Stockton Injury Lawyer Blog

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" »

According to the Today New's Herald, a California man, Adnan Karaby, was injured after he fell off the bow of a pontoon boat and into the pathway of an oncoming motorboat. Karaby fell overboard after the pontoon boat encountered several waves. Fortunately, he wasn't seriously injured, although he sustained multiple lacerations to his leg and dislocated his finger.

In the Stockton area and throughout California, April 1 marks the official beginning of boating season. Following a few safety tips can help prevent boating accidents such as Mr. Karaby's, and help ensure the safety of California's waterways.

Some guidelines covering California state park waterways in the Stockton area include:

• Don't ride on the bow of any vessel.
• Have a personal flotation device for everyone on board the boat. Children under 12 must wear their life jackets.
• Obey speed limits - typically 35 mph in open areas and 5 mph in restricted areas.
• You must be 16 years old to drive a boat. Minors 12-15 can drive a boat if accompanied by an adult.

Continue reading "California Man Injured In Copper Canyon Boating Accident" »

On Tuesday, a California jury issued its verdict in favor of the victim in a horrible case of medical negligence. In Morad v. Tourah, the physician, Dr. Tourah erroneously performed a routine gallbladder operation on a Medi-Cal recipient. However, after discovering his errors, rather than treating the patient himself, the board certified surgeon drove the patient to USC County Hospital and dropped her off in front of the ER. The jury awarded the patient $395,000.

Sadly, many cases of medical negligence in the Stockton area and throughout California occur in the ER. As reported by the Institute of Medicine, the hospital location with the highest proportion of negligent medical events is the emergency room - with 52.6% of all hospital negligence http://www.centerjd.org.ER_victims.pdf Many times, the emergency rooms are already crowded due in part to the fact that the uninsured often choose the ER as the place to go for general health care. However, when negligence occurs, many are left without real recourse as a result of California's severe caps on damages.

Continue reading "California Medical Malpractice Verdict For Woman Dropped Off At ER" »