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 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 " »

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 " »

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" »

The San Francisco Chronicle reports that the California Supreme Court has agreed to hear the appeal of a company whose insurer was ordered to pay the full cost of treating an accident victim.

The outcome of the Supreme Court's decision in Howell v. Hamilton Meats, will likely have a major impact on almost every personal injury matter in Marin County and all over California, by affecting how medical damages are calculated.

For many years, California courts have unfairly limited a victim's recovery of medical damages to the "discounted amount" paid by the insurance company. The discounted amount is the actual payment amount a hospital is willing to accept from an insurance company in exchange, for example, for business or prompt payment. This amount is often significantly less than the victim's actual medical bills.

In a rare victory for accident victims, in November the state appeals court in San Diego determined that an injured person who has insurance could recover the full cost of treatment from the person responsible for the injury.

In Howell v. Hamilton Meats, a woman - Rebecca Howell - was injured when a truck made an illegal U-turn and hit her car. Her medical bills for surgery and treatment at 2 separate hospitals totaled $190,000, but the hospitals agreed to accept $60,000 from Howell's insurer. In a 3-0 decision, the state appeals court determined that Howell was entitled to the full $190,000, in part because it was her foresight in getting health insurance that allowed for the discount in the first place. The court reasoned that Hamilton Meats shouldn't reap the benefits of Howell's planning.

The California Supreme Court granted review of this decision on March 11.

Continue reading "California Supreme Court To Review Damage Calculations For Accident Victims" »

Do You Have Sufficient Insurance Coverage? Driving a vehicle in today's society you are legally obligated to insure yourself in the event your actions cause harm to others. You also want to insure yourself against the other hazards posed to you on the roadway, i.e. underinsured drivers, drunk drivers, or drivers with no insurance at all. Let's say you, with your wife and two children, own a home, two cars, a boat, and a vacation home. You of course look to an insurance company to protect your assets. Either you contact an agent or you get on line to check boxes to create your own policy. Regardless of which route taken most people focus on how much is this coverage going to cost me a month and like other things in our lives, we tend to skimp to save a little. Problem is, the amount you're saving in no way justifies what your skimping on.

The family above decides to get a motor vehicle liability policy of 100/300, that is, $100,000 per person or $300,000 per incident. They feel $100,000 is adequate to protect their investments. What they don't understand is the cost of medical care; ambulance to the hospital, admitted for a couple of days, perhaps a surgery and medical costs can already exceed $100,000. A savvy lawyer may look at the family's assets and conclude the family is capable of contributing to that single limit policy of $100,000 so before they agree to settle the matter that attorney can compel that family to pay out of their own pocket.

The cost difference on a policy of 100/300 and say 250/500 is so nominal there is no argument justifying not paying the additional amount to have the additional coverage. Furthermore, given the numerous policies our family needs a $1,000,000 umbrella policy makes sense. This umbrella would kick in to provide coverage for any claim that exceeded the policy on the car, boat, home. It costs in the ballpark of a couple hundred dollars a year to have.

Lastly, and this one gets me every time: the aforementioned family has a good liability policy of 100/300 but saved a few dollars by having 25/50 on their uninsured motorist's policy. This part of your motor vehicle policy is for you, to protect you against the uninsured and underinsured drivers. The family hurts themselves by not getting at least limits equal to the liability limits. When you want to insure yourself against other drivers on the road make sure you have good uninsured motorist's limits. If the time comes that you need to access that portion of the policy you will be glad you paid a little more to have high limits.

I carry a $500,000 flat limit for my two cars and have a $1,000,000 umbrella. The umbrella doubles and underinsured coverage as well so it costs a bit more, approximately $400 a year. Well worth it in the event the need arises.

Save money but don't save it when it comes to having sufficient insurance. I'm not the biggest fan of the insurance industry but when it comes to your own policy it can turn out to be your best friend.

A closed head injury is a type of personal injury that is oftentimes sustained as the result of a car or motor vehicle accident. This type of injury is referred to as TBI, or Traumatic Brain Injury. It can vary from mild to severe. The symptoms of a head injury are not always readily apparent. They can manifest themselves in the days, weeks, and months following a car accident. Symptoms can range from forgetfulness, inability to concentrate, headaches, and a decrease in motor function capabilities. In that the symptoms are more subtle a head injury caused by a car accident is hard to diagnose and is oftentimes misdiagnosed or not identified at all.

Only a brain scan is able to identify whether or not you have sustained a head injury after a car accident. Thus, if you or a loved one has been in a car accident and are experiencing cognitive difficulties, be sure to relay those to your doctor. Only with an accurate history of your problems will a doctor be able to order the brain scan necessary to diagnose a closed head injury.