Stockton Injury Lawyer Blog

In a tragic three-vehicle collision, a Greyhound bus collided with an SUV, resulting in 6 deaths, including the bus driver. The bus was traveling northbound on California Highway 99 from Los Angeles to Sacramento, with its next planned stop in Madera.

Around 2 a.m., the bus crashed into an overturned SUV in the right hand lane. The collision sent the bus into another vehicle and then all three went down a 15-foot embankment, where the bus hit a large eucalyptus tree. The impact was enormous, leaving debris scattered everywhere.

As a California personal injury attorney, I've seen far too many accidents end tragically. In Thursday's accident, five people died at the scene and another died shortly thereafter. 34 people sustained injuries ranging from minor to critical.

Bus crashes are relatively rare, with an average of 4 deaths per year.

While the investigation is still on going, eye-witness reports indicate that the bus driver did nothing wrong, but rather had no time to stop after seeing the SUV on its side in the highway.

Continue reading "Tragic Bus Crash En Route to Sacramento" »

A recent study compiled the most deadly highways and times to be on the road based on National Highway Traffic Safety Administration (NHTSA) statistics. At the top of the list, California Highways I-10 and I-15.

These two interstates rank fourth and fifth, respectively, for the highest number of fatal car accidents.

Other noteworthy statistics include:

• 50% of fatal crashes occurred on rural roads.
• 60% of fatal crashes were single car accidents
• Fatal car accidents are down by 15%, but fatal motorcycle accidents are up by 13%

SafeRoadMaps provides an interactive link so you can check on the safety of any roads in Stockton, throughout California and all of the U.S.

Although it may not be possible to avoid driving on California's most dangerous roads, use common sense especially during peak travel times - such as avoiding driving while distracted and designating a driver if you've had a few drinks.

Continue reading "Car Accidents Most Frequent On Two California Highways " »

According to Recordnet.com, a collision between a bicyclist and a motorcycle in Lodi ended tragically after a bicyclist attempted to cross the road and was hit by a motorcyclist.

The motorcycle was unable to maneuver quickly enough to avoid the accident. Tragically, the bicyclist died from his injuries and the motorcyclist sustained critical injuries.

With the increasing popularity of bicycles as a mode of transportation, we all need to increase our awareness of each other on the road. Further, while it is unknown the exact circumstances surrounding this accident, it serves as a important and frightening reminder to all motorists and bicyclists to follow some basic safety tips to help keep California roadways safe.

These tips include:

For all drivers - motorcyclists, car drivers, truck drivers and bicyclists - avoid distracted driving. Texting while driving is illegal in California and has been shown to increase the risk of accidents and death significantly.

Further, whatever your mode of transportation, follow safety precautions. Whether this means wearing a helming, wearing bright clothing or following the rules of the road, taking simple actions can save your life and prevent injury.

Finally, use common sense and be aware of your surroundings. Taking time to anticipate another's movements can often avoid an accident completely.

Unfortunately, even with precautions and safety measures accidents do happen. Hopefully though, by working together we can improve the safety of California roadways.

Continue reading "Tragic Lodi Bicycle/Motorcycle Collision Kills One" »

With the Fourth of July weekend upon us, the U.S. Coast Guard is heightening its efforts to educate the public about wearing lifejackets while boating. In Lake County, California, the Coast Guard Auxiliary Flotilla 88 has been passing out free lifejackets to Lake County youth and providing boat safety classes at elementary schools.

Such measures are necessary. According to the National Safe Boating Council (NSBC), California has the third highest incidence of boating deaths in the country, and is second for reported accidents. In 2008, 45 deaths and 520 injuries were reported.

California law requires children under the age 13 to wear a life jacket, and a jacket must be on board for each passenger.

The Lake County Bee reports the most common reasons for accidents include:

• Careless/reckless operation
• Operator inattention
• Operator inexperience
• Passenger/skier behavior

In fatal accidents, alcohol use is common.

Continue reading "California Ranks Third For Boating Deaths" »

According to the Visalia Times-Delta, a Visalia big rig driver was seriously injured when he rear-ended a pick-up truck near Terra Bella. Both cars overturned.

