorney to review your case during a free consultation.
The Reeves Law Group has offices across California, and is dedicated to representing personal injury victims, including victims of San Diego drunk driving accidents. Please contact us for a free consultation at (800) 644-8000.
Back in August, a Casitas Springs woman, Susan Herman, and her dog were crossing the street when they were struck by a car that was being driven by a 16 year old. Herman died of her injuries later at the hospital. At that time, the 16 year old boy, who did stop after the accident occurred, informed officers that he did not see Herman and her dog.
At the time of the Ventura truck accident, it was not clearly evident who was at fault in the accident. Since that time, it has been determined by investigators that the pedestrian, Herman, did indeed have the right of way, and that the teen driver was not paying close attention to his actions. It is a well known fact that teens, as well as other motorists, often eat, fiddle with radio stations and perform other tasks that are not inducive to safe driving practices.
Ventura pedestrian accident lawyers see these types of incidents frequently. When motorists fail to pay attention to their surroundings, accidents occur. Cell phones are another huge cause of accidents, and in this particular tragedy there is no information on whether a cell phone was in use at the time. Recently, driving while talking on cell phones or texting has been a popular subject in the news and other media.
A study was conducted in July by the Virginia Tech Transportation Institute which strongly connected the use of cell phones for text messaging while driving and the incidence of accidents. The study concluded that texting while at the wheel increased the likelihood of an accident by 23 times. At the end of this month, US Transportation Secretary Ray LaHood will be heading a summit to determine how to effectively deal with the dangers of texting while behind the wheel.
Other than lack of attention by drivers, other things that may cause an accident involving a pedestrian are speeding, driving while under the influence, failing to consider poor weather conditions and failure to yield the right of way. Drivers, including teen drivers, must make the decision to drive safely, be cautious when nearing an intersection or crosswalk, and be extremely watchful at night or during inclement weather. Tragic accidents like those in the case of Ms. Herman can often be avoided by taking extra precautions.
The Reeves Law Group has offices across California, and is dedicated to representing Ventura personal injury victims, including victims of pedestrian accidents. Please contact us for a free consultation at (800) 644-8000.
Recently the shoe manufacturer, Crocs, Inc. has settled with at least five product liability lawsuits with families whose children have been injured in escalator accidents while wearing their famous footwear. Personal injury lawyers of these families and others allege that the shoes, which are specially designed for comfort, were causing escalator accidents that led to serious injuries for children. Apparently the shoes can become easily caught in the side walls of escalators, even when children are standing still and behaving themselves on the machinery. At least eleven sets of parents have filed product liability claims against the company, five of which have now been settled by awarding substantial amounts of money to the parents of young victims.
In one escalator accident in Kentucky, a four-year old girl became stuck on an escalator because of her Crocs footwear. She ended up sustaining broken bones and lacerations from the accidents, causing her parents to file a product liability lawsuit as well. They claim that their child was standing perfectly still on the escalator before the accident occurred. Although Crocs, Inc. has already settled five of the product liability lawsuits filed against them and will likely settled several more, they continue to deny any accusations that their footwear is unsafe or defective in any way for children and adults alike.
Although Crocs, Inc. has yet to recall any of their footwear products, there have been a number of recalls conducted by companies and the Consumer Product Safety Commission because of various safety hazards. One such recall occurred earlier this year when a number of baby cribs were recalled because of the potential for falling accidents. The cribs apparently had defective side rails that could detach from the crib itself, allowing a child to fall out of the crib. Another recall was recently conducted for Little Tikes Clubhouse Swing Sets. The swing sets did not come equipped with assembly directions, and if one of the swing seats was not assembled properly to the rest of the piece, it could become detached from the rest of the set. This could also lead to serious falling accidents for infants and young children.
Defective or dangerous products are a hazard for everyone, but they are especially dangerous for children. Children are often unable to inform their parents or other caregivers that there is a problem with their toys, clothes, or necessities until substantial injury has already occurred. In many cases, children are even then unable to communicate that something is wrong. If your child has been injured because of a dangerous or defective product, you should call a product liability attorney. California product liability & recalled products attorneys have helped parents in the Crocs, Inc. liability lawsuits to receive compensation for the injuries their children have sustained. This compensation has helped them to pay for medical bills, as well as caused Crocs, Inc. to begin placing warning labels on their footwear so that other children can avoid future injury on escalators.
