Stockton Injury Lawyer Blog

Who Is Responsible For Injuries In Los Altos Car Accident?

Sun, 13 May 2012 10:22:01 -0800

A recent lawsuit filed by the city of Los Altos against a homeowner underscores the various factors that may be involved in any one accident and the need to have an experienced Stockton personal injury lawyer evaluate all possible causes of an incident.

The recent California negligence case filed by the city of Los Altos against Mark Choo alleges that dangerous conditions on his property led to a serious injury accident. According to the lawsuit, two women were attempting to cross a road. Although a car traveling northbound stopped to allow the women to cross, a car behind them failed to slow down and rear-ended the vehicle, sending the car into the women. The women suffered serious and permanent personal injuries.

Numerous causes may be to blame in this accident, which remains under investigation. The city claims that the property owner is at fault for allowing a large tree on Choo's property to become overgrown and obscure visibility. Choo claims that the tree does not obstruct the crosswalk and that he had been instructed by PG & E not to trim the branches. Further, allegation exists that the intersection itself was dangerous, and that the city was to blame.

Finally, questions are raised concerning the driver's failure to stop.

Distracted Driving Leading Cause In California Accidents

Sun, 06 May 2012 11:34:08 -0800

Nearly 200,000 California car accidents involving injuries occur each year, and the number continues to rise. The causes of car accidents vary, from driver error, to roadway negligence and automobile defects. However, driver distraction remains one of the leading causes of roadway accidents. While many accidents can't be prevented, following safety tips can go a long way in avoiding injuries.

Recently, a California Highway Patrol was interviewed concerning the CHP's approach to ticketing drivers in an effort to improve safety. As provided in the article, many Californians have the misconception that CHP officers ticket drivers in order to raise revenue. However, the reality is they are trying to save peoples lives and prevent serious personal injuries.

By ticketing those who violate California hands free laws, CHP officers hope to decrease the number of car accidents that occur. Statistics show that drivers are four times as likely to get into injury accidents as those who avoid cell phone usage. Further, the group with the greatest proportion of distracted drivers is those under 20 years old. In fact, 16% of fatalities for California's youngest drivers are the result of distracted driving.

Further, despite the push for hands-free cell phone usage, studies show that the risks of hands-free v. hand-held usage is minimal. The danger comes from the distraction having a conversation provides, not from the type of device you use.

Who Is Responsible In California Carpool Accidents?

Sun, 29 Apr 2012 14:23:25 -0800

Many people take advantage of California's carpool lanes (also called HOV - high occupancy vehicle lanes) as a way to move quickly through congested freeways. The appeal of carpools is understandable - you can get to work more efficiently and alternate driving responsibilities. However, just as in other lanes of traffic and in single car accidents - carpoolers can find themselves in accidents and collisions. Many people don't realize that even if you're a passenger - you may face liability for a car pool accident.

If you have been injured in any type of California car accident, consulting with an experienced Stockton personal injury lawyer is important to protect your rights and answer your personal injury questions.

If you have been involved in a carpool car accident, a couple of tips to remember include:

• California is a comparative negligence state. This means that anyone responsible can be held liable for his or her percentage of fault. Even if you're not driving but do something that affects the driver - such as distracting them so that they lose focus on their driving - you may be held responsible for any ensuing injuries.

• Similarly, if you have been injured in a carpool accident you may be able to seek damages for your injuries from both the driver of your vehicle and the driver of another vehicle (or other entity) involved in the crash.

Court Determines General Contractors May Be Liable For Independent Contractors' Work Place Injuries

Sat, 21 Apr 2012 11:47:52 -0800

A long running case recent case has determined that a general contractor may be held liable for personal injuries suffered by an independent contractor if the general contractor actively engaged in conduct that contributed to the independent contractor's injuries.

In Tverberg v. Fillner Construction, Inc. an independent contractor was injured on a worksite after falling into a four-foot deep hole. The contractor had recognized the danger and requested that the condition be fixed. However, before the dangerous condition could be remedied, the contractor was injured.

If you have been injured in a workplace accident it is important to contact an experienced Stockton work place accident attorney to discuss your case and determine your next steps.

This case went through several court hearings, looking at the responsibility of different people on a job site, including the owner, the general contractor, supervisors and several lower level subcontractors when a party suffers an injury.

Here, the court determined that although an independent contractor on the job may retain some responsibility for his or her injuries, a general contractor on a jobsite could be held directly liable for injuries suffered by an independent contractor where the general contractor actively engaged in conduct that contributed to those injuries.

