Sacramento Injury Attorney Blog

In July, a tragic drunk driving accident claimed the life of Jose Cortez Diaz. Jose was buckled up in his family's truck when it was hit by a truck driven by a drunk driver.

According to the Mercury News, Jose's father, Jesus, had pulled his truck over to the side of the road after experiencing car trouble. While Jesus was trying to unbuckle Jose, a drunk driver slammed into the truck, sending a heavy toolbox into Jesus' head, killing him instantly. CHP reports that the driver had a blood alcohol content level twice the legal limit and had fallen asleep at the wheel.

This past week, Santa Clara County launched its annual "Avoid the 13" campaign cracking down on drunk drivers. The Cortez family has been chosen as symbol of the devastating impact DUIs can have.

Statistics show that one person is killed every 30 minutes due to alcohol related crashes. Despite the frightening statistics, drivers continue to drink and get behind the wheel. Victims of these accidents suffer serious consequences - substantial medical bills, lost wages, and emotional distress. Where a wrongful death occurs - such as with the Cortez family, the loss may be overwhelming.

Continue reading "Tragic San Jose Drunk Driving Accident Devastates Family" »

Earlier this week, Governor Schwarzenegger signed into law AB 2486, the Teen Alcohol Safety Act. AB 2486 allows for civil litigation against "social hosts" who serve alcohol to underage individuals. Social hosts include parents, homeowners, or other individuals over 21 who furnish alcohol to underage drinkers who are in their homes.

A Redding, California couple spearheaded AB 2486 after their daughter died from alcohol poisoning at a friend's house. According to Mothers Against Drunk Driving (MADD), over 10% of drunk driving fatalities are caused by teen drinking and driving. In many cases, those teenagers were served alcohol at a home where an adult was present before getting behind the wheel.

Although the new bill removes immunity previously afforded to social hosts, it does not automatically establish liability. Rather, families of those injured or killed must establish negligence occurred. Specifically, those injured must show that the adult or "social host" knowingly furnished alcoholic beverages at his or her residence to a person under 21 years of age.

In a press release Schwarzenegger stated that he was pleased to sign AB 2486 because "parents and adults have a responsibility to protect children and underage youth from alcohol."

As a California personal injury attorney concerned about the safety of California roadways and protecting consumers from harm, I believe this law is necessary and am hopeful that it will help prevent more tragic alcohol-related accidents and deaths.

Continue reading "Schwarzenegger Signs California Teen Alcohol Safety Act" »

On Wednesday, the California Interscholastic Federation (CIF) released new rules regarding the use of metal bats in high school baseball. After several serious head injuries occurred as the result of metal bat use, the CIF is requiring aluminum bats be tested to ensure speeds ball may be hit is restricted and to include tamper-proof decals which change color if bats are improperly modified.

Much of the discussion concerning metal bats was the result of the head injury sustained by Gunnar Sandberg, a Marin County pitcher who was hit in the head by a line drive this spring. He was in a coma for several weeks following this accident. Luckily, he has recovered and plans to resume playing baseball.

Sadly, it often takes serious accidents for manufacturers, coaches, and even players, to recognize the potential hazards and make the requisite safety improvements to products we've grown accustomed to using.

When manufacturers know of dangers but fail to take adequate steps to warn consumers, coaches and distributors or fail to make design changes that can eliminate hazards, they may be found negligent.

Continue reading "California Schools Must Follow New Bat Safety Rules To Prevent Head Injuries" »

According to Sonoma County's PressDemocrat, the driver of the SUV which led to the tragic bus accident near Fresno was drunk.

Sylvia Lopez Garay had a blood-alcohol level of 0.11. California's legal limit is 0.08.

The accident occurred after Garay's SUV rolled over on Highway 99. Garay and her passengers exited the vehicle, leaving the overturned truck in the fast lane. Witnesses report that the Greyhound bus driver didn't have enough time to react as he approached the overturned vehicle, first crashing into the SUV, then another vehicle, before careening off an embankment and into a large tree.

Although the accident is still under investigation, it appears that drunk driving played a role in this tragedy. In California and across the United States, driver intoxication is a leading cause of accidents. In fact, Mothers Against Drunk Driving reports that one person dies every 30 minutes due to an alcohol related crash.

The good news is most California towns are reporting a decrease in DUI accidents as compared to 2009. However a few cities, such as Santa Cruz, report a dramatic increase in DUIs.

Continue reading "Driver Linked To Fresno Bus Accident Was Drunk" »

In a recent decision, the California Supreme Court held that National Park and other recreational workers must ensure the safety of visitors, or be found liable for their actions.

The impact of this holding could have far-reaching implications throughout California - including in National Parks such as Yosemite and Muir Woods - and across the country.

In Klein v. US, a bicyclist was riding through the Angeles National Forest when he struck head-on by a car driven by a volunteer working for the United States Fish and Wildlife Service. He was seriously injured in the collision.