In California, when you are injured through the negligence or wrongful acts of another person, you have the option to bring a California personal injury lawsuit. If you’ve been injured in an accident that resulted because someone else was neglectful, even if you are partly at fault for that accident, an experienced California personal injury lawyer can help you recover damages to pay your medical bills and recover financial damages caused by your injury. Personal injury suits may include lawsuits arising from automobile accidents, medical malpractice, slip and fall accidents, dog bites, product liability cases and many other categories of personal injury.
In California, an injured party may bring a personal injury lawsuit against any party that was responsible or partially responsible for causing their injury either through negligence or through a wrongful act. In order for their to be a valid personal injury case, the following elements must be present.
Elements of a California Personal Injury Lawsuit
- Duty of defendant
The plaintiff must be able to prove that the defendant had an explicit or implied duty to prevent the injury in some way. “Duty” is a broad legal term which can extend to cover anything from the responsibility of a property owner to maintain safe conditions to the “duty of care” held by a physician who is charged with medical treatment for the plaintiff.
- Actual loss or damage resulting from the action or negligence
There must be an actual injury or loss resulting from the negligence or wrongful act in order for a plaintiff to bring suit and recover damages in a personal injury case.
- Causation
The plaintiff must prove that there is a link between the action or inaction of the defendant and the injury that he suffered. There are different degrees and types of causation under California personal injury law, including direct causation and proximate or legal causation. These can be extremely important in recovering damages in a personal injury case.
In addition, there are specific elements of personal injury lawsuits that exist for specific types of personal injury claims. The plaintiff in a product liability lawsuit, for instance, must prove that the product was actually defective, and that it was defective when it left the hands of the defendant in the case.
Statute of Limitations for Personal Injury Cases in California
California law also sets specific statutes of limitation – the period of time during which a lawsuit can be brought. The Statute of Limitations is different for different types of personal injury suits. In a wrongful death suit, for instance, the Statute of Limitations is two years in most cases, but there are exceptions based on the age of the plaintiff or in the case that the wrongful cause of death is delayed too late to file within the statute of limitations. Other personal injury lawsuits may have statutes of limitations ranging from one year after the injury to three years after discovery of injury.
If you have suffered an injury that was caused by the negligence or the wrongful acts of another, it’s important that you contact a Los Angeles personal injury lawyer as soon as possible. If the statute of limitations for filing a California personal injury suit has passed, you may have no recourse at all for recovering damages.
Over two years ago a woman driving an SUV, along with five of her passengers, was killed when her car was hit by an oncoming train on the railroad tracks at Claribel Road and Terminal Avenue. At this particular railroad crossing, there is a stop sign at which the woman stopped her car at the sight of an oncoming train. To her dismay, however, the front end of her SUV stuck out over the first rail of the tracks. She was unable to back up because of several cars parked directly behind her. In panic, she tried to speed over the tracks to avoid the train, but was unable to make it over the tracks in time. The train, which was traveling at nearly 80mph, hit her directly from the side, killing all six passengers in the SUV. Those passengers included the driver, her 3-year old son, her 5-year old son, another 5-year old boy, a 19-year old girl, and a 39-year old woman.
The husband of the woman driving the SUV has now filed a lawsuit against four of the railroad companies in the Stanislaus County for the California train accident, as well as the county itself. He claims that the railroads neglected to maintain the crossing at Claribel Road and Terminal Avenue, where the accident occurred, and failed to make it safe for vehicles and pedestrians. The man’s lawyers also point out that, although the California Public Utility Commission recommended that Stanislaus County remove the stop sign from this particular crossing in order to make it more safe, the county has failed to do so. In rebuttal, Amtrak has filed a lawsuit against this man, claiming that it was his wife who was entirely at fault in the accident.
For whatever reason, the number of deaths that are occurring in the East Bay area due to railroad crossing accidents in increasing all the time. These accidents involve vehicles much of the time, but pedestrians are becoming particularly prone to injuries and death in these circumstances. Although the accidents are typically the fault of the vehicles or pedestrians involved, there are a number of ways in which railroad companies can create safer crossing areas to avoid these types of accidents and the resultant injuries. One of the most significant ways in which railroad companies can accomplish this goal is by creating greater awareness of the potential danger at railroad crossings. They can also so more to teach residents, especially those in the East Bay area, how to conduct themselves safely while in an area with railroad crossings.
