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San Mateo Personal Injury Law Blog

      

Fatal accident involving bicyclist, pedestrian, in San Francisco

A bicyclist who ran into a 71-year-old pedestrian in San Francisco on March 29 will likely be facing a felony manslaughter charge because the crash resulted in the elderly pedestrian's death. Citing the bicyclist's gross negligence in the fatal accident, prosecutors plan to charge the man with vehicular manslaughter.

This is an unusual case because it is very rare for a bicycle accident to result in a death unless the crash also involves an automobile. And in those cases, it is usually the bicyclist who is the victim. However, in this case, the investigators have indicated that the bicyclist was travelling at approximately 35 miles per hour in a 25-mile-per hour zone, and that he crossed an intersection under a yellow light. The elderly victim sustained serious injuries in the resulting impact that ultimately led to his death.

    

California roads claim motorcycling couple in fatal crash

Cross-country road trips are a staple of American culture. Whether spontaneous or planned in detail, by RV with all the comforts of home or on the back of a motorcycle, road trippers are becoming more and more common. Unfortunately, road trippers experience their share of accidents, including motorcycle accidents.

A West Virginia couple, riding their Harley Davidson motorcycle across the country, was recently killed in a fatal motorcycle crash in southeast Tulare County, California. The couple's motorcycle collided with a tractor trailer as the big rig was making a left turn. The truck driver was uninjured, but the husband and wife died after being helicoptered to nearby hospitals.

    

Lowe's offers $50,000 to boy injured on wet floor

An 8-year-old boy that slipped and fell on a wet floor in a California Lowe's home improvement store -- and subsequently fractured his leg -- is primed to receive a $50,000 settlement. The boy's father claimed Lowe's was negligent in failing to dry the floor or warn customers; Lowe's defended on the grounds that the father was negligent in failing to supervise his son. The pending $50,000 slip-and-fall accident settlement would bring the matter to a permanent close and leave Lowe's a little more cognizant of hazardous conditions at their retail stores.

When a property owner knows, or sometimes even when a property owner should know, about a dangerous condition on their property and they fail to disclose it, any resulting injuries may entitle the victim to a premises liability claim and could mean sufficient compensation.

    

San Mateo victim rescued with Jaws of Life

In the Bay Area, car accidents are the number one most common cause of personal injury claims. Reports of car accidents are a nightly variable of the news. Same story, different people. Residents of the Bay Area and elsewhere have become desensitized to the pain that can result from such occurrences.

While the accident may quickly fade from the consciousness of the public, the devastating impacts can last for the remainder of a victim's life. One such victim was driving in San Mateo when a T-bone collision occurred. The mangled mess of metal that resulted required one driver to be extricated using the Jaws of Life.

    

Buckle up for tax day

This year, April 17 is the deadline for filling federal taxes. This date may be significant for a reason that most are unaware of. Researchers have analyzed 30 years' worth of United States highway statistics, including data from Northern California car accidents, and concluded that fatal car accidents rise on average 6 percent on Tax Day. This trend is most common among the subset of people that are aged 65 years or older.

According to the report, researchers think that this trend could be for a variety of reasons. The looming deadline could add stress or perhaps there is an increased rate of alcohol consumption upon the completion of filing taxes. Either way, researchers have not come to a conclusive decision on this regard. However, the data was interpreted from so many angles that researchers can conclusively say that Tax Day is significantly deadlier than the average day in April.

    

Wife files premises liability lawsuit after husband's death

The wife of a recently deceased man has filed a premises liability lawsuit seeking damages against her local Walmart. The wife alleges that her husband died of kidney failure because while shopping at a Walmart, the victim tripped over a display of a cart housing a carpet roll and landed heavily, incurring severe injuries, including renal failure and a condition in which skeletal tissue degenerates.

The victim's wife states that Walmart was negligent in placing the cart where it was. Walmart, however, says that it was part of a visible display. Reportedly, the location of the cart made it difficult to see and according to the complaint, the victim "tripped over the crate and fabric roll, which struck him below his knees, causing him to fall with great force and violence, thereby injuring himself."

    

San Francisco woman falls through rotting staircase to her death

The responsibility for maintaining a safe premise for tenants falls on the shoulders of the landlord. Recently, one San Francisco case of landlord negligence may be going to trial following the death of one of the landlord's tenants when the victim plummeted three stories through a rotting staircase on the landlord's property. In a horrific display, another tenant found the woman on her back, her kidney lacerated. The woman died a likely agonizing death three weeks after her fall.

"For the amount of times they've been notified of the dangers of the stairs for three people falling through they are still only replacing some of the stairs," one tenant that also fell through the treacherous staircase remarks. One victim is too many, but for three people to have fallen through this staircase with little effort being done to rectify the situation is unthinkable.

    

Pink underwear leads to possible wrongful death

A mentally ill man was forcibly stripped when he refused to put on pink underwear when jailed. At some point after his release, a warrant was issued for his arrest because he spat on an officer. The mentally ill man was so distressed by the thought of enduring the humiliation of wearing pink underwear a second time that when he learned there was a warrant out for his arrest he ran a far as 5 miles to his home. The next day he died due to a heart attack.

Now, in San Francisco, California, a trial is playing out over the potential wrongful death of that mentally ill man. The family of the victim is presenting the argument that forcibly making the man wear pink underwear was so distressing to him that the possibility of enduring it a second time lead to the fatal heart attack. The question becomes whether the county sherrif's policy of forcing the inmates to wear pink undergarments is legal.

    

Fatal San Francisco hit-and-run accident

San Francisco, California, authorities are reaching out to the public for help in tracking down a driver of a fatal hit-and-run car accident. Not only could this man face charges of fleeing the scene of an accident but if he is found to be the driver at fault in this accident, he could face a wrongful death lawsuit.

If the driver that fled the accident is tracked down and he is found guilty of causing the accident, the victim's family could pursue damages. While compensation will not bring back the victim, reported to be an adult male driving a Lincoln Town Car, it may give the family of the victim some sense of justice.

    

California slip-and-fall victim gets compensation

It is unrealistic to expect pedestrians in San Mateo County, California, to focus on the ground, head down, always on the lookout for potential tripping hazards. That would be ridiculously unproductive. It is an expectation that walkways are free of obstruction and safe for pedestrians. When this expectation is not upheld, serious injury can occur and may result in rightful compensation for the victim and steep settlements for the offender.

Paula Abdul, California resident and former American Idol judge, has learned an expensive lesson about the negligence of property upkeep. One woman sued Abdul when the woman fell on the former pop star's driveway because it "was in a dangerous and defective condition." Abdul has agreed to pay the victim $900,000 damages as a result of her liability in this slip-and-fall accident.

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