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.
]]> Bicycling is become increasingly popular throughout the country, but especially in California, and San Francisco in particular. Many people see bicycling as a great alternative to the usually heavy car traffic patterns to be found throughout the state, as well as a healthy option which helps leave a lighter carbon footprint. However, as more bicyclists take to the roads, they must be mindful of the fact that they still need to share the road with cars and pedestrians.The bicyclist in this case will now likely face criminal charges, but he could also face a civil suit for wrongful death. All of the facts regarding this fatal accident currently point toward the bicyclist's negligence as the primary cause. A wrongful death cause of action can even result in punitive damages which can cover the family members of the decedent for their pain and suffering.
Source: CBS San Francisco, "Cyclist In Fatal San Francisco Pedestrian Crash May Face Felony Charge," April 25, 2012
]]>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.
]]> This tragedy is a real life example of the dangers that a motorcyclist faces on today's increasingly busy roads. California's roads in particular are near their breaking point in terms of capacity. Motorcycle accidents often lead to catastrophic injury due to the comparatively little amount of protection they posses. Couple this with the fact that large vehicles, such as big rig trucks, have multiple blind spots, and motorcyclists are often hit simply because the other driver didn't see them.Because the losses suffered by a motorcyclist injured in an accident are often so great, it is important to seek out all possible sources of compensation, from motorist coverage to suing the government for road maintenance negligence. Motorcyclists may be the "little guys" on the roadways, but their claims in accidents are often strong.
Source: Visalia Times-Delta, "Virginia couple killed in southeast Tulare County crash," April 25, 2012
]]>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.
]]> Different types of landowners owe different types of duties. For example, even on private property a landowner must prevent foreseeable accidents on the premises. This would extend not only to mopping up wet floors and cordoning off dangerous areas, but may include providing sufficient security after an upswing in local crime. The key is whether or not the danger could be foreseen. Ignorance is no defense. They will be charged with knowledge if reasonable people in their shoes would have recognized the risk and the need to protect patrons.An individual injured because of another's failure to keep their premises safe is entitled to compensation for their injuries. This compensation can vary widely. As noted above, the young boy who fractured his leg is likely to receive a $50,000 settlement. Slip-and-fall accident compensation is often dependent on the type and severity of the injury, and an experienced premises liability attorney can work with you to assess the value of your claim. Other types of premises liability claims, such assault from failure to keep the premises safe, require an even more detailed analysis, as injuries are often physical and psychological. It is important to evaluate your claim fully before accepting any insurance settlement offer.
Source: Sacramento Bee, "Negligence suit against Lowe's settled," The Associated Press, April 15, 2012
]]>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.
]]> This driver was then taken to the hospital to tend to his injuries. While he is expected to make a full recovery, he is likely very shaken by the incident and will have some sort of medical bills that need to be covered.If this victim seeks a personal injury claim, he could be entitled to compensation for the damages and his suffering. Residents of San Mateo are quick to brush off accidents as common place until they find that they themselves have been victimized.
During a victimizing event, the individual will be forced to make financial decisions that could have a lasting impact on their ability to provide for themselves and their family. It is for this reason that it is critical to seek experienced legal counsel in the event of a car accident -- be that in San Mateo or elsewhere in the Bay Area.
Source: Patch, "Two-Car Crash Prompts Jaws of Life Rescue," March 28, 2021
]]>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.
]]> Does this mean that all residents of San Mateo County, California, need to file their taxes and hunker down in their house on April 17 this year? Not necessarily. The 6 percent increase translates to about 13 more deaths on average on Tax Day than the week leading up to filing day and the week succeeding it.However, Tax Day is no different than any other April day. If a negligent tax filer happens to injure another driver or pedestrian, that negligent driver will be held liable and the victim could be subject to compensation for their loss and damages.
Source: NPR, "Drive On Tax Day At Your Own Risk," Scott Hensley, April 11, 2012
]]>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."
]]> The victim died two weeks after accident and was reportedly in extreme pain up until his untimely death. The wife is seeking compensation for the costly medical expenses incurred as a result of this accident and the subsequent burial and funeral costs. In addition, the wife is seeking damages for her lost companionship and the emotional pain she has been forced to endure. The exact dollar amount of damages has not been reported.This man was in excruciating pain before his death. No human being deserves to exit this world in that fashion. Furthermore, no wife should have to bear witnessing her husband's last moments in such pain. This woman deserves compensation for her loss and suffering.
Source: The Madison St. Clair Record, "Walmart trip allegedly caused renal failure and death," Kelly Holleran, April 5, 2012
]]>"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.
]]> The most recent victim's family could be entitled to compensation. In order to be successful with such a case, the victim needs to prove that the landowner was aware and made failed efforts to improve the state of conditions. Obviously, several tenants alerted the landlord to the defunct stair case. However, the landlord chose to only replace the most severely rotted steps rather than the entire staircase. This could be admitted as knowledge of, and a failed attempt to fix, the rotting staircase.Reportedly, the landlord has already been at the center of several lawsuits and was ordered by a court to respond to tenants request for repairs within three days -- something he clearly failed to adhere to. "It's just tragic. It's horrible," a neighbor of the recent victim remarks about the victim's death.