For those with loved ones that have been injured or killed at railroad crossings, it is important for you to seek a personal injury lawyer. It is often difficult and tedious to determine who is at fault when a person is injured or killed at a railroad crossing. The fault could lie with the railroad companies, the city or state governments, or the victim himself. Los Angeles Personal injury lawyers work on these types of cases regularly and are equipped with the experience necessary to determine who is at fault in an accident at a railroad crossing.
Back in 2006, a horrific motor vehicle accident occurred between four men in Ventura County which resulted in the death of one and injury of another. In October 2006, four coworkers of a restaurant decided to have drinks together in the closed establishment after a shift one night. Drinks were served and at least one of the men seemed unable to safely operate his vehicle. One of his coworkers took the liberty of driving the man home in his vehicle, along with the other two men as passengers. The intent of this coworker was to drive everyone home safely and return the vehicle to its owner the following morning. The owner of the vehicle, though, was not pleased with the idea. Believing that his vehicle was being stolen from him, the man rushed back to his vehicle as the other three men got back in it to leave. The man began a fight with his coworker who was at the wheel. This coworker, with the help of the other two, was able to overcome the owner of the vehicle, leaving him at home with his car. Rather than risk more problems by taking the vehicle, the three decided instead to simply walk back to their respective homes.
The owner of the car had other plans, however. He got into his vehicle while still under the influence of alcohol and chased his coworkers down the street. Two of the three were unable to get away from the coming vehicle in time and were struck. One died almost instantly while the other sustained serious injuries. The angry driver of the vehicle did not sustain any serious injuries whatsoever.
According to defense lawyers, the driver of the vehicle experienced a temporary blackout or loss of complete consciousness as a result of the fight he had with his coworker outside his home. The defendant’s lawyers claim that he continued in this unconscious, blackout phase as he climbed into his vehicle and ran down his coworkers. In contrast to this claim, the injured coworker and the coworker that was not hit by the vehicle claim that the driver appeared to be fully functional and aware of his doings. If the jury decides to side with the plaintiffs, the driver of the vehicle could face murder charges and spend years in prison.
Although it is still unclear just how aware the drunk driver was of his actions, it has been made perfectly clear again and again that drunk driving often leads to severe injuries and death. Alcohol and drugs have the ability to impair a person’s judgment, response time, and coordination, especially when that person is behind the wheel of a car. If you’ve been injured in an accident that involved a drunk driver, don’t hesitate to contact a Los Angeles Motor Vehicle Accidents attorney. Your Ventura auto accident attorney will be able to determine who is to blame for the accident and to whom you can expect to receive financial compensation for the injuries you incurred in the accident. Although this drunk driver is currently facing criminal charges alone, it is not unlikely that he will soon be facing civil charges filed by a personal injury attorney as well.
Recently in Hollister, California, a young man was sadly killed in a terrible California truck accident that could have been easily avoided. The man was traveling along HWY 152 in California and the driver was cut off by a large semi that was making an illegal u-turn. The man wasn’t able to stop in time before colliding with the massive vehicle. This unfortunate situation lead to the driver of the smaller vehicle crashing in to the side of the semi traveling at freeway speeds. The situation left the smaller vehicle’s top portion shaved off of the vehicle because of where the collision struck the semi.
The young 19-year old female was from Ceres and was quickly airlifted to a nearby hospital in San Jose, along with another passenger from the Hughson area. According to the last police report, they both remain in critical condition, having sustained very severe injuries. An 18-year old man from Turlock that was a fellow passenger in the car was proclaimed dead at the scene of the accident. Up to date, the driver of the truck that made the illegal U-turn and was at fault for causing this tragic accident, and he has not been arrested or even cited by the police department.
Across California and in major cities like Los Angeles as well as other states that are home to many highways and freeways ideal for traveling, truck accidents are frightfully more common than one may know. Although many of these accidents don’t occur as often as vehicular accidents that involve smaller vehicles, they can cause tremendous injuries and be much more deadly than an accident involving smaller vehicles. Simply understanding the size of the truck involved, the accident has much to do with how severe the injuries of the victims will be, but it is almost guaranteed that a an accident involving a large truck will cause much more damage than a typical accident between economy-sized cars or even SUV’s.
