Sacramento Injury Attorney Blog

This past weekend Sacramento news reports that a tragic Sacramento train accident took the lives of three people in a collision between a light rail train and a vehicle. According to reports, 22-month-old Damian Antiwon Williams, his grandfather Leon Williams Sr. and his aunt, Shantal Hope Williams were all killed when the vehicle they were in was broadsided by the Sacramento Regional Transit train. The accident remains under investigation, with investigators reviewing video and other evidence from the crash site to determine the various factors involved.

Whenever a significant accident occurs with catastrophic personal injuries, it is important to speak to an experienced Sacramento personal injury attorney to answer your personal injury questions and determine your next steps. Where a wrongful death occurs, the surviving family members may have numerous questions about determining fault and their right to compensation where another's negligent conduct caused the harm.

In train accidents many different issues may arise. For example, were the gates working properly? Were all warning signals functioning? Were the tracks properly maintained? Although initial reports indicate that here the driver of the car went around the crossing arm before being hit, other factors may have contributed to the incident. A knowledgeable train accident attorney can investigate all potential sources of fault and determine the survivors right to compensation.

In addition to the victims in the car, several train passengers were also injured, with three adults and three juveniles taken to nearby hospitals for treatment of injuries. Whether adequate safety precautions were in place on the train should also be investigated.

Continue reading "Tragic Sacramento Light Rail Accident Devastates Family" »

San Francisco news reports that distracted driving may be a substantial factor in the University of California San Francisco (UCSF) shuttle bus crash that killed a passenger. Reports indicate that the driver, Wallace Richardson, may have been distracted by a conversation with the man who died in the accident. As a result of the crash, Dr. Kevin Mack died from serious injuries sustained after being thrown from the vehicle.

The shuttle bus accident occurred moments after Richardson was engaged in a conversation with Mack. According to reports, Richardson was talking with Mack then subsequently ran a red light. The shuttle bus then collided with a big-rig truck. The truck driver tried to avoid the accident by slamming on the brakes, but wasn't able to stop the semi from crashing into the shuttle bus.

If you have been involved in any motorvehicle accident it is important to consult with an experienced Sacramento injury attorney to discuss your rights and determine your next steps. In many situations, it may be possible to obtain compensation for your injuries.

The shuttle involved in this accident did not have seat belts however none were required by law. Whether factors other than driver error played a role in causing the accident or impacting the extent of the injuries will be investigated.

In any personal injury accident more than one factor may be to blame. Under California law, where more than one person is responsible for causing an injury, each person may be responsible for paying damages based on their percentage of fault.

Continue reading "Driver Distracted Moments Before Fatal Shuttle Bus Crash" »

Bakersfield news reports that two wrongful death lawsuits have been filed against Kern County after a sheriff ran into two pedestrians in Oildale while en route to the scene of a crime.

According to statements, the pedestrian accident occurred when Deputy John Swearengin was responding to a stolen vehicle report and began driving rapidly toward the alleged scene. Surveillance video shows Swearengin's patrol car allegedly speeding without operating its lights and sirens right before the accident occurred. The California Highway Patrol (CHP), which is still investigating the accident, has not indicated how fast Swearengin was driving.

A wrongful death lawsuit may arise in any personal injury situation where the careless or reckless conduct of another leads to the death of a loved one. In these instances, it may be possible for a family member such as a spouse, parent or child to bring a wrongful death lawsuit to recover compensation based on loss of love and companionship, lost past and future wages and to recover medical expenses. If you have questions concerning wrongful death claims, it is important to consult with an experienced and compassionate Sacramento personal injury law firm to answer your accident questions and determine your next steps.

Here, the wrongful death claims assert that the deputy was driving with "conscious disregard for the safety of the general public."

Continue reading "Wrongful Death Lawsuits Filed Against Kern County" »

Santa Clara County's annual "Avoid the 13" campaign was a success this year - with fewer drunk driving arrests than in previous years. No DUI deaths were reported, although one DUI injury accident occurred in Gilroy. The annual DUI accident campaign is conducted over 17 days in the end of December and seeks to crack down on impaired motorists during the holiday season. The most arrests occurred on New Year's Eve, which typically shows a rise in DUI activity.

The decreased incidence of drunk driving accidents is good news. Unfortunately however, drunk driving accidents still occur far too often in California and throughout the United States. Statistics reveal that drunk driving accidents represent 40% of total traffic deaths, with the highest incidence of drunk driving death occurring between Thanksgiving and New Years Day.