Teen Safe Driving Week Highlights Distracted Driving Accidents

Sat, 14 Apr 2012 09:17:03 -0800

This week marks the beginning of California Highway Patrol's "Teen Safe Driving Week" with an urgent reminder from the CHP about the dangers of distracted driving.

Patrol officers state that despite state laws banning texting while driving, distracted driving - including texting, cell phone usage and eating and drinking while driving - have reached epidemic proportions.

In fact, driver distraction is the leading cause of car accidents, with the National Highway Traffic Safety Administration estimating that nearly 80% of all car crashes involve some form of driver distraction.

If you or a loved one has been injured in a car crash as the result of driver distraction or any other factor, it is important to consult with an experienced Stockton car accident lawyer immediately to protect your rights and begin an investigation into the all of the circumstances surrounding the incident.

As part of CHP's driver distraction awareness campaign, CHP conducted driving skills tests at California high schools. During the driving test, volunteers were asked to drive through a parking lot while performing a variety of activities that cause distraction including drinking water, placing a cd into the player and text. The driver's inevitably missed turns and ran over cones. Had the drivers taken these actions on the open road the result could have been far worse.

Football Players Sue NFL For Head Injuries In Richards et al v. National Football League

Fri, 06 Apr 2012 08:58:55 -0800

A new lawsuit has been filed by 72 former football players against the National Football league alleging that the league was responsible for their injuries and damages - including brain injuries and head trauma. The lawsuit - Richards et al v. National Football League - claims that the league conspired "to prevent players from having accurate an correct scientific information about head traumas in the NFL in order to prevent knowledgeable and informed collective bargaining on behalf of the plaintiffs.

Traumatic brain injuries (TBIs) can arise from a variety of situations but generally occur as the result of a sudden blow to the head. Common situations that cause TBIs include car accidents, slips and falls and sports accidents. If you believe that you or a loved one has suffered a brain injury as the result of another person's actions, it's important to speak to an experienced Stockton brain injury lawyer. Where someone's negligent or wrongful conduct causes a head injury - such as a TBI - it may be possible to recover compensation.

In the football players brain injury lawsuit, the players allege that the NFL was legally responsible for causing neurological problems and other harm as the result of playing football and that the complaint "arises from the pathological and debilitating effects of head injuries and concussions." The players also assert that the NFL was aware of "the evidence and the risks associated with repetitive traumatic brain injuries and concussions for decades, but deliberately ignored and actively concealed the information."

Jury Awards Menlo Park Woman $22 Million In Medical Malpractice Lawsuit

Sat, 24 Mar 2012 15:53:59 -0800

Palo Alto news reports that a Menlo Park woman has been awarded a $22 million medical malpractice verdict. According to the negligence lawsuit, Robyn Frankel underwent an unnecessary medical procedure that caused her to have a stroke, and she subsequently lost use of her arms and legs.

If you have suffered injuries as the result of another's reckless or negligent conduct it may be possible to bring a personal injury lawsuit. Where a doctor, nurse or other hospital staff fails to act with the requisite "standard of care, an injured party may be able to bring a medical malpractice claim. If you have been harmed as the result of another's negligent or wrongful conduct, it is important to speak to an experienced Stockton personal injury attorney to determine your rights and obtain compensation.

Here, doctors with the Palo Alto Foundation Medical Group ordered an angiogram to investigate an abnormal vein in Frankel's brain in order to determine the cause of her migraine. During the procedure, Frankel suffered a vasospasm and went into a coma. Evidence presented at trial revealed that the angiogram was unnecessary and that the Medical Group's negligence was a substantial factor in causing the harm to Frankel.

New Toyota And Chrysler Recalls Issued Due To Safety Concerns

Mon, 19 Mar 2012 09:39:30 -0800

This past week both Toyota Motor Corp. and the Chrysler Group announced significant vehicle recalls due to safety issues. Cars affected by the recall include Tacoma Trucks, Camry sedans and Venza vehicles. Problems include airbag defects that prevent the airbag form deploying in the event of an accident. Additionally, Chrysler is recalling over 200,000 Jeep Liberty sport utility vehicles due to problems with its rear lower arms that may cause drivers to lose control of the vehicle. The number of injuries caused by these defects is unclear.

If you have been injured in a car accident or other motor vehicle accident as the result of a defect, several different avenues of recovery exist. Filing a product liability lawsuit may be possible to recover compensation for your injuries. Consulting with an experienced Stockton product liability attorney is important to determine your rights.

Product liability lawsuits fall into three main categories.

• Design Defects - these occur when foreseeable risks of harm could have been reduced or eliminated by using another design, and failure to do so makes the product unsafe.

