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" »