Sacramento Injury Attorney Blog

Last week's stand-off at the Roseville Galleria luckily ended with no injuries. According to the Sacramento Bee, a man walked into the mall's Gamestop, began talking incoherently, then ordered the employees out. The man subsequently set fire to the mall.

The fire garnered national attention as police and fire fighters mounted a massive response, surrounding the building and assisting shoppers out of the mall. The mall sustained significant water damage and the roof collapsed over two shops. Fortunately no one was harmed in the incident.

When large-scale accidents causing significant damage occur - several issues are raised. First, what is the primary cause of the accident? Here, a man suspected of arson has been arrested for the crime. Next, did those charged with responding to the accident and putting out the fire act with reasonable care? Police and employees are paid to perform their duties to an established standard of care - if their conduct falls below this threshold, liability may exist. In such instances, individuals, their employers and even local governments may be held responsible.

Finally, did the owner of the building in some way contribute to the damage by failing to protect themselves from fires? Reports have surfaced indicating that the sprinkler system failed to work properly, either as the result of a police officer or firefighter turning off the system or due to a failure of the system itself.

Continue reading "Roseville Galleria Fire Ends With No Injuries" »

This past summer, a Gilroy man accused of driving under the influence, caused a fatal car accident when his truck slammed into another vehicle. According to the San Jose Mercury News, charges have now been upgraded from gross vehicular manslaughter and two counts of DUI to second-degree murder. If convicted, he faces a sentence of 15 years to life in prison.

The accident occurred after Jesus Cortez pulled his truck over to the side of the road because of car trouble. Before Cortez was unable to unbuckle his son Jose, a car driven by the drunk driver slammed in to the truck, causing a heaving toolbox to strike the boy's head, killing him instantly.

The driver reportedly had a blood alcohol level twice the legal limit and had fallen asleep at the wheel.

When drunk driving accidents occur, both civil and criminal cases may be brought against a drunk driver. Those injured or their families may bring actions for negligence and wrongful death in order to recover compensation. Additionally, criminal charges may be filed.

Continue reading "Fatal Gilroy DUI Accident Leads To Murder Charges" »

Governor Schwarzenegger has signed a new law - AB 1942 - into effect that will allow carmakers and owners to install video recording devices on their windshields. The monitors will save video and audio information if there is unusual movement or a crash. It also will record how fast, the direction of travel, a history of where your car has been, steering and brake performance and seat belt usage.

The purpose of the law is to promote safe driving habits and reduce car accidents. Although the bill received much support from companies who hire drivers and want to ensure they are driving safely, critics fear the devices could be used to secretly record conversations. Other concerns include who will control the device and whether it can be remotely activated by third parties such as the note holder, the DMV, or insurance company.

Click here for the entire text of the bill.

Continue reading "Governor Signs Bill Allowing Video Monitors In Cars To Record Accident Information" »

According to KGO-TV San Francisco, Novato school officials have closed playgrounds at three schools after reports of several children suffering bad falls. At least six kids have sustained broken bones in less than 3 weeks after falling off the newly renovated structures. Numerous other children have suffered minor injuries.

The cause of the accidents is still under investigation. Officials speculate that either the features on the playground are too high, the playgrounds are too crowded, or that those supervising the playground lacked proper training to assist the children.

Each of these possibilities carries with it potentially different defendants and causes of fault. Depending on the source of the danger, the school, the manufacturer of the playground equipment, or the contractor who installed the equipment, could be held liable for the children's injuries.

Fortunately these playgrounds have been closed before additional - and perhaps more severe - injuries occur.

Continue reading "High Number Of Injuries Prompts Novato To Close Playgrounds" »

A number of California cities are now reviewing "first responder/accident responder" fees that would charge motorists responsible for car accidents the cost to the Fire Department for cleaning up the wreckage. San Francisco will be the first major California city to implement the fee. Accident fees are controversial, with most Californians opposing their imposition. However, cities facing budget shortfalls are seeking new ways to increase revenue and see significant benefit from these fees.

Many Central Valley cities already have such fees including:
• Manteca
• Escalon
• Loomis
• Roseville
• Selma

Fresno, Lodi, Modesto, and Sacramento are considering adopting them. Much of the opposition stems from the belief that if accident fees are charged to insurance companies, insurance costs will rise.

Currently all California drivers must carry insurance in the amount of $15,000 for injury or death or 1 person per accident (or $30,000 for 2 people); and $5,000 for property damage per accident. Unfortunately, many drivers fail to carry sufficient insurance and as a result, if you are injured in a car accident, you may need to look to your own uninsured or underinsured policy.

Whether a "first responder" charge would increase insurance costs remains to be seen. Regardless, the cost of getting in a California car accident continues to rise.

Continue reading "Sacramento, San Francisco and Modesto Among Cities Considering Traffic Accident Fees" »