November 2011 Archives

November 27, 2011

Jury Finds Ford Negligent In Fatal Automobile Crash In Marlene Shirley v. Ford Motor Company

Sacramento news reports that a Sacramento jury has found Ford Motor Company at fault in a fatal automobile accident that took the life of two people and injured two others. The jury awarded the three plaintiffs $73 million in damages. $50 million of the award was for punitive damages, based on what jurors considered was "despicable" conduct by Ford. This included Ford's failure to warn its customers and dealers of a defective tire on its 15-passenger, E-350 Econonoline van. The plaintiffs also asserted that the Econonoline van was unsafe as well due to its design.

If you have been injured in a car crash, or lost a loved one in an automobile accident, it is important to contact an experienced Sacramento car accident lawyer immediately to begin an investigation and to determine your next steps. Often, several different theories of liability may exist and it is important to begin as soon as possible evaluating just what happened in any accident.

In this instance both a personal injury action based on negligence and a wrongful death action were filed. A wrongful death action can arise out of any personal injury action involving the death of an individual as the result of another's wrongful conduct. A wrongful death claim may be brought by the surviving family members for medical expenses and past and future economic and non-economic damages.

Here, the tread separated on the rear right tire of the Econonoline van, causing it to skid off Interstate 5. Evidence introduced at trial showed that Goodyear Tire and Rubber contacted Ford officials about the defective product, but those officials did not contact its dealers or costumers. Additionally, the E-350 van had been the target of several federal advisories.

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November 19, 2011

Fatal Bike Accident Leads To Review Of 3-Foot Law

A recent fatal bike accident has led law makers taking a closer look at bike safety and their recent implementation of the "3-foot-rule." The 3-foot-rule as passed in many states and cities requires motorists to give bicyclists sufficient room when passing a bicyclist. On four lane roads, motorists are required to move into the far left lane to pass, whereas on a two-lane road they are required to give 3 feet of space. The accident occurred in a Mississippi town that had adopted the 3-foot-rule, but the town leader believes greater enforcement of the rule is necessary to prevent future accidents.

Although 20 states currently have a 3-foot-rule, California does not. Recently Governor Jerry Brown vetoed Senate Bill 910 which had as its stated purpose requiring "the driver of a vehicle overtaking a bicycle in the same direction pass to the left at a safe distance without interfering with the safe operation of the overtaken bicycle." In September, the California Assembly passed the bill in a 44-25 vote. SB 910 was co-sponsored by the City of Los Angeles and the California Bike Coalition, and enjoyed significant support by the public, advocacy groups and California injury attorneys who are concerned about bicycle safety. 10 years ago a similar bill was unsuccessfully introduced.

The impetus behind California's 3-foot passing law came after a well-known competitive cyclist was struck from behind and killed by a Bakersfield driver. As noted by a supporter, "Senate Bill 910 is not just about the bicyclist, but about the motorist who kills someone. That's who this bill also protects ...maybe if there had been this law and some education about passing bicyclists, the driver would have approached [the bicyclist] differently."

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November 11, 2011

Family Of Michael Jackson Proceeds With Wrongful Death Lawsuits

Now that Conrad Murray has been found guilty of involuntary manslaughter, the Jackson family is focusing its efforts on civil liability. Reports indicate that the family has filed wrongful death lawsuits against both Murray and AEG Live, LLC, the entertainment firm responsible for Jackson's "This Is It Tour."

When an individual dies as the result of another's negligent or wrongful conduct, the surviving family members may bring a wrongful death lawsuit against the responsible parties. A wrongful death action can arise in any type of personal injury action, including car accidents, work related accidents and medical malpractice. To determine whether you may be able to bring a wrongful death claim, it is important to speak to an experienced Sacramento wrongful death attorney.

Here, the family asserts two claims. First, that Dr. Murray was negligent in causing Michael Jackson's death by administering propofol on an outpatient basis. A jury only needs to find that there was a 50% probability that Murray was negligent to determine Murray was at fault and liable for damages. Under California law, his conviction in the criminal case may be used as "conclusive proof" of responsibility.

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November 4, 2011

Valley Springs Man Dies In Motorcycle Accident

Calaveras news reports that a Valley Springs man was died in a Sacramento area motorcycle accident. The man was killed when a Jeep that crossed the double yellow lines collided with his motorcycle. Richard Arnold Crosse was driving his Harley-Davidson eastbound when the accident occurred. Reports indicate that the woman driving the Jeep lost control of her car after taking her eyes off the road by looking down at the speedometer. Crosse's passenger, Adelle Cross, sustained serious personal injuries and was treated at Kaiser Permanente Medical Center in Sacramento.

Riding a motorcycle can be dangerous - the potential for injury if you are in a motorcycle accident is great. If you have been injured in a motorcycle accident or lost a loved one in a motorcycle crash, it is important to contact an experienced Sacramento injury attorney to protect your rights and discuss your next steps. Where another person is responsible for negligently causing your injuries, you may be able to recovery damages for the harm caused.

According to statistics, more than 100,000 motorcycle accidents occur each year. Further, more than two-thirds of deaths from motorcycle accidents involve motorcycle collisions with another car on the road - often because the car doesn't see the motorcycle at all or is unable to avoid the crash once they do see the motorcyclist.

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