The "Avoid the 13" campaign is aimed at reducing this number. During the first nine days of this year's crack down, the Morgan Hills Police Department (MHPD) arrested18 people of a suspicion of DUI.

If you have been injured or lost a loved one in a drunk driving accident, it is important to speak to a Sacramento accident attorney immediately to answer your injury questions and determine your next steps. Often the families of victims feel are worried about their next steps, feeling both devastated about the injury and the senseless nature of the accident. Consulting with a knowledgeable Sacramento injury attorney can provide peace of mind along with critical advice during this difficult time.

Continue reading "Santa Clara County Drunk Driving Crackdown Successful; Fewer DUI Accidents Reported During Holiday Season Than A Year Ago" »

A recent motorcycle crash case raised several interesting questions of liability. In Wilson v. Harley-Davidson, Judy Wilson suffered a severe brain injury after her husband, Jack, slammed on the brakes of his motorcycle and she was thrown off the 2008 Harley-Davidson Road Glide touring bike. The motorcycle was not equipped with an anti-lock breaking system (ABS), despite an ABS icon on the motorcycle tachometer. The family of the victim filed a personal injury lawsuit asserting that the lack of or a defective anti-lock braking system caused Wilson's injuries.

If you have been injured in a Sacramento motorcycle accident, it is important to speak to an experienced Sacramento personal injury attorney to determine your next steps and answer your motorcycle accident questions.

Whenever any accident occurs several factors may be to blame. In some situations, driver error may be at fault. For example, speeding, distracted driving and failing to obey road signs or signals are all common causes of accidents. Further, negligent roadway design or maintenance can lead to a serious accident. Negligent roadway design includes such road issues as the failure to have adequate signs, too steep of curves, the lack of shoulder protection and other dangerous roadway elements. Other times, an accident may be caused by a design defect, defective parts, or other manufacturing issue.

Here, Jack Wilson asserted that when he put on the breaks at 65 mph after the traffic slowed down, his rear wheel locked and tossed his wife 35 feet forward onto the pavement. She suffered severe head injuries requiring a prosthetic skull and permanent brain softening. Representatives of Wilson posit that although Jack Wilson may be partly to blame, the lack of an ABS system was the main cause of her injury. The Wilsons believed that the bike had the ABS system based both on the existence of the ABS icon as well as a representation by a Harley salesman. Here, the case ultimately went to a jury to determine fault.

Continue reading "Sacramento Motorcycle Accident Raises Issues Of Liability" »

According to the San Jose Mercury News, in addition to the usual headaches and road closures created by big rig accidents, Friday night's Half Moon Bay trucking accident left hundreds of live crabs strewn across the roadway. Reports indicate that both lanes of traffic were closed after an 18-wheeler collided with another vehicle near Pilarcitos Creek Road. The accident caused the truck to lose control of its cargo - live crabs - that escaped and covered the stretch of highway.

While no injuries were reported, the truck collision created significant headaches for travelers on this stretch of highway. This accident serves as a reminder about the potential for serious injuries and fatalities when trucking and big rig accidents occur. In fact, some of the most dangerous and serious accidents that occur on California highways are those involving big rigs. Because of the sheer magnitude of force behind an 18-wheeler, when commercial trucks collide with cars and motorcycle, the results are often fatal.

If you have been involved in any motor vehicle accident it is important to consult with an experienced trucking crash attorney to preserve your rights and determine your next steps. In certain instances, the extent of your injuries or other damages aren't known until days, weeks or months after an incident occurs. It is important to speak with a top personal injury lawyer as soon as possible after an accident to record your impressions and evaluate all of the circumstances surrounding an accident.

In addition to the primary impact of a crash, the load an 18-wheeler carries may potentially create a subsequent dangerous condition if it is toxic or otherwise harmful. Even cargo such as crabs may become "dangerous" when spilled on the road where they are unexpected and may cause other drivers to make driving errors.

Continue reading "San Mateo Big Rig Accident Creates Driver Headaches, Spills Live Crabs Over The Roadway" »

This past week Dr. Conrad Murray was sentenced to four years in jail based on his involuntary manslaughter conviction. Dr. Murray received the maximum sentence after a jury determined he was criminally negligent for causing Michael Jackson's death as the result of a drug overdose. District Attorney Steve Cooley notes the case "provided a lesson for the public that the number one cause of unnatural death in the United States this year was prescription drug overdoses, surpassing traffic accidents."

