Stockton Injury Lawyer Blog

A recent article in the Bakersfield news underscores the dangers of pedestrian/vehicle accidents. According to the report 15 individuals have died in Bakersfield pedestrian accidents this year. Earlier in December, two young Oildale residents were struck and killed by a Kern County sheriff's patrol car driven by an officer responding to a call. A few days later, a 40-year-old woman was killed while crossing the street in the crosswalk.

When cars strike pedestrians, the potential for serious injury - such as head, brain or neck injuries, or even death - is great. If you or a loved one have been injured as the result of a car accident it is important to consult a Stockton pedestrian accident lawyer to answer your personal injury questions and determine your next steps.

Many times, those injured or the family members of individuals who have lost their lives are unsure of their legal rights and whether they may be entitled to compensation. Several factors go into this determination such as whether fault exists on the part of the driver or the pedestrian. For example, whether the pedestrian had the right of way and was crossing within a crosswalk may affect whether the driver may be held liable. Additionally, considerations such as whether the car was speeding or otherwise going too fast for conditions, or if the driver was violating any other traffic laws.

While California law requires drivers to exercise "reasonable caution" toward pedestrians, with extra care shown for the disabled and children, pedestrians also have a responsibility to use due care. This includes such actions as crossing within crosswalks, paying attention when crossing the street, and looking both ways before entering the roadway.

Continue reading "Several Factors May Be To Blame In Pedestrian Accidents " »

In a case that has garnered national attention, the Sacramento Superior Court has determined that a $14.5 million wrongful death lawsuit may proceed. At issue is a violent attack that occurred in an Oak Park group home. In 2008, a conservator made the decision to place a paranoid schizophrenic with a 20-year history of violence in the home. Months later, the man hit an employee over the head with a wooden chair, fatally injuring her. He also violently attacked the woman's husband, leaving him with serious brain injuries.

Most recently, Sacramento County has claimed that the county is entitled to immunity from the civil lawsuit, but Superior Court Judge Rudolph Loncke rejected this argument, stating that either a jury or an appellate court must make the decision whether the county and the conservator had a duty to warn the group home operators.

Under California negligence law, a "duty of care" exists where an individual is required to follow a certain standard of reasonable care when acting in a way that might foreseeably harm others. Where a duty of care exists, a person or entity may be found negligent if they breach that duty of care and harm occurs. In some instances, a duty is already established by case law or statutory law.

The question of negligence is complicated and may be the foundation of many different types of personal injury and wrongful death lawsuits. From car accidents, to premises liability, to product liability - determining whether another person or entity is negligent is key to allowing you to recover for your injuries. An experienced Stockton personal injury attorney can evaluate your claim and determine your next steps.

Continue reading "Sacramento Wrongful Death Lawsuit Raises Question Of Duty In Sibarani v. Sacramento" »

A recent case out of the Ninth Circuit, which includes California, examined the duty of a cruise ship to warn passengers of dangerous conditions. In Samuels v. Holland American Line - USA Inc, et al. an injured passenger sued the cruise ship line Holland American. The passenger asserted that the cruise line had a duty to warn him of the dangers conditions that he might encounter swimming on the Pacific Ocean side of Lover's Beach located in Mexico's Baja peninsula.

In many situations, if you suffer injuries as the result of the carelessness or recklessness or others, you may be able to recover compensation such as medical expenses, lost wages, pain and suffering and in some cases punitive damages. If you have suffered any personal injury it is important to speak to a Stockton personal injury attorney immediately to discuss your options and determine your next steps.

Here a passenger of Holland American Line, Gerald E. Samuels, was seriously injured while on a seven-day cruise. While the cruise ship was anchored in Cabo San Lucas, Samuels and his family visited nearby Lover's Beach and began to play in the waves. Samuels had asked several Holland staff members regarding the safety of swimming at Lover's Beach and had been assured that it was safe to visit.

After initially swimming in the Sea of Cortez, Samuels then proceeded to swim on the Pacific Ocean side of the beach. According to his observations, the waves weren't particularly rough. However, as soon as Samuels entered the ocean he remembered feeling a "tremendous pull up and back and then being upside down." Samuels struck his head on the ocean floor and sustained severe neurological damage. He was carried ashore by bystanders and is now classified as a "high-functioning quadriplegic."

Samuels subsequently sued the cruise line alleging a failure to warn of the dangerous conditions, specifically that the cruise ship's staff should have warned him of the dangers of swimming on the Pacific Ocean side of the back and that had he been warned he would not have entered the ocean.

Continue reading "Ninth Circuit Reviews Failure To Warn In Samuels v. Holland " »

A truck carrying gravel slammed into a California bound Amtrak train Friday morning, killing five and injuring at least a dozen. The Amtrak train accident occurred about 70 miles east of Reno at the crossing of U.S. 95. The collision created massive flames and smoke, making recovery difficult.

Among the victims are the truck driver and a train passenger. At least 18 to 20 people were transported to area hospitals for treatment of serious injuries such as brain and head injuries.

If you have been injured as the result of any serious accident, it is important to contact an experienced Stockton personal injury lawyer. Even if you're not considering a lawsuit, it is an important step to preserve your rights and to evaluate your next steps.

The investigation in this case is still under way. Initial reports indicate that the gates and lights on the tracks were flashing. The truck tried to slow down but could not. ABC news notes that collisions at rail crossings are not uncommon ... a train in the U.S. collides with a person or vehicle nearly every three hours.

Many factors could have played a role in this train/ truck accident, requiring an in-depth investigation. Issues include possible truck driver error, mechanical or brake failure, train or truck speed, and whether the train crossings were functioning properly.

Continue reading "California Bound Amtrak Train Accident Kills 5, Injures Dozens" »

Earlier this week aStockton big-rig accident caused havoc for thousands of commuters after an 18-wheeler carrying bales of hay overturned on a ramp, damaging the guardrail connecting Highway 4 and Highway 99.

Although the cause of the accident is unknown, preliminary reports indicate that the trucker was driving too fast on the ramp, which bends and has a posted speed limit of 45 miles per hour.

Thankfully, no one was hurt. However, whenever big rig accidents occur the potential for serious injuries and damage is great. Potential injuries include brain and head injuries, back injuries, wrongful death, cuts and lacerations, as well as severe property damage.

Continue reading "Stockton Big Rig Accident Affects Thousands Of Commuters" »

A recent story run in the Orange County Register reported an alarming statistic - close to 300 amusement park accidents involving injuries occurred at amusement parks in the last 2 years. While some of the injuries were minor, many serious injuries occurred such as back injuries, head injuries and spinal cord injuries.

If you have been injured at a California amusement park, it is important to speak to a Stockton personal injury lawyer to determine your next steps.

Amusement park injuries - or any type of injury that occurs on the premises of another - generally fall into the category of "premises liability." Premises liability refers to the concept that owners or operators have a duty to keep their premises in a reasonably safe condition and to provide warnings of dangerous conditions that the owner or operator knows about, or should have known about. Premises liability actions can arise in any situation where someone is harmed at the place of another, be it a home, shopping mall, sports arena or amusement park.

Continue reading "California Amusement Park Accidents Raise Concerns" »