Many of the trucks accidents that occur every year in California occur because of negligent driving on the part of the truck driver. It has been discovered in past years that a number of the accidents caused by large trucks were a result of sleepy drivers that were working more hours than they were legally allowed to drive. Some of these accidents were also made worse because of the heavy loads carried by the trucks. Many of these loads were too heavy for the trucks to safely carry, but were transported anyway in order to save time and make extra money.
If you are ever injured in an accident in a major area of California, consider contacting a Los Angeles car accident lawyer or consider a Los Angeles California personal injury attorney to help you with the expenses involved from injuries and additional damages such as lost wages.
Despite the large number of accidents each and every year by negligent semi drivers, there are also many truck accidents that are caused by the drivers of smaller vehicles. It is incredibly dangerous to tailgate any vehicle, particularly a large truck, and yet there are many drivers who do so recklessly each and every day. There are also many drivers who pass trucks without heeding the fact that these larger vehicles also have a larger blind spot than their economy-sized cars. Whatever the reason and circumstances, you should contact a personal injury attorney if you’ve been involved in a truck accident or any other type of automobile accident.
 Recently one of the world’s biggest distributors of snacks, desserts, and even pet foods was forced to recall a number of products potentially containing the E.coli Bacteria. Nestlé Food Corporation was forced to recall hundreds of thousands of cases of its famous Toll House cookie dough because of several reports of E.coli poisoning. As a result, one young woman, with many others likely to follow, has filed a lawsuit against Nestlé when she became infected with the bacteria after eating the cookie dough. She was held in the hospital for a week, but thankfully survived the encounter with the potentially deadly bacteria. In addition to this young woman’s case, there have been at least 70 other reported cases of E.coli that have resulted from eating Nestlé’s ready-to-bake cookie dough.
The young woman now filing the lawsuit against Nestlé reports that she ate approximately half of the container of Nestlé raw cookie dough right from the package. After a few days, she started to experience nausea and abdominal cramping. She didn’t link her symptoms to the potential for food poisoning in California, however, until she began to have bloody diarrhea. The young woman went to the hospital where a biopsy was performed and an infection caused by E.coli was found. Because of the potentially fatal results an E.coli infection can have, it was incredibly fortunate that the woman was able to be treated so quickly. If an E.coli infection goes unchecked, it can often lead to the kidney failure and death of its victim.
Investigators are still in the process of determining how Nestlé’s prepackaged cookie dough was contaminated with the E.coli bacteria. When E.coli infections break out, they can typically be linked to meat products that haven’t been cooked well. This is because E.coli bacteria live within the stomach and intestinal tract of cattle, goats, and several other types of farm animals. How and why the bacteria ended up in Nestlé Tollhouse prepackaged cookie dough remains a mystery that the FDA, along with Nestlé Food Corporation, is attempting to solve.
With the recent outbreak of Salmonellosis that was linked earlier this year to contaminated peanuts and pistachios, food safety has become the top priority of the FDA. These tainted nuts caused several deaths and hundreds of hospitalizations across the United States. If you or someone you love has contracted a serious illness from contaminated food products, you should call a San Carlos personal injury attorney in your area as soon as possible. Food manufacturers are responsible for selling their consumers safe food products. Therefore, when the food you purchase has been contaminated, the company manufacturing it has likely shirked its duty to provide safe groceries for you and your family. A personal injury attorney can help you reach the settlement you deserve from the injuries you’ve sustained from contaminated food products. The young woman who spent a week in the hospital with an E.coli infection will likely receive all the compensation she needs to cover her medical expenses, as well as compensation for the pain and suffering she had to suffer.
In the past ten years in California, there have been thousands of cases of drunk driving accidents in which victims were either seriously injured with lifelong, debilitating wounds or killed as a result of the crash. Recently in the area of Yuba County, one drunk driver was sentenced to over 60 years in prison because of his role in the deaths of six people in one accident. The people killed included a mother and father, their two children, and the parents of the mother. Five of these victims were killed instantly when their car was run off the road and head on into a tree. In fact, the impact of the crash was so great that the car did not stop until the trunk of the tree was positioned in the backseat of the vehicle. The man who caused the accident had a history of alcoholism and abuse of other types of drugs as well, including marijuana and various types of methamphetamines. He had been to court for drunk driving before, but had obviously not learned his lesson.