Fortunately the pick-up truck driver sustained only minor injuries.

Truck accidents often result in serious, even deadly injuries. Because of the sheer force behind a truck, minor shifts in direction or speed may result in a loss of control of an 18-wheeler. It is often difficult for a big rig to maneuver in response to other drivers' abrupt changes in direction or unexpected conditions on the road.

In Tuesday's accident, the driver of the pick-up truck had slowed to make a left-hand turn when the big rig ran into her.

In order to keep our roads safe, a few tips for truckers/car drivers include:

• Maintain safe driving distances between cars and trucks
• Pass trucks with car. Remember that trucks have large blind spots so make sure you can see the truck in your rear view mirror before pulling back into the lane.
• Do not text and drive. Too often distracted driving is the cause of California car accidents.

Continue reading "Visalia Trucker Sustains Major Injuries In Accident " »

A deadly explosion at a California commercial building has left one person dead and severely injured at least two others.

The explosion made a large hole in the building's roof, and firefighters immediately evacuated the surrounding area.

The cause of the accident is still under investigation. Although it is unknown what caused the explosion, when significant injuries and fatalities occur on another's property many questions are raised about the safety of the premises.

Generally, the owner or operator of a premises - such as a store, a building, a park or even a home - has a duty to keep the property reasonably safe and to provide warnings of dangerous conditions he knows of or should have been aware of.

Where the owner knows about a dangerous condition, but fails to provide any warning, he may be responsible for any injuries that occur on the premises - including medical costs, lost wages and pain and suffering.

Continue reading "Fatal California Building Explosion Causes Substantial Damage" »

This week, Los Angeles Mayor Antonia Villaraigosa joined the ranks of numerous public officials calling for drivers to stop texting while driving.
The State of California banned texting while driving over a year and a half ago, but many drivers throughout Marin County, Stockton and all of California still continue to text while driving.

Texting can be deadly. In fact, some statistics estimate that you are 23 times more like to be in a car accident if you text while you are driving.

A bill is currently pending before the Sacramento state senate that seeks to increase first time fines from texting from $20 to $50 for violations and from $50 to $100 for each additional offense.

Bicyclists would be fined $20 for texting while bicycling.

The current law is being ignored by many, especially teenagers. According to the Pew Research Center's Internet and American Life Project, 26 percent of American teens admitted driving while texting.

Continue reading "Texting While Driving On The Rise In California " »

California legislators recently approved a bill that will provide funds to develop state-of-the-art treatment for traumatic brain injuries (TBIs). The San Jose Mercury News reports that on Tuesday, East Bay veterans signed a ceremonial copy of the bill - applauding the attention given to this significant and often debilitating - even fatal - condition.

Traumatic brain injuries are typically caused by a sudden blunt force or blow to the head, such as occurs in a car accident, a bike accident, a fall or even at a sporting event.

Symptoms may be difficult to detect and vague and may include mild headaches, confusion and slurred speech. However, without treatment these symptoms worsen and may affect motor skills, cognitive function, and the ability to communicate.

For veterans, brain injuries are called "invisible wounds of war" with service members returning from duty and not recognizing the symptoms for weeks, even years.

The new bill will provide training and education programs specifically designed to help medical professionals recognize the symptoms of TBIs and begin treating these injuries as soon as possible.

As a California personal injury attorney I support this legislation. Too often these debilitating injuries go undetected. With proper medical attention and treatment, brain injuries can be treated and the effects minimized or eliminated.

Continue reading "Legislation Approved To Treat California Brain Injury Victims " »

Memorial Day weekend marks the traditional start of summer, and the Modesto Bee reports that local officials are speaking out against the dangers of boating on the Central Valley's waterways without a life jacket.

According to the National Safe Boating Council, 520 boating accidents were reported in California in 2008, along with 45 deaths.

California law requires anyone under the age of 13 to wear a life jacket while boating.

Other safety precautions include:

• Always ensure you are prepared. This means having the right safety equipment on board as well as basic first aid kits.
• Check the weather before you head out. Storms with thunder and lightening can crop up in an instant.
• Do not exceed your boat's capacity in weight or horsepower.
• Passengers should remain seated.

