August 2011 Archives

August 27, 2011

Elderly Woman Killed In San Jose Pedestrian Accident

Bay Area news reports that an elderly woman was struck and killed in San Jose late Tuesday night while she was walking in the street. The woman was 75-years-old and was struck by a 19-year-old woman driving a Toyota Camry. The pedestrian accident is still under investigation.

If you or a loved one has suffered injuries as the result of any type of personal injury accident it is critical to contact an experienced Stockton accident lawyer promptly to preserve your rights and determine your next steps. Even though a lawsuit may be the furthest thing from your mind, it is important to discuss your options with a dedicated personal injury attorney in order to protect your future.

Reports indicate that the cause of the accident wasn't "immediately clear." Here, as in any accident it is important to investigate all potential factors in order to determine exactly what happened. Many times, the real cause of serious injuries and wrongful death isn't readily apparent. For example, an accident may be the result of driver error - including recklessness or careless such as driving too fast for the conditions, distracted driving or drunk driving. Other times, a defective auto part - such as tires, brakes or lighting - leads to an accident. In these situations a knowledgeable Stockton product liability lawyer can advise you of your rights. In some cases, negligent roadway design - such as improper lighting, inadequate signage or poor maintenance is the real cause of an accident.

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August 22, 2011

High Number Of Fatal Car Accidents On Popular California Highway Raises Safety Concerns

According to Los Angeles News, two fatal car accidents occurred this past weekend on the dangerous Angeles Crest Highway. As of today's date, there have been 5 total fatalities on this road since it was recently reopened. If you have been injured or lost a loved one in a California car collision, contact an experienced Stockton personal injury lawyer immediately to discuss your options and protect your future.

In one instance, a woman driving a blue Honda left the road near the Coldwater Campground. It is unknown whether there were any other occupants in the vehicle. She died as the result of personal injuries sustained in the accident.

This latest fatality raises questions of safety and roadway design. The stretch of road in question - a steep winding route through the San Gabriel Mountains - has just been reopened. The road was closed for repair from January 2010 to June as the result of damage caused by heavy rain that washed debris from the surrounding hillsides. In addition to these recent incidences, three other fatal accidents have occurred on this stretch of roadway.

Often - many factors contribute to car accidents and serious injuries. Driver error, including reckless or careless conduct, including drunk or distracted driving, are often contributing factors to car accidents. However, in some cases it is the design of a roadway itself that is the cause of an accident. A roadway may be considered negligently constructed where its design fails to provide motorists enough time to react or it is unreasonably dangerous. Examples of negligent design include:

• Lack of or improper notice of changing traffic patterns
• Insufficient signage or notice of road conditions - such as dangerous turns or construction zones
• Defective barriers
• Inadequate maintenance

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August 13, 2011

Carnival Ride Accidents - How Safe Are California Carnival Rides And Backyard Bounce Houses?

With summertime parties and carnival season in high gear, a recent article in USA Today raises an important question. How safe are carnival rides and backyard rental items such as inflatable bounce houses? The answer it turns out, depends on what state you live in. However, even in the states with the most oversight - such as California - accidents occur and injuries happen.

In these instances, it is critical to contact an experienced Stockton personal injury lawyer to determine your next steps. As the article explains, when accidents occur, they may be a result of a variety of factors, such as a safety failure by the manufacturer, errors in installation and failure to properly supervise their use.

Reports indicate that at least 50 children have been injured so far this year in amusement park rides. Last year, 2 children died in carnival accidents. Demonstrating just how dangerous inflatable rides can be, this past June a video captured a strong wind up-ending three inflatable rides, sending them into a crowd and injuring 13 people.

Potential injuries from amusement park rides and backyard inflatables include head and neck injuries, traumatic brain injuries, back injuries, broken bones and cuts and bruises. In the worst cases, dangerous rides have even resulted in wrongful deaths.

Under California law, where an accident occurs on a person's home or property, or at a place of business such as an amusement park, the injured party may bring a premises liability lawsuit. A premises liability lawsuit occurs where an owner or operator of the premises fails to keep their property in a reasonably safe condition or fails to adequately warn of dangerous conditions which the owner or operator knows about, or should have known about. In some situations it may also be possible to bring a product liability lawsuit where an accident occurs as the result of a design defect or manufacturing defect. An experienced Stockton personal injury lawyer familar with premises liability lawsuits and product liability cases would be able to evaluate the circumstances and determine the type of claims available to you.

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August 5, 2011

Stockton Nursing Home Fined $100,000 After Patient Death

According to the Los Angeles Times, a Stockton nursing home was fined $100,000 after a resident died. An investigation into Creekside Care Center found that inadequate care led to the death of a woman.

The investigation conducted by the California Department of Public Health found that staff at the nursing home failed to adequately treat an elderly wheel chair bound patient who mysteriously suffered a left thighbone break. The woman subsequently suffered cardio-distress and died in the emergency room.

If you have a loved one in a nursing home, and believe that they are not being treated properly, a Stockton personal injury lawyer may be able to help.

When we place our elders in nursing homes, it is often because they cannot care for themselves. We expect that they will be cared for by the nursing home staff. When staff fails to adequately care for patients - such as treating illness and injuries - or neglects or abuses patients, it is considered a form of medical negligence.

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