Sacramento Injury Attorney Blog

The Santa Cruz Patch reports that this past week the California Highway Patrol (CHP) began cracking down on distracted drivers. As part of a zero-tolerance enforcement campaign, the CHP will seek out and ticket those drivers who violate the state's hands-free cell-phone law. Reports indicate that in 2008, more than 30,000 California drivers had car accidents due to distraction. The leading cause of distraction - cell phone usage.

Other forms of distraction include eating, drinking, applying make-up, using a GPS, and adjusting the radio. As stated by a CHP officer, when California drivers are multi-tasking, they put both themselves at risk as well as increasing the risk of "injuring or killing their passengers, bicyclists, pedestrians or innocent victims traveling in another vehicle."

Put bluntly - no phone call or text message is worth a human life.

As a Sacramento car accident attorney, I agree. Whenever drivers takes their eyes off the road for just a moment, serious accidents and injuries can occur. Rather than take a chance, its always best to pull over or wait if you need to make a call or text. The risk of injury is far too great.

Continue reading "Santa Cruz Car Accidents Caused By Distracted Drivers" »

According to the Palo Alto Daily News, the same big-rig driver has been involved in three fatal crashes, including one that killed a bicyclist near Portola Valley. He has also been involved in 3 other non-fatal accidents.

Authorities state that although the Portola Valley bike accident remains under investigation, the driver has not been found at fault for any of the accidents, and thus can continue driving.

By law, trucking companies must register each of their drivers with the DMV and if the driver is convicted of a violation, the company is then notified.

Here, questions have been raised regarding the trucking company's duty to investigate the driver and, despite the fact that he wasn't found "at fault" for the accident, whether his driving skills were adequate. His involvement in six trucking accidents in four years places his abilities in question. When employer fails to adequately screen an employee, and his or her actions during the course of employment injure another, they may be found negligent and required to compensate individuals for the harm caused.

A California wrongful death action has been filed in this case asserting that the bicyclist's death could have been prevented had the trucking company performed an adequate investigation of the driver.

Continue reading "Truck Driver In Santa Cruz Bicycle Accident Linked To Two Other Fatal California Crashes" »

According to the Silicon Valley Mercury News, a military veteran has resolved his medical negligence claim against a Northern California Veterans Administration hospital for $250,000. David W. Woodward Sr. alleged that he became legally blind as the result of negligent care he received at the hospital.

Woodward is one of eight patients who were treated for eye problems at the Palo Alto hospital, only to be informed later that improper care may have caused their loss of vision.

Medical malpractice occurs where a medical professional's inadequate, negligent or reckless conduct causes harm. When doctors, nurses or other hospital staff fail to provide the standard of care required, they may be found negligent and required to compensate patients for their injuries. Here, Woodward was informed by the hospital's chief of staff that his glaucoma may have been prevented if his eye treatment had been overseen and reviewed by an eye care specialist.

Although physicians and other health care professionals cannot guarantee results, when we go to the doctor we expect to be treated adequate care and skill. Here, although the government did not admit responsibility the chief of staff revealed there may have been "improper care."

Continue reading "Palo Alto Veteran Settles Hospital Negligence Case" »

The Mercury News reports that Cal/OSHA will begin investigation into the circumstances surrounding a fatal construction accident at the Woodlake Shopping Center. A Sacramento man, Cristobal Reyes-Segura, suffered fatal injuries after falling 15 feet from a beam where he was standing to install metal studs in building frames.

Under California law, when work-place accidents occur you may have remedies both through workers' compensation and traditional tort law. The general rule is that you cannot sue your employer form on-the-job injuries. However, you may be able to submit a claim for benefit to the Workers' Compensation Appeals Board. Where a death occurs, these benefits are paid to your dependents. The type of compensation recoverable includes medical bills, lost income, permanent disability and death benefits. Often the amount of compensation is much lower than you would be able to recover in a civil proceeding.

Although you may not sue your employer in civil court for your workplace injuries, in some circumstances it is possible to file a lawsuit where a third party is responsible. In construction cases this may be a third party contractor, the owner of a site [who is not your employer] or other party on the premises. If one of these parties is responsible for creating an unreasonable risk of harm, providing faulty equipment, or otherwise engages in reckless or negligent conduct, they may be held responsible and required to compensate you or your family for the injuries sustained.

Continue reading "Cal/OSHA To Investigate Sacramento Construction Accident " »