For a complete list of boating safety tips, see the California Department of Boating and Waterways.

Unfortunately, boating accidents can and do occur. When an accident does occur, certain circumstances such as significant personal injury or boat damage require that you must file a report.

Continue reading "Prevent Serious California Boating Accidents By Wearing Life Jackets" »

The week provides a great opportunity to raise awareness among California bicyclists - as well as drivers - regarding bike safety. In conjunction with National Ride to Work Week, professional bike racers emphasized the need for safety after Lance Armstrong crashed in the Tour of California, causing him to drop out, and David Zabriskie, a bike/car collision survivor, won Stage 3 of the Tour from San Francisco to Monterey and took the overall lead.

Armstrong's injuries include a large gash below his eye and a severe bruise.

Zabriskie's injuries occurred several years ago, during a training ride.

According to the National Highway Traffic Safety Association (NHTSA), 540,000 bicyclists end up in the emergency room after suffering bicycling accidents.

In 2003, Zabriskie was injured when a car turned suddenly in front of him. He was hospitalized with a shattered leg. After his accident, Zabriskie started "Yield to Life," an organization dedicated to raising bike-safety issues, emphasizing drivers and cyclists sharing the road.

Zabriskie states that safety is really about using common-sense. Car drivers need to be more patient. Even a "tap" from a car can make a cyclist fall, shattering bones or causing substantial injuries, such as brain, back or head injuries.

At the same time, cyclists need to follow the rules. They need to wear protective gear and pay attention to the rules of the road.

Zabriskie also notes that too often cyclists and drivers are pitted against each other. Instead they need to work together. Drivers should remember that cyclists have a right to the road, and cyclist need to remember that just because they have a right to the road, they don't own the road.

Continue reading "Tour Of California Underscores Need For Bike Safety" »

The Centers for Disease Control has designated May 16-22, 2010 as National Dog Bite Prevention Week in order to raise awareness of the seriousness of dog bites and the resulting injuries.

Millions of Californian are bitten by dogs each year, and statistics show that one-fifth of all those bitten require medical attention - ranging from antibiotics, to stitches to reconstructive surgery.

Although children tend to be the most at risk, each year a substantial number of California utility employees have received dog bites requiring medical attention. When a meter reader or gas service representative, or any other service professional enters a homeowner's yard to provide customer care, unrestrained dogs may feel threatened and protective, and subsequently attack.

California utility companies have issued the following tips to prevent dog bite injuries:

• When you have scheduled service visits, keep your dog inside or restrained
• Post a "beware of dog" sign
• Train your dog to obey at least simple commands such as "sit," "stay" and "no"
• Keep all of your vaccinations up to date

California law provides that dog owners as always responsible for dog bites. An owner is responsible for ensuring the dog is under control in all situations, especially if they own a dangerous breed and know the dog may bite.

Continue reading "National Dog Bite Prevention Week Seeks To Raise Awareness and Reduce Dog Bite Injuries" »

Since the beginning of 2010, hundreds of thousands of cribs have been recalled due to the hazards of suffocation and strangulation created by drop-side cribs. According to KGO-TV San Francisco, the latest recall involves about 170,000 C&T International/Sorelle cribs sold in California and throughout the country since January 2000.

Earlier this week, the Consumer Product Safety Commission(the "CPSC") recalled the Simplicity baby cribs due to a problem with its metal support frames bending or detaching and creating a space where an infant can become trapped or injured.

And these aren't the only crib recalls. In early January the CPSC recalled 635,000 after reports of 10 injuries and one death as the result of defective drop side hardware.

Hopefully, the rash of recalls will raise public awareness regarding dangerous and defective cribs. A product is considered defective and its manufacturer, designer or seller may be liable for injuries caused by its use if its design was defective, if it has a manufacturing defect, or if there was either a failure to warn or an inadequate warning of the dangers of improper use.

Although the type of defect affects recovery, the most important thing for California families is that companies to remove these dangerous and defective cribs from the marketplace and ensure any faulty parts are replaced before another infant is hurt.