At issue was whether a landowner owes a responsibility to those on its land for recreational purposes. Here - the landowner is the United States government. After extensive review, and based on the plain language of the statute at issue (Civil Code Section 846) the Court determined that landowners may be held liable for the negligent conduct of their employees - including vehicular negligence. The Court rejected the United States' argument that the landowners were shielded from liability for negligent acts because they were on Federal Property. Rather, the Court was swayed by California's "strong interest in promoting the safe driving of motor vehicles and in preventing or minimizing personal injuries from motor vehicle accidents."

Continue reading "Landowners - And Their Employees - Responsible For Negligent Conduct In National Parks" »

The Sacramento Bee reports that in order to decrease the number of boating accidents in Lake County and throughout the Sacramento County area, the Lake County Sheriff's Marine Patrol will set up a boating under the influence (BUI) checkpoint this Saturday, July 24 on Clear Lake.

The Marine Patrol aims to reduce alcohol -related accidents and enforce boating laws on Clear Lake. At the checkpoint, boaters will be asked some brief questions. Boat operators will be detained longer for testing if they show signs of intoxication or impairment.

The U.S. Coast Guard reports that in 2008, alcohol use was the leading contributor to boating accidents, and the leading factor in 17% of fatalities.

Alcohol has been shown to seriously impair boater's vision, which in turn may lead to serious accidents. Recreational boaters are often less experienced on the water than drivers on the highway, and their lack of experience is exacerbated by alcohol use.

The USCG suggests bringing non-alcoholic beverages on board, keeping plenty of food and snacks and avoiding excessive fatigue.

Although alcohol is a leading contributor to boating accidents, other factors play a role including excessive speed, driver distractions and reckless conduct.

Continue reading "Sacramento County Sets Up Checkpoint To Eliminate Boating Accidents" »

According to KTVU.com, a Pleasanton rollercoaster recently malfunctioned at the Alameda County Fair, leaving 5 children and 2 adults injured. The same model of rollercoaster the "Wacky Worm" injured a worker at the Sonoma-Marin County fair the week before.

In the Pleasanton incident, a chain came loose from the rollercoaster, striking the people on the ride. The ride was re-opened the next day after passing safety inspections.

When people go to amusement parks - both children and adults alike - expect to have fun and maybe even be a little scared on the rides, but ultimately be safe. Occasionally rides malfunction and potentially serious personal injuries may result.

If the injuries are the result of negligence, you may be able to bring a claim for premises liability. A premises liability action exists where someone is lawfully on another's property and is injured due to an unreasonably dangerous condition.

Continue reading "Pleasanton Rollercoaster Accident Injures 5" »

According to the Contra Costa Times, a Vacaville man has died as the result of injuries sustained in a motorcycle accident over the weekend.

The specific reasons that caused the man to lose control of the motorcycle and leave the roadway are unknown. He suffered serious injuries as the result of the crash and died shortly thereafter.

Too often, motorcycle crashes end in serious injuries and death. Little protection separates the driver from the road. Whether the man in this tragic accident was wearing a helmet in this instance has not been reported. However, helmets remain one of the top safety precautions a motorcyclist can take to prevent serious head and brain trauma and other life threatening injuries.

Other motorcycle safety tips include:

• Avoid distracted driving
• Be aware of changing road conditions
• Pay attention to your body position on the motorcycle
• Maintain your motorcycle's condition

Continue reading "Vacaville Motorcycle Accident Ends Tragically" »

This past week, Marin County supervisors endorsed a tough new law, cracking down on drunk driving. "Melody's Law," named after a 9-year-old girl from Novato who was killed by a drunk driver who had 9 prior DUI convictions, requires the state to revoke a person's driver's license if convicted three times. If a driver's license is revoked, he or she cannot own or register a vehicle.

The most recent statistics from Mothers Against Drunk Driving (MADD) show that nearly 12,000 people died in drunk driving crashes in 2008 and these deaths constitute roughly a third of all traffic fatalities.

Those injured in drunk driving accidents often face a long road to recovery, including substantial medical bills, physical pain and time off from work.

For families of those killed in drunk driving accidents, they struggle with the emotional impact of losing a loved one in a preventable accident, along with the loss of companionship, mental anguish and even economic uncertainty caused by the drunk driver's negligence and recklessness.

Marin County supervisors unanimously endorsed AB 1443, sponsored by Assemblyman Jared Huffman, D-San-Rafael. The bill was created at the request of the family of the girl who was killed after being struck by a motorcycle that failed to stop at the stop sign. Despite the motorcyclist's 9 prior drunk driving conviction, nothing prevented him from keeping his driver's license.

Huffman stated "we are trying to keep these guys off the road...driving is a privilege, not a right."

Continue reading "Marin County Supervisors Endorse Tough DUI Law" »

Earlier this week, a jury awarded $15 million to the parents of two young Santa Cruz women killed in an automobile accident. The women died after their PT Cruiser hit a big rig head on and burst into flames. Enterprise Rent-A-Car owned the PT Cruiser and had rented it to the girls. Although the car was part of a recall to check for power steering fluid leaks linked to car fires, Enterprise Rent-A-Car had not yet serviced the car.