Prior to the accident that led to the death of these six victims, the guilty man had been to court more than once for alcohol-related problems, including driving while under the influence. Various courts had ordered him to seek counsel and help for his problem with alcoholism. However, the man did not simply neglect to seek help; he blatantly refused it. This man’s problematic addiction to alcohol ended up costing six people their lives. The accident robbed their remaining family members of the physical companionship and love of those who are now deceased. Although the man is now in prison for a long period of time with no opportunity for parole, this sentence will never be able to fully satisfy those who have been left to mourn the loss of his victims. In addition, filing a personal injury claim against the man for monetary compensation would also not be able to make the family feel entirely justified. However, filing a personal injury claim and receiving monetary compensation would likely help the family mourn over their losses more easily by covering any medical and funeral costs that could cause greater stress and worry in their lives.
Los Angeles Drunk driving accidents are one of the most hazardous types of car accidents that can occur. Although many are able to file criminal charges against the person or party who caused the drunk driving accident, most people do not think to file a civil suit with a Los Angeles personal injury lawyer for damages. When won, personal injury claims may be able to cover all of the medical and funeral costs that are often incurred as a result of drunk driving accidents. Again, although these types of claims do not necessarily provide the justification and peace a family is looking for when their loved ones are injured or killed in a drunk driving accident, the compensation can greatly reduce the stress, anxiety, and pressure they are likely to feel.
Last weekend, there were likely a number of people killed in drunk driving accidents in California. One of these incidents occurred when a nurse was killed by a drunk driver on her way home from work. The young woman was only 26 years old and had been working as a nurse at a local hospital near her home in Bakersfield for nearly five years. She finished her night shift at the hospital in which she worked and climbed into her Nissan to return home to her children. On the way, however, she was struck by a drunk driver in a Mercedes. The driver was also a resident of Bakersfield and nearly middle-aged. When the Mercedes struck the nurse’s Nissan, the smaller car was sent crashing into a wall. The nurse was killed almost instantly, being declared dead on the scene. She never made it home to her two young children that night. They are ages 11 and 8, and one of them is mentally handicapped.
The nurse took the precaution to wear her seatbelt that fateful night last weekend, but it did not save her life and did not save her children the anguish of losing a mother. The drunk driver of the Mercedes, in contrast, received minimal injuries. She was immediately taken to jail and may be charged with felony drunk driving and gross vehicular manslaughter for the crime she has committed. The woman’s negligence and reckless behavior were the direct causes behind the nurse’s demise, making the drunk driver liable for the death of this mother of two.
It doesn’t seem fair that this responsible nurse and mother was killed in an accident caused by a drunk driver. It doesn’t seem fair that the drunk driver was able to walk away virtually scratch-free. Yet accidents like these occur every single day throughout the United States. It is because of these accidents like these resulting the wrongful death of an innocent victim that personal injury attorneys are so necessary. Personal injury attorneys in Bakersfield California can help ease the financial burden left on families following the death of a loved one. They can also help families received the resources they need to help them through the grieving process that naturally follows death.
Although there is nothing that a personal injury attorney could do to bring this nurse back to her family and friends, a lawyer can help provide financial relief to the survivors left behind after wrongful deaths such as hers. Many monetary responsibilities are placed on family members when a loved one passes away. The average minimal cost of funeral arrangements today is approximately $6,000, a sum that most Americans cannot afford to pay without proper warning and preparation. However, deaths like that of this nurse and mother of two occur without any kind of warning or preparation. Personal injury attorneys help their clients receive the monetary compensation they need to cover these burdensome expenses so that they can focus their energies on mourning and accepting their new life without the loved one that has passed on.
