June 2010 Archives

June 24, 2010

$15 Million Verdict In Santa Cruz Wrongful Death Case

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.

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June 18, 2010

Fatal Antioch Motorcycle Accident Kills 2

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.

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June 11, 2010

California Insurance Sponsored Initiative Defeated

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.

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June 4, 2010

California Medical Malpractice On The Rise

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.

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