• Manufacturing Defects - these occur when the product is being made. Usually an. error in the manufacturing process causes just a few products out of all those of the same type to be defective. Products are designed to be used for certain purposes and if someone uses them for another purpose, there may be danger of harm. Therefore, the manufacturer has to include clear, visible and concise warnings describing the danger and failure to do that can cause the product to be considered defective.

• Marketing Defects -- the distributor and seller of the product may also be liable in a strict liability case, if there is found to have been misleading marketing.

Racing Accident Leads To Numerous Personal Injury Lawsuits

Mon, 12 Mar 2012 09:05:36 -0800

A recent article out of San Diego details the tragic circumstances surrounding the deadly off-road trucking accident that occurred a little over and year and a half ago. The Mojave Desert off-road racing accident killed 8 spectators and seriously injured many more. After the accident, several lawsuits have been filed alleging negligence on the part of the U.S. government, race organizers and the driver, Brett Sloppy.

Sloppy, a San Marcos man, hit a rock at the bottom of a jump, which then caused his truck's steering to fail. The truck overturned and plowed into a crowd of spectators.

If you have been injured in a serious accident - or lost a loved one as the result of wrongful or negligent conduct - consulting with an experienced Stockton personal injury attorney is important to answer your personal injury questions and protect your rights.

Here, several avenues of fault may exist. First, an internal investigation has shown that the Bureau of Land Management did not adequately monitor the race and failed to follow all the necessary procedures. Further, only one ranger was on patrol. Spectators crowded the course.

Nearly all of the families of individuals killed have filed wrongful death suits, while many of those injured have filed personal injury lawsuits.

California Nursing Home Fined For Failing To Adequately Supervise Residents

Mon, 05 Mar 2012 21:21:53 -0800

A California nursing home has been fined $80,000 based on its failure to prevent the nursing home wrongful death of a patient at one of its facilities. The Los Angeles Times reports that the state regulators have concluded that the Motion Picture & Television Fund "failed to ensure an environment free of accident hazards with adequate supervision, leading to the death of a patient."

Unfortunately, dangerous conditions and a lack of adequate supervision are prevalent concerns facing nursing homes throughout California and the United States. Although many nursing homes provide quality care, too often our elders are victims of nursing home neglect. If you believe a loved one has suffered an injury at a nursing home due to neglect or abuse, it is important to speak to a Stockton personal injury lawyer immediately to answer your nursing home neglect questions and determine your next steps.

Here, a 90-year-old California woman who was a resident at the Motion Picture & Television Fund's nursing home suffer a fatal fall at the Fund's Woodland Hills facility. A wrongful death lawsuit alleged that the nursing home staff "failed to properly monitor Delay, a wheelchair-bound patient suffering from Alzheimer's disease."

Investigation Continues Into Costa Concordia Cruise Ship Disaster

Mon, 27 Feb 2012 08:56:42 -0800

As more bodies are pulled from the wreckage, the investigation into the Costa Concordia cruise ship accident continues with more company executives coming under investigation for possible negligent conduct. News reports that just last week an additional 8 more bodies were found and 7 remain unaccounted for.

The cruise ship accident occurred off the Italian Coast a little over a month ago. More that 4200 passengers had to be evacuated after a rock tore a hole in the shop and capsized the boat. At least 25 people have died. As the result of the accident, several civil negligence lawsuits have been filed including a Florida class action lawsuit alleging fraud and gross negligence.

Accidents happen when you least expect them. When accidents happen while on vacation or in a foreign country, those harmed are often confused about where to turn, what help exists and question their legal rights. Consulting with a knowledgeable Stockton personal injury lawyer is an important first step to provide personal injury answers and resources.

Several important issues are raised when boating accidents and cruise ship accident occur, including: Where can I file a boat accident lawsuit? What laws govern my cruise ship claim? Who is responsible for my cruise ship injuries? These are complex questions and require the assistance of a top boating injury attorney. The good news is that in many situations, those injured may be able to recover compensation for the harmed caused.

Worker Killed In Luggage Conveyor Accident

Mon, 20 Feb 2012 18:23:59 -0800

News reports that a U.S. Airways employee has died in a work-related accident. Robert Demarco, a 60-year-old worker, died last week after becoming stuck between the upper and lower luggage conveyor belts at the Phoenix Sky Harbor International Airport. The accident remains under investigation.

Whenever a work place accident occurs, many considerations come into play. It is important for the injured party or the family of a loved one killed in a wrongful death to discuss the next steps with a Stockton workplace accident attorney.