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Unknown to many is the fact that as flat-screen televisions become more popular in the United States, the number of accidents in which children are injured increases as well. This is because there have already been hundreds of cases reported in which children have been injured by flat-screen TV’s that have fallen from off the wall or the entertainment unit on which they sit. Although these televisions are generally lighter than their more traditional counterparts, they are much more likely to cause injury than standards television sets. One reason for this is because these televisions have a smaller degree of surface area on which they can rest, so they can be incredibly unstable. The entertainment units often come equipped with that same design and same level of instability. Another reason is due to the lighter weight. The lightweight feature makes flat-screen televisions easier to carry and, as a result, easier to tip over by both children and adults alike.
There are literally thousands of children across the nation that are injured every year because of falling furniture. Since the production of flat-screen TV’s has continued to increase over the last fifteen years, the reported injuries involving falling furniture has increased by nearly 50%. In fact, nearly 50% of all childhood injuries sustained by falling furniture are the direct result of falling television sets. The majority of the injured victims of falling furniture are children less than five years old. Although deaths resulting from these accidents are thankfully not as common as the injuries, they still occur on a regular basis. It’s true that children are the typical victims of these types of accidents, but adults are also subject to injury from falling furniture, including flat-screen television sets.
The Consumer Product Safety Commission (CPSC) has recommended a few guidelines that can help consumers avoid injury from falling flat-screen television sets, particularly for children. Where possible, it is recommended that consumers place their flat-screen TV’s close to the ground. This will create more stability at the base of the television. Also, in the instance that the television does still fall, the distance will be reduced, decreasing the impact it will have upon landing. Parents should remember not to place their children’s toys on top of the television set, either. Oftentimes young children will attempt to climb atop a television set in order to reach those toys, calling the appliance to fall and injure them. If placing the flat-screen television set close to the ground is not an option, make certain that you use extra strength brackets or safety cords in order to mount the TV to the wall. A flat-screen TV falling from a significant distance can be fatal for small children. Lastly, do your best to get a television set with a solid base. Many flat-screen television sets are created with the majority of the weight at the top, making it easy for them to tip over. Attempt to purchase a flat-screen that is more weight-balanced for the safety of your family.
If you are injured in California, consider hiring a Los Angeles California personal injury attorney to help protect your rights and get you money from medical bills, lost wages and more.
Recently, a child pedestrian was struck by a drunk motorcyclist in Marin County, California. The 9-year old girl was crossing a street with her father when the motorcyclist, having already run a red light, collided with both the child and her father at excessive speeds. The girl was killed almost instantly while the father received severe injuries. In fact, he has already had to have one leg amputated because of the accident. The man who viciously ran down the young girl and her father is now facing murder charges from the Marin County District Attorney.
Soon after the accident, the police reported that when the man was driving his motorcycle that fateful day, he had a blood alcohol level that was twice as high as the legal limit allows. To make matters worse, this was not the man’s first incident involving drunk driving. In fact, the man had been arrested at least six times previous to this accident for the same crime—driving while under the influence of alcohol. Until now, however, there has never been a visible victim of his drinking problems. Yet because of his continuing problem, he has now taken one life and broken another. The man is being charged with murder, partially because of “implied malice.” The man was well aware of the dangers of drunk driving, having previously been to prison and possibly even rehabilitation programs because of it, and yet he chose to drive under the influence regardless of his knowledge. This constitutes “implied malice” in a court of law and could, in accordance with the hopes of the DA, place the man in prison for a life sentence.
Although the grieving process this family has been forced to bear is their greatest burden, there has also been financial burdens placed upon their shoulders. Funeral arrangements are more expensive now than they have ever been, and the medical costs the father has incurred are likely astronomical. In addition to the immediate medical costs of having his leg amputated and his other wounds cared for, this man will likely have to undergo extensive rehabilitative services in order to live without a leg and walk again with the use of a prosthetic piece in its place. These services will likely cost thousands and possibly even millions of dollars.
If you’ve been injured in a California pedestrian accident or any other type of accident, you should acquire the advice and counsel of a Los Angeles personal injury lawyer or attorney. Personal injury lawyers specialize in injury cases with the determination to help their clients receive the monetary compensation they need in order to cover the expenses they incurred during an accident. Although the financial aspect of funerals and medical attention is likely to be the last thing on a person’s mind when a loved one is injured or killed, these burdens will not simply disappear and can significantly increase a person’s stress and anxiety during the period of time in which they should be given the opportunity to mourn and heal.
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