Now that the criminal trial has finished, focus will shift to the civil wrongful death lawsuit based on negligence, including pharmaceutical malpractice and medical malpractice. A pharmaceutical malpractice action arises where an individual experiences harmful side effects - including death - as the result of a medication error. Although in some situations, as with Michael Jackson, the conduct leads to criminal charges, a pharmaceutical malpractice or prescription drug negligence case may be brought where a physician acts negligently in prescribing a drug. This can occur when the prescribed does is too high, the drug is unnecessary or for many other reasons. If you believe you or a loved one has been harmed as the result of taking a prescription drug it is important to speak to an experienced Sacramento injury lawyer to answer your questions and determine your next steps.

Here, evidence was presented that Murray "violated medical standards in administering propofol as a sleep aid without proper monitoring and resuscitation equipment." In a civil action, evidence that Murray failed to act with the requisite standard of care in prescribing and administering the drugs would be used to show medical malpractice. Where medical malpractice harms a patient, an individual or his or her family in a wrongful death suit may be able to recover money for the damages sustained. Compensation may include medical expenses, pain and suffering and lost present and future wages.

Continue reading "Conrad Murray Receives 4 Year Sentence For Michael Jackson's Death - Increasing Awareness Of Prescription Drug Accidents, Negligence And Wrongful Death " »

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."

Continue reading "Fatal Bike Accident Leads To Review Of 3-Foot Law" »

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.

Continue reading "Family Of Michael Jackson Proceeds With Wrongful Death Lawsuits" »

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.

Continue reading "Valley Springs Man Dies In Motorcycle Accident " »

Orland news reports that a construction accident this past Thursday sent two men to the hospital and left a nearby school and surrounding homes without power for most of the day. The workplace accident occurred when a forklift operator - Mark Godfrey, Jr. - was moving steel beam and hit an overhead power line. He was electrocuted during the incident and suffered serious injuries. Godfrey, Jr. was airlifted to UC Davis Medical Center in Sacramento. A second man, Scott Gully suffered injuries from the construction accident as well. Gully was injured while trying to put out a fire that had ignited on the tires. Cal OSHA was called and began an investigation into the accident.

If you have been injured while on the job, it is important to contact an experienced Sacramento personal injury attorney to provide critical advice and information concerning your next steps. Depending on the circumstances of your matter, on-the-job injuries can be covered by Workers' Compensation law, tort law or both. A knowledgeable personal injury lawyer can provide guidance on the best way to handle your matter.

If some instances, workers may be covered by California worker's compensation laws. These laws may provide compensation in the form of medical payments, lost income, disability compensation and death benefits. Under California law, you generally can't sue your employer for on-the-job injuries, although you may be able to recover worker's compensation payments regardless of fault. Alternatively, in some instances you may be able to bring a tort law suit where a work place injury was caused by a third party - such as a manufacturer of dangerous equipment used at a worksite or a company who's product creates a hazard from toxic exposure.

Continue reading "Orland Construction Accident Injures Two" »

Woodland, California news reports that two separate Northern California train accidents - one near Davis and another in Oakland - were responsible for causing significant delays and personal injuries. The Davis train accident happened around 4:50 p.m. when a Sacramento woman was driving westbound on Country Road 32A, west of CR-105A. Reports indicate that she was driving under the influence and drove her car off the road and onto the railroad tracks. She left the vehicle to call for assistance, and an Amtrak train hit the car while she was waiting. The force of the collision caused her car to catch fire, but fortunately none of the passengers on board were injured. The Sacramento woman was arrested on a suspicion of drunk driving.

Passengers involved in the Oakland train accident were not so lucky. Reports indicated that about 17 people received personal injuries as the result of that train collision. If you have sustained personal injuries as the result of a train accident or any other motor vehicle accident, it is critical to contact an experienced Sacramento personal injury lawyer to protect your rights and determine your next steps. Many times, it may be possible to recover compensation for your injuries.

The Oakland crash occurred when one Amtrak train ran into another train that was unloading passengers. The moving train was going about 15-20 miles per hour, and officials reported that it ran through a red light. The Oakland Fire Department Chief noted, "According to the Amtrak representative, the train traveling should never have continued past the red signal." However, a separate Amtrak spokesperson declined to comment on any of the factors that may have lead to the crash. The incident is still under investigation and may take between three to six months to complete.

