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Sacramento CA Personal Injury Law Blog

Traumatic brain injury survivor has sobering message

Humans are vastly imperfect and, as such, many engage in behavior that seems contrary to their best interest. This is evident everyday as thousands of individuals operate dangerous motor vehicles at high speeds while distracted. Since all it takes is a momentary loss of concentration to cause an accident, thousands of people are putting their lives and others at risk every day. As more people try to get the message of safe driving out, cities and states are organizing their own response.

Over the past three years in Modesto, California there have been 218 drunken driving accidents. Those 218 accidents resulted in 358 injuries and 10 deaths, which is a welcomed improvement from levels reached in the 90's, when someone was killed every 15 minutes. Since then,, programs such as "Every 15 Minutes" and sober grad nights have played a role in reducing the amount of injuries and deaths from teen drunk driving.

Wrongful death claim resumes for family of woman frozen alive

The family of an 80-year-old woman who was mistakenly pronounced dead and placed in a freezer alive has a second chance at proving their wrongful death case after a California appeals court revived their claim against the hospital. The woman, who was pronounced dead and placed in the hospital's morgue freezer in a body bag, was found with a broken nose and other injuries by the funeral home the family had hired.

Upon investigation it was determined that the woman was alive when placed in the freezer and had awakened and tried to escape, causing the injuries discovered by the funeral home. The family's 2012 lawsuit against the hospital had been dismissed due to the statute of limitations having expired.

After settlement Toyota still on hook for wrongful death cases

American consumers have enjoyed the benefits of safer, high quality goods for so long that many take for granted the very features that can save their lives. Auto companies constantly compete to make the safest car on the road, all for an affordable price. But no product is perfect and occasionally mistakes are made that can have tragic if not fatal consequences. When a problems arises most companies will issue a swift recall so that the problem can be addressed. But, there are some instances where a company may feel it is in their best interests not to make the problem known publically, and when that occurs the company may lose more than its reputation.

Toyota has just reached the largest criminal settlement for a car maker in U.S. history. The settlement comes after years of investigation into Toyota's discovery and subsequent late recall of faulty gas petal parts in its vehicles. While there were no criminal arrests in the case, the settlement allows for deferred prosecution if the car company is found not to be in compliance with the settlement. The settlement comes after the discovery of Toyota's efforts to cover up its early knowledge of a defective product, namely its accelerator. The recall delay was done to save Toyota's image, but resulted in the injury or death of countless motorists. The settlement does nothing to relieve Toyota of the responsibility for the 400 wrongful death lawsuits pending against the company.

GM recall may lead to numerous wrongful death lawsuits

When a company's choice is between doing the right thing at the cost of profit or maintaining the bottom line, the latter is often the choice. However, this money-first strategy does not always play out to the company's benefit, as a single lawsuit is sometimes all that is needed to start an avalanche.

GM issued a recall of over 1.6 million vehicles in February of this year due to an issue with faulty ignition switches. Shortly after the announcement the company was served with notice of the wrongful death lawsuit against it for the injuries and death of three young women involved in a 2006 accident. The accident occurred when the Chevy Cobalt's ignition switch turned to the accessory position, taking away the driver's control of the car and disabling the airbags, braking, and steering systems. At issue is the fact that GM had knowledge of the faulty switch in 2001 and did not notify dealers until 2005 or issue a recall until 2014. While the current GM is a new company created after the old one filed for bankruptcy in 2009, the victim's parents have still named it as a defendant in the lawsuit.

Pedestrian hit and killed while walking home from bar

Barring the hiccups that come with developing almost any new technology, car safety features have drastically improved since the creation of the first car. In fact, today's car airbags, anti-lock brakes, crash cages and seatbelts come standard in almost every newly built car. Yet, even in a world with so many wonderful safety devices there is still a group who has virtually no protection when involved in a car accident: pedestrians. People walking on the side of the street, on the sidewalk, or even just crossing the street have no protection from a one-ton vehicle crashing into them, even if at a slow rate of speed.

A young woman is behind bars for hitting a pedestrian after she left a bar late Saturday night. The car accident happened down the street from where both parties had been drinking earlier. The pedestrian was walking home with a friend after enjoying a night out. The driver of the car had been at the same bar, but decided to drive rather than walk home. She reports feeling a bump under her car and returning to the scene after driving a short distance to find out what she had hit. The driver stayed at the scene after realizing what she had done.

California stage collapse injures 25

In many situations a person can be said to be responsible for his or her own safety. This is not always the case, however, as some activities require putting one's trust in others or in structures built by others. To ensure that the owners of property used by other people properly maintain said property, states have enacted laws creating liability in the event of injury. The laws are commonly called premises liability laws, and can cover everything from a hole in the ground to not enough security cameras.

Over two dozen students are recovering from injuries in California after the stage on which they were performing collapsed. The students were emgaged in an annual musical challenge when the wooden addition to the stage gave way. Inspectors believe that the stage failed due to too much weight being placed on it. A review of the stage's building permit is underway and will likely take two weeks to conclude. Luckily, no one was critically injured during the stage's collapse, the most serious injury being broken bones.

Family sues Dodgers for son's post game brain damage

A California man may have to spend the rest of his life being cared for by his family after two men attacked him as he left a Los Angeles Dodgers game. The man was a San Francisco Giants fan attending the opening day game. Witnesses report the victim was attacked from behind by one of the men as the other prevented the victim's friends and family from reaching him. As a result of the attack the man went into a coma and although he has regained consciousness he suffers from the effects of a severe brain injury. As a result of his injuries the man can no longer bathe, feed or care for himself. He will likely need lifelong therapy.

The man's two attackers were recently sentenced to eight years and four years in California state prison. According to a news report, the men showed no remorse at the sentencing hearing.

Actress's brother involved in fatal car accident

Not every California civil or wrongful death lawsuit is adversarial in nature. Sometimes, it is just a necessary step to make parties whole, regardless of their relationship with one another outside of the court room. When an individual is involved in a car accident, it normally is not up to them whether or not damages are paid to the injured party. Often, it is the insurance company who represents the person accused of causing harm, which litigates the matter before the court. No matter how remorseful a person feels over their actions, they have little control over the damages paid to the victims and their families.

Actress Salma Hayek's brother is in the hospital after a Sunday evening crash, which left one dead and two in the hospital. The 40-year-old man was driving east down Sunset Boulevard when he found himself facing on-coming traffic after losing control of his sports car. His car was struck on the passenger side by a Tacoma truck traveling westbound.

Father sues city for wrongful death of transgendered daughter

Most humans desire equal treatment and protection under the law, especially by those who are paid to protect and serve the community at large. In reality, the law is nothing more than an idea that people choose to follow and adhere. Those who break the law are labeled criminals, but even those whose job it is to enforce the laws can run astray of its principles, creating more harm than good. Because police are human like everyone else, their perceptions, attitudes, and prejudices have a profound impact on how they fulfill their daily duties.

Wrong way driver causes death of 6 in freeway crash

Driving in the United States is a privilege not a right. An individual's driver's license can be revoked for any number of reasons, such as falling behind on child support or not paying a traffic ticket. Part of the social contract that comes with having a driver's license is the promise to follow the rules and regulations that are associated with operating a motor vehicle. These rules govern not only how a person operates their vehicle, but where and when. The rules tell drivers what side of the road to drive on, when to use a turn signal and not to drive into oncoming traffic on the highway.

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