The recall notice had told PT Cruiser owners to contact the dealer for a service appointment, but did not ground the cars.

The car rental agency admitted liability for the accident and stated, "Given all we have learned, today we would ground the recalled PT Cruiser until repaired."

This year alone hundreds of thousands of cars have been recalled, including the massive Toyota recall for accelerator defects, as well as a recall of Honda minivans for breaking problems and power steering issues in thousands of Ford vehicles.

Too often these recalls happen after serious accidents and deaths occur. And in tragic cases such as the Santa Cruz accidents, the recall is not sufficiently urgent. If a car is dangerous due to a defect, it should be taken off the road immediately. Car manufacturers and car rental companies must due more to protect consumers who rely on their cars as a safe mode of transportation.

Continue reading "$15 Million Verdict In Santa Cruz Wrongful Death Case " »

According to KTVU San Francisco, two people were killed in a hit and run accident on the Highway 4 Bypass when a pick-up truck swerved into the lane of another car. The car then crossed the median and hit a motorcycle head on. Both the driver and passenger were thrown from the motorcycle and died shortly thereafter. The pick-up driver fled the scene and the driver of the car sustained serious injuries to her leg.

The motorcycle crash is still under investigation.

Unfortunately, the potential for serious injuries resulting from motorcycle accidents is great. Motorcycle drivers have little protection from the impact of a crash, and as a result, falls from motorcycles often end in serious, even fatal, injuries. According to the National Highway Traffic Safety Administration, more than 5,000 motorcycle deaths occur each year in the United States.

Continue reading "Fatal Antioch Motorcycle Accident Kills 2" »

Earlier this week Proposition 17 - California's industry-sponsored voter initiative - was defeated. According to the Sacramento Bee, Mercury Insurance Company spent about $16 million supporting the measure. Opponents called the measure deceptive and an attempt by Mercury to grab more power.

Under current law, all California drivers must carry car insurance to cover themselves and to cover who ever else may drive their car. All drivers are required to maintain evidence of insurance in the car.

Proposition 17 promised lower premiums and discounts to customers who switched from one insurer to another. What it didn't advertise was that had Proposition 17 passed, those insureds whose policies has lapsed for any reason would face significant policy increases.

Continue reading "California Insurance Sponsored Initiative Defeated" »

According to the SanFrancisco Chronicle, avoidable medical mistakes are on the rise in the Bay Area and throughout California.

A recent report entitled "Events that a never supposed to happen in state hospitals," spells out in frightening detail the frequency of "never" events - i.e. things that are never supposed to happen in California hospitals.

For example, just last year California hospitals reported close to 200 cases of foreign objects left in patents after surgery. At San Francisco General, a 4-by-8-inch piece of surgical sponge was left inside a patient after an eight-hour surgery. The patient had to undergo additional surgeries just to correct the physician's error.

Other alarming statistics include a 100% increase in surgeries performed on the wrong patient, a 78% increase in bedsores acquired after admission, a 36% increase in deaths associated with a fall and a whopping 131% increase in sexual assaults on patients.

Recent studies have shown safety measures are the key to reducing California medical malpractice.

Continue reading "California Medical Malpractice On The Rise" »

In anticipation of increased traffic over Memorial Day weekend - and the possibly of trucking accidents in Sacramento and throughout California, professional drivers demonstrated on Thursday the dangers of driving too close to trucks. The California Highway Patrol (CHP) calculated that roughly half of the 7,262 trucking collisions were caused by the actions of car drivers.

California Highway Patrol officers discussed ways both car and truck drivers can safely share the road. The CHP emphasized the need for car drivers to be aware of the large blind spots encountered by truckers. Other tips include providing trucks sufficient room to maneuver - often collisions occur when cars make abrupt lane changes without anticipating the amount of time and space required for trucks to adjust their path of travel accordingly. Further, cars should avoid following a truck too closely - accidents may occur when a truck turns or stops with little warning. For their part, truckers need to be aware of cars and limit their distractions.

In the event an accident does occur, it's a good idea to be prepared. Tips include ensuring your car, truck or even motorcycle has a first-aid kit, blankets, flares along with other post-accident necessities.

Continue reading "California Trucking Accidents Result In Hundreds Of Deaths Each Year" »

According to the Central Valley Business Times, the Sacramento area will receive close to $250 million to improve its roadways. Significantly, the California Transportation Commission (CTC) has approved $45 million to widen Highway 46, a dangerous two-lane highway that serves as a major link to the Central Coast.

Highway 46 has received much notoriety as a deadly stretch of highway. Dubbed "blood alley," since April 2005 there have been 391 car accidents, with 130 injuries and 24 deaths on that stretch of road.

Most recently, on April 6 three people were killed and two seriously injured in a head-on collision, about 2 miles west of Lost Hills.

Other improvements include substantial rehabilitation of Highway 99 and resurfacing of Interstate 5 from Florin Road to the Sacramento/San Joaquin County line.

Continue reading "Millions Approved To Improve Sacramento's Roadways - Including "Blood Alley" - And To Prevent California Car Accidents " »