Continue reading "Two Separate Northern California Train Accidents Cause Numerous Injuries" »

A recent story out of Texas revealed a startling statistic - more than 4 million Americans admit to drunk driving. In a study conducted by the Center for Disease Control (CDC), four million drivers admitted to driving under the influence, meaning that the true number of impaired drivers is much greater. The CDC notes that alcohol impaired drivers were on the road at least 112 million times last year, a decrease of 30% since 2006.

These statistics are alarming and groups such as Mothers Against Drunk Driving (MADD) continued to be concerned. As stated by a representative "It's very, very frightening news to see that four million Americans, and those are just the ones that have admitted to drinking and driving, it's a frightening thought, all of us are put at risk. While 30 percent is down which is certainly exciting to hear, nonetheless, it's still very frightening to hear the number of individuals that are risking not only their own lives, but the lives of others."

If you or a loved one has been injured in a California drunk driving accident, contacting an experienced Sacramento drunk driving accident lawyer is important to protect your rights, answer your personal injury questions and provide you crucial advice concerning your next steps.

Victims injured by negligent drunk drivers fact medical bills, loss of wages, physical pain and emotional distress. In the event of a wrongful death, families are torn apart without warning. Although filing a lawsuit may be the furthest thing from your mind at this difficult time, it is important to speak to a knowledgeable personal injury lawyer to protect your future and ensure you receive fair compensation for your injuries.

Continue reading "4 Million Americans Admit Driving Under The Influence" »

Oakland news reports that Sacramento Kings guard Francisco Garcia has filed a federal product liability lawsuit against the maker of a defective exercise ball. Garcia was using the ball while weightlifting when the ball exploded, dropping him to the floor and causing him to break his arm. As a result of his injury, Garcia was unable to play a full season and lost significant income.

If you have been injured while using a defective product, an experienced Sacramento products liability lawyer can provide you critical advice regarding your next steps and your right to compensation.

Under California law, a manufacturer may be liable for injuries caused by the use of a defective product where the defect exists before the manufacturer released a product and the defect causes your injury.

Defects are generally classified into three different types:

Design Defects - where the risk of harm is foreseeable and could have been prevented with a different design.

Manufacturing Defects - where an error in the manufacturing process causes a few to be defective. A manufacturer may be liable for failing to provide clear warning of the dangers.

Marketing Defects - where distributors or sellers of a product mislead consumers into buying a defective product.

Here, the lawsuit alleges that distributors should have known that the product was dangerous based on previous incidents and that distributors and sellers were deceptive in their advertising of the defective product.

Continue reading "Sacramento Kings Basketball Player Sues Ball Company In Product Liabilty Lawsuit" »

Allstate Insurance Company has issued it annual list of safest cities for driving - this includes ranking cities based on factors such as fewest car accidents and injuries. Unfortunately, Northern California cities did not rank very high. According to the list, San Francisco ranks 185, Sacramento 140, Stockton 102 and Modesto 91. ABC News cites traffic and busy freeways as reasons big cities don't fare as well on safety rankings.

If you have been involved in a car accident in California, it is important to contact a Sacramento auto accident attorney immediately to protect your rights and to determine your next steps. Even though filing a lawsuit may be the furthest thing from your mind, understanding the steps to take and talking to an experienced Sacramento car accident lawyer can provide you valuable guidance and preserve your options should you decide to file a lawsuit in the future.

Taking the top spot as America's safety driving city is Fort Collins. Fort Collins earned the number one spot for the second year in a row. Based on statistics, an average driver in Fort Collins will have a car accident once every 14 years - nationally the average is once every 10 years.

Many factors may lead to causing a car accident in Sacramento and throughout the country. These include driver error - sometimes caused by negligent or reckless driving such as distracted driving or driving while under the influence. In fact statistics now place distracted driving as causing 80% of all accidents. Drunk driving also leads to significant number of accidents, with DUIs causing nearly 40% of all traffic deaths.

Other causes of auto accidents include defective auto parts - with a record number of recalls blamed this year on parts that were not properly tested or failed to perform as intended. In these situations, it may be possible to file a California product liability lawsuit and recover damages for injuries sustained as the result of a defective part. Another potential contributor to Sacramento car accidents is negligent roadway design. In certain circumstances the design of the road itself may cause an accident, with inadequate signage, improper warnings or lack of proper safety considerations.

Continue reading "Sacramento Car Accidents High On Allstate List " »