Source: KTVU, "SF landlord under fire after tenant's fatal fall through stairs," Mar. 20, 2012
]]>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.
]]> A judge surrounding the litigation is quoted as saying, "Given the cultural context, it is a fair inference that the color is chosen to symbolize a loss of masculine identity and power, to stigmatize the male prisoners as feminine ... The dress-out in pink appears to be punishment without legal justification."The sheriff has admitted that the reason he makes the inmates wear pink is because the inmates hate it. The victim's family could be entitled to compensation if it is determined that this malicious act directly led to the victim's death.
Source: SF Gate, "Wrongful death suit over pink underwear reinstated," Bob Egelko, Mar. 8, 2012
]]>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.
]]> It appears that the decedent was traveling east on California Street when the man authorities are searching for ran a red light in his truck eastbound on Battery Street and struck the Lincoln Town Car. Authorities have few details on the man they are asking the public to look out for.He is reported to have fled on foot and only described as a "large male," as his race and age have not been determined. Police are requesting that any witnesses to the accident please come forward to offer any additional details they may be aware of. Callers may remain anonymous.
The family of the adult male that passed away as a result of this fatal hit-and-run have the right to know what happened to their loved one. Furthermore, this family could be entitled to compensation.
Source: KRON 4 News, "SFPD Search For Driver Who Ran Away From Fatal Hit-And-Run," M. Whitney Jr., Feb. 26, 2012
]]>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.
]]> The victim suffered injury when she was present for the shooting of Abdul's reality show, during which time she fell. As a result of the filming, the victim has also reached a settlement with the production company of $100,000 damages. This brings the total settlement reached for the victim that slipped and fell on Abdul's driveway to $1 million.This $1 million may go toward covering the expensive medical bills the victim may have sustained as a result of the injuries she suffered because Abdul failed to properly maintain her driveway. Furthermore, this settlement could go toward covering any lost wages the victim may have incurred resulting from her injuries as well.
Hopefully this woman's story will alert all property owners in California to the dire importance of property upkeep and maintenance.
Source: CTV News, "Paula Abdul pays 900k damages for driveway injury," Mar. 7, 2012
]]>This scenario may have been playing out before drivers in California that sat in traffic on Highway 84 in San Mateo County on the afternoon of Feb. 25. Both lanes were closed for 40 minutes and traffic was back up for nearly an hour due to a motorcycle accident.
]]> According to California Highway Patrol, a 20-year-old man from Stockton, California, was heading west on Highway 84 maneuvering a left curve in the Highway when things went horribly wrong around 1:30 in the afternoon. Reportedly, the man lost control and crossed over the Highway, landing himself in the path of oncoming traffic.The motorcyclist violently crashed head-on with a 67 year-old-man from Menlo Park, California, that was driving a Lexus. The motorcyclist was severely hurt but, thankfully, the injuries he sustained are not thought to be life-threatening.
Both east and westbound lanes were reopened at 2:57 in the afternoon.
Source: ABC7 News, "Head-on collision involving a motorcycle, car," Feb. 26, 2012
]]>The Santa Clara Sheriff's Office is working with local police on the VTA accident investigation. Officials say the semi was traveling west when it turned right, putting it directly in the path of the light-rail train. While the driver of the truck and the train operator did not sustain injuries, two train passengers were taken to an area medical center. A spokesperson for the VTA did not know much more about the incident.
]]> Authorities have even less information about the pedestrian's death. The victim was found lying by the side of a road at about 2:30 a.m. He was pronounced dead at the scene, and officers apparently have interviewed the driver. The circumstances remain unclear.Sunday's single-vehicle crash claimed the life of the 28-year-old driver. And on Monday morning, two passengers were thrown from a vehicle that rolled over on a highway off-ramp. One was killed, and the other suffered major injuries. They were just two of the eight occupants of the SUV at the time of the crash; none of the passengers were wearing seat belts. Officials did not believe alcohol was a factor in either crash.
Finally, early Wednesday morning, a sedan swerved into oncoming traffic and struck a tractor trailer head-on. A spark ignited fuel that had spilled from the truck, and both vehicles burned. The two occupants of the sedan died, and the truck driver was killed. A passenger in the truck's sleeping compartment was thrown from the vehicle and reportedly suffered serious injuries.
In this case, authorities do suspect drinking was involved. The California Highway Patrol reported that beer bottles were found in the front of the car.
Sources:
KTVU.com, "Two passengers injured after VTA train strikes big rig in SJ," Feb. 17, 2012
NBCBayArea.com, "Deadly Holiday Weekend on South Bay Roads," Feb. 21, 2012
Fresno Bee, "Car hits big-rig on Central CA highway, kills 3," Feb. 22, 2012
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