Continue reading "Massive Crib Recall Could Affect Dozens Of Central Valley Infants " »

According to KTVU, 47 car and truck accidents have occurred on San Francisco's Bay Bridge since the curve was installed, including the fatal truck accident last November. In that crash, Tahir Fakhar was driving on the S-Curve when the truck went on two wheels and then over the side. The East Bay News reports that Fakhar's family filed a wrongful death suit against the State of California and Caltrans earlier this week.

The Bay Bridge links Oakland to San Francisco, with close to 300,000 vehicle crossings each day.

Fakhar's case raises several questions sure to be discussed in the coming months concerning the design and safety of the Bay Bridge's S Curve. Since November, the California Highway Patrol and CalTrans have been working together to slow down drivers and have also shut down lanes of traffic. Hopefully these measures will lead to greater safety when crossing the bridge.

Other issues raised by this matter include whether driver error - such as speeding as the result of a tight delivery schedule or exhaustion due to long driving hours with little rest - were contributing factors. Further, in some instances trucking companies push drivers beyond what is safe in order to meet deadlines. Whether trucking company demands were a factor will also likely be explored.

Continue reading "Bay Bridge S-Curve Involved In 47 Car And Truck Accidents Since Installed" »

Saturday night a female dog groomer, along with three dogs, was killed when her car was broadsided at a rural two-way stop outside of Stockton. This intersection is particularly dangerous and it the site of many car crashes.

The woman, Judith Smith, was returning home with a client's dogs when her car was hit at the intersection of Van Allen and Gawne roads. Smith was headed north when Marcos Gomez, driving west on Gawne, failed to stop at the stop sign and collided with Smith's car. Smith's car was knocked off the road and burst into flames.

Many issues exist in this tragic case. First, the intersection where the accident occurred was known as dangerous. A friend of the victim stated that "this is a known corner for accidents." Trees and high grass often make it difficult to see on coming traffic. An experienced attorney is necessary to conduct an investigation of the area and determine whether the trees and grasses did in fact obscure Ms. Smith's car.

Often the specific location of the cars, the condition of the roadway and the maintenance of an intersection may significantly impact the determination of who is at fault in a car accident, and consequently affect the compensation an injured party or loved one may recover.

Complicating matters, the driver who hit Ms. Smith failed to carry insurance. Pursuant to California law, all drivers must carry car insurance in the amount of $15,000 per injury and $5,000 for property damage. However, in cases where a driver is uninsured, the victim's own insurance or that of another responsible party may compensate her or her loved one's for the injuries sustained.

Continue reading "Tragic Stockton Car Accident Occurs At Dangerous Intersection " »

The Central Valley Business Times reports that a consumer fraud investigation of Mercury Insurance, sponsor of Proposition17, by the Department of Insurance has revealed that the insurance company has disregarded California's consumer protection statute and overcharged consumers for over 15 year.

Under California law, all automobile drivers must carry insurance. Minimum insurance requirement include $15,000 per injury or death per accident and $5,000 for property damage. Where a person has been in a previous accident, premiums may substantially increase.

Drivers in the Central Valley and throughout California who have sought car insurance from Mercury may have been subject to fraudulent activities including the denial of coverage of drivers in certain occupations, failure to consistently apply insurance premiums when they were due, resulting in overcharges, and failure to collect the appropriate information regarding previous accidents to ensure accurate fees were charged.

Ironically, Mercury Insurance is now sponsoring Proposition 17, promising it will lower car insurance premiums by offering a discount to new customers who switch from one insurer to another. Although Proposition 17 allows for "continuous coverage" in switching insurance company it would also allow insurance companies to substantially increase rates for drivers who's insurance has lapsed for any reason, such as a prolonged absence due to military service, hospitalization from a car accident, or those who can't simply can't afford the premiums for a period of time.

Many critics point out that Mercury's message in support of Proposition 17 is deceptive. Not only did it pay $2.2 million to gather the signatures necessary to have the measure placed on the ballot, but it also seeks to legalize some of the practices Mercury has been fined for - such as canceling policies and denying driver's favorable rates.

Continue reading "Insurance Company Sponsoring California's Proposition 17 May Have Illegally Overcharged Thousands" »