Two separate paths exist to recover compensation when workplace accidents occur. The first, worker's compensation, provides compensation to those injured at work regardless of fault. This means that you don't have to show that your employer's negligence or wrongful conduct led to your harm. Employers are shielded from liability and the injured and/or their families receive a percentage of the employee's salary to cover medical bills and temporary or permanent disability. The amounts collected are generally lower than in a civil lawsuit, but may be easier to recover.

Alternatively, in some work-place accidents it may be possible for an injured party or family member to recover compensation in a "third-party lawsuit." Filing a third party claim may be possible where a party other than the employer is directly responsible for an injury. This may occur in such instances as where the machinery or tools used are defective, or where a third party contractor or property owner create a dangerous condition.

Muni Sued For Negligence Arising Out Of San Francisco Pedestrian Accident

Sun, 12 Feb 2012 09:20:23 -0800

According to reports, a negligence lawsuit has been filed against Muni after a San Francisco Municipal Railway bus driver hit and killed a pedestrian, Emily Dunn, in the city's Castro District. The Muni bus lawsuit alleges fault on the part of Muni officials for placing an inexperienced driver on a new route.

If you or a loved one has been injured in a motor vehicle or pedestrian accident, consulting with an experienced Stockton personal injury lawyer is important to begin an investigation into the various factors that may have caused or contributed to an incident.

Here a complete investigation into the pedestrian accident involves more than just looking at the actions of the driver of the bus - Wallace Loggins. Loggins was charged last month with misdemeanor vehicular manslaughter and pleaded not guilty. He was turning left when he hit Dunn, who was almost across the street when she was struck. Loggins didn't realize he had hit someone until he heard screams from a bystander. According to the wrongful death lawsuit, while Loggins may be partly to blame for this accident, it was Muni's negligence that "caused" the death. By placing a new driver with just eight months experience on a new route, Muni acted negligently and caused the harm. The suit claims that Loggins "did everything he could," but he was on a new route, lost and Muni failed to provide directions.

Costa Concordia Cruise Ship Accident Raises Questions Of Liability And Right To Compensation For Injuries

Mon, 06 Feb 2012 10:07:00 -0800

The recent Costa Concordia cruise ship disaster has raised several questions of liability for the passengers on board and their families, and leaves many future cruise ship passengers wondering about their rights if injured when on a cruise.

The Costa Concordia ran aground on January 13, with a confirmed death toll of 15, with another 17 people still unaccountable. If you've been injured on a cruise ship, the laws that affect you are varied and complex, and may involve both international and local jurisdictional issues. Consulting with a Stockton personal injury lawyer concerning your rights is important to ensure you obtain the compensation you deserve.

Here, shortly after returning home, many of the passengers received phone calls saying that they would be receiving "compensation packages," the details of which were not yet provided. Further, several lawsuits have been filed on behalf of the survivors, seeking millions of dollars in damages. In one Costa Concordia lawsuit, passengers allege breach of contract and negligence. The breach of contract claim asserts that the passengers entered into a contract with Costa Concordia for a safe ride when they bought the ticket and this contact was breached when the ship failed to safely reach its destination. Additionally, the complaint alleges that the cruise ship was negligent in failing to evacuate the passengers in a timely manner and notify them of the danger.

Representatives are seeking damages for emotional distress, medical expenses, and breach of contract.

Record Setting Medical Malpractice Verdict

Mon, 30 Jan 2012 09:41:55 -0800

In what is being reported as the largest medical malpractice verdict in Wyoming state history, a jury has just awarded a man and his wife $9 million as the result of emergency room negligence. The medical malpractice case arose out of the actions taken by ER physicians and staff after a 51-year-old oil field worker suffered injuries in a truck accident. The man was driving down an icy road when his truck slid off the pavement, rolled over several times and landed upside down. He was immobilized by emergency medical workers who placed him on a backboard and fit him with a neck brace to prevent further damage.

If you have suffered injuries in any type of accident, after you've obtained the medical assistance necessary, it is important to speak with an experienced Stockton personal injury lawyer to protect your rights and determine your next steps. In many circumstances, it may be possible to obtain compensation for your harm.

In this situation, the treatment the accident victim received - or failed to receive - led to further injuries. Once the truck driver arrived at the hospital, the ER physician ordered X-rays and CT scans of the patient's head, spine and facial bones but not of his neck - despite his complaining of neck pain and was released without a cervical collar. Four days later he returned to the hospital with extreme shoulder and neck pain, along with weakness in his arm. Tests revealed he had a broken neck requiring emergency surgery. As the result of the failed diagnosis, the man is in extreme pain, unable to work and primarily confined to home due to his disability. Based on evidence introduced at trial, the jury determined the hospital had been negligent in failing to take neck x-rays.