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" »

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" »

The family of a boy killed in an Alaska drunk driving accident will receive a $1 million dollar settlement. The wrongful death lawsuit was filed after Eric and Lori Landers' son Matthew died after being trapped inside the back on an SUV that had plunged into a river.

If you or a loved one has been injured in a drunk driving accident, it is critical to speak to a Sacramento accident attorney immediately to discuss your next steps and answer your personal injury questions. During this difficult time, it is important to have someone on your side who can protect your interests. A skilled California personal injury attorney can ensure your rights are represented and that you and your family receive the compensation you deserve after suffering harm in an accident.

Here, the wrongful death lawsuit arose after the Landers had reluctantly allowed Matthew to go on a summer fishing trip to Alaska with a family friend. Under the friend's supervision, the 12-year-old got into the car with a drunk driver who had been partying all night. The driver then crashed the vehicle into a river. Although the driver and two other passengers survived unharmed, the boy was unable to get out of the car and died. The driver subsequently pled guilty to negligent homicide and DUI.

Although the family friend - Randy Sozanski - was not charged with a crime, he was found responsible for the death based on a theory of negligent supervision of a minor. The family had entrusted him with the care of their son, who they relied on to make the right choices in his care of Matthew. According to reports, Sozanski had taken Matthew to a bonfire, where five adults drank beer and smoked pot. Because it had started to rain when the group was preparing to leave, Sozanski put Matthew in the car rather than in the back of his pickup truck where he had ridden before. A couple hours after the accident, the driver of the car had a .083 blood alcohol content, although sources believe it may have been much higher at the time of the incident.

Continue reading "Family Of Boy Killed In Drunk Driving Accident Receives $1 Million Settlement" »

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 " »

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.

Continue reading "Jury Finds Ford Negligent In Fatal Automobile Crash In Marlene Shirley v. Ford Motor Company " »

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" »

According to Summit, California news a teenager has been arrested and charged with DUI and vehicular manslaughter in a drunk driving accident that killed three people. The driver, from Meadow Vista, lost control of his Subaru Outback and ran into a utility pole and a tree. The tragic car accident occurred around 7:30 Thursday night on Applegate Road near Boole Road.

If you or a loved one has suffered injuries, or is a victim of wrongful death as the result of a car accident, it is critical to speak to an experienced Sacramento car accident lawyer at once to determine your next steps. Where serious personal injuries or a wrongful death occurs, it may be possible to obtain compensation.

Car accidents can occur for a number of reasons, including:

• Drunk driving
• Distracted driving - such as driving while texting
• Negligent roadway design
• Defective automobile parts
• Driver error

Here, the reports indicate that the driver had been drinking and the accident occurred in an instant. In fact, although many factors may lead to car accidents, drunk driving remains the leading cause of car accidents in the United States. Statistics indicate that more than 40% of traffic fatalities are the result of drink and driving.

Continue reading "Teenager Arrested After Drunk Driving Accident Kills Three" »

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" »

News reports that a 24-year-old man from Eureka was killed in a drunk driving car accident last week on State Route 299. The accident occurred in the early morning hours, just east of Lord Ellis Summit. Reports indicate that Chad Elliot Scott was driving westbound on the road when his car was struck head on by another man's vehicle. The other driver had a level of intoxication above the legal limit and had allowed his vehicle to cross over the double yellow lines. Scott's passenger also sustained serious injuries.

If you have been injured in a car accident or drunk driving accident it is important to contact an experienced Sacramento drunk driving accident attorney to begin investigating the case and advise you on your crucial next steps.

Driver intoxication is one of the leading causes of car accidents in California and across the United States. Nearly 20,000 people are killed each year in alcohol related crash, with thousands more receiving serious injuries. In fact, 40% of all traffic deaths are related to drunk driving. When a drunk driving accident occurs, not only does a driver face criminal penalties as the result of his or her actions, but may also be held liable for injuries caused in a civil personal injury or wrongful death action.

A driver who operates his or her vehicle under the influence may be considered reckless or negligent. Victims injured by negligent drunk drivers face physical pain, medical bills, loss of wages, emotional distress and enjoyment of life. Where injuries are severe or permanent, families may experience economic loss and mental anguish. Where a death occurs, the survivors may bring a wrongful death claim for medical expenses, financial support, loss of love and companionship and in some cases, punitive damages.

Continue reading "Eureka Man Killed In Drunk Driving Accident" »

KSEE 24 News out of Fresno and Visalia reports that a 32-year-old Encino man has been arrested in a fatal DUI accident that occurred last weekend. Sancho Kibufu was allegedly driving under the influence on Golden State Boulevard in Madera when his car went across the centerline, hitting a car carrying four teenage boys from Chowchilla. Three of the boys suffered serious injuries and one was killed. Kibura is being charged with vehicular manslaughter.

If you have been injured in a car accident, including a drunk driving auto accident it is important to contact an experienced Sacramento auto accident attorney to determine your next steps. Not only do drunk drivers face criminal penalties, but they may also be liable in civil actions for personal injury and wrongful death.

Drunk driving injury accidents are far too common. Statistics provided by Mothers Against Drunk Driving (MADD) reveal that 17,013 people were killed due to alcohol related car accidents in 2005, representing forty percent of the nation's total traffic deaths. This figure has likely increased since last reported.

Where a victim dies as the result of a drunk driving auto accident, families are torn apart without any warning and suffer an unimaginable loss. Although speaking to a drunk driving accident attorney may be the furthest thing from your mind, it is crucial in order to protect your right to obtain compensation. In many situations, survivors may be able to file a wrongful death lawsuit to recover damages for medical bills, mental anguish and the loss of companionship.

Continue reading "Encino Man Arrested In Fatal Car Crash Involving Chowchilla Teens" »

In a recent case out of Alameda County of Alameda, Lopez v. County of Alameda, the family of a mother who was fatally killed in a pedestrian/truck accident will receive a $2.65 million settlement. In 2007 the woman, along with her husband and children, were jogging along the shoulder of Patterson Pass Road, when the driver, Luis Quezada, of a truck lost control on a curve and fatally struck Lopez. The family sued both the trucking company who employed Quezada and the county, alleging that poor roadway design contributed to the accident.

If you or a loved one has been in a serious accident or suffered a wrongful death, it is important to contact an experienced Sacramento personal injury lawyer as soon as possible to discuss your case.

Here, as is common in many injury lawsuits, many factors were involved. First, issues of driver liability - was the driver reckless or careless? Also, was the truck company responsible at all? Many times the company that employs a driver who acts negligently may be held liable as well. Additionally poor roadway design can contribute to creating a dangerous environment. Examples include where pedestrians lack a safe passageway or where insufficient signage exists, a county or other governmental body may be held responsible.

Continue reading "Parties to Pay Family Of Jogger Fatally Struck By Truck $2.65 Million " »

The Contra Costa Times reports that a toddler has died after falling into an irrigation canal near Bayliss, California. According to the report, the young boy fell into the Glenn County Canal and was in the water for nearly 10 minutes before his mother was able to pull him out and begin CPR.

Emergency responders were initially able to restore a faint heartbeat and the boy was taken to a Sacramento area hospital. He subsequently died. The sheriff's department notes, "We don't suspect negligence."

Whenever a tragic accident occurs on public property the question of safety arises and whether adequate measures were taken to protect against dangers. Generally, property owners have a duty to maintain their property in a reasonably safe manner. This means they must take measures to eliminate dangers they know of or should have been aware of or adequately warn of such dangers.

A warning may be a simple as placing a sign setting forth the potential hazard however, if a sign is not placed in a manner that is visible or sufficiently descriptive, the warning may not be adequate. Similarly, in many instances affirmative steps must be taken to protect against known dangers.

Premises liability cases can occur on any type of property and may involve any type of danger - from an open canal to a spilled liquid at a grocery store, the lack of a fence around a public pool, or the failure to warn of a dangerous construction zone. If an unreasonably dangerous condition exists and you are harmed as a result, it may be possible to recover compensation for your injuries.

Continue reading "Dangerous Conditions - Toddler Dies After Falling Into Glenn County Canal" »

KTVU News reports that two separate pedestrian accidents occurred this past Thursday in 2 different train accidents. In one accident, a train headed toward Sacramento struck and killed a pedestrian in San Leandro. Capitol Corridor train No. 528 running between San Jose and Sacramento struck the man while he was crossing Davis Street. In the second accident, San Joaquin train No. 701 from Bakersfield to Sacramento struck a pedestrian west of Merced.

If you have been injured or a loved one has suffered a wrongful death in any type of pedestrian accident, it is important to speak to an experienced Sacramento pedestrian accident lawyer immediately to protect your rights and discuss your next steps.

Pedestrian accidents include any time an individual is struck and injured or killed by a motor vehicle, such as a car, motorcycle, truck or train. Several factors affect whether the driver may be found responsible for an accident and as a result must compensate you for your injuries. For example - was the pedestrian following the rules of the road such as crossing in a cross-walk, crossing with a walk sign or only crossing railroad tracks when the gates are up and no lights are flashing? Conversely, was the driver of the car, truck, motorcycle or train driving responsibly? Was he or she following all safety precautions - including not using a cell phone or texting - was the driver following all appropriate safety precautions and all the necessary rules of the road?

Continue reading "Two Pedestrian Accidents Occur With Trains Bound For Sacramento" »

With Memorial Day marking the unofficial kickoff of summer, it is important to remember a few boating tips and to be aware of potentially new risks and hazards in the Sacramento area waterways. In fact, as stated by Sacramento County Parks Director Janet Baker, Sacramento's American River is a "different river" this year - with colder water and swifter currents than in previous years. As a result, officials are warning boaters to be wary of faster conditions in order to avoid being injured in a boating accident.

If you or a loved one is injured in a boating accident, it is important to contact an experienced Sacramento boat accident attorney to investigate the circumstances surrounding the incident and help you obtain the compensation you deserve.

When people plan to spend the day boating, an accident may be the furthest thing from their mind. However, boating accidents can result in serious injuries or deaths so proper planning is critical. In fact last year alone, 570 boating accidents occurred in California, resulting in 236 injuries and 49 deaths.

Continue reading "Safety Precautions Necessary To Avoid Sacramento Boat Accidents" »

Last year's Portola Valley fatal bicycle accident has now resulted in a wrongful death lawsuit against the truck driver involved in the collision and his employer. The truck versus bicycle accident occurred last November and ended in the death of a 47-year-old Los Altos Hills woman.

The truck driver and his company have now counter-sued, seeking indemnity from San Mateo County. The suit alleged that the accident was "caused by a dangerous condition on public property created on or maintained by the County of San Mateo." A representative of the company notes "The road is poorly designed and can be a 'trap for bicyclists."

If you or a loved one has been injured seriously injured in an accident, it is critical to contact an experienced California personal injury attorney to explore your options and seek compensation for your harm.

Several different sources of fault may exist for one accident, each leading to different theories and avenues of recovery. In some cases, driver error may be to blame. In others, an employer may have negligently hired a driver, or may push drivers to perform under unsafe conditions. And in others, such as is alleged here, roadway design or maintenance may have a direct correlation to an accident.

Continue reading "Fatal Portola Bike/Truck Collision Leads To Claim Of Negligence